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HomeMy WebLinkAboutBATCH - Supplemental - 0518 Shelburne Roadr I101 N southburlintiton PLANNING & ZONING January 26, 2011 Goldman Sachs Commercial Mortgage Capital C/O Josh Hernandez Faulk & Foster 1811 Auburn Avenue Monroe, LA 71201 Re: 514 Farrell Street Dear Mr. Hernandez: This is in response to your letter of November 19, 2010 requesting a Certificate of Compliance and other information. The Certificate of Compliance is enclosed and the answers to your questions are as follows: 1. The current zoning designation of the property is Commercial 1 R-15 including the neighboring properties. 2. The "special" zoning approvals are enclosed. 3. The development requirements are all contained in the South Burlington Land Development Regulations(LDRs) which are available at www.sburl.com/regulations 4. The rebuild requirements are under Section 3.11(F) of the LDRs. 5. There are no building codes in So. Burlington so there are no open code violations. 6. A copy of the last Certificate of Occupancy issued is enclosed. Please feel free to contact me should you have additional questions. Sin r Vy and J. it Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com FON��[RFOAtEI" November 19, 2010 VIA FEDEX DELIVERY Planning & Zoning Department City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Zoning Verification Letter / Certificate of Occupancy Property Address: 314 Farrell Street, South Burlington, VT Site Name: Walgreens South Burlington Dear Sir or Madam: I am requesting a Zoning Verification Letter for the property located at 314 Farrell Street in South Burlington. The property has a commercial use and contains a Walgreens business. I have enclosed Faulk & Foster's check in the amount of $28.00 for the associated fee. Please address the letter to Goldman Sachs Commercial Mortgage Capital, C/O Josh Hernandez, Faulk & Foster, 1811 Auburn Avenue, Monroe, LA 71201. In the letter, please include the current zoning designation for the property and neighboring properties, special zoning approvals (Resolutions, Variances, Site Plans, Use Permits, etc.), development requirements, rebuild requirements in the event of destruction, any open code violations, and a copy of the issued Certificate of Occupancy. If there are zoning approvals or open code violations, please include copies of those documents with the letter. I would greatly appreciate it if you could fax or email the letter and any copies prior to mailing the original. My toll -free fax number is 888-596-9641 and my email address is Josh. Hernandezafaulkandfoster.com. If you have any questions, please do not hesitate to contact me. Respectfully, Josh Hernandez &Foster Real Estate, Inc. 1811 Auburn Avenue Monroe, LA 71201 800-779-0495 ext. 274 phone 888-596-9641 fax Josh. Hernandez(a�faulkandfoster.com r 1 ga0rX south ulington PLANNING & ZONING January 24, 2011 Massey Consulting Group Attn: Shannon Vogele 12490 NW Lauren Circle Platte City, MO 64079 Re: 514 Farrell Street Dear Ms. Vogele: This is in response to your recent letter requesting a zoning verification and other information. The answers to your questions are as follows: 1. The current zoning designation of the property is Commercial 1 R-15. 2. The adjacent zoning district is Residential 4. 3. The "special" zoning approval is enclosed. 4. There are no building codes in the City of South Burlington. 5. No, the approved site plans are 24" X 36" in size so I can't provide you with a copy. 6. The property is pre-existing and nonconforming for a number of reasons but this is not an issue. 7. A copy of the last Certificate of Occupancy issued is enclosed. 8. No. Please feel free to contact me should you have additional questions. Sin re , a n . Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MAS S E CONSULTING GROUP 12490 NW Lauren Circle Platte City, MO 64079 P. 405.819.8158 F. 816.431.6498 To City of South Burlington Attii: Ray Belair Phone: 802-846-4106 Re: The Walgreens located at 514 Farrell Street, South Burlington, VT Dear Ray, I would like to request a zoning verification letter for the above -mentioned property. Below are the questions I have: 1. What is the zoning designation of the above -mentioned property? 2. What are that adjacent zoning districts? 3. Are there any special permits, variances or planned unit development restrictions that affect the site? If so, can you please provide copies? 4. Are there any outstanding building code violations affecting this property? 5. Can you please provide a copy of the approved site plan (if readily accessible)? 6. Are there any legal nonconforming issues affecting the property? 7. Can you please provide a copy of the certificate of occupancy? In the event you are unable to locate a certificate of occupancy, would you please fill out the attached form letter? 8. Are you aware of any current or future plans for roadway construction, easement, condemnation, or other such activity that would affect the immediately surrounding roads and/or access to the property? If so, please explain. I understand there is no fee involved with this request, if this is incorrect please notify me immediately. Upon completion of the zoning letter, can you please e-mail it to me at shvuionv@rnasseyconsultinggroup.com or mail to my attention at 12490 NW Lauren Circle, Platte City, MO 64079. If you have any questions about my request, please do not hesitate to call meat 405.819.8158. Sincerely, Shannon Vogele } (PLEASE INCORPORATE ONTO YOUR MUNICIPAL LETTERHEAD) Date: Attn: Shannon Vogele Massey Consulting Group Regarding: The Walgreens located at 514 Farrell Street, South Burlington, VI' Dear Shannon: __ A valid final certificate of occupancy has been issued and is now outstanding for the Project. (See Attached Copy Issued.) _____ Certificates of Occupancy for projects constructed prior to the yearare no longer on file wide this office. The Project was constructed in __. The absence of a certificate of occupancy for the Project will not give rise to any enforcement action affecting the Project. A certificate of occupancy for die Project will only be required to die extent of any construction activity (such as restoring, renovating or expanding die Project or any part thereoO. _____ We are unable to locate a certificate of occupancy for die Project from our records. We have evidence in our records, however, that one was issued and has been subsequently lost or misplaced. The absence of a certificate of occupancy for the project will not give rise to any enforcement action affecting die Project. A certificate of occupancy for die Project will only be required to die extent of any construction activity (such as restoring, renovating or expanding die Project or any part diereoO. Please call die undersigned at _______ if you have any comments or questions. Sincerely, Signature: Printed Name: Tide: 05/06/2009 14:51 18023726905 BAUER GRAVEL NO HERO PAGE 01/03 TRAM S M I T T A L Date: May b, 2009 Name: Raymond J.. Belair, :honing Administrator Organization: City of South Burlington Fax: 8464101 From: Joseph F. Bauer, Esq. Re: 514 Farrell Street, South Burlington Rages, including this Cover Sheet: 3 *PRIVACY AND CONFIDENTIALITY NOTICE* NOTE: This transmission contains privileged information and confidential information intended only for the addressee named above. Any use, dissemination or distribution by any person or entity other than the addressee is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone (802) 372-6904 and return the pribirhal tra►emiricion t us at the above address Comments: URGENT! 4 05/06/2009 14:51 18023726905 RACIER GRAVEL NO HERO PAGE 02/03 Joseph P, Bauer John C Gravel Daniel N. Farnham Thomas C. 1Vttovo Eric G. Parker Richard,_ Lang. jr. Bauer, Caravel, Farnham, Nuovo, Parker & Lang VIA FACSIMILE _ 846-4101 Mr. Raymond J_ Belair Admiuustrative Officer South Burlington Planning & Zoning 575 Dorset Street South. Burlington, VT 05403 Attorneys at Law 10 Northland Zane P.G- Box 33 Norrh Hero, frermunt 05474 (802) 372-6904 Fax (802) 372-6905 �ti�►t-w. vtlawos, catn jbauer@vdawojj`ices_ com May 6, 2009 Alan A. Bjer ket Susan R Buchanan Matthew M. Gutman Jonathan At Stebbins t41go a&nttted in ]Vi& .FL "Aho admitted in NY Re: 518 Corp. - Creative Habitat property Cher_ Herman and Mavis Thomas, Trustees Property Address: 514 Farrell Street, South Burlington Parcel No. 0270-00514 Permit Numbers: ZP-080030 and ZP-08-132 Matter: Completion of Level Construction to Preserve Drive Through.Permit Dear Ray: This will supplement your meeting with Marls Dowling and Jim Carroll on Monday, May 4, 2009 with regards to the above -referenced project and will serve to cones the following understanding. I. In order to meet the July 4, 2009, six month construction completion date for the drive through., it is our understanding that we must complete the following: A. Open up the north and south ends of the bay at the easterly end of the building and other minimal. steps to allow for access of vehicular traffic through the lay; B. Paint over the three parflung spaces at the south end of the build n ;; C. Re -stripe to designate the drive through; and D. Drive a car/vebicle through the drive through and demotlstrate to you. BlTRL1NfrZPN- �Q College 5bset •P.Q. Bax 607 • fhvlingtnn, YT 01402 002) 863-5538 -Fax 002) 964-7779 • f ncuil: bag.bcu'!i»giw @V9rizon.Aet COLC,KES ,F.R: 567 Alain Street - P.O.11ax 113 • Cakhestar, v.T. 0w 401) 879-6323 -Fax (802) 979.7045 • Emuil; fmntdesk@Van (fflXffx0M moNMELIER: 29 Mato S&mt - Suits 8 • Montpelier FT 05602 (d02) 22R 2000 • (& Appamb ent Ottly) PL>NEY.• 94 Main Street • P.O. Bax 200 • PuWY, YT 05346 (802) 387-4620 - Fax M2) 387-4716 05/06/2009 14:51 18023726905 Mr. Rajgr and J. Belair Page Two May 6, 2009 LAUER GRAVEL NO HERO PAGE 03/03 2 _ It is also our understanding that we do not have to do any global exterior or additional interior upgrade at this time in order to meet the construction completion deadline and it is also our understanding that we may put closures on the drive through to provide building security when the store is not in operation. My client and everybody else involved are rusbing forward with this project and would appreciate your calling me and/or signing below to acknowledge the foregoing understanding. Thank you for your assistance and prompt attention to this matter. JPB/mds cc: Mr. James Carroll Mr. David Meath Sincerely. BAUER, GRAVEL, FARNHAM, 'A RRF ANG 3auer, Esq. ACIaO NIEDGGUMEN T 1, Raymond J. Belair., Zoning Administrator of the City of South Burlington, hereby acknowledge the above stated understanding. Raymond J. Belair Zoning Administrator City of South Burlington 05/13/2ooe 16:37 19023726905 BAUER-GRA;fEL NO HERD PAGE 01/19 J TMAKI hAITTAL Date: May 2008 Name: ?fir. Ray Beiair; Zoning Administrator Oroani?ation: Fax. 846-4101 From: Toseph P. Bauer, Elio.. Re: ;118 Cnr_ D/h/a Creative Habitat and Subsequent Owner Thereon - Free Standing Skgn gages, including this Cover Sheet: 13 *PRIVACY AND CONFiDENUALITY NO'Z'lCE :T^ h—q # u :si :ius- n contains priv?leged information and confidential information intended only for the addressee named above. c —W "" n_t'o:j L•� L�Istr'��ktj?�It �� nSe, dr,.,e—;A any person or entity other than the addressee is strictly prrohii-•iced. Ii you have received this transmission in error, please notify us immediately by telephone (802) 372-6904 and return the original -transmission to us at the above address Comments: a5/18/2Q0^8 16-:37 18c+28728oa� BAIL P GRAVEL HO FERO PAGE 02/19 i—arner cc° A -fur �; roseph f� RmAeor Attorne_w at Law r bhm t, (;ravet !0 Northland Lane flttuf?l.Y .Farnham P.G. Bar 33 Thomas C. Nuauv North Hero, Vr,mont 05474 Eric G. Parker (802) 372-6904 Richard 1. ,pant: Jr, g Pax (802) 372-6905 w K,.vdawgJftces"cvm jbcauerCc�i vtlawvaffices, corn May 13, 2008 VIA rACSINULE 8464101 Mr. Ray Belau znninoy Ail nJni gtratpT City Of South. Buehngton 575 Dorset Sireel South Burlington, _VT 05403 Tle.51 - - R Carp, d/b/a Creative Habitat and Subsequent Ovmer Thereof - Free Sta- fing SiE,:z Dear Ray - Alan A. 6ierket Susan R. Buchanan Matthew M. Glitman Jonathan M. Ste6bins t`A130 ado ued in Nf a FL Please he advised that I have been asked to assist 518 Corp. and the future buyer of this pr"'p erty to develop, w plan for +j3e location of a free. standing sib}, to a.dvec#ise the business. I ant aware that you'saave already Sin.',cu to Steve Volk — th regards t ky 1 �vfitati^ls on thee placeri]ent �'�'A � lir•AA 4f« VAA 4 of free standing signs as it relates to this property and it is the goal of ocr weeting tutuoilow to see if there is a method by which. this could ultimately qualify for a free standing sign. To facilitate our discussions; I am at this time enclosing for your file the following documents' i 't'L.. 1 :77..,-..,�.4 , .-A firm r — c F• rrui t�v a ri w—, Thu uas Sill 1. A1Ac Gri�,iva1 xrcut-- D.,.n. rra!- �i3.,.1na' ....1 H.r.�i» .x. .Mavis C. Thomas dated .ianuaiy 28, 1960 Whim 1s of teord 71J Y'VillTa 5' dt r ag,G . A ox tlic South Burlington Lazed Records, which conveyed the land and building now occupied by Creative Habitat, as well as granted extensive e-Kebisive. easc-rrtents over the adjoining PrC-?--k' located Westerly to the store for f'arlkww 2. A Quit Claim Deed from DaVld Zvi. Farrell arid' Stewart i. Wcvonaiiglxy as Trustees, Farrell & Morrissey Development Company, inn. and Farreli Corporation to ? erman S. Thomas and Mavis C. "Thomas dated February 11, 20O2 and of record in Volume San at Rages 457-466 of the South Burlington Lana Records. This Ouit Claim Deed in 4; C'L'iIAV tAvi:� `+'k u !: .w+� ciA4v tue. TIU-%InnQP+n Fr„rrAll �t �" waq �ecuted fo- iolmillPi�tiVnjA—AAA a prC)TTaClefi pBZi.oQ UI t1L1�dllVll uYC� Ullc CX4Grlt Vf thG AatuAlusGS casciTicilt i igntS and vSi3.er ra .� rO-rnnr. In r n.�e c°-- . P n" a— 677. Ra 4 �� L'r 0140s (602) 663- 5538 -Fax (802) E64-7779 •.1mail: beg. burlingtongwrtzonmet sravTPx = 2 1fain Sft--t - Suite 8 • MoVelier, VT 0560z B0,7) 229-2000 • (BY AppoinawAt Only) COLCHESTER: 567 Main street • Y.O. Box 1 [3 - Goicnever, YT 0446 o.+n —n _ c . <.,....,.-- ...ram-. .v5..,.e. lOVL10%Y-6JL� �i'tu � vs� o.r-tvrj-w'huti..p vr.aaw Piiiriel'w+'iviiei8vu`dr=R.�'.,�az:"�. n,�, Vi�15346 /�f1fl3R?-df20=F.0 (80.'.,:35.'-47td 05/1 3/200e 16: Q' 1902 `?`6-QvcF MA Gvl'Qi1Q Mr_ Ray Belair PaaP Two A'Tai P2 it1f152 AvIk }J, iVV4 issues and constitutes a restatement of brae lhomaseS' exclusive easement zig u over a portion of the property lying westerly, southerly and easterly of the existing facilities; aide a. 1 P,tAA a1 v vuclosing N Copy f 'of two of th-_ Plane wi is are- referenced in- the. Chit Claim deed. Although it is clear from my review of the State C?n Premise Sign. provisions contained in Title 10 9403 et seq. and my disr_.assinns with. the Sign. Control Section of the Vermont Agency of iflies 3o?'e-fefei'pncFc� �aa�lg wnliici ��alify A�dU,��,.tl t,[tdLltldl tLLaL tAlc AA�'A1tJ �railL�n-i iv tAA..l tivaii.cauwuinMAC the property located between the existing bW_ Wing and Shelburne .Road as " prel-Ifise" fol the pw-pose of complying with the State On Premise Sign Statute, I am aware of the fact that the sign ordi-nance adopted by the City of South. Burlington is mucky more restrictive in that it only allows placement of eP gtandinvg Sim on the tot owned and occupied by the business. With these restrictions in rid-n 1, it is our hope that in our u'yscuo'sions )'Ou be able to assist amy, client in developing ? plan Wlucj2 wljj allow ZDX the annexation OI all or d l7UrLiVIA ofthe land 'lying or, ttlG Wear. siuc Qt. rile Stvr2 and Shelburne Roadand the attachments thereof to the existing store lot so as to qualify far the placement of an on premise free standing sign located closer to Shelburne Roan.. I loO'K liirivaru tG discussing this matter htirtuler ..itai you. Sincerely, 1 A LTF12 C",RAVF_.T .; F ANT4 AM, e l�h eph P. Rai1 r� Rgy JPB%mds Enclosures 05/13/2000 1G:37 10002372GO05 BALUR GRAVEL NO HEM ^AGE 04/14 au+ n10LHl rA kin Bnn GL" j 70" D 02 DEL= ^�7.01 ':tl'� Ub 18 PH /� uN wrju mio wu1na rri� ivu. ur- uu, u F T'ftOMAS A. FABRML `y 20 tMMAN S. THOMAS AND MAViS C. TiCOMAS 'dNOV ALL HEFT rr T fE :E MSIXT5 i 704a7. 1, —Moil.. a Farrell, ar spr"thi $•fir iirgtun iu tha .Cwuaty of CLu tardawad .aitatr of Vs.. -ma:.'' Grantor, in the consideration of Tan.and More Dollars paid to myrull oatisfeetion Sy Heraaxi 8. Thea and MaY1a G. Thoeaa, hu&b&ud an4 wire, Grantee&, by these presents, do SrO617 Wive, Gran otat, $ail, Convey and Canfiras unto the said Grantsoa. Inarman 3. Thomas and Mavis C,2Rtamss3, husband, and wife, a certain piece of land in South Eurlington in the County of Chlttanden and State of Vormont, dwrcritsed ac fel.lauat Ap4ece.or•pareai;of'isnd,locathd easterly of Shelburne Streit in said Town with Wilting thereon atanding, `ai.,g alp : rd tha aara Pica: -r gar sal oS land baundoa a- aa:d buL''.S:.g i- teen dcd to- _1 p�ather witia oaeementa appurtenant thorato, at ,hewn on a asp entitled "Plan end Lana Eaaamantst 1! >,to S'raalburne Stroot, 5o th-uurlingtan, Vermont. Tnoma. A. e-arrell, Gwner', dated 'uctooar dµ, igj'y, u and to ba r.tordad almultanoouoly herawlthi it iirranL,.wn steal! have wn e`•nemknt for qy hsng of the exi.tlnt, &4nopy and Oq, iAiaea 4101 fwr 1944- Lion of existing oil tank, and for any replacements thereof, of substantially the same also and I 2. The Gran"On shall have a rlght•or ingress and ogrsas for themoolvea, their agents, amployoaa. inviteees licanaoua and naaigna, in common with othara, over And across she pre7lleoA-roaaiaod by Lhe Grantor to and from Shelburne Street, Such right Or Ingresa and agrees shall be adequate for furn- iture vana and other vahiclaa customarily used in the traneportatlon or furniture. The Grantor mar ffran time to time chango and ralocato such way of ingra.ax and errosa provided such Changed or. ralocatod way Abell be reannnably adequate for tho GranL�aea, purposes An aforesaid. 3_ Thq, an .L... shall haw. so .aaesunt far ac�.aa rer vaahI,g of pindaw3. D�rviein�; repair; mein- toriance, construction and reconstruction, And for light and air, not loam then five i5} feet in 'dt- -- ----ir,.atp.- - . -a, o�aY `ha u.a tie--3 y•:a� of tY:o `w:lii'•i••g, vx•:a-yt trait 0r-a"+�toa ,uoy ai'e3t a wait riut 6Adedu',- ing sixty ((�6f_llinehe" in width nt the extreme nopthweatarly corner of ,,old b• }),ding for tho purpaeo or providing a cantlnuous store rront between the ggranted premiaea and Such additienxl building as the rcntar may herasfter croct northerl, of end a3joinin the ,t_rsnced premieaa.. Said aaaament for access sha31 bo ten (1G} fact in width between the aaaterly and of the northerly aide of the build - Ina and a point aioht_v t3o) fact di.teat th.r.f.— .xt.eAL.S .,.etarlr 7•. 1<nS anl4 ttersta•aay etas e£ the bu,1141•g. —thn -1G -ia:,t ., pp >, r�.alL. ... - g.-r.��.,... "a ra.-%:1Tip a. 7waiGiv9 and to load - and unload in+an'aran twenty_rive (T }•{eat in'width extanding•aloag:the^et,- tiF'e�,•dVtd[A� :ail vi` eiia i,frise uuildiug and 1n-c4a arse 2.7"s 6etwean the aoutuarly weal Oi Aaid bulldin$g and the existing aurbing which Marks the rnntherly aldeline of the travelled road khokn an eiarket $quaro. Its addition to tuis aaseatent, the Grenteon shall have an sasomant for "a prating, loadinA and unlondina of vch:clas on tha northerly aide of the buildingf but'1f trio Orantor ,hall ever construct a building on the nortliorly aide of the lrmntad premises tale lest mentloned easonent ,11.1.1 bt) r.0) aq'i Vnl_,i, 1. Tao Granxaes snail hgva an tenement for location and %aintlanance or utility lines as raquirad t* serve the grants.' -pruiiiaaa, tha GPiutar- tv u&Ve tr,A yi•1V1168e of releCatinq the gone ac any timo without expgnna to the Grantees, G. '3Ae clrantaoa gj},( 1 hav2aannoasomant, io common with others doing buaI"&a In the vicinity, for an the -said parking area, or aLherwiso lnterrera %eibh its use for parking except that r fifty foot uidc strip clog the eastn.-ly sidali-a of 3halburna Straat say bo pasted ee a no parking sons to provide a right of way to the Cities Aorvlee oi..i. Cempeny aorride stPtt en. The use of the foregoing oangmsnts t o ingrasa, egrosa, accaas, parking, 10a41ng and Unloading. shall bo aubjaot to such raRsoAable rules and regulAtloas for the control of traffia ao the Grantor, Ma heirs ng e..19,i may xrbm time to time prescribe; 0-4 tc alac_h rns rl_tivn- a 4a?a tSSn �^may hmicaitsr, be imposed by uaara of the area. The Grantor may from time to tllse perform nacossar -4- -»- can :, l~--r_ mart: pr wtda i•lumirstl-- clear e -- - s _ aaintea�aiue tua•la, arec4 anal remave aignaVand curbs.aenlarp or diminish the rights of thepdrsnUea andotherpersons to Meko has of the parking area, and adopt and carry out such other practices as sha11 be benarIgial for the purposes for which the easam&rft3ara granted or :casonab2y noceasary for the onjoyaont of the privileges by Cho Grantaea and othera. Provided, howevor, such reserved rights shall not be exork ais" no as to daprlva the Gv�AL... of the hnnetit ag the laat_nne„ty hwtai±+ granted. 4'he Ora".tor raaarvos for hi.maslf, his heirs and asaigna, the right to relocate the existing oil tank and power line ',he xxpo-ao of au:h reizz tion r to or before the 3 t das --t br the to or.-aic—it$fg tn: . exit U. .4..t *tie GrgratoT, his heirs or asalgna, shall onayofDeasmkmr, 1999s•erect a building n of t;,avly -j tun jsrtriadd Premises and aain building is loeeted lass. tgan twine five (w4) Teat rr4m the granted premisov, that, in auch event the .person constructing such additonal-buildi4g sha11 also, if roquostar b7 the Granter., their heirs and assigns, clear the tom (10) foot wills rl gat of way Of utility Palen and defray tho scannable and oaasssarT axpanam of eanatructi-u_a A door an the ..at_ orly and of the building ,at o,sbate=ttaa117 the ..mr aiee, A.eign, wad gwnlity ra, tba largest door naafi located an tha northerly aid. Of tha 1u11dina, .le additinnnl e.n.arnration row the con�ay*n.. o;' the granted pra•liaes, Grantees cotenant and ogrea, _ 3-la 3-i---- ate to run with and b1„A the premieee •--et=T "n7ed, at 1. ADY -ark to be porforoed to the rxanuad promises shall be carried out in such a wanner as to Inter - fare r- little, _a p%a.iblo with other Wiin• 44 oporntjcTi in tµd Area and Ulo arantaea agraa that they will notlhtierrara with or obstruct utilities during the prosocutlon of such work. ?he Grantees agree LbAM eiaieriale will not bo stored at any time in the customer parking area or in any way of i.ngraaa -nd sgross, and that up2n the completion of work, the parklna area Andotrvica are* In Lhe roar of Grantees• building Shall be left brden clo". The Grantee* shall not eac19ae the aroa ba- naath tha canopy. P. The Orantace covenant and egreo that the premiss" hereby convoyed shall not be used for the gait r r_ad f-- acnC::;s:tion off tho pr.4iAa3. 3f t=a CC.rauaiat " viulai.ou, tBa Grantor or Grand nion Steres TAcorporated of Vermont. Its aucaeeaore or asolgna, ..hall be untitled to inluac- tivr Or `- uy.Nsu1,r14ta Totter for Si%Ga violation. V*r shall the arsnteen, without the Prior written consent of the Grantor, lease any portl.an or their agora building for occupancy by other than a furniture start, & dry cla&her: a barber shop, a beauty' .Alan; a national chain shoe atorc, drug store or offiao aauj4..At et.r. er Lb_ eL_. •fah 1. a._t.d to the madition of services rather than aalea, excopt that thin provision shall not be binding upon the 0rantooa is each conracrat la unraasonahlg withhold by th. rr .,tar- In the sr_n. of a ••re'istiC= of this covenant, the Grantor or Grand Union stoics xnenrporated of Vermoht *hall be ontit'lad to 'ea1un a{::ivn er sin er nnprnnri nt_ r_li.P� ]+ Thlro �r�niaas %___ n without the oenasgt ae Grantarf erect anZ trio staadina towirr_ or other 05/13/2000 1G:37 1002372G905 nAL1ER GRAVEL NO HERD PAGE 05/19 ..- -y ...... ,-. ,., raaaeaea wa7 shall he reaoaIIsDly adequate for tlka lushly aeei purposes as arc 3• i..,i `uc es,iaea siaali Hare en "Sorkent for a far washing or windows, at tenance, =nnatrUCtion and reoonatruction, or. light and .ir. not leas the width around the entire perimeter of the bail... , ex4spb that Greater may or irg sixty Mr!Inches In width at the extreme norE_'owsatasly r ,fi asid ..I of providing a Continuous 4borc front between the granted premisos and such a the Grantor may heraarLar aract novkheriy gf enei 4:,+Clwiwp the Q,ra:tq,'. prowl: e..eea shall bo ten (10) foct an width between the easterly and or the northe 1_ and . / t aig (4ni fact -1r;...,,.. g the Point 1 ..�c..t+ arw..,r ti.ai�efiwm Vwwiuiing w6eBarly aloes a r+g. 4• 3r4itubt Aha!! have cha exclusive right to park vehicles, or to prohlblt and to load ahcl unload vobjeles 1A"ar'araa'twenty-Slue .2r3 Iset in.'width'rxt tirs'aasterly wail of acid office building and Iii-the area lying between the. bulldina and the eal3tina curbing which Marks the nark. _fly aid=lire a" I a t )%rlcet 3quara. In addttfon to this easement, the Grantsas shall havo an •eao+ 4ed_ tnP ana mrinttdinr , r vehicl. an the ncrtha , oa ei ra red building, his ever construct a -building on the�northsrly side of the granted pr.�iega this 2'1 C- -d Vold. s•_~Ths Grantoea shall have an oaaemsnt for location and maintannnes of utili' to a*Pfie Zhe grantod promises, the Orantor to have the privilege of relocatioi without expands to the dran.sar. 6. The Grantdas shall haw. .n see e..,* t. .- .aiw oa tA0 Dail porXirg area, or eLharwian Interfere wi{h its use for parlcln¢ exck f uaL "lac azelp ftlong khe eastarly sidoiina of Shelburne Streit may be posted zone to provICa a right of wa,y to the Citioo Sorvioa oil Cwauanv So]r.ica sL.Li The nee or the rarnaoing oanaatantt fot• ingre*a; oor_a.- ... .. +.._- r, par!".. +va"' tto quDjoot to such reasonaDla rules and regttlatiaAa for Lhe"control of trafrii ^r hesigns, may froz timz to tl.ma `yraicriba, :nd to ouch restrictions as he.. be Imposed by nears of the area. The Grantor may from time to time perform n: w:ek. +make no coA4wry iwpruvemsnts, provide illumination, clear the area of sac and romova aigna and curbs, Warge or diminish the right; of th. r"nt_es and use or the parking area, and adopt and carry out such ether praetiess as shall the purpoeoa for which the rrantwa or .... .ehµ ncca::ary for- prlvilsgaa bT the Grantees and okiters. frovidad, however, such reserved ri ht @--, ...e G�:.ataa: of -ho bdaarlt of Like saaomanta herein gra reserves for himself. his heirs and asaigne, the right to relocate the aristin lines, the oxp;,,-,&r yr au4h relocation to be stet by tAa parson relotating the s Grantn1F, his heirs or assigns, shall an or before the 31st day oz December. 19, -Lvr wia-ly of the granted promisor and said building is heated leas than tweet the granted rreaises, thoa in such event the p_.raan corat,.tina such 4d4flk.n_, ii requoo"sari by the 0rwnteaa, their hairs and assigns, clear the ten (10) foot of utility poloa and defray the reaeanablo end nwne.._ry erPo:sa at _ n; .sty Orly end of the building of aubatankielly the Rome Rise, designf srd�quality, a, w ].acai�fl .,, she n_w«keYl� aids a.rthe r:liLirg. As additlonnl considaraiion for theconveyarlce of the granted premises, Grahte, r-'+d to :tea wits. !n4 Mill Gns prepisso horsey =onveyod, as follovsg 1.Any work to be parr."vd to the granted promiaca shall be carried out in 41 tars ae iiiot tl pas ainlo witty other busineas oparstiohs in the area and the 1 thb7 wxZl not ihtr�l era with or obstruct utilities during thy_ ,nr^_a^_^MtI=n of m agree tbat tnaterlals 'Will not bo stored at any' time in Ctrs cuytomor parking art ingr-83 and .grass, and that upon the cg4pjenT01 o- v._.i r. area anA rear at Gr-ateosl building shall be left broom .lost&: 2Yte Grantees shall Hat + neath the ecnna.. s The ardnfoal for .ovansnt and sprao that the pramlaea hereby convrtsd ;.hall no' -s10 o" fees. fo.- z"3:j`yiiti4ii i, fi the promises. ii Chia cogenant Is violated, + Grand union Stores Incorporntoa of Vermont, its successors or ssal;aan, shall in Live ur 6ttW' appropriate relief for such violation, liar hall the Grantaen, without the prior writtar, aana.e+t of the a ... ker, 1.E2; afore building Tor ocaupanal by outer than a furnitn.re store. a dry aieanor, a salon, a national ch41n shoo store. drug at.,.or orej--. a,.4-4 at otcra or to ths=nodltlon of services rather then salsa. exaopt that this provisioonshalt the Grantees it such eans4nt is wnr.exnrahly xi:h`leld rf thq Dr:riter-. It& due t of this covenant, tha Gpagtor ar Grand Union Stores rncorporated or Vermont she Sn lunct iys or --then . rn rime rMli 6f. 05/13/2000 16:37 10023726905 BALER GRAVEL NO HERD° PAGE 06/19 DEC ;e7—lei TVU 06:19 PM YRSON WADWS WIRK FAX NO. 862 969 1 � P. 03 Iry ,any, from e1,40 co tdgo cnanga and relocate ouch o:,y of In$$r'"d And egress provlded such changed ar rpiQaatad Way ahall ba reasonably adaqudte far the Orentiteess vailposos as aroressid. 3. The Grantees shall. have an e�satllent for apneas far lashing of windows, servicing, repair, teaih- n £onance, construction and reconstruction, and for light and air, not logo than five (5) foot in 4 width around the entira perimeter of the building. except that Grantor may erect a well not axcaed- ing sixty t(k,)inchoa in width at the extreme northwaatorly corner of said building for tlia purpoaa of providing a continuous store front between the granted promises and such additional buildlnAs the Orantor may here,,ftor erect northarly of and adioiniag the Krnntod preaiaas_. Said easement for aceons shan ba tan (le) feat in u:idth botuaaa the eastorly " of the northerly aide of the build- ing and a -point eighty (60) feat di_tant thorefrom extending westerly along said northerly aide of the building. i�. Grantoos shall 'nave the exclusive right to park vehicles, or to prohibit the parkin$ of vehicles i and to load and unload vehicles in an area twenty-five (25) toot in width extending along the on - tiro easterly wall of said ottice bulidlug and in the arna ly€ng between the souttaorly wall of said building and tl,a axiatine, curbing which marks the northerly sidalino of tho travelled road known as Market Squmro. Za addition to this osaomant, the Grantees shall have an eaaaslent'tar the parking, G loading and unloading of vehicles on the northerly aids of the building, ti?it it the 0rontor #hall ever cohatru%t n building, on the northerly aide of tho granted premieea this last mentioned easement shall to null and void. ¢. .The Grantoas shall have an easement ror location and maintenance of utility lines as roquired to serve tho granted prbmiaes, the Grantor to bays tho privilage of relonnling the name at any time i without expanse to the Grantees. E 6. The Grantees shall have an sAaamont, in -Oman with others doing buainama 1n the viainity, tar ; cuehemar parking in the area lyinx betwaan the grunted promises and Shelburne Street, hounded north erly by tho northerly lias of the granted premises extanded westerly, and southerly by the northerly sidallfle of Market Square. Grantor covenants and agreca that be will never construct any buildia on the said parking µran, er athsrviao interfere with its use for perking except that a firty (50f feat wida strip olong the easterly 11dalli4a or Sholburaa 5treat -Ay he posted as a no parking Zone to provide A right of way to the Cities Service 011 Gpmpany aorvice station. The ws• of the foraaoing aaaamenta for Sngroaa, agree*, access, parking, loading and unloading. shall be subiact to such reasonable rules and regulations for the control of traffic as the brantor, his hairs or, ae •gne, maj from tuna to tina preaarita, and to such asbrictions as have bean or may hereafter bo 3my4sad by users ar the area. The Grantor may from time to time perform necessary maintenance nor$, make necessary improvementa, provide illMmloation, clear the arna ai enoM and debr•iat scoot and remoVo sighs and curbs, enlarge or diminish the ripbts of the Grantee# and other paraona to make use or the paiking area, and adopt and carry out such other praetlosa sa shall bo bonoficlal for the purposes for which the eanenrantsare granted or reasombir necessary for the enjoyment of the Privileges by the orabtoan and othor3. Provided, Lowevar, such reserved righta shall not be exer- clsod so as to deprive the Grantaos of the benefit of the easements heroin granted. The, Grantor resarvaa far himself, his heirs and assigns, the right to relocate the existing all tank sad power lir_ea, the expense of auch relocation to ba met by Ehe person rcloeating the same. in the *vent the Grant0f, his heirs or assigns, shall on or before the 31at day of December, 1999, erect a building northhVIT of the granLad premlaea and said buildinge 1s faceted lame then twent7y-tire (2�) foot from the granted promises, than in such avant the person constrao*Ins such addltonal building shall slap, if requaatal by the OxAnrees, their beirs and Assigns, alaar the tan (lo) foot vide ri&ht or map Of utility poles and defray the reasonable and necessary expense or constructing A door on the oaat- erly end or tlia buildingg of aubatantial17 the same else, design, and quality as the lorgeet door now located on the northerly side of the building. As additional consideration for the ooaveyanee of tba granted promises, 0rohteep covenant and agree, said covanents to run with and bind the premises hereby conveyed, as follows: I. Any work to be performed to the granted premises ahall be carPied out in much a manner as to inter - fare as little As Pogsthle with other business operations in the area and the prAntsea agrso &bat they will notSYitiarfare with pr obstruct utilities during the prosecution of such 'Work. The Grantees agree that materials will not be storad at any t11M 171 the customer parking area or in any nay of ipgross and ogress, and that upon tho completion of work, the parking area and service area in the real' of GrdAteoal building shall be loft broom clean. The Grantees shall not enelese the area ho- neath the tenopy. 2. The Gr#nto*a Covariant and agree that the premises hereby conveyed shall not be uend for the Bala of food for CohsupMbi.on off the premises, If this covenant la violatad, the Grantor or Orand trpl,on Stores Incorporated of Vamont, its suecansora or asaiglut, shall be entitled to iAjune- tive or other Approprista relief for such violation. 'Nor shall the Grantees, uithout the prior written consent of the Grantor, lease any portion. or their store building for occupancy by other than a furnl%mro atora, a dry cleaner, a barber shop, a beauty salon, a national ehaln ahoy atora, drug atorb or office equipment ators or other store which is dsv*ted to tho madition of services rather than salon, except thct this provision shall not be binding upon the Grantene i( auch consent is unropponsbly withhold by the Grantor. In the event of a violation of this covenant, the Grantor or Grand Union Stores Incorporated of Vermont *bell be entitled to Injunctive or other appropriate relief. gruntoas Mill not, withou the agnsent of t{t,9_gXgT,tor,_erAit ens fxna standing Lower or other ��m, of rnr. rti r.= __,.'i'_MYw-_w- Y�_._ _ zn 1a. :in the avant any sign or o�i�Yc-iwec-sf9iS}°"Bif'S�f"O 'ti rai s s a n v o allot p this pray Sion, oitber thu Grantor, or Grand Union Stores Tneorporstad of Vermoat, may entor upon the promisee of tho Grantees and remove Said alga Provided howavar. not- withatendinG tha proviyineg oI Halo peragrapb:, the Oranteea X&T erect a alg8a of substantially the Oast- also, epyla and appearance as that which In now displayed by Gran Union Stores Incorporate& over �; 1 05/13/20000 1G:37 1,9023726905 EAUER GRAVEL INN VERO' PAGE 07/19 LAP(`--27-01 TEJ M20 Pit )ERSON WADHAMS QJINN PAR NO, 802 863 P, 04 -CONT. OF WARRANTY AS1sD THOMA$ A. i A:(R$i.L jIq s C3 1'0 IiE'fiigA}} S. THOMA3 AND MAVIS c. of Vermont an the store front or the building hereby lyo The Oranteae sgra,, to hurconveyed, co the Grantor, hie hairs, axmtutorft, adminiatratora a.7ct aasigcsa P for a }•raF:ertioratn aLai°a at of Lbo cost, or let,snow and debris removal from the parking area_ C The Graatossm share of the cast shall be aatrmiaed by 04Rltlp171n the total coat by n fral(Ctioas, the numerator of uhich shall bo the number of square rent of total flaor area in tan grahtad premisesJ0.1 and the donxirator nt winch shall be tgual to Lisa Humber of square fiat of total floor area In mth brrlldj ma ke land now Ovped by -the Orantor In da area bounded vatamly by Skiolburna Read; aw:thsrlp by market ILqutra, anaterly by a line of one thousand (1000) feet distant frog gild parallel to the eaetnrly sldClint of Shalburna Street and northerly by Eeacn Street. The Granteesr obligation =der this paragraph shall be due and payable within thirty (3D) days he the clans of each calendar ytAr, upon Submission to the 01-&ntnaa or the n thior's verifiedor atata:art satLLsg firth the coat of the Granto°gr proportianats share, The Grnntasa shall not use, nor, permit any tenant, licenses, icense• ,a other per oi_rn the to iiab the word, AGrand"�, "'Anion" or"tJ&J", a p 1 er prow.taes, operating The provisions of Chia paragraph aglsall bat abp]y tolasC■p�ishcdtce or iAl heir opsxnting at least five Other otoree with a trsdt llama lrscluding one a." the ebchain stems s NO aidawelks,for paxkinthe areas, roadwayz, moan■ of ingres■ or egress or other v mentioned words. shall bo u5pd for the sale, display or storage of merchandise or an alp OOsmfiari ar°as, Grant a i7,e Grarmtdoa� businass shall ba conducted entirely uithln the rantaa Y Other property of the 7. The raregoiag reatrlctivs eavgaanta numbered 1. throe g premaine#+ hairs, aaodutora, administratosa and aeni Bh 3. Shall bind tha Grantees, their hie hairs, executes. adrathlstrato gas, and Shall anus to the bar.fit of the Grantor, ra and aaai}se, and or Grand IInion Stores Iflearporated or An addt, its euCceasora and assiggns. unt71 the 9 ; ys Da er an sddl ti anal Porto$ of fi.itaan fl5 ) • X09, and t..1 e■�tsr tifor At oll aP Verymmont, their respective noire, X� the Groptar"�`or said aC n3o brtar�o-..per, , e-3 r administrators 9aC as Foi Inearpor- r to s., b_... -- '- o an ,,.! Q_ 4R, v ■rebr a„ — � sore ¢r as gne, on ••,,v-1 Cav0n2nt3 a4d a r ee' t t"fii ""''�" '.�: }�' `mac cicinlTy of the a turnitrra store, an g ° Via not use, er psia,3i-Ee die u3'ad as Shall 1nr%va J Property in which he. hie Leiria, exeoutOra, admisslstratars and aasigna enp tinancln& intarcat within o radius or ono rifle from the granted preaiaea. TSB , torurnit orclandialpgeor all genoralat{ome1SWniahingaeAN And aaall ahallvinacoasso yeoci.Fbmll of space a furniture or o0raplate home furnishings store. A daPeru%ent atore cuetomarlly devoting Seas dire tlyQvvaniyMpfire hundre:l (7500) square teat of door spate to the display of ]idea ti gare6ap41 4e directly oom�otaaa than sorthandise actually and C"tQMArily cold by the orantses, yr a apaCielty Shop dnotba 1 y DereagC (}sO%) of its floor space to direct? Coma Cting mesrohsodiae, shall not be included witksin the definition of the term ""1turalture Stara,.. The tars °directly aor- PrrQpatina" stall roPmr otsly to ouch maero}wrdiae as is of aubstantL111 pyryite 4a mcrahandiae eamprlslAa a significant part of aranta03, o eratAilar styling, use, and rcL•horrtrsanaec;npaLitivcich iLoemerehandiaeDO lactyand shall "QL InJsandieustome and price aantoabe comp1emuenturylude Grantees shall nat claim the boraiit of this aovanent with respect by the Grantees. sue; na aurnucr furniture which era agersly .Ymioldaflt to their y merchandise 1ine2 a store. This coYanant a}iall ba DreAo u as the eir primary, operation as a furniture and ouaigrn, except that no action atglaw or hen Grantor, hit heirs, eXecutors, ad,ainlatrataro art:lgo.saooi' the Grantor unless aucL action is Co CWty shall b° ysalnta0) d aapi134 thy antes or 2eeraC shall kxava cOassneed buaineaa an the praraiaesvaffected byythia eoV0 after Rh is ,( Apociflcniiy exclO4ad from the o grantee At by Grand Union �torca Inaerparatad a[fVermaentaarnen9 geant nie es. prm�isaa aodupled and oper- Grand Union chain. For breagh of this covenent sublease* or affiliate at the in}anctiv� rallePlZt}t Grantees shall not ba •ntltlodgt�rinnyyto1a shall be entitled to aP ropriets rwaaon of aucb broach, except that Grantees shall t• nntiti•adtQaet or consequential d:gmagee by llch d eyC" tmaa and court costa incurrnd is actually and finally telabaraacaueh fur resaonable such damage to bg paid by the poraoh whose aativs viol■tian of tale cow■east notes Stated in2zaf, 12Pm A. D. 1 • The reatriation contained in this paragraph ah■11 become anal and void en December 31, A. U. 199q, or earll,or, it •mare than 2 lber sha11 aver for a psrlod of twelvt (l2) mont¢ of �0 $reread floor apace in the anted 1,t eonaidoratlon of the Grantarsa hs be uteri for purposes other the premises 14 corm" Grad ■ 4aysnsnt rmatrlating hie Gat of his rsmthanna furniture store. offic-04 or a furnituretstoro Waal not Q46, �r permit to be used, the ranted i prsasiaaa, Graatees triatlOA placed an the Grantor said tarp turaitura storm" im hereirgrabove definedoih«except f Use of the $rented until JarnigrJ 1, 1g91; provided, houavor, this reeariotionsan the broach ar this aovennntiansthhall be void In the event of tharte death of Herssah 8. Thom", For iniunCtivo ralief, but Gratttor ®ball notof hbeGentitled to anyranteesp rIshall nd, ractaonacatled to rmaaan of such branch, oxca t thatal,PProprlata attarnafam Ytos cad adrift costa Incurredrintsctually andfinallyto re atusuem�ttfor real easonable ratirlad auth dames* to be paid by the Grantasm or Other person whoao ■diva ♦Solstian Ofthin18AL°f, neceaaitetod in�anotivu roller. the HAVE AND Gr TO HOLes, said $r■ntad pramisaa, with all the privilS sand a too ,laid Own uses. a■rman 3, ThOmaa and Mavis c. Thoa<aa, hu4band and vita to their owri use add bahaof forever; pPnrtehancea thsi-•of, to m7 hoira, ozgcutara end almazaiatratoraand 1; theq,said vGra to " 'help he]ra =4 aaei�i � haiis C. Thome,. avatars and wit•, Qt2,theihairs raptor, Thomas A. Parreli, tar myself and rcaont9 1 om the sole ovndr a said crantaas, 1Iarmaan S. Thomas and of tisO Sri aveigoo that urgtil Liss ensaaling of these n euaerrer AFareaaid reen1F�•Evnd have goad resist and t s h to n noty, the aama and Excapt for ■ lamastoconeralaHot-. nc umbranee rscor�dsd in Voluams aeeeptarsca CarparatioA,Edated Aprllrlith,al9 torah, bsr,.by ea$oge to war aatoAnd2lfefend the South sO'1ingtca Land (NlaesllaneousI Rmeorda, And I Said, aamaageiast all !,awful Claim, Uhataeavor r IN WITNMS klil:REpp, I horeudta ,gt + ®opt a� afors- Te fraaanca oft My rind eau seal this 2$th day of January. 19b0. Ors• 1S. Fags f. E. Shaw, Jr. Thomas A. Farrell SCSI state or Vermont Chittenden Courty SS At euriin t on Thom" A, t•arrell and he acknowleddaq Shia 28th day of January, 1960, xaradrell �. tree act and doss, trument, by h4^Sea'" and subscribad J o be is Defort sea, Guy N. F e , to Do his Hdcal vad for record J Notary Fubl -.� . assua 29. 1960 at g • _.._. ,._._ .13 05/13/2008 16:37 18023726905 BAUER GRAVEL NO HEPO PAGE 08/19 QUIT +CLUM DEED KNOW ALL MEN BY THESE PMENTS, That DAVID M. FARRELL and STEWART IL McCOX,AU GHY, Trustees u/t/a dated March 4,1977, as amended, Thomas A. Farrell, Donor, FARREU .T, & MORRIS SEY IDEV FL0PMF.PiT COMPA W, INC_, a Vermont corporation with a place ofbusinew in South Burlington, County of Chittenden and State of Vermont, and FARRELL CORPORATION, a Verrnontcorporation with aplaceofbusiness in South Burlington, CourriyefChittenden and State ofVermont ("Grantors"), in the consideration of Ten and More Dollars received to their full satisfaction from HERMAN S. THOMAS and MAVIS C. 'I'ICfOMAS, as Trustees of the Mavis C. Thomas Family Trust u/t/a dated March 13, 1991, and as Trustees of the Herman S. Thomas Family Tnist u/t/a dated March 13, 1991(referred to herein as the "Thomas Trustees" and/orthe "Grantees"), have REMISED} RELEASED, AND FOREVER QQUITCLAEgED unto the said Grantees, athd their successor's and assigns forcver, certain rights, interests and easements in, over and across lands and premises in the City of South Burlington, County of Chittenden and state of Vermont, and generally descrijbed as follows (collectively the "Farrell Property"): first Piece Being apareel of land with appurtenances thereto and improvements thereon situated on the easterly side of Shelburne Road in the City of South Burlington, Ver moM and being generally as described in a Deed of Thomas A. Farrell to. David M. Farrell and Stewart H. McConaughy, Trustees uft/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor, which Deed is dated April 12, 1992 and recorded in Volume 322 at Pages 315-319 of the South Burlington Land Records_ The First )Piece is bounded generally as follows: on the north by the southerly line of lands now or formerly of David M. Farrell, Trustee, by the southerly line ofHadley Road, by the southerly lines of certain residential'Jots situated on the southerly line of Hadley Road, by the southerly line of lands now or formerly of W_ Wolfe and by the northerly line of Bacon Street, so-called, partly by each; westerly by the easterly line of lands now or formerly of F. & J. Kochman, by the easterly litre of lands now or formerly of W. Wolfe, by the easterly lime of Shelburne Road and by the easterly line of the Second Piece, partly by each; southerly by the southerly line of O'Dell Parkway, so-called; and easterly by the westerly line of Farrell Street, by the westerly line of lands now or formerly of David M. Farrell, Trustee, by thewesterly line of la nds now or formerlyof Burlington indoor Tennis Center, Inc., and by the westerly line of lands now or formerly of E. and K. Johnson, partly by each. Said First Piece is also generally shown and depicted as land of "David M. Farrell and Stewart H. McConaughy Trustees" on a plan captioned "Plat of Boundary Sul-vey Properties To Be Inchxkd In And Adjacent To O'Dell Parkway PUD" dated June, 2000 and of record in the City of Soutb Burlington Land Records in Map Volume 480 at Page 79. Grantors specifically disclaim any representation or warmty as to metes and bounds set forth in said Deed ofThomas A. Farrell dated April 12,1992 or courses and distances set forth on said plan. Second Piece Being a parcel of land with appurtenances thereto and improvements thereon situated on the easterly side of Shelburne Road in the City of South Burlington, Vermont, and generally described in a deed olMoxnas A. Farrell to Farrell Corporation dated November 8, 1961 and recorded in Volume 61 at Page 92 of the City of South Burlington Land Records. The Second Piece is bounded generally as 05/ 13/ 2008 16: 37 180237 6305 BAIUIER GRAVEL NO HERO PAGE 09f 19 follows. on the north by the First Piece, by the southerly line of Bacon Street, by lands now or faimerly of A. and R. Reyes, and by lands now or formerly of Champlain Oil Co., inc., partly by each, on the west by lands now or formerly of A- and R_ Reyes, by lands now or formerly of Champlain Oil Co_, Inc., and by the easterly line of Shelburne head, partly by each; on the south by the riortherly line of O'Dell Parkway; and on thecasst by theFirst Piece; subject totheex+clusion from the Second Piece of those lands and premises dcseril i in the Farrell to Thomas Deed as defined below. Said Second Piece is also generally shown and depicted as land of"Darrell Corporation" as set forth on the above-refemoced plan captioned "flat of Boundary Survey Properties To Be Included In And Adjacent To O'Dell Parkway PUD" dated June, 2001E and of record in the City of South Burlington Land Records in i'Y+iap Volume 490 at page 79. Grantors specifically disclaim any representation or warranty as to metes and bounds set forth on said plan. Said rights, interests and easements' granted hereby consist of the following: I. An easement for overhang of the canopy and cornices on the building (the "Thous Building") located on those lands and premises conveyed to 1. roman S. Thomas and Mavis C. Thomas by Warranty Deed of Thortias A. Farrell dated January 28, 1%0 and recorded are Volume, 50 at Pages 48I -4 82 of the City of South Burliniton Land Records (the "Farrell to Thomas lid;" said lands and premises are sometimes hereinafter referred to as the "Thomas Trust Real Estate"), and for the location of an oil tank serving the Thomas Building, in each case as existing as ofthe date ofthe Farrell to Thomas Deed, and for any replacements thereof of sub,5tantially the same size and location. 2. An easement for access fbr washing of windows, servicing, repair, maintenance, construction and reconstruction, and for light and air, not less than five (5) feet in width around the entire perimeter of the Thomas Building, 3. The exclusive right to park vehicles, or to prohibit the parking of vehicles, and to load and unload vehicles in an area twenty-five (25) feet in width extending along the entire easterly wail of the Thornas Building and also in the area lying between the southerly wall of the Thomas Building aced the northerly sideline of"Farrel l StroetFxtension" depicted as 54Farrell Street At 1.996 Acres" on a plan captioned "Final Plat O'Dell Parkway P[3D, South Burlington Vermont!'byCivil Enonewing Asx x iates, Inca dated July, 2000, revised 1.2/5101, a copy of said plan being recorded in Map Velurne 495 at Page 93 (the °`Final Plat"). The Grantors covenant, for themselves and their respective successors and assigns, that the exclusive parking rights of the Thomas Trustees and their successors and assigns in those areas ofthe Farrell Property located easterly and southerly ofthe Thomas Trust Real Estate shall be free from use by the owners and occupants of the Restaurant Building, (as said building is defined in Paragraph 13, below) and the WVNY Building (as said building is defined in Paragraph 11, below).. 4_ An easement for lkx ation and maintenance of utility lines as required to serve the Thomas `1'rr:5t Real Estate, the Grantors to have the privilege of relocating the same at any time without expense to the Grantees_ ! 05/13/2008 16:37 18023726905 BAUER GRAVEL NO HERO PAGE 10/19 A right-of-way and easement to be used in common with all others now or hereafter having rights therein, over and across a strip of land having a width varying from 60 feetto 1 GR.7R feet, commencing at a location on a westerly boundary line ofthe land of l" arrell Corporation (the "Send Piece" referred to above), said boundary line also being thic easterly sideline of Shelburne Road, so-called, thence proceeding in a general easterly direction to a location on an easterly boundary line of the land of David M. Farrell and Stewart H. McC:onaughy, Trustees (the "First Piece" referred to above), said boundary line also being in the westerly sideline of Farrell Street_ The location of said right of way is depicted as "Farrell Street f 1.996 Acres" on the Final Plat. Said casement and right-of-way shall be utilized for the benefit of the Thomas Trust Deal Estate for pedestrian and vehicular ingress and egress by the Thomas Trustees and their successors and assigns, including their respective customers and suppliers, from and to Shelburne Road and Farrell Street. The Grantors reserve for themselves and their respective successors and assigns the right to enter upon the land subject to the said easement and right-of-way granted in this Paragraphs 5, forthe purpose of: (s) installing, repairing, maintaining, inspecting, removing and replacing any utility lines and stormwater drainage lines and appurtenances thereto; and (ii) construing, installing, rtpai.rintg, maintaining, inspecting, removing and replacing aroadway or any component thereof and appurtenances to said roadway, including but not limited to traffic control devices and traffic signage. The Grantors, and their respective successors and assigns, shall have the right to matte all use ofthe land subjeetto said right-of-way and easement granted in this Paragraph 5 as shall not be inconsistent with the use of the some by the Grantees and their successors and assigns. The Grantors, for themselves and their respective successors and assigns, specifically reservc from the conveyance of said right-of-way and easement granted in this Paragraph 5 the right to relocate from timetotime arty portion ofsaid right-of-way and easementwhieh does not constitute the westerly phase thereof. The "westerly phase" of said right -of way and easement is defined as that portion thereof which commences at the intersection of easterly line of Shelburne Road and thence proceeds southeasterly and ewlerly to a line extending across the width of said right-of-way and easement at a Southerly extension ofthe casterly boundary of the Thomas Trust Real Estate as depicted on the Final Plat Said right-of-way and easement granted in this Paragraph 5 is further conveyed subject to an Offer of Dedication from the Grantors and others to the City of South Burlington dated February �, 2002 and to be recorded in said Land Records. All right, title and interest of the Grantees in and to such easement and right-of-way described in this Paragraph 5 shall terminate upon the City of South Burlington's acceptance of the aforementioned Offer of Dedication (notwithstanding the %regoing, the right ofthe Grantees and their succes_ om and assigns to use the curb cuts reftrrtd to in Paragraph 7, below, shall survive any acctptaru.e of said Offer of Dedication, as set forth in Paragraph 7, below). -3- 05/13/2008 16:37 18023726905 BAUER GRAVEL NC HEPO PAGE 11/19 6, An easement and right -of. -way; in common with other,-,, over and across, those portions ofthe Farrell Property which from titre to time are intended or designated for vehicular use, for the purpose ofproviding vehicular access to the Farrell Street Extension easement and right-of- way described above (or to such public street if such Offer ofDedication is accepted), from the Thomas Trust Real Estate and from all parking areas which are appurtenant thereto. The Grantors, for themselves and their respective successors and assigns, reserve the right to change, relocate and otherwise redesignate. the above -described casement and right--of- way granted in this Paragraph 6 for vehicular access upon notice to the Thomas Trustees and their successors acid assigns. 7. An easement and right of way over four curb cuts reserved by the Grantors in the Offer of Dedication to the City of South Burlington off'arrell Street Extension, and to be reserved by the Grantors in any deed to the City of South Burlington to be delivered pursuant to such Offer'of Dedication,, which curb cuts are to be constructed in the northerly side of Farrell Street Extension, said curb cuts being more particularly depicted on a plat captioned "O'Dell Parkway PUD Farrell Street, South Burlington, Vermont Northwest Grading + Drainage Plan," drawing number C-4 prepared by Civil Engineering Associates, Inc. dated 11/19/99, last revised 12/17/01, said piat recorded on December 21, 2001 in Map "Volume 495 at Page 95 of said Land Records (hereafter "Grading + Drainage Man"), and being the four westerly -most curb cuts as depicted on said ("wading + Drainage Plan. 8. An casement and right-of-way for vehicular traffic, in common with others, upon, over and across a strip of land having a uniform width of thirty-three (33) feet, the westerly sideline ofsaid strip ofland commencing at a point located on the northerly sideline ofEarreil Street Extension, which point of commencement is situated twenty-five (25) feet easterly of a second point also located in the northerly sideline of said Farrell Street Extension, which second point marks the southerly terminus of a southerly extension ofthe easterly boundary line ofthe Thomas Trust Real Estate, thence proceeding northerly in a line running parallel to and twenty-five (25) feet easterly of said easterly boundary line ofthe Thomas Trust Real Estatc to a point which is located in a line which is the easterly extension ofthe northerly boundary line of said Thomas Trust Real Estate; and which point is located twenty-fsve (25) feet easterly from that point marking the northeasterly corner of the T1lomas Trust Real Estate. The easterly sideline of said strip of land runs parallel to and easterly ofthe above - described westerly sideline at a uniform distance of thirty-three (33) feet. The Grantors covenant, for themselves and their respective successors and assigns, that the above - described thirty-three (33) foot wide strip of land shall be maintained free from obstructions (including parked vehicles) at all times when any such obstruction would adversely aff xi the use and enjoyment of the rights herein granted for the benefit of the Thomas Trust Real Estarte. An exclusive easement forpatking, loading and unioadirigofvehicies benefiningthe'rbo mas Trust Real Estate over and upon a strip of land having a uniform width often (10) feet running adjacent and parallel to the entire length of the northerly boundary ofthe Thomas Trust Real Estate, together with an easement for vehicular traffic, in commcm with others, upon, over and across a hventy-four (24) foot wide strip of land immediately northerly of, adjacent and parallel to said ten (10) foot wide parking and loading easement referred to in -4- 05/13/2008 16:37 18023726905 BAUER GRAVEL NO HERO 6 PAGE 12/19 10 the immediately preceding clause ofthis Paragraph 9, to allow vehicular access froze and to the Wcsterly Parking Area described below. An exclusive easement for parking beneftting the Thomas Trust Real Estate in that area depicted on the Grading +DrainagePlan asbeinglocatedwesterlyoftheThM- as Trust Real Estate, northerly of the northerly sideline ofFarrell Street Extension, southerly of land now or formerly of Champlain Oil CO., Inc., and easterly of Shelburne Road (said parking area is hereafter referred to as the "Westerly Parking Areal. As depicted on said plan, there are forty-one (41) parking spaces in the westerly Parking Arm ent is at all tunes subsect to the right of Chamnlain Oil CA Inc to southerly sideline ed rly he 11. The right to use for benefit of the Thomas Trust Real Estate an additional twenty-six (26) parking spaces (the ".Additional Parking) within a parking area which shall be initially located easterly of the Thomas 'Trust Real Estate -arid southerly of the building presently situated on the Farrell Property and currently occupied by television station 'WWNY (the "'WWY Building"), the specific location of said parking area to be designated by written notice from the Grantors to the Thomas Trustees (said parking area is hereafter referred to as the "Easterly Parking Area"). The Grantors hereby reserve for themselves and their successors and assigns the unilateral right to: (i) designate the location of the Additional Larking to another parking area on the Farrell Property located northerly of the "Thomas Trust Real Estate and westerly of the WVNY Building, the specific location orsaid parking area to be designated in a notice from the Grantors to the Thomas Trustees (said parking area is hereafter referred to as the "Northerly Parking Area" ; (ii) the unilateral right to redesignate from time to time, in whole or in part, the location of the Additional Parking between the Easterly Parking Area and the Northerly Larking Area, provided any such redesignation shall be effective only upon fourteen. (14) days' prior notice thereof from the Grantors to the Thomas Trustees; and (iii) the unilateral right to snake reasonable rules and regulations regarding the use of the Easterly Parking Area and the Northerly Parking Area, The Additional Larking at all tithes shall be located not more than two hundred (200) feet from the Thomas Trust Real Estate_ The Additional Parking represents the right to use an aggregate of twenty-six (26) parking spaces within one or more of the designated parking areas, but there is no right to use specifically -designated spaces within said parking areas. The Thomas Trustees, and their successors and assigns, shall not be charged any fees for the Additional Parking, but by acceptance of this Deed the Thomas Trustees covenant, for themselves and their respective m=essors and assigns, that as a condition of their right to use and enjoy the Additional Parking, they will be responsible for, and agree to pay, their pro rata share of the cost of snow removal, sanding; salting, striping, cleaning, clearing, maintaining, illuminating, landscapingand rcpavingthcpa&jngfields on the Farrell Property_ 12. An easement and right-of-way to store snow removed from the Thomas Trust Real Estate and from those parking areas appurtenant to said real estate on which the Thomas Trust -5- 05/13/2008 16:37 18023726905 BALER GRAVEL ND PERO PAGE 13/19 Real Estate enjoys appurtenant exclusive parking rights, to an area on the Farrell noperty to be designated by the Grantors by notice to the "Thomas Trustees. Said snow storage easement shall include a right of reasonable access over unimproved areas of the Farrell Property to access the designated snow storage area, reserving always to the Grantors and . their respective successors and assigns the right to redesignate upon fourteen (14) days' prior notice to the Thomas Trustees the location of the snow storage area within the Farrel l property and further subject to the reserved right of the Grantors and their respective successors and assigns to terminate the snow storage easement upon fourteen (14) days' prior notice to the Thomas Trustees or their successors or assigns. If the snow storage easement is so terminated, then the Thomas Trustees, and their successors and assigns; shalt have the right to have the Grantors remove such snow from all parking areas where the Thomas Trustees or their successors or assigns have appurtenant exclusive parking rights and to salt and sand therm as appropriate, provided the Thomas Trustees, or their successors and assigns, give the Grantors written ;notice of the exercise of such right and further provided theThornas Trustees and their successors and assigns shall reimburse the Grantors and their respective successors and assigns for the expense incurred in so removing and disposin g ofthe snow and the application ofsalt and sand, said expense being determined by multiplying: (i) the expenses incurred by the Grantors for removing and disposing of snow and applying salt and sand from all parking areas where the Grantors remove and dispose of snow and apply salt and sand, by (ii) a fraction having a numerator equal to (a) the number of exclusive parking spaces appurtenant to the Thomas Trust Real Estate and having a denominator equal to (b) the total number of parking spaces in all of the parking areas and parking fields so served by the Grantors. Notwithstanding anything in the foregoing, on written notice from the Thomas Trustees, or their respective successors and assigns, any association of property owners which subsequent to the execution of this Deed becomes responsible for the maintenance of the parking Fields or parking areas located on the Farrell Property will, ifso requested by the Thomas Trustees, arrange to have the entity responsible for snow removal from such parking fields or areas, and the salting and sanding of same, provide the same service to the Thomas Trustees or their successors or assigns for the parking fields and areas serving the Thomas Trust Real Estate, at the same rates charged to the association. 13_ The Grading f Draining Plan depicts a proposed mixed -use building located on the Farrell Property and situated easterly of the Thomas Trust Real Estate (designated on said plan as "Ben Franklin- Existing Building With Adjacent Parking Retail/Warehouse l and southerly of the 1NVNY building, said mixed -use building is depicted on said plan as having office, retail and restaurant uses (said mixed -use building is hereafter referred to as the "Restaurant Building'). The Grantors, for themselves and their respective successors and assigns, hereby covenant that any portion of the Restaurant Building located westerly of the line depicted on the Grading t Drainage flan as "westerly edge of restaurant" shall not be occupied for use as a restaurant without fast procuring the written consent to such occupancy from the Thomas Trustees and their respective successors and assigns, but only to the extent their interest in the Thomas Trust Real Estate as evidenced by an instrument recorded in said Land Records, said consent not be unreasonably withheld or delayed. A restaurant use for the purposes of this paragraph is any use requiring receipt of a Food Service Establishment License from the State of Vermont. Said covenant is to be construed -6- 05/13/2008 16:37 18023726905 BAUER GRAVEL NO HERO PAGE 14/19 as a covenant real benefitting the Thor-nas Trust Real Estatc and running with the title to said real estate. The use ofthe foregoing easements for ingress, egress, access, parking, loading and unloading shall be subject to such reasonable rules and regulations for control of traffic as the Grantors,.their respective successors or assigns, may from time to time prescribe, and to such restrictions as have been or may hereafter be imposed by users of the arcs. The Grantors and their respective successors and assigns may from time to time perform necessary maintenance and remove signs and curbs, enlarge or diminish the rights of the Grantees and other persons to make use of the parking areas (provided, however, that in no event wil l the number of parking spaces on the Farrell Property available for the benefit ofthe Thomas Building be reduced to less than the total number of parking spaces provided for the benefit of the Thomas Building by this Deed, and in. no event will the Grantors and their successors and assigns have the right to grant to others rights to park vehicles in the parking areas over which the Thomas Trustees and their successors and assigns have exclusive parking rights as provided herein), and adopt 'and carry out such other practices as shall be beneficial for the purposes of which the easements are granted or reasonably necessary for the enjoyment of the privileges by the Grantees and others; provided, however, such reserved rights shall not be exercised so as to deprive the Grantees and their successors or assigns of the benefit of the easements herein granted. The Grantors reserve, for themselves and their respective successors and assigns, the right to relocate the existing oil tank and power lines, the expense of such relocation to be met by the person relocating the same. . As additional consideration for the conveyance of the foregoing rights and easements, Grantees covenant and agrtc, said covenants to run with and bind the premises hereby conveyed, as follows: No sidewalks, parking areas, roadways, means of ingress or egress or other common areas, shall be used for the sale, display or storage of merchandise or any other pmperty of Grantees. The Grantees' business shall be conducted entirely within the granted premises. By acceptance ofthis Deed, the Grantees acknowledge and agree; (i) except to the extent otherwise specifically provided herein, Grantors and their successors and assigns shall have no duty to repair, maintain, improve, clean, clear or illuminate any area; or property subject to all or airy of said easements and rights -of -way; (i i) Grantees and their successors and assigns shall indemnify Grantors and their successors and assigns from any loss, cost, damage, claim or expense by any invitee, agent or employee of Grantees on any area in which Grantees have been granted exclusive rights hereunder and on account of ingress to or egress from any such areas,, and shall provide evidence of satisfactory liability insurance protecting against such claims as and when reasonably so requested by Grantors and their successors and assigns; and (iii) so far as applicable and except as and to the extent otherwise expressly provided in this Deed, the decision of the Vermont superior Court in Hennan S. 7%omas andMavir C. Thomcar u_ Thomas Farrell, 153 Vt. 12 (1989), shall continue to control the interpretation of the respective rights and responsibilities of the parties. Except as otherwise set forth above, the restrictions of the Farrell to Thomas Dccd, and reserved for the benefit of Thomas A. Farrell and his successors and assigns (David M. Farrell and Stewart 14. McConaughy, Trustees uIt/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor have succeeded thereto) are to the extent of such reservation and benefit hereby released and extinguished, including in particular but not by way of limitation the prov isions ofthe first paragraph -7- 05/13/2008 16:37 18023726905 BAUER GRASEL NO HERO PAGE 15/19 ofparagraph 2 ofthe restrictive covenants contained in such Farrell to Thomas Deed, which provide as follows: "The Grantees covenant and agree that the premises herelyy conveyM shall not be used for the sale of food for consumption off the premises. If this covenant is violated, the Grantor or Grand Union Stores Incorporated of Vermont, its successorsor assigns, shall be entitled to injunctive or other appropriate relief for such violation." Reference is hereby made to the ,above -mentioned instruments, the records thereof, the references therein made, and their respective records and references in further aid of this description.. TO HAVE AND TO HOLD all right and title in and to said quitclaimed premises, with the appurtenances thereof, to the said Grantees, and their successors and assigns, forever_ AND FURTHERMORE, the said Grantors, do for themselves and heirs, successors and assigns, covenant with the said Grantees, their successors and assigns, that from and after the enscaling of these presents the said Grantors will have and claim no right in or to the said quitclaimed premises. Farrell & Morrissey Development Company, Inc. executes this Deed solelyto quitclaim any interest it may have in the rights, interests and easements conveyed herein by virtue of an Option Agreement by and between David M. Farrell and Stewart H. McConaughy, Trustees u/t/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor; David M. Farrell; Farrell Corporation; and Daniel D. Morrissey, which Option Agreement is memorialized by an instrument captioned "Memorandum ofaption to Purchase Real Estate" executed on February 19, 1999, March 24, 1999 and March 26, 1999 and recorded in Volume 459, Pages 23-26 of the City of South. Burlington Land Records. Wright/Morrissey Fealty Corporation succeeded to Daniel B. Morrissey's rights and obligations in said Option Agreement and Memorandum by virtue of an assignment from Daniel B. Morrissey to Wright/Morrissey Realty Corporation having an effective date of June 30, 1999, a Memorandum of such assignment recorded on December 28, 2001 in Volume 534, Pagc 1 of said Land Records. Farrell & Morrissey Development Company, Inc. succeeded to Wright/Morrissey Realty Corporation's rights and obligations by virtue of Wright/Morrissey Realty Corporation's assignment of its rights and delegation of its obli gations arising under said Option Agreement and Memorandum tofarrell & Morrissey Development Company, Inc, having an effective date of December 31, 2001, a memorandum of such assignment to be recorded in said Land Records_ IN WITNESS WHEREOF, the Grantors, as evidenced by the signatures of their duty authorized agents, do hereby execute this document as of the day ofG c , 2002. IN PRESENCE OF: � R ` Witnesd--� V 1� f `'�W fitness — -8- DAVID M. FARRELL and S'ITEWART H. McCONAL1GHX, Trustees u/Va dated March 4. 1977, as amended, Thomas A. Farrell, .Donor David M. Farce T costae ley_ Stewart H. McConaugh Tr-i 05/13/2008 19:37 18023 72F.905 BRAi�IER. GRAVEL NO HERO PAGE 16t 19 FARRELL & MORRISSEY DEVELOPMENT COMPANY, INC_ FARRELL CORPORAnON t 1911 ! 11111131! STATE OF VERMONT COUNTY OF CHTI MNDEN, SS. On this 1 day of 4f brLQjM. 2002, personally appeared D.A,VID M. FARRELL, Trustee u/r/a dated March 4, 1977, as arnende , homas A. Farrell, Donor, to me known to be the person who executed the foregoing instrumcm, and he acknowledged this instrument, by him signed, to be his free act and deed individually and in his legal capacity as Trustee uh/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor. Before me,~�'3 Notary Public 4 Notary commission issued in Chittenden County My commission expires: 2/10/03 STATE OF VERMONI" COUNTY OF CH1TT"ENDEN, SS. On this day Of k[�_} 2002, personally appeared STEWART FL McCONAUGHY, Trustee u, t/a dated March 4,107 as arnendedjlhoxnas A. Farrell, Donor, to me known to be the perwn who executed the foregoing instrument, and he acknowledged this instrument, by him signed, to be his free act and deed individually and in his legal capacity as Trustee u/tla dated March 4, 1977, as amended, Thomas A. Farrell, Donor. My commission expires: 2110/03 -9- 05/13/2008 16:37 18023726905 BAUER GRAVEL NO HERO PAGE 17/19 F STATE OF 'VERMON`f' COON r Y OF CWFFNI DEN, SS_ On this Elk- day of . 2002, personally appeared f"P� Duty Authorized Agent of FA RM"LL & RRiSSEY DEVELOPMENT COMPANy, INC, to nae known to be the Person who executed the foregoing instrument. and he acknowledged this instrument, by him sign«!, to be his flee act and deed and the free act and deed of JF4'ARRELL & MORMSSEY DEVELOPMENT COMPANY, INC. Before roe, Notary Public Notary commission issucd in Chittenden County My commission expires: 2110/03 STATE OF VERMONT COU74TY OF CHUMNDEN, SS. On this l i� day of��A),2002, personally apgcwcd t -�( I1uly Authorized Agent ofFAR�2ELL CO ORA TIOAfi, to me known to be the person who executed the foregoing instrument, and he acknowledged this instrument, by him signed, to be his Free act and deed and the free act and deed of FARRELL CORPORATION_ l3eforc anc, Notary Public Notary commission issued in Chittenden County hriy Wmnzission expires: 2110103 �a�n�:c�«.o�rsaiase�kcwrorseaw - l0 - L, m CM LD f*} m CO e•i M1� M N Lo CD Co N M H Il l 1sa 1 �N r F 7 Q Yi I --- Iy■ 4LL b sl Y - LAL_l � Wnla -yl iVLwIM1,41Y .. Kew.,` ��y\ \� °1I ro ` � ry t6V R 1N'b t11bM1W 1_k ��P••• at4utr`i-�cMleyr i YA9eV LOT 1 Y I ' 11 1 1- .- "� / 141hS NYIr IIL6i. 1.1 b�. � ; r qN o. L e.lfl rats bbb ; �k bAL• psw r wwr ra. w N, i� f�f 1 PNUdLL 6T1vs7' {l.Pw NwL t1fY,tp ` CGIIl011 U µ bPJIY pCl's6 II,II n 1 JI l 1 ill I 711 I 7MMf I 1 1 --- EUPLIMO M INDW FENNO CFM A. fes, L9T B 2mxm in wL W. 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Lang, Jr.* Secretary of the South Burlington Development Review Board 575 Dorset Street South Burlington, VT 05403 Re: Notice of Appeal Appellant/Applicant: Property Owner: Property Address: Tax Parcel #: Approvals & Permits: Dear Sir or Madam: Parker & Lang Attorneys at Law 40 College Street - Suite 100 P.O. Box 607 Burlington, Vermont 05402-0607 (802) 863-5538 Fax (802) 864-7779 www.vtlawoffices.com bag.burlington@verizon.net March 3, 2009 518 Corp. d/b/a Creative Habitat Thomas and Mavis Thomas, Trustees 514 Farrell Street, So. Burlington, VT 0670-00514 DRB Approval #SD-07-48, SD-07-49 Permit #ZP-08-030, ZP-08-132 Alan A. Bjerke" Susan R. Buchanan Jonathan M Stebbins Timothy D. King t *Also admitted in NY & F'I, "Also admitted in NII "Also admitted in CT I am attaching for filing with the Development Review Board a Notice of Appeal/ Application for the Development Review Board of the action taken by Raymond J. Belair by his letter dated February 23, 2009. A check in the amount of $111 in payment of this filing fee is also attached. Thank you for your attention to this matter. Sincerely, BAUER, GRAVEL, FARNHAM, NUOVO, PAR ER & LANfIG C'4 JPB/mld J eph P. Bauer, Esq. Enclosures CC: Michael Dowling Amanda Lafferty, Esq. Raymond J. Belair, Administrative Officer COLCHESTER: 567 Main Street • P.O. Box 123 • Colchester, VT 05446 NORTH HERO: 10 Northland Lane • P.O. Box 33 • North Hero, VT 05474 (802) 879-6323 • Fax (802) 879-7045 • Email: jrontdesk@vtlawo ices. com (802) 372-6904 -Fax (802) 372-6905 •Email.jbauer@vtlawoffices.com MONTPELIER: 29 Main Street - Suite 8 • Montpelier, VT 05602 (802) 229-2000 • (By Appointment Only) NOTICE OF APPEAL HERMAN S. THOMAS and MAVIS C. THOMAS, TRUSTEES and 518 CORP. d/b/a CREATIVE HABITAT Appel lant/Applicant DRB Approvals: #SD-07-48, SD-07-49 Permits: #ZP-08-030, ZP-08-132 APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): (X ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation ( ) Request for a conditional use ( ) Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): 17.04(A)&(B) Expiration of PPrmitg and Annrovals 11 WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING See Attached Memo of Appellant/Applicant 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone & fax #): Herman S. Thomas and Mavis C. Thomas, Trustees of the Herman S. Thomas Family Trust c/o Michael Dowling, 514 Farrell Street, So. Burlington, VT 05403, Phone #862-0646, Fax # (�-9 "-7 2) LOCATION OF LAST RECORDED DEED (book & page #) Vol. 50, page 481; Vol. 318, pages 85-86 and Vol. 540 pages 457-466 3) APPLICANT (name, mailing address, phone and fax #) 518 Corp. d/b/a Creative Habitat, c/o Michael Do 11 9 514 Farrell Street, So. Burlington, VT 05403; phone #862-0646, fax # �-,— o;xi 7 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): Michael Dowling, 514 Farrell Street, So. Burlington, VT 05403 Phone #862-0646, Fax # 5) PROJECT STREET ADDRESS: 514 Farrell Street, So. Burlington 6) TAX PARCEL ID #: 0670-00514 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): Commercial, retail and office B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): Retail -variety with drive -through and retail services C. Total building square footage on property (proposed buildings & existing building to remain): 29,749 sq. feet D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): Two-story brick, metal panel.tucco structure, steal; 181 ' x 110' building E. Number of residential Units (if applicable, new units & existing units to remain): N/A F. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): N/A G. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): N/A 8) LOT COVERAGE A. Total parcel size B. Buildings: Existing _ Proposed 18,426 Sq. Ft. 100 % / 18,426 100 % / 18,426 S q. Ft Sq. F t. C. Overall impervious coverage (building, parking, outside storage, etc) Existing 100 % / 18,426 S q. Ft. Proposed 100 % / 18,426 S q. Ft. D. Total area to be disturbed during construction: Sq. Ft. * * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ 183,000.00 B.Landscaping $ undetermined C. Other site improvements (please list with cost): undetermined 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and out): See attached report of CHA dated 6/5/07 B. A. M. Peak hour for entire property (in and out): See report C. P.M. Peak hour for entire property (in and out): See report 11) PEAK HOURS OF OPERATION See report 12) PEAK DAYS OF OPERATION See report 13) ESTIMATED PROJECT COMPLETION DATE See report 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. 518 Corp. d/b/a Creative Habitat By:c SIGNATURE OF APPLICANT Michael Dowling Duly Aut orized Agent Herman & Mavis Thommass, Trustees �.J SIGNATURE OF PROP Y OWNER Michael Dowling, Duly Authorized Agent Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be: ❑ COMPLETE ❑ Incomplete Director of Planning & Zoning or Designee Date APPELLANTS/APPLICANTS SUPPLEMENTAL MEMO IN SUPPORT OF ITS NOTICE OF APPEAL HERMAN S. THOMAS and DRB Approvals: #SD-07-48, SD-07-49 MAVIS C. THOMAS, TRUSTEES Permits: #ZP-08-030, ZP-08-132 and 518 CORP. d/b/a CREATIVE HABITAT Appellant/Applicant Notice of termination of permits and approvals issued on the basis that construction had not commenced. See Raymond J. Belair's attached letter dated February 23, 2009. The Appel la nt/Appl icant states that it will produce evidence that there is more than a reasonable amount of objective evidence of its intent to pursue the furtherance of the project for which the approvals and permits were issued. OULOULVL'i/ LIII(; I IV.LL.IL VG ._ I l:�Vu I /I OWN southburfington PLANNING & ZONING February 23, 2009 Thomas Family Trust et aI Attn: Michael Dowling 514 Farrell Street South Burlington, VT 05403 Re: 514 Farrell Street Please be advised that 1 have determined that the approval for the above -referenced property for the conversion of 2,222 square feet of retail store to a drive -through facility by decision dated September 18, 2007, and Zoning Permit No. ZP-08-030 expired on August 6, 2008, pursuant to Section 17.04 of the South Burlington Land Development Regulations. You have not commenced construction of the above -described project and no extension has ever been requested or granted pursuant to Section 17.04(B) Sincerely C Raymond J. Belair Administrative Officer Please note: Pursuant to 24 VtS.A. section 4465(a), an interested person may appeal this decision by filing a Notice of Appeal and the $111 filing fee with the secretary of the Development Review Board within 15 days of the date of this decision. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fix 802.846,4101 WWW.Sb Ur1.C'0M +CLOUGH HARBOUR & ASSOCIATES LLA June 5, 2007 Mr. Jim Carrol Creative Habitat 514 Farrell Street South Burlington, Vermont 05403 RE: Ben Franklin Store Traffic Operations Review South Burlington, VT CHA Job No.:13200 Dear Mr. Carrol: We have reviewed the internal circulation patterns for the Ben Franklin Store in South Burlington, VT as it relates to the operation of a proposed drive thru. When considering drive thru operation it is important to note the amount of traffic generated by the store and the percentage of traffic that would likely use the drive thru. There is no drive thru traffic information for an arts and crafts store such as a Ben Franklin have not been studied with drive t� operations. Therefore, we have chosen the closestince these stores mercantile use (a pharmacy) where there is significant information available for the use of a drive thru and that would present a conservative analysis to ensure the design of the drive thr-u facility is appropriate and does not cause internal site circulation issues. To estimate the amount of usage of a drive thru, one must determine the amount of traffic generated by the land use during its times of peak operation. To determine the amount of traffic generated by a given land use, the ITT Trip Generation Manual 2" Edition was used. Table 1 presents the estimated amount of traffic entering a site for an arts and crafts store and a pharmacy for the weekday AM and PM peak hours of operation and the Saturday peak hour of operation. Table 1 Trip Generation Amount of Traffic Entering Peak Hours of Operation Laud Use - AM Peak PM Peak Sat, Peak Phanrzaey 56 69 :57 Arts & Craf s,,. ore 33 SI N/A As Table 1 shows, a pharmacy would generate more traffic then a Ben Franklin store (considered arts and crafts store) during the weekday AM and PM peak hours of operation. There is no information available for the Saturday peak hour for an arts and crafts store; however, based on the weekday data, it is likely that a pharmacy would generate more traffic. The amount of traffic generated by each use is based on a building size of 14,500 square feet. "Satisfying Our Clients with 441 South Salina Street, Syracuse, NY 13202-4712 Dedicateyd PeOpie Committed to Total Quality" I T 315.471.3920 o F 315.471.3569 * www.cioughharbour.com 1 j Mr. Jim Carrol Page 2 June S, 2007 The amount of traffic using a drive thru at a pharmacy is in the range of 6 to 7 percent of entering traffic. To be conservative, we have used a drive thru rate of 10 percent on the higher pharmacy figures. This rate was applied to the amount of traffic entering a pharmacy and an arts and crafts store. The results are illustrated in Table 2. Table 2 Estimated Drive-Thru Usage Peak Hours of Operation LandUse AM Peak: PM Peak fSat'k Pharmacy 6flits and--C s 35 As Table 2 shows, the amount of usage of the drive thru is projected to, be minimal. It is important to note that the amount of usage of drive thru lanes shown in Table 2 is over the course of one hour. When these figures are translated into how often a vehicle uses a drive thru (for either use), one can see it is very infrequent. During its highest usage, a pharmacy drive thru is used only once every ten minutes and the Ben Franklin drive thru is projected to be used even less frequently. For permit purposes we suggest the higher use, as stores today have to change mix and services quickly to survive. Wait times at a pharmacy drive thru are in the range of 1 to 3 minutes. Typically when dropping off a prescription, the time spent waiting at the window is less than one minute. When picking up a prescription, the wait time is slightly longer because there can be a cash transaction (most pharmacies now take charge data over the phone), however, on average the wait time does not exceed three minutes. The wait times en at the B Franklin.would be similar for a customer picking up a piece of merchandise. The current site plan and location of the drive thru window allows for approximately 75 feet of queuing space. The standard distance used to determine the amount of vehicles that can be queued is 20 feet per vehicle. The queuing space allows for approximately three vehicles to queue before spilling into the access aisle. When considering all the facts, it is clear that a drive thnr window will not cause internal site circulation issues. The usage of the drive thru and the wait times show that there will likely be no more than one vehicle using the drive thru at any given time. The proposed drive thru for the Ben Franklin is designed for two lanes, however, only one lane will be used initially. If it is determined that one lane is not sufficient, then a second lane can easily be utilized to alleviate any internal peaking issues before there is any degradation in service. If you have any questions please do not hesitate to contact me. Very truly yours, CLOUGH HARBOUR & ASSOCIATES LLP Timothy R. Faulkner, P.E., P.T.O.E. Senior Traffic Engineer TF/nm cc: Mr. David Meath Ms. Susan Poissant I:113200\.South Burlington\South Burlington.doe P�`�,s:���,- �� � ':� .: ^' gz. ^ • ri .;. _,�',�', • ®- a : . • . a • . , . �, ,r ��°si.e�",�?s JEER M&T BANK 5867 Manufacturers and Traders Trust Company FALLS BRIDGE DEVELOPMENT LLC Commercial Banking 7085 MANLIUS CENTER ROAD Syracuse Commercial Real Estate, Syracuse, NY 13202 EAST SYRACUSE, NY 13057 10-4/220 PAY TO THE City of South Burlington $**111.00 ORDER OF One Hundred Eleven and 00/100*******�****** **" ***� `**' t****'y" �* *** DOLLARS s City of South Burlington MEMO filing fees II'0058GTin 1:0p22000046i: 9835476244eI' ,,,, 8 SECURITY FEATURES INCLUDED_ DETAILS ON BACKL 1 r Mr Ar �� I®® 1 southburlington PLANNING & ZONING March 6, 2009 Thomas Family Trust et al Attn: Michael Dowling 514 Farrell Street South Burlington, VT 05403 Re: 514 Farrell Street Dear Mr. Dowling: Please be advised that I withdraw my determinations regarding the above referenced property contained in my letter to you dated February 23, 2009 Sincerely k & Raymond J. Belair Administrative Officer Cc: Amanda S.E. Lafferty, Esq. Joseph P. Bauer, Esq. 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburl.com Bauer, Gravel, Farnham, Nuovo, Joseph P. Bauer John C. Gravel Daniel N. Farnham Thomas C. Nuovo Eric G. Parker Richard A. Lang, Jr. • Amanda Lafferty, Esq. P.O. Box 1507 Burlington, VT 05402-1507 Parker & Lang Attorneys at Law 10 Northland Lane P.O. Box 33 North Hero, Vermont 05474 (802) 372-6904 Fax (802) 3 72- 6905 www.vtlawofflces.com jbauer@ vllawof ces. com March 5, 2009 Alan A. Bjerke' Susan R. Buchanan MatthewM. Glitman Jonathan M. Stebbins 'Also admitted in NY & FL 'Also admitted in NH RE: Withdrawal of Notice of Appeal letter Dear Amanda: In accordance with our telephone conversation of this afternoon, I am at this time formally withdrawing the Notice of Appeal filed by 518 Corp d/b/a/ Creative Habitat with respect to the above captioned property dated March 3, 2009. Please have Ray's withdrawal of this Notice of Termination faxed or e-mailed to me. Thank you for your assistance in resolving this matter. i cerely /1 Jos h P. Bauer BAU ER, GRAVEL, FARNHAM NUOVO, PARKER & LANG cc: David Meath Neil Germain Seamus P. Lyman James Carrol BURLINGTON: 40 College Street • P.O. Box 607 • Burlington, VT 05402 MONTPELIER: 19 Main Street - Suite 8 • Montpelier, YT 05602 (802) 863-5538 • Fax (802) 864-7779 • Email: bag.burlington@wHiomnet (802) 229-2000 • (By Appointment Only) COLCHISTER: 567 Main Street • P.O. Box 123 • Colchester, VT 05446 PU7NEY.• 94 Main Street • P.O. Box 200 • Putney, VT 05346 (802) 879-6313 • Fax (802) 879-7045 • EmaU:frontdesk@v&woffices.com (802) 387-4620 • Fax (802) 387-4716 A�rr `r southburl noon PLANNING & ZONING February 23, 2009 Thomas Family Trust et al Attn: Michael Dowling 514 Farrell Street South Burlington, VT 05403 Re: 514 Farrell Street Please be advised that I have determined that the approval for the above -referenced property for the conversion of 2,222 square feet of retail store to a drive -through facility by decision dated September 18, 2007, and Zoning Permit No. ZP-08-030 expired on August 6, 2008, pursuant to Section 17.04 of the South Burlington Land Development Regulations. You have not commenced construction of the above -described project and no extension has ever been requested or granted pursuant to Section 17.04(B) Sincerely Raymond J. Belair Administrative Officer Please note: Pursuant to 24 V.S.A. section 4465(a), an interested person may appeal this decision by filing a Notice of Appeal and the $111 filing fee with the secretary of the Development Review Board within 15 days of the date of this decision. 575 Dorset Street South Burlington, VT 05403 te1 802.846.4106 fax 802.846.4101 www.sburI.com 02/20/2009 C_ .y of South Burlington Grand _ �t 03:48 pm Parcel Report For Parcel: 0670-00514. THOMAS FAMILY TRUST ET AL NameL THOMAS FAMILY TRUST ET AL TTN: MICHAEL DOWLING 14 FARRELL ST IL VT 05403 Location 911 514 FARRELL ST Tax Map 37-001-000 Codes: (1) (Category) C (Equipment) (Owner) T Wood Crop Pasture Other Acres: 0.00 0.00 0.00 0.00 Real Land Building Values: 1,713,700 394,000 1,319,700 Homestead Veterans Farm Stab. 0 0.00 0.00 Site Total 0.00 0.48 Page 1 of 1 jbeagley Equipment Inventory 0 0 L.U. Acres Land Use 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 1,713,700 Housesite Special Exmp Grand List 0.00 0.00 17,137.00 Misc: Status: T Bill #: 56555 Updated: 04/25/2008 Last sale was: Invalid on / / for $0 recorded on 0/0 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 150355000 (8) : N (9): 07/07/00 SPAN: 600-188-16095 Vermont Secretary of State 1 Page I of I ._VERMONT SECRETARY OF STATI mow:Deborah L. Markowitz n..*"L'i'�.«. ARG}{i[TS GORPORATYONS ELECTIONS Y?ROFESSYONA PROGRAhi5 REGULATION! CorDoration lnformar... Corporation Name C-11 CORP. Corporation Status Active File No V-50176-0 Type Vermont Incorporation Date 01/08/1992 Corporation Description ANYTHING LEGAL State of Incorporation VT Fiscal Month End 12 Registered Agent NORMAN C. SMITH, ESQUIRE Address 76 LINCOLN STREET City State Zip ESSEX JCT VT 05452 President JAMES F. CARROLL Vice Pres MIKE DOWLING Secretary MARK DOWLING Directorl MARK DOWLING Director2 MIKE DOWLING Director3 JAMES F. CARROLL Principal Street Address 76 LINCOLN STREET City State Zip ESSEX JCT VT 05452 Last Annual Report 12/31 /2007 Terminated 05/21 /2008 Reinstated 08/18/2008 Above accurate as of. 02/19/2009 lnforrmation t: ontact Home I Site Search I Help � rm.4nt..5.tate.Page. i .Qis.clsairn r. This Web Page isy-" http://cgi.sec.state-vt.us/cgi-shl/nhayer.exe?corpbrow?form id=corpname?corpnumb=V50... 2/20/2009 Vermont Secretary of State Page 1 of I VERMONT SECRETARY OF STATE ARC:MITS CORPORATIONS ELECTIONS OTI{ER PROFESSIONA PROGRAMS REGULATIONS Tradename Information Trade Name FEP II Status Active File Number 0083602 Address 42 HERCULES DRIVE City State Zip COLCHESTER VT 05446 Description REAL ESTATE Registration Date 08/30/1990 Renew Date 09/21 /2000 Member 1 LARRY COSTELLO Address 93 NORTH SHIRE DRIVE City State Zip 05401 Member 2 MARK DOWLING Address 102 BLUEBIRD WAY City State Zip MILTON VT 05468 Member 3 MIKE DOWLING Member 4 IDON WELLS & JIM CARROLL Above accurate as of: 02/19/2009 Infornlarion Contact liome, i Site Search i Help Vermont State Page i Disclaimer This Web Page is "DIa.� Lta http://cgi2.sec.state.vt.us/cgi-shl/nhayer.exe 2/20/2009 1. SITE ENGINEER: PATER M CtYLBXMilOABilIOCNTmNC. SHELBURNE, VERMONT TEL 802-985-2323 \ll I i I I `��,- 7- " ' %''' %' %-'' % •'1� `� I FAX 502-985-2271 WVNY BUILDING CHAMP IN ' I �; 1 `�; ,;, �,>.� �I ISTI i awnn E� %':- ��I �� U ILITY POL RENOVATION ACL II OIL C 0. , i N C. III , ��,;-.,y'�}''% %•� I FFE 213.5 SAv fun III II I p4 I I I I I `�\ ` `'`i'; ;%, ;7,1'.%,.!,• ''`% \ APPROMICNAL SAV \ „� I I A. and R . R E YE Gy\ `y%' PROTECT: o I I , (n RANS (7'x14' - - ---=� - „�/ Ln y'EX. CONCROE, PAD -_ CREATIVE LOADING/UNLOAQING AREA HABITAT II I L-----J-----I i �l Az___ --- ------- '-EX.-TRANSFORMERS----bUMPSTER EW BOLLAgD �-G EX. GAS METER - - - F [ttt - - -- -- F NECESSARY, I _ - - - - - - I I I POUR A CONCRETE RA - - — I OVER EXISTING CON R PAD I 1 WITH 1/2- REVEAL E I BUILDING FL II LEGEND EXISTING CONTOUR \ I 111 ' / JJA- PROPOS♦D CONTOUR PROPOtTY UNE (APPROXIMA7 I C� U EASEMENT UNE loading dock 0 IRON PIN and dumpsters - 6" CONC. MON. 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II I I I BLOCK T .. _.. _.._.. .._.._.. _.. / % Rla ®® raY®oR "BACONFARREL I 0 I r N--- ---I--�---- ----yY-------------- - -- ------------------- w------------- ----�r---I O 11 I I I Q V I # 00) II I 10' WIDE BIKE PATH - II-- - I oO S� 11 III_nT1 EX. H Y R N I i b AUG 1 2007 PLAN O 1111 I & SHUT-OFF VALVE I di-------- S-& — — — — — — — — — — — — — — — — — —i---------8-----T Q ' I i p City 'R of So. Burlington D.DRAIfNG RGIDIlR I GRAPHIC SCALE Nov, 20p6 0 N I a GCAIs 5 I Ci-2 a cu I fan �Or I EL �� CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 4, 2007 Jim Carroll 1891 Williston Road South Burlington, VT 05403 Re: Minutes - Creative Habitat Dear Mr. Carroll: For your records, enclosed is a copy of the approved September 18, 2007 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy cDonough Planning & Zoning Assistant Encl. SOUTH 13�dLINGTON DEVELOPMENT RE4...W BOARD I cu 18 September 2007 determination that lot #2 can be served with water and sewer. Mr. McCain said the plan is to access it from Highland Ave, and the draft decision says they have to address all issues before a permit will be issued. He felt the issues would be addressed. Ms. LaRose said staff feels the Board should review the details of the sewer line connections. Mr. McCain said there is a municipal sewer on Dubois Drive. They did present a conceptual sketch as to how they would do the connection. Mr. Wessel asked if it would be a gravity or pump sewer. Mr. McCain said it would probably be gravity, but there may be a ledge issue. Ms. Truder asked about the building envelope on Lot #2. Mr. Belair said it would have to meet the setback. Mr. Lavanway said that he is concerned with runoff from this property to his property. Ms. Truder asked how the sale of TDRs on a single -lot development works and questioned how that plays into the intent of Southeast Quadrant zoning. Mr. Dinklage said infill was anticipated with the change to the zoning regulations. The intent is to make development more dense closer to the "core." Ms. Quimby moved to continue Final Plat Application #SD-07-53 of Algmantas Shalna until 6 November 2007. Mr. Farley seconded. Motion passed unanimously. 6. Miscellaneous Application #MS-07-10 of Terry & Sally Ryan for approval to remove existing seasonal cap and replace it with a single family dwelling with a 1482 sq. ft. building footprint, 117 Holmes Road: Mr. Boisvert said they will comply with the height limitation. The house will be served by municipal sewer and water. They also propose to shorten the access road. Mr. Dinklage acknowledged receipt of a letter from the abutting neighbor who has no objection to the plans. Mr. Weisman said it appears the applicant will be raising the level of the lot at least 3 feet and questioned whether that will affect drainage. Mr. Boisvert said they will raise the level 2 feel and will add a drainage structure to address that issue. Mr. Weisman asked what happens if it doesn't work. Mr. Ryan said Mr. Weisman can hook onto the system. He added that he gets drainage from the Weisman's lot now. Ms. Quimby moved to approve Miscellaneous Application #MS-07-10 of Terry & Sally Ryan subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. Public Hearing: Preliminary Plat Application #SD-07-48 and Final Plat Application #SD-07-49 of 518 Corporation for a planned unit development to amend a previously approved plan for a 24,749 sq. ft. retail and office -3- SOUTH & ALINGTON DEVELOPMENT REV . JW BOARD 18 September 2007 building. The amendment consists of converting 2222 sq. ft. of retail use to a drive -through facility, 514 Farrell Street: Mr. Carroll said this is the same plan that was reviewed at Sketch Plan. The only issue is the location of the bike rack and they feel they have a place for it. Mr. Carroll noted that the abutter will amend his site plan to align with this plan. Ms. Qumby moved to approve Preliminary Plat Application #SD-07-48 and Final Plat Application #SD-07-49 of 518 Corporation subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 8. Site Plan Application #SP-07-62 of Pat Malone to amend a previously approved plan for a 33,733 sq. ft. building with 31,351 sq. ft. of retail food establishment use and 2382 sq. ft. of short-order restaurant use. The amendment consists of proposing the landscaping and design for the "Blue Zone," 222 Dorset Street: Mr. Belair advised that the applicant requested a continuance until 2 October. Ms. Quimby moved to continue Site Plan Application #SP-07-62 of Pat Malone until 2 October 2007. Mr. Farley seconded. Motion passed unanimously. 9. Public Hearing: Preliminary Plat Application #SD-07-51 of Technology Park Partners to subdivide 177.2 acres into 16 lots ranging in size from 3.98 acres to 29.46 acres, 30 Community Drive: Mr. Plumeau advised that his firm had done traffic review work for the City regarding this property, but he felt that work was not material to what is on this agenda item. Members and the appellant had no issue with Mr. Plumeau hearing the application. Mr. Matosky distributed a letter and information regarding the applicant's prior payment for lights. Mr. Matosky said the subdivision will include widening of the existing Community Drive loop to city standards without curbs. The road would be 32-feet. There will be 5- foot rec path lanes on either side. Mr. Dinklage asked about the 10-foot green space beside the rec path. Mr. Matosky said 10 feet would be hard, but they could do 5 feet. Mr. Bresee said the Rec Path Committee would prefer 10 feet which could be narrowed where there are problems. Mr. Matosky said there is a question as to whether this is a sidewalk or a Rec Path. He felt there are compelling arguments for a 5-foot sidewalk which would minimize the impact on the wetland buffers. Members were inclined toward a 5-foot concrete sidewalk. Ms. LaRose said the Rec Path Committee will see the plans before they are approved. -4- CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4lo6 August 29, 2007 Herman & Mavis Thomas FEP II 518 Corporation 518 Shelburne Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public hearing is being held regarding the proposed development. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." Please call our office at 846-4106 if you have any questions. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. cc: Jim Carroll CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 August 29. 2007 Eric Farrell F & M Development Company PO Box 1335 Burlington, VT 05402-1335 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that abuts property you own. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the schedule public hearing. Sincerely, "I Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 August 29, 2007 City Clerk City of Burlington 149 Church Street Burlington, VT 05401 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that lies within 500 feet of the City of Burlington. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. cc: Ken Lerner CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 12, 2007 Jim Carroll 1891 Williston Road, Suite 3 South Burlington, VT 05403 Re: 518 Corporation Dear Mr. Carroll: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, September 18, 2007 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy cDonough Planning & Zoning Assistant Encl. ning Commission, the Regional Plan- ning Commission, adjoining property owners, other interested persons granted party status pursuant to 10 V.S.A. § 6085(c). Non-party partici- pants may also be allowed under 30 V.S.A. § 6085(c)(5). Dated in Essex Junction, Vermont, this 20 day of August 2007. By Peter E. Keibel Natural Resources Board District 4 Coordinator 111 West Street Essex Junction, VT 05452 T/ 802-879-5658 E/ peter.keibel@state.vt.us ACT 250 NOTICE MINOR APPLICATION 10 V.S.A. §§ 6001-6092 On August 17, 2007, the Town of Williston, filed application 4CO971R- 2A for a project generally described as: the construction of a 60.5' lattice tower and attachment of 6 whip antennas for municipal services. The project is located on Route 2 in the Town of Williston, Vermont. The District 4 Environmental Com- mission will review this application under Act 250 Rule 51 - Minor Ap- plications. Copies of the application and proposed permit are available for review at the Williston Municipal Office, Chittenden County Regional Planning Commission located at 30 Kimball Avenue, South Burlington, and the office listed below. The application and proposed permit may also be viewed on the Natural Resources Board's web site (www. nrb.state.vt.us/lup) by clicking on "District Commission Cases," select- ing "Entire Database," and entering the case number above. No hearing will be held unless, on or before September 11, 2007, a party notifies the District Commission of an issue or issues requiring the pre- sentation of evidence at a hearing or the commission sets the matter for hearing on its own motion. Any hearing request shall be in writing to the address below, shall state the criteria or subcriteria at issue, why a hearing is required and what additional evidence will be presented at the hearing. Any hearing request by an adjoining property owner or other interested person must include a petition for party status. Prior to submitting a request for a hearing, please contact the district coordina- tor at the telephone number listed below for more information. Prior to convening a hearing, the District Commission must determine that substantive issues requiring a hear- ing have been raised. Findings of Fact and Conclusions of Law will not be prepared unless the Commission holds a public hearing. Should a hearing be held on this project and you have a disability for which you are going to need accommodation, please notify us by September 11, 2007. Parties entitled to participate are the Municipality, the Municipal Plan- ning Commission, the Regional Plan- a, ­ .. r ,. 13 WILL oe puoucty opened on thy date at the time of the bid ctol ie Contractor shall provide alt necessary labor, equipment and materials to the Whispering Pines Stormwater System in accordance with the plans and specifications. The work shalt consist of removal of trees, excavation for a new stormwa- ter treatment pond, installation of all pipes and structures, stabilization and installation of fence. The above description of work is made available as an aide to the bidders. All bidders shall make their own interpretation of the work necessary to complete the project. The described work may commence on September 24, 2007, but no later than October 1, 2007 with all on site work to be completed on or before October 31, 2007. The source of funding for this project is the State of Vermont Orphan Stormwater System Grant Program. The notice of award for this project will not be issued until the funds are transferred from the State of Vermont to the Town of Colchester. This transfer is currently pending. Therefore the dates listed are subject to delay pending receipt of funds by the Town of Colchester. Contract documents may be viewed at the Champlain Consulting En- gineers, 85 Prim Road, Colchester, Vermont, 802-863-8060. Contract documents may be obtained at the office of Champlain Consulting Engineers, 85 Prim Road, Colchester, Vermont from 8:00 a.m. to 4:30 p.m., Monday through Friday. Each bid must be accompanied by security in an amount of not less than 5% of the bid in the form and subject to the conditions set forth in the Information for Bidders. No bidder may withdraw his/her/their bid within thirty (30) days after the opening thereof. The attention of Bidders is directed to the requirements as to the condi- tions of employment to be observed and the minimum wage rates to be paid under this Contract. The Bidder to whom the contract is awarded will be required to furnish Performance, Payment and Guarantee Bonds from an acceptable Surety Company for an amount not less than 100% of the accepted Bid. The Owner reserves the right to ac- cept or reject any or at[ offers. CHARLOTTE ZONING BOARD OF ADJUSTMENT Pursuant to Title 24 and the Charlotte Land Use Regulations, the Board of Adjustment will hold public hearings on Monday September 17, 2007 with the first hearing begin- ning at 7:30 p.m. These hearings are at the town hall 159 Ferry Road. -Appeal by Michael and Martha Wool of the Zoning Administrator's deci- sion that a permit is not needed for work performed on a Hills Point Road access to Lake Champlain. The ac- cess is for the Mark Binkhorst 1148 Lake Road parcel. Property is located in the Shoreland District. juvemte a Domestic Relations District Court Commonwealth of Virginia, in re Cody Hartle. The object of this suit is to obtain custody of Cody Hartle and appear before Williamsburg James City County Juvenile & Domestic Rela- tions Court on October 24, 2007 at 10:30 a.m. It is ORDERED that the defendant, Brian M. Hartle appear at the above - named Court and protect his or her interests on or before October 24, 2007. PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hear- ing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, September 18, 2007 at 7:30 P.M. to consider the following: 1. Preliminary plat application SD-07-48 and Final plat applica- tion #SD-07-49 of 518 Corporation for a planned unit development to amend a previously approved plan for a 24,749 sq. ft. retail & office building. The amendment consists of converting 2222 sq. ft. of retail use to a drive -through facility, 514 Farrell Street. 2. Preliminary plat application SD- 07-51 of Technology Park Partners to subdivide 177.2 acres into 16 lots ranging in size from 3.98 acres to 29.46 acres, 30 Community Drive. 3. Final plat application SD-07-53 of Algimantas Shalna to subdivide a 1.61 acre parcel developed with a single family dwelling into two (2) lots of 0.61 acres and 1.0 acres, 1450 Hinesburg Rd. 4. Final plat application SD-07-54 of William E. Dailey, Jr. to amend a previously approved five (5) lot sub- division. The amendment consists of altering the water main connection, 1500 Dorset Street. John Dinklage, Chairman South Burlington Development Review Board Copies of the applications are available for public inspection at the South Burlington City Halt. STATE OF VERMONT CHITTENDEN SUPERIOR COURT CHITTENDEN COUNTY, SS. DOCKET NO. 91-06 Cnc Eastern Savings Bank, FSB, Plaintiff V. Bruce E. Wiltette, Jr. and Melissa A. Wiltette, The Vermont State Dept. of Taxes, All Seasons Excavating and Land- scaping and S.T. Griswold and Company, Inc., and LTS Homes, Inc., d/b/a Latham Homes, Inc., Defendants. NOTICE OF SALE By virtue and in execution of the Power of Sale contained in a certain Mortgage Deed given by Defendants, Bruce E. Wiltette, Jr. and Melissa t.ertain premises in the Town of Col- ( `.er in the County of Chittenden, tate of Vermont, described as follows, VIZ: Premises commonly known as 127 (fka 117) Williams Road, Colchester, Vermont. Being all and the same lands and premises conveyed to Bruce E. Wiltette, Jr., and Melissa Wiltette, by Warranty Deed of Charles M. Scribner and Gloria Scribner dated May 30,1996 and recorded on May 31, 1996, in Book 260, at Page 549, in the Land Records of the Town of Colchester. Reference is hereby made to the above mentioned instruments and the records and references made therein to further aid of this descrip- tion. The derivation of the same being: The same being property conveyed by deed executed by Bruce E. Wil- tette, Jr., and Melissa A. Wiltette, husband and wife, on 12-21-2004, as recorded on 12-27-2004 at Book/ Liber 512, and Page/Folio 77,in the Land Records of Chittenden County. Parcel Identification Number: 17- 066003. Terms of Sale: Purchaser at the sale shall pay cash or certified funds, or produce a commitment letter from a bank or mortgage company or other lender Licensed to do business in the State of Vermont at the time of the sale for the amount of the winning bid. In any case the winning bidder shall be required to produce $10,000.00 (ten -thousand dollars) cash or certi- fied funds at the close of auction as the deposit against the sale. The sale will be subject to the Confirma- tion Order of the Chittenden Superior Court. In the event the auction terms are confirmed by the Superior Court aforesaid, and the winning bidder is unwilling or unable con- summate the sate, the deposit shall be forfeit. In the event the sale in not confirmed the deposit will be returned without interest. The Mortgagors are entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the cost% and expenses of the sale. Other terms to be announced at the sate or inquire at Grant C. Rees, At- torney, PO Box 108, Milton, Vermont 05468, 802-893-7400. By: Grant C. Rees, Esq. Mortgagee or Mortgagee's Attorney STATE OF VERMONT CHITTENDEN SUPERIOR COURT CHITTENDEN COUNTY, SS. DOCKET NO. S714-06 CnC JP Morgan Chase Bank, NA as Trustee for the C-Bass Mortgage Loan Asset -Backed Certificates, Series 2005-Rp2, Without Recourse, Plaintiff V. James T. Cournoyer, Patricia A. Cournoyer And Occupants residing at 259 North Street, Winooski, Vermont, Defendants NOTICE OF SALE By virtue and in execution of the Power of Sale contained in a Cournoyer and Patricia` A Co oyer by Warranty Deed of Chi Crowley and Pauline E. Crowb August 7, 1998 and recorded ume 106, Page 5 of the Land of the City of Winooski. Terms of Sale: $10,00o.00 tc paid in cash by purchaser at time of sale, with the balance closing. Proof of financing ft balance of the purchase to br vided at the time of sate. Th� is subject to taxes due and o� the Town of Winooski. Other terms to be announced sale or inquire at Lobe & Fort Kimball Ave., Ste. 306, South ington, VT 05403, 802 660-91 JP Morgan Chase Bank, NA as By: Joshua Lobe, Esq. Lobe & Fortin, PLC 30 Kimball Ave., Ste. 306 South Burlington, VT 05403 TO ALL INTERESTED AGENCIE GROUPS AND PERSONS: The purpose of this Notice is i identify two separate but reta actions to be taken by the Tot Essex. On or about 9/14/2007 the at named municipality will reque that the Vermont Agency of Cr merce and Community Develol (hereinafter Agency) release fi under Title I of the Housing ai Community Development Act c (PL93-383)to be used for the lowing project: Project Title: Essex Senior Hou Purpose/Nature of Project: Construction of a building that will provide 48 affordable apar ments with services for seniors Location of Project: 22 Carmid Street, Essex, VT 05452 Estimated Cost of Project: $8,400,000 (Vermont Communi Development Program funds wi provide $490,000) Project Summary: Cathedral Square Corporation,i 501(c)(3) non-profit organizati will construct 48 units of affon housing in the "Town Center" c Town of Essex. Essex Senior Ho will serve households over 62 y of age, including seniors who a frail and at risk of Medicaid del dency. Essex Senior Housing w a universal, barrier -free buildin CSC is designing Essex Senior H ing to anticipate that an increa Level of meal preparation, healt personal care services will be m over time among the residents. intends to create a supportive l ing community with resident se coordination, a commercial kitc and dining area, support with transportation, lifeline services assistance accessing Medicaid 1 waiver services. Finding of No Significant Impac An environmental review for the project has been made by the Tc of Essex and is available for pub examination and copying at the CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: September 11, 2007 \drb\sub\ben franklin_prelim_final.doc Plans received: August 15, 2007 518 Corporation - PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT APPLICATION #SD-07-48 FINAL PLAT APPLICATION #SD-07-49 enda # 7 Owners Herman and Mavis Thomas 514 Farrell Street South Burlington, VT 05403 Site Engineer Civil Engineering Associates 928 Falls Road PO Box 485 Shelburne. VT 05482 Location Map Meetinq date: September 18, 2007 Applicant/Contact 518 Corporation 518 Shelburne Road South Burlington, VT 05403 Jim Carroll 1891 Williston Road Suite 3 South Burlinqton, VT 05403 Property Information Tax Parcel ID 0670-00514 Commercial 1-Residential 12 District 23,739 square feet CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\ben franklin prelim finaldoc 518 Corporation, hereafter referred to as the applicant, is seeking preliminary and final plat approval to amend a previously approved plan for a 24,749 sq. ft. retail and office building. The amendment consists of converting 2,222 sq. ft. of the retail store to a drive -through facility, 514 Farrell Street. The project was reviewed at the sketch plan level on May 1, 2007 (minutes attached). Associate Planner Cathyann La Rose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on August 15, 2007 and have the following comments. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements C1 Zoning District Required 11 Proposed + Min. Lot Size 40,000 S.F. 18,426 S.F + Max. Building Coverage 40% 100% + Max. Overall Coverage 70% 100% • Max. Front Yard Coverage 30% NA • Min. Front Setback Midas Drive 30 ft. 0 ft. + Min. Side Setback 10 ft. 0 ft. Max. Building Height 35 ft. 28 ft �l zoning compliance 4 pre-existing noncompliance N/A the building has no frontage on a public or private road; the building line is the property line PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the Land Development Regulations, the Development Review Board shall consider the following in its review of subdivision and Planned Unit Development (PUD) applications. - (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. Pursuant to Section 15.13(B) (1), municipal water service must be extended to serve the proposed development. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\ben franklin prelim finaldoc The South Burlington Water Department has stated that there is no need for them to review the plans related to this application. (b) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 1. The applicant shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. (c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed access to the drive-thru will be through a portion of the building which currently exists. The applicant is proposing to cut an opening in the southeast corner of the building which will be approximately 14 feet wide. It appears that this lane will then widen to 22 feet but such is not fully clear. A note on the plan defers to architectural details which were not submitted to staff. Vehicles utilizing the drive thru will then exit at the northern side of the building. Access to the drive through portion will be via western curbcut near the property and via an already approved one-way travel lane. The building is not proposed to be enlarged and therefore there are no additional vehicle trips estimated. (d) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are no wetlands, streams, wildlife habitat, or unique natural features on the site. (e) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed development is in keeping with the goals for development within the Commercial 1 (Cl) Zoning District, as set forth in Section 5.01 of the SBLDR. (t) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The subject property is entirely covered and cannot provide any open space. (g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The existing building will not be changing and the Fire Chief has stated that he does not need to review these plans. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\ben franklin prelim finaldoc (h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. There are no additional roads, recreation paths or stormwater facilities proposed. (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. 2. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. The applicant has stated that no new lighting is proposed at this time. (j) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). In general, staff believes that the project is consistent with the goals and objectives of the Comprehensive Plan. Per Section 5.01 of the SBLDR, all applications for a drive-throuoh facility shall be subiect to conditional use review and the following restrictions: (a) Compliance with Traffic Overlay District Provisions, if applicable; The proposed project falls outside of the traffic overlay district. (b) Compliance with an approved access management plan, providing for curb cut consolidation and secondary access; The access management plan appears sufficient with respect to curb cuts. (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. The applicant has submitted a report from a traffic consultant addressing this criterion (attached). The report notes that no data exists for a drive thru crafts store and so data for a drive-thru pharmacy was used. Staff finds this acceptable as both are retail uses. The consultant estimates that approximately 7 vehicles would utilize the drive-thru during the pm peak period, over the course of one hour. Dually noted, this translates into approximately one every ten minutes. Given typical pharmacy wait times, the consultant estimates that it will be rare for more than one vehicle to be utilizing the drive thru at any given time; the 75 feet of queuing space would allow for at least three vehicles. The consultant ultimately states that the drive thru window "will not cause internal site circulation issues." Staff supports this finding. Again, the proposal shall be evaluated for conditional use review: a. the capacity of municipal or educational facilities CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\ben franklin prelim finaldoc Staff does not feel that this project will adversely impact this criterion b. the planned character of the neighborhood Staff does not feel that this project will adversely impact this criterion c. traffic on roadways and highways in the vicinity The proposed project results in less square feet of retail gross floor area; given the methods for traffic generation established in the SBLDR, this results in less vehicle trip ends per peak hour. d. bylaws in effect This proposal is in compliance with the bylaws. e. utilization of renewable energy resources Staff does not feel that this project will adversely impact this criterion Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: SITE PLAN REVIEW STANDARDS (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. All of the parking spaces needed and proposed as part of this application are not located on the subject property. The applicant has obtained approval from the adjoining property owner to proceed with the application (letter attached). However, the adjoining property owner should submit a revised site plan showing the changes which will result from this proposal. This should be approved prior to recording of the mylar. 3. The abutting property owner must obtain approval for the proposed site plan changes which occur on the abutting property prior to recording the mylar for this proposed development. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. The site plan proposed a bicycle rack in one of the parking islands. Staff doesn't believe this is the most appropriate or safest place for a bicycle rack. It should be moved to be located closer to the building. 4. The plans shall be revised to depict a bicycle rack to a location which is safer and closer to the building. This shall be approved by Staff. . (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is currently to the front and side of the building. There are no opportunities to change this layout as part of this application. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\ben franklin prelim finaldoc The height of the building is within the limits established by the SBLDRs. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Staff has already noted that any new utility lines shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. No new exterior construction is proposed. (� Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. No new exterior construction is proposed. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the proposed Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No additional reservation of land shall be required for this application. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already indicated that utility lines must be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Landscaping As no new construction is proposed, no additional landscaping is required. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\ben franklin prelim finaldoc Staff recommends that the applicant address the numbered items above and proceed to preliminary plat application. Respectfully submitted, 'A Cathy nn L. L)a'R e, Associate Planner Copy to: Jim Carroll, applicant l SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 1 MAY 2007 Public highway. They traded with a neighbor to create the lot seen on this plan. Mr. Cassidy stressed that they were aware of the frontage requirement, which is why they kept a small piece of it. Mr. Belair said that staff considers the "front" to be where the right-of-way abuts the property line. Mr. Cassidy said they would use that one foot of frontage as the edge of their driveway. Mr. Belair said the applicant would have to reapply under the "exception" cited by Mr. Cassidy. Members felt they would like to discuss this issue with the City Attorney and suggested a meeting with her on 8 May, 7:30 p.m. Ms. Quimby then moved to continue Miscellaneous Application #MS-07-03 until 15 May 2007. Mr. Farley seconded. Motion passed unanimously. 3. Public Hearing: Continued Final Plat Application #SD-07-18 of Cupola Golf Course, Inc., to amend a previously approved planned unit development consisting of three 32-unit multi -family dwellings. The amendment consists of developing QHC Lot #1 (4.53 acres) with: 1) two 32-unit multi -family dwellings, 2) a 40-unit congregate care housing facility, and 3) the existing indoor and outdoor recreational facility to be converted to a community building for the complex residents in the future, Quarry Hill Road: Mr. McClellan said the met with the Fire Chief and City Arborist and worked out the planting issue. Mr. Belair clarifies that the word "complex" means the entire PUD. Ms. Quimby moved to approve Final Plat Application #SD-07-18 of Cupola Golf Course, Inc., subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 4. Miscellaneous Application #MS-07-04 of Brian Lewis to allow a 12'x15' addition to a single family dwelling to exceed the height limit of the Spear Street -Ridge View Protections Zone by 1.85 feet, 15 Brownell Way: Mr. Belair noted the existing house is at 345.07. The maximum allowed is 343.22. The house with the addition will not get any higher than it is today. Ms. Quimby moved to approve Miscellaneous Application #MS-07-04 of Brian Lewis subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 05.Sketch Plan Application #SD-07-26 of 518 Corporation for a planned unit development to amend a previously approved plan for a 24,749 sq. ft. retail -2- I SOUTH Bk-, LINGTON DEVELOPMENT REV tEW BOARD 1 MAY 2007 and office building. The amendment consists of converting 2,222 sq. ft. of the retail store to a drive -through facility, 514 Farrell Street: Mr. Belair said there is virtually no change to the lot. They are just creating a drive - through for retail use. Mr. Carroll said the market is evolving. They originally anticipated more commercial development around their building. The building has a warehouse out back and also has a frame shop, offices, etc., on the second floor. With the development of all the housing around them, they feel they need a new business model. Sales are down, and one amenity people want is the ability to drive up and drop off or pick up something. Mr. Dinklage raised the issue of stacking up traffic. Mr. Carroll felt that only one or 2 cars might arrive at the same time. Mr. Dinklage said this makes him mildly nervous. He suggested crafting a one-year review process by the DRB, and if there are problems, the DRB would have the chance to deal with them. Mr. Carroll said all the space around their store is used exclusively by the store. You can drive completely around the building without going onto Farrell St. 6. Sketch Plan Application #SD-07-27 of Alginantas Shalna to subdivide a 1.6 acre parcel developed with a single family dwelling into two lots of 0.7 acres (lot #1) and 0.9 acres (lot #2), 1450 Hinesburg Rd: Mr. Nowlan said the applicant intends to have one addition TDR. Staff noted they will have to review the application with the Rec Path Committee regarding an easement on Hinesburg Rd. Mr. Belair said in the new SEQ Zoning Amendments, the Planning Commission created a list of design criteria. The Board has the choice of whether to apply these. In the past, with smaller developments, the Board has chosen not to apply these criteria. Ms. LaRose added that they can apply some and not others, if they choose. Mr. Dinklage said his only concern would be if something the applicant plans to build doesn't fit in with what is existing. Mr. Belair said they can build only 1 house on the lot. In addition, the existing accessory structure would have to be moved. Mr. Nowlan said they are willing to do that. Mr. Belair reminded the applicant that if they are not going to be on public water/sewer, staff will have to have all the details for the systems that will be used. 7. Site Plan Application #SP-07-23 of John Eustis to amend a previously approved plan for a 3865 sq. ft. retail building. The amendment consists of converting the building to commercial kennel, veterinary hospital and pet day care use, 1333 Shelburne Road: - 3 - CLOUGH HARBOUR & ASSOCIATES LLP June 5, 2007 Mr. Jim Carrol Creative Habitat 514 Farrell Street South Burlington, Vermont 05403 RE: Ben Franklin Store Traffic Operations Review South Burlington, VT CHA Job No.: 13200 Dear Mr. Carrol: We have reviewed the internal circulation patterns for the Ben Franklin Store in South Burlington, VT as it relates to the operation of a proposed drive thru. When considering drive thru operation it is important to note the amount of traffic generated by the store and the percentage of traffic that would likely use the drive thru. There is no drive thru traffic information for an arts and crafts store such as a Ben Franklin since these stores have not been studied with drive thru operations. Therefore, we have chosen the closest generic mercantile use (a pharmacy) where there is significant information available for the use of a drive thru and that would present a conservative analysis to ensure the design of the drive thru facility is appropriate and does not cause internal site circulation issues. To estimate the amount of usage of a drive thru, one must determine the amount of traffic generated by the land use during its times of peak operation. To determine the amount of traffic generated by a given land use, the ITE Trip Generation Manual, 7`k Edition was used. Table 1 presents the estimated amount of traffic entering a site for an arts and crafts store and a pharmacy for the weekday AM and PM peak hours of operation and the Saturday peak hour of operation. Table 1 Trip Generation Amount of Traffic Entering Peak Hours of Operation Land Use AM Peak PM Peak Sat. Peal: Pharmacy 56 69 57 Arts & Crafts Store 33 51 N/A As Table 1 shows, a pharmacy would generate more traffic then a Ben Franklin store (considered arts and crafts store) during the weekday AM and PM peak hours of operation. There is no information available for the Saturday peak hour for an arts and crafts store; however, based on the weekday data, it is likely that a pharmacy would generate more traffic. The amount of traffic generated by each use is based on a building size of 14,500 square feet. "Satisfying Our Clients with 441 South Salina Street, Syracuse, NY 13202-4712 Dedicated People Committed to Total Quality" I 1 315.471.3920 315.471.3569 www.cloughharbour.com r Mr. Jim Carrol Page 2 June 5, 2007 The amount of traffic using a drive thru at a pharmacy is in the range of 6 to 7 percent of entering traffic. To be conservative, we have used a drive thru rate of 10 percent on the higher pharmacy figures. This rate was applied to the amount of traffic entering a pharmacy and an arts and crafts store. The results are illustrated in Table 2. Table 2 Estimated Drive-Thru Usage Peak Hours of Operation Land Use AM Peak PM Peak Sat. Peak Pharmacy 6 7 6 Arts and Crafts 3 5 N/A As Table 2 shows, the amount of usage of the drive thru is projected to, be minimal. It is important to note that the amount of usage of drive thru lanes shown in Table 2 is over the course of one hour. When these figures are translated into how often a vehicle uses a drive thru (for either use), one can see it is very infrequent. During its highest usage, a pharmacy drive thru is used only once every ten minutes and the Ben Franklin drive thru is projected to be used even less frequently. For permit purposes we suggest the higher use, as stores today have to change mix and services quickly to survive. Wait times at a pharmacy drive thru are in the range of 1 to 3 minutes. Typically when dropping off a prescription, the time spent waiting at the window is less than one minute. When picking up a prescription, the wait time is slightly longer because there can be a cash transaction (most pharmacies now take charge data over the phone), however, on average the wait time does not exceed three minutes. The wait times at the Ben Franklin.would be similar for a customer picking up a piece of merchandise. The current site plan and location of the drive thru window allows for approximately 75 feet of queuing space. The standard distance used to determine the amount of vehicles that can be queued is 20 feet per vehicle. The queuing space allows for approximately three vehicles to queue before spilling into the access aisle. When considering all the facts, it is clear that a drive thru window will not cause internal site circulation issues. The usage of the drive thru and the wait times show that there will likely be no more than one vehicle using the drive thru at any given time. The proposed drive thru for the Ben Franklin is designed for two lanes, however, only one lane will be used initially. If it is determined that one lane is not sufficient, then a second lane can easily be utilized to alleviate any internal peaking issues before there is any degradation in service. If you have any questions please do not hesitate to contact me. Very truly yours, CLOUGH HARBOUR & ASSOCIATES LLP �J Timothy R. Faulkner, P.E., P.T.O.E. Senior Traffic Engineer TF/nm cc: Mr. David Meath Ms. Susan Poissant IA13200\South BurlingtonSouth BurfiVon.doc C�1 U . (l F&M DEVELOPMENT COMPANY, LLC P.O. Box 1335, Burlington, VT 05402 802-861-3000 fax 802-860-3003 August 2, 2007 Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Creative Habitat - Proposed "Drive-Thru" Dear Ray: I have reviewed the proposed changes to the Creative Habitat Building, specifically the proposed "Drive-Thru". The purpose of this letter is to confirm in writing that we have no objections to this proposal. Further, please let me know if you require me to submit a revised site plan for administrative approval of the change to the PUD parking plan. Please feel free to call me with any questions you may have regarding this letter at the number listed above or on my cell phone at 343-7055. Sincerely, &u q�� Eric F. Farrell Member /drf CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 19, 2007 Gary Lavigne 245 S. Park Drive Colchester, VT 05446 Re: 518 Corporation Dear Mr. Lavigne: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, C� Betsy Mc onough Planning & Zoning Assistant CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 19, 2007 Eric Farrell PO Box 1335 Burlington, VT 05402 Re: 518 Corporation Dear Mr. Farrell: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, l� Betsy Donough Planning & Zoning Assistant L a 0 N N O O N LLB Do Cl)(15 X N O O LO LLB O LO i J Q _Z LL a J J W 0 7 N _O 0) 0) Cn I I I SEE NO7E J I I I I Q O It W Z T m J W 2 In HOME I AVE. W U) Ir 44 F z w J. an a SNYDER VI ¢ VOL 216 PG 491 IJ Li N04'31 4.97' N S851V to' UTILITY 49.99' EASEMENT TO GMP- REHAR S8511'52E ZONE: RESIDENTIAL 4 _204.92 ZONE: COMMERCIAL 1 BACON ST. f0.241 ACRES N8511'52•W N8511'S2'W REBAR 139.83' -- 70.02' I NIP IL & L 9L001(S M. & P. I M. & ILWARREN I p ^ N� ,VOL 88 PG 404 1 9. BARNEY HENNESSEY Yp,. 461 P0. 69{ N/F i A am E J. KAHAN VOL 387 PG N/F I IF. & J. KOCH IVOL 393 PG. 3981 1 M. STACKMAN I L P. BROOKS 1 IVOL 210 PC.. J I VOL 39 PG 1a vOL 3O PG axe L _I-285-11'11"E 1ZONE: RESILLENTIAL 4 I_ _ _ _ Mom, 477.44' ZONE: COMMERCIAL 1 Y 40'x85' TELECOMMUNICATION to' UTILITY EASEMENT I I a,'d 9TE, unuTY EASEMENT LOT 10 TO �ZON g " 40' TO vER120N 0.833 ACRES Z --- IE� _ _ 58535'10"E i w .25 - _-_____[34 --__7 -307.36'___-- _______--------I---0.042 AC. 10 UTILITY EASEHENTFROM LOT 1 �1$�-__� VERIZON -TO LOT9-_-=N8555`10`W----V. 602 P. 775_ .94 73.00' 'y.J.-.-.-.-. -_ - -- - ----',---- -- - �_ nf-�-101'ObT EX 20 FOOT WIDE 10' UnLI I� UTILITY EASEMENT SEWER EASEMENT EASEM TO VERIZONI TO GREEN MOUNTAIN POWER VOL. 260 PG. 112 V. 8 P.�1, 09PG_4SEMENTFOR6'ETILITYLINES 50 P. 481 b � N/F 7T1 VOL 329 awl U PC. 53, I NI N ras'Ieass W 1 G VOL A 0 OIL . 1- ING N/F LOT 1 AN 128 PCS. O. I A & R. REYES l I Vt1L I20 PG J1 EX. LOT SIZE _ N0339'S2'E SBSLB'09"E 3- ACRES I zs.00' 70.03' -0., ACRES- 8.511'S2'E 3.164 ACRESt 139.57' P.K. NAIL r________r-_________ i u _ _N8617'42"W_ _ II l.i 50 FOOT VWDE ; �!/F THOMAS FAMILY TRUST, ET AL I I ra ACCESS EASEMENT I i TO CHAMPIAIN OIL CO., INC.- 0.423 ACRES u ' m 1 . VOL. 126 PGS.. 1-J pIN sl. 37.6 Ion VOL. 318 PGS BJ & 85 ?Ion IF PLAN VOL. 49 PG. 29 Ion I 2 I� `tB7B 4• I "_ _ _58817'42'E- _ I 1u i-------------- lb].SS_________________. LOT 7 N6g-O ;OMMON LAND ,�i t 0.160 ACRES _rat IQ'n rRON PIPE 216.36' N69V4'39'W N8555'10'W 88.92' R-150' N85.55'10"W N/F HEATHCOTE ASSOCIATES, LP VOL. 211, PG. 56 VOL. 217, PG. 1 I Iz at LEGEND I 1 - - PROPERTY LINE -------------- TIE LINE ------------------------ EASEMENT __---.- -.--- ---- -- RIGHT OF WAY 1 ------- ZONING DISTRICT LINE -x-x-x-x-- FENCE l O IRON PIPE/REBAR FOUND I ❑ MONUMENT FOUND ❑ MONUMENT TO BE SET 0 5/8- REBAR W/ SURVEY MARKER I TO BE SET I CALCULATED POINT In, POWER POLE 283.48 I' 1 50' CONSERVATION & OPEN SPACE DISTRICT e PROPOSED 20 FOOT WADE RECREATION PATH EASEMENT \ TO CITY OF SOUTH BURLINGTON I I 91 -h_____________ ___ ------------- PROPOSED LOT 9 2.180 AC. +0.042 AC. -2.222 AC. 24' R.O.W. TO BURLINGTON INDOOR TENNIS CENTER. INC. -PROPOSED 20 FOOT WIDE RECREATION PATH EASEMENT I TO CITY OF SOUTH BURLINGTON NIF N/F N/F N/lr n ! K. J04NSON E. RE9DWCIDN L 413 PG 849 VOL 146 PG 52 I I A 9AROMIX VOL 117 PG. 173I N. OSBORNE i IwL. NO PC. 602I1 N/F IN. & A METBBLL N�. I G and L BOLENDER I I G NIPLIN I~ a 1NTL 455 PG 113 I V°L. 437 PG. 423 1 Nat. 392 PG 1331 li ZONE:_RESI ENTIAL 4- 1 N8511'11 , I ZONE: COMMERCIAL 2 - _ 533.38' - BURLINGTON INDOOR TENNIS CENTER, INC. LOT 8 VOL. 260. PG. 112 VOL. 197, PG. 63 NEW LOT SIZE=4.082 ACRES F-------------------- I I la I I II TENNIS COURTS 1 I I I I I I I I I L-----------------J _ 58511'11"E _ _ PROPOSED 1S FOOT WIDE 444.69' SIDEWALK EASEMENT TO DEVELOPMENT ASSOCIATION "EASTWOOD COMMONS" LOT 2 LOT SIZE = t2.203 ACRES REF. PLAT B 37.92' 58.86' 62.29' S73'22'{0-E R-153.5' R-4S.50' 74.48' S60 R=171.5' B1,g017j\_ REBAR 3 0 X m I LOT 6 �N -_-58555'f I ! COMMON LAND 62. O. 159.03' - 1 m I t0.392 ACRES 0�90� k 1' NEW FARRELL STREET ; N8534'16-W _ _ R.O.W. o 298.J9' N7322'40"W _ ---N8535'10'W_ _ �^ R.O.W. THROUGH 73.18' 159.03'� LOT 6 IN FAVOR OF R-168.5 �� q�71j lii I LOT 3, LOT 4 & LOTS _ I I N7524'14"W �4•�+�J .d, ) S85.5416 E I I I 84.50' •,}` r. 36.581 !II I I SEE REF. PLAT A N6231'45'W ii R-231.5' III I I 16.37' I I I R•-231.5' II III I � II mil I �- OR i 1 i I "65 FARRELL ST." Ili i--'I LOT 3 ii W �!L r t4.449 ACRES I I I R.O.W. THROUGH LOT 3 IN FAVOR OF I I z7.9w I LOT 4 &LOTS I I w 24' l I111 1 -I I-S' SIDEWALK EASEMENT II I li TO LOT S ) ' -.-.-_-.-.-. 55 II _� 585'10'E ' r____________ I I II 555'10-E 1sue- 180.J0' 085 ' DRAINAGE i i - 316.44' _- 26. N ASEMENT N04'05'44"E J:J 6.26' `1` I I R.O.W. THROUGH i 4, �:� -1 5- SIDEWALK EASEMENT LOT 4IN FAVOR vow THROUGH LOTS 3 & 4 LOTS &LOTS a TO, 1\ iell I a0 �I2 11 To LOT 5 i $ ' 990 LOT 5 Y I �°�ti1 '' COMMON LAND = '� J$ .J"CITYS EDGE" t1.786 ACRES > i I �..-..�.. �..-.._.. /, LOT 4 f' t1.601 ACRES ELECTRICAL EASEMENT /w PAVER`\A' & OtAf _-`SERV P.APEE SPACE .-' 0�' WATER & NATURAL 01`�' ",MON x GAS EASEMENT N78.40'40.E 01 ^ 53.60' C N8�6,OEtM�1 H1MW'1 RAP PR CT x 7 I - �'RU ON DL 4 pis 99_ 00 Iy5'35.E MOW MQV. 4.63' VOt- 19A• REBAR 244.67' I 80�58' S85'55'10"E N853510"W FARRELL STREET J ]CALL: 1 - ZUVU feet NOTES 1. The purpose of this plan Is to depict revised final boundaries of the O'Dell Parkway PUD. Reference Is made to Reference Plane A and B. This revision reflects the division of Lot 9, Lot 10 and Lot 11 from Lot 1. This revision further reflect. the adjustment of 0.073 acres from Lot 8 to Lot 9. This revision depicts the adjustment of 0.042 acres from Lot 1 to Lot 9. 2. The boundary survey was performed with an electronic total station and a steel tape. 3. Bearings are referenced to astronomic north based on existing monumentation recovered along the eaeterty sideline of Farrell Street and odor observations taken October 20. 1999 and December 21, 1994, 4. Farrell Street has a 60 foot wide right of way. Reference Volume 211. Pages 237-238. The right of way was determined from existing monumantutlon and the plane entitled "Farrell Street" dated December 6, 1962. Sheets 2-6. recorded In Volume 197. Pages 85-89. 5. Shelburne Road has a 99 foot wide right of way determined by existing monumentatior and the traveled portlon of the road. Reference Town of Burlington Volume 2, Page 749. 6. Hadley Road hag a 50 foot wide right of way determined by existing monumentation and the traveled portion of the road. Reference Volume 11, Page 19 and Volume 11, Page 230. 7. Municipal water owvl", atm sewer, sanitary sewer, telephone, electric and gas services are avollable at the o lot lines of this parcel from the point of origin through public right of way. or corded easements. B. Not within the scope of the survey, there has not been undertaken any Investigation whatsoever with respect to whether the property and each component there of le in compliance with local or State permits. 9. These pr7sg1es Ile within the Commercial 1 and 2. Conservation and Open Space Zoning Districts and Residd tial 4 Zoning District (SO strip of land to Hadley Road). 10. Existing 1" Iron pipes were found disturbed by snow plowing and mowing. They are to be replaced by 5/8' rabors to be at. 11. There Is on easement to extend and maintain highway alopes and embankments In this area. Reference Volume 194. pages 199-201 and State of Vermont Highway Project BurlingtonM(5000)1. Sheet 41. 12. The Thomas Trust parcel Is benefited by easements for Ingress and egress, parking, utilities, building canopies and maintenance. Reference Volume 50 page 481 and a mop entitled "Plan and Land Easements, 518 Shelburne Street, South Burlington. Vermont, Thomas A. Farrell, Owner . doled October 24. 1959 recorded in Volume 49 page 29. 13. This portion of Bacon Street will be subject to an Irrevocable offer of dedication to the City of South Burlington. PLAN REFERENCES A. "FINAL PLAT - O'DELL PARKWAY PUD" prepared by Civil Engineering Associates, Inc. dated July 2000, last revised 9/19/2002. Recorded South Burlington Land Records. B. "Boundary Ad)ustment Between Lot 1 and Lot 2 - O'Dell Parkway PUD', prepared by Civil Engineering Associates, Inc., dated 4/23/2004. Recorded In South Burlington Land Racorde. C. "Plat of Survey - Seaway Shopping Center Corporation and Thomas A. Farrell", prepared by Jahn Marsh, doled 6/4/81, last revised 10/22/81. Reference Volume 173. page 73. D. -Factory Outlet Canter - Site Survey Shelburne Road prepared by F. C. Koerner, dated August 1982. Reference Volume 173. page 51. E. 'Touchdown Properties - Plan of Land to be acquired from Gordenway Incorporated', prepared by F. C. Koerner, dated November 1985. Reference Volume 200. page 18. F. "Lands of Hwthcote Associates - Property Plat', prepared by Lamoureux. Stone, and O'Leary, dated 6/2/95. Reference Volume 365. page 112. G. "State of Vermont Highway Pm)ect Burlington M(5000)1' plans dated 12/13/82, filed In the City of South Burlington Land Records. 5-11--06 TRC "M PROPERTY LIE BETKEN LOT I A 9 10-4 05 TRC ,Ion LOT 11 - REVISE ARErs 9_3D-05 TRC REVISE It CORRECT NOTES 6-25-M TRC wE m LDGTKN OF wlzaN EASEMENT Date Ch'k'd Revision Drawn by Checked by Approved by ACL TRC TRC Date DUNE 20, 2005 nal OrigiScale 1 = 60' Project No. 99101 R c:-C GRAPHIC SCALE V� D AU IN FEET I Inob -So IL `,l' Of SO BUryin t 9 on To the best of my knowledge & belief this plat properly depicts the results of a survey conducted under my supervision as outlined in the note. above, based on our analysis of records & physical evidence found. Existing boundaries shown are in substantial conformance with the record. This plat substantially conforms with 27 VSA 1403. Timothy R. Cowan VT. L.S. 597 REVISED FINAL PLAT O'DELL PARKWAY PUD '"'•r4! rIP;INa �11IG tia�rl?1ri (r IPIr:_ SHEET _ sr LB F J yT , 4 { .J13 FRY.. 6a198'> Z>t CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE. 1 f ,� � 2pp 7_ NAME IUA11 IAir_ Annnrc.r, � a� ► �, � �Y �+�+I,wv PO -23 g- r1wJCl, 1 yr IN i tKLb r)/�-) Z../,-y 7eA o T �Pe R9 t 3 3 1— vTorLfoz Co SD %� At /✓ C-F WA1W44 V V S N P�-N JJ t OF SOUTH BURLINGTON____.__.___.__�.___...____.._._.______._._ Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: NAME nn ell Wt-_ A �Mnr-rlr� r-rtvJCl, I VI' IIV I tKtS I CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 19, 2007 Jim Carroll 1891 Williston Road South Burlington, VT 05403 Re: 518 Corporation Dear Mr. Sperry: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on September 18, 2007 (effective 9/18/07). Please note the conditions of approval, including that the amended final plat plans must be recorded in the land records within 180 days (must be submitted & recorded by March 14 2008) or this approval is null and void. If you have any questions, please contact me. Sincerely, ant Bets cDonough Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7006 3450 0002 0949 2014 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number SD- CITY OF SOUTH BURLINGTON APPLICATION FOR PRELIMINARY SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER (Name as shown on deed, mailing address, phone and fax #) v W&2_-0&q(e 2) LOCATION OF LAST RECORDED DEED (Book and page #) V1QL �1�T��S �3 9 b5 3) APPLICANT (Name, mailing address, phone and fax #) 4) CONTACT PERSON (Name, mailing address, phone and fax #) 1 M (Affoli Rql tol.111 .) SUP S l rIi-11A W . Jr0tiybS a eIto55-l9oI l055-J9oy) Contact email address: �Qm SOri�a . !'.�M . I I/2 GS ��IY y not , (,p MJ. 5) PROJECT STREET ADDRESS: 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0&7iQ - Ob5 % 7- 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) b) Proposed Uses n property (include description and size of each new use and existing uses to remain) Z` d� 1 ' fD V - C �n1l�V A rtd�ccs t � pkw, �g +V rA -over �,h; � eu�lMvici CV&fD AW sa�isF� , . c) Total building square footage on property (proposed bui�ings and existing buildings to remain) 94' -3U4 Ic /or,'4i-."14.1 -1777 cc -4„ Iv1-AAA /J"VI) _ikAi AVin ISr) d) Height of building & number of floors (proposed buildings and existing buildings to if baseme, t and mezzanine) 2 �nn�S iM �/lY (f 46 hI A i Ad An / Wi�do i � w i e) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) [)Ag JiIVl[ g) Other (list any other information pertinent to this application not specifically requested above, ease note if Ov r ay Districts are applicable) Q%JU � i& - r hc�l C�,( � b►1i�f YJa nYJ_S h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. 8) WETLAND INFORMATION a) Are there any wetlands (Class I, II, or III) on the subject property? b) If yes, is the proposed development encroaching into any of these wetlands or their associated 50' buffers? c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: 1. a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 2 9) LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a) Size of Parcel: 18 r b) Building Coverage: .4e- ".1- f '0*9 Existing square feet 166 % 7,11,e r Proposed square feet 160 % C c) Overall Coverage (building, parking, outside storage, etc): Existing 8�o square feet /00 % Proposed square feet 160 % d) Front Yard Coverage(s) (commercial projects only): Existing O square feet 100 0 Proposedy square feet /00 (& % 10) WAIVERS REQUESTED a) List any waivers from the strict standards in the Land Development Regulations (e.g., setbacks, height, parking, etc.) that the applicant is seeking 11) COST ESTIMATES a) Building (including interior renovations) $ 2 3, S/SD do b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ c) Other site improvements (please list with cost) 12) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out) b) A.M. Peak hour for entire property (in and out) c) P.M. Peak hour for entire property (In and out) S-e,e- S'T✓o% 3 13) PEAK HOURS OF OPERATION 14) PEAK DAYS OF OPERATION 15) ESTIMATED PROJECT COMPLETION DATE /Fa 219�f 16) PLEASE LIST ABUTTING LAND OWNERS (including those across the street). You may attach a separate sheet if necessary. )*- M 17) PLANS AND FEE M Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (1 I" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICA T / �e A SIGNATURE OF PROPERTY OVVNER Do not write below this line DATE OF SUBMISSION: I have reviewed this [�- Complete plat application and find it to be: of Planning & Zoning or Designee ins 4) Date 4 (J V ?— Permit Number SD -(- CITY OF SOUTH BUFLINGTON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) WAk t o T Ic P z� 11r li Itgiz�l , Vrn S 16 �Le. 1:L -- 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) 51R_('l'�rfp1tlVP �Qh► iictafi old f" I Yurli�af�Li 4�1"05y03 K o7 o��►1P 4) CONTACT PERSON (Person who will receive all correspondence from Staff. Include name, address phone& fax M 0/ Contact email address: My beT e fi}S0m1 j'ri4 a - , yp LVSP)(ynef . t!oM 5) PROJECT STREET ADDRESS � BU t I (/)6& ; Vr05 y0 3 C -F Merkk 6) TAX PARCEL ID # (can be obtained at Assessor's Office) n� -'�() -o0514 7) DETAILED PROJECT DESCRIPTION a) Existing itses on" Property (including description and size of each separate use flyih►" b) Prc remain) c) Total uses on property (include description and size of each new use and existing uses to uare toot a e on property (proposed buildings and existing buildings to remain) 22ZZ +D fVtj)W 44A, ALA' ►/n _+,f,, i d) Height of building & number of floors (proposed buildings and existing buildings to remain, basement and mezzanine) Pad T�b� , � e M i n /1 4 kf OY nVM J e) Number of residential units (if applicable, new units and existing units to remain) A I a f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) 16 prn0lbuDo ML g) Other (list any other information pertinent to this epse,note if Oyerlay Districts are applicable) Mi (1A h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. Nav 8) WETLAND INFORMATION a) Are there any wetlands (Class I, II, or III) on the subject property? b) If yes, is the proposed development encroaching into any of these wetlands or their associated 50' buffers? c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: 1. a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 9) LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a) Size of Parcel: (acres sq. ft. � '�� W44*- �U� o�✓��U.O b) Building Coverage: 46 (. Existing 100 square feet _ % Zzur Proposed square feet c) Overall Coverage (building, parking, outside storage, etc): Existing 16 0*46D square feet l V O % Proposed / � r#WO square feet 16 J % d) Front Yard Coverage(s) (commercial projects only): Existing Wo do square feet o a Proposed /f'i%f.00 square feet !do % 2222 5F i ni(✓��Y 10) AREA DISTURBED DURING CONSTRUCTION: -;c)o St% (:* emn q. ft. * *Projects disturbing more than on -half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 11) WAIVERS REQUESTED a) List any waivers from the strict standards in the Land Development Regulations (e.g., setbacks, height, parking, etc.) that the applicant is seeking / 12) COST ESTIMATES a) Building (including interior renovations) b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ c) Other site improvements (please list with cost) C) 26 13) ESTIMATED TRAFFIC (to PYOPOA cte- s pv ob md�"P..� to�I c; QS a it 5 U 1� of �l+S P'jei+ a) Average daily traffic for entire property (in and out) , 191 a b) A.M. Peak hour for entire property (in and out) c) P.M. Peak hour for entire property (In and out) VI 14) PEAK HOURS OF OPERATION (10 DYI�OoS ��e��p5 15) PEAK DAYS OF OPERATION n0 Vvo 16) ESTIMATED PROJECT COMPLETION DATE d1 11& I"Mi f 0 (Wa i & Sys 17) ABUTTING LANDOWNERS — please list abutting landowners, including those across any 16) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: 011�lb I have reviewed this preliminary plat application and find it to be: VcOmp. 4 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: April 27, 2007 \drb\sub\ben franklin_drivethru.doc Plans received: April 10, 2007 518 Corporation - PLANNED UNIT DEVELOPMENT SKETCH PLAN APPLICATION #SD-07-26 Agenda # 6 Meeting date: Ma 1, 2007 Owners Applicant/Contact Herman and Mavis Thomas 518 Corporation 514 Farrell Street 518 Shelburne Road South Burlington, VT 05403 South Burlington, VT 05403 niaj Jim Carroll 1891 Williston Road Suite 3 South Burlington, VT 05403 Site Engineer Property Information Civil Engineering Associates Tax Parcel ID 0670-00514 928 Falls Road Commercial 1-Residential 12 District PO Box 485 23,739 square feet Shelburne, VT 05482 Location Ma CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\ben franklin drivethrudoc 518 Corporation, hereafter referred to as the applicant, is seeking final plat approval to amend a previously approved plan for a 24,749 sq. ft. retail and office building. The amendment consists of converting 2,222 sq. ft. of the retail store to a drive -through facility, 514 Farrell Street. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on March 21, 2006 and have the following comments. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements C1 Zoning District �• Min. Lot Size + Max. Building Coverage + Max. Overall Coverage + Max. Front Yard Coverage .� Min. Front Setback Midas Drive .� Min. Side Setback Max. Building Height Required Proposed 40,000 S.F. 18,426 S.F 40% 100% 70% 100% 30% NA 30 ft. 0 ft. 10 ft. 0 ft. 35 ft. ?? zoning compliance + pre-existing noncompliance N/A the building has no frontage on a public or private road; the building line is the property line The applicant has not stated the actual height of the building. Though the height of the building is not proposed to change, it shall nevertheless be specified. 1. The applicant shall state the height of the building. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the Land Development Regulations the Development Review Board shall consider the following in its review of subdivision and Planned Unit Development (PUD) applications: (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. Pursuant to Section 15.13(B) (1), municipal water service must be extended to serve the proposed development. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\ben franklin drivethrudoc The South Burlington Water Department has stated that there is no need for them to review the plans related to this application. (b) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 2. The applicant shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. (c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed access to the drive-thru will be through a portion of the building which currently exists. The applicant is proposing to cut an opening in the southeast corner of the building which will be approximately 14 feet wide. It appears that this lane will then widen to 22 feet but such is not fully clear. A note on the plan defers to architectural details which were not submitted to staff. Vehicles utilizing the drive thru will then exit at the northern side of the building. Access to the drive through portion will be via western curbcut near the property and via an already approved one-way travel lane. The building is not proposed to be enlarged and therefore there are no additional vehicle trips estimated. (d) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are no wetlands, streams, wildlife habitat, or unique natural features on the site. (e) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed development is in keeping with the goals for development within the Commercial 1 (Cl) Zoning District, as set forth in Section 5.01 of the SBLDR. (� Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The subject property is entirely covered and cannot provide any open space. (g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The existing building will not be changing and the Fire Chief has stated that he does not need to review these plans. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\ben franklin drivethrudoc (h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. There are no additional roads, recreation paths or stormwater facilities proposed (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. 3. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 4. If any new lighting is proposed, the applicant shall submit a site lighting plan and lighting cut sheets. The proposed lighting is in compliance with the requirements of Section A.10 of the Performance Standards. 6) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). In general, staff believes that the project is consistent with the goals and objectives of the Comprehensive Plan. Per Section 5.01 of the SBLDR all applications for a drive -through facility shall be subject to conditional use review and the following restrictions: (a) Compliance with Traffic Overlay District Provisions, if applicable; The proposed project falls outside of the traffic overlay district. (b) Compliance with an approved access management plan, providing for curb cut consolidation and secondary access; The access management plan appears sufficient with respect to curb cuts. (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. The applicant shall submit a report from a traffic consultant addressing this criterion. 5. The applicant shall submit a review by a traffic consultant to determine adequate stacking lane length and aisle width. Again, the proposal shall be evaluated for conditional use review: a. the capacity of municipal or educational facilities Staff does not feel that this project will adversely impact this criterion b. the planned character of the neighborhood Staff does not feel that this project will adversely impact this criterion c. traffic on roadways and highways in the vicinity CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\ben franklin drivethrudoc As previously noted, this proposal is projected to generate a significant increase in the vte's of the lot; however this will not have a net adverse effect. d. bylaws in effect This proposal is in compliance with the bylaws. e. utilization of renewable energy resources Staff does not feel that this project will adversely impact this criterion Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: SITE PLAN REVIEW STANDARDS (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. All of the parking spaces needed and proposed as part of this application are not located on the subject property. The applicant must obtain approval, in conjunction with a related application, from the adjoining property owner, prior to preliminary plat approval. 6. The applicant shall obtain written approval from the abutting property owner for permission to use the parking spaces surrounding the subject property. The abutting property owner must apply for the shared use in a related application. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. The site plan does not depict a bicycle rack. 7. The plans shall be revised to depict a bicycle rack. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Again, this shall be addressed at preliminary plat. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. Staff has already addressed this; the applicant shall submit information pertaining to the height of the building. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Staff has already noted that any new utility lines shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. CITY OF SOUTH BURLINGTON 6 DEVELOPMENT REVIEW BOARD No new exterior construction is proposed. DEPARTMENT OF PLANNING & ZONING \drb\sub\ben franklin drivethrudoc (t) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. No new exterior construction is proposed. In addition to the above general review standards site plan applications shall meet the following specific standards as set forth in Section 14.07 of the proposed Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No additional reservation of land shall be required for this application. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already indicated that utility lines must be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Landscaping This will be addressed at the hearing. Staff is awaiting some clarification on this matter. RECOMMENDATION Staff recommends that the applicant address the numbered items above and proceed to preliminary plat application. Respectfully submitted, Cathya V L. LaRosev,Associate Copy to: Jim Carroll, applicant I EX II '1� NT I / I , . HYDRA — — — — — — 1-- HUT —OFF VAS QI If CHAMP IN I i; v`;;/: 1, ISTING OIL CO. INC. \ :,;,;;,,:':;> \ II i `\ <•',,'; ; U ILITY POL Nil II I I i \`,•;,,,�,/,•q';� III II � I I , 1 , \ \� i/;/,%; a/,/:',':•;/% � \ I III // I � i \ `\ \`` a'; i,•/�/ > - - - -�---- - q I IA. and R. REYESI (�f C/) `� TRANS (7'X14'-- - `- I / � Y'EX. CONCR��6 PAD I , LOADING/UMLOA6QING I II -- ---------------J-----I------- , AREA I ` II I (�-----------1� Ex------DU�4PSTER I 1 NEW BOLLARD - - YI I EX. GAS METER _ I n + I I * IF NECESSARY, F 1 I I POUR A CONCRETE RA I 1 OYER EXISTING CONTH R B1/2' REVEAL g I U \ _ I t 9 g 51 1 1 0 - C PAD I- lip 1 '••..,,.r,�4.� rvm a ■DRIVE ITHRU (SEE 1 c N�,� 1'II IIIIUE •rW-5141.1.4ti: !�'i1 1 1 �11;; 11011 1 Fa. CD .1.1.1.11 1 �1a :441A� BLOCK "'�1111111 11�11.1j1,1 •1 1I i. 1 1 - p I I I I I I I � I I b I I I I P N I J 8" WATER II i WVNY BUILDING RENOVATION FFE 213.5 SITE ENGINEER: 5k CW IENOPEEFM A &Tim, K-- 51iE19URNE, YLRMONT TEL 802-985-2323 FAX 802-9B5-2271 ACL DF C� yt�Q,W'YA YRf SAY "� a22G lPfllOPAD '�I4Tf•'�O SAV DNAL PROJECT: BEN FRANKLIN I LI I I PAD---- - -- NE III :( it II I I I /. — — —.yys— — — EXLSiiNG CDNTLXIR (LI ------ PROPOSED CONTOUR PROPERTY UNE (APPROXMA i loading dock EASEMENT LINE and dumpsters O IRON PIN CONIC. MON. /• SS--- GRANTY SEWER UNE MH #10 W —._ WATER UNE 1 of---- OVERHEAD RIM=216.45t ELECTRIC INV. IN=211.45 ST--- STORM DRAT' INV. OUT=211.35 UE--- UNDERGROUND ELECTRIC T — — — TEFPHDHE UNE G--- GAS LINE IiJ ® MANHOLE HYDRANT J I • SHUT-OFF b POWER POLE T s+GN CULVERT • CATCH BASIN EDGE OF BRUSH/WOOOS %Eaouas-TREE --- _. LI01LP� jfI CTgtL WETUND f --- --- -- -- _ _--- ----c E — — ® BIKE RACK IW11NC DIST�,'-�. SIGN BACON % RT 7 ACCESS' �' RREL — I �v� Y"vilJE , , I 1 1 _--- —_-� City of So. 111Jr11n PLAN 9tadr IY1E ➢ILL1,[NG RG1� GRAPHIC SCALE , x f ` —2 I E PCHo r p n ,': u I Ex , BUILDING i \ I I RI=207.95 EX. _MH I=201.95— -- RIM=209.87 I tjl/:=203.57 — — ---- --- II �, _------- --- 1_ I--------------------------- -------------------- {----- EX. MH _ -- ------ _ _�_====-i- Z I SS-------- {-------- �SSI----..--T- r ---5 1 I 12` SDR 35 PVC ----- �-- � TEL, Cf4 I � I I H �9 IM-214.Of I V, IN (E,S)s206.2 3 164Tacre�s i ❑i ❑ i I V. ff](W)=206.1 co lJJ 4' i;,; '',� \ I \\ iw 8` WATER MAIN) I I I'' 11 11 q 11 I I I \� I I I W q I I I I I I I I -';-� \ \\ WVNY BUILDING CHAMPLAIN 1 I i II II `\ �. =� t' `I `\ IsnNc OIL CO., INC. • ; 1:i,� \ �y•,p;;,;-?, \\ u urr P RENOVATION r� EO. BE ♦\ ��,,,,.d yt;' ',! ,�� _ I FFE 213.5 ce I, I R MQVED \ c.'; •h'i,;� ; #s —�� I s I Ex-ce #s7 IA. and R. REYESI I `� i \ A II� I \ \ EXIST. I fr,� RIM=210.41 \ \ inc _j I I I IINVI _N \\ '•�l'' jRAN3 (7x14' --- 10.2 i 1 i I 1 II I EX -CB #59 - - y(X ODNrl PAD L__- -_ __-----iJ I IMEA I . 05.2 I I IIC II RIM=209.7 Ex l I RIFYI I I I I I INV.=205.4 �•- - -------DD4PSTER I n -- --- 1' r O - - - - - -- i i Ex. GIS PETER - I---ia--• i .III --_ - - Ln # RI I / / _ RIM=21210a INV.=205.8 .8 — I c+ < /- and dumps ers - .{ O EX -CB #58 RIM=210.98 INV.=206.7 I� I tl cs-11 I I � I I �7 r 7 I I I II I _` coil � • � KIf•A=211 RfM�271'�59 �., '•► INV.=208.0 INV.=2Q6.2 I oII'i�il.!il j%dQ1S i I I P C 1 I I EX. LbRINI � � J/� I &SHUT—OFF VA(1ti/E I !II HEATHCO EI' ASSO--CIA ES, IIII jli � �I 7 I I I II I _` coil � • � KIf•A=211 RfM�271'�59 �., '•► INV.=208.0 INV.=2Q6.2 I oII'i�il.!il j%dQ1S i I I P C 1 I I EX. LbRINI � � J/� I &SHUT—OFF VA(1ti/E I !II HEATHCO EI' ASSO--CIA ES, IIII jli � �I � MH RIM=27 SITE ENGINEER: RECESSED 4 cuR Bo - BETA I CIVL Bi0Nl0 A�C,iA7ffi, lIC. PVC t 2�S(3� 35 PVC SHELBURNE, VERIAONT TEL 802-965-2323 - `--- -- - - ---- - -- FAX 802-985-2271 AMZE OF CURB I` ft'AMP I 'RETAIIMNR 8AV rsuG � APPR APp•pym � `hf U jv I W � CONC. CURB /Y I CONC. CURB ( SIDEWALK / I I I I ' £ -_5`WTOE CON -- t y' H.C. R �t I C �. •O SENIOR HOUSING I I I YARD FDC A MAIN_ H 00 RM264f IVN214 N. OT213 a I O1- A L ' o �FRE 1' WDIE PT L SV * APR 10 EX. EB # RIM � 207.8 CiPy Of $O• Burlington VI=203.9 , I � -CB #14 R -217:6 IN 203.5 f i EX.- #16 - 7.8 V.= 04.0 _ I I BEN FRANKLIN cn OZ J O� Z LEGEND nw O - Jx- - - EXISTING CONTOUR w 7311-'- PROPOSED CONTOUR - - - PROPERTY UNE (APPROICIMA Q � EASEMENT LINE w a IPDN PIN ■ GONG. YCN. 55--- GRANTT SEWER UNE W--- 'WATER LINE -0E--- OVERHEAD ELECTRIC -ST--- STORM DRAIN ' UE--- UNDERGROUND ELECTRIC T -' - TELEPHONE LINE c--- CASLME ® MANHOLE NYORANT SNOT -OFF t POWETt POLE -'- SIGN CULVERT ■ CATCH BASIN - - /� EDGE OF BRUSH/MOODS DECIWOUS TREE M// SEX -CB #32 CONIFEROUS Taff EX -CS #34 RIM=214.37 INV.=208.25 ,. ua+T POLE RIM=215.46 WETLAND INV.=208.5 EX -CB #33 ® slxE RACK RIM=215.4 ZONING DSTEacr nAn mc� av®N -- I _ E STA EXISTINGX CON®fT10N ~• � / PION � Dump — • nA18 DEAYIIVr Am]BE3 �'.c SIC BROTH -6VlRs TEI ,tea aWS SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 June 21, 2007 Jim Carroll 1891 Williston Road South Burlington, VT 05403 Re: Minutes - Ben Franklin Dear Mr. Carroll: For your records, enclosed is a copy of the approved May 1, 2007 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy cDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number SD - APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, 4L07?6f 4?"C k# 11'1) V1 06I%3 �lzo�vC �6 2-O6 s16 - le ss` i sa/ 6's� Aga 5/ 2) LOCATION OF LAST/RECORDED DEED (Book and page 3/8 pGs -3 o Fs' 3) APPLICANT (Name, mailing address, phone and fax #) s/8Ca2,dw� �GL��jz>.bS�y,7si .e�i' _e7syo 3 �dZZ-o6Y�, 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) 5) CONTACT PERSON (Name, mailing address, phone and fax #) J,hi G%9Ri2oi/ Lb SS-/40/ ,) lZ3s�o; Contact email address 6) PROJECT STREET ADDRESS: 5/S/ /154C/ A&�- 7) TAX PARCEL ID # (can be obtained at Assessor's Office) tl�)6 70 8) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Hers b) Proposed Uses on property (include Aeailc64 --O er STL.o /��iZ'l,Ei}2 iD cw'I//.'JCL CGtT07Jy,+G� 5.9�S //�. '�!•�o^• 1S I'�L Si%Ya/A�9z �vC%.oin�v7' Jl�u d o 28.vi Y-r� �vs�yv t�1� ,ol7v. c) Total building square footage on property sed buildings and existing buildings to remain) d) Proposed height of building (if applicable) Z AOW /9/�2/' ol" 1-2.1e' r��/�1�, 6flao4Sj A& e) Number of residential units (if applicable, new units and existing units to remain) A1'4 f) Other (list any other information pertinen to this application not specifically requested above, please note if Overlay Districts are applicable) 7,,%,r L p-; r, ti 9) LOT COVERAGE a) Building: Existing 6 % Proposed o O % b) Overall (building, parking, outside storage, etc) Existing,z,p o % Proposed /o O % c) Front yard (along each street) Existing /✓//-- % Proposed NV/ 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) ADJjaw7 Ny,0 sze o44.J 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) /VO4.4 12) OWNERS OF RECORD OF ALL CONTIGUOUS may be provided on a separate attached sheet) 7- , I G TIES & MAILING ADDRESSES (this 3 13) ESTIMATED PROJECT COMPLETION DATE 9- D 11 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11 " x 17") of the plans must be submitted. A sketch subdivision application fee is $125. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. NATURE OF APPLICANT ATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: c/ ! ) ,j / I have reviewed this sketch plan application and find it to be: Complete - -) ❑ Incomplete„ 0� ( �11161,� & Zoning or Designee Da e 3 No Text i i ■ot --- -_ --ter No Text I I I > I I!a I I SEF NOTE J t �F I z R O ( o N/F W 1 and B. SNYDER I UI91 2 VOL 216 M 4 l� 4.9 Ta 4.97 7 10'. UTILITY 49.99' 5/b'REBAR EASEMENT TO GMP - 58511'32"E ZONE: RESIDENTIAL 4 u 'E0r92 NE: CCFMMCIIA�L 1 BACON ST. u ±0.241 ACRES 14 N8511.32"W_ N8511'S2"W Q 5/8' REVAR 139.83' 7U.U2TW Q I I II11T�IIL I I � 1 1 u W N/F IN/F N/F N/F L a L BROOKS I N/F I M. a P. Y a J.wARftEN N/F IVOL 88 PG 404 B. BARNEY HENNESSEY IVOI. 461 P0. 694I N/F =I A BOUCNE I d KANAN IVOL J67 PG N/F ( IF, a J. KOCNMAN r i IVOL 393 PG 3901 I k STACKMAN I L P. BROOKS I IVa- 219 PG �J vaL J9 PG 1B VOL 30 PG 326 a 'Tve II U - L -I�a 1111'E 1ZONE: RES14ENT1AL 4 I- - - - M� I <._< 477.44' ZONE: COMMERCIAL 1 i� rin 40'xe5' TELECOMMUNICAnON 10' UTILITY EASEMENT w A° el d SITE, UTILITY EASEMENT LOT 10 TO vv6ZON ; ; N W. WOUIT •t7_:_ TO VERIZON 0.833 ACRES 2 voL 329 ull U PG SSt z585'S510"ES85-55'10"E___M =____ _-___J____307.36___ r __-__-__z' _----------- N' N e10' UTILITYEASI]#FNTI -- 1 'eVERIZONl� o65'55'10'W V. 802 P. 775 To LOT 9 0 _ I - - t7C-10 FOOT WIOC '- -^ FOOT WIDE TO, U11U-_y. Ulilltl EASEMENT SEWER EASEMENT EASEM TO VERIZONI TO GREEN MOUNTAIN POWER v0L 2" on, 112 I V. 6 P. 5 VIK_ 109 PG. 364 I '/%-9\Ifl�,� EASEMENT FOR LINES 89' •18'E yVOL 50PG. 481 f�WVNY OHNEPLAIN OIL CO., INC. N/F LOT 1 Z VOL 126 PfS 1-3 I A a RL REYES I i N0339'S2'E I VOL 120 PG 31 EX. LOT SIZE ACRE _ zs.a y 585TN7'09'E 3.206 > E 7a.o3' -0.042 ACRES- I M 3.164 ACRES± I J u 139.3Y PX NAIL Y42'W-r�_+--------- LI-I = m V 50 FO07 W DE i �I JF THOMAS FAMILY TRUST, ET AL� ACCESS EASEMENT i k� 1 �^ TO CHAMPUIN O11 CO., INC. H u 0.423 ACRES o VOL 126 PGS _i-3 B611' .. i H_j OME I 37.6 ��la VOL VOLGS 8J & .9 Sim I ,y � IE PLAN t49 PG 29 Ion I = S AVE. S8617'42'E- _ I ,url�.iu .............. W D O It vi 44.80' ^ NS?yt- ` _ _ 232.55' N8535'10'W - - u lj N89T)4'39'W LOT 7 Vo- 86.92' . � COMMON LAND L �9-W R-150• f ±0.160 ACREStaf�4'LS' _ 583_N55'WI0'W T- hwN PIPE 216.36' 283.46 LLp I r N/F HEATHCOTE ASSOCIATES, LP p VOL 211, PG. 56 I VOL 217, PG. 1 ----_-___- PROPOSED 20 FOOT WIDE RECREATION PATH EASEMENT TO CITY OF SOUTH BURLINGTON 1 N/Ir a "WON K N/F N/F I REDDDC70N L 415 PG 6401 I A BARONpt N. OSBORNE I d IVOL N/F VON. 145 M 52 N/i VOL lA PG. 77]I 410 PC. 6a21 j a R a A. MERRRL N/F I G and L BOLENDER I I G UNK I I~ 4voL 455 PG 113 I VOL 457 PG 425 I NOL. 392 PG 1351 i _ - - ZONE RESIDENTIAL 4-- ZONE: COMMERCIAL 2 533.38' BURLINGTON INDOOR TENNIS CENTER, INC. LOT 8 VOL 260, PG. 112 VOL 197, PG. 63 NEW LOT SIZE=4.082 ACRES _T______--..____ T ____YI I i I _lo I l i i +Ivt I I PROPOSED I I 2180 AC. Sl I TENNIS COURTS j +0.042 AC. I I -2.222 AC. I I I I I I I I L----------------- J 24' R.O.W. TO BURLINGTON INDOOR TENNIS CENTER INC I 1 LOT 11 1.292 AC. �' " I �I _ Nizg, ____ 41 59 Y P o �. \ - 7' Q PROPOSED 20 FOOT WIDE I RECREATION PATH EASEMENT \ \ i1 I W In: nl- TO CITY OF SOUTH BURUNGTON I II I 2,2 i 3 'I IN77W ! 99! I OO Imwml I R-228.5' U:U 91 io $, I\ 1` WIt:; z:z - 24-4.8Y _ _ _ ' 180j5B' NIN S85'55'10"E NB5'55'10"W FARRELL STREET REBAR N8555'10"W N8555'10'W J 136.02 157.0Y Y LOT 6 A a : I I ! COMMON LAND N m I , ! ±0.392 ACRES- . N8334'16'W _ N73'!2'4I R.O.W. THROUGH 73.16' I ! LOT 6 IN FAVOR OF R-16B.5' SB5'54'16 E I III I I LOT 3, LOT 4 k LOT 5 J6•58' I 'II I I SEE REF. PLAT A N62 I I I I I 16.: :I I i I R-: N � LEGEND I L PROPERTY LINE r --------- I TIE LINE I I ________________- -- -- EASEMENT 0' DRAINAGE 1ii ASEMENT _.-.-.-.-.-.-.-.-.-.-._ RIGHT OF WAY i I -"-"-"-"-'-- ZONING DISTRICT LINE L I -x-xx-z- r FENCE L !' I o j IRON PIPE/REBAR FOUND O MONUMENT FOUND i O ® MONUMENT TO BE SET REBAR W/ SURVEY MARKER � tl / I TO B TO BE SET I I • •n. CALCULATED POINT POWER POLE ^ g, i olo I err i 5o4v77YW I -..4 �- 50' CONSERVATION SPACE DISTRICT758' N871 -24'35'W EOPEN iow - - 58 - - - - - - - 5 PROPOSED 13 FOOT VADE- 44511'11"E 4.89 S!OEWALK EASEMENT tO. DEVELOPMENT-ASSOCIA1ION.._--._- *EASTWOOD COMMONS" N14"33'22'E LOT 2 37.9z' LOT SIZE as ±2.203 ACRES R-140289' 7 SEE REF. PLAT B N2gI a7 i_1F c1 F4'S1'WE N7239'15'E 86' 6229' 573'22'40'E R-153.5 R-43.50' 74.48' - to, R-171.3' gyg�ly\f._ - D�lw-- - 159.03' W o NEW FARRELL STREET ;1 R.O.W. cl ' ZL N85'55'10"'W ^ -- - 159.03' o II N75-2'14"W ��H,e �•�Ad, Nj_ II 84.50' r^ Gr. f I I R- 231.E 7J�r 1 I I � �� II '65 FARRELL ST.' LOT 3 J:•�'-r ±4,449 ACRES R.O.W. THROUGH ' LOT 3 IN FAVOR OF LOT 4 a LOT 5 24. 1 11 ! I I I I I I I I ---------- I �I_ - - I ._--________ I I - - I' S85'3 '10 316 4.4! - - i / t 4, I ti� +: ep J' J I :Sig W: at 41 W MI3 11 R.O.W. iHROII -, 1-5' SIDEWALK EASEMENT LOT 4 IN FAVOR OF i m THROUGH LOTS 3 i 4 LOT 3 a LAT 3 I I TO LOT 5 i J8' i I)'CITYS EDGE" n LOT 4 - /( ±1.601 ACRES 1 ELECTRICAL I _ N ERVpi1 N & OPct °5s� � ZONE�C, ''TONE'•_ �� - E"-- - N78'4040'E / _ _ II II II II II !! II 5' SIDEWALK EASEMENT II TO LOT 5 I; , II 58535'10' < / 180.30, d eo 10 gs�E LOT 5 \ \ it COMMON LAND- ±1.786 ACRES O JECN NBRM00t H1WtA(5AOp0)RRp►AP C S41 GTON PRO TcCT 429 467 $URUN 45 pG5• T9g_Zp0 74.63' VVVOOL 194' PGS N 1 9GSi` a R Jl:A1.C: I - LUUu real NOTES - 1. The purpose of this plan is to depict revised find boundaries of the O'Dell Parkway PUD. Referarce h made to Reference Plans A and B. This revision reflects the division of Lot 9, Lot 10 and Let 11 from Lot 1. This revision further reflects the adjustment of 0.073 aces from Lot 8 to Lot 9. This revision depicts the adjuatment of 0.042 acres from Lot 1 to Lot 9. 2. The boundary survey we performed with an electronic total station and a steel tape. 3. Bearing. ore referenced to astronomic north based on a istlng monumentation recovered along the easterly sideline of Ferrell Street and solar observations taken October 20, 1999 and December 21, 1994. 4. Farrell Street has a 60 foot wide right of way. Reference Volume 211. Pages 237-238. The right of way was determined from existing monumentation and the plans entitled -Farrell Street' dated December 6, 1962. Sltpe'm 2-6, recorded in Volume 197, Pages 85-89. S. Shelburne Road has a 99 foot wide right of way determined by existing monumentation and the trawled portion of the rood.- Reference Town of Burlington Volume 2 Page 749. 6. Hadley Rood has a 50 foot wide right of way determined by existing monumentation and the traveled portion of the road Reference Volume 11, Page 19 and Volume 11. Page 230. 7. Municipal water service. storm sewer, switory sewer, telephone, electric and gas services are available at the lot lines of this pared from the point of origin through public right of ways or recorded easements. 8 Not within the scope of the survey, there has not been undertaken any investigatlon whatsoever with respect to whether the property and each component there of 'e in compliance with Iced St ate_ permits.. 9 These pr=les Ile within the Commercial 1 and 2, Conservation and Open Space Zoning Districts tl Residential 4 Zoning District (50 strip of land to Hadley Road). 10. Existing 1' iron pipes were found disturbed by snow plowing and mowing. They are to be replaced by 5/8' rebars to be set. 11. There le an easement. to extend and maintain highway elopes and embankments In this area Reference Volume 194. pages 199-201 and State of Vermont Highway Project Burlington M(3000)1, Sheet 41. 12 The Thomas Trust pored is benefited by easements for ingress and agrees, parking, utllltles, building canopies and maintenance. Reference Volume 50 page 481 and a map entitled Plan and Land Easements, 318 Shelburne Street. South Burlington, Vermont, Thomas A. Farrel, Owner% dated October 24, 1959 recorded in Volume 49 page 29. 13. This portion of Bacon Street will be subject to an irrevocable offer of dedication to the City of South Burlington. PLAN REFERENCES A. "FINAL PUT - O'DELL PARKWAY PUD' , prepared by Civil Engineering Associates, Ins. dated July 2000, last revised 9/19/2002 Recorded South Burlington Land Records. B. 'Boundary Adju.tment Between Lot 1 and Lot 2 - O'Dell Parkway PUD', prepared by Civil Engineering Associates, Inc, dated 4/23/2004. Recorded In South Burlington Land Records. C. 'Plat of Survey - Seaway Shopping Carter Corporation and Thomas A. Farrell', prepwad by John Marsh, doted 6/4/81, last revised 10/22/81. Reference Volume 173, page 73. D. 'Factory Outlet Center - Site Survey Shelburne Road', prepared by F. C. Koemer, doted August 198Z Reference Volume 173, page 31. E. 'Touchdown Properties - Plan of Land to be acquired from Gorderway Incorporated', prepared by F. C. Koerner, dated November 19a5. Reference Volume 200, page 18. F. 'Land' of Heathcote Associates - Property Plot', Prepared by Lamoureux, Stone, and O'Leary, dated 5/2/95. Referent. Volume 363, page 112 G. 'State of Vermont Highway Project Burlington M(5000)1' plans dated 12/13/82 filed in the City of South Burlington Land Record& GRAPHIC SCALE de So L 1749 a best of my knowiedge a belief this plot o6erly deplete .the r... I of a survey conducted under my supervision as outlined in the notes above, based on our analysis of records k physical evidence found. Existing boundaries shown are in substantial conformance with the record. This plat substantially conforms with 27 VSA 1403. Timothy R. Cowan VT. LS. 597 WATER a NATURAL 5-11-061 TRC I AWMED PROPERTY UIE BETWEEN LOT I Jr 9 REVISED FINAL PLAT 10-4-05 TIC Am LOT 1,-REMff ME'S EASEMENT O`Di=LL PARKWAY 9-M-OS TIIC IEVIR A C�ECt NOTE P U D I4-2SAS TRC REMM LOCATON OF WOON EASEMENT Date I Ch'Wd Revision SOUTH BURLINGTON VERMC Drawn by ACL Date JUKE 20. 2005 r CIV1L =N y1lYc'c8tlVG ASSO`_':.`, :;. 14', SHEET Checked by TRC Original Scale 1' 60' PA. BOX 485 SHTLe ONE. r 0.4482 I '� en,.rn�A w., TRC D... Ng1 01 - -- 862-965: -A.t ;A29B5-22T .. ,a .....,.. LLJ B" WATER 1 I i I \ ��'; • "irk; :-,': ;,;;'�' �\ \` 10 ' p CHAMP IN 1 ' `\I Ci ?Qj WVNY BUILDING it I I; II OIL CO., INC. I I \ ;'�''% %-*� u u RENOVATION F F E 213.5 III II € I 1 I ! I � `� �; ; : •,J;k'�':';'': i \ �I III I) I I I I \�\ �� ��`";;;,�•;,,••;,� �, and R. REYE� I �` I f / I I I I � ��•� I:' .('FX. CONCROE PAD UMLOARING� II I (------_----- LOADING/ AREA EX._TRATYSFORWERS----DI MPSTER I i II 9------------ II I I — — I EX. GAS METER I I I 1 �jII•� • •,,�iIIIIIy. .... / �i�jrL 'C V f i�: psi PARK �\ II I II -I TIT_ --- ---- II I I I 17 TRANS (TX14'-- — — ---7__ I I \I I JEW BOLLARD f1 I F NECESSARY, I POUR A CONCRETE R I OVER EXISTING CON WITH 1/2- REVEAL 7 E)L BUILDING FL ! Q U \ ' ' �♦ DRIVE ITHRU (SEE ARCHITEr AL --� — _ ----------- __ — PLANS — UE I TI -- -- ------- ,i.'.� — ' —•._ BLOCK I I I I I I I EX. HYDR NI I & SHUT—OFF VAL,IVE I f7 Y i 0 I I 13 I I loading dock and dumpsters MH #10 RIM=216.45t I INV. IN=211.45 INV. 00=211.35 moil L) LOT 11 —-----------------(i yG BACON ACCESS RT 7 AGOESS� `/11 'F-.•1/. v' lennG- D C B!KEE PATH H SM ENGWEEP.: 5\_ CIYL A98=;.TM W. S1APBURNE. VcRMONT TEL 802-985--2323 FAX 802-98r2271 DFURA SAV APPfro98D 'CO/s TfF�O SAV G PROJECT BEN FRANKLIN _ _ = LEGEND EXISTING CW=R �---- PROPOSED CONTOUR PROPERTY UNE (APPROMMAn EASEMENT UNE 6 n c IRON PIN C. — --- GRAWTY SEWER UNE W - - -- WATER LINE 0E--- OVERHEAD ELECTRIC ST--- STORM DRAIN UE--- UNDERGROUND EIECTWC T--- 7ELEPHONEUNE O MANHOLE H 7,S HYDRAWT a SHUT-OFF POWER POLE T SIGN r-. CULVERT • CATCH BASIN EDGE OF BRUS1/WOODS iy��J�-- ___DECIDUOUS-7REE __.. "1ER' CONFEROUS- �- UGHT POLE WETLAND m BME RACK , _ iNIW/G !NsrKi,T I SfTE PLAN GRAPHIC SCALE NOV, 20M ( D: post) 1 Im b - 20 IL D., TRABt& W n. CD ti O O N O N CV) U a) N 0 N co 0 0 0 0 CN O Q r) 0 Q U o � a cc PCH l 1 BUILDING ,I f p EX MH rEX. MH I 1 =207 201.95 I RIM=209.87 -- NY.=203.57 - -------------------------__ —-----------j------- i --r -- 0E---------------EOEMH-------OT---- X. c�r �nn rr��r��rI�' cc� T W- --- - --i2"SS----B�l�t7ti;- 3+ET -;--------tT----- r- r- -w s=_______-----_____�----- _________ �- SS-------- -------- jSSI------T—T _-- I 12' SDR 35 PVC -------------- -------- _--1- TEL,Cj4 I I IM-2u:ot r-- I < I I I V. IN (E.S)-206.2 �^ LOT 1 ,, I i 1 V. ff](W)=206.1 u - - - - - , - - 1 I ,{ I ,3.164 acre I ❑I I I a gI k" P 1 I I I t\ �`� I `� lw s' WATt R MA1w' d I i I �' ;;! , \\� \\\` 1snNc I CHAMPLAIN I I WVNY BUILDING II ) L;;, I �'; ''tp : }; , U IJTY POL RENOVATION OIL CO., INC. -I ( II �\ �;,,., ,' �* \ I I %;;,q .... I FFE 213.5 EX. CS �0 BE �� E Ctii' , l .L-- I I I I I I REMQVED c', ti:!j 1 I IA. and R. REYES, I I �� ` ;' A4 •r� EX -CB #57 �I RIM=210.41 VL IN.=206.0 , N PAD EX -CB #59 , <LOAaNcnAYLO c I, I , AREA I I I I RIM=209.7 - ------_---- -- PSTER I, INV.=205.4 ------ ? EX. GAS METER - - � �- -1•- G---•I I It I r--� -- 'Z, CB #60 I^ NIV.=2 5 8 \ 1 / / -�— I � � a, a um-e rs 1 O EX -CB #58 RIM=210.98 INV.=206.7 I I T Xi I \Y I I I C I I C? y I I I I �� I I I U I 9r I Ln L/I n INV.=208.0 INV.=2V.2 --7� —�-- UFf RIM=212.171 cis RIM04 .14 t INV.=207.771 y INV 6 --- / I 1 I 'y I I I 1 IHYDR N I �, 1 & SHUT-OFF VALVE j }r ------&S--------------- 7------�---= -+- PIN 19 I I 16- HEATHCO E 80_CIA ES, Iton RIM=213.8 INV.= 208. E / L MH j10 71 1 RIM-216.45t INV. IN-211.45 INV. OUT-211.35 LOT 11 - S STORM I I I I �� I I I U I 9r I Ln L/I n INV.=208.0 INV.=2V.2 --7� —�-- UFf RIM=212.171 cis RIM04 .14 t INV.=207.771 y INV 6 --- / I 1 I 'y I I I 1 IHYDR N I �, 1 & SHUT-OFF VALVE j }r ------&S--------------- 7------�---= -+- PIN 19 I I 16- HEATHCO E 80_CIA ES, Iton RIM=213.8 INV.= 208. E / L MH j10 71 1 RIM-216.45t INV. IN-211.45 INV. OUT-211.35 LOT 11 - S STORM TELEPHONE MH RIM-21 SITE ENGINEER: \ — _ 4 RECESSED CUR ( BO RETA ' 66' SOR 35 CIYL ABA. VER �' PVC I y-IE!13uRtJE. vER►+oNT m 802-3e5 23`3 _2S 35 PVC FAX 802-985-2271 �o ACL OF ` i CONC. CURB }TAMP i _ _ En N ( R GBt® R Q 1 R 'RETAJHIN SAV A220 I 'tOT I APPIR APPR°van STE•� I AL 8AV WIDE CONC. lO 1 PROJECT: _TELECOMM�IOCATION QUIPj1gNT BEN FRANKLIN I &N . I W ,y\ EWA CONIC. CURB — CONIC. CURB / 1 S� Z ~ 1 1 WALK 0 0O j I Q z 0IL LEGEND •. I 1 LOT 9 _--�- = roNTouR — 2 AC_R - _ _ O-Ca. EwsTINc I I - -5-W E CON > > Lu -,. - PROPOSED CONTOUR ,, _ > ` H.C. R � � - - � PROPERTY UNE (APPROXIMA' Cn EASEMENT LINE D IRON PIN �' • CONC. NON. . SS--- ORANTY SEWER LINE W - - - -WATER UNE / CI 'O r ~'• - - OE--- OVERHEAD ELECTRIC W T TOR DRA F--------- SENIOR HOUSING I I I YARD FDC 0EX-Cg 35MAIN- -CA� 208.7FARRELL STREET 10' WIDE BIKE PATH S1UP 0 Local Display 1 -- --- UE--- UNDEROMND ELECTRIC 1 T - - - TELEPHONE LINE 1. G - - - GAS I. 24 6 MANHOLE 7( HYDRANT • SIIUT-OEF s POWER POLE I. Gr o e SIGN CULVERT CATCH BASIN -_- _ _ • �` - - - - • • rvwvvvwvl ©s; EDGE OF BRUSH/WOODS DECIOUCUS TREE I - EX -CB #321 CONIFEROUS TREE RIM=214.37 °-. LIGHT POLE EX -CB #34 NV.=208.25�� RIM-215.46 INV.=208.5 EX -CB #33 I M B.Z RACK BRIM=215.4 zGINc DSACT I MU I Om® I ss.®ON I RECEIVED STA EX. G`B # RI M� 207.8 APR 19 2007 V1=203.9 , .I IN 23.-CB #14 City Of So. Biul lington R 211 ,. E/ _,S_.._.. / EXISTING CONDMON PLAN I #16 7.8 INV.=a 04.0 I Dump r WATTS DRArOu ,mMraa 1 I � C SC NOV, 2006 (�\_ V —1 7LEL) � z•OT. Na G Q rn O ti O V rv') v CO X X CV O O LL'i l[) 3 O J Q Z LL LLI n O O rn rn O 0) w al IL k IF. I R/F N/F I W a P. N/F nl M. a J.1rARRp1 IVOL N/F Be Pr. 404 B. BARNEY HENNESSEY 461 PG. 694I N/9 2I I� A BOUGH E I 1 KAMAN IV L 397 PG N/F I IF. t ,L KOC}IYANI j VOL 393 PG. 39al I M. STAOCMAN I L P. BROOKS 147E 219 PG 44 VOL- 39 M 16 VOL. 30 P& 328 SEE NOTE' J I` "'"'"' _ -I�B „'1,• 1Z2NE: RESIDENTIAL 4 I- - i 477.44' ZONE: COMMERCIAL 1 a, i Z 40'x65' TELECOMMUNICATION - 10' UTILITY EASEMENT `` c N/F z W N/F .6 SITE UTILITY EASEMENT LOT 10 TO vER120N i O W a and B. SNYDER p� 2 W WOIFE `rl'a 40' TO VENZON Uz VOL 216 PG 4a1 „ s VOL 329--1 0.833 ACRES I f wI U PG, 551 z `�S&5'S5'10"E _ _ I ' WpIZ:i N04'31'24'E -. _ _ _- 585551 FIE _ _ I 307.36' 1 Zcal Z Y ^ __ S8511'S2'E OI O 011,0 ' H r 10'. UTILITY {9.99' '� �' YluO1i I FaRO1 IDT I • 11 ; : t0 tU'ETIR2nOtl� i� EASEMENT TO GNP ev+Aou o I w ;'' �N8555'10W V. 602 P. 775 3/d' REHAR 58511'52E ZONE RESIDENTIAL 4 �S8511'3�"E 11/t - J TO LOT 9 N _ _ u 34 209.92 ONE COA4M AL 1 7600' r,gT?_______ ---------- __________ .: BACON STI . } t=_ u- .-- i m ±0.241 ACRES ------------ =f_ �--- --_-.�_----- ----------- C: ---C: . FOOT WADE 1•I N6311'32'W' N8511'32'W 10' UTIU �- UTWn EASEMENT SEWER EASLMLNf Q 5/6' R®AR 139.83' 79.02' �EASEM z TO VERIZONI' T° GREEN MOUNTAIN POWER V00- 260 W,: 112 Q V. 6 P. 5 VOL 109 PG. 364 ' I I O qN o �-q j, 1 -EASEMENT FOR ���-----------GGG' N0353.16"E UTILITY UNES mla 49.99' qP i VOLso P6 ae, WVNY N/F �q W CHAMPLAIN OL CO.. BID. I LiN/F LOT 1 S Z VOL 125 PGS. 1-3 I A t R. REYES I I VOL 120 Pa. 314 EX. LOT SIZE t N0359'S2'E S85U8'09'E 3.206 ACRES I 25.00 70.03 -0.042 ACRES= I m S8511'52'E 3.164 ACRES± I r J` 139.5Y Px NAE r------------- 8617'42"W-r_M+__-__-__- i I IJl m i 181.54' AOFOG CCESSTEAffMENT ; /F THOMAS FAMILY TRUST, ET AL1 I N II N rl TO CHAMPLAIN OIL CO.. INC.- $ 0.423 ACRES .___. 11' VOL 126 PGS. 1-3 Si _ IN _.___... ___ ___-_ car , 0 0 37.8 ,S Im Va. J18 M. 81 3 BS # Im HOME V i PLAN Iron 49 Pr 29 P a AVE. Z s gla •78,�.1v INL- r a>r ------ --- y=----------------1 I 8811 27"WN \ - L 232.55' _ N8555'10"W 5 81'• LOT 7 A- ae24'39'W O ';COMMON LAND 39'W / R_-+� i ±0.160 ACRES -- -5'S5'10"E -7 N8555'10'W I' PON PIPE 216.36' 283.46 to p r I I N/F HEATHCOTE ASSOCIATES, LP VOL 211, PG. 56 I VOL 217, PG. 1 I i 1 I at LEGEND PROPERTY UNE I _---_-----_--_TIE LINE ------------------- ----- EASEMENT -'-'- RIGHT OF WAY I -"-"-"-"-"- ZONING DISTRICT LINE -x-xx-x- FENCE 0 IRON PIPE/REBAR FOUND ❑ MONUMENT FOUND M MONUMENT TO BE SET • 5/9-REBAR W/ SURVEY MARKER TO BE SET • CALCULATED POINT ern, POWER POLE 50, CONSERVATION 6: OPEN SPACE DISTRICT I 50PROPOSED 100' , I PROPOS20 FOOT WIDE „ RECREATION PATH EASEMENT 6' TO QTY OF SOUTH 8URUNGTON K .i11N40N /F E NREDDINGTON N/F A BARONCK N/F N. OS VOL S PC. 649I VDL_ I IVOL IVCL 410 PG. e N 146 PG. S2 117 PG, 173I N IN. ! MERRI L I+ IwL 455 PG 113 I G. L BOL.ElIDFR I I N/i UN1 I VOL 457 PG 425 I h°L 382 PG. 1331 ZONE RESIDEN7IAL_4- Ne55,1'it"w� ZONE: COMMERCIAL 2 533.36 BURLINGTON INDOOR TENNIS CENTER, INC. 1 LOT 8 VOL 260, PG. 112 VOL 197, PG. 63 -'y NEW LOT SIZE=4.082 ACRES ---------------- I L--. --14 I------------------� " I I PROPOSED o1N I 2180 AC, I TENNIS COURTS j +0.042 AC. �2.222 AC. I I I I I I- ----------------- -1 i •' 24' R.O.W. TO BURUNGTON INDOOR 1 I ; ' TENNIS CENTER. INC. SB311_1 YE LOT 11 • 1.292 AC. • 1 ; N1T8'S4'W _ _ , --SA511'll'E - - 76.42' I 1 PROPOSED 15 FOOT WIDE 444.69- I SIDEWALK CASEMENT \ I � i 41.39' - '.N. _ I_..___TO.DEVELOPMENT..ASSOCIATON I "EASTWOOD 1 PROPOSED 20 FOOT \ R-57.ri' -4 JIJ Q -4 ;�Li3 COMMONS" WIDE RECREATION PATH EASEMENT \ \ 11 1 IOf W.UJ LOT 2 TO CITY OF SOUTH BURLIENTON I I I 1 M M LOT SIZE _ ±2.203 ACRES I I N7322 40 W M i en I 99.24' 010 I Y ml 1 0:0 9R-Z2&5' i - L:;ICa o \ _ 244.- _ _ I Z 180158' ZN :Z N S855-5'10-E N8555'10'W FARRELL STREET `� \ �8555_1T"W • N8555'10'W .. LOT 6 I ! COMMON LAND I I ±0.392 ACRESV N6534'76• R O.W. THROUGH LOT 5 IN FAVOR OF III I I LOT 3. LOT 4 & LOT 5 I :I I j I SEE REF. PLAT A ��Ilj I 65.5, nM i j I "65 FARRELL ST." "I :ii LOT 3 ryh1-•I- - I �y 11-t•- R.o.w. THROUGH ±4.449 ACRES LOT 3 IN FAVOR OF & LOT 4 IN LOT 5 j F 24' 1 4 i I II I i I i I I i -� ---------- I �1_ ' r-____-___-__ I I �I._ S855 15 0"E DRAINAGE -I-I J•J L 6.Z6" I 3 RO.W. THRW i 4, I 5� ot:C W W I -, I-5' SIDEWALK EASEMENT LOT 4 IN FAVOR OF I THROUGH LOTS 3& 4 LOT 3& LOT 5 I I I r" 00 M M 5 TO LOT 5 i P II"CITYS EDGE" i I.<..-.._. /� LOT 4 ±1.601 ACRES i ; I ELECTRICAL �05 5 �-vT� �iSE£ pZ1 N & OPEI ZONE'�C, COk- N7e 40'40'E REF. PLAT B 37.El 57451'38"E JR 58.86, 573Z2'40•E R-153.5' 74 48 R- --58555'1O'E- 159.03' se NEW FARRELL STREET R.O.W. �- N8555'10'W . I I N75Z4!14'W I I R 231.5' II II II II ii II II II II II -I 5-TO SIODEWT ALK EASEMENT 1 LI 11 i' S8555'1 O'E o � j �e7 LOT 5" COMMON LAND'. ±1.786 ACRES C Ci `IR M T M WO�RRA►AP 'C6o iy�s•3�5.,��"� gURV GTOSIP,N R� PGS 199 200 74.63' VL 1 .4• 20' WATER d NATURAL GAS EASEMENT MAM w/n LL� ' Pg �Q42 QNgyo Z� 5 % 'I RIDBAR S�NS� a 1 0 i SCALt I- - ZUOU teat NOTES 1 1. The purpose of this plan is to depict revised final boundaries of the O'Dell Parkway PUD. Reference is made to Reference 110ne A and B. This revision reflects the division of Lot 9, Lot 10 and Lot 11 from Lot I. This revision further reflects the adjustment of 0.073 acres from Lot 8 to Lot 9. This revision depicts the adjustment of O.D42 acres from Lot 1 to Lot 9. 2 The boundary survey was performed with an electronic total station and a steel tape. I 3. Bearings are referenced to astronomic north based an existing monumentation recovered along 1 the easterly sitl li of Fmrell Street and solar observation* taken October 20, 19" and December 21, 1994. 4. Farrell Street has a 60 foot wide right of way. Reference Volume 211, Pages 237-23& The a 1 right of way wee determined from existing monumentation and the plans entitled "Frall Street" I dated December 6, 1962 Sheets 2-6. recorded in Volume 197. Pages 85-89. I 5. Shelburne Rood has a 99 foot wide right of way determined by existing mantation and the agen traveled portion of the road. Reference Town of Burlington Volume 2 Pu7meB. 6. Hadley Road has a 50 foot wide right of way determined by existing manumentatlon and the 1 traveled portion of the road. Reference Volume 11, Page IIIand Volume 11, Page 230. ' 7. Municipal water service, sterm sewer, sanitary sewer, telephone, electric and gas services are available at the lot Imes of this portal from the point of origin through public right of ways or recorded eowernents. No within thea of the survey there hoe not been undertaken investigation whatsoever I $ t p W Y �^ 9 with respect to whether the property end each component the of is in compliance With local aP P p Y P p _ or state pernita.. -9. These properti Its within th Commercial 1 d 2 Conservation and Open Space Zoning Districts and Resident 14 Zoning D t ¢t (50 strip of land to Hadley Road) 10. Existing 1' son pipes were found disturbed by snow plowing and mowing. They we to be replaced by 5/8" raban to be -L 11. There Is an easement, to extend and maintain highway slopes and embankments in this area Referents Volume 194. page 199-201 and State of Vermont Highway Project Burlington M(5000)1, Sheet 41. 12 The Thomas Trust parcel is benefited by easements for ingress and egress, parking, utilities, building canopies and maintenance. Referents Volume 50 page 4.81 and a map entitled Plan and Land Easements, 518 Shelburne Street, South Burlington, Vermont, Thomas A. Farrell, Owner', dated October 24, 1959 recorded k1 Volume 49 page 29. 13. This portion of Bacon Street will be subject to an 'Irrevocable offer of dedication to the City of South Burlington. PUN REFERENCES A. 'FINAL PLAT - O'DELL PARKWAY PUD" prepared by Civil Engineering Associates, Inc dated July 2000, last revised 9/19/2002. Recorded South Burlington Land Records. B. 'Boundary Adjustment Between Lot 1 and Lot 2 - O'Dell Parkway PUD", prepared by CA Engineering Associates, Inc.. dated 4/23/2004. Recorded in South Burlington Land Record.. C. 'Plot of Survey - Seaway Skipping Center Corporation and Thames A. Fordl', prepared by John Marsh, dated 6/4/81, last roviw d 10/22/51. Reference Volume 173. page 73. D. 'Factory Outlet Center - Site Survey Shebume Road', prepared by F. C. Koerner, dated August 1982. Reference Volume 173, page 51. E. 'Touchdown Properties - Plan of Land to be acquired from Gardenway Incorporated'. prepared by F. G Koerner, doted November 1985. Reference Volume 200, page le. F. 'Land. of Heathcots Associates - Property Plat', prepaea by Lamoureux. Slone, and O'Leary, dated 6/2/95. Reference Volume 385, page 112 _ G. "Slate of Vermont Highway Project Burlington M(5000)l' plans dated 12/13/82 filed in the City of South Burlington Land Records. GRAPHIC SCALE e I web - 50 fL ^ells e$p the best of my knoMedge k belief this plat or p depicts the revolts of a survey APR 'cYon c under my supervi.ion as cuabse in NI o above, booed on our analysis of /} r.cw s t physical evidence found. Existing b d a ' sh In b t tkd n J ` SUE EHGINM.: i h ' i V I i i ���� ",,•/• ,, �\\ i �\ i L 8" WATER M 5k I 1 I I I i 1 I `\. ♦` �, I �` �\ ---J CWE 9AaT�t4 SNELBURNF- VERNONT \\ I I I t I /� T?-L 802-985-Z271 I I I t I i v \ `\;'; :; ;.!/.•, :, �� I \ \ I FAx 802-9e5zzn WVNY BUILDING CHAMP IN ' I ;•.y; lsTl n� `\ \�� `�:1; ;-;:,�� \\ U ILITY POL RENOVATION Aa II I OIL CO., INC: I I �; - ':';;:,;; F F E 213.5 sAV OftL $AV A. and R. REYESI �� y/ \ rao�ct: _ \ I I TRANS (7'x14'—---=C— I _ r ------ BEN FRANKLIN Y'Ex. CONCR�6 PAD I - - II LOADING/UMLOXkIING I I II II II L(�---------_----- 1 AREA RMERS-=,, �APSTER I EW BOLLAND------ EX-ZASFD II I I EX. GAS METER-- -- t- G---- I F NECESSARY. Ill -- -- -- — --- I I POUR A CONCRETE RAI A;i ---- -- I E I OVER EXISTING CON.RE PAD II p WATH 1/2' REVEAL M E II II EX. BUILDING FLOOF S III II LEGEND 111 336 PROPOSED CONTOUR PROPETlTY ONE (APPRO)OYA I () 1 EASEMENT ONE loading dock C IRON PW and dumpsters 6" aCOI YOK — I'. I / cRAVfTT SERER UNE ., 6 7 7— �'.:�:isz'.' I /: ( N -- .— WATER ONE I MH #10 �•C of---- ovExHFAO ELET;IRIC RIM=216.45t INV. IN=211.45 ST--- S. max I LINE I INV. OUT=211.35 T--- UNDERtitOUElECTRC 1 { I - — — — TElEPF1WEUNE G --- OAS LMIE �^ ON/, S HYDRANT {10 I I � - Q PONFTt PoLE SIGN . I - 1 T I I V ^ ••\••\- EW CAL ;- CAT J: BASIN dY, , r, EDGE OF BRM/MA OOS 17 / N PAD . LCUT DI R OPENING IN ---OF BONA FOR-VEHICIF DRIVE ITHRU (SEE ARCHITE TU AL 1 Q V7 a uGn7 PaE T ------ .: ^^— -- -^ — -- —------------------------------------------- — TE A ND ------ T---- _ ^TEL-- -- - _ — CA----------(j --- m ROM RACK IO -- -- -- — — -- -- -- — _. — mN" CONIC, WAD --.—----------- -- — ------ �. SIGN ma cm® armor DO NOT 11 I 1 PARK II I BOCK COG 1�' -_ ARREL IL II-_ i ---- ------------------ _ -- ---------------- — 1/1l-------J----- / u ,C II'I ' O o Q i '•_--�� ��-- ' �-Eiti,�F1iH v� +„-"_.._.____,.. ./ _ --- I II III II 1 I - .._ 7. A PIP „ I U I 1. — FT' I I I I WE �11 EX. HYDR Nt f i i City of So.8�1+r11r� PLAN & SHUT—OFF VAL;dE `. i C9ton n ' 1.-------- I ------------- I - --- ---r-- I I I l � ' ( I I ➢AR DR.4IRG xaNffi I I Gj-9 I I GRAPHIC SCALE V' 2k?3 41�I m sr�a I r`� —2 - j o --- --- -- -- - -- TELEPHONE PCH - - I •� MH. RIM=21 SITE ENGINEER: I I BUILDING , t. (.J / , 1 I9.87 t , I •� RECESSE1.1 1 I j 1 I RI 207.95 - EX. �Hl CURAL SIllil =201.95 NMH 1M_E_--------1_ I - CIVf A AT?3 !a~ - .- I I LI ___ ---- --- - -r OE--------------0E---- OT---- 6" SOR 35 r ------------------------ ------------:i I i EX. MH __ _ P*vC - I -- - - --- -- -- SHE BURNS- VERMONT --12"SS----BCl-�EEI-r-------- tT_-_--�- r- -W C - -- -� 12- SDR 35 PVC -1- 2'SS- L- _ fi -- 2�SDt'35 PVC ---- _ -- 1EL soz-sss z3z3 ---- -I�- - SS---------- �SSF----.--i'-7 ---•- , I H9 ,. - --- FAX 802-985- __ 1 r ---- - 13 TEL'C�i I 1 I I IM=21(E.S I 70 Cad -- nawx I V. IN„(E.S)=206.2 UAB PUMP �1C: °F 1' f - - - - - - - 1 vI I• \� LOT 1 I 1 V. gLDTJj W)=206.1 ' C I l I I 1 CA y. CONC. I.3.164 acres 1 � � I � R I I I Q i i I ` I`I / ::',• �'� \\�\ I \` 3 IJ C/ RETAu+1N i AV a 'oa��o A I I 4 t I I t I I �` •;� \ \ IW 8" WATER MAIN) I APPR AarBOM 1 ' I -I ♦ .�. -I l ', I\ 4...�•WIDE CoNC. 10PROJECT: ILECOMM IIeCATION - i 1 q 1 I I t I , WVNY BUILDING QUIP�tIT 1 1 I CHAMPLAIN t I I t i i '�. �� ```'';,e'''f.'t� \` ISTINO '0 I BEN FRANKLIN I 1 LLL 1 OIL CO., INC. F "\\ U urY P°� RENOVATION I i 11 \ Ex. c@ �`� g� -.-j' �� FFB 213.5 I -IT] I 1�0 BE \�-- N EW REMQVED ` \ F% :''/ ur C. CURB - I ,A. and R. REYES, I 1 \!y `�i I \ A 1 CONC. CURB / � #5 EX -CB #57 I _ j i ���\ \�� I i 1r3tt?-- 'A- - -3 I I wSI E Auc z Z LL I I RIM=210.41 1, 0 i ;�} TRAN_:%(Txt4' - /` I�• O EXIST. I INV.=206.0 , _ to �� 6c CON-0 a+ PAo !NE 1 1 1 II .I EX -CB ag I I YtnMA�DING/UryLD G I I I J 0.2' I I P I i II t #- �----- --- -- - I 1 I I I O Q 1 I I RIM=209.7--p------ -- E�nrAnsromE s--rshn I t I I 05.2 1 1 I I ,= 11 INV.=205.4 I -- -- Ex GAS uETCR I I n I 1 , I U .Z LEGEND - - - - - - I -G-- RIFY rn -- I i III I I O'LU pl j O o o b { --- --- - LOT 9 - _ I - I f� 3``MD CON 5 LU 336—•- PROPOSED CONTOUR \'OA W — 1 H.C. R11F � — — — — PROPERTY UNE (APPROMUAT 1 III 1 Imo_ CB 60 - Q � EASEUEN UNE J I RIM=210.02 \ �— c� < I o ��1 W o RaN PIN YI • CONC. NON. J p�I I i t INV.=205.8 I I loading dock o I♦ ♦� / and damPakrs \� - SS--- GRAN7T S. 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Burlington I r//,RXgIO #,4CONDMON N I R -211:6 _ PLAN U I I I I I IN { 2035.I / I=LKN O) I I I EX.- #16 / Q HEATHCO E �SSOCIA ES, L I = 040 r Qump < c� �, - ; c sc NOV, �s o G-1 lcc N I I I> �a CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 27, 2007 Jim Carroll 1891 Williston Road Suite 3 South Burlington, VT 05403 Re: 514 Farrell Street Dear Mr. Carroll: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on May 1, 2007 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. PLANNING COMMISSION 13 March 1990 page 5 Mrs. Maher seconded the motion_ which passed unanimously_ _5. Sketch plan application of Alan Palmer for construction of_a 10-unit planned residential development_on_approximately 4.55 acres, 1001 Dorset Street Terry Krinsky said the property is below the road into Indian Creek. There are 2 options. A more traditional layout or a cluster plan. Mr. Weith noted that the City Engineer and Mr. Audette felt the cul de sacs were too tight. Mr. Krinsky said there would be 2 curb cuts on Dorset St. The cluster plan would give more open space and leave more land around the historic brick house. He felt the cul de sac radii meet all standards for fire vehicles, etc. The plan is to connect with the Indian Creek sewer. The traditional plan would have a 60-foot right of way, water main looped to Indian Creek, and a larger distance between buildings. There will be a storm water detention pond. Mr. Palmer said they would prefer to keep the cul de sacs private and they would plow them. Mrs. Maher noted that one day people would still ask the city to do the maintenance. Mr. Austin thought the cul de sacs were attractive. Mrs. Maher preferred the safety feature of the straight road. The question of allowing 10 units was raised. The allowable range is 8 to 9.8. Ms. Pugh preferred 8. Mr. Austin and Mr. Burgess Preferred 9, and Mrs. Maher and Mr. Belter would allow 10. Mr. Palmer noted there is an access agreement to use the Indian Creek Road for this property. There is a provision that this developer would have to upgrade the first portion of that road and dedicate it to the city. Ms. Pugh felt that Natural Resosurces people should look at the plan because of the wet area. A majority of members preferred the straight road. Mr. Burgess would accept either. _6. Sket_ch plan application of _FEP Associates for conversion of a _24,000 sq._ft, building(Agel-Corman_B_uilding)_to_variety_retail use, 518 Shelburne Rd. Mr. Carroll said the building has ownership of only the land under it and immediately adjacent to it. He said they would not change the 2nd floor office use. The retail space to be developed is 14,500 to 15,000 sq. ft. Mr. Austin said he would want to know the exact allocation of non- PLANNING COMMISSION 13 March 1990 page 6 retail sapce. Mr. Carroll said they would close up most of the glassed space but would not be changing the configuration of the building. They have rights to use the parking spaces at the Factory Outlet. They feel it would be good to put in some curbing to help direct traffic through the lot. The store would be a Ben Franklin Store slightly smaller in size than the Essex store and slightly larger than the North Avenue store. Mr. Carroll felt that 60% of the Ben Franklin traffic is from people already in a shopping center and not people coming expressly to go to Ben Franklin. By their calculations, they require 105-108 parking spaces and their plan shows 114. Mr. Burgess said he had a problem with sub -standard aisles in the parking area. Ms. Pugh agreed. Mr. Weith said the Fire Chief wants the row of parallel spaces on the side of the building removed for fire fighting reasons. Mr Carroll said they could make that one way with diagonal parking. Mr. Belter didn't feel there would be enough room. Mr. Weith noted the city wants Odell Parkway as a 60 ft. street dedicated to the city. Mrs. Maher noted that Mr. Farrell is in no hurry to develop the land in back. Mr. Burgess said that the City Council is asking the Commission to be sure that what is approved for this applicant will work when it gets that right of way. Mr. Austin felt the application should be treated as a p.c.d. with all uses considered. Mr. Weith suggested a p.c.d. with variety store, office use and carwash. These are all under one deed. Mr. Burgess noted it was previously decided to count parking spaces once. If someone else comes in and says they can count them for another use, the Commission will reserve the right to deny them. The Commission was split as to whether to review the application as a single use or as a pcd considering the whole lot. The Commission urged the applicant to reconsider parking, wider aisles in the parking area and a more accurate figure for what is being spent to improve the building. Mr. Burgess suggested Commission members go to the site and see exactly what's out there. He felt that the plans needed to show relationships of all buildings and general parking areas. Mr. Weith asked what the Commission would require in the way of a PLANNING COMMISSION 1 MAY 1990 page 6 5. Sketch plan application of Ralph Deslauriers for subdivision of a 8.7 acre parcel containing a hotel (Ramada Inn) Tom Heilman, representing the old Ramada shareholders, noted there had been a suit in which they were required to deed the land to the applicant. This was also appealed to Superior Court which said there never was a contract between us and ordered the land returned to his clients. He noted that Mr. Deslauriers was here tonight as a contract purchaser. Mr. Prior said the plan is to subdivide the land on which the Ramada is located. A 2.6 acre parcel behind the Ramada would be subdivided off. Ms. Pugh asked the rationale for the small tri- angle of land. Mr. Prior said they may at some time want access back to 100 Dorset St. Mr. Weith noted the City owns part of Corporate Way on which the back parcel will access. Mr. Prior said they are also asking for a right of way for vehicles and patrons from Corporate Way to the Ramada. This would be 24 ft. wide. Mr. Weith noted this would allow access to the back parcel from Williston Rd. Mr. Burgess said he wanted to be sure the Ramada Inn parking lot would not be used as a street. He didn't want to see another O'Dell Parkway. Mr. Burgess also noted they were creating a situation where Ramada would have a problem if they ever wanted to expand. Mrs. Maher said she didn't want to see that little triangular piece go to the Zoning Board with a request for a zone change to CD-1. Ms. Pugh asked if the triangle removes any parking. Mr. Deslauriers said 6 spaces are lost but c-an be added elsewhere. Mr. Weith noted some access issues. when the city was in court with Greer over the left turn Mike Munson and others suggested asking for a recorded easement over the Ramada property to the Greer property. Mr. Burgess said he didn't want to see any more left turns on Williston Rd. Mr. Weith said another issue is a pedestrian easement to connect Williston Rd. and Corporate Way. Mr. HEilman said they don't look favorably to getting an easement onto the Ramada land. Mr. Des- lauriers agreed and said he would discuss this further with the City Planner. 6. Continue Sketch Plan application of F.E.P. Associates, c/o Champlain Financial Group, for conversion of a 24,000 sq, ft. office/furniture store (Agel-Corman Building) to office/variet retail use, 518 Shelburne Rd. PLANNING COMMISSION 1 MAY 1990 page 7 Mr. Carroll noted that he had been told the undeveloped part of Odell Parkway is a county road and suggested the city go to Superior Court and get it. Mr. Carroll said there will be no changes to the building. They will close up the glass to reduce heat loss. They will also do away with the "illegal used car lot" up front. He gave the Com- mission pictures of the situations on the lot at various times of day. He said he observed far fewer people cutting across the Agel-Corman lot than he had thought. He noted that the Citgo Station has a right of way to go across the Agel Corman lot, not to store cars on it. With regard to parking, the plan has been changed to remove one of the rows of parking on the side of the building. There will be only one row of angled parking. Mr. Dugan said they had reached an understanding with the Fire Chief on this. Mr. Burgess didn't think the parking spaces were conforming. Mr. Carroll felt they could be made conforming and still have the 17 ft. the Fire Chief wants. They are willing to cut the pavement back at any place where this doesn't work. Building is steel and brick and is fully sprinklered. 123 parking spaces are provided with more handicapped spaces than required. The new entrance will be handicapped accessible. Mr. Carroll said if there is any question on parking, they would leave the footage upstairs unused except for seasonal storage. A poll of members showed they were satisfied with parking. With regard to traffic, Mr. Carroll said he talked to 3 traffic engineers. They would be happy to retain one. The issue will turn on how many diversionary trips there are. He didn't feel Ben Franklin is a "destination" store. He believed 60% of their traffic would already be there without the store. Mr. Burgess felt this is a typical suburban mall. If a car is across the street and comes to this store, it is a new trip. Mr. Burgess raised the question of a level of service study at intersections. Mrs. Maher said she had no problem with this de- velopment. Mr. Weith noted the regulations require the level of service not go below "C" at intersections. Mr. Weith noted the City Council has passed on a recommendation that the Planning Commission look at Odell Parkway and see if it is worth dedicating to the city. If a traffic study were done, one part of it might be to assess the impact of opening up Odell Parkway. PLANNING COMMISSION 1 MAY 1990 page 8 Mr. Carroll felt the city should do this for themselves. Mrs. Maher agreed but added that if the City Planning wants a level of service study for intersections, she would agree. Other members also agreed. Mr. Weith was asked to develop a concept of a traffic study so the city can get what it wants. Mr. Burgess said he didn't look favorably on "movable landscaping" As there was no further business to come before the Commission, the meeting adjourned at 11:20 pm. Clerk PLANNING COMMISSION 18 SEPTEMBER 1990 The South Burlington Planning Commission held a meeting on Tuesday 18 September 1990, at 7:00 pm, in the Conference Room, City Hall, 575 Dorset St. Members -Present William Burgess, Chairman; Mary -Barbara Maher, Catherine Peacock, Ann Pugh, William Craig, David Austin Also -Present Joe Weith, City Planner; Sid Poger, The Other Paper; David Lewis, Alexander Lewis, Constance Lewis, Bill Rowell, Roger Ranz, John Gebink, Dennis Snyder, Chris Delia, Peter Judge, John Yaeger 1.-0ther Business a. Mr. Weith advised that the Ben Franklin store approved for the Agel-Corman Building will have to have some structural work to the building. Because the work is so major, they want to put in a 2nd floor to use for mechanical equipment and storage. There would be no impact on parking or traffic. Mr. Weith asked if this can just be warned for Revised Final Plat. Members said OK. b. Spillanes on Williston Rd. wants to put in new pumps. There will be no other changes. Mrs. Maher noted the city is in court with them and the City Attorney should be asked if there may be some ramifications. Members agreed that if the City Attorney says there are no problems, Spillanes can go ahead. c. Mrs. Maher noted receipt of a letter from the lawyer on the Nolan property. Mr. Weith said the City Attorney is reviewing it. d. Mr. Craig said at the 2 October meeting he would like information from the traffic model on Kennedy Drive/Hinesburg Rd. and O'Dell Parkway. Mr. Weith said he has begun working on the O'Dell situation. e. Mrs. Maher asked if the City Attorney and City Manager met with the Farrell people on the tree -cutting incident. Mr. Weith said he would check on this. f. Mrs. Maher noted the Commission has always said that when an applicant calls individual members and asks to meet one on one re- garding an issue, members have agreed not to. She said she re- ceived a call from a major landowner and asked this land owner to call the City Planner to get on the Agenda even for just a talk about a piece of property. Minutes -of -14 August Mr. -Craig moved to approve the Minutes .of 14 -August -as-written. Ms.-Pu h-seconded. Motion assed-unanimously. PLANNING COMMISSION 25 AUGUST 1992 PAGE 3 bank which included more green space and a reduction in traffic in the lot. Mr. Burgess then asked the Commission if they wanted to listen to a new idea. Mr. Craig said he felt they had gone beyond the point of finality. Other members felt they would listen but they were unlikely to approve anything that included the drive -up facility. Mr. Carroll said he saw a process getting started that will go nowhere. He said the Chittenden has no right to build the improve- ments they are talking about in the right of way on other people's property. Mr. Collins said he felt they have that right. Mr. Bishop of the Chittenden said he didn't feel the number of trip ends would be reduced without the drive -up. He was concerned about customer safety with more people walking across the travelled lanes into the bank. Mr. Lamoureaux then showed the proposed plan. They would take about 8 ft. from the front of the bank (the ATM facility) and move it to the rear. The sidewalk and curb would be pushed 5 ft. to the east and they would line up with the facade of the Factory Outlet building. This would improve the intersection allowing better sight distances. They would also create a new landscaped island. They would eliminate the blacktopped drive -through area between the bank and the major building and create a grassed area. Moving the ATM to the rear of the bank would, Mr. Lamoureaux said, eliminate some of the "random parking" in front of the building. Mr. Burgess noted the applicant was comparing these proposed improvements to what is there now and saying they will make it better; what they have to prove is that it will be better than the bank without the drive -up facility which is how it should be today. Members asked Mr. Weith to check with the City Attorney as to whether the Commission can hear this as there is a dispute as to who has jurisdiction over some of the land involved and also what would happen if the Commission heard the plan and denied it and Heathcote then sued. He noted the original Heathcote approval ended a potential lawsuit. 6. Review of circulation at the Ben Franklin property on Shelburne Rd. as conditioned in the 1/8/91 approval: Mr. Carroll noted there was random chaos before but now people have an understanding of how traffic is to flow. It isn't perfect, but it is much better. He said 800 of traffic goes to the Mall. Ben PLANNING COMMISSION 25 AUGUST 1992 PAGE 4 Franklin's traffic projections haven't materialized and they are doing less business than last year. The only point of traffic conflict is around the bank with people going to the electronic teller. With regard to the Davis Co. not wanting anything permanent until they have a proposal before the Commission, Mr. Carroll said Ben Franklin would be willing to wait until there is a good overall plan. Mr. Tiballi said he would prefer that improvements stay temporary until the Chittenden Bank issue is resolved. Mr. Burgess stressed that it is not the Commission's intention to predicate any action on potential development of the back of the lot. Mr. Heilman, attorney for Tom Farrell, said they would also ask for a delay to permanent improvements for about 2 weeks while they try to come up with a plan for a new commercial venture that may result in solving the whole problem. Jim Lamphere is working on a proposal that could accomplish this. He also raised a question as to whether Tom Farrell would allow any "permanent" improvements. Mr. Carroll noted they have an agreement with Tom Farrell and have a right to add the improvements required by the Planning Commission. Members agreed to have Ben Franklin put the improvements in on 1 October unless they are otherwise notified by the Planning Com- mission. Mr. Austin moved that FEP Associates commence construction on this plan on 1 October 1992 unless otherwise notified by the Planning Commission. Mrs. Maher seconded. Motion passed unanimously. 7. Continue site plan application of Investors Corporation of Vermont for construction of a 37,500 sq. ft. building in two phases for warehousing and related office use, lot ##1, Green Tree Industrial Park, Gregory Drive: The applicant was not present. Mr. Weith reminded the Commission that the applicant had been told to reduce their parking. Mr. Sheahan noted the applicant had asked to be scheduled for this meeting. Members agreed to continue the application for one more meeting. Mrs. Maher moved to continue the application of Investors Corporation of Vermont until 29 September 1992. Mr. Austin seconded. Motion passed 6-1, Mr. Craig opposing. FEP II 42 Hercules Drive Colchester, VT 05446 VIA FAX June 6, 1994 Raymond J. Belair Zoning & Planning Assistant City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: Landscaping at So. Burlington Dear Ray, Ph. (802) 655-1901 Fax (802) 655-1904 Thank you for your thorough review of the plan and the related items. I received your letter 6/6/94 and was not aware the Chittenden Bank was not going forward. In fact, I heard some talk of a different bank. I'm not sure when, but at one of the many meetings involved with the Bank, etc. it was agreed that our islands would be slightly modified. I believe this speaks to item 11, 6, 5, and 3. There has been so much confusion and disagreement I would prefer to have a meeting of the Town, the representative of the landowner and agree to a modified schedule. With respect to the items I can respond to that hopefully can be dropped. O'Dell.. Parkway is the way it is. It is 11 feet wider if you say it is. I suggest we sweep it, stripe it and manage the parking on the north side. Item #: #2 I am confused about. #5 We will construct an island if that is what everyone wants with a crabapple tree. #12 I'm not sure that the tow away has anything to do with customers. Those were posted to allow the former used car lot to be towed away. Do you have any good ideas? Ben Franklin's customers and Employees park there everyday. Just like most signs, they are ignored. #13 No problem there either. The spaces are not needed but if you wish we will finish it. #10 If the median is going to stay, we will landscape it. Please let Jim Lamphere and I know when it will be convenient to meet. His place might be best as he has many drawings to show US. sincerel , \ C ames F. Carroll JFC/jlr cc Mark Dowling Mike Dowling Larry Castello Jim Truax Jim Lamphere Ron Kingsbury Rod Murray City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 June 2, 1994 Re: Parking Lot Improvements, Ben Franklin, 518 Shelburne Road Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 This is to bring to your attention the fact that the Escrow Agreement to complete landscaping at Ben Franklin's will expire on 6/30/94. Since the Chittenden Bank project is not going forward and O'Dell Parkway will not be improved as was part of this project, the City requests that all parking lot improvements, including landscaping be implemented as shown on your approved plan. A review of the parking lot revealed the following: 1. The plan shows concrete curbs with a grass strip on the south side and no green strip has been installed. 2. The plan shows a sidewalk on the south side rear entrance and no sidewalk is installed. 3. The landscaping and grass around the south parking area has never been installed. 4. Plan shows O'Dell Parkway being 30 feet wide, field measurement indicates it is 41 feet wide. 5. The entrance island on the north side of the driveway is not installed and neither is the Crabapple tree. 6. The north middle island was not constructed exactly as shown on the approved plan. 7. Plan does not show light pole in south parking lot. R_ Plan chnwc RR .,""Vinrr f«-G+ lU-3; ♦1. at i__ nn Y`^� -mob N`'"'`"' \ aal iia%au=.g uic jV U ll1 11.J L) d11U Wily Oa spaces have been installed. 9. The three (3) parallel parking spaces on the north side of the building are not possible since power poles and dumpster are in the way. James Carroll Parking Lot Improvements June 2, 1994 Page 2 10. The landscaping in O'Dell Parkway median has not been installed. 11. The south island was not constructed as shown on the approved plan. 12. The south parking area is now a "Tow Away Zone". This parking area is therefore unavailable to Ben Franklin customers. 13. The pavement does not go up to the north side of the building as shown on the approved plan. Parallel parking spaces are not marked along this area. All landscaping must be installed exactly as shown on the approved plan by no later than June 19, 1994. Failure to do so will result in the City obtaining the money necessary through the Escrow Agreement to have the landscaping completed as approved. If you have any questions, please give me a call. Since Y. Raym nd J. Belair, Zoning and Planning Assistant RJB / mcp ESCROW AGREEMENT THIS AGREEMENT, in triplicate, by and between FEP Partners, hereinafter referred to as "Developer", the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality" , and Vermont National Bank, hereinafter referred to "Bank". W I T N E S S E T H: WHEREAS, Developer has received final subdivision approval from the Municipality's Planning Commission for the construction and development of (number) of residential units in a development to be known as Agel Corman Building as depicted on a final plat plan entitled "Legend on Final Plat" dated May 9, 1990, prepared by Graphics Design and WHEREAS, Developer is required by said approval, at its own expense, to complete certain improvements; and WHEREAS, the parties to this agreement wish to establish an escrow account to secure the obligations of the Developer as set forth in the final subdivision approval; and WHEREAS, the Bank executes this agreement solely in the capacity of escrow agent. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will at its own expense complete the following improvements in connection with its development: (Description of public improvements require by subdivision approval ) Landscaping Bond 2. Developer will convey to the Municipality by properly executed Warranty Deed, free and clear of all encumbrances, the roadways, easements and other public improvement prior to the Municipality granting any zoning permits to the developer. 3. The Developer shall complete the improvements set forth in paragraph one no later than June 30,1994. 4. The Developer shall repair or replace any faulty or defective work or improper material which may appear within six months of completion. 5. For the guaranty of Developer's performance of all requirement hereinabove set forth , Developer and Bank agree that the sum of $(Amount set by planning commission or its designee) shall be set aside and held in escrow by the Bank and shall be available for payment to the Municipality, in accordance with the terms herein set forth. 6. If the Municipality shall file with the Bank a statement that Developer is in the judgement of the Municipality in sixty (60) day default under the terms of this agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality, in amounts not to exceed a total enabling the Municipality to complete the improvements and requirements set forth in this agreements. 7. The Municipality will promptly submit to the Developer a copy of such statement as it files with the Bank. The consent of the Developer to such payment by the Bank to the Municipality shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire onto the propriety of any claim by the Municipality of default if the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 8. The Municipality shall not file with the Bank a statement of default until sixty (60) days after notice has been sent by it the Developer by certified mail, return receipt requested setting forth its intention to do so. 9. All monies released by the Bank to the Municipality pursuant to paragraph 6 shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgement of the Municipality shall accomplish the work most expeditiously and economically. 10. If monies are released by the Bank to the Municipality pursuant to paragraph 6 and it shall later develop that a portion of the of the released monies are surplus to the Municipality's needs any such surplus shall by refunded by the Municipality to the Bank the be held and distributed by the Bank pursuant to the terms of this agreement. 11. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph 8 of this agreement. 12. This agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby and the completion of the warranty period set forth in paragraph 4. 13. Upon request of Developer, but only at the sole discretion of the Municipality, the Municipality may release a portion of said escrow funds if the Municipality believes that the retention of said funds is not necessary to protect its interests after a portion of said work has been completed. Bank may release such funds only upon written consent of the Municipality. 14. Notwithstanding the provisions of paragraph 13 the sum of $600.00 shall be in any event maintained in escrow until certification to the Bank by the Municipality of the completion of the warranty period set forth in paragraph 4. 15. This agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. Dated this day of U/9 19qV (DEVELOPER) i BY: .t1L Its Duly Authorized Pent CITY OF SOUTH BURL INGTON BY: f_ _._ " , It y Auth rized Agent (B ) y' BY: City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 25, 1993 James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin, Landscaping Escrow Agreement Dear Mr. Carroll: ZONfNG ADMINISTRATOR 658-7958 This is to bring to your attention the fact that the landscaping escrow agreement for Ben Franklin expires on 9/6/93. Since the landscaping has not yet been installed and will not likely be installed prior to this date, the City requests that this escrow agreement be extended one (1) year. Please contact me when you receive this letter to discuss the best way of extending the escrow agreement. Sin ely, G`Q' &A., R y and J. Belair, Zoning and Planning Assistant RJB/mcp ESCROW AGREEMENT THIS AGREEMENT, in triplicate, by and betweeREP Partners hereinafter referred to as "Developer", the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality", and Vermont National Bank , hereinafter referred to as "Bank". W I T N E S S E T H: WHEREAS, Developer has received final subdivision approval from the Municipality's Planning Commission for the construction and development of (number) of residential units in a development to be known as Agel Corman Building • as depicted on a final -plat plan entitled "Legend on Final Plat" dated May 9, 1990 , prepared by Graphics Design and---------------------------- and WHEREAS, Developer is required by said approval, at.its own expense, to complete certain improvements; and WHEREAS, the parties to this agreement wish to establish an escrow account to secure the obligations of the Developer as set forth in the final subdivision approval; and WHEREAS, the Bank executes this agreement solely in the capacity of escrow agent. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will at its own expense complete the following improvements in connection with its development: (Description of public improvements required by subdivision approval Landscaping Bond 2. Developer will convey to the Municipality by properly executed Warranty Deed, free and clear of all encumbrances, the roadways, easements and other public improvements prior to the Municipality granting any zoning permits to the developer. 3. The Developer shall complete the improvements set forth in paragraph one no later than June 30, 1991 4. The Developer shall repair or replace any faulty or - �1, defective work or improper material which may appear within Re of completion. 5. For the guaranty of Developer's performance of all requirements hereinabove set forth, Developer and Bank agree that the sum of $(Amount set by planning commission or its designee) shall be set aside and held in escrow by the Bank and shall be available for payment to the Municipality, in accordance with the terms herein set forth. 6. If the Municipality shall file with the Bank a state- ment that Developer is in the judgement of the Municipality in sixty (60) day default under the terms of this agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality, in amounts not to exceed a total enabling the Municipality to complete the improvements and requirements set forth in this agreement. 7. The Municipality will promptly submit to the Developer a copy of such statement as it files with the Bank. The consent of the Developer to such payment by the Bank to the 4unicipality -2- shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 8. The Municipality shall not file with the Bank a state- ment of default until sixty (60) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so. 9. All monies released by the Bank to the Municipality pursuant to paragraph 6 shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgment of the Municipality shall accomplish the work most expeditiously and economically. 10. If monies are released by the Bank to the Municipality pursuant to paragraph 6 and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this agreement. 11. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the -3- appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph 8 of this agreement. 12. This agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby and the completion of the warranty period set forth in paragraph 4. 13. Upon request of Developer, but only at the sole discretion of the Municipality, the Municipality may release a portion of said escrow funds if the Municipality believes that the retention of said funds is not necessary to protect its interests after a portion of said work has been completed. Bank may release such funds only upon written consent of the Municipality. 14. Notwithstanding the provisions of paragraph 13 the sum of $ 600.00 shall be in any event maintained in escrow until certification to the Bank by the Municipality of the completion of the warranty period set forth in paragraph 4. 15. This agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. -4- Dated this 6th day of IN THE PRES NCE • P�0,4 . September >� tom/ c mL 1990 (DEVELOPE By: Its Duly Authorize Agent 7 CITY OF SOUTH BURLINGTON 1� c By: 6 Its Duly Auth rized Agent (%BA) BV y Authorized Agent PLANNER 658-7955 0 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 June 26, 1992 Mr. James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin - Landscaping Escrow Agreement. Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 In reviewing your Escrow Agreement for landscaping at the Ben Franklin property I found that is expired on 9/6/91. The Planning Commission approval of 6/12/90 required that the landscaping bond be for a three (3) year period. We therefore request that this Escrow Agreement be revised to expire c:r, 9/6/93. A copy of this agreement is enclosed for your information. Thank you for your attention to this matter. If you have any questions, please give me a call. SinceXdly, i RamXd J.Belair, Zoning and Planning Assistant RJB/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 26, 1992 Mr. James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin - Landscaping Escrow Agreement. Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 In reviewing your Escrow Agreement for landscaping at the Ben Franklin property I found that is expired on 9/6/91. The Planning Commission approval of 6/12/9 _ d that the landscaping bond be for a three (3) ye period. e therefore request that. this Escrow Agreement e revised to expire on 9/6/93. A copy of this agreeme t'-is enc for your information. Thank you for your attention to this matter. If you have any questions, please give me a call. RJB/mcp Since ly, l la rd J. Belair, Zoning and Planning Assistant �- 4 141444" ESCROW AGREEMENT THIS AGREEMENT, in triplicate, by and betweeFEP Partners hereinafter referred to as "Developer", the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality", and Vermont National Bank' hereinafter referred to as "Bank". W I T N E S S E T H: WHEREAS, Developer has received final subdivision approval from the Municipality's Planning Commission for the construction and development of (number) of residential units in a development to be known as Agel Corman Building as depicted on a final -plat plan entitled "Legend on Final Plat" dated May 9, 1990 , prepared by Graphics Design and---------------------------- and WHEREAS, Developer is required by said approval, at its own expense, to complete certain improvements; and WHEREAS, the parties to this agreement wish to establish an escrow account to secure the obligations of the Developer as set forth in the final subdivision approval; and WHEREAS, the Bank executes this agreement solely in the capacity of escrow agent. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will at its own expense complete the following improvements in connection with its development: (Description of public improvements required by subdivision ap _ .oval LandscaDina Bond 2. Developer will convey to the Municipality by properly executed Warranty Deed, free and clear of all encumbrances, the roadways, easements and other public improvements prior to the Municipality granting any zoning permits to the developer. 3. The Developer shall complete the improvements set forth in paragraph one no later than June 30, 1991 4. The Developer shall repair or replace any faulty or defective work or improper material which may appear within Qfli��� ar of completion. S. For the guaranty of Developer's performance of all requirements hereinabove set forth, Developer and Bank agree that the sum of $(Amount set by planning commission or its designee) shall be set aside and held in escrow by the Bank and shall be available for payment to the Municipality, in accordance with the terms herein set forth. 6. If the Municipality shall file with the Bank a state- ment that Developer is in the judgement of the Municipality in sixty (60) day default under the terms of this agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality, in amounts not to exceed a total enabling the Municipality to complete the improvements and requirements set forth in this agreement. 7. The Municipality will promptly submit to the Developer a copy of such statement as it files with the Bank. The consent of the Developer to such payment by the Bank to the Municipality -2- shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 8. The Municipality shall not file with the Bank a state- ment of default until sixty (60) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so. 9. All monies released by the Bank to the Municipality pursuant to paragraph 6 shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual' basis, or on a time and material basis, or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgment of the Municipality shall accomplish the work most expeditiously and economically. 10. If monies are released by the Bank to the Municipality pursuant to paragraph 6 and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this agreement. 11. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the - 3- appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph 8 of this agreement. 12. This agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby and the completion of the warranty period set forth in paragraph 4. 13. Upon request of Developer, but only at the sole discretion of the Municipality, the Municipality may release a portion of said escrow funds if the Municipality believes that the retention of said funds is not necessary to protect its interests after a portion of said work has been completed. Bank may release such funds only upon written consent of the Municipality. 14. Notwithstanding the provisions of paragraph 13 the sum of $ 600.00 shall be in any event maintained in escrow until certification to the Bank by the Municipality of the completion of the warranty period set forth in paragraph 4. 15. This agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. -4- P Dated this 6th day of September ML 1990 IN THE PREP NCE OF: L—i rm;o rc� K, F3cOrs-et1— (DEVELOPE By: Its Duly Authorize Agent CITY OF SOUTH BURLINGTON By: (--" - Its Duly Auth rized Agent (B A pdT{ ) By . V, y Authorized Agent /ell City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 25, 1993 James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin, Landscaping Escrow Agreement Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 This is to bring to your attention the fact that the landscaping escrow agreement for Ben Franklin expires on 9/6/93. Since the landscaping has not yet been installed and will not likely be installed prior to this date, the City requests that this escrow agreement be extended one (1) year. Please contact me when you receive this letter to discuss the best way of extending the escrow agreement. Sin ely, _ R y and J. Belair, Zoning and Planning Assistant RJB/mcp F E P PARTNERS 42 Hercules Drive Colchester, VT 05446 December 17, 1992 Raymond J. Blair City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 1(fc I Ph. (802) 655-�i�1 Fax (802) 655-1904 Subject: November 4, 1992 letter. Dear Raymond: I believe we have satisfied both the spirit and timing of the parking lot improvements, outlined in your November 4, memo. Could you confirm that we are in compliance and that no fines are payable. Sincerely, M , G�' � M eambQ I Jades F. Carroll JFC/tlg C/ /✓ G �� �if w r C/ � S t. �J f/ 7 ho 7` �" v e. /' T�, . r _ _ � •. (/"��'►^ .Sl2uw3 Gin C<L.� �{ �/i//' S N/���^ s� S�^_ _S-Nt� v.+ ,S'� � � L / - �1 � 5�.� w s _ 5 CG�.ti,N_� k _. _.--_� --- _ - 5 uJ ¢-•c. s � � n � � G H %H-,.�.,..e , �D %fCG ✓rat !t� 5 tlle _ a*ro_v.r� Vf Me -11� T- ------ ----- ---- Marquis Construction Management, Inc. 5 Gregory Drive South Burlington, Vermont 05403 (802) 863-0308 So Burlington Planning Comm November- 10, 1992 So Burlington Town Offices So Burlington, Vt. Joe Wieth Dear Joe, This letter is to inform you that Marquis Construction Management has been contracted by the 510 Corporation to be the general contractor for the parking lot work at Ben Franklins 518 Shelburne Rd. To date the preliminary engineering and layout has been done. Marquis construction plans on starting construction on Wednesday the 11th of November. if you have any questions please call me. My Phone number is 863-0308. Thank You. Sincerely, Paul L Marquis Marquis Construction Mgnt. NOV 10 '92 13:23 EBHS 802 655 1g04 P. 1i 1 PEP PARTNERS 42 HERCULES DRIVE COLCHBOTER, VT 05446 South Burlington Planning and Zoning 595 Dorset Street So. Burlington, Vt 05403 * * * * * * * * * * * * * * * * IN* * * * * * * * * S A X T R A N S M I T T A L TO: 01a1L QJ Al I IL u o DEK.. __ FAX M: 4 FROM i}�_� PHONE: SC fcfC% ( CO. FAX #: r Sq 19 0 y �ost•�t •• _ n r5R Ugn�rnittal rnerno 7B71 Subject: Parking lot improvements of Ben Franklin To Whom It May Concern: The purpose of this letter is to advise that the construction of these improvements has been started. The work schedule is as follows: STATUS Week of 10-26 Survey and layout Complete construction schedule Week of 11-9 Mobilization Construction of worker safety barriers Excavation Forming Week of 11-16 Concrete Construction Cold Patching Striping Landscaping Clean Up It is the plan to be wrapped up by November 20th. if there is any material deterioration in this schedule we will advi"-emu via fax. Sirigerel/y, . Jame F. Carroll 40 /�- 7 At ji<LL�ll CIL w� MEMORANDUM TO: South Burlington Planning Commission FROM: Joe Weith, City Planner RE: Ben Franklin, Permanent Access/circulation Improvements DATE: October 27, 1992 On 8/25/92, the Commission reviewed the circulation pattern at Ben Franklin and approved a motion to require the applicant to install the permanent improvements as shown on the earlier approved plan. The Planning Commission directed the applicant to commence construction on October 1, 1992 unless otherwise directed by the Commission to delay further. On September 29, 1992, the Commission discussed this issue and decided not to delay construction any further. As of today, no construction has commenced. Since October 1, staff has been trying to get the applicant to begin the improvements as required in the approval. Last week, staff informed the applicant that if construction was not started by Monday, October 26, then the City would issue a notice of violation. The applicant responded by submitting the attached two (2) letters. The applicant is requesting to delay construction of the proposed access/circulation improvements until the Planning Commission reviews the recently submitted sketch plan by Farrell. The plan submitted by Farrell proposes significant improvement to Odell Parkway. The applicant will be present at tonight's meeting to discuss this issue under the item of "other business". Please note that if construction of the improvements is delayed, the improvements will not be made until next spring at the earliest. The start of construction will depend on when and if the Farrell application is approved and, assuming Farrell is approved, when and if Farrell decides to commence construction. F E P PARTNERS 42 Hercules Drive Ph. (802) 655-5561 Colchester, VT 05446 Fax (802) 655-1904 October 22, 1992 Raymond Belair Zoning and Planning Assistant City of So. Burlington 575 Dorset Street So. Burlington, Vt 05403 Dear Mr. Belair: Per our phone conversation this morning we indicated to you our willingness to start working on the improvements. Specifically those that the planning commission approved for our parking lot and traffic circulation. We also indicated that Mr. Farrell and the Chittenden Bank came up with a new plan that will resolve the traffic circulation problems not only in our part, but also the entire Northern commercial development in that area. Their plan for the Route 7 side is very similar to the plan which was approved by the South Burlington Planning Commission. We have indicated to Mr. Farrell, through his attorney, Mr. Thomas Heilmann that we have to start working on the approved plan of ours. Mr. Heilmann asked for a brief waiting period until he can discuss the issue with Mr. Farrell personally. We are actively working with Mr. Lamphere (Mr. Farrell's architect) to get a 100o alignment of the improvements so we can proceed. The commission has been very patient. We hope that they can give us another week to ten days to get mr. Farrells good will with us. We have worked so hard to gain a consensus we don't want to have the board or Mr. Farrell upset with us. We wi eep you posted as we proceed. We can do the work for up to our w eks. Sincerely, James F. Carroll JFC/clt cc: Tom Heilmann Jim Lamphere FEP II 42 Hercules Drive Colchester, VT 05446 October 20, 1992 William Burgess South Burlington 575 Dorset Street South Burlington, Planning Commission VT 05403 Ph. (802) 655-1901 Fim (802) 655-1904 RE: Traffic management permanent installation, O'Dell Parkway. Dear Bill: The purpose of this letter is to advise you that it appears a comprehensive plan will be presented to you shortly for O'Dell Parkway. I have been encouraged to believe that there is a better mousetrap coming. In that context we have been advised that our planned improvements would be preempted by the proposal. Since we have not seen any interest or direction from others in the past this is quite an exciting development. I realize it may seem like too little -too late. I would encourage you to consider what I have been told. "Mr. Farrell is moving forward with plans that contemplate alterations and improvements to the so called O'Dell Parkway. At present, a significant portion of Mr. Farrell's plans for further improvement and development of his commercial property are preemptive of the site plan which FF.P Partners submitted to the South Burlington Planning Commission." I have over the past two years had a good deal of exposure to the work of Mr. Farrell, his family and their advisors. I have developed a learned respect for the quality and character of this group. I have total confidence that we would be making a mistake not to allow them their "day in court". I see minimum adverse impact and maximum potential benefit. The plan as it is currently constructed work's. It isn't as pretty or as sophisticated as our plan, but it is a major improvement. I don't have a lot more facts than I have shared. I have a lot of faith and trust. The building our store is in was built at Mr. Farrells directions and expense. It was and is first class. It was sold to Mr. Thomas not out of a desire to profit, but rather as a favor to accommodate the Burlington Savings Bank. So I have total comfort that Mr. Farrell's plan will be worth waiting for. I know your experiences are not as pleasant as mine are, but none the less, I would propose the following be considered: "FEP Partners deadline for development of the walks, traffic borders, etc.. That were to be constructed before Thanksgiving be extended until May 30, 1993." If in the intervening time frame a comprehensive plan is not submitted and approved that there will be no additional requests for delay by FEP Partners". I'd be very happy to come before you and the board at your convenience to discuss this further. As soon as we have more information we will share it with you. Sincerely, James F. Carroll cc: Joe Weith No Text City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 September 28, 1992 James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin, Circulation/Parking Lot Improvements Dear Mr. Carroll: ZONING ADMINISTRATC= 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project. Please note the condition of approval that you commence construction on the approved plan by October 1, 1992 unless otherwise notified by the Planning Commission. If you have any questions, please give me a call. i erel , _4 J e Weith, ity Planner 1 Encl JW/mcp FEP II 42 Hercules Drive Colchester, VT 05446 October 8, 1992 City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Ben Franklin, Circulation/Parking Lot Improvement Dear Mr Weith, Ph. (802) 655-1901 Fax (802) 655-1904 This letter is to confirm our conversation of 09/30/92. I stated our intent to use the same general contractor doing our Haydenberry Park job in Milton and fit the So. Burl. work into their schedule. Since we spoke, it appears a faster and more direct approach would be to utilize a sub contractor rather than the G.C. because the work would be done by them. Our intent is to have Marquis Brothers do the final planning and procurement starting next week along with any preparatory work their crew is available for. Actual pouring and placement of the dividers would start October 14, and is estimated the completion would be approximately ten days later. ous Truly, Jim Truax cc: Mr. Thomas Farrell Mr. Heilmann City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 1 Mr. James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 September 14, 1992 Re: Ben Franklin, Circulation/Parking Lot Improvements Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the August 25, 1992 Planning Commission meeting minutes. Please note the condition of approval that you commence construction on the approved plan by October 1, 1992 unless otherwise notified by the Planning Commission. If you have any questions, please give me a call. erely, J� Weith, C ty Planner 1 Encl JW/mcp \f FEP II 42 Hercules Drive Colchester, VT 05446 August 25, 1992 Joe Weith City of South Burlington Planning Commission 575 Dorset Street So. Burlington, VT 05403 Dear Joe: Ph. (802) 655-1901 Fax (802) 655-1904 The purpose of this memo is to address the final issues that remain, namely traffic flow and the final improvements. A secondary but related issue are proposals by the Factory Outlet Mall. Background - The base line for the area when we started was total chaos there was a no man's land in front of the building. People drove wherever they wanted. Current - Now one year later traffic in most instances flows smoothly and safely. Most of the traffic in the area is going into and out of the Factory Mall. I have a video to show how things are working. Problems - During the intervening year we have tried to work with Mr. Spagnola, Mr. Davis/The Farrell Family, the Chittenden Bank and Factory Outlet Mall. Fortunately all but one has been cooperative. However, the mall has refused to contribute to maintenance, snow plowing, sanding, lighting etc. The only major traffic problem in the area is the Bank. The users of the electronic teller, park where they want. The exit of the drive -up so close to the intersection, while being blocked by the Bank building, is bad. We have not addressed these issues as we expected a final plan from the Factory Outlet Mall. We are ready to proceed and finalize. The Davis Co. would prefer that we wait for the final decision on the bank and their (Davis Co.) proposal for the back lot. We have no objections to the Davis Co. position as we understand it. James Carroll Parking Lot Improvements June 2, 1994 Page 2 10. The landscaping in O'Dell Parkway median has not been installed. 11. The south island was not constructed as shown on the approved plan. 12. The south parking area is now a "Tow Away Zone". This parking area is therefore unavailable to Ben Franklin customers. 13. The pavement does not go up to the north side of the building as shown on the approved plan. Parallel parking spaces are not marked along this area. All landscaping must be installed exactly as shown on the approved plan by no later than June 19, 1994. Failure to do so will result in the City obtaining the money necessary through the Escrow Agreement to have the landscaping completed as approved. If you have any questions, please give me a call. Since y, Raym nd J. Belair, Zoning and Planning Assistant RJB / mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 June 2, 1994 Re: Parking Lot Improvements, Ben Franklin, 518 Shelburne Road Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 This is to bring to your attention the fact that the Escrow Agreement to complete landscaping at Ben Franklin's will expire on 6/30/94. Since the Chittenden Bank project is not going forward and O'Dell Parkway will not be improved as was part of this project, the City requests that all parking lot improvements, including landscaping be implemented as shown on your approved plan. A review of the parking lot revealed the following: 1. The plan shows concrete curbs with a grass strip on the south side and no green strip has been installed. 2. The plan shows a sidewalk on the south side rear entrance and no sidewalk is installed. 3. The landscaping and grass around the south parking area has never been installed. 4. Plan shows O'Dell Parkway being 30 feet wide, field measurement indicates it is 41 feet wide. 5. The entrance island on the north side of the driveway is not installed and neither is the Crabapple tree. 6. The north middle island was not constructed exactly as shown on the approved plan. 7. Plan does not show light pole in south parking lot. 8. Plan shows 88 parking spaces (not including the south lot) and only 83 spaces have been installed. 9. The three (3) parallel parking spaces on the north side of the building are not possible since power poles and dumpster are in the way. FACTORY OUTLET MALL PROPOSALS It is our understanding that the following is fact. Factory Outlet Mall is out of compliance with Zoning and Planning guidelines for lot coverage, parking, and traffic impact. We believe a contract exists that permitted a variance for T.J. Max in exchange the bank would close for all but walk up. Our plans were based on the closing of the drive up lane. The alternatives that the Factory Outlet Mall have put forth that we have seen employs land in the Right of Way that they have no known right to use. So from our perspective since their is a variance situation, and we are in the traffic overlay district, so therefore in the absence of a major traffic improvement no drive up should exist. Further the automatic teller should be located to eliminate the traffic problem. If the Factory Outlet Mall does plan to do anything different we would like to insist on an escrow for maintenance and repair of the Right of Way before we consent to further variance. CONCLUSION So you folks tell us what to do and we will get going. Sincerely, James F. Carroll cc: Thomas Farrell FEP II 42 Hercules Drive Colchester, VT 05446 August 25, 1992 Joe Weith City of South Burlington Planning Commission 575 Dorset Street So. Burlington, VT 05403 Dear Joe: Ph. (802) 655-1901 Fax (802) 655-1904 The purpose of this memo is to address the final issues that remain, namely traffic flow and the final improvements. A secondary but related issue are proposals by the Factory Outlet Mall. Background - The base line for the area when we started was total chaos there was a no man's land in front of the building. People drove wherever they wanted. Current - Now one year later traffic in most instances flows smoothly and safely. Most of the traffic in the area is going into and out of the Factory Mall. I have a video to show how things are working. Problems - During the intervening year we have tried to work with Mr. Spagnola, Mr. Davis/The Farrell Family, the Chittenden Bank and Factory Outlet Mall. Fortunately all but one has been cooperative. However, the mall has refused to contribute to maintenance, snow plowing, sanding, lighting etc. The only major traffic problem in the area is the Bank. The users of the electronic teller, park where they want. The exit of the drive -up so close to the intersection, while being blocked by the Bank building, is bad. We have not addressed these issues as we expected a final plan from the Factory Outlet Mall. We are ready to proceed and finalize. The Davis Co. would prefer that we wait for the final decision on the bank and their (Davis Co.) proposal for the back lot. We have no objections to the Davis Co. position as we understand it. FACTORY OUTLET MALL PROPOSALS It is our understanding that the following is fact. Factory Outlet Mall is out of compliance with Zoning and Planning guidelines for lot coverage, parking, and traffic impact. We believe a contract exists that permitted a variance for T.J. Max in exchange the bank would close for all but walk up. Our plans were based on the closing of the drive up lane. The alternatives that the Factory Outlet Mall have put forth that we have seen employs land in the Right of Way that they have no known right to use. So from our perspective since their is a variance situation, and we are in the traffic overlay district, so therefore in the absence of a major traffic improvement no drive up should exist. Further the automatic teller should be located to eliminate the traffic problem. If the Factory Outlet Mall does plan to do anything different we would like to insist on an escrow for maintenance and repair of the Right of Way before we consent to further variance. CONCLUSION So you folks tell us what to do and we will get going. Sincerely, James-F. Carroll cc: Thomas Farrell 6Lco/J ST.QEET I 1 i 1~ �N cti V r/s y t y V e n > V Q 3 � e v w � Z y �.I J LGFELG ucE ( L � 4L✓-✓ofL < rj I L Y h 6 - � Z O L11 LO✓cIL\ ` \� cute � ry I 9c/L1 /ZJ P!L<c/✓G SP/c GJ Q, JLLJ/6 CLJ/JN hl C / LE / — i R C \ �' 11- W v cI. 71 J / / / y P/LL/N4•S Aq,A 7 �� j clLJ Ad I J[lJ.oc/rio N✓ic �` �////� IELo✓a FLoo.c /iGco✓a FL•ooL. j oFF /<EJ / /00/r/O✓ /4// L E NOLIJC/ 0 /p O/L.J _�A/y //J/� G/sJ '//!/ E A/S/� g Alf), E/SJ O /OELL r/LIG IV/✓ Ia</r✓ ,g ui4/✓4 ro✓ FL�rbLY odr<CT '4 c 0 C d r/o.✓ �/IP LEGEND . . 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JY✓/PEL✓J c✓/✓/J/E JlaG. /�" ?R CC SCO �• Gue LcuJ oil Yt rLIJ J'o<.f' ?5-1 137c1sr e S FtOf✓eL,uG G.Q/C N!L✓J FdN/Lf 3 oea 160� /¢cc^" ro rt c .'3too.«• ,{JO 7- / - -c /LL 3Ya u BJ /I/ BEc c/ P/ar f///<c//, Z. /lo—C J-L FLd✓r/✓G d2t/J f//N/L/{/N/Z� �, cc-, - CF "l / FL !✓T///G /ucL✓CGJ /✓Jr/LL/r/O✓. Z � 0 � h 1 V e W J W � � W � v U � e f � � a m o � y J Z V � ; e f 'Al v e U W a � 0 L n V W N 1 o I e4 v ,1 V REVISIONS �� erEc ec� C/L t,✓G JL OEC 9 s FlcEs s✓c Ce Pi cs3to �✓d LCJ 3. y • 4 - �iu Yor< <c</c /L rG<' C v d 4. ', , 4 c. J• is IiFC-a/.�ec J:tc rc✓ o</✓ LL✓ ,5 5. o•//�yc .. �l rEr FLOC/ d OC/r/O✓ f DR — PROJECT /L t / 9WO. NO s I SMEET OF City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 12, 1990 Mr. James Carrol F.E.P. Associates c/o Champlain Pinancial Fro,,,p Champlain Mill #43 Winooski, Vermont. 05404 Re: Ben Franklin, Shelburne Road Dear Mr. Carrol: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Chief Goddette's comments. rlease be _,Lire �unitton iti preseiic. on Tuesday, October 16, 1990 at 7:30 P.M. to represent your request. S cerely, oe Weith, City Planner Encls JW/mcp 4. Aget-Corman Buitding 518 Shetburne Road 5. 3M ptans reviewed and at this time I do not see a probtem with this project in gkven pnopen emergency pnoteet.Lon i4 needed. I PiMbuty Manors III Witt.ts.ton Road Pnojeet N 90101 Date Last Revised 8-22-90 Hans reviewed on thin project and at than time I do not see a probtem bot our department i6 CmeYgency protection is needed. Cotoniat Moton Inn Second Floor Addition Shetburne Road Plans were reviewed by the 6.L4e department and the 6ottowing is a probtem in trying to give emergency protection i4 needed; A; Buitdings are to close togethen which would give us an exposure probtem trying to protect them. B. Dn.Lve way and pakking aneas would not allow us to get equipment in to net up with out endangening the equipment 6nom damage on toss o6 equipment. C. AU equipment would have to set up on Shetburne Road on Hadtey Road which would make mote work bor out 6ire6ighten6 and take mote time to start bighting a Sine which would mean the dti66tence in bite tons and possibte injury to guest and biremen. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 20, 1990 Mr. Janes Carrol FEP Associates c/o Champlain Financial Group Champlain Mill #43 Winooski. Vermont. 05404 Re: Ben _Franklin, Shelburne Road Dear. Mr. Carrol: ZONING ADMINISTRATOR 658-7958 Enclosed for your review, please find preliminary comments on the above referenced project from myself and Chief Goddette. Should yoi have any questions, please feel free to contact me. S' cerel , i oe Weith, City Planner EnclS J W/n-"cp M E M O R A N D U M To: Project Files From: Joe Weith, City Planner Re: October 16, 1990 Agenda items - Preliminary comments Date: September 19, 1990 1) PAUL ADAMS - WAREHOUSE -,LOT 42, AIRPORT PARKWAY Additional information to be shown on site plan: Show that portion of lot, if any, which lies within 100 year flood plain. Show location of all dumpsters. $2,936.00 in additional landscaping value is required to meet minimum requirement. One (1) handicapped space 13' x 201. Other: The following information must be provided in order to determine minimum parking requirements: Square footage of floor area devoted to office use. The number of non -office employees. The number of company vehicles operating from the premises. 2) LARKIN PILLSBURY MANOR III - WILLISTON ROAD Additional information required to be shown on final plat: Graphic scale. True north arrow. Length of missing property line distance along Williston Road. Before the application can be warned, a survey plat, stamped by a licensed land surveyor, must be submitted. The plat shall show the entire property (both buildings) as one parcel. Appropriate survey data (mets and bounds) shall be shown including r.o.w.Is and easements. 3) F.E.P. ASSOCIATES - SECOND FLOOR ADDITION Additional information required on final plat. for Final Plat approval: Address of the record owner. Scale, (numerical and graphic). North arrow (true and magnetic). The drainage improvement as discussed between Bill Szymanski and your consultant should be shown on the plan. f 17-i 0vnict trcet ` �lttttll Tif urlington. Iferm unt 05403 1 (802) 658-7960 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: DATE: 2. 3. TUESDAV OCTOBER 16,1990 AGENDA ITEMS MONDAV SEPTEMBER 17,1990 LOT 42 ETHAN ALLEN FARMS PROPOSED 60X200' BUILDING PtanA have been Aev.iewed by this depaAtment and at this time the only probtem I see is two (2) hydrants ate requiked on the ptopetty at a tocation approved by this o64ice due to .the size o 6 the bu,itd.ing . Aget-Cotman Building 518 Shetbutne Road ptans Aeviewed and at this time 1 do not see a ptobtem with this project in given ptopet emergency protection i6 needed. P.ittzbuty Manor III W itt izton Road Ptojeet # 90101 Date Last Revised 8-22-90 Ptans tev,iewed on .this pto j eel and at this time I do not see a problem Got out depattment .i6 emergency protection lia needed. i Suutij TiBurfington dire Department 575+Bnrset -Street �otttb +Gurlington. 11ertnant 054113 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: DATE: 2. 0 TUESDAY OCTOBER 16,1990 AGENDA ITEMS MONDAY SEPTEMBER 17,1990 LOT 42 ETHAN ALLEN FARMS PROPOSED 60X200' BUILDING Ptans have been tcev.iewed by this depattment and at this time the on.Ly ptcobtem I see is two (2 ) h ydnantz are &equ.itced on .the ptto pet t y at a toeation apptcoved by this o44.iee due to .the size o4 the buitd.ing. Aged.-Cotcman Bu.itd.ing 518 Shetbunne Road ptanz nev.iewed and at this time I do not see a pro bt em with this pro J eet .in given ptco p en emergency pnotect.ion .ib needed. P.i. tzbutcy Manors III Wittizton Road Pxo1eet # 90101 Date Last Revised 8-22-90 Ptanz nev.iewed on this pnojeet and at this time I do not see a p&obZem Jon our depaktment .i4 emergency pnotecx.ion is needed. CITY OF SOLMi BURLINCTON Subdivision Application -/+ IFINAL PLAT 1) Name of Applicant 2) Naw- of Subdivision l S�f��,�vv�-t �u�.� , �t,a� 1.l;✓4e:vv► 1�✓��_L�t 3) Indicate any changes to name, address, or phone number of owner of record, applicant, oontact person, engineer, surveyor, attorney or plat designer since preliminary plat application:was l' C 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: CL 4kUt%,., a ` 1 , V :eco-1[,WV C ay SC CO 0-4 J A4e�,cA,,, S'tVIZU4.c� �� V1nr+�" I�c1Eat it�.o � I u A h CILVAM4teylj, �uml { -err-'C i'eW 4 i,IC �% 142- 9i N �� 'M r �in� 2- tD �a L a LO Nt,"V )" CAk, ;,'f Cj;{�dSA�vi�� o+-i fA01W ini0l e'146(;;V"rMd'JJQ1,1 QC-eiP t,k4wtl, 5) Submit five oopies of a final set of plans consisting of a final plat plus engineering.drawings and containing all information required under section 202.1 of the subdivision regulations for a minor subdivision and under section 204.1(a) for a major subdivision. 6) Submit t o draft copies of all legal docwnents required under section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivision. 1A 1 ­ 1 _ :w =� % �ti i; (Signature) applicant or contact person ��rr }} /� ) Date g2lVV�,vlYS D,,% C4�L..NE'!�1/VT OJT pl .'.1E' �PvIJ it ���f'C'31 (1i- t-'t/l�.vVN.. y^����✓1 � / FEP Partners 42 Hercules Drive Colchester, VT 05446 July 30, 1990 South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 Reference: Revised Final Plan To Whom It May Concern: After our last meeting, several significant structural and operational challenges concerning the Agel Corman Building came to light. We have informally discussed a proposed solution with Dick and Joe. Conceptually they have not indicated any problems, but they felt we should present them to the Planning Commission. Basically there is a need to make structural improvements to meet the following items; 1. Drifting snow load (BOCA) 2. Inefficient HVAC and deficient insulation 3. Increased mechanical space required to allow environmentally sound rubbish separation. Specifically the roof beams need to be beefed up, the roof itself redone with adequate insulation and the HVAC moved. To make these expenses more feasible and practical it has been suggested that we extend the existing second floor all the way to the rear and raise the A/C system up ten feet. This addition will eliminate a large section from the sno-load problem in a cost efficient manner and it will provide the platform for the A/C which will be less than 35 feet in height. The current second floor cuts off the air flow to the A/C and substantially decreases its effectiveness. Ed Pearson, our HVAC engineer, recommends elevating the A/C. Page 2 July 30, 1990 In order to accommodate recycling in the most effective manner, additional storage space is needed. The plan that was agreed upon to meet the structural, A/C, and recycling needs was to extend the second floor. This will add no traffic/parking or other requirements (see traffic engineer). It will be done in an esthetically pleasing manner. We would like to get in front of you as soon as possible. However, we cannot get on the agenda till September. We will not do anything to employ the new structure in the meantime until we have your blessing. We hope your agenda frees up. ncerely, IN names ./ Carroll, CLU, ChFC JFC7tmV Attachments cc: Dick Ward Joe Weith FEP II Jon Eggleston pen/frnkent/ernie.p I CITY OF SOUTH BURLINGTON I PERMIT NO ........... APPLICATION FOR ZONING PERMIT 1st. Copy CODE OFFICER Zone............ 2nd. Copy 3rd. Copy CITY ENGINEER CITY ASSESSOR /-� Date 4th Copy APPLICANT ................. ...................... 19 . �.t.... The undersigned hereby applies for permission to make certain building Improvements as described below. (Plans to be submitted If required by Building Inspector.) All construction to be completed in accordance with the Zoning Laws and Building Regulations of the City of South Burlington and the State of Vermont, and con- form to the Regulations of the National Board of Fire Underwriters and any and all Federal Regulations now in effect. • • • • T SIZE: Frontage /0 Depth Lot No. ■ NUMB 10=00M■■■■ • WATER SUPPLY: Public Ell, '�rivate 0 SEWAGE DISPOSAL: Public 2'� Septic Tank 0 Permit * ROAD OPENING: (Show layout) Permit # Res. Garage ��"�■ Overhead No. Cars • ■ Att.■Underground■ Gas Station■ •' Plot to scale Lot and Building Improvements, showing width of Front, Side and Rear yards. Mark N at Compass point Indicating North. -ME FOUNDATION Concrete M1MMMMN Concrete Block ■■i■■.■■■i■■■ ■■.■•■■arl Brick or StoneWE ■■ mom ■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■1k"I Piers ■■■ •■■■iii■■i�.•■!■■�i/■•i■■ri■.•�`■■■iI■G■■■�■■■i■■■■■r■■i.■■■a■■■■�■■■■■�■.■■■i■■.■i■.■■i■■.■i■■■■■.i■■.■i■ mom .■.■■■■■.■■■ Collar Area Full Recreat Roo No Cellar �■■■■■■■■■i r� ■.i■■.i■••_.i■■.■i■■.i•■.•■�i■■.i•■ ■.i■•.i■•■■.i■•■.i■•■.i■■■.i■•■■�■•■■i•if■■�i•■■�r•i■■■i•■■■■•■•■■■■r•■ir■;LC ■■Anlmom ■.■i■■.■i■i�.��a -:. . ■ ■,r EXTERIOR WALLS Clapboards ON ding - � oil Wood Shingles Steam Asbes. Shingles Hot Wat. or Vapor Stucco on Frame No Heating Stucco on Tile Electric Brick Veneer Gas Burner Brick on Tile Oil Burner Solid Brick Solar Panels Stone Veneer PLUMBING Conc. or Cind. BI. Bathroom Toilet Room Terra Cotta Water Closet Vitrolite Kitchen- Sink Plate Glass Std. Wat. Heat insulation Auto. Wat. Heat Weatherstrip Elect. Wat. Syst. Laundry Tubs ROOFING Asph. Shingles No Plumbing Wood Shingles TILING Asbes. Shingles Bath FI. & Wcot. Slate Toilet Fl. & Wcot. Tile LIGHTING Metal Electric Composition No Lighting Roll Roofing NO. OF ROOMS Bsmt. 2nd. 1st. 3rd. 4t J FEE COMPUTATION $ CI o' ` PROPERTY LINE Remarks ❑ Demolition ❑ Utilities closed ❑ J Estimated Cost Plans received SIGNATURE of OWNER or BUILDER APPLICATION: REJECTED ❑ APPROVED ❑ ISSUED TO Date _- 19 Yes ❑ No ❑ ADDRESS of OWNER SIGNATURE OF CODE OFFICER PERMIT VALID FOR SIX MONTHS PERMIT SUBJECT TO APPEAL WITHIN 15 DAYS FROM DATE ISSUED FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 2 November 19B7 Mr. Philip Mehler Philip Mehler Realty Inc. 48B Madison Avenue, 17th Floor New York, NY 10022 RE: Traffic Impact Evaluation Proposed Expansion - South Burlington Factory Outlet South Burlington, Vermont FILE: 96027 Dear Mr. Mehler: As requested, we have analyzed potential traffic impacts of a proposed 20,5000 sq. ft. expansion of the South Burlington Factory Outlet. The scope of this Project is shown on a plan entitled "Site Plan - South Burlington Factory Outlet", Wiemann-Lamphere Architects, last revised October 30, 1987. The gross leaseable floor area of this expansion was calculated from the above -referenced plan to be 19,500 sq. ft. Previous analyses (March -May 1996) of similar expansion proposals of this shopping center resulted in the projection of unfavorable traffic conditions at the two primary intersections serving this Project: Shelburne Road/Home Avenue/O'Dell Parkway and Shelburne Road/Sears/Factory Outlet. Since that time additional information and analyses cconcerning traffic operations on the Shelburne Road corridor have been developed by the Vermont Agency of Transportation and the Chittenden County Regional Planning Commission. The culmination of those efforts was a report entitled "Traffic Systems Management Study_, JHK Associates, July 1987" (TSM Study). That report and its accompanying drawings outline specific recommendations necessary to restore desirable traffic operations on the Shelburne Road corridor. Because of continued delays in the scheduled completion of the Southern Connector, it is imperative that short-term solutions to the current traffic problems on this portion of Shelburne Road be implemented as soon as possible. Design • Inspection 0 Studies • Permitting 0 Surveying Mr. Phillip Mehler FILE: B6027 2 November 1987 Page Two PROJECT IMPACTS Examination of projected 1990 traffic volumes from Figure 8 of the TSM Study indicate a substantial increase in the trip generation of both the Factory Outlet and the Shelburne Road Plaza (Sears). Such an increase contradicts Table 16 of thAt report, which does not include any new development associated with either shopping center. The magnitude of the trip generation difference, from 1986 to 1990, in traffic volumes accessing the Factory Outlet equals 229 vte/hour. In comparison, an estimate of this Project's trip generation, based on ITE trip generation data, is given in Table 1. TABLE ] ESTIMATED VEHICULAR "DRIP GENERATION Average Weekday Vehicle Trip Ends 1,301 vte/day A.M. Peak Hour Enter 18 Exit 16 Total 34 vte/hour P.M. Peak Hour Enter 57 Exit 59 Total 116 vte/hour Examination of the projected 1990 traffic volumes, as presented in the TSM Study, and projected 198E design hour volumes with this Project, as calculated in previous impact studies for this Project, indicates a close correlation of turning volumes entering and exiting both the Factory Outlet and Sears. In addition, the projected 1990 volumes provide overall Shelburne Road traffic volumes between 8-12% higher than the 1980 volumes, depending on the exact location. Consequently, the projected 1990 traffic volumes developed by the TSM Study have been used as the basis for revaluating potential traffic impacts at the two primary intersections serving this Project. One adjustment, in the northbound left -turn movement at the Sears/Factory Outlet intersection was made. It is projected that the new entrance into Sears, directly opposite the new I-189 ramp, will divert approximately 40'% of the existing left -turn traffic entering Sears from the south. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Philip Mehler FILE: 86027 2 November 1987 Page Three Future operating conditions of the Shelburne Road/Sears/Factory Outlet and Shelburne Road/Home Avenue/O'Dell Parkway intersections were determined by performing intersection capacity analyses. For clarity sake, the results at each intersection will be discussed separately. Shelburne Road/Home Avenue/O'Dell Parkway The signal system at this intersection is being replaced as part of Phase I - Southern Connector construction, presently underway. At the completion of this phase, scheduled for 1980, a new phasing and timing plan will become operational. Under projected 1990 traffic volumes, as previously discussed, this intersection will operate at L.O.S. B during the P.M. peak hour. The results of this analysis, which are attached as Appendix A, confirm the findings of the TSM Study. Shelburne Road/Sears/Factory Outlet Existing signal equipment at this intersection is also being replaced concurrent with Phase I - Southern Connector construction. The VAOT has proposed a signal phasing and timing plan which is essentially the same as existing. Our analyses indicate that under projected 1990 volumes, with existing geometrics and VAOT signal design phasing, this intersection will operate at L.O.S. E/F. Again, this confirms the findings of the TSM Study. To correct this situation, the TSM Study recommends certain geomteric improvements, notably widening, removal of the existing islands, and a new signal phasing plan. The latter item, which will provide an exclusive double left -turn lane group/phase for each of the shopping centers, is primarily responsible for the increased capacity at this intersection. We have analyzed those recommendations and concur with them. Detailed results, which are enclosed as Appendix B, indicate that traffic operations at this intersection can be improved to L.O.S. C. during P.M. peak periods. CONCLUSION The results of the above analyses indicate that traffic conditions on this portion of Shelburne Road can be improved sufficiently to accomodate the additional trip generation of a 20,500 sq. ft. expansion of the Factory Outlet. We note that the a firm schedule for the implementation of the improvements recommended by the TSM Study has not yet been developed. We see no reason, however, why the FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Philip Ihleh 1 er FILE: t36027 2 November 1987 Page Four needed improvements at the Sears/Factory Outlet intersection cannot be dovetailed into the Phase I - Southern Connector construction which is presently underway. We wish to thank you for this opportunity to be of service. Should you have any questions, or if we can be of additional assistance, please feel free to contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED Roger Dickinson, P.E. CC. Dennis Webster Jane LaFleur Craig Leiner FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services I .,3L.1� AGEN STATE OF VERMONT AGENCY OF TRANSPORTATION 133 State Street, Administration Building Montpelier, Vermont 05602 pR1P Dece ler 4, 1989 tiSp Mr. Roger J. Dickinson Fitzpatrick -Llewellyn, Inc. One Wentworth Drive Willistion, VT 05495 DEC 6+ 4089 Re: Shelburne Rd/Sear/Factory Outlet Traffic Signal - File: 88173 Dear Roger: We have reviewed your November 22,1989 submittal showing the proposed traffic -signal changes at the above referenced intersection. We do not have an objection to the concept of changing to a lead -lag left turn treatment but the following must be considered: 1. The present phasing provides a clearance between the Sears and Home Avenue signals such that US 7 SB clears before the side street phase at Home goes green and US 7 NB clears before the side street green at Sears/Factory Outlet. With the proposed phasing, the SB clears but the NB doesn't prior to its associated side street phase. 2. The 15 second exclusive pedestrian phase has not been taken into account. Consideration must be given to which phase(s) the 15 seconds will come from. We assume that you will be providing further detail at a later date for other time -of -day plans and for the with and without ped. phase condition. 3. The phasing change may require hardware modifications as well as timing and wiring changes. This may require consultation with Traconex. 4. No field changes can be made until the South Connector project is completed. At that time the signals (Ramp C, Sears and home Avenue) will be turned over to the City of Burlington. The city will then be responsible for all changes as long as they do not interfere with the overall coordination on Shelburne Road. 2. If you have any questions, please call Lynne Alden at 828-2695. Very Truly Yours, Gordon B. MacArthur, P.E. Traffic and Safety Engineer GBM:LKA:dah CC: Donald Morley Joe Weith j FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive Y Williston e Vermont e 05495 a (802) 878-3000 November 22, 1989 Mr. Don hlorlev, Traffic Engineer City of Burlington Public Works Department 7 Kilburn Street Burlington, Vermont 05401 RE: Shelburne Road/Sears/Factory Outlet Traffic Signal Burlington, Vermont FILE: 8B173 Dear Mr. Morley: The City of South Burlington Planning Commission recently (August 29, 1989) required revisions t-o the phasing of the above -referenced traffic signal as part of their approval of the Factory Outlet expansion. This requirement, which was also recommended by Craig Leiner of the Regional Planning Commission, is to split the Shelburne Road left -turns into a lead -lag phasing which would run concurrently with the non -conflicting through movement. Enclosed please find the results of a capacity analysis which illustrates the proposed phasing. Its primary benefit will be to allow an additional two seconds of green time for the northbound left -turn into Sears with a minimum of impact on through traffic flow. The results of previous capacity analyses at this intersection indicate that the present 8 seconds green time of the Shelburne Road left -turn phase is inadequate. Also enclosed are the -results of a comparative analysis witl-i r-espect to the progression and signal coordination of the Shelburne Road system. These results indicate that the revised phasing will not adversely impact the existing progression along Shelburne Road. On behalf of our client, 111r. Philip Ihehler, owner of the Factory Outlet, we request your approval to implement the proposed phasing change. By copy of this letter, we are also requesting the review of Design o Inspection • Studies o Permitting o Surveying 11r . Philip I'leh 1 er FILE: 33173 November 22, 1989 Page Two this proposed revision by the Vermont Agency of Transportation. Should you have any questions or if additional information is desired, please feel free to contact us. Sincerely FITZPATRICK-LLEW�LLYN INCORPORATED Rogor J( Dickinson, P.E. cc. w/ enclosures Phillip Mehler Lynne Alden, VAOT Joe Weith Craig Leiner FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services � � � � 1985 HCM: SIGNALIZED INTERSECTIONS SUMMARY REPORT ****»********************************************************************* INTERSECTION..SEARS/FACTORY OUTLET/SHELBURNE ROAD AREA TYPE ..... OTHER ANALYST ....... RJD . DATE .......... 10-31-B9 TIME .......... P.M. PEAK HOUR COMMENT ....... W/ 19.5 K PROJECT, MODIFIED PHASING & NO E-W RIGHT TURNS __________________________________________________________________________ VOLUMES : GEOMETRY EB WB NB SB : EB WB NB SB LT 245 230 144 10 : L 12.0 L 11.0 L 11.0 L 11.0 TH 45 25 1450 1200 : T 12.0 T 11.0 T 11.0 T 11.0 RT 0 0 280 175 : 10.0 10.0 T 11.0 T 11.0 RR 0 0 0 0 : 12.0 12.0 R 11.0 R 11.0 : 12.0 12.0 12.0 12.0 __________________________________________________________________________ : 12.0 12.0 &.0 12.0 ADJUSTMENT FACTORS GRADE HV ADJ PKG BUSES PHF PEDS PED. BUT. ARR. TYPE (%) (%) Y/N Nm Nb Y/N min T EB 0.00 1.00 N 0 0 0.90 20 N 24.6 3 WB 0.00 1.00 N 0 0 0.90 20 N 24.6 3 NB 0.00 4.00 N 0 2 0.95 20 N 14.1 4 SB 0.00 4.00 __________________________________________________________________________ N 0 2 0.95 20 N 14.1 4 ' SIGNAL SETTINGS CYCLE LENGTH = 80.0 PH-1 PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 EB LT X NO LT X TH X TH RT RT X X X X PD X PD X WB LT' X SB LT X TH X TH X X RT RT X X PD X PD X GREEN 20.0 0.0 0.0 0.0 GREEN 9.0 24.0 10.0 0.0 YELLOW 4.0 0.0 __________________________________________________________________________ 0.0 0.0 YELLOW 4.0 5.0 5.0 0.0 LEVEL OF SERVICE LANE GRP. V/C G/C DELAY LOS APP. DELAY APP. LOS EB L 0.630 0.262 21.9 C 21.1 C T 0.106 0.262 17.0 C WE. L 0.637 0.262 22.2 C 21`.7 � T 0.061 0.262 16.8 C NB L 0.622 0.150 27.6 D 15.9 C T 0.914 0.512 17.3 C R 0.278 0.737 1.9 A SB L 0.058 0.112 24.1 C 13.0 B T 0.816 0.475 14.5 B R 0.183 _______________________________________________________________________ 0.700 2.3 A INTERSECTION: Delay = 15.6 (sec/veh) V/C = 0.730 LOS = C / F[FZPATR|CK,LLBV[LLYN 114CO8P0RXTED One Wentworth Drive - VV|LUSTON. VER/N0NT05495 � JOB SHEET NO, OF o^LvvL^rcnv, n^`s CHECKED BY nmc WE JQ Its FITZPATR/CK'LLBVIELLYN/NCORP0RATED One Wentworth Drive VY(LL|ST0N, VERyN0NT 05495 (802) 878'3008 xm -77 uossrwz OF C^Lovm`son, o^rc CHECKED BY DATE At 9 . O Memorandum - Planning October 16, 1990 agenda items October 12, 1990 Page 3 Other: The applicant has complied with all stipulations required under Preliminary Plat approval. Bill Szymanski has revised these plans and finds that the appli- cant has addressed all his concerns, including the drainage problems which were raised earlier in the review process. 5) F.E.P. ASSOCIATES. SECOND FLOOR ADDITION. REVISED FINAL PLAT Since the Planning Commission approved the Revised Final Plat on June 12, 1990 (minutes enclosed) the applicant has discovered several significant structural and operational challenges con- cerning the Agel Corman building. Improvements need to be made to increase the drifting snow load, to increase the efficiency of the HVAC and to increases the mechanical space which is required to allow environmentally sound rubbish separation. To make these expenses more feasible and practical, they are proposing to extend the existing second floor all the way to the rear and raise the A/C system up ten (10) feet. This new addition will be 4,800 square feet in area. Access: No changes in access to the plan approved on 6/12/90 are proposed. The plan submitted shows O'Dell Parkway as previously required. Parking/Circulation: No additional parking is required since retail parking is based on retail floor area and the addition will be used for storage. Circulation pattern will not change from the plan approved on 6/12/90. Landscaping: The landscaping requirement is $4500. The planting plan will meet this requirement based on the City's calculations and will include juniper, pin oak and flowering crab. Traffic: The original approval was based on a retail floor area of 14,500 square feet. Since the retail floor area will not be increased, traffic should not increase. The approval motion should stipulate that retail floor area shall be no more than 14,500 square feet. Other: One of the stipulations contained in the 6/12/90 approval was that a site drainage plan would be submitted to the City Engineer for approval. Bill Szymanski met with the applicant's consultant and Bill recommended that a catch basin be installed on the north side of the building and piped to the existing catch basin on the west side of the building. This improvement should be shown on the plan. 3 Memorandum October 16, October 12, Page 4 - Planning 1990 agenda items 1990 Additional information required: --- address of the record owner- --- scale (numerical and graphic) --- north arrow (true and magnetic) 6) PAUL ADAMS, WAREHOUSE, LOT 42 AIRPORT PARKWAY Paul Adams is proposing to construct a 12,000 square foot build- ing on a 2.42 acre parcel on Airport Parkway. The proposed use is for wholesale, storage and distribution warehousing. The property is zoned Mixed Industrial and Commercial. It is bounded on the north by property owned by Ray Unsworth which is proposed to be rezoned to residential. The property to the east and south is presently undeveloped. To the west are several small busi- nesses including an auto body shop and a video store. Access: Access to the property would be via an existing 30 foot right-of-way from Airport Parkway. The paved drive over this r.o.w. would be 24 feet in width. This right-of-way also serves as the access to the body shop. Parking/Circulation: 26 parking spaces are required and 29 spaces are shown including one (1) handicapped space. Size of parking spaces and dimensions of aisles and access drives meets minimum requirements. Since the plans shows 3 parking spaces above the requirements, it is suggested that the easterly parking area be reduced in size to move it away from the side lot line as it is proposed to be only two (2) feet from the boundary and also to move it away from the edge of the bank. Circulation of on -site traffic does not appear to pose any prob- lems. Landscaping: The minimum landscaping requirement for this project is $7200. The proposed landscaping is short $1587 worth of plantings. The planting plan includes sugar maple, white pine and 2 types of viburnum. Setbacks/Coverage: The building coverage is proposed to be 10.9% (maximum allowed is 30%). The total lot coverage is proposed to be 38.2% (maximum allowed is 70`/0). Only 10% of the required front yard will be used for driveways and parking (maximum al- lowed is 30%). The proposed building will meet all required setbacks. LA Memorandum - Planning June 12, 1990 agenda items June 8, 1990 Page 5 o if at any time there is a concern that the new road is being used on a "short cut", applicant shall conduct an appropriate analysis (e.g. license plate survey) at Planning Commission's request. If analysis shows a high volume of "short cut" traffic, applicant shall implement actions to discourage short cut traffic (e.g., gates). 5) BEN FRANKLIN, SHELBURNE ROAD F.E.P. Associates proposes to convert the former Agel-Corman building (office/furniture retail use) to a Ben Franklin Store office/variety retail). A sketch plan was reviewed on 5/1/90 (minutes not yet available). The only unresolved issue at the meeting was the requirement of a traffic analysis for the Factory Outlet/Shelburne Road and Home Avenue/Shelburne Road intersec- tions. Traffic: A traffic analysis (enclosed) was submitted which evaluated impacts to the above referenced intersections. The analysis indicated that both intersections would operate at LOS C in 1995 both with and without the proposed use. Therefore, the project meets the traffic requirements for planned commercial developments. The Commission should decide whether the traffic analysis should be revised to analyze the impact this use will have now that O'Dell Parkway is being improved. (See memo from Chuck Hafter). Landscaping: The project requires $600 based on an estimated $20,000 alteration cost. Landscaping is proposed which consists of Juniper, Pin Oak and Crab. The plan meets the required value. Other: All landscaping islands shall. be curbed. See Bill Szyman- ski's comments. 5 Memorandtun - City Engineer June 12, 1990 agenda items June 8, 1990 Page 2 5? AGEL CORMAN SHELBURNE ROAD 1. Sidewalks shall be at least 5 feet in width. 2. The sidewalk along Shelburne Road should extend across the entire frontage. Construction of the sidewalk will require per- mission from the City of Burlington. 3. O'Dell Parkway and parking islands should be lined with con- crete curbing. 4. A site drainage plan should be submitted for review and approval. 5. The 18 parking spaces along the easterly side conflict with the vacuum island which vehicle storage area will extend upon these parking spaces. The vacuum island should be moved away from the parking spaces. Memorandum - Planning May 1, 1990 agenda items April 27, 1990 Page 4 5) 2-LOT SUBDIVISION. RAMADA INN Ralph Deslauriers proposes to subdivide the Ramada Inn property into 2 lots of 2.7 acres and 6.0 acres. The 2.7 acre lot would front Corporate Way while the 6.0 lot (with the Ramada Inn) would front Williston Road. This is a commercial property, therefore, it is a major subdivi- sion. The lot is zoned C1 and CD1. Frontage: The City does not legally own Corporate Way. There- fore, I am not sure whether the Planning Commission can approve this subdivision unless a 20 foot r.o.w. connecting the 2.7 acre lot to a public street is established. I will check with City Attorney Steve Stitzel on whether this can be approved since it. will someday be a public street. Coverage: Coverage requirements are met. The 6.0 acre Ramada Inn lot will have a total lot coverage of 67% (maximum 70% al- lowed). Zoning: The 6.0 acre lot is zoned C1. The new 2.7 acre lot will be primarily CD1, with a small strip of C1. The proposed subdi- vision line should follow the zone boundary. why is it being skewed as proposed? Other: The Corporate Way r.o.1w. is shown as 60 feet. The cor- rect width is 80 feet. 7) AGEL CORMAN BUILDING. SHELBURNE ROAD F.E.P. Associates is proposing to convert the office/furniture store building; (Agel-Corman) to office/variety retail use (Ben Franklin Store). The property is zoned commercial 1 and is bounded on the north by a service station, vacant commercial building and Bacon Street, on the east by WVNY-22, on the south by the Factory Outlet Mall and on the west by Shelburne Road. This sketch plan was first reviewed on 3/13/90 (minutes enclosed). The O'Dell. Parkway r.o.w. runs through the property to a signalized intersection with Shelburne Road. There is also unsignalized access onto Bacon Street. 4 G Memorandum - Planning May 1, 1990 agenda items April 27, 1990 Page 5 A car wash exists on the same lot. At the last meeting, the Planning Commission decided to treat this application as a P.C.D. consisting of a variety retail, office and carwash use. The plan must show the car wash parking and circulation lanes. The plan should also show access to Bacon Street and the area that is paved and the area that is gravel. Access/Circulation: Access is provided by a signalized intersec- tion with Shelburne Road. Access is also provided by a gravel driveway onto Bacon Street and access onto the Factory Outlet parcel. The City should take this opportunity to improve access, paving, parking,etc. around the carwash building. Circulation is provided around the entire building. O'Dell Parkway is proposed to be better defined by curb landscaped islands. The opening to the fount row of parking should be closed to provide better stacking for vehicles awaiting the light at Shelburne Road. Parking:_ The proposed use requires 120 parking spaces. This represents a waiver of 10 spaces or 8%. The angled parking stalls in front of the building should be longer in order to fit a 9 x 18 rectangle. The parking for the carwash should be shown. Coverage: The existing site is almost 100% covered. The proposed plan is also almost 100% covered. Front yard coverage is also not met. I Traffic: A traffic impact study was submitted (enclosed). This study is unacceptable. My prima#y concerns are as follows: o references other reports and data, none of which are includ- ed; o based on 1984 and 1986 count data, this should be updated; o assumes 60% of trips are already there visiting other stores, no data to back this up; and o claims thatincrease in trips/traffic will not affect level. of service. This was assumed without a proper level of service analysis. The applicant told me several weeks ago that. a proper analysis would be conducted. I have not yet received anything. Memorandum - Planning May 1, 1990 agenda items April 27, 1990 Page 6 Landscaping: Required landscaping value is $600 based on an estimated $20,000 alteration cost. A landscape plan should be submitted. The Commission should require more landscaping to improve the appearance of this property. 6 l PLANNING COMMISSION 13 March 1990 page 7 traffic study from the applicant. Mr. Carroll noted that T.J. Maxx didn't have to do one. Mr. Belter felt the Commission was asking for too much that the applicant doesn't have control over. Mr. Austin wanted to see some evidence of how things will circulate on adjacent lots. He wanted to see the carwash in the drawings. Members agreed to treat the application as a p.c.d. for a variety store, office use, and carwash. They said the applicant must show adequate circulation and parking for all those uses. As there was no further business to come before the Commission, the meeting adjourned at 11:40 pm. Clerk PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hear- ing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, June 12, 1990 at 7:30 P.M. to consider the following: 1) Revised Final Plat application of F.E.P. Associates, c/o Champlain Financial Group, for conversion of a 24,000 square foot office/furniture store (Agel-Corman Building) to office/variety retail use, 518 Shelburne Road. The 24,000 square foot building is part of a planned commercial development which includes a car wash facility. The property is bounded by Champlain Oil Company, Albert Reyes, Farrell Corporation, Thomas Farrell, Heathcote Associates and Shelburne Road. 2) Preliminary plat application of Ralph Deslauriers for subdi- vision of an 8.7 acre parcel containing a hotel into two lots of 6.1 (hotel) and 2.6 acres, Williston Road. The parcel is bounded by Rexbo Development, Inc., S. Mongeon, J. Russell, J. Chiu, M. Post, J. O'Brien, South Burlington Realty, E. Greer, RBS Realty, AMI Burlington, Inc., Investors Management Company, Williston Road, Mary Street and Corporate Way. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess, Chairman, South Burlington Planning Commission May 26, 1990 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 18, 1990 Mr. James Carrol FEP Associates c/o Champlain Financial Group Champlain Mill #43 Winooski, Vermont 05404 Re: Ben FRanklin, Shelburne Road Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 Enclosed are the 5/1/90 Planning Commission meeting minutes. Please call if you have any questions. nce*y,// C�- oe Weith, ity Planner 1 Encl JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 14, 1990 Mi. Bob Edwards Highpoint Realty One Roosevelt Highs-aay Colchester, Vermont 05446 Re: Ben Franklin, 518 Shelburne Road Dear Mr. Edwards: ZONING ADMINISTRATOR 658-7958 This letter confirms that the South Burlington Planning Commis- sion approved the Revised Final Plat application for the above referenced project. This approval was granted at. the June 12, 1990 meeting. This satisfies all City approvals required for this project. Please meet the stipulations contained in the approval motion before applying for a building permit. Please contact me if you have any questions or if I can be of further assistance. S�6c�rel.y J�e Weith, ' C ty Planner JW/mcp Planning File Data for Computer Input 1. Original Property Owner Z. Developer's Name��- 3. Name of Development 9. Address of Development or Project .-/P 6. 'Type of Project Minor Subdivision (� Major Subdivision (MS) Site Plan (SP) qq 6. Zoning District 1 C'1 7. Zoning District Z S. 'Zoning Board Approval date if Required y. Date of Planning Commission Hearings/Meetings Site Plan Date or Sketch Plan Date-ti 10. Preliminary Plat date _ 11. Final Plat Date iG. Revised Final Plat Date 1 (if applicable) y!� 13. Revised Final Plat Date 2 (if applicable) 14. Acreage of Total. Project 1 5 . Use of Land 1 1 G . Use of' band Z U s E n f Land 3 1 `-a . Number of Lots Niiniher of Single Family tjnit�. I NiimhPr of M1.1lti-family Units t n ('ost of Iiui Idin I 23. Size of Building (Square footage) 24. Streets City Street CS Private Street PS 25. Date of Acceptance of streets by City a 26. Bond -Landscaping_ 27. Bond -Streets 28. Bond -Sewer 29. Bond -Water 30. Bond -Other 31. Date Mylar Due (90 days after approval) 32. Date Recorded 33. Expiration date of Approval 34. Date of First Building Permit 34 . Tax Map Number 3 S - I -,,�- t Is- -I - 3 36. Map File Location 1 37. Map File Location 2 38. Map File Location 3 Other fees ('Type and amount) A3 j f q SkB*44tGW�` TwinA.1/1 1-¢. Preparers Name:___ Date: Posted in Computer (Name, Date):_ 4 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Revised Final Plat application of F.E.P. Associates, c/o Champlain Financial Group, for conversion of a 24,000 square foot office/furniture store building to office/variety retail use as depicted on a plan entitled "O'Dell Parkway -Home Avenue.. Intersection, 518 Shelburne Road, South Burlington, Vermont, Conceptual Entrance Plan", prepared by Graphic/Construction Management Services, Inc., and dated 5/4/90, last revised 5/7/90, with the following stipulations: 1). The applicant shall post a $600, 3-year landscaping bond prior to permit. 2). The applicant shall contribute $3, 184 to the Shelburne Road Intersection Improvement Fund based on the 124 new peak hour trip ends to be generated by this project. 3). The plan shall be revised to show a sidewalk along the Shelburne Road frontage south of the entrance. The applicant shall obtain approval from the City of Burlington to construct the sidewalk. 4). The plan shall be revised to show that O'Dell Parkway and the parking and landscape islands shall be lined with concrete curbing. 5). A site drainage plan shall be submitted to the City Engineer for approval prior to permit. 4') . The­pl`an shall .be revised .i sho he vacuum i �l and mo�✓ ed closer to the 4r ,,wash. the vacuum island shal e moved prior t6 occ-oAcy o�build' 21. A revised plan addressing the stipulations above shall be submitted to the City Planner prior to recording the final plat. -T The Revised Final Plat shall be recorded within 90 days or this approval is null and void. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 8, 1990 Mr. James Carroll FEB Associates c/o Champlain Financial Group Champlain Mill #43 Winooski, Vermont. 05404 Re: Ben Franklin, Shelburne Road Dear Mr.Carroll: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, June 12, 1990 at 7:30 P.M. to represent your request.. i cere y, Joe Weith, City Planner Encl s JW/mcp r,ix-i`i rf?t'"�?E�� M E M 0 R A N D U M To: South Burlington Planning Commission From: Chief Goddett.e Re: June 12, 1990 agenda items Date: June 8, 1990 2) RAMADA INN 2-LOT SUBDIVISION. WILLISTON ROAD �i f3d OFFICE OF 1N. GODDETTE, i CHIEF �i7v�j UJb-i �bU Plans were reviewed in this department and at this time I do not. see a problem with the subdivision. 3) PILLSBURY MANOR II. WILL,ISTON ROAD During the review of this project the following must be corrected if we are to give proper emergency protection if needed: a) The water system must be a looped system. b) A hydrant installed by the drive on Williston Road. c) The hydrant at the north west end of the older building must be relocated to be at least 30' from the building. 5) F.E.P. ASSOCIATES, 518 SHELBURNE ROAD The department has review the plans on the changes .for this project and at this time I do not have a problem as long as the project is constructed as shown on the plan. I I i r/s I I I /l//GG ES I FCL.yG L. 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LO/J/r/C /.//L /✓FOL A//r/O L/ FC2 TL//J J/rE ,✓/J phC✓//!t0 dY OWd./Eb L/PO f/ J/rE /�L/LJT/L/G .SCN6.OULL= LfR dHr 11HNOL/ NOL/G ROr. N!/Je f/SE <Osr S✓d. 1i ?� J/RG E.�T Jtl ✓iPe2 J</LI/Oe 6t/1 L!//✓iJ/eJ/aG. /E'/ ZJ c<' SOO.« g G P/L/ o/LJ 4ued:e uJ P/L US rb/S J"en// ?5c.o< /Seo.cr G 5 FL PI✓ea./uG ca/G HlLUJ f/N/LY 3'o!V ?E'oro NorEs. / 3eT /[t syaudJ /u G•Ev aF as/a Lc </uL<y. Z NOUL/O /LG PLl ti/r/uCs Q2G/J {//�,/NVH /L " 3, COJr OF P/cd pL/Nr/l/G /✓<4f/Oe1 /L/3 r/LGd r/O!/, fS 1 / ¢•ZG •90 dcrPR Ec o/a r/uG d ooGo 9 / U U E U <C.✓G c u[9.ut, /uo dL re ex, 4 q • 9c !/L'C+h/OGo Ptlu !S PEt JaG rc // oLe✓ aEV/E MAY 8 1990 Er.Tzc�:■:rs F•St-9c aFOJEOT: owc. No SITE SHEET OF TO: FROM: RE: DATE: 1. W tirlititittin f it e ,O epnrtrnent 5771 KILlr�-, vt Irrrf i�,utctf) iflurlilitalou, 11crawal 0-540 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE (802) 658-7960 _NBA iTE;pis P ejF_-1 f4 l A14Jes1 00X4 Nja=� THURSDAY MAY 24,1990 RAMADA INN 2—LOT SUB —DIVISION WILLISTON ROAD PLANS WERE REVIEWED BY THIS DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THE SUB —DIVISION. 518 SHELBURNE ROAD F.E.P. ASSOC. THE DEPARTMENT HAVE REVIEWED THE PLANS ON THE CHANGES FOR THIS PROJECT AND AT THIS TIME I DO NOT HAVE A PROBLEM AS LONG AS THE PROJECT IS CONSTRUCTED AS SHOWN ON THE PLAN. 3. PILLSBURY MANOR II WILLISTON ROAD DURING THE REVIEW OF THIS PROJECT THE FOLLOWING MUST BE CORRECTED IF WE ARE TO GIVE PROPER EMERGENCY PROTECTION IF NEEDED: A. THE WATER SYSTEM MUST BE A LOOPED SYSTEM. B. A HYDRANT INSTALLED BY THE DRIVE ON WILLISTON ROAD. C. THE HYDRANT AT THE NORTH WEST END OF THE OLDER BUILDING MUST BE RELOCATED TO BE AT LEAST 30' FROM THE BUILDING. M E M OR A N D U M To: Applicant From: William J. Szymanski, City Engineer Re: Preliminary Comments Date: May 29, 1990 RAMADA INN. WILLISTON ROAD The proposed 24' wide right-of-way shall coincide with the curb cut that will serve parcel "B" when it is developed. AGEL CORMAN, SHELBURNE ROAD 1. Sidewalks shall be at least 5 foot in width. 2. The sidewalk along Shelburne Road should extend across the entire frontage. Construction of the sidewalk will require permission from the City of Burlington. 3. O'Dell Parkway and parking island should be lined with con- crete curbing. 4. A site drainage plan should be submitted for review and approval. 5. The 18 parking spaces along the easterly side conflict with the vacuum island which storage area will extend upon these parking spaces. PILLSBURY MANOR III. WILLISTON ROAD 1. There should be a grass strip (3 foot minimum) between curb and sidewalk to allow for snow storage from road and sidewalk. 2. The end of the street should include a turnaround. 3. The site drainage has been addressed with the addition of a retention area to control runoff. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 658-7953 OFFICE OF CITY MANAGER CHARLES E. HAFTER June 5, 1990 Bill Burgess, Chairman Planning Commission City of South Burlington South Burlington, VT 05403 Dear Bill: At the City Council meeting of June 4, 1990 the Council discussed the recent improvements to the "O'dell Parkway through access" by Mr. Farrell and its' potential impact on traffic patterns. The City Council is very concerned about the increased trip generations that the Ben Franklin store could cause in the area and any potential impacts from the proposed additions to the Meadowbrook Condominiums. Thus, the Council feels it is very appropriate for a traffic study to gauge the potential impacts of these projects, in particular the effect of having O'dell Parkway under public ownership and developed as a City street. The Council wishes to see the cost of this study borne by the effected developers. Sincerely, CJ'a Charles Hafter City Manager CEH/peh PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 May 31, 1990 Mr. Craig Leiner Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, Vermont 05403 Re: Traffic Analysis, Ben Franklin, Shelburne Road Dear Craig: ZONING ADMINISTRATOR 658-7958 Enclosed is a traffic analysis for the proposed Ben Franklin store on Shelburne Road. Ben Franklin is proposing to move into the building formerly occupied by the Agel Corman Furniture store, just north of the Factory Outlet Mall. I would greatly appreciate it if you would review the technical aspects of the analysis and provide me with any comments or concerns you may have. The applicant is expected to come before the Commission on June 12, 1990. Your comments a week before that date would be appreciated. Please feel free to contact me if you have any questions. Thank you for your assistance. inc rely, i Joe Weith, City Planner 1 Encl JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 30, 1990 Mr. James Carrol FEP Associates c/o Champlain Financial Group Champlain Mill #43 Winooski, Vermont 05404 Re: Office/variety retail, Shelburne Road. Dear Mr. Carrol: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments from City Engineer, Bill Szy- manski. Please contact me if you have any questions. Scer el , oe Weith, City Planner 1 Encl JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 August 21, 1992 James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin - Circulation/Parking Lot Improvements Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, August 25, 1992 to represent your request. If you have any questions, please give me a call. Sincerely, 'oe weith,R�6 City Planner Encls JW/mcp Memorandum - Planning August 25, 1992 agenda items August 21, 1992 Page 6 Sewer: The current sewer allocation for these units is 52,500 gpd based on 50 three (3) bedroom units and 100 two (2) bedroom units. The applicant should indicate whether these numbers have changed. Revised Final Plat: For revised final plat review, the following information should be provided: --- typical elevations for the residential buildings --- locations of screened dumpsters --- exterior lighting details --- landscaping plan with schedule --- building costs --- utilities, roads, grading, drainage, etc. --- conditional use permit from the Zoning Board of Adjustment. 5) F.E.P. ASSOCIATES/BEN FRANKLIN - REVIEW CIRCULATION The applicant is returning to the Planning Commission to have their traffic circulation reviewed as a condition of the 1/8/91 approval (minutes enclosed). Condition #4 of this approval required that temporary barriers be erected as per the approved plan and that the applicant return to the Commission to review circulation after one (1) year occupancy. At this meeting, the Commission is to determine whether the proposed circulation improvements (i.e., curbing) should be permanently installed, or if some other circulation improvement design should be installed. The temporary barriers that were installed were not installed as shown on the approval plan, although they have greatly improved traffic circulation . It is staff's opinion that the placement of permanent barriers as shown on the approved plan would further improve traffic circulation. It would also allow the applicant to install the approved landscaping which would greatly enhance the appearance of the site. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 13, 1992 Mr. James Carroll FEB Partners 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin - Circulation/Parking Lot Improvements Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced application. You have been scheduled for the August 25, 1992 Planning Commission meeting. If you have any questions, please give me a call. Sin ely, D Raymond J. Belair, Zoning and Planning Assistant Encls RJB/mcp M E M O R A N D U M To: Project Files From: Raymond J. Belair, Zoning and Planning Assistant Re: Preliminary Comments - August 25, 1992 agenda items Date: August 14, 1992 BEN FRANKLIN - CIRCULATION/PARKING LOT IMPROVEMENTS --- the temporary barriers approved on 1/8/91 are not installed as shown on the approved plan although they have greatly improved traffic circulation. --- it is staff 's opinion that the placement of permanent barriers as shown on the approved plan would further improve traffic circulation and would allow the applicant to install the approved landscaping and enhance the appearance of the site. 1 A/o AJE JvE. ex/Jr/pG -� S YJ reA/ hdco,x/ srILccT dAEd h L.1d A I r==T Prr� Fcfoc t� W Aua /usro« c96.✓ds ca J T< <of= er u<r/v , 41 I f Ua ✓r3N /</O I� // / y^ � \ h IV VAe Y•11 //e.✓f/c' E //J / / y �ycF LIA//rJ of JR PevoA,oAr ..............................................-............................... ....y�7,^ No'Pd.e K/ur. -+� ,o• Y'.•••i W. e...s eels �� ,$ elzf Sroerr oe Lf✓ \ ..............( <oA o/ua 7...C% ..... yrG rl ' J °0 u E//!1 dG4NH /JL e.✓/J J.Ec...,cfo F4c.22 Jeccun F<.oc�/ If a -... _ - 1 c+FFrcrs / / eoa/rfaf✓ / I V /We ENO / LJ - i I o ( eo,ucaere I I _ A/i) E d/SI' a/4) d/31 c Uq.p W.ry 19e/a3 ::'x/sr/.u<./i � �- UFO fr L[. Jae tfL t✓eY U � u.rLev I / al - 1 1 I 2.0. I I 125 fo O /O 20 So ¢0 50 ao 9.0 I [0cd r/,0 RECEIVED OGT 1 � 1990 City of So. Burlington LEGEIJD Tg�z To ce er> noveO C� — it^f r ow + Tb!!L ` -ro ce eaw1up FOL& IJ4H(16 —EoeP= L-= of em*ur, "Heur 0 ptN Ft FOX -x-x- cmw uww FCLet: —...-r exrgILr, D911V44 -•-o- WOW FsWA 0 COXECIT MONU✓IeL1 PMT056D ceaLA6.0 csuouous �j WALL Kn XK5 [/5 es 1�ay�pcc - - - - - - GZAM uwr" - 0tttK+mw jimoe>_ — FWPWTY umes e— L WD4r RTV cgujte uW0 : A SLOW `+rO04F Too for OF Cdwv em SjpRAt prNWA4e frE [/E 2LL ,gores /. 1v,ccAHLr/OA/ FOA rf//J J/TE PLd A/ WdO OdrIIAIA F�oN s/ri Pte,u BY N/c Ne/L ol,6L.✓ 1,/.d. oL r60 FEEa U1AV Z/, 1160r. 1. doof r/o Ar/L /A/FOLA/dr/OI/ FD/L Ty/J 6/re web P2o✓/J360 BY ow✓EL L/PO AJ J/rE vEfL/F/cerJod. 3. 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SITE SHEET OF City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4746 PLANNER 658-7955 June 26, 1992 Mr. James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin - Landscaping Escrow Agreement. Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 In reviewing your Escrow Agreement for landscaping at the Ben Frankl4in property I found that is expired on 9/6/91. The Planning Commission approval of 6/12/90 required that the landscaping bond be for a three (3) year period. We therefore request that this Escrow Agreement be revised to expire on 9/6/93. A copy of this agreement is enclosed for your information. Thank you for your attention to this matter. If you have any questions, please give me a call. Sincly, RaYd'T Belair, Zoning and Planning Assistant RJB/mcp PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 a Mr. James Carroll FEP Partners 42 Hercules Drive Colchester, Vermont 05446 June 24, 1992 ZONING ADMINISTRATOR 658-7958 Re: Ben Franklin - Circulation/Parking Lot Improvements Dear Mr. Carroll: The Planning Commission discussed your letter dated June 1, 1992 regarding the above referenced improvements for the Ben Franklin store on Shelburne Road. The letter was discussed at the 6/23/92 Planning Commission meeting. The Planning Commission agreed to postpone review of the circulation improvements issue to the end of August. I have scheduled you for the 8/25/92 Planning Commission meeting. The Planning Commission has requested that staff invite representative of Chittenden Bank to give a status report on their negotiations regarding the improvement of O'Dell Parkway. I will touch base with you in early August to discuss the 8/25 meeting and any additional information which may be required. Please do not hesitate to contact me if you have any questions. Si4erely J e Weith, City Planner JW/mcp 4 g g-T -e- //gel? aIa., 0 CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1 ) Name of Applicant 2 ) Name of Subdivision Cvw►-is 1 �� 3) Indicate any change to name, address, or phone number owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary application of pl at 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental imetable since preliminary plat application: a Sgt' UV1�V 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and containing all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations or a minor sudivision and under Section 204.1(b) for a ajor ubdivision. (Signature) applican or on act person 1- Date PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday', October 16, 1990 at 7:30 P.M. to consider the following: 1) Final Plat application of John Larkin for construction of a 20,000 square foot, 40 room community care facility in conjunc- tion with an existing community care facility, Pillsbury Manor I and III, Williston Road. The property is bounded on the east by Merriam Graves Corporation, M. Guerra, and J. Racine, on the north by 0. Morton, J. Merchant, R. MacLeod, and A. Byrnes, on the west by H. Slack, C. Atwood, E. Billings, and R. Perry and R. Schmucker, and on the south by Williston Road. 2) Revised Final Plat application of F.E.P. Associates, c/o Champlain Financial Group, for construction of a 4,800 square foot, second floor addition to an existing 24,000 square foot office/variety retail building. The subject building is part of a planned commercial development which includes a car wash facil- ity. The property is bounded by Champlain Oil Company, Albert Reyes, Farrell Corporation, Thomas Farrell, Heathcote Associates and Shelburne Road. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission September 29, 1990 / YO z4 •+" t o STEVEN F. STITZEL PATPI R. PAGE" ADAM E. BRIDGE (*AI.S0 ADMITTED IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 660-2555 FAX (802) 660-2552 December 13, 1990 Jon Eggleston, Esq. Miller, Eggleston & Rosenberg, Ltd. PO Box 1489 Burlington, VT 05402 Re: FEP Associates Project (Agel-Corman Building), Shelburne Road Dear Jon: OF COUNSEL. ARTHUR W.CERNOSIA I am writing to follow up on Joe Weith's November 29, 1990 letter to Jim Carroll regarding the above -referenced project. It is my understanding FEP Associates received approval for a revised subdivision plat from the South Burlington Planning Commission on October 16, 1990. This revised subdivision plat approval authorized certain site improvements and the renovation and utilization of the Agel-Corman building, so-called, for specific uses. Thereafter, FEP Associates applied for and received from the South Burlington Administrative Officer zoning permit no. 90-094, issued November 20, 1990. Following issuance of the above -referenced approvals, the City learned that questions exist regarding your authority to use 18 parking spaces as shown on your approved revised final plat. It is the City's understanding that you intend to submit a new revised final plat showing elimination of such spaces and modifying the proposed use of the Agel-Corman building so that the remaining parking is adequate. In the meantime, you wish to continue your renovation of the building. It is the City's understanding that the purpose of these renovations, in substantial part, is to replace the existing roof which has developed significant leaks and upgrade the insulation to improve the heating efficiency of the building. As I advised you during our meeting on December 7, 1990, the approval granted by the planning commission in October was based upon your client's representations that it had authority to use all of the designated parking. Since your clients now agree that there is controversy regarding its use of all of the designated Jon Eggleston, Esq. December 13, 1990 Page 2 parking, it is the City's position that it is not now obligated to honor the approval granted FEP Associates in October. At the same time, the City recognizes that FEP Associates will likely obtain approval for some, though perhaps reduced, use of the Agel-Corman building upon submission of its revised plan with 18 fewer parking spaces. Based on this, the City, acting through the administrative officer, is willing to allow you to proceed with the building renovations authorized by zoning permit no. 90- 094 subject to the following conditions: 1. You agree not to commence use of the building for any use until such time as you have received all approvals required under the City subdivision regulations and zoning regulations for such use. 2. If you fail to obtain approval for your requested use of the building and challenge a decision of the City denying such requested use, you agree not to argue that you should be entitled to such use because the City allowed you to proceed with renovations of the building to your detriment. Please understand that the City believes that there are unusual circumstances that justify this manner of handling this particular situation. Specifically, you did receive approval for the renovation and use of an existing building and began work on the basis of such approvals. The renovations are necessary to preserve and protect the existing building. Finally, the only change since the original approval is a reduction in available parking. The problem created by this reduction can be remedied by reducing the intensity of use of the building. If the proposal contained in this letter is acceptable to your clients, please have them sign and return to me a letter acknowledging their acceptance. Very truly yours, Steven F. Stitz 1 SFS/mld L:\SON177.cor cc: Joe Weith December 11, 1990 Jon Eggleston, Esq. Miller, Eggleston & Rosenberg, Ltd. PO Box 1489 Burlington, VT 05402 Re: FEP Associates Project (Agel-Corman Building), Shelburne Road Dear Jon: I am writing to follow up on Joe Weith's November 29, 1990 letter to Jim Carroll regarding the above -referenced project. It is my understanding FEP Associates received approval for a revised subdivision plat from the South Burlington Planning Commission on October 16, 1990. This revised subdivision plat approval authorized certain site improvements and the renovation and utilization of the Agel-Corman building, so-called, for specific uses. Thereafter, FEP Associates applied for and received from the South Burlington Administrative Officer zoning permit no. 90-094, issued November 20, 1990. Following issuance of the above -referenced approvals, the City learned that questions exist regarding your authority to use 18 parking spaces as shown on your approved revised final plat. It is the City's understanding that you intend to submit a new revised final plat showing elimination of such spaces and modifying the proposed use of the Agel-Corman building so that the remaining parking is adequate. In the meantime, you wish to continue your renovation of the building. It is the City's understanding that the purpose of these renovations, in substantial part, is to replace the existing roof which has developed significant leaks and upgrade the insulation to improve the heating efficiency of the building. As I advised you during our meeting on December 7, 1990, the approval granted by the planning commission in October was based upon your client's representations that it had authority to use all of the designated parking. Since your clients now agree that there is controversy regarding its use of all of the designated parking, it is the City's position that it is not now obligated to honor the approval granted FEP Associates in October. At the same time, the City recognizes that FEP Associates will likely obtain approval for some, though perhaps reduced, use of the Agel-Corman building upon submission of its revised plan with 18 fewer parking spaces. Based on this, the City, acting through the administrative officer, is willing to allow you to proceed with the building renovations authorized by zoning permit no. 90- 094 subject to the following conditions: 1. You agree not to commence use of the building for any use until such time as you have received all approvals required under the City subdivision regulations and zoning regulations for such use. 2. If you fail to obtain approval for your requested use of the building and challenge a decision of the City denying such requested use, you agree not to argue that you should be entitled to such use because the City allowed you to proceed with renovations of the building to your detriment. Please understand that the City believes that there are unusual circumstances that justify this manner of handling this particular situation. Specifically, you did receive approval for the renovation and use of an existing building and begin work on the basis of such approvals. The renovations are necessary to preserve and protect the existing building. Finally, the only change since the original approval is a reduction in available parking. The problem created by this reduction can be remedied by reducing the intensity of use of the building. If the proposal contained in this letter is acceptable to your clients, please have them sign and return to me a letter acknowledging their acceptance. Very truly yours, Steven F. Stitzel SFS/mld L:\SON177.cor FEP Partners 42 Hercules Drive Colchester, Vermont 05446 December 3, 1990 City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Attention: Joe Weith, City Planner Dear Joe: Thank you for your letter of November 29th. We have attached the $30.00 filing fee, the revised Plat and application for our revised use of the Agel Corman building. As I had previously advised you that due to a change in circumstances, that we were revising the existing use to comply with less parking requirement due to our negotiated settlement with Mr. Farrell. In addition, the use of the building had been altered in that we were no longer bound by the legal obligation to the third party tenant, in that he had violated his lease and had requested that he be out of the building prior to the end of our improvement period. I take some exception to the issue as to legal rights as it is not an issue of legal right, it has to do with mutual consent in conformance with zoning regulations. This was very clearly discussed at the beginning of the planning session and that the Planning Board had decided to stay out of the issue as to who had the right to use what, but rather that it was done on a first come first serve basis. It was further indicated by the Planning Board that any disputes would be settled between parties rather than directly between the town and individuals. All of these factors were well known and well understood by the Planning Board having dealt with this issue in great depth with the Factory Outlet Mall. Therefore, what I am saying to you is that we have a negotiated agreement as it applies to filed Plats. Practically speaking, anyone can park any where down there and in effect, go to wherever they please because there is no method of stopping individuals from performing that way. However, we have agreed with adjacent land owners as to, shall we say exclusivity and non -impact. Therefore, areas of grayness have been turned into white and other areas of grayness have been turned into black and the net Page 2 December 3, 1990 Joe Weith result is a clear cut win/win proposition for ail parties. I take strong exception when there is any reference to us having made presentations that we do not have a basis in making. That was flat out, not the case. This agreement is within the past five weeks and this application has been going on for seven or eight months. What gives me great concern, is the second sentence in your second paragraph advising us to cease construction on the building until this matter is resolved. There is no matter to be resolved with respect to the construction. We have valid and legal permits to do what it is that we plan on doing. Please rote that at this point and time, there is no construction going on. There is cleaning, demolition and repair which is absolutely necessary to comply with structural codes and regulations. We asked for and ask for again, recognition of the attached Plat Plan wherein the change in use of 6,000 existing square foot of office space is changed for use for our purposes of storage and operations, where we will have our people going in and out of that space in the normal course of our business without expanding our retail space downstairs. I understand your reluctance to grant the permit without our going to the Planning Commission and therefore, we basically will not use the 6000 square feet until we have permission for its change of use. I think our permits are completely valid with respect to the second floor addition and the change in use on the first floor, which is not in question. It is obvious that you are raising an issue as it applies to the 6000 square feet of office. By this letter I am advising you that until the Planning Commission has had the opportunity to review our plan and approve it, that we will not do anything with that 6000 square feet of space. I think at this point, that practicality needs to be taken into consideration by the bureaucracy in that we are losing the optimum weather conditions. All parties need to recognize that this has been a very long, drawn out and thoroughly researched matter and that with our acknowledgment of not using more than the 4800 square feet on the second floor that has been approved, that we are in compliance. The 18 parking spaces to the rear are the result of a recently negotiated agreement between parties, and I hope that you will reconsider and deal with this matter administratively, rather'` than have a protracted delay and time consuming process of another Planning Board meeting. Page 3 December 3, 1990 Joe Weith Thank you very much for your cooperation and I look forward to discussing this with you in the future. Sincerely, I James F� Carrdli, CLU, ChFC JFC:la misc/JC/Weith.Joe City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 29, 1990 Mr. James Carrol Champlain Financial Group 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin, Shelburne Road Dear Mr. Carrol: ZONING ADMINISTRATOR 658-7958 As explained in my letter dated 10/31/90, the South Burlington Planning Commission approved your application for a 28,400 square foot building consisting of 6,000 square feet of office use and 22,400 square feet of variety retail use (14,500 square feet of retail floor area). The approved plan specifically identifies the 6,000 square feet of second floor offices and shows 123 total parking spaces. The City has since learned that you may not have legal right to use the 18 easternmost parking spice-- shown on the approved plan. If this is the case, you may not have an approved plan since you misrepresented parking spaces for the proposed uses. Therefore, I advise that you cease construction on the building until this matter is resolved. You should submit for approval by the Planning Commission a new plan which does not show the 18 easternmost parking spaces. If you desire to continue the 6,000 square feet of second floor office use, the Planning Commission will have to grant a waiver of 15 required parking spaces. If you request approval for only storage use in the entire second floor (no office), the 105 spaces will be sufficient to meet the parking requirements for retail/storage use of the entire building. This option will require approval of a new plan which indicates storage use of the entire second floor. Mr. James Carrol Ben Franklin, Shelburne Road November 29, 1990 Page 2 A new plan must be approved by the Planning Commission. Please submit the revised plan, new final Plat application and $30.00 application fee to me as soon as possible. Once I receive these items I will schedule your application for the Planning Commis- sion. 7iely,,, ith, City Planner cc: Dick Ward, Zoning Administrative Officer Steve Stitzel, City Attorney JW/mcp FEP Partners, Inc. 42 Hercules Drive Colchester, VT 05446 November 14, 1990 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Attention: Mr. Joe Weith Reference: Your Letter of 10/31/90 Dear Joe: Thank you for your prompt response to my 10/30 letter. I am disappointed that such a simple change requires full planning approval. However, I am not sure you fully understand the circumstances. Let's take a shot at the facts. 1. Our office tenant has defaulted on the lease and asked to be released. Since we were bound by the lease we had no choice but to apply for office space approval. Therefore, we have decided that we are not going to spend the money to upgrade that space to be leasable to third parties. The market is too soft. We will use it for our own purposes as support space. No tenants. 2. As part of our friendly negotiations with adjacent land owners, we have struck an Agreement where the spaces which are due east are not needed by us. Due to our change in use above. Referenced to legal issues, I think are inappropriate as there is no conflict. We have secured concurrence from all interested parties. I think the planning group is quite familiar with the commercial condominium concept applied to this area and all legal notifications have been served. Mr. Joe Weith November 14, 1990 Page 2 Our counsel on this matter is Jon Eggleston of Miller, Eggleston, & Rosenberg, Ltd. at 864-0880 if you have any concerns that I have not addressed. Since this request cannot be handled administratively and our tenant won't vacate till 12/31, we will have to go ahead under our existing legal permits. Whether does not allow any further delay. Since our new situation 01/01/91 and on is a reduction in use I can't imagine there will be any objections. We are deleting a resource intensive use and not replacing it. In your last paragraph concerning future complication and delays, I feel the need to respond. These changes are not borne by our actions or errors. Each represents an impact of a normal course of business. I.e., a tenant defaults. To refit costs money and there are not prospective tenants available. I would see that the change should occur at the planning office level. I think the town should give you greater authority. You are clearly capable of making these decisions. Since we will now be tax payers we will advocate to appropriate parties that your job scope and authority be increased. The other towns I have worked with would not have required a hearing on either of these two recent changes. Thank you again, for your prompt response. We will look forward to coming before the Board in December to gain approval of our unexpected use change. Best Regards, 9 S- James F. Carroll, CLU, ChFC JFC/tmw cfg/frnkbn/weith.joe f �Zrzt_l.,j Lf-A L LS 'Orri 61E5 Z-0 A C x S-. %19 I Z, - -s Memorandum - Planning ' May 1, 1990 agenda items April 27, 1990 Page 5 A car wash exists on the same lot. At the last meeting, the Planning Commission decided to treat this application as a P.C.D. consisting of a variety retail, office and carwash use. The plan must show the car wash parking and circulation lanes. The plan should also show access to Bacon Street and the area that is paved and the area that is gravel. Access/Circulation: Access is provided by a signalized intersec- tion with Shelburne Road. Access is also provided by a gravel driveway onto Bacon Street and access onto the Factory Outlet parcel. The City should take this opportunity to improve access, paving, parking,etc. around the carwash building. Circulation is provided around the entire building. O'Dell Parkway is proposed to be better defined by curb landscaped islands. The opening to the fount row of parking should be closed to provide better stacking for vehicles awaiting the light at Shelburne Road. Parking: The proposed use requires 120 parking spaces. This represents a waiver of 10 spaces or 8%. The angled parking stalls in front of the building should be longer in order to fit a 9 x 18 rectangle. The parking for the carwash should be shown. Coverage: The existing site is almost 100% covered. The proposed plan is also almost 100% covered. Front yard coverage is also not met. Traffic: A traffic impact study was submitted (enclosed). This study is unacceptable. My prima#y concerns are as follows: o references other reports and data, none of which are includ- ed; o based on 1984 and 1986 count data, this should be updated; o assumes 60% of trips are already there visiting other stores, no data to back this up; and o claims that incr6ase in trips/traffic will not affect level of service. This was assumed without a proper level of service analysis. The applicant told me several weeks ago that a proper analysis would be conducted. I have not yet received anything. 5 Iow- y-9 I jjjg�y,%j & 69L40S;p k4-a; l Flocore. Is. -re-&— = 97 sn,,e-S 6. Bonds to cover construction of streets, sidewalks, improve- ments to McIntosh/L&M Park/Shelburne Road intersection, synchroa- tion of signals along Shelburne Road from Allen Road to I-189, the closing of the southern access to Vermont National Bank, deceleration lane into the project, and other utilities in an amount to be approved by the City Engineer shall be posted prior to permit. 7. A recreation fee of $30,000 shall be posted prior to permit. 8. Prior to permit, the applicant shall submit a letter to the planner from the VAOT approving proposed improvements on Route 7 (i.e., new signal, synchronization of signals from I-189 to Allen Road, deceleration lane). Improvements shall be complete prior to issuance of a certificate of occupancy. 9. The applicant shall submit to CWD prior to permit revised hydrant typicals for approval. 10. A sewer allocation of 65,375 gpd is granted. This assumes 52,500 gpd for the residential portion and 12,875 gpd for the commercial portion. The applicant shall pay the $2.50 per gallon fee prior to permit. 11. The applicant shall contribute $15,995 to the Shelburne Road Intersection Improvement Fund based on the 623 peak hour trip ends to be generated by this project. 12. The Planning Commission approves parking spaces. This represents a waiver of spaces from the total required by Zoning. 13. TMA? 14. The revised final plat (including survey plat) shall be recorded in the South Burlington land records within 90 days or this approval is null and void. f 1AC, CAL LS " ► ( �F- kvok A, Q., 60001-:) s - 2q- IIto spAC�s o �z� TO H ERMAN S. THOMAS AND MAVIS C. THOMAS KNOW ALL MEN BY THESE rnESE1ITS: 'rhet I, Thomas a carrell, of South Burlington in the County of Chittenden and State of Vermont, r3rantor, in the consideration of Ten and More Dollars paid to my full satisfaction By Herman S. Thomas and Hayti C. Thomas, husband and wife, Grantees, by these presents, do freely Give, Grant, Sell, Convey and Confirm unto the said Grantees, Herman S. Thomas and Mavis C.Thomas, husband and wife, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as followat A 'Jece or•peetreA;ot•land looakbd easterly of Shelburne Street in said Town with building thereon standing, being all and the same pler,e or parcel of land bounded as said building is bounded to- gether with easements appurtenant thereto, as shown on a map entitled "Plan and Land Easements, 518 Shelburne Street, South Burlington, Vermont, Thomas A. Farrell, Owner", dated October 2l;, 1959, and to be recorded simultaneously harewith: I. grantees shall have an easement for overhang of the existing canopy and cornices and for lons- t-ion of Rxiettne oil tank. and for, any replacements thereof, of substantially the same size end location. 2. The Grantees ehall hava a right of ingress and egress for themselves, their agents, employees, invitees, licensees and assigns, in common with others, over and across the premises retnincd by the grantor to and from Shelburne Street. Such right of ingress and egress shall be adequate for furn- iture vane and other vehicles customarily used in the transportation of furniture. The Gr•nrntor• may from time to time change and relocate such way of in ress avid egress provided such changed or relocated we y shall be reasonably adequate for the Gran tees' purposes as aforesaid. 3. The Grantees shall have an easement for access for washing of windows, servicing, repair, main- tenance, construction and reconstruction, and for light and air, not less then f.vr (5) feet in width around the entire perimeter of the building, except that Grantor may erect a wall not exceed- ing sixty (�(;O)inches in width at the extreme northwesterly corner of said building for the purpo!c of providing a continuous store front between the granted promises and such additional building as the Grantor may hereafter erect northerly of and adjoining the p.rnnted premises. Said eAr.er;Fnt f-)r eceees shall be ten (10) feet in width between the easterly and of the northerly aide cf the build- ing and a point eighty (80) feet distant therefrom extending westerly along said northerly side of the builev'g. l;. Grantees shall have the exclusive rigkit to park vehicles, or to prohibit the parking of vehicles slid to load and unload vehicles in an area twenty-five (25) feet in width extending along the en- tire easterly wall of said office building and In the area lying between the southerly wall of enid building and the existing curbing which marks the northerly sideline rf the travelled rood :•m own n^ tiarket Square. In addition to this easement, the Grentees shall have an easement for the par{cir•:a•, loading and unloading of vehicles on the northerly side of the building, but if the Grantor shall ever construct a building on the northerly side of the granted premises this last mentioned ensermnr.t shall be null and void. 5. The Grantees shall have an casen;ent for location and maintenance of utility lines as required to serve the granted premises, the Orantor to have the privilege of relocating the some at any tire without expense to the Grantees. 6. The Grantees shall have an easement, in common with others doing business in the vicinity, for cuebomir perking ir: the arse 'lying !�etwenn t:hs granted premises at)d Shelburne Street, bounded north- crly by the northerly line of Lhe granted ptemises extended westerly, and southerly by the ttorther•ly sideline of Market Square. Orantor cuvenrints and agroon that he -will. never construct any butldlr;c; on the said perking area, or ot.herwiae interfere with its use for parking except that a fiiLy (50) foot wide strip along the easterly sideline of Shelburne .street may be posted as a no parking, zone to provide a right of way to the Cities Service Oil Company service station. The ute of the foregoing easements for ingress, egress, access, parking, loading and uniondirrF, rhnll be sub act to such reasonable rules and reaulstions for the control of traffic es the Grantor-, his hr:r ,r e4signs, may from time to time prescribe, and to such restrictions as have been or may hereafter be Imposed by users of the area. The Grantor may from time to time perform necessary ma£ntennrice work, make necessary improvements, provide illumination, clear the area of snow and debris, erect. and remove signs and curbs, enlarge or diminish the rights of the Grantees and other persons to maize use of the parking area, and adopt and carry out such other practices as shall be beneficial for the purposes for which the ass ao:atits Are granted or reasonably necessary for the enjoyment of the privileges by the Grantees and others. Provided, however, such reserved rights shall not be exer- cised so as to deprive the Grantees of the benefit of the easements herein granted. The Grantor reserves for himself, his heirs and assigns, the right to relocate the existing o£1 tnnk and power lines, the expense of such relocation to be met by the person relocating the same. In the event the Grantor, his heirs or assigns, shall on or before the 31st day of December, 1999, erect a building northerly of the granted premises and said building is located less than twent,--five (25) feet from the granted premises, then in such event the person constructing such additonal building shell also, If requested by the Grantees, their heirs and assigns, clear the ten (10) foot wide right of way of utility poles and defray the reasonable and necessary expense of constructing a door on the enst- erly and of the building of substantially the some sire, design, and quality as the largest door now located on the northerly aide of the building. As additional consideration for the conveyance of the granted premises, Grantees covenant and agree, said covenants to run with and bind the premises hereby conveyed, as follows: 1. Any work to be performed to the granted premises shall be carried out in such a mnnn�jr as to inter- fere as little +ss possible with other business operations in the area and the ©rantece agree that they will not +x?tcfnreR with or obstruct utilities during the prosecution of such work. The Granters agree that materials will not be stored at any time in the customer parking area or in any way of ingress end egress, and that upon the completion of work, the parking area and service area in the rear of Grantees' building shall be left broom clean. The Grantees shall not.enclose the area be- neath the canopy. 2. The Grantees covenant and agree that the premises hereby conveyed shall not be used for the sale of food for consupmtion off the premises. if this covenant is violated, the Grantor or Grand Union Stores Incorporated of Vermont, its successors or assigns, shall be entitled to injunc- tive or other appropriate relief for such violation. Nor shall the Orantees, without the prior written consent of the Grantor, lease any portion of their store building for occupancy by other than a furniture store, a dry cleaner, a barber shop, a beauty salon, a national chain shoe store, drug store or office equipment store or other store which is devete? to the retrdition of services rather than sales, except that this provision shall not be binding uron the Grantees if such consent is unreasonably withheld by the Grantor. In ttre event of a violation of this covenant, the Grnntor or Grand Union Stores Incorpornte+d of Vermont shall be entitled to Injunctive or other appropriate relief. 3. The Grantees will not, without the consent of the Grantor, erect any free standing tower or sign extending above the paratet height of the building or projecting more then eighteen (15) Inchon from the front building line or extending beyond the edge of any canopy which may now be or hereafter erected upon the building hereby sold. in the event any sign or structure shall be erected which nhall be in violation of this provision, either the Grantor, or Grand Union Stores Incor-pornted of Vermont, may enter upon the premises of th€- Grantees and remove said sign. Provided however,, not- rrithatInding the provisions of this paragraph, the Grantees may erect a sign of substantially the name ase, atyle And appearance as :hot which is now dlaplAyed by Grand Union Stores Incorporated ur nA1sl:Allli vEhU Ptluin� A. }•kI;1;t�Lt• - TO IIERVAN S. 'THOMAS AND MAVIS C. THOMAS f Verrr.ont on the store front of the building hereby conveyed. y. The Grantees agree to reimburse the Granor, his heirs, executors, administrators and assigns for a proportionate share of the cost of ice, snow and debris removal from the parking area. The Grantees' share of the cost shall be determined by multiplying the total cost by a fra�ctlon, the numerator of which shall be the number of square feet of total floor area in the granted premises and the denominator of which shall be equal to the number of square feet of total floor area in all buildings oil land now owned by the Grantor in an area bounded westerly by Shelburne Road, southerly by Market Qquare, easterly by a line of one thousand (1000) feet distant from and parallel to the easterly sideline of Shelburne Street and northerly by Bacon Street. The Grantees' obligation under this paragraphs shall be due and payable within thirty (30) days after the close of each calendar year, upon submission to the Grantees of the Grantor's verified statement setting forth the cost of the Grantees' proportionate share. 5. The Grantees shall not use, nor permit an tenant, licensee, or other person on the promises, to use the words "Grand", "Union" or "Way", s ngl.y or in any combination, on their or in their advertising. The provisions of this paragraph shall not aptly to established chain stores operating at least five other stores with a trade name including one of the above mentioned words. 6. No sidewalks, parking areas, roadways, means of ingress or egress or other common areas, shall be used for the sale, display or storage of merchandise or any other property of the Grantees. The Grantees' business shall be conducted entirely within the granted premises. 7. The foregoing restrictive covenants numbered 1. through 3. shall :rind the Grantees, their heirs, executors, administrators and assigns, and shall inure to the benefit of the Grantor, hid tlFirS, Qexecu'toru, zkr:3 ase11-771t, 311d' -of Qrhoat! ;;tvres of Vermont, its successors and ee J gns, until the 31.st day of December, 1989, and thereafter for an additional period of fifteen (15) years if the Grantor or said Grand Union Stores Incorpor- ated of Vermont, their respective heirs, executors, administrators, successors or assigns, on or before December 13, 1999, file in the office, whereby law conveyances of real estate are required to be kept, at; instrument received for record and therein assert the intention of claim- ing the benefit.of these covenants for such additional term of fifteetr(15) years. Frovided, however the rights of said Grand Union Stores Incorporated of Vermont, its successors and assigns, shall cease to be a tenant or other possessory owner somewherein the vicinity of the granted.pr•emises. Grantor covenants and agrees that he will not use, or permit to be used as a furniture store, any property in which he, his heirs, executors, administrators and assigns shall have any financial interest within a radius of one mile from the granted premises. The term "furniture store" shall mean onlj such store as shall devote substantially all of its space to the merchandising of general home furnishings and as shell In common speech be described as a furniture or complete home furnishings store. A department store customarily devoting less than seventy-five hundred (7500) square feet of floor space to the display of lines of merchandise diredtly competing with merchandise actually and ouctomarily sold by the Grantees, or a specialty shop devoting less than forty percent (hG%) of its floor space to directly competing merchandise, shall not be included within the definition of the term "furniture store". The terra "directly com- peting" shall refer only to such merchandise as is of substantially similar styling, use, and `rice as merchandise comprising a significant part of Grantees' operation, and shall not include any merchandise which differs so materially in styling, use and price as to be complementary rather than competitive to merchandise actually and customarily offered by the Orantees. The Grantees shall not claim the benefit of this covenant with respect to any merchandise lines such as summer furniture which ere merely ::1Yc1dehtal to their primary operation as a furniture store. This covenant shall be binding upon the Grantor, his heirs, executors, administrntAra and assigns, except that no action at law or In equity shall be maintained against any grantee or lasseeof the Grantor unless such action is commenced within ninety(90) days after such grantee or lessee shall have commenced business oil the premises affected by this covenant. There is specifically excluded from the operation of this covenant any store premises occupied and oper- ated by Grand Union Stores Incorporated of Vermont or any assignee, subleases or affiliate of the Grand Union chain. For breach of this covenant, the Liran:aes shall ba Gatitled to appropriate Injunctive relief thrt Grantees shall not be entitled to any Indirect or consequential damages by reason of such breach, except that Ornntees shall be entitled to reimbursement for reasonable attorneys' fees and court costs incurred In actually and finally securing such injunctive relief, such damage to be paid by tire person whose active violation of this covenant necessitated Injunc- tive relief'. The restriction contained In this paragraph shall become null and void on December 31, A. D. 1999, or earlier, If more than 25% of the ground floor space in the granted promises shall ever for a period of twelve (12) months be used for purposes other than a furniture store. In consideration of the Grantor's covenant restricting his use of his remaining premises, Grantees covenant and agree that they will not use, or permit to be used, the granted premises except for offices or a furniture store, as said term "furniture store" is hereinabove defined in the res- triction placed on the Grantor until January 1, 1971; provided, howeverp this restriction on the use of the granted premises shall be void in the event of tire death of Herman S. Thomas. For breach of this covenant on the part of the Grantees, Grantor shall be entitled to appropriate injunctive relief, but Grantor shall not be entitled to any indirect or consequential damages by reason of such breach, except that the Grantor shall be entitled to reimbursement for reasonable attorneys' fees and court costs incurred. In actually and finally securing such injunctive relief, such damage to be paid by tire Grantees or other person whose active violation of this covenant necessitated injunctive relief. TO HAVE AND TO,IIOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, Herman S. Thomas and Mavis C. Thomas, husband and wife, their heirs and assigns to their own use and behoof forever; and I, the said Grantor, 'Thomas A. Farrell, for myself and my heirs, executors and administrators, do covenant with the said Grantees, Merman S. 'Thomas and Mavis C. Thomas, husband and wife, their heirs and assigns, that until the ensealing of these presents I an the sole owner of the promises, and have good right and title to convey the same In manner aforesaid, that they are Free From Every Encumbrance, Except as herein set forth, and Except for a lease to General Motors Acceptnnce Corporntioo, dated April hth, 1955, and re,Cor•ded In Volsn:o 11;, Pnao 23.3, of thtft South Btirllnat 22 land (Mln!�*Illaneous) Recor-is. And I hereby engage to Warrant end Defend the iameagainst ell lnwful claims whatsoever, except as afore- said. IN WITNESS WHEREOF, I hereunto set my hand and seal this 26th day of January, 1960. In Presence of: Guy M. Page Thomas A. Farrell Seal H. B. Shaw, Jr. State of Vermont Chittenden County SS At Burlington this 28th day of January, 1960, personally appeared Thomas A. Farrell and he acknowledged this Instrument, by him sealed and subscribed, to be his free act and deed. Before me, Guy M. Page Notary Fublic Received for recorl January 29, 1960 at 9:10 A.M. Attest I X., own )J ENTRY ORDER SUPREME COURT DOCKET NO. 88-118 APRIL TERM, 1989 Herman S. and Mavis C. Thomas W Thomas Farrell VT. SUPREME COURT FILED IN CLERK'S OFFICE APPEALED FROM: OCT 2 0 1989_ Chittenden Superior Court DOCKET NO. S1063-84CnC In the above entitled cause the Clerk will enter: Affirmed. �T$E;COURT: John A. Dooley, Associate Justice Concurring: Louis% P. Peck, Associate Justice Ernest W. Gibson III, Associate Justice /J,amee L or A ociate Justice AiLert W Barney, CY Justice (Ret.), Specially Assigned n NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 111 State Street, Montpelier, Vermont 05602 of any errors in order that corrections may be made before this opinion goes to press. Herman S. and Mavis C. Thomas V. Thomas Farrell Matthew I. Katz, J. No. 88-118 W. SUZRRENIE COURT FILED IN CLERK'S OFFICE Supreme Court OCT 2 p 1g89; On Appeal From Chittenden Superior Court April Term, 1989 Austin D. Hart of Dinse, Erdmann & Clapp, Burlington, for plaintiffs - appellants Norman Williams and Robert F. O'Neill of Gravel and Shea, Burlington, for defendant -appellee PRESENT: Peck, Gibson, Dooley and Morse, JJ., and Barney, C.J. (Ret.), Specially Assigned DOOLEY, J. Plaintiffs Herman S. and Mavis C. Thomas appeal from the decision of the Chittenden Superior Court, which granted summary judgment in favor of defendant Thomas Farrell, declaring that a provision in plaintiffs' deed permitted defendant to diminish the number of parking spaces in the common parking area. We affirm. Plaintiffs own a furniture store in a building that they purchased, along with the land directly underneath the building, from defendant under a warranty deed dated January 28, 1960. The land and building are in a shopping center along Shelburne Road in South Burlington. The building is free standing. The deed contained certain easements for parking: (1) 1 exclusive use of a 25-foot-wide area east of plaintiffs' building and a similar area south of their building for customer parking; (2) use of an area north of their building, part of which defendant reserved the option to revoke in the event of further construction; and (3) shared use in common with other shopping center tenants of an area west of their building. The area west of the building lies between plaintiffs' store and Shelburne Road and to the north of the original access way for the shopping center. It was originally fully available for parking. This dispute centers on that area. In 1970, the City of South Burlington initiated changes in the city traffic pattern and informed defendant of its intent to build a curb divider on Shelburne Road which would prevent left turns into the common parking area along the access way south of plaintiffs' building. At that time, the access way did not align with anything on the other side of Shelburne Road. Defendant responded by moving the access way to the north to align with Home Avenue, a street on the opposite side of Shelburne Road. In order to accomplish this, the relocated access way cut diagonally across the parking area to the west of plaintiffs' store. Before moving the access way to align with Home Avenue, defendant secured the consent of all busi- nesses in the shopping center, including the plaintiffs'. The change in location of the access way unavoidably affected the traffic flow pattern over the common parking area and necessitated a reduction in the number of parking spaces in the common lot in dispute from 66 to 47 or 48. On November 12, 1984, plaintiffs filed their complaint in the Chittenden Superior Court, challenging the reduction in .the available parking places that resulted from defendant's relocation of the access way. The record shows that plaintiffs initially acknowledged that the relocated 2 access way was reasonable given traffic and safety requirements. However, they asserted in their complaint that defendant had deprived them of the benefit of the easement for parking, and they sought a declaratory judgment to that effect along with an order directing defendant to supply them "with adequate and convenient customer parking space" to make up for the loss. Defendant filed a motion for summary judgment on September 21, 1987. Plaintiffs opposed defendant's motion but filed no motion of their own although they agreed that there was no dispute as to any material fact. The trial court granted summary judgment in favor of defendant, holding that the easement granted defendant the right to diminish the plaintiffs' right to share in the parking spaces in the common lot west of their building. Plaintiffs appeal claiming that summary judgment should be entered in their favor. We start by noting that when we consider the correct disposition of a motion for summary judgment, we apply the same standard upon review as applied by a trial court. Cavanaugh V. Abbott Laboratories, 145 Vt. 516, 520, 496 A.2d 154, 157 (1985). That standard was recently stated as follows: "In order to succeed on a motion for summary judgment, the moving party must satisfy a stringent two-part test: first, no genuine issue of material fact must exist between the parties, and second, there must be a valid legal theory that entitles the moving party to judgment as a matter of law." Price v. Leland, 149 Vt. 518, 521, 546 A.2d 793, 796 (1988). See also Reporter's Notes to V.R.C.P. 56(c). The parties have agreed that the first prong of the test is met. Thus, we are presented solely with a legal issue -- whether the undisputed facts entitle defendant to a judgment as a matter of law. 3 ►� h The legal issue centers on the proper construction of the easement contained in plaintiffs' deed. The pertinent language is as follows: 6. The Grantees shall have an easement, in common with others doing business in the vicinity, for customer parking in the area lying between the granted premises and Shelburne Street, . . Grantor covenants and agrees that he will never construct any building on the said parking areas, or otherwise interfere with its use for parking except that a fifty (50) foot wide strip along the easterly sideline of Shelburne Street may be posted as a no parking zone to provide a right of way to the Cities Service Oil Company service station. The use of the foregoing easements for ingress, egress, access, parking, loading and unloading, shall be subject to such reasonable rules and regulations for the control of traffic as the Grantor, his heirs or assigns, may from time to time prescribe, and to such restric- tions as have been or may hereafter be imposed by users of the areas. The Grantor may from time to time perform necessary maintenance work, make necessary improvements, provide illumination, clear the area of snow and debris, erect and remove signs and curbs, enlarge or diminish the rights of the Grantees and other persons to make use of the parking areas, and adopt and carry out such other practices as shall be beneficial for the purposes for which the easements are granted or reasonably necessary for the enjoyment of the privileges by the Grantees and others. Provided, however, such reserved rights shall not be exercised so as to deprive the grantees of the benefit of the easement herein granted. Plaintiffs' position is that: (1) the first sentence of the deed provision grants them the right to park in common with others; (2) the following sentence insures defendant will do nothing to interfere with the use of the parking areas except for the reservation of the 50-foot-wide strip; and (3) the final sentence of the provision insures that defendant shall not deprive plaintiffs of the benefit of the easement. Defendant relies on the second paragraph of the easement provision, specifically the first sentence which states that "the use of the easements shall be subject to such reason- able rules and regulations for the control of traffic as the [defendant] may 4 61 . prescribe, and to such restrictions as [may be] imposed by users of the area." He also relies on the next sentence which states that the defendant may enlarge or diminish rights to the parking areas "for the enjoyment of the privileges by the [plaintiffs] and others." our first responsibility in a deed construction case is to determine whether the deed is ambiguous. This is a question of law. See Isbrandtsen v. North Branch Corp., No. 86-168, slip op. at 3-4 (Vt. Dec. 9, 1988). In reaching this decision, we may look to the plain meaning of the language as well as the object, nature and subject matter of the writing and the circumstances surrounding its making. Id., slip op. at 4, 6. we believe that this deed is clear and unambiguous with respect to the dispute before the Court. we first look to the plain meaning of the instrument itself, which we deem to declare the understanding and intent of the parties. See Merritt v. Merritt, 146 Vt. 246, 250, 500 A.2d 534, 537 (1985). Under a plain reading of the deed, the first sentence clearly grants a customer parking easement to plaintiffs and others free from unreasonable interference. Equally clearly, that easement is subject to certain restrictions, which are contained in the second paragraph of the provision. The use of the easement is subject to reasonable rules and regulations for the control of traffic in the common parking area. Defendant can make "necessary improvements" that "diminish" plaintiffs' right to use the parking area and can adopt practices "reasonably necessary for the enjoyment of the privileges" of the grantees of the parking easement. The restric- tions were ample authority for defendant's action in rerouting the traffic diagonally across the common parking area west of plaintiffs' building to 5 align the access way with Home Avenue. These changes were reasonable and necessary given the traffic and safety requirements. The diminution in the number of parking spaces was unavoidable. The authority in the easement provision is particularly clear when one understands the nature of the easement in this case and the situation that gave rise to the rerouting of the access. Parking lots necessarily have roads and driveways that allow vehicles to reach their parking spaces. The easement in this case did not specify the location of such roads or driveways or guarantee a certain number of spaces for parking. It left the design of the parking area, including the forms of ingress and egress, to defendant, and he acted within that authority. We must also recognize that defendant's actions were taken for the benefit of the shopping center businesses and patrons. The actions of the city threatened to limit access to the shopping center to the detriment of plaintiffs and other business owners. Defendant's actions were reasonably necessary to facilitate the use of the area in question by the businesses and their customers. The parties have cited a number of cases from other states which involve analogous issues. The closest case is State -Planters Bank of Commerce and Trusts v. Standard Cary Corp., 208 Va. 298, 156 S.E.2d 778 (1967), which involved the question of whether lease covenants that allowed the landlord to make certain changes within a parking lot authorized reducing the number of parking spaces available. The landlord in that case made changes in the parking lot to a shopping center to accommodate a new bank and drive-in banking facility. The tenant brought suit because the changes eliminated about ten parking spaces, arguing from provisions of the 2 a lease, which stated that the "parking area . . . shall remain a parking area in its entirety throughout the terms of this lease and any extension and renewals thereof" and that the landlord shall "not change the character of the [parking] area." Id. at 300-01, 156 S.E.2d at 781. The Virginia Supreme Court disagreed that the above language prevented the landlord's actions. The Court held that the shopping center landlord could reduce parking spaces by relocating a curb cut and establishing a traffic lane pursuant to lease provisions that reserved to the landlord the right "to change entrances" and "rearrange said parking lot." Id. at 305-06, 156 S.E.2d at 785-86. The Court stated that the changes in the area were permissible under the lease because the entrance relocation was reasonable and the change diminished the number of parking spaces by the least possible number. Id. at 305, 156 S.E.2d at 785. As in State -Planters Bank, we find that the governing language sufficiently reserved power in the shopping center owner to allow reasonable relocation of roads and curb cuts even at the expense of parking spaces. Affirmed. FOR THE COURT: Associate Justice 7 I 0C T 30 ' 90 14' 15 EBi11 Sf— 655 1904 P . 2 '3 i r CHA►MPLAIN FINANCIAL GROUP 42 Hercules Drive Colchester, VT 06446 October 30, 1990 Messrs. Dick Ward, So. Burlington Zoning Administrator and Joe Weith, So. Burlington Planning Administrator 575 Dorset Street South Burlington, VT 05403 Reference: Age! Carman project Dear Messrs. Ward and Weith: Tel. (802) 655-1901 Fax (802) 665-1904 Request for administrative amendment to Plat and Building use. The circumstances have involved one to two recent events. �. The existing tenant has defaulted on the lease on second floor and requested release. Due to the lack of elevator - soft office market and parking restrictions we wish to amend our application to delete: Rental office space on second floor 2. 1.8 parking spaces in rear of building - when we were presented the facts concerning certairz litigation in the superior court between Herman and Mavis Thomas and Thomas Farrell, it appeared that the parties agreed to this compensation for change in O'Dell parkway. There is some confusion of these so given our change in #1 we no longer need the space to meet zoning ordinances, so we wish to delete the 1.8 spaces. Due to weather and legal consideration, we respectfully request that the amendments be treated administratively. Specifically - office space shall be storage for Ben Franklin. - 18 parking spaces to rear dele+_ed from plat. OCT 30 '90 14:1s E$Hs sot- � 1904 1 P..3/3 Page 2 October 30, 1990 The net effect is we actually have 6 spare spaces due to change in use thereby allowing us some future leeway. Thank you for your consideration. Si erely, 0 Jam . Carroll, CLU, ChFC d?C : la cc: Jon Eggleston /mi.sc/jc/wardwyth City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 31, 1990 Mr. James Carrol Champlain Financial 42 Hercules Drive Colchester, Vermont Group 05446 Re: Ben Franklin, Shelburne Road Dear Mr. Carrol: ZONING ADMINISTRATOR 658-7958 The South Burlington Planning Commission approved your applica- tion for a 28,400 square foot building consisting of 6,000 square feet of office use and 22,400 square feet of variety retail use (14,500 square feet of retail floor area). The approved plan specifically identifies the 6,000 square feet of second floor offices and shows 123 total parking spaces. I understand you would now like to terminate the office use and convert the 6,000 square feet to retail storage for Ben Franklin. In addition, you would like to delete the 18 easternmost parking spaces from consideration of this application since apparently Ben Franklin does not have the legal right to use these spaces. These changes will require official approval by the Planning Commission. You should submit a new Final Plat application and a new plan which properly indicates that the 28,400 square foot building will be used solely for variety retail. The plan should also delete the 18 easternmost parking spaces or include a note that these spaces were not used in the parking space requirement calculations for Ben Franklin. In order to avoid future compli- cations and delays, I suggest you submit evidence that Ben Frank- lin has legal right to use the remaining 105 parking spaces shown on the plan. If you have any questions, please do not hesitate to contact me. Sincerely, d7 Joe Weith, City Planner cc: Richard Ward MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Revised Final Plat application of F.E.P. Associates, c/o Champlain FinanciaL Group, for construction of a 4,800 square foot, second floor addition for storage purposes to an existing 24,000 square foot office/variety retail building as depicted on a plan entitled, "O'Dell Parkway -Home Avenue Intersection, South Burlington, Vermont, Conceptual Entrance Plan," prepared by Graphic/Construction Management Services, Inc., and dated 5/4/90, last revised 10/12/90, with the following stipulations: 1.) The stipulations contained in the 6/12/90 approval and not superceded by this approval, shall remain in effect. 2.) This approval is conditioned upon a maximum retail floor area of 14,500 square feet as represented by the applicant. Any increase in retail floor area shall require approval by the Planning Commission. 3.) The revised final plat shall be recorded in the South Burlington land records within 90 days or this approval is null and void. MOTION2.JW 10/16/90 FEP Partners 42 Hercules Drive Colchester, VT 05446 July 30, 1990 South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 Reference: Revised Final Plan To Whom It May Concern: After our last meeting, several significant structural. and operational challenges concerning the Agel Corman Building came to light. We have informally discussed a proposed solution with Dick and Joe. Conceptually they have not indicated any problems, but they felt we should present them to the Planning Commission. Basically there is a need to make structural improvements to meet the following items; 1. Drifting snow load (BOCA) 2. Inefficient HVAC and deficient insulation 3. Increased mechanical space required to allow environmentally sound rubbish separation. Specifically the roof beams need to be beefed up, the roof itself redone with adequate insulation and the HVAC moved. To make these expenses more feasible and practical it has been suggested that we extend the existing second floor all the way to the rear and raise the A/C system up ten feet. This addition will eliminate a large section from the sno-load problem in a cost efficient manner and it will provide the platform for the A/C which will be less than 35 feet in height. The current second floor cuts off the air flow to the A/C and substantially decreases its effectiveness. Ed Pearson, our HVAC engineer, recommends elevating the A/C. Page 2 July 30, 1990 In order to accommodate recycling in the most effective manner, additional storage space is needed. The plan that was agreed upon to meet the structural, A/C, and recycling needs was to extend the second floor. This will add no traffic/parking or other requirements (see traffic engineer). It will be done in an esthetically pleasing manner. , We would like to get in front of you as soon as possible. However, we cannot get on the agenda till September. We will not do anything to employ the new structure in the meantime until we have your blessing. We hope your agenda frees up. rncerely, 11, CLU, ChFC Attachments cc: Dick Ward J Weith eP II Jon Eggleston pen/frnkent/ernie.p 0 sc,o' /yr 3c,o' //yt P/d Ki,uG dP/c E.S /34COC/ ,5 7-2 FEr .Sou rf/ AS u.Z 1/,t/G ra Al F/c roaY OurGEr, 290 tvv/./v-22 h ryl I F ""' 9-/2-9c PROJECT: Ow0 NO. S � 7 E t SnE" OF r I t — ! -- -- j., ��r_ I +� ��� Gl��ts�•6 S' ec r v of c�6 �1Ka�9 lfi0,�[2v011(r, rt- --i fdp /I I � I 41 I Q I I � I j ti ._ __ _ _ t-I I I It � I o �i i I i tl' , I t /,,.%-.._ - �.. ._:Y � _...-,�1�_. - Y. ` � --'�7 ..� M ., stlis ,4 v,+ wls> . � w W' • _ ,.. 1♦z �-a. --.-. -_ t�— M I i QRE�\M oR Np�SO <�_�Ev-_cowa�s-� t C�uil✓t�uro �I>� tt-Ifd-G�.L,�t. r�e�r:- c.c.ea�ra.lue.rZY-i^vr s�xy !Q. • 90 am !✓LLhK= I"T.I>�J - G4�:rwo 0" K WL11rnmYc 1-14: 25 %NECREST DN. 116 NO. MAIN SE Yw•1yr�•Iwl••��. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 2.7, 1990 Mr. James Carrol FEP Associates c/o Champlain Financial Group Champlain Mill #43 Winooski, Vermont 05404 Re: Ben Franklin, Shelburne Road Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next. Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present. on Tuesday, May 1 1990 at 7:30 P.M. to represent your request. F oe Weith , City Planner Encls JW/mcp Memorandum - City Engineer May 1, 1990 agenda items April 27, 1990 Page 2 9. An inlet added along Dorset street and piped to catch basin 49. 10. Water main shall be constructed between the curb and side- walk along the east side of the road. 11. Mr. Palmer has agreed to replace the sewage pumps at the sewage pumping station served by this development. The adjacent. neighbor to the north expressed his concern regard- ing the drainage from the new street overflowing the inlets and across the street on to his property. Curbs shall be installed on the north side of the Indian Creek entrance which will inter- cept any overflow and send it westerly along a shoulder ditch. He also requested that. depressions be built in the pavement of each inlet. This we never do. The inlets along the curb line do the job and there is no need to depress the road surface. The sewage pumping station served by this development has sufficient reserve capacity. The City has asked the developer to replace the existing pumps which are showing wear. He has agreed to do so. 5) RAMADA INN. WILLISTON ROAD Corporate Way is still a p y private street.. Allowing access from this street may require approval from the owner. P 6) AGEL CORMAN-1 SHELBURNE ROAD 1. Sidewalk should be 5 feet in width. 2. islands designating O'Dell Parkway and parking lot should be lined with concrete curbing. F.E_P. PARTNERS 42 Hercules Drive Colchester, W 05446 May 1, 1990 City of South Burlington Planning Department 575 Dorset Street South Burlington, VT 05401 Reference: Change In use Agel Corman Dear Gentlemen: At our last meeting we understood the following: 1. Our situation was a unique one and that the Board would deal with our situation on a basis similar to other area merchants who have requested changes in existing structures, i.e., T. J. Maxx, Gaynes, et al. A. Safety and traffic flow take precedence over lot coverage ratio. Therefore, we would not be expected to roll back the clock and do things beyond our reasonable control. B. That we do not control the other properties so It Is not possible for us to effect changes to the following: I. Car wash or surrounding area Row II. O'Dell Parkway III. Citgo Station IV. Outlet Mail We only directly control the Agel Corman Building and various easements for parking. The issues which were raised were as follows: 1. Need to see the whole area, Le., Club New England et al as well as Agel Corman area. Our Response - We have obtained aerial photographs which show the whole area and designated on our map the car wash as was requested. We have also done a detailed photo study that very clearly shows the property surrounding the Building. 11. Traffic Flow - You wanted to see how traffic would flow within our plan. Our Response - Our map shows how we would propose to have traffic flow, which we consider to be quite an improvement over the current free-for-all that exists on the site. III. Parking Required - The Town Planner has concluded that 120 spaces are required for our proposed use per his interpretation of zoning. City of South Burlington Page 2 May 1, 1990 Our Response - Our revised plan has 120 spaces available. We do not, however, need to have 120 spaces. We asked Ben Franklin's Real Estate Division to estimate our needs. Therefore, they conclude as experts the following: 14,500 square feet variety 75 Office Zoning 24 Total 99 If parking is a concern, we would prefer to agree not to rent the vacant space upstairs and just use it for seasonal storage. This would save 12 spaces. Attach - Letter from Ben Franklin Issues Raised Since Last Meeting: 1. Width of sidewalk - must be 5 foot. Our revised plan has sidewalks equal to or In excess of 5 foot. 2. Islands designating O'Dell parkway and parking lot should be lined with concrete curbing. When a plan is approved and It is legal for such curbing to be added, we would put in Islands and landscaping that matched our drawings. We respectfully propose that we first fasten plastic cones or wooden ties in place until we are sure what works best. We would need concurrence from the Town that these islands are necessary for the safety/control of the area. We think this is true whether Ben Franklin located there or not. 3. Treatment as a P.C.D. per 4/27/90 agenda memo, page 5. It was our understanding that the Board understood our limited capacity and was not going to treat a change in use that is zoned as a full P.C.D. We have no control over the car wash or Its surrounding area. We have as a courtesy, shown the car wash building and surrounding area to further enhance the Boards understanding. We make no claim or representation of any interest In the car wash property. Therefore, we respectfully submit that it is unfair to cause us to do anything about the car wash as: We have a legal deed and sub -division of the property under and immediately surrounding the Building. We have legal use of and access rights as we have shown. We claim no rights over the car wash. These deeds and row go back 30+ years and there is no way that we can cause any concurrences by the other property owners. We respectfully request that only items we can legally perform are requested of us. City of South Burlington Page 3 May 1, 1990 Parking - We think we have excess - how do you feel? Coverage - We thought It was said "It is a 100% coverage, and we can't change that, the mistake was made long ago. Let's do the best we can with what we have for safety and traffic flow". Again, we have the right to use the parking space and mark it. I don't think we can legally tear it up and turn more of it into greenspace. There Is an attractive strip boarding the sidewalk and directly in front of the Building that we would improve and maintain as well as any plantings the Board requests. We suggest that we add where appropriate, potted trees/bushes that can be removed during the winter and replaced In the Spring. The wind, snow, salt, etc, we don't think would be kind to any plant. So, we think potted plants would be best and would live longer if removed during extreme weather. Traffic Study We have updated the traffic study. Please note this Building is a small fraction of the surrounding area which is made up of: - Outlet Mall - Channe122 - Car Wash - Club New England - The Sear's Center - 1-89 Interconnect and Route 7 Commuter Traffic - Citgo Service Center To understand the reasonableness of our study, it has to be taken in light of these facts: 1. We have two stores In the area of similar size and merchandise with common salesplans. It is obvious most of our traffic is directed vs. primary traffic. A. No one is going to come from Burlington or Essex to the Agel Corman Store that carries the same merchandise. B. We do expect South Burlington and Shelburne people who now travel to Essex or Burlington to come to Agel Corman. They would have already been on the road, so we see no Increment. These people will travel less. C. Ben Franklin is not a destination store. People go there while they are / already out. Typically customers are female housewives who are out e during school hours: / - Grocery Shopping; Banking; - Clothes Shopping. D. The traffic light In front of the Building by observation during our peak hours is within capacity. Do we need to have an engineer certify this? City of South Burlington Page 4 Ma 1 1990 • --� Hence, our" studies show that 60% of the people who enter our two stores are going to or have been in other -area stores. We have observation data that we have done; and if it is an issue, we are happy to pay someone to observe the customers at the other two stores. They are very good factual examples of our point. We think anyone who knows our stores will agree, "Ben Franklin Is where you go when you can't find it somewhere else". Service Analysis Please view the picture study. There is not a service problem at the light. Our customers don't Impact during peak traffic hours, Le., 8 a.m. and 5 p.m. 1. We are not open in the morning at 7 a.m. - 8 a.m. 2. People who come in during peak hours are already on the road and typically want to escape the rush, pick up a few things while waiting for the traffic to clear. We may actually improve the flow by pulling traffic away from more congested Intersections and through the Home Avenue Intersection. We have shared our facts with Chittenden County Regional Planning and they feel our approach is reasonable. Landscaping We want things to look nice and we want to please you. We envision nice potted plants and bushes that beautify the area. - Our clean up and maintenance will Improve the appearance of the Building and area. Area Commissions We will act as a catalyst and sponsor a joint group with the other area merchants and attempt to improve maintenance and appearance of the surrounding area. We will have the current used car lot cleaned up and closed and all unregistered cars towed and removed and police the area for illegal parking etc. We will make the best of the situation. We think our plan and proposal are an improvement over the present. We hope this approach Is acceptable to you and Invite your feedback and criticisms. i Sincerely, James F., rroll, CLU, ChFC JFC/sW,/ /c1b/wp/ws5/corman.ag1 .. G Traffic Impact Study for Ben Franklin Store produced by Champlain Financial -Group March, 1990 Introduction The F^P Partners and Associates plans to open a Ben Franklin variety store at 518 Shelburne Road. This site has been previously occupied by the Agel Corman furniture store. This building represents 15,000 square feet of retail space. The building is set back from Shelburne Road, with access through a parking area. The parking area has access to Shelburne Road through a signalized intersection. The parking areas also has access to adjacent parking facilities for the Factory Outlet mall on the adjacent lot. Traffic Impact Analysis The impact of the additional traffic that will be generated by a Ben Franklin store is assessed in the following sections. Safety and Level of Service considerations will be covered, and recommendations made for safe and efficient use. Background Conditions - Below is the estimated traffic volume for the South Burlington Factory Outlet mall, with a total of 136,000 square feet of retail space. Traffic volumes were calculated, using VAOT Automatic Traffic Recorder Counts, from reports by Fitzpatrick _ and Llewellyn as studied for a proposed expansion of the South Burlington Factory Outlets in 1986, as follows: 1) Station D270, Shelburne Road (north of Home Avenue) (1984) 2) Station D258, Shelburne Road (south of Queen City Park Avenue) (1984) 3) Turning Movement Count (TMC), Shelburne Road, Flynn and. - Procter Avenues-(1986) 4) TMC, Shelburne Road, Home Avenue and O'Dell -Parkway (1984) 5) TMC, Shelburne Road, South Burlington Factory Outlet Centers and Shelburne Road Plaza (1986). =_ Existing volume estimates are: Enter Exit -- --- ,Total Average weekday 5664 vte/day 5671 vte/day _ 11,335 vte/day vehicle trip ends AM Peak Hours PM Peak Hours 156 vte/hr 496 vte/hr 136 vte/hr 524 vte/hr 292 vte/hr 1,020 vte/hr 69% of mall traffic uses primary entrance; 31% uses O'Dell Parkway. Accident rate does not exceed critical accident rate. r_- "'' .s�,yA -i '^ 'k.' �JY'r .:1 i,,a'Y`',s��'i�.,°"G"� ".s.'t. :y`�" _«i%.rt�/{d`3i•"[ Volume estimates fort ctual mall entrance are:f Enter Exit Total Average weekday 3908 vte/day 3913 vte/day 7,821 vte/day vehicle trip ends AM Peak Hours 108 vte/hr 94 vte/hr 202 vte/hr PM Peak Hours 342 vte/hr 362 vte/hr 704 vte/hr Volume estimates for O'Dell Parkway -are: Enter Exit Total Average weekday 1756 vte/day 1758 vte/day 3,514 vte/day vehicle trip ends AM Peak Hours 48 vte/hr 42 vte/hr 90 vte/hr PM Peak Hours 154 vte/hr 162 vte/hr 316 vte/hr ** Completion of the Southern Connector into Burlington from I-189 will decrease traffic flow by an estimated 35-40%. This will result in a Level of Service rating of "C" (described as "moderate delays") or better, at a times. MO. a1 7 1"a."r`� ,.' +ar4�r J, r�s1" T'4,'�^":f'aJ•;.� Trio Generation After determining background traffic conditions, the additional trips generated by the Ben Franklin store are determined. Data for this determination are sales figures from existing, comparable Ben Franklin locations, factored for the typical multi -person "sale" event and also for the fact that typically Ben Franklin shoppers are executing several "stops" (of which Ben Franklin's is one) at one location. In other words, the typical Ben Franklin sale represents one car parked in one location, generating one trip end, for several stores at that location: Ben Franklin shoppers are shoppers that are already on the site for errands at the Bank, supermarket, outlet center, car wash, etc. We conservatively estimate this factor to be 60% of Ben Franklin sales_ Using the Institute.of Traffic Engineers' Trip Generation manual (sections 820 and 890, fourth edition, 1987), this number was then adjusted to reflect average daily trips from 15,000 square feet of retail space. Traffic flow was predicted as follows: Estimated Daily Average Trip Ends: 1242 Estimated Incremental Increase: 496.8 Estimated trip ends during the following hours, Monday through Friday: hours trip ends incremental increase (number of vehicles) AM 8 - 9 49 _--19_6 9 - 10 76 30.4 10 - 11 -119 47.6 11 - 12 119 47.6 PM 12 - 1 119 47.6 1 - 2 119 47.6 2 - 3 119- 47.6 3 - 4 119 47.6 4 - 5 95 38 5 - 6 76 30.4 6 - 7 76 30.4 7 - 8 76 30.4 8 - 9 76 30.4 Peak hours of generation are 10 AM to 4 PM; peak days of operation are Saturday and Sunday. Marginal traffic generation from the Ben Franklin store would, therefore, increase volume by 4.38% less the traffic volume now generated by the furniture store currently occupying this site. Therefore, a conservative estimate is that the Ben Franklin store will generate an incremental increase in traffic volume of not more than 2.5%, on average. i''�'.FjY�•a '••�i �!`"�-`•fY1',f+;�N'��-,�y%~�z-..u;"31r'P'af�'''r1'T'ii`i'k�.�wZ'.-'.w''i�.'-+—=tiz``'�fi`t''?`•'"'�^-c;" any, A10+��YS• °o�+101N,�•,..'ta}•4'lT-'�.`�c7F�MT�L'as''�`� e : conclusion The many reports studying traffic congestion at this site, and methodical physical observation, show that this site is not at or near traffic capacity. The incremental increase in traffic congestion volume generated by the addition of a Ben Franklin store, replacing the Agel Corman furniture store that currently is on site, would be a mere 2.5% of the total traffic now generated_ Such a small incremental increase is easily absorbed by the current, signal regulated, traffic flow. Proposed flow improvements, signage, and property management would actually improve the overall situation at this site. For example, the traffic may be more readily drawn up to the market square, thus diverting it to the back of the mall which is currently underutilized and away from the overly congested front lots. _- _ .. _ — - �,_y�+: _�,���� ::v y� y�� � 1 aT '+t:i�A.�:1��5 �:�����'y`.....i i _: J '� �...�'�yi'�4iSj�'Al,�-^iO���jY'�3'R4 �iiY��'• _����.+r�R�..."ir� -��-;��- •; may-,---�--�,- tY'. y �` Wj�.i•.�, .` s.:7 �� � -y-1 �� . -�1 / �. Sd�mq«r �Le!rir.n!�Op' •ntsa, Me:gnn �..n.asr � �.�J� s+,. .� •�/l�.w � � ��-��•��' ." ^..1::3 1i �• ]^'.�O JC;.7�: .�l r�Lf�. � �-2•rp��•� "-��c ,,'r;: er c;• ra zz i•� n yyy�� ,..Z-;i �{.'L "i•i_29.oa April 12, 1990 Mr. James F. Carroll Champlain Financial Group Champlain Mill #43 One Main Street Winooski, VT 05404 Dear Mr. Carroll: It was a pleasure meeting with you pertaining to your growth plans. We at Ben Franklin are very excited about the possibilities of a New Sen Franklin in the Burlington area. I have discussed your question in regards to the parking spaca requirements with our Real Estate and Store Planning Departments. They both agree that a ratio of five parking spaces per 1,000 square foot of Selling space would be sufficient. Example, should the store have 14,000 square foot to sales floor you would need 70 parking spaces. This ratio should be maintained, and should our company look to the lease of a -property this could be our requirement within said lease. I hope this information will help to clarify your question. Should you need any further information, please contact me. Sincerely yours, John E. Ptacek -- � Director of Franchise JEP:sk Ben Franklin Stores, Inc. ..:K . <� 90�1p.A `e v' �s 7•1.� �'^ rr '4`�^"�YP a .#r [T � y ac i+yatGa�n r F^••+.s ;� . '.�si' -N 'M�".:!>K.' y'l. k -� ' ' M^Y.i,�K✓ yl C-'",�; 'lr^�PS \ 1 1 �nntb +6 nrlingtnn -fire Department 4 f 575 +4nrset street �atith +i3tirtingtan, 11crinnnt 05403 ' a � TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: MAY 1,1990 AGENDA ITEMS DATE: WEDNESDAY April 25,1990 1. J-CARE SUPPLIES INC. LOT #3 ETHAN ALLEN DR. PLANS HAVE BEEN REVIEWED BY THIS DEPARTMENT AND THE ONLY PROBLEM I SEE AT THIS TIME IS THE HYDRANT BY THE CIRCLE ON LIME ROCK ROAD IS MISSING. 2. RAMADA INN 2-LOT SUB -DIVISION AT THIS TIME I DO NOT SEE A PROBLEM WITH THE PROPERTY BEING SUB -DIVIDED. 3. PLAMER PARK PLACE 10-UNIT PRD. PLANS HAVE BEEN REVIEWED BY THIS DEPARTMENT AND AT THIS TOME I DO NOT SEE A PROBLEM WITH THE DEVELOPMENT GIVEN PROPER FIRE PROTECTION IF NEEDED. 4. FED ASSOCIATES BEN FRANKLIN 518 SHELBURNE ROAD PLANS WERE REVIEWED AND THE ONLY PROBLEM I SEE IS THE AREA BY THE SOUTH END OF THE BUILDING FOR 22 PARKING SPACES DOES NOT GIVE US THE ROOM FOR EMERGENCY EQUIPMENT TO SET UP SO 11 SPACES MUST BE RELOCATED TO ANOTHER AREA. ( Parking Dimensions 71 NOTE: Small car dimensions should be used only in lots designated for small cars or with entrance controls that admit only small cars. Placing small car stalls into a standard car layout is not recommended. Standard car parking dimensions will accommodate all normal passenger vehicles. Large car parking dimensions make parking easier and faster and are recommended for luxury, a high turnover, and use by the elderly. When the parking angle is 60° or lea, it may be necessary to add 3 to 6 ft to the bay width to provide aisle space for pedestrians walking to and from their parked RECOMMENDED RANGE OF STALL WIDTHS (SW) WIDTH (ft) 8 9 10 11 12 small car use All day parker use Standard car use Luxury and elderly use and camper use use' cars. Local zoning laws should be reviewed before *Minimum requirements . 1 or 2 per 100 stalls or as specified by local, state, or federal law; place convenient to proceeding. destination. 2' -1" 13'-61, � VARIES WITH ANGLE K 10'-0"PREF. 16'-O" � WAL � SINGLE a" LINE DOUBLE 4" LINE 7'-0" MIN. WI L W� W3 W4 `\ SINGLE LOADED DOUBLE LOADED WALL DOUBLE LOADED WALL DOUBLE LOADED WALL TO WALL TO WALL.. (WITH CON- TO d_ (WITH SAWTOOTH q TO (1: (OR � ( OF BAY OR EDGE OF WALK (WITH BUMPERS) TINUOUS CONCRETE CURB) CONCRETE CURB) TO WALK EDGE) 4" PARKING TWO SIDES B'-,. W PARKING DIMENSIONS IN FEET AND INCHES EACH ■ 1 + + L L } 0 T= M r T + + DETAIL "T" MARKER TYPICAL STALL PARALLEL PARKING 8TALLS AND B ANGLE OF PARK 1 m MARKER DETAIL SW W 1 45° 50° 1 55° 60° 1 65° 1 70° 1 75° 1 80° 85° 1 900 Gfaup I: small ears 8'•0" 1 26'-9" 26'•6" 27' 1" 29'•4" 1 31'-9" 34'-0" 36'•2" 38'-2" 40'-0" 2 401.100, 42i•0" 43,-1,• 48''8" 48,-2" 60'-8" 521-7" 54,•411 55'•11"1 57'-2" 3 38'-9" 40'-2" 41'-5" 44'-2" 47'-0" 49'•6" 51'-10" 53'•10" 55'-8" 57'•2" 4 36'-8" 38'-3" 39'-9" 42'-9" 45'-9" 48'-6" 51'-1" 53'-4" 55--5" 57'•2" Group II: 8'•6" 1 32'-0" 32'•11" 34'-2" 36'-2" 38'-5" 41'-0" 43'-6" 45'-6" 46'-11" 48'•0" standard cars 2 49'-10" 51'-9" I 53'-10" 56'-0" 58'-4" 60'•2" 63'-6" 64'-9" I 66'-0" 3 47'-8" 49'-4" 51'-6" 54'-0" 56'-6" 59'-0" 61'.2" 63'•0" 64'.6" 66'-0" 4 45'-2" 46'-10" 49'-0- 61'-8" 54'-6" 57'-10" 60'-0" 62'-b" 64'-3" 66'-0" 9' 0" 1 32'•0" 32'-9" 34'•0" 35'.4" 37'•6" 39'-8" 42'-0" 44'•4" 46'-2" 2 49'-4" 51'-0" 53'-2" 55'-6" 57'-10" 60'-0" 61'-10" 63'-4" 66'.0" 3 46'-4" 48'-10" 51'•4" 53'•10" 56'-0" 58'-8" 61'-0" 637-0" 64' S" 66'-0" 4 44'-8" 46'.6" 49'-0" 51'-6" 54'-0" 57'-0" L 59'-8" 62'-0" 64'-2" 66'-0" 9'-6" 1 32'-0" 32'•8" 34'•0" 35'-0" 36'•10" 38"-10" 41'-6" 43'-8" 46' 0" 48'-0" 2 49'-2" 50'-6" 51'-10" 53'-6" 55'-4" 58'-0" 60'-6" i 62' 3" 64' 6" 65'-1 -." 3 47'-0" 48'-2" 49'-10" 51'-6" r3'-11" 57'-0" 59'.8" 62' 0" 64' 3" 65'-11" 4 44'-8" 45'•10" 47'-6" 49'-10" 52' 6" 55'-9" 58'-9" 61'-6" 63'•10" 65'-11" group III: 9'-0" 1 32'-7" 33'-0" 34'-0" 35'•11" 38'-3" 40'-11" 43'-6" 45'.5" 46'-9" 48'-0" verge cars 2 50'-2" 51'-2" 53'-3" 55'-4" 58"-01" 60'-4" 62'-9" 64'-3" 65'-5" 66'•0" 3 47'-9" 49'-1" 52'-3" 53'-8" 56'-2" 59'-2" 61'-11" 63'-9" 65'•2" 66'-0" 4 45'•5" 46'•11" 49'-0" 51'-8" 54'-9" 58'-0" 61'-0" 63'.2" 64'-10" 66'-0" 9'•6" 1 32'-4" 32'-8" 33'-10" 34%11" 37'-2" 39'-11" 42'•5" 45'-0" 46'-6" 48'-0" 2 49'-11" 50'-11" 52'•2" 54'-0" 56'-6" 59'.3" 61'•9" 63"-4" 64'•8" 66'.0" 3 47.-7" 48'-9" 50'-2" 52'-4" 55'-1" 58'-4" 60'•11" 62'-10" 64'-6" 1 66' 0" 4 45'•3" 46'•8" 48'-5" 50'-8" 53'•8" 57'-0" 59'-10" 62'-2" 64' 1'" 66'-0" 101•0" 1 32'-4" 32'-8" 33'-10" 34'•11" 37'•2" 39'-11" 42'-5" 45'-0" 46'-6" 48'-0" 2 49'-11" 50'-11" 52'-2" 54'-0" 56'-6" 59'-3" 61'•9" 63'•4" 64' 8" 66'-0" 3 47'-7" 48'-9" 50'-2" 52 4" 55' l" 58'-4" 60%11" 62'•10" 64'-6" 66'-0" 4 45'-3" 46'-8" 48'-5" 50'-8" 53'.8" 57'-0" 59--10" 62'-2" 1 64'-1" 66'-0"' " angles greater than 70° have aisle widths wide enough for two-way travel. than, AIA; Santa Barbara, California vlord. AIA; McClellan/Cruz/Gaylord 8 Associates; Pasadena, California Memorandum - Planning March 13, 1990 agenda items March 9, 1990 Page 5 rjv,;4itiag� Tliyvp iw a widw, rolativaly flat drainage awale run- ning north - south through the property. This is an important drainage swale as it drains an area south of Swift Street. Sonny Audette has suggested constructing a retention basin on the property to fix some ponding and erosion problems happening on the property to the south. Once again, the Planing Commission needs to make a call on whether this swale classifies as a minor stream and therefore require a 50 foot setback. I do not see a problem with constructing within 50 feet of the swale (perhaps 20 - 30 feet) as long as the swale is left in a natural condition in terms of vegetated banks, retention basin and minimal culverting. Setbacks: The present plan shows the structures meeting the 50 foot P.U.D. perimeter setback. The "Loop" road concept, however, may require a waiver of the 50 foot setback. I do not see a problem with this since both Ridgewood Estates and Indian Creek would not be adversely impacted. The units should be setback as much as possible from Dorset Street. Dorset Street: The applicant is proposing to dedicate a strip along Dorset Street to the City in order to increase the Dorset Street r.o.w. as indicated in the zoning regulations. 7) AGEL CORMAN BUILDING. SHELBURNE ROAD F.E.P. Associates is proposing to convert. the Agel-Corman building to variety retail use (Ben Franklin Store). The property is zoned Commercial 1 and is bounded on the north by a service station, vacant commercial building and Bacon Street, on the east by WVNY-22, on the south by the Factory Outlet Mall and on the west by Shelburne Road. The O'Dell Parkway r.o.w. runs through the property to a signal- ized intersection with Shelburne Road. There is also unsignal- ized access onto Bacon Street. A car wash exists on the same lot. Therefore, this project classifies as a planned commercial development. The Planning Commission must decide whether this should be handled in 2 steps (sketch and revised final plat) or in 3 steps (sketch, prelimi- nary plat, revised final plat). 5 Memorandum - Planning March 13, 1990 agenda items March 9, 1990 Page 6 The plan must show the car wash building, its parking and circulation lanes. The applicant was informed of this, however, I did not receive a revised plan. I can not properly assess coverage, parking, etc. until everything is shown. Access/Circulation: Access is provided by a signalized intersec- tion with Shelburne Road. Access is also provided by a gravel driveway onto Bacon Street and access onto the Factory Outlet parcel. The City should take this opportunity to improve access, paving, parking, etc. around the carwash building. Circulation is provided around the entire building. O'Dell Parkway is pro- posed to be better defined by curbed landscaped islands. I suggest that the openings to the front parking aisles be closed to provide better stacking for vehicles awaiting the light. at Shelburne Road. Parking: The proposed use requires 132 parking spaces if the shopping center standard is used or 160 spaces if the individual retail business standard is used. The plan shows 115 parking spaces. The applicant claims that 115 spaces will be sufficient. The aisle widths are substandard. They range from 14' to 22' while the standard is 24'. Coverage: The existing site is almost 100`/o covered. The pro- posed plan is also almost 100% covered Front yard coverage is also not met. Traffic: Since this project classifies as a PCD, it must meet the P.C.D. traffic requirements. Surrounding intersections must not fall below level of service C. A traffic study should be done to determine impacts of the use on surrounding intersec- tions. Landscaping: Required landscaping value is $600 based on an estimated $20,000 alteration lost. The plan shows new Mountain Ash and yew which meets the required value (assuming 2 1/2" - 3" caliper ash and 18" - 24" yew). The planting schedule should be revised to indicate number and size of proposed plantings. A landscaped strip along Shelburne Road should be provided to improve the appearance of this site. 6 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 17, 1990 Mr. James Carroll FEP Associates c/o Champlain Financial Group Champlain Mill #43 Winooski, Vermont 05404 Re: Ben Franklin, 518 Shelburne Road Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 Enclosed are the 3/13/90 Planning Commission meeting minutes. Please call if you have any questions. g rely, Joe SiWeith, City Planner 1 Encl JW/mcp CITY OF SOUTH IIUR1,INGTON SITE PLAN APPLICATION l) OWNER OF RECORD ( name, address, phone # ) - Thomas, Herman_& Mavis, 64 Southwind Drive, Burlington,'v 05401 862-0100) 2) APPLICANT (name, address, phone #)_FEP.AesociatPa-- o Champlain _ Financial Group, Champlain Mill #43, Winooski, VT 05404 (655-1901) 3) CONTACT PERSON (name, address, phone James F. Carroll, same as Champlain Financial Group 4 ). PROJECT STREET ADDRESS: 518 Shelburne St. (Road) 5) LOT NUMBER (if applicable) Agel Corman Building 6) PROPOSED USE(S) Change in use from a furniture store to a variety store. 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) 1 unit, 1st floor = 18,000 sq. ft., 2nd floor = 6,000 sq. ft., height = see plans 8) NUMBER OF EMPLOYEES 20 full time, 20 part-time w/15 employees at any one tim( N/A existing commercial condominium 9).LOT COVERAGE: building X; landscaped areas % building, parking, outside storage % See site plan - no changes proposed 04' 10) COST ESTIMATES: Buildings $ 20,000 , Landscaping S Other Site Improvements (please list With cost) $ 11) ESTIMATED PROJECT COMPLETION DATE: 07/01/90 INCRLMENTAL 12) ESTIMATED AVERAGE DAILY VRAFFIC (in and out) 332 * m 15 Estimated trip ends (in and out) during the following hours: 7_8 8-9 am ___ Monday through Friday p �- 9-1am . 11-12 noon 32 12-1p.m. 32 ; 1-2 p.m. 32 2-3 p.m.3$_9pm 20 10-11 am 3232 — 3-4 p.m. 32 4-5 p.m. 25 ; 5-6 p.m. 20 6-7 p.m-20 13) PEAK HOURS OF OPERATION: 10 am - 4 Pm 14) PEAK DAYS OF OPERATION: Friday and S t ay DATE OF SUBMISSION IGNATURE OF APPLICANT * From: Ben rankl' Impact Study, September 1989 based upon DATE OF HEARING Trip Generati , Institute of Traffic Engr. Sections 820 and 890, 4th Edition 1987. CHAMPLAIN FINANCIAL GROUP The Champlain Mill #43 One Main Street Winooski, Vt. 05404 February 2, 1990 South Burlington Planing & Zoning 575 Dorset Street South Burlington, VT 05403 Reference: Ben Franklin To Whom It May Concern: Bus. 655-1901 Fax. 655-1904 We have agreed to general terms for our use of the Agel Corman building with the owners. It is our intention to be long term merchants in your good city as a variety store in place of the furniture store. Our plans, when implemented, would show a similar product mix and customer as there is in the North Avenue and Essex Jct. Ben Franklin Stores. We do plan to give the building a minor face lift that improves appearance and energy efficiency while repairing the existing structure. For example, we will be closing up a fair amount of the large glass windows. The pedestrian flow around the building will be improved by concentrating on a single entrance instead of three. We plan to shift the shipping/receiving to the north side where it will be less disruptive to traffic flow, more attractive, and away from the heavier traffic. Our employees will be required to park away from heavily traveled/utilized areas so they will not be an impact item. The store is predominantly targeted to the female housewife market so our peak utilization occurs while children are in school. Therefore, they will not aggravate the traffic situation. Based upon a Ben Franklin Impact Study of September, 1989 it appears the net change in trip ends would be�332-.per day attributable to a change from a furniture store toy a variety store. However, there will be a decline in present through traffic not utilizing existing Ben Franklin stores on North Avenue and in Essex Junction, or diverting from competitive vendors along Shelburne Road. Page 2 February 2, 1990 It may seem overly simplistic to say this but we don't feel we will add to the Route 7 traffic. The store will be an alternative/additional destination to existing traffic. We are not creating a new market or true new trip generations. The recent improvements to the Shelburne Road/I89 intersection has substantially improved the circumstances that have existed in the past. The presence of the Home Avenue light combined with the fact that a good deal of our traffic will be inter -store traffic, not create any problems with traffic or exceed zoning limits. our analysis of the stores at Essex and Burlington point out that only 1/4 of our traffic is single destination; that is true incremental traffic. That is to say that 2/3 - 3/4 people are already there i.e. the outlet mall, T.J. Max or surrounding stores or the bank. We can demonstrate that only 1/4 of our customers will come solely to Ben Franklin. This number will not vary substantially from the incremental traffic that already goes to Agel Corman. our analysis indicates that there is very little cross -over currently to the furniture store from other shops. The summary of this discussion is simply our trip study is based upon customers through our register and 3/4 of these people will have already turned off of Shelburne Road and be on the subject property. Therefore, there will be no net increases that violate the traffic overlay limits. Given this factual analysis our trips for this lot will fall within the allowable limit for the lot and overlay zone. This is an 1) existing structure, 2) in the appropriate zone, 3) is part of a commercial condo project 4) within an integrated private shopping center with good access/egress to all of the intersecting roads. Given the unique location of the building and its proposed new use, we feel will not complicate the existing situation on the Farrell property or adversely impact on surrounding road traffic. We have solid evidence from our Burlington and Essex Jct. Stores to demonstrate that we will be a pleasant addition to your commercial sector. Page 3 February 2, 1990 The adjacent parking to the building and access/egress are underutilized and the cross -over stops from existing shoppers will not exceed any of the capacities or zoning regulations for the area. We look forward to your thorough review and discussion. If you have questions or comments we will promptly respond. Sincerely, James F. Carroll, CLU, ChFC JFC/tmw FACT IS -Zoning is Cl -Property is a condo on the Farrell land -There is 6,000 sq. ft. of existing office space -There is about 17,000 sq. ft. of retail furniture space -People go to a Ben Franklin while a. on a grocery shopping trip b. when they go to a bank C. while clothing shopping d. while shopping at a discount store A Ben Franklin is the place you go to when you can't find it someplace else. It is a service store where the basic essential for a household are carried. People stop when they are already going somewhere else. -A Ben Franklin retail floor area is intensely covered with merchandise and is not a densely people populated store. It is a very high volume of items densely displayed. -The application is a reduction in retail square area to 15,000 and fills a need for South Burlington shoppers. -The applicant will not adversely impact on traffic in the area. -Parking plan is 124 spaces and the use only requires 114. The spaces are not now regularly used. -The lawsuit between the building and property owner has been settled so that the site plan approved for the area should be finalized. -We are willing to work with the town to assist in solving problems on adjacent properties. We wish to be good neighbors. ORMAN dat Ni'AMY 518 Shelburne St. SO. BURLINGTON, VT. OS401 rity or !7)o. '�1-..rlin-?-ton Richard 9rd Dorset St., >outh, Burlington, Vt. ear Tr. ard, e'�rury 2, 1, go o Whom it may concern, let it be known that anair©emel�t has been. secured between the owrers o" the 4,[,�l-"orman property and Ben "ranklin stores allowi.nL; them exclusive ri. Ih.t to pursue wb.atever .1ece3sary ar.raijvements t,i.,-,t will allow them occupancy of the subject property as a retaj.). varietzr store. .vC Vl.r(1111; appreciate 1, l," ,never ` .,,sist 1':'ct� yo-a to o"-Por in al l o rir the parties involved to accomplish, their objectives. e l,eetful.' T, . _a "M 11'-i n r . m' rl7 s (�-,1-, r-.r. ) �ZAA4a A �p hA vac( 6av �r� �► cd �IF1_� BsC (�J�ta,'�-' -tivad Ll�� � ��. c. �✓y �v i'�ei' - - 4 w 1,-&4 4t v k'+.- j .. GT�T /C/AT✓•t�4G /Sv�it�cS �4��'+� /7EG �To REv/e2l% -----_--mot Ooo vQ� %r6.6. . CHAMPLAIN FINANCIAL GROUP The Champlain Mill #43 One Main Street Winooski, Vt. 05404 Bus. 655-1901 Fax. 655-1904 March 13, 1990 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Attention: Planning and Zoning Reference: Agel Corman Building To Whom It May Concern: The purpose of this memo is to outline the facts as we know them to be, our view of the situation, and our proposal. Facts 1. Shelburne Road is in Burlington 2. The site is in South Burlington 3. The property is basically a commercial condo with the building owned by Mr./Mrs. Thomas and the surrounding land by Mr. Farrell. The building has the rights as follows: -Access/egress -Several Right of way's -Parking - some with use controlled specifically by deed and some shared in common with others. The location of the parking as a practical matter makes its legal use mostly exclusive in front of and on the side of the store. Customers, in addition, have the right use of the factory outlet lot. Available parking is more than adequate for our proposed use and exceeds the Towns requirement for our utilization 14,500 - 15,000 x 5.5 = 80 - 83 maximum office space 5,000 x 5 = 25 total 105 - 108. City of South Burlington Page 2 March 13, 1990 4. Property is currently used as a combination retail and office space. No change is requested for the second floor, so it is not an issue. The usable office space is less than 5,000 and over 1,000 of hallway, stairway, and bathroom. 5. The change requested is to go from a furniture retail to a variety store. This is a permitted use. The gross perimeter of the ground floor is 18,000 square feet. Retail space will not exceed 14,500. We have used 15,000 for our traffic study. The difference is exterior wall, staircase to upstairs, HVAC, loading, unloading, bathrooms, warehouse, common area, employee room and managers office. This is a unique property with a remarkable legal history and unusual current circumstances due to the condominium structure. Much of what exists now has been mandated by authorities in the past to coincide with the light at Route 7 and Home Avenue. This altered the original traffic pattern and resulted in the current free flow approach. Due to various legal fights between parties, the project has been somewhat unfinished. The corridor in front of Agel Corman is used as an access to the Factory Outlet, Agel Corman, the carwash, Channel 22, Club New England, and Citgo. It works amazingly well for such an undefined approach. The parking in front of Agel Corman is poorly managed and ill defined. Illegal use as used car lot takes up the front row of parking. It further distracts from the appearance of the property. The Planner has indicated a desire to get the carwash area paved as part of this application. The applicant has no right to cause this to be done, and we would suggest that friendly goodwill toward Mr. Farrell will go a lot farther than anything else. We think a lot can be gained by friendly cooperation with Mr. Farrell and other parties. We would suggest that the Town can get more cooperation from the parties than the applicant. The traffic corridor at this moment is poorly defined and creates some confusion for unfamiliar users. There are two major points of access/egress into the general area; namely, the outlet entrance/exit and the Home Avenue entrance/exit. The area around Agel Corman is functioning quite smoothly and with a little work could be better. Both access points are signalized. A good amount of the traffic is East/West between the two shopping centers and the balance is North/South on Shelburne Road. There are some undefined access/egress points via Bacon Street and Farrell Road to the rear. City of South Burlington Page 3 March 13, 1990 Traffic flow on Shelburne Road has improved since the I-89/7 interchange was finished and this change in use will not have a negative effect. Ben Franklin is a convenience variety store. "Where you go when you can't find it somewhere else". We, per se, are not a traffic generator, we are a stop on your way to/from somewhere else. This point is proven by the North Avenue and Essex Jct. stores. People go into Ben Franklin while they are already in the area, banking, clothes/grocery shopping. The incremental trip ends over the current use is insignificant. We estimate less than 40% of our trip ends are incremental. The proposed traffic flow/parking/landscaping enhancements will improve the flow, safety, and appearance of the property. Our Proposal -Change use to variety store in place of furniture store -Work with common area users to create a better/safer flow of traffic and pedestrian use. Put correct signage in place to reduce confusion. We will implement your suggestions. -Clean up area and enforce property rights/uses and cause illegal uses to cease. -Upgrade building exterior and improve appearance. We will participate in any reasonable common area plan to improve access/egress and area management. We cannot commit for others. Our Project We consider the project to be an existing commercial development that complies with all requirements when built. -Ben Franklin will provide a meaningful service to South Burlington in an existing structure with conforming use. -Allow two long-term tax payers to retire in peace. -We will improve the appearance and safety of the area. We will upgrade and maintain the greenspace - adding whenever possible. -We will work with the common area people to further improve the management of the area and try to settle old conflicts. Page 4 March 13, 1990 -We will agree, in advance, to any reasonable plan that improves the utility/appearance of the area. If our project is not approved, the building will in all likelihood continue to be used with no improvements by furniture merchants with much more aggressive selling techniques and the peak area traffic will come close to Ben Franklin. However, there will have been no improvements in flow, safety, or appearance and no future commitment to cooperate. Our stores are clean and neat. Our customers are happy and satisfied. Our employees are pleasant people to be around. Appearance and Lot Coverage The lot is not 100% covered. Candidly due to the outlet mall and other users, too much greenspace taking will create safety and traffic flow hazard. However, nice landscaping and clean up will be a real plus. There are green strips in front by Shelburne Road and around the front of the building. We are willing to work with the Town and Mr. Farrell/Outlet Center to create a cleaner neater more green appearance. We suggest a try it approach where railroad ties are installed at the appropriate places with crushed stone behind them. The railroad ties would be pinned down. Once a particular design layout is proven to be an improvement, we would participate in making the right permanent improvements, i.e. concrete, trees, lighting, etc. All of the users of the ROW should be forced through your process to participate in improving safety/appearance and traffic flow as part of the planning for surrounding areas. Future events will offer a good opportunity to make things better. 1. The end of Chittenden's lease per your agreement with the outlet. 2. Possibly an improvement of access/egress through the Farrell Street. We are willing to work with you to accomplish these items. We want to be a good neighbor. Sincerely, FEP Partners CHAMPLAIN FINANCIAL GROUP The Champlain Mill #43 One Main Street Bus. 655-1901 Winooski, Vt. 05404 Fax. 655-1904 March 13, 1990 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Attention: Planning and zoning Reference: Agel Corman Building To Whom It May Concern: The purpose of this memo is to outline the facts as we know them to be, our view of the situation, and our proposal. Facts 1. Shelburne Road is in Burlington 2. The site is in South Burlington 3. The property is basically a commercial condo with the building owned by Mr./Mrs. Thomas and the surrounding land by Mr. Farrell. The building has the rights as follows: -Access/egress -Several Right of way's -Parking - some with use controlled specifically by deed and some shared in common with others. The location of the parking as a practical matter makes its legal use mostly exclusive in front of and on the side of the store. Customers, in addition, have the right use of the factory outlet lot. Available parking is more than adequate for our proposed use and exceeds the Towns requirement for our utilization 14,500 - 15,000 x 5.5 = 80 - 83 maximum office space 5,000 x 5 = 25 total 105 - 108. City of South Burlington Page 2 March 13, 1990 4. Property is currently used as a combination retail and office space. No change is requested for the second floor, so it is not an issue. The usable office space is less than 5,000 and over 1,000 of hallway, stairway, and bathroom. 5. The change requested is to go from a furniture retail to a variety store. This is a permitted use. The gross perimeter of the ground floor is 18,000 square feet. Retail space will not exceed 14,500. We have used 15,000 for our traffic study. The difference is exterior wall, staircase to upstairs, HVAC, loading, unloading, bathrooms, warehouse, common area, employee room and managers office. This is a unique property with a remarkable legal history and unusual current circumstances due to the condominium structure. Much of what exists now has been mandated by authorities in the past to coincide with the light at Route 7 and Home Avenue. This altered the original traffic pattern and resulted in the current free flow approach. Due to various legal fights between parties, the project has been somewhat unfinished. The corridor in front of Agel Corman is used as an access to the Factory Outlet, Agel Corman, the carwash, Channel 22, Club New England, and Citgo. It works amazingly well for such an undefined approach. The parking in front of Agel Corman is poorly managed and ill defined. Illegal use as used car lot takes up the front row of parking. It further distracts from the appearance of the property. The Planner has indicated a desire to get the carwash area paved as part of this application. The applicant has no right to cause this to be done, and we would suggest that friendly goodwill toward Mr. Farrell will go a lot farther than anything else. We think a lot can be gained by friendly cooperation with Mr. Farrell and other parties. We would suggest that the Town can get more cooperation from the parties than the applicant. The traffic corridor at this moment is poorly defined and creates some confusion for unfamiliar users. There are two major points of access/egress into the general area; namely, the outlet entrance/exit and the Home Avenue entrance/exit. The area around Agel Corman is functioning quite smoothly and with a little work could be better. Both access points are signalized. A good amount of the traffic is East/West between the two shopping centers and the balance is North/South on Shelburne Road. There are some undefined access/egress points via Bacon Street and Farrell Road to the rear. 1 City of South Burlington Page 3 March 13, 1990 Traffic flow on Shelburne Road has improved since the I-89/7 interchange was finished and this change in use will not have a negative effect. Ben Franklin is a convenience variety store. "Where you go when you can't find it somewhere else". We, per se, are not a traffic generator, we are a stop on your way to/from somewhere else. This point is proven by the North Avenue and Essex Jct. stores. People go into Ben Franklin while they are already in the area, banking, clothes/grocery shopping. The incremental trip ends over the current use is insignificant. We estimate less than 40% of our trip ends are incremental. The proposed traffic flow/parking/landscaping enhancements will improve the flow, safety, and appearance of the property. Our Proposal -Change use to variety store in place of furniture store -Work with common area users to create a better/safer flow of traffic and pedestrian use. Put correct signage in place to reduce confusion. We will implement your suggestions. -Clean up area and enforce property rights/uses and cause illegal uses to cease. -Upgrade building exterior and improve appearance. We will participate in any reasonable common area plan to improve access/egress and area management. We cannot commit for others. Our Project We consider the project to be an existing commercial development that complies with all requirements when built. -Ben Franklin will provide a meaningful service to South Burlington in an existing structure with conforming use. -Allow two long-term tax payers to retire in peace. -We will improve the appearance and safety of the area. We will upgrade and maintain the greenspace - adding whenever possible. -We will work with the common area people to further improve the management of the area and try to settle old conflicts. Page 4 March 13, 1990 -We will agree, in advance, to any reasonable plan that improves the utility/appearance of the area. If our project is not approved, the building will in all likelihood continue to be used with no improvements by furniture merchants with much more aggressive selling techniques and the peak area traffic will come close to Ben Franklin. However, there will have been no improvements in flow, safety, or appearance and no future commitment to cooperate. Our stores are clean and neat. Our customers are happy and satisfied. Our employees are pleasant people to be around. Appearance and Lot Coverage The lot is not 100% covered. Candidly due to the outlet mall and other users, too much greenspace taking will create safety and traffic flow hazard. However, nice landscaping and clean up will be a real plus. There are green strips in front by Shelburne Road and around the front of the building. We are willing to work with the Town and Mr. Farrell/Outlet Center to create a cleaner neater more green appearance. We suggest a try it approach where railroad ties are installed at the appropriate places with crushed stone behind them. The railroad ties would be pinned down. Once a particular design layout is proven to be an improvement, we would participate in making the right permanent improvements, i.e. concrete, trees, lighting, etc. All of the users of the ROW should be forced through your process to participate in improving safety/appearance and traffic flow as part of the planning for surrounding areas. Future events will offer a good opportunity to make things better. 1. The end of Chittenden's lease per your agreement with the outlet. 2. Possibly an improvement of access/egress through the Farrell Street. We are willing to work with you to accomplish these items. We want to be a good neighbor. Sincerely, FEP Partners � 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 9, 1990 Mr. James Carroll FEP Associates c/o Champlain Financial Group Champlain Mill #43 Winooski, Vermont 05404 Re: Ben Franklin, Shelburne Road Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are. Bill Szymanski's and Chief Goddet.te'S currUnc:l,ts. Please be sure someone is present on Tuesday, 3/13/89 at 7:30 P.M. to represent your request. n ea lye, L Joe Weith, City Planner Encls JW/mcp avwv aM.y wsa "awwr.410- usJK�.iuuio�.l,.n aiafiywLe-u¢L u ePOr N�1471 �i� �v'y r, M E M O R A N D U M To: South Burlington Planning Commi-sion From: William J. Szymanski, City Engineer Re: March 13, 1990 agenda items Date: March 9, 1990 4) PROFESSIONAL BUILDING. 333 DORSET STREET 1. The plan conforms with the Dorset Street widening plans and is acceptable. 2. A site drainage plan shall be submitted for review and ap- proval. 5) MUDDY BROOK INDUSTRIAL PARK. LOT NO. 4,_ WILLISTON ROAD On site sewage disposal is required for this lot. Plans of the system shall be submitted for review and approval. 6) PARK PLACE, DORSET STREET 1. The circle streets are too small and confined for maintenance and parking. A "U" shaped road would better serve this lot. 2. Sewer manholes must be accessible for mobile cleaning equip- ment. 3. The sewage pumping station of Indian Creek will need upgrad- ing to accommodate this extra flow. 4. Dorset Street frontage should include a sidewalk. 7) BEN FRANKLIN STORE, 518 SHELBURNE ROAD 1. The planting islands should be lined with concrete curbs to protect them. 2. The car wash is located on this lot. At times it is very busy with two lines of cars backed around the east side of this building. This back up may conflict with the parking along that side. All 110 4 S s v m r-D ►_oTT , z e Z 7 -5�o 7?oo 14-55 e9c)/ y 3 �I. C)= 3, 3 s A TO: FROM: RE: DATE: 1. 2. 3. 1 1 ;5-uutb +viurlingtnn iR tre Department 575 19nrset street R,nutb Nurlington, Vermont 05403 (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY MARCH 13 1990 AGENDA ITEMS MARCH 7,1990 ALAN PALMER PARK PLACE 1001 DORSET STREET PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME THE ONLY PROBLEM I SEE IS THE BUILDINGS ARE LESS THEN 30' APART, MICHAL DUGAN 518 SHELBURNE ROAD BEN FRANKLIN STORE PLANS REVIEWED BY THIS DEPARTMENT ON THIS PROJECT AND THE ONLY PROBLEM I SEE IS 11 PARKING -SPACES ON THE SOUTH END OF THE BUILDING NEAR THE ISLAND MUST BE TAKEN OUT TO ALLOW PROPER ACCESS FOR EMERGENCY EQUIPMENT TO SET UP IN CASE OF AN EMERGENCY. MUDDY BROOK INDUSTRIAL PARK LOT #4 PLANS REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. 4. PAUL MORWOOD 333 DORSET STREET PLANS WERE REVIEWED BY THIS DEPARTMENT AND THE ONLY PROBLEM I SEE AT THIS TIME IS THE DRIVE WAY TO THE BACK MUST BE NO LESS THEN 18' FOR A FIRE LANE TO GET EQUIPMENT IN THE BACK YARD. ! : p 11�OrY1-Wislerj,J � _. _... - � ... ,• IS�9filcsf� � , erosx+ral+ ArM �+�ar� WWI 14 ia%�a ee cskea � s '. � � Gi-Fr1TL•LJ L'�-l'T?q.1bTG», iaci:JE- GIM.t a-ifE k"U" 6L I _aA-e-,n_ Al I Gtl's Iqg hrYickV3,-- Cx-iJ<L1 � J�-I>rj�.J f'>t,�•Ic-r a1rt.Jlo"i ibGIU ii► L.1� �raAt+•yMs_ ' �-: '���__—, �— FiIO�/'t7 �' 1 I �'. �-x�._ Li fM+J�IL.J'i iGG PiRrGa.JG --F+cJ' r IEv`o r.�uylmen rnerJ,.a.letyn+e� Icpfj� 2a,a.,y a,es P- 'S'1-G�+u�aGJ-t [�JL�LI IJGTDtJ ,�/h W City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 3, 1990 Mr. James Carroll FEP Associates c/o Champlain Financial Group Champlain Mill #43 Winooski, Vermont 05404 Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 At the 5/1/90 Planning Commission meeting, the Commission in- structed me to develop a list of intersections and development scenarios which should be evaluated in a traffic analysis. I recommend that a level of service analysis be conducted for the Shelburne Road/Home Avenue/O'Dell Parkway intersection and the Shelburne Road/Factory Outlet Mall intersection. The following development scenarios should be analyzed: 1) Existing 1990 conditions with existing use (office/furniture store). 2) 1995 scenario with existing use (office/furniture retail). 3) 1995 scenario with proposed use (office/variety retail). The report should include all data and assumptions used in the analysis. Please contact me if you have any questions. Si cerel , Joe Weith, City Planner JW/mcp Alm & / _' 'lliel ___ .SyE�3I./2.vE /Zo om m ^ 4 G: i � I G• -�- ON E � . •WAY � i � • • I n• u• i I i I• ONE WAY • F E P PARTNERS 42 Hercules Drive Colchester, VT 05446 June 1, 1992 TO: City of South Burlington Planner Subject: Parking Lot Improvements Dear Joe: Ph. (802) 655-5561 Fax (802) 655-1904 Thank you for your letter from May 28th. We are quite willing to meet and to finalize our plans for the parking lot and access. In fact, with approval, we would not hesitate to go forward and finalize. However, the Chittenden Bank, Farrell, Davis and Heathcote Plans would impact directly on our plans. We have advised Chittenden (through spokesperson, Mr. O'Brien), that we would be willing to contribute to their cause, subject to a satisfactory design, providing we had not yet done our improvements. If we have done our work, we would be an opponent to their plans and less willing to participate financially. However, we do want to make our final improvemnts before snow flies. Therefore, it would seem appropriate to request an extension to August 28th. If the Chittenden has finalized its plans and we agree, then we can join with them. If not, we will request final approval for our plans and complete them in September/October. Kase advis how you would like us to proceed. incerely, James .. arroll City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 May 28, 1992 Mr. James Carroll Champlain Financial Group 4 Hercules Drive - Colchester, Vermont 05446 Re: Ben Franklin, Shelburne Road Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 This letter is a follow-up to our telephone conversation of last month. As we discussed on the telephone and as I stated in my letter to you dated 3/12/92 (attached), condition #4 of the approval for the above referenced application requires you to return to the Planning Commission for review of the traffic circulation pattern at. Ben Franklin. You stated in our telephone conversation that you were involved in negotiations with other property owners in the immediate area regarding improvements to O'Dell Parkway. You indicated that you wanted to wait for the outcome of Chittenden Bank's discussion with Tom Farrell. Chittenden Bank has since obtained an approval from the South Burlington Planning Commission for extension of the date at which the drive -through must be terminated. The extension was granted in order to give Chittenden Bank more time to work out the details of getting O'Dell Parkway improved. This extension, however, does not absolve you from meeting your permit conditions. The permit condition requires you to return to the Commission for purposes of reviewing the temporary curbing improvements you installed on O'Dell Parkway and deciding whether these improvements should be made permanent. If you are involved in the discussions between Farrell, Chittenden Bank, Davis and Heathcote, I would suggest. that you request an extension to the date at which your temporary curbing improvements will be made permanent. Mr. James Carroll May 28, 1992 Page 2 I would like to schedule you for the July 28, 1992 Planning Commission meeting. Please contact me soon to confirm this date. I will also inform you of the necessary information to be submitted for this review. S' c rely, J Weith, City Planner 1 Encl JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 7, 1991 Mr. James Carroll Champlain Financial 4 Hercules Drive Colchester, Vermont Group 05446 Re: Ben Franklin, Shelburne Road Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 This letter is in regards to the temporary barriers you have installed in your parking area to define O'Dell Parkway. We do not feel that your barriers have been placed in such a manner as to define O'Dell Parkway as shown on the approved plan. Please review these plans and be certain that the barriers are placed in such a manner as to establish the circuiation pattern and parking areas shown on the approved plan. The barriers which you are presently using are small cones which are easily run over and moved or which can be stolen. We would suggest that you rise more substantial devices such as large orange barrels or railroad ties with reflectors. These devices would less likely be moved or removed, and better define circula- tion. A good example of use of the barrels to define circulation is in the A&P parking lot on Route 15 in Essex Junction. Thank you for your attention to this matter. If you have any questions, please give me a call. Sicerely, , {z- oe Weith, City Planner JW/mcp cc: Richard Ward Lynn Esden b � w CHAMPLAIN FINANCIAL GROUP 42 Hercules Drive Colchester, VT 05446 August 12, 1991 Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Subject: Temporary Barriers Dear Joe, Ph. (802) 655-1901 Fax (802) 655-1904 Thank you for your letter, the barriers were a valiant attempt at traffic control. They were tech screwed down. We are in the process of converting over to concrete. We had. been waiting for Tom Farrell to be well enough to meet with us. Jim Truax, Paul Marquis and Griswald have been evaluating the best method. Rest assured it is a priority for us. We do appreciate your thoughtful suggestions and concern.. We Will keep you posted. i.ncere�ly, 11 r- Jam es. "L` Carroll 0 sel l City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 18, 1991 Mr. James Carroll Champlain Financial Group 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin, Shelburne Road Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 Enclosed, please find a copy of the Findings of Fact & Decision on the above referenced project. If you have any questions, please give me a call. 'ncerely, oe Weith, City Planner 1 Encl JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 February 27, 1991 Mr. James Carroll Champlain Financial Group 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin, Shelburne Road Dear Mr. Carroll: ZONING ADMINISTRATOR 658-7958 Enclosed are the January 8, 1991 Planning Commission meeting minutes. Please call if you have any questions. in erely e Weith, ity Planner 1 Encls JW/mcp m Gx/J r/Nb srPL A/ oL //✓ JYJre" � r I I3 /!//GGE3 � FPL NEL I I c/rGo I ,O/N 1 /GG✓C✓ I Al — I po cousr<s,<r/ou h I ro eLLo/✓ � I nLreL<//u/r/a✓oF I I I r///!< dcs/Des Foa I I,. 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Burl:nrf+.,, W 0 � V � V j 1 Q W o V V � � h � d i J y Z v a LEGEWD Tae To oe esvwFa 'C,� - R fuM TBeL j0 D8 RELof/QNv rG P� � .. . —goer— 6 x or- PJ1wW(, fb,-K W( i� 'F R Rb6s — — C"w LIMO rOX's "L4 PZ*444r' —s—s— WOOD FWCE FROFO WCEQWA40 ❑ p CO,-EW MOMWOW{ W" �4a L00 uraiou� 14ane y5 16P�4/ ocv ------ CRtoa LIWft CA 01WA as Mbars• ---- proprQ uwz C'= WP49 RNI — czktxv uw" , A 5ww AOp" Too for T DAWK ' ® arawawW.4 W' v v V W � � � O V \ I V V GEd./E aLc. AJOTES ` Q /. /✓FPSNLr/ou Fos ryu J/rd Pc/u Ivld Dart/✓eo FdoN S/rd VA-JV BY H/LM110E O✓6/N /././ Z W od)-eo Fdod✓/LY 1/, /ye<• do0/r/o /uFos N/r/ou Fog ry/J 6/rd' 1, A//c Pao✓/ose dY owudt udP,✓ J/rE vdL/f•/iIr/aA/. 3, J/OBw/LA:3 dN/« ee / ///N/A/✓L/ 5'/N {✓/Pry /NO eo of rL u.erio /J Pis rlr✓ dPY�/FA/3. .f; P'OeLL P/dLw/✓ /No P/AL/✓G /fL/NPJ /N/LLde REVISIONS: /. ¢•IL'yo: L /NLn w/I.y OO�LerE cdd O/✓G. a<r II eP />Ll AJr/A/G J<A/6.oNLB Lrd /Ar so NAiau Nd NG Aar. A/dAsd >/id cadr J✓!. A ?O J/dG sur J✓u/PeL J✓✓/Pd d✓J L✓/✓dd/dJ/d4. /dV Z1 PP SPO.M 6 G P/✓ odA.S 4✓eLc✓J PALL/drA16 Joey 1S0.d> /Sdw.ro C S FLowd'.a./uG Oad0 H/L✓J f/N/LY 3 C4.9 ?QP,dIR /¢Po.m /./ore 6 /. ssr dLL Jyd ✓6J /A/ 60c PF 0/LL </✓Li.y- Z HO✓NO dLL POdNr/✓4 LLd/J N/u/s/✓N /1.' 3. LOor OF Cdcy PL /NT/✓G /✓ai✓OdJ /✓3r/L<e r/O✓. NOV 29 1990 P/L L/L/G Z. 5-/-90 dooro V JPd LEJtun Dart edfeo �✓d <s s /ooeo s7- 4 /. red GO PA A /uG ¢. 5 0• go: !/PGA/JLn ! dL PL/A/ J P Jt& r<A' PL/✓ LG✓/d W. dd P/L od reP s-Z?-Flo G.D•q•9o: /OOCo 2•/P FL POE• /Oo%✓, 7.40 /Z-9o: /ooso ror/L: 1¢Po!Id J/u/r/d Y1Ot//u DRAWN s1; 8. REdyo✓t:o EnsTCAtLy P4R.<Mlef DATE: 5-4-90 PRojem DSITE $MEET OF i raf i7l.c 'Impact Review of- the Ben Franklin Store Sou,L-h Burli.-Ligaton, Vermont tnf'.'i a i:., <1 5+.'C: !i i3 :J :117' : a Bcr, F-ankiin rt.' J.!'t7 ieo' t -,or- oll :'_me i i dCi i)ui , 1tP i; :11Ji'si L: iP:E' }'c1 _Iti'`t `iall 1 1 So7Lth Bur i:n ono-o. The -xi i:'s b.iila:'n:, vyas previously occuri(-:(J ll}' Vie Ag i:l vUr1"ciil;'Lirnitu-re More. o- :ite iS served }• }he Sim .3Hzed intersection of 11 i'ci Avenu uiid:J Ce i P..ir-.-way-•,'d10, rtlt:l tSt'TiC Road, 1c; the north and, thc 0,jtlet Mail entragic;, tt; tI1C C71ih. 'Csi t�i l f these?i':i:'icriCill7r<j :'✓i(1 lip' impaciEcLY ih;zd:l:titril traffic ei_r:tt by this change in land use. T.^.e prd.•f:•t%s•(' S plans 701, f:Ji wising thee-d--ling stoIe's 15,0<N? :xjuare feet of s;pacci £Ur'Lille i`.t?;t' Bell i ;"Hi!J.l 7S '::tore, aml making accompanying irn—ovements to i''ne inter-�I ; i.r,.:i,;ti��r.:lt: ���`;h the par'king'i�t �0 4'leii Parkway. ? ZAFFIC 1MP ACT ANALYSIS 1:he 1.,npact of the 3C: itia>nai traffic that will be generated frorn this project is assc-sswd in this following sections. Safety and love; -of -service considerations are reviewed, and conclusions are made as to the impact that this project will have on the oFeration of the Shetbume Road/ O'Dell Parkway and Si(elbt!me Road/Factory Outlot Mall intersections. BACKGROUND CC)NDITIONS i The traffic volumes at the two intersections most affected by this project, i O`C,..II I arkwvay/%3oit.d. Avenue/Shelburne Road and Factory Outlet Ma,! Sears /Shelburne Road.. ;were counted on May 18,1990 from 3:45 to 6.00 P-M. 'Ehe volumes are show. below in F;g.:re 1. These counts were then adjufted to t i effect the ;?esign ;our conditions, which acre generally to evaluate real, traffic;_cnd:46or-o; at signalized The counted volunie; were scaIedi to rer7cct .k.-siUn i:;)ur veluine:s using traf is dat-3 fnx-n a permanent continucas . ant �F,:::.}, of "r2Ai1--;Portatinr., Siati;�n s72 on r iE: urn. sd;.:i;:t in `:c;,a 1... 11, was th t Station .. 1.:, .he me t .. ;niaCLg co—nt'.f Ftlition, as is ret,!Cc:ts traffic t-cnds c(i ;.a sair;v -, o'n an, ntir5tai.'-type Yivl,:wa4, i L%r i11+. isi e of l:E' c ou ', ?-Ir ; gel 71:..ail Furnifur t(ir{' was C'v5cw. '. `i.-.17 (;7 `•�� r:...r�`7^�; i`n. h-,; :3 F('::'f:: a:;•^ .7 i!�id: ! �i�.i.�vi�_ �.�.... .i fa.•_ :Gf ..'i-'tl;�.. .. .. th-1-i Instit ie— _. T:a fir. p3go 2 I M7 24Z r Ben 17ra-nkhr. the lackgmund conditions., the acidi'lic'nal tdps Q- danipment -yV-are '71114 TTE -,Crip '3.,,.-;erA-.*,';n ""I"navic, dc';'mos ;'Oj� a variei­ slorc� �iuch s it 30!1 tb'' klp note 1viE-­ i'-11C�-ulatcd 103cd on z;al.:::-ecordl� a� Art SWOM salleti per d1a), iDr i-imes oi year -,vere c,_Aj't:i:ied at the 11794 squmn Set Bui Fri -.Mn swre on TOM Annue .�aclis salo as and ',;Ile C%!ti "i7 tr-ip, Ski thiat a daily tl-iF ger.z-raLon Take per lQuyind yqu.j)-e et CL'tc..'j "-'e tn.p then uscd- ip from _;,,quare it -et ArAved bun fwjj;;.ci5 .-''rrta then C911""Vrt the ARV t"ps W the ymnsor of peak ho'x' tr,py, Ad, 31 V ,,,K anj Ac 7 -0 :'t�! I I C!'ar" ;mVi fwm 2� :TE 7ap �Vtnwbq w1mud. �s levy On! lic- A 207 waz u,wd, YmCr to put —un,, opawc an Yw P(:: ".10ansc of 49 ON, to the s"Al v 11% Wd 40 to Aw rra"n in both dkenwot odor To pan b.- *-n,-.-I, i 2h,n "dlditio! ial 2'1 rips .vi;l 1)4:' 1VI Wrm im"; loq! W 124 no,,, f"', �t, CUMMY to! MGM M. V�Q MM SCA toy" 'Til'�JIP 1,11N, 0-F -\, 2-f*A :L U`SES 1yoo svzvw,�. �"-r .rT.T,�%.IL MIPM10-n-as Lur,ak,er '30rjk� 1D) 15C PEAK HOUR TM N.� load, to approx..'rnato �4 WWAing OVA n For r-v-W t I Nei Cj Ii 2xvrenlvis iidb�l(iart r-Ac 'e K.C�-, witli ia 5 v , jo itX;lr:-,;v"uni Ube:3ad capacity ils exce-eded resualt4 ng in unacceptable z r, r cul g i. hrur --b PIMI j,-eakk lhoux of ;;raff:-- L. the wcrst-c2se i-raff;cl t-,cemar-11- r--h Road. D,.z-x-kng '.he po3ly, hourl ljlkmec�icn, Y"Illiv Ve aii r a. !-Jurinc, 0 'en Fr:. nkiln will -,�?ncrate very little 'krf:ff;": v a s Fio! o r, i - 1 1 o d it tc CAT AWA Age" Of slie Ow t'n� �iC;ru rult %C. 7101 of the Facwr, '�)ulth for 0-3 'Dal" -A enrounk 19-4 of tics WES. I ionc ;I-? i-Adow foe, c CD to C L ad and nalyzed io; Scars/ Fac! act On urne y Toy, rcsylks intucate 616-C pot VA OT he Le rye'-of-Sers-rce Analyses 'UP _ 1-IN 13__ w;3 Aajust;r.er =s ;c Base ol's ii. T rai!:; ys 99 1 :, �3 g� Final Year :_ c` 0 r -y T�.- ;- i ? ; 1 124 Growth/yr 1 - 0 0 S r� Try PAL TH 1 4 } � y � 3 0 DHV ad',uSt = 0.9710 !;T _ 345--- — 3405 Total Growth �).973 c::rr.er,iy0;u:73 �+ add dev YN n e331 15 13 11 �G3 "I lurnes TOTAILr 39 TOTAi_ TH TC I A.- 4vJ !UR Total n 1. C iv rii r.: ,�•`•.Il -ra`fic arbd Roadway COM411lor:s Grade c� i lorne Ave l 0 (;'Jell Pkwy n Shelburne 0 Sheibufn9 0 Conn Pe{ts;hr Pi: Home Ave 0 O'Dell P'h'xy n Shelburne 0 Shelburr,a r� Lana Grour-l^fl3 Horne AVe 1 F 41 (-,0 Pt , :t-+e,G;rnia Sholburne 202 91 1296 1092 29 1504 1213 SIie:burre__ Shell --,urge ime of Day rontroiler Semi-act;:ated C3D? Ad' �arkirn ? Nin'1 Parking _--QuSt—'S i b 2 N 0 01 2 N 0 0 2 N 0 0 2 N 0 0 Mli,i Time Butt Arr e �' hf _Sutton? Y 0 Y 0 3 0.90� Y 0 3 0.96 Y 0 3 0.961 ., - y nT % Lane Width n 10.6 i n to Perm ----- � � -r_i •ref y r — ---- n — 1—f Prot ;1 i y y C ----- --� ;- n y ^ 1 �' 3q 8 Phase e 6 6s e 7 }}��!Clear. 8 ! 15..4 Ser, !� 1 T � �-•� r. +Total Crsen 1Totat Jean i q o� C zc'a Leal, h Lana GFguoA cc Fume Ave ----� 7 i d ' 14 I 15,6 JockLOS - 4 i crne. Ave O'Dell Pk:,vy She!burne i 2 12,8,1 ':he!burnel' 13 12 12,8,3 Lanes Green T;rne " ota; Dra!;. G cup : C� %�pi=r De!a; App�cach LOS Ur 13 1 a. 3 c 39.0 D R 16 43.5 E L 16 37,O D 25.6 D TR 18 20 r L 15.6 K i .'R.' 5 10. 5 c r,.o se�os.::is c +. -3 Adi, stmr)t-,tr- �0 3 a s e r! - 21 9 4 Fmai Y a( D ; nn 3 'TH 2, DHV ad:ust, 10'97, CIN f;tal Growth E•heiturr:e Auld des Yirne of Day PM 2 'S3emi-arclu'- controiler g,4 2 7 60 43 4352 3 911 d ? 9 4 1 6 1569 301 Total`' 2 9 .3R pkv�,v Shelburne anc Conditions o r c? n c In G r:ad e --4Orn;:- A -Noe O'De.',', Pk�."'Y 0 S e u ; ne m. C- Conf Ir: Sit-e-110urne S h e 1 b lu r in C- PAX.::; p na, N N N 01 Inn? Mir, "�*ine 90. Arr Tyci Y 0 3 Y 0 3 Y 0 3 Y 0 3 N -:3 0 0 0 0 ;:�hf 0.90 0.90 0.96 0.96 Lan4 Ttj ? RT? Lane Width L Ej t P_ '3 F,3 Av(� nne� n Y 11 2 i n Y 31 n Y Y n t) P 0 Y 10 IN, Y y P'n ol S e -7 Phase 4 C, Ole 0haze 5 ,I,, C. Phasa 6 Phase 7 IGr. C:ear, 8 C. 2 st:c otal Croon 70 Total Dead 1 0 Cycle Lenqlh 80 Pk icy 's c Lano 101 Ups Phase mim''DE".r -0. y D Hc:rne Ave 4 LOS i- OSCO oelb..rne 16.'-� sac i O'Dail Pkwy Los c I Lanes TR shelburi-!e Shelburne Green T'rre Tota, De ay Group LOS 18 19. 3? c 8 51.0 E is 20.41 c 4 4 14 4 iI 2 2,8, 1 3 2 2,8,3 Appr De!ay Approacti GCS 44.9 E 26.3 !717 era - o seccnds c P A rd: u s Im an, 3 to Sasa n an 1 19 9 a r 5 4 2 4 - Growih.,',jr OC,,85 I DLj%/ adi J -s Total Gtowil- 14 I is hj .� C TA L L' TOTA_ TH "VOTAL R-r I 13 21 41 123 52 1 32 4 8 Ave I-j'OeH P,<v.F-v ti ir) 9 i L-,,j Me e i b, j r n a 25�11� 5% 25% 2551c.1 ;,qffic zand Condiflons A o1 Adj H.Dme Ava I0 2 N 0 C; "Dell Plovy 1�1 N ti Sf,e{burr. 0 2 N ,�ielburre c N 0 H crn e Av e Dell Pkwy G'ielburra S h e 11b ':, r i .1 e ,AkQ Clev YIN = W Time of Day = ►FM Controiler Serni-actu" � I e 4 1 C13D.? Lj�___ - 1 Nb 0 0 0 0 :.grit P f -j d ,,, IN, Ped. 1,31t)irtcr. M ir. Time Butt A r r -c; e pht 0 y 0 3 0.90 0 y 0 3 0.90 0 v 3 0.96 y 3 3 0.96 Lane Groupings i4kvf:_N T TH? R T ? y y n r 3 2 l t n 3 y VI, v Lane Width Left turn p�,ase Parm Per," p �hISA 2 1 i � (1•N. 4 7• ..�.. � Jl:_ly 1 � `�. .1 'l� :. itPha f e 3 .. � .. 1Phase 4 1 8! Phase 5 3 Phase 6 Phase 7 Gr. Clear. 8 Toial Gra2n It'VC-14% ' 0' zC I Total Dead i �! 1-An,-`h 3 of LJ,S LOS r, i I Shel'.�i�ri?v' j LOS L,-%nes Li R L in t -rV ..fir 's ":�helburnE ShelburnE � recn I ilrie Iota! Dai3y Grcup LO'S 49.3 E 3 75.4 P �3 23.4 u "3 4i,; r 4 4 13.3 8 J 2 -Phase li ti.er 4 2 14 j I 1 11 I 2 t2,3,1 1 3 2 2,8,3 Appr Delay Xnproac,h L.('-)S 42.7 E 38.7 G 1s.3 c i I t 4 . c 1 I I 21.5 seconds ttiw ' ' 9 :j list Growtr;;yr ;. ota: rv'ry 1 �0.972 S= �r� rrcic,r, :,-,i �i,�:i?;U n�+ St` Inurne Add da\,Y?.t4 _ !r 20 1 120 2 21 5..._.__--- 101, i t 24 ??60' 13-IF 2-13 7"7 1486 _S ?ars Factory _C;.' Ghe!burne ory i czar$ actory Out c, te1b .. 1 .� J i n 7i elturne. Lane Group i?'itm sears 1 EF3 2 J Factory Out Time of Duy - RVI C0n'tr"D 1e'' = Sa,rni-ac1ua'.ed � �30? n i s-Iya Ad,* =r"s:' ing^ Nr*; :ParKi BUS" s N'C' N 0 C 2 N 0 0 2 N 0 0 2 N 0 V Gov-+! Fe^i th. Ped, Pat on? tA,i„ T;me r_N Butt Arr T Xpe rh 0 0 3 0.9 , 0 N 0 3 0,91 0 N 0 3 111.9E N 0 0.9E Y ! ?r�S y i_T"]� R' Lane WidthL?i! ;urn ;Dr --SE 1 y n n 10 Perri 1 n y n 10 ____-_ Ill .__--- .___.____Y 1 2 �- 1 1 1 y "I n 10 Per y 1 , AM i �._.::7i JLri"7 `t 1S C J Factory Out Lane Gri ,ae•ars t L,.l. l i.� ,.+ L 0 %3 {r ! �=ac ory f','Jut I She,!I-,,urr.e L :.In es L,reen Tire Total Delay G;cu0 `C's seats L 18 20.3 c i i 8 18.7 C t� 18 22.7 C Factory Out L 8 2 5, 1 D T 1 8 ' 3,iz C R 3a 9.1 S Phase d Phase b ase 6 rPhase7 . GJ�ar. - 3 Timings Total Green 6 a Total Dead 1 Cycle L@nn1t7 801 t^`-}1Gsry nLii;GG'+ r? !2 3 3 2 J 3 3 3 t 1 2 t1 2 j 3 2 1 y 2 ! 2 3 2 Appr Delay Apprcac," LOS � 21.4 it 25.3 D z0.7 v i f ! 20.2 second.-:. J 1 c Li f .J r. :S t'. .. _. .,.. '; .'� .. ty :.,'a C,.'a^te:: �•�::7 t:1 f3.aa '�/.�•i`S ,r,^, c: ,;Jl_`a5c Year = 4 ; 1`v !: tv i 1 "j i C++� rinai Year = 199� k i Ai_ ?''i t 1401 1357 Growt',v r 1 .008.5 '•c7TAi.. R —=.�` .� �' : _ .247 i OHV adjust = 0.9715 ! Tota? ur0`,vth = 1.014 i r 20 1 �J i 3 2 2 Time of may = RA VJ :-Hj l-t "ri\i- RY L 229 cta! 333 4 Ilium-- 111 450 47 Controller = Semi-actuate:-i helburne Cf3D? ,n �C 131 J� 1 sal .�..� 2a55 � -1 ; a1- 1550 .;^tc; L tUut . — Sii4�i"':rrre Sheturne 25=C1 50% 50% Traff:z and Soad-way Conditions Sears ' t? r actory Out � v Shelburne I 0 Shelburne 0 %+1r"if >✓�r°;,/fir �S{�. Sears 0 Factory Out Shelburne '` 0 S�:efburne 1_ 0 Lana Gto;;p:r,0S Sears or i_ares N 1 EB 2 # 1 3 L Faclo.-y Out __._ - 3; S'�e;ib:�rr;e • rl tom. ,,'O HV Adi Parking? Noi Pa. kin 2 N 0 2 N 0 2 N 0 2 N 0 ii.en?� fsn Time Butt drr Tvna _ N 0 _ N 0 N 0 N 0 3 3 3 Buses Nb 0 0 0.91 C7.�b Tn ; � !�T? Lane Width Left turn n n n 10 10 12 n 1 I n 1U p - n Y 12 )ease Perm Peru; n v 12 n — 1 •� f1 ? U r'd { ''; �> tPhase 2 ; t 3P?laSe 3 Phase a i 1 phase 5 rin[ a+r:; J ^ ., . ., r l Phase 6 l Phase 7 , Gr. Clear. 3 i i71]n s �ITCt3I ILL;J v i 09ad 15 i � ICiC+L LenQlh 30 Factory but �`• I LOS C i Lr,;nq Gmut3s Cearsl Factory Out 5helbUrr;E ShelburRE PhasF nt:�-r"-)er 13 3 l2 3 3 3 -� 1 2 3 1 2 2 2 3 1 2 2 :+taj Jetay Group LOw Appr C?iay Approacr L!i L 3 2C.4 C 21.7 C t. i3 13.7 C A ; $ 2 3. 1 C 28.0 0 25,5 0 T Rom` 2 5. SL e r, 14,3 l �; -t y- 10 1 y0v i .. :i n.. _ •i � _� , f:, %lipid! .�f,�r ± 1 GI'll 1 ! ::� ; o :• rr; t ; ; f . -___� .-_ = --=.._ _ _ ._-_--? ` .� a .1-� --------------___ : 5 7 G; t-o',,vi h; y r _ 1. i Z.t�` d-iL'st - 0. g 7 F� Tcta' Growth i0 -•--- tl 5fir�ly;rrr�r? Add Cav •Y'N _ !•y`'� tf� all ?o RTOR '1'*'ifit•l :li.'� Am roach •.7G:r ley yl f,. C ri L'f t"uC:iCiryi U[:T � cur1�� 0 onnlf li FZ-ciGrfi ^1uf i1 h?,t�rrl; j 0 Lane Grc.upij;0:, C:e =3 i 4 7 � ,415 1375' 262 153 -1 796. 1551 �� trdi 2 f 2_ 0 t� 0 _ -- N 0 3 M � v 0 3 f�d 0 -- 3 r!rr e.. of :✓aY R "` ^ Corte{C1(f-er f `iC3�J% it f :i:illOd V 0 0 rhf 0.91 0.9 0.96� 0.961 _"car 5 sV 1 Tt j ; r.^J; - =Lane ,dth Leff turn oiia^a y 1 0 perttt j r' Y ' 0 n _ 12 r •,' L. �, 1 Y T J Phas l PIP has. e 5 j `:lear. Cr iQtai Dead 1 Factor"Iacto—r—» Cut nntae; 2 : ar L J3 u Searsi F. . aCtCry cut a , .� !2 j3 i LC �. ; i 3 T arieS L 20.4 T S.7 A 32.: T ; 8. j L �S.S ry ro J!.K 3, 0.3 3.7 Shelburne 1 2 2 3 2 Siie�burne 1 1 2 2 3 2 Group LIDS Appr Ge':ay Apprcash L:OS C 21.6 c C 30.2 D c G 24.1 c J c z1.0 c .cra .'� ..�,;�•�:;�r. ^eau; tea._ ��%O.1d3 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 9, 1991 Mr. James Carrol F.E.P. Associates c/o Champlain Financial Group Champlain Mill #43 Winooski, Vermont 05404 Re: Ben Franklin, Shelburne Road Dear Mr. Carrol: ZONING ADMINISTRATOR 658-7958 Enclosed are the October 16, 1990 Planning Commission meeting minutes. Please call if you have any questions. i er y, oe Weith, City Planner 1 Encl JW/mcp 1/8/91 JW y • • • AVU I move the South Burlington Planning Commission approve the revised final plat application of F.E.P. Associates, c/o Cham- plain Financial Group, for construction of a 4,800 square foot, second floor addition to an existing 24,000 square foot building, and use of the entire 28,800 gross square feet for variety retail use (14,500 square feet retail floor area) as depicted on a plan entitled, "O'Dell Parkway - Home Avenue Intersection, 518 Shel- burne Road, South Burlington, Vermont, Conceptual Entrance Plan," prepared by Graphic/Construction Management Services, Inc. and dated 5/4/90, last revised 11/29/90 (stamped date), with the following stipulations: 1. The stipulations contained in the 10/16/90 approval and not superseded by this approval shall remain in effect. 2. This approval is conditioned upon a maximum retail floor area of 14,500 square feet as represented by the applicant. Any increase in retail floor area shall require approval by the Planning Commission. The applicant shall submit to the City Planner prior to occupancy of the building an "as -built" floor - plan which clearly identifies the maximum 14,500 square feet of retail floor area. 3. 'The proposed concrete/outrel 6g to line O'i?ell Pa kway and p rng islands (gener'tl 44 )on plan) shill f�e installed ti `o occupancy of building or prior to May 1991 P P Y g P Y � , wh ch v r is later. The revised final plat shall be recorded in the South Burl- ington land records within 90 days or this approval is null and void. (�7o r4- /J 0 RK ./ 6.v > 1/8/91 JW tolls • WO-W.11-y MON9171.111P I move the South Burlington Planning Commission approve the revised final plat application of F.E.P. Associates, c/o Cham- plain Financial Group, for construction of a 4,800 square foot, second floor addition to an existing 24,000 square foot building, and use of the entire 28,800 gross square feet for variety retail use (14,500 square feet retail floor area) as depicted on a plan entitled, "O'Dell Parkway - Home Avenue Intersection, 518 Shel- burne Road, South Burlington, Vermont, Conceptual Entrance Plan," prepared by Graphic/Construction Management Services, Inc. and dated 5/4/90, last revised 11/29/90 (stamped date), with the following stipulations: 1. The stipulations contained in the 10/16/90 approval and not superseded by this approval shall remain in effect. 2. This approval is conditioned upon a maximum retail floor area of 14,500 square feet as represented by the applicant. Any increase in retail floor area shall require approval by the Planning Commission. The applicant shall submit to the City Planner prior to occupancy of the building an "as -built" floor - plan which clearly identifies the maximum 14,500 square feet of retail floor area. 3. The proposed concrete curbing to line O'Dell Parkway and parking islands (general note #4 on plan) shall be installed prior to occupancy of the building or prior to May 1, 1991, whichever is later. 4. The revised final plat shall be recorded in the South Burl- ington land records within 90 days or this approval is null and void. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 January 4, 1991 Mr. James Carroll Champlain Financial Group 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin, Shelburne Road ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, January 8, 1991 at 7:30 P.M. to represent your request. Sin ere y, oe Weith, City Planner Encls JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 February 11, !P91. Mr. James Carroll F.E_P. Associates c/o Champlain Financial Group Champlain Mill #43 Winooski, , Vermont. 05404 Re: Ben Franklin, Shelburne Road Dear Mr. Carrol: ZONING ADMINISTRATOR 658-7958 Enclosed, please find a copy V the Findings of Fact and Decision on the above referenced project.. If you have any questions, please give me a call. oe Weith, City Planner Encl JW/mcp Memorandum - Planning January 8, 1991 agenda items January 4, 1991 Page 3 Landscaping: This project requires $12,500 in landscaping and the applicant will be meeting this requirement. Twenty (20) species of plant material will be used including juniper, crab- apple, red maple, birch, hemlock, cypress, viburnum and coto- neaster. The existing landscaping along the northerly side of the access drive to Champlain Farms will remain as requested by the Planning Commission. In addition, the areas behind the Champlain Farm building and along the southerly property line will not be disturbed and will remain in their natural state. Within the front yard area, 13% will be used for driveways and parking (maximum allowed is 30%). Traffic: This property is located in Traffic Overlay Zone 2. Based on I.T.E., Bob's Big Boy (fast food) presently generates 213 trips during the P.M. peak hour and the Red Lobster will generate 62 trips during the P.M. peak hour. Since the proposed trip generation exceeds the normal standard, Section 17.50 would apply. Improvments which will produce a net benefit for traffic flow include the reduction in size of the curb cut on Shelburne Road and a 71% reduction in the number of P.M. peak trips gener- ated. Under the original application, the project would generate 82 trips during the peak hour which represented a 61.5% reduction in the number of trips. Lighting: Parking lot lighting will be placed on 24 foot poles, 3 poles will be placed in each of the 3 planters in the main parking lot west of the building. Each of these poles will have two (2) 400 watt metal halide cut-off luminaires. Two (2) other poles will be installed, one along the access drive and one along the northerly boundary. These poles will have only one (1) light fixture. There will be 12 exterior mounted 100 watt high pres- sure sodium lights. 4) F.E.P. ASSOCIATES. SECOND FLOOR ADDITION. REVISED FINAL PLAT Since the Planning Commission approved the Revised Final Plat on October 16, 1990, it was discovered that the applicants no longer have available to them 18 parking spaces. To reduce parking demand, and therefore meet parking requirements, they will use the second story only for storage (no offices) and use the first floor for retail floor space (14,500 square feet) and storage. 93 Memorandum - Planning January 8, 1991 agenda items January 4, 1991 Page 4 Parking/circulation: This project now requires 97 spaces based on the utilization of 14,500 square feet for retail floor area and the plans show a total of 105 spaces. This is a reduction of 18 spaces from the October 16th approval. The 18 spaces removed were at the easterly end of the building. Circulation pattern will not be affected as a result of the elimination of the 18 spaces. O'Dell Parkway: It is required that the applicant define O'Dell Parkway with concrete curbing. Approval for these improvements must also be obtained from the other businesses in the area. Staff feels that it is important that these improvements be done before the retail store opens. We therefore suggest that no Certificate of Occupancy be issued until this work is done. Access: No change Landscaping: No change Traffic: No change Other: Bill Szymanski had earlier recommended that a new catch basin be installed on the north side of the building. The re- vised plan includes this recommendation. 5) LAKEWOOD COMMONS - FINAL PLAT The applicant has made several changes to their project in re- sponse to the concern that there is not enough parking, especial- ly around Jake's. The size of the hotel was reduced from 108 rooms to 103 rooms and the retail building was reduced by 1000 square feet to 17,000 square feet. The parking area west of the hotel was removed and relocated to the east (front) of the hotel. The hotel building was then moved 20 feet to the west to accommo- date the additional parking in the front. A more detailed de- scription of all the changes is contained in the enclosed letter from John Giebink. Access/circulation: The only change in access involves the widening of the curb cut on Shelburne road to accommodate turning movements of large trailer trucks. Overall traffic circulation through the development remains adequate. 4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 October 31, 1990 Mr. James Carrol Champlain Financial Group 42 Hercules Drive Colchester, Vermont 05446 Re: Ben Franklin, Shelburne Road Dear Mr. Carrol: ZONING ADMINISTRATOR 658-7958 The South Burlington Planning Commission approved your applica- tion for a 28,400 square foot building consisting of 6,000 square feet of office use and 22,400 square feet of variety retail use (14,500 square feet of retail floor area). The approved plan specifically identifies the 6,000 square feet of second floor offices and shows 123 total parking spaces. I understand you would now like to terminate the office use and convert the 6,000 square feet to retail storage for Ben Franklin. In addition, you would like to delete the 18 easternmost parking spaces from consideration of this application since apparently Ben Franklin does not have the legal right to use these spaces. These changes will require official approval by the Planning Commission. You should submit a new Final Plat application and a new plan which properly indicates that the 28,400 square foot building will be used solely for variety retail. The plan should also delete the 18 easternmost parking spaces or include a note that these spaces were not used in the parking space requirement calculations for Ben Franklin. In order to avoid future compli- cations and delays, I suggest you submit evidence that Ben Frank- lin has legal right to use the remaining 105 parking spaces shown on the plan. If you have any questions, please do not hesitate to contact me. Sincerely, Joe Weith, /i v� City Planner cc: Richard Ward PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, January 8, 1991 at 7:30 P.M. to consider the following: Revised final plat application of F.E.P. Associates, c/o Cham- plain Financial Group, for construction of a 4,800 square foot, second floor addition to an existing 24,000 square foot building, and use of the entire 28,800 gross square feet for variety retail use (24,500 square feet retail floor area). Access and -parking for the building exists on an adjoining property which includes a car wash facility. The property is located on Shelburne Road and is bounded by Champlain Oil Company, Albert Reyes, Farrell Corpo- ration, Thomas Farrell, Heathcote Associates and Shelburne Road. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission December 22, 1990 a Wholesale Beverage Distributors THE FARRELL DISTRIBUTING CORP. 5 HOLMES RD. • SO. BURLINGTON, VERMONT 05403 • TEL. 802-864.4422 October 18, 1990 Mr. Joseph Weith Town Planner City of South Burlington Dorset Street - Municipal Building South Burlington, VT 05403 RE: Agel Corman Building/Thomas Dear Mr. Weith: I understand that the purchasers of the above facility will have a final hearing with the South Burlington Planning Commission. Enclosed are the findings of the Superior Court Building. Please note the following in the attached findings: 1. pertinent language in the lease having to do with parking (pages 1 and 2), 2. reduction of parking spaces from 66 to 47 at front of building (page 3. rights granted to Thomas (Agel Corman), paragraph 2 (pages 3 thru 4). As the developer, I believe the Agel Corman Building has "in common" the rights to parking for: A. Furniture Retail Facility 1. retail and storage (18,000 sf), 2. second floor office (6,000 sf). Through this lease, we are not required to provide parking for the addition of 4,800 sf requested by the applicant. As this property continues to develop, our only responsibility is as listed above and I do not intend to provide any additional spaces for the above addition. Sincerely, Thomas Farrell "enlarge or diminish the rights of Grantees and other persons to make use of the parking area, and adopt and carry out such other practices as shall be beneficial for the purposes for which the easements are granted or reasonably necessary for the enjoyment of the privileges by the Grantees and others." If the developer may enlarge ov diminish the rights of Grantees, that means more than merely changing the size of parking spaces, or travelled lanes, or their arrangement. The right plaintiffs here claim is the right to share in 66 parking spaces; yet this is a right the developer may enlarge or diminish. This is the language under which plaintiffs took their parcel. It does not grant the developer unfettered discretion. But it does indicate that individual merchants within a shopping center recognize that circumstances may change over the life of the center, and that their common interest is to maximize customer traffic at the center. To effectuate these considerations, it is common for developers to reserve a substantial level of control over the future course of development. See, generally, Annotation: Construction and Operation of parking -Space Provision in Shop- ping -Center Lease, 56 A.L.R.3d 596 (1974). That control must be used for the common benefit of all owners, not merely the particular interests of the developer. But what has occurred here is not just for his benefit. If the interjection with Home Avenue was improved by the realignment, if it became easier for customers to enter, circu- late within, and leave the shopping tether, then it became a more attractive commercial setting. That is a common benefit for all 4 ~r merchants there located, including plaintiffs. We find such a purpose wholly consonant with leaving a substantial measure of future control in the hands of the developer, something clearly within the deed language here. Where the instrument granting the merchant rights from the developer reserves to the latter the right to change the arrangement of the common areas, the kind of change which here occurred is permitted. See, Madigan Brothers, Inc. v. Melrose Sho in Center Co., 123 Ill.App.3d 851, 79 IlI.Dec. 270, 463 N.E.Zd 824, 828 (1934). Defendant's motion for partial summary judgment is GRANTED. Dated at on Burlin t` �y 8 _ Vermont, 198�. S Traffic Impact Study for Ben Franklin Store March, 1990 Introduction The FEP Partners and Associates plans to open a Ben Franklin variety store at 518 Shelburne Road. This site has been previously occupied by the Agel Corman furniture store. This site represents 15,000 square feet of retail space. The building is set back from Shelburne Road, with access / through a parking area. The parking area has access to Shelburne Road through a signalized intersection. The parking areas also has access to adjacent parking facilities for the Factory Outlet mall on the adjacent lot. Traffic Impact Analysis The impact of the additional traffic that will be generated by a Ben Franklin store is assessed in the following sections. Safety and Level of Service considerations will be covered, and recommendations made for safe and efficient use. Background Conditions Below is the estimated traffic congestion volume for the South Burlington Factory Outlet mall, with a total of 136,000 square feet of retail space. Traffic congestion volumes were calculated, using municipal Automatic Traffic Recorder Counts, from reports by Fitzpatrick and Llewellyn as studied for a proposed expansion of the South Burlington Factory Outlets in 1986, as follows: 1) Station D270, Shelburne Road (north of Home Avenue) (1984) 2) Station D258, Shelburne Road (south of Queen City Park Avenue) (1984) 3) Turning Movement Count, Shelburne Road, Flynn and Procter Avenues (1986) 4) TMC, Shelburne Road, Home Avenue and O'Dell Parkway (1984) 5) TMC, Shelburne Road, South Burlington Factory Outlet Centers and Shelburne Road Plaza (1986) . 4 (1&4"ruts Volume estimates are: -'�> Enter Exit Total Average weekday 5664 vte/day vehicle trip ends AM Peak Hours 156 vte/hr PM Peak Hours 496 vte/hr 5671 vte/day 11,335 vte/day 136 vte/hr 524 vte/hr 292 vte/hr 1,020 vte/hr 69% of mall traffic uses primary entrance; 31% uses O'Dell Parkway. Accident rate does not exceed critical accident rate. Volume estimates for actual mall entrance are: Enter Exit Total Average weekday 3908 vte/day 3913 vte/day 7,821 vte/day vehicle trip ends AM Peak Hours 108 vte/hr 94 vte/hr 202 vte/hr PM Peak Hours 342 vte/hr 362 vte/hr 704 vte/hr Volume estimates for O'Dell Parkway are: Enter Exit Total Average weekday 1756 vte/day 1758 vte/day 3,514 vte/day vehicle trip ends AM Peak Hours 48 vte/hr 42 vte/hr 90 vte/hr PM Peak Hours 154 vte/hr 162 vte/hr 316 vte/hr ** Completion of the Southern Connector into Burlington from I-189 will decrease traffic flow by an estimated 35-40%. This will result in a Level of Service rating of "C" (described as "moderate delays") or better, at all times. Trip Generation After determining background traffic conditions, the additional trips generated by the Ben Franklin store are determined. Data for this determination are sales figures from existing, comparable Ben Franklin locations, factored for the typical multi -person "sale" event and also for the fact that typically Ben Franklin shoppers are executing several "stops" (of which Ben Franklin's is one) at one location. In other words, the typical Ben Franklin sale represents one car parked in one location, generating one trip end, for several stores at that location: Ben Franklin shoppers are shoppers that are already on the site for ,errands at the Bank, supermarket, outlet center, car wash, etc. We conservatively estimate this factor to be 60% of Ben Franklin sales, --dsing the Institute of Traffic Engineers' Trip Generation manual (sections 820 and 890, fourth edition, 1987), this number was then adjusted to reflect average daily trips from 15,000 square feet of retail space. Traffic flow was predicted as follows: Estimated Daily Average Trip Ends: 1242� Estimated Incremental Increase: 496.8 Estimated trip ends during the following hours, Monday through Friday: hours trip ends incremental increase AM 8 - 9 49 19.6 9 - 10 76 30.4 10 - 11 119 47.6 11 - 12 119 47.6 PM 12 - 1 119 47.6 1 - 2 119 47.6 2 - 3 119 47.6 3 - 4 119 47.6 4 - 5 95 38 5 - 6 76 30.4 6 - 7 76 30.4 7 - 8 76 30.4 8 - 9 76 30.4 Peak hours are 10 AM to 4 PM; peak days of operation are Saturday and Sunday. Marginal traffic generation from the Ben Franklin store would, therefore, increase volume by 4.38% less the traffic volume now generated by the furniture store currently occupying this site. Therefore, a conservative estimate is that the Ben Franklin store will generate an incremental increase in traffic volume of not more than 2.5%, on average. Conclusion The many reports studying traffic congestion at this site, and methodical physical observation, show that this site is not at near traffic capacity. The incremental increase in traffic congestion volume generated by the addition of a Ben Franklin store, replacing the Agel Corman furniture store that currently is on site, -_Would be a mere 2.5% of the total traffic now gener'at,ed-...JSuch a small incremental increase is easily absorbed #7---the current, signal regulated, traffic flow, P_AIZ/ or Proposed flow improvements, signage, and property management would actually improve the overall situation at this site. For example, the traffic may be more readily drawn up to the market square, thus diverting it to the back of the mall which is currently underutilized and away from the overly congested front lots. APPENDIX A *SHELBURNE ROAD/HOME AVENUE/O'DELL PARKWAY 1990 INTERSECTION CAPACITY ANALYSES WITH PROJECT FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services »r � HCM(1985) SIGNALIZED INTERS/K&rION CAFACITYANALYSlS ^°*"-*****���+*��"******+*****�����* iNTERSECTIONtSHELBURNE RD. l HOME AVE./J`Or1L PKWY. AREA TYPE: UON-CBD iF||ERSE[110} LOCA[lU|v:8URLlKGTUN Y[. DATE AND TIME PERIOD ANALYX0:!990 P.M. CHV W/ 19.5k PROJECT ADDITIONAL INFORMATIOA:Y00T PHkSlNG & TlMlH� ONALYST:R. DICKlNSON T0DAY'S DATE:10-29-87 ------------------------------------------------------------------------------- -*+ INPUT Ii{FORvA[lON *** _____________________________________________________________________________ NORTHGOUND 6OUTHBbUND EASTBOUND WESTBOUND LEFT TURNIUG VOLU|1E 200 130 10 35 THROUGH VOLUME l295 11£0 90 35 wom TURNIHG YJLU;[� D 1450 125 PEDESTRIANS ` 20 20 20 20 ORRIVAL TYPE 3 3 3 3 FEAK HOUR FACTOR 0.95 0.95 0'96 0.90 PERCENT HEAVY VEHlCLE3 0.04 i::..04 0.02 0.0l NUMBER OF BUSES 2 2 0 0 GRADE 0.00 6.00 �-00 ,rHRDUG\! LANE UTILIZATION FACTOR 1.05 1.05 1.00 1.00 CASE SAYURATIOH FLOW 1800 1000 1B0O 1800 NUMBER OF LAMES ' 3 3 2 2 PARKIN07 PARKING MANUEVERS PER HbUR SIGNAL TTPE: SEMI-ACTUA)ED [.YCLE LE|1GTH: 80 [IbKTHBO]ND: LANE GROUP 1 LANE (013LKP 2 L�|�E GROUP 2 LANE GROUP CONFIGURATlG|| 3 13 0 NUHi/ER OF LANE5 l � 0 LAHE WIDTH 10 !') 0 GREEH TIME 51-0 51.() o.0 OREEN, PROTE[lED PHASE 14^0 0'0 0'0 O+C, PER\USSIVE PHASE' 51.0 — --�0.0 - o,�) SOUTHi.-!DUND: Lf.:!NE 1 LANE 6ROUP 2 L,QE GPOUP � LANE GROUP CONFIGURATION 3 13 � HU>|DER Gil'! LANE-.--- 1 2 � L(-'4hE H[J)TH 10 iO O GREEN TI|UE 43.0 41. 0.0 6REEN, PPOTECTED PHASE 5.V 0.0 �).0 O'HC, FE01ISCIV[ PHASE 41.C.) 0.0 ;'� EAS7BUUH0 LAME GROi/[ 1 LONE GROUP 2 /'AUE GPDUP � LANE GROUP CONFlOURATlOM i) 0 LAME WIDTH 12 l2 () 1=704 Tl|fE (! WESTBOUND: LANE GROUP LANE GRGUF F LONE GROUP � LANE CROUP COHFTRURATlON HUkBEk OF LAUE� 1 1 A LA/!E H101-4 GREEU TI|1E 16.0 16.; 0.� ,' . . . � K ' ' HCM( 1T85) SIGHALIZED [HT[RS[UION CAPACITY ANALYSIS *+n++°*A a ww+~ I+**a*,***N I *****p********�*x**� }N[LREECTIONWH[LOURNE Rb. & HOME AVE./{}"DELL F|(WY. AREA TYPE: l!<|ERSECTION LUCATIUN:8URLI!fGTOH VT. DATE AND TIME PERIOD ANALYZED: 1990 P.H. DHV W/ 19.5K PROJE}C"[ AwblTIONAL INFORNATl01:VAOl PHASING & Tl||JW-; AN"LYST:R. bICKINSON ------------------------------------------------------------------------_------- TODAY'l DATE: 10-29-3'7 k|E INTERSECTION AVERAGE STOPPED DELAY W: 13' ! THE INTERSECTION LEVEL OF SERVlCE IS! {� S7OPFED DELAY (SEC/VEW ADJUSTED LAN[ GROLR APPKnAC|| ___________________________________________________________________ DELAY LOS DELAY LOi]'; PROT. 1 113.97 ,`.2'7 8 96.55 WON |rfADUOD 0 1464.47 7.9u B 7.77 � 3 O.�} 00 0.0; _________-------- ------- --- PROT. i ___--- _____ 97.54 ------- ______ 1 .(«] --- __------- ------- --- _____ 2b.90 D 39.30 ()'44 Su�{[QBOUHD � 12+8.95 0.7+ ]2.90 � 3 _____________________________________ ________________________________________ 1 � . 10.11 0'31 20.E0 C E.,s!euU|4D WLs|8U/M;� ' ----------------------------------------------------------- ------ 1 ' 77'78 0.56 25.43 D 2 13O.S9 o.46 22.25 C 23'4V C APPENDIX B SHELBURNE ROAD/SEARS/FACTORY OUTLET 1990 INTERSECTION CAPACITY ANALYSES WITH PROJECT FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services HCM(1995) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ��*�-*�-���-�-►E�-���-�-�c-��-�c-*-x-�-ac-�c--►f�-��ac--�*�-��-� ��-�►�-��-�c-�-x-�-� ���*��-��-�-�--x-���-*�-ic-�-� ��-��c-��c-��-�-� �� INTERSECTION:SHELBURNE RD. & SEARS/FACTORY OUTLET AREA TYPE: NON —COD INTERSECTION LOCATION:SOUTH BURLINGTON V'T. DATE AND TIME PERIOD ANALYZED:1990 P.M. DHV W/ 19.5K PROJECT ADDITIONAL INFORMATION:JHK PHASING ANALYST:R.DICKINSON TODAY'S DATE:10-29-07 *** INPUT INFORMATION *** ----------------------------------------------- AInr3TLlnnl Min Cnl 1-r"nnI Min r-AtTnnt lhin IJCCTnnf inin LEFT TURNING VOLUME THROUGH VOLUME RIGHT TURNING VOLUME PEDESTRIANS ARRIVAL TYPE PEAK HOUR FACTOR PERCENT HEAVY VEHICLES NUMBER OF BUSES GRADE THROUGH LANE UTILIZATION FACTOR BASE SATURATION FLOW NUMBER OF LANES PARKING? PARKING MANUEVERS PER HOUR SIGNAL TYPE: CYCLE LENGTH: 144 10 245 230 1450 1200 45 25 200 175 310 50 20 20 20 20 It 4 3 3 0.95 0.95 0.90 0.90 0.04 0.04 0.01 0.01 2 2 0 0 0.00 0.00 0.00 0.00 1.05 1.05 1.05 1.05 1000 1000 1000 1000 4 4 3 3 N N N N 0 0 0 0 E—MI—ACTUATED BO NORTHBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 1 NUMBER OF LANES 1 LANE WIDTH 11 GREEN TIME �14.0 SOUTHBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 1 NUMBER OF LANES 1 LANE WIDTH 11 GREEN TIME 9.0 LANE GROUP 2 17 2 11 39.0 LANE GROUP 2 17 2 11 34.0 LANE GROUP 3 10 1 12 39.0 LANE GROUP 3 10 1 12 34.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 4 10 0 NUMBER OF LANES 2 1 0 LANE WIDTH 10 12 0 GREEN TIME 11.0 23.0 0.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 4 10 0 NUMBER OF LANES 2 1 0 LANE WIDTH 10 10 0 GREEN TIME 9.0 21.0 0.0 HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS INTERSECTION:SHELBURNE RD. & SEARS/FACTORY OUTLET AREA TYPE: NON-CBD INTERSECTION LOCATION:SOUTH BURLINGTON VT. DATE AND TIME PERIOD ANALY2ED:1990 P.M. DHV W/ 19.5K PROJECT ADDITIONAL INFORMATION:JHK PHASING ANALYST:R.DICKINSON TODAY'S DATE:10-29-87 ------------------------------------------------------------------------------ THE INTERSECTION AVERAGE STOPPED DELAY IS: 23.2 THE INTERSECTION LEVEL OF SERVICE IS: C ------------------------------------------------------------------------------ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME V/C DELAY LOS DELAY LOS ------------------------------------------------------------------------------ 1 151.58 0.54 24.45 C NORTHBOUND 2 1602.63 0.97 24.24 C 21.74 C ------------------------------------------------------------------------------ 3 309.47 0.43 7.48 B 1 10.53 6.06 24.10 C SOUTHBOUND 2 1326.32 0.92 21.44 C 19.81 C ------------------------------------------------------------------------------ 3 193.42 0.31 8.40 B 1 338.33 0.76 30.59 I D EASTBOUND 2 361.67 0.84 29.53 P D 30.05 D ------------------------ 3 0.00 0.00 0.00 1 7----------------------------------------------------- 297.50 0.82 36.19 D WESTBOUND 2 59.33 0.16 17.27 C 33.09 D 3 0.00 0.00 0.00 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont 0 05495 • (802) 878-3000 June 27, 1989 Mr. Daniel Wilkins Transportation Engineer Asst. Chittenden County Regional Planning Commission P.O. Box 58 Essex Junction, Vermont 05452 RE: U.S. Route 7/Sears/Factory Outlet South Burlington FILE: 88173 Dear Mr. Wilkins: As requested, we have made two modifications in the capacity analyses of the above -referenced intersection. The first is to utilize the correct widths for the east and westbound approaches. The second is to use overlapping phasing for the northbound and southbound left - turns as opposed to the simultaneous phasing which presently exists. Enclosed is a copy of the results of the revised intersection capacity analysis. Comparing those results with Analysis C of our April 13th letter to the VAOT results in the following: I 1. The impact of the first revision is to reduce projected vehicular delays on the east/west left -turns by approximately one second in each direction. P 2. The second revision significantly reduces the projected vehicular delays encountered by the northbound left -turn movement without adversely impacting other north/south movements. As we discussed, this revision had been recommended by JHK in the 1987 TSM Study, but had not been incorporated into the VAOT design plans of.the.recent traffic signal replacement at this intersection. Also enclosed are the requested copies of the VAOT design plans for the signal timing and progression throughout the Shelburne Road corridor. Design • Inspection 0 Studies • Permitting . • Surveying Mr. Daniel Wilkins FILE: 88173 June 27, 1989 Page Two As you can see, the progression patterns through each signalized intersection have been optimized to provide maximum service to the north/south traffic flow. To change the signal timing and phasing at the Sears/Factory Outlet intersection would also require evaluating the impact of such changes on the progression patterns. It is our understanding that the signal equipment now in place at this intersection could be easily reprogrammed, if desired to incorporate the overlapping north/south left -turn phasing. Since the improved traffic flow which would result from such a change does not affect traffic entering or exiting the Factory Outlet, it is our opinion that they should not be required to implement that revised phasing. That responsibility should instead rest with the Vermont Agency of Transportation and the City of Burlington, who jointly operate the signal equipment at this intersection. Should you have any questions, or if we may be of additional assistance, please feel free to contact us. Sincerely, FITZPATRICK-LLEWELLYN Rogo J. Dickinson, P.E. cc w/ enclosures Philip Mehler Joe Weith Lynne Alden Don Morley FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services 1985 HCM: SIGNALIZED INTERSECTIONS SUMMARY REPORT ' ' ************************************************************************** INTERSECTION..SEARS/FACTORY OUTLET/SHELBURNE ROAD AREA TYPE ..... OTHER ANALYST ....... R. DICKINSON DATE .......... 6-26-89 TIME .......... PM PEAK HOUR / COMMENT ....... __________________________________________________________________________ W/ 19.5 K PROJECT & VAOT PHASING\NO E-W RIGHT TURNS VOLUMES : GEOMETRY EB WB NB SD : EB WB NB SB LT 245 230 144 10 : L 12.0 L 11.0 L 11.0 L 11.0 TH 45 25 1450 1200 : T 12.0 T 11.0 T 11.0 T 11.0 RT 0 0 280 175 : 12.0 12.0 T 11.0 T 11.0 RR 0 0 0 0 : 12.0 12.0 R 11.0 R 11.0 : 12.0 12.0 12.0 12.0 __________________________________________________________________________ : 12.0 12.0 12.0 12.0 ADJUSTMENT FACTORS . GRADE HV ADJ PKG BUSES PHF PEDS PED. BUT. ARR. TYPE (%) (%) Y/N Nm Nb Y/N min T EB 0.00 1.00 N 0 0 0.90 20 Y 24.6 3 WB 0.00 1.00 N 0 0 0.90 20 Y 24.6 3 NB 0.00 4.00 N 0 2 0.95 20 Y 14.1 4 SB 0.00 4.00 N 0 2 0.95 20 Y 14.1 4 SIGNAL SETTINGS CYCLE LENGTH = 80.0 PH-1 PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 EB LT X NB LT X TH X ' TH X X RT RT X X PD X PD X WB LT X SB LT | X TH X TH X X RT RT X X PD X PD Xy GREEN 20.0 0.0 0.0 0.0 GREEN 10'0 25.0 8.0 0.0 YELLOW 4.0 __________________________________________________________________________ 0.0 0.0 0.0 YELLOW 4,0 5,0 4.0 0.0 LEVEL OF SERVICE LANE GRP. V/C G/C DELAY LOS APP. DELAY APP. LOS EB L 0.630 0.262 21.9 C 21.1 C T 0.106 0.262 17.0 C WB L 0.637 0'262 22.2 C 21'7 C T 0.061 0.262 16.8 C NB L 0.678 0.138 30,4 D 16.1 C T 0.914 0.512 17.3 C R 0.278 0.738 1.9 A S8 L 0.058 0.112 24.1 C 11.1 B T 0.795 0.488 12.3 B R ----------------------- 0.180 0.712 2.1 A INTERSECTION: ___________________________________________________ Delay = 15.1 (sec/veh) V/C = 0.730 LOS = C FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 13 April 1989 Mr. Don Allen Vermont Agency of Transportation Utilities Division 133 State Street Montpelier, Vermont 05602 RE: Factory Outlet/Sears/Route 7 Intersection FILE: BB173 Dear Mr. Allen: Our firm is currently acting as a Consultant for the Factory Outlet Shopping Center expansion project in South Burlington, Vermont. The shopping center is 1-ocated across Route 7 from the Sears Shopping Center, immediately north of the I189/Route 7 interchange. At this time, our attention is focused on the signalized intersection lying between the two shopping centers on Route 7. Because this signal is operated by the State, we wish to seek your concurrence with our analysis of geometrics and timings. Enclosed are three analyses of the above -mentioned intersection. In brief, the analyses can be described as follows: Analysis A reflects Vermont Agency of Transportation phasing as presently in effect. Analysis B represents the phasing scheme presented by JHK and Associates in a report entitled "Traffic Systems Management Study Final Report", dated July, 1907. Analysis C is the same as Analysis A, except for the east/west bound right -turning lanes having been omitted from signalized control. Figure 1 has been included to help identify each analysis. It is our opinion that Analysis C is the best representation of traffic operations at this intersection. The right -turning lanes have been omitted from the east/west approaches because of their separation from the rest of the intersection by an island which results in those lanes not being signal controlled. Design • Inspection • Studies • Permitting • Surveying Mr. Don Allen FILE: 88173 13 April 1989 Page Two We request your review of the foregoing, and, if possible, your concurrence with our opinion of Analysis C. Please feel free to contact us should you have any questions or require additional information. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED Kevin R. Flanders KRF/mam FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services A�Rf �A CTvOQ y 8 8/ 73 RTe.7 [ ) rE S�A1�S /='SASE 4------ I I L 5 E _ 1985 HCM: SIGNALIZED INTERSECTIONS SUMMARY REPORT ************************************************************************** INTERSECTION..SEARS/FACTORY OUTLET/SHELBURNE ROAD AREA TYPE ..... OTHER ANALYST ....... KRF ' DATE .......... 3-29-89 TIME .......... PM PEAK HOUR COMMENT ....... __________________________________________________________________________ WITH 19.5K PROJECT & VAOT PHASING VOLUMES : GEOMETRY EB WB NB SB : EB WB NB SB LT 245 230 144 10 : L 10.0 L 10.0 L 11.0 L 11.0 TH 45 25 1450 1200 : T 10.0 T 10.0 T 11.0 T 11.0 RT 310 50 280 175 : R 10.0 R 10.0 T 11.0 T 11.0 RR 0 0 0 0 : 12.0 12.0 R 11.0 R 11.0 : 12.0 12.0 12.0 12.0 __________________________________________________________________________ : 12.0 12.0 12.0 12.0 ADJUSTMENT FACTORS GRADE HV ADJ PKG BUSES PHF PEDS PED. BUT. ARR. TYPE (%) (%) Y/N Nm NE) Y/N min T EB 0.00 1.00 N 0 0 0.90 20 N 29.8 3 WB 0.00 1.00 N 0 0 0.90 20 N 29.8 3 NB 0.00 4.00 N 0 2' 0.95 20 N 22.8 4 SB 0.00 __________________________________________________________________________ 4'00 N 0 2 0.95 20 N 22.8 4 . SIGNAL SETTINGS CYCLE LENGTH = 80.0 PH-1 PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 EB LT X NB LT X TH X TH X RT X RT X PD X PD X WB LT X SB LT X TH X TH X RT X RT X PD X PD X GREEN 20.0 0.0 0.0 0.0 GREEN 8.0 39.0 0.0 0.0 YELLOW 4.0 __________________________________________________________________________ 0.0 0.0 0.0 YELLOW 4.0 5.0 0.0 0.0 LEVEL OF SERVICE LANE GRP. V/C G/C DELAY LOS APP. DELAY APP. LOS EB L 0'757 0.262 26.7 D 21.4 C T 0.114 0.262 17.1 C R 0.654 0.375 17.8 C WB L 1.894 0.262 * * * * T 0.064 0.262 16.8 C R 0.105 0.375 12.4 B NB L 0.829 0.112 44.0 E 17.0 C T 0.914 0.512 17.3 C R 0.266 0.775 1.4 A SB L 0.058 0.112 24.1 C 9.7 B T 0.756 0.512 10.8 B R 0.166 0.775 1.3 A __________________________________________________________________________ INTERSECTION: Delay = * (sec/veh) V/C = 1.193 LOS = * � x � � (TO 1985 HCM: SIGNALIZED INTERSECTIONS SUMMARY REPORT ************************************************************************** INTERSECTION..SEARS/FACTORY OUTLET/SHELBURNE ROAD AREA TYPE ..... OTHER ANALYST ....... KRF DATE .......... 3-29-89 TIME .......... PM PEAK HOUR COMMENT ....... WITH 19.5K PROJECT AND JHK PHASING __________________________________________________________________________ VOLUMES : GEOMETRY EB WB NB SB : EB WE, NB SB LT 245 230 144 10 : L 10.0 L 10.0 L 11.0 L 11.0 TH 45 25 1450 1200 : LT 10'0 LT 10.0 T 11.0 T 11.0 RT 310 50 280 175 : R 10.0 R 10.0 T 11.0 T 11.0 RR 0 0 0 0 : 12.0 12.0 R 11.0 R 11.0 : 12.0 12.0 12.0 12.0 : 12.0 12.0 12.0 12.0 -------------------------------------------------------------------------- ADJUSTMENT FACTORS GRADE HV ADJ PKG BUSES PHF PEDS PED. BUT. ARR. TYPE (%) (%) Y/N Nm Nb Y/N min T EB 0.00 1.00 N 0 0 0.90 20 N 29.8 3 WB 0.00 1.00 N 0 0 0.90 20 N 29.8 3 N8 0.00 4.00 N 0 2 0.95 20 N 22.8 4 SB 0.00 4.00 N 0 2 0.95 20 N 22.8 4 -------------------------------------- 2 -------------------------------------- SIGNAL SETTINGS CYCLE LENGTH = 80.0 PH-1 PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 EB LT .X `NB LT X TH X TH X X RT X RT X X PD X PT) X WB LT X SB LT X TH X TH X X RT X RT X X PD X PI) X GREEN 10.0 9.0 0.0 0.0 GREEN 14.0 20.0 8.0 0.0 YELLOW 4.0 4.0 0.0 0.0 YELLOW 3.0 5.0 3.0 0.0 __________________________________________________________________________ LEVEL OF SERVICE LANE GRP. V/C G/C DELAY LOS APP. DELAY APP. LOS EB L 0.751 0.138 34.3 D 29.1 D LT 0.718 0.138 32.2 D R 0.782 0.313 25.1 D WB L 0.775 0.125 37.4 D 31.6 D LT 0.649 0.125 30.2 D R 0.176 0.225 19.0 C NB L 0.533 . 0.175 24.3 C 20.3 C T 0.961 0.488 22.8 C R 0.357 0.575 5.1 B SB L 0.065 0.100 24.8 C 21.4 C T 0.940 0.412 23.5 C R 0.251 0.512 6.0 B __________________________________________________________________________ INTERSECTION: Delay = 22.8 (sec/veh) V/C = 0.967 LOS = C 1985 HCM : SIGNALIZED INTERSECTIONS SUMMARY REPORT INTERSECTION.. SEARS /FACTORY OI.ITLET/SHEL.Bl..1F:NE I DAD AREA TYPE ..... OTHER ANALYST ....... KRF DATE .......... ._-29-89 TIME.......... PM PEAK HOUR COMMENT ....... -------------------------------------------------------------------------- WITH 19.5 PROJECT & VAOT 1= HAS I NG \ NO E-W RIGHT TURNS VOLUMES . GEOMETRY ED WD ND SD : L.I.! WD ND SL:! LT 245 230 144 10 : L 10.0 I_. 10.0 I.-. 11.0 L_ 1 1 . TH 45 25 1450 1200 : T 10.0 T 10.0 T 11.0 T 11. !:► RT 0 o 280 175 : 10. 10.0 T 11.0 -I_ 1 1. 0 RR ! i i s 0 1. 2. 0 12.0 R 11.0 R 11. 0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12 .( ) ADJUSTMENT FACTORS GRADE HV ADJ PKG LOUSES PHF PEDS PED. BUT. ARR. TYPE' (;:) ('/.) Y/nl Nmi RIL:, Y/N min T ED 0.00 1..00 N 0 0 0.90 20 N 24.6 ._ WB 0.00 1.00 N !_, 0 0.90 20 N 24.6 NB 0.00 0 4.00 N 0 2 0.95 20 N 12.8 4 S8 � �. 0o 4.00 N 0 2 0.95 20 N 12.8 4- ---------------------------------------------------------------------------- SIGNAL_ SETT I N(_,S CYCLE LENGTH - 80. C! PH--1 PH-2 PH-3 PH -A- PH-1 PH-2 PH-3 PH-4 ED LT X NB LT x TH X I F-I X R T R'T' X PI) X PI) X WB LT X SI, LT X TH X TH X RT RT• X PI) X PI., v GREEN 20.0 0.0 0.0 0.0 GREEN B. 0 39.0 0.0 0. P YELLOW 4.0 0.0 i 0.0 0.0 YELLOW 4.0 3.0 i 0.0 i 0,(_) I....EVC:.-.:L... OF SERVICE.'-' LANE GRP. V/C G/C DELAY LOS APP. DELAY APP. LOS EI-1 I_ o.677 0.262 23.2 C: 22.._ T 0.114 0.262 17.1 C: T" (:). i )b4 0.262 16.8 C NB I_.. 0.829 0.112 44.0 E 1 7. () C T 0.914 0.512 17.3 C: R 0.266 0.775 1.4 A SB L- 0.058 0.112 24.1 C 9.7 13 T 0.756 0.512 10.8 D R 0.166 0.775 1.3 A ---------------------------------------------------------------------------- INTERSECT ION: Delve = 15.1 ( sec /veh) V.lc == 0.033 3 LOS - C RESOURCE SYSTEMS GROUP Norwich, Vermont Traffic Impact Review of the Ben Franklin Store South Burlington, Vermont Prepared for. FEP Partners and Associates May, 1990 1 RESOURCE SYSTEMS GROUP INTRODUCTION The FEP Partners and Associates plan to open a Ben Franklin Department store on Shelburne Road (Route 7), just north of the Factory Outlet Mall in South Burlington. The existing building was previously occupied by the Agel Corman Furniture Store. The site is served by the signalized intersection of Home Avenue and O'Dell Parkway with Shelburne Road to the north and the Factory Outlet Mall entrance to the south. Both of these intersections will be impacted by the additional traffic generated by this change in land use. The proposed plans call for using the existing store's 15,000 square feet of retail space for the new Ben Franklin store, and making accompanying improvements to the internal circulation through the parking lot to O'Dell Parkway. TRAFFIC IMPACT ANALYSIS The impact of the additional traffic that will be generated from this project is assessed in the following sections. Safety and level -of -service considerations are reviewed, and conclusions are made as to the impact that this project will have on the operation of the Shelburne Road/O'Dell Parkway and Shelburne Road/Factory Outlet Mall intersections. BACKGROUND CONDITIONS The traffic volumes at the two intersections most affected by this project, O'Dell Parkway/Home Avenue/Shelburne Road and Factory Outlet Mall/Sears/Shelburne Road, were counted on May 18,1990 from 3:45 to 6:00 PM. The volumes are shown below in Figure 1. These counts were then adjusted to reflect the design hour conditions, which are generally used to evaluate peak traffic conditions at signalized intersections. The counted volumes were scaled to reflect design hour volumes using traffic data from a permanent continuous counter maintained by the Vermont Agency of Transportation, Station D2 on Shelburne Road in Shelburne. It was concluded that Station D2 is the most representative continuous counter station, as is reflects traffic trends on a fairly congested arterial rather that on an interstate -type highway. At the time of the count, the Agel Corman Furniture Store was closed. Therefore, the traffic that would expected to be generated by a furniture store was added to the base volumes, as calculated in the Institute of Traffic Engineers (ITE) Trip Generationl. 17rip Generation, Institute of Traffic Engineers, Section 820, 4th edition, 1987. RESOURCE SYSTEMS GROUP BEN FRANKLIN TRAFFIC Ih._ �CT STUDY, May, 1990 Page 2 FIGURE 1: PEAK HOUR TRAFFIC VOLUMES Sears/Service Merchandise Home Avenue C0 04 1 156 � N 30 1357 I I L Shelburne Road I I (— 16 JI 9124 91 1 1 I3 1400� 11 F208 134—� nN 6 a rn247—� n N-1• Factory Outlet Mall Ben Franklin TRIP GENERATION After determining the background traffic conditions, the additional trips generated by the development were estimated. The rrE Trip Generation Manual does not provide trip generation rates for a variety store such as a Ben Franklin, so the trip generation rate was calculated based on sales records at another nearby Ben Franklin store. Records of the number of sales per day for week-long periods during four different times of year were collected at the 10,794 square feet Ben Franklin store on North Avenue in Burlington. Each sale was counted as one entering and one exiting trip, so that a daily trip generation rate per thousand square feet could be calculated. This trip rate was then used to estimate the peak hour trip rate from a 15,000 square feet store. ITE equations derived from shopping centers were then used to convert the number of total daily trips to the number of peak hour trips. It was estimated that a 15,000 square foot Ben Franklin will generate 156 peak hour trips, with 51% entering and 49% exiting. For comparison, the trips generated from other types of stores the same size are shown in Figure 2, which were calculated using the standard rates from the ITE Trip Generation Manuall. It should be noted that this method of determining the number of new trips generated by Ben Franklin is conservative, as many Ben Franklin shoppers will be drawn from shoppers currently using the Factory Outlet Mall, and not result in net new trips to the site. Also, a 20% pass -by fraction was used, which accounts for the traffic that would already be traveling through the intersection, and is simply diverted into the shopping center. For a shopping 1Trip Generation, Institute of Traffic Engineers, Section 890, 4th edition, 1987. i BEN FRANKLIN TRAFFIC IM, ACT STUDY, May, 1990 Page 3 center of the size of the Ben Franklin store and the Factory Outlet Mall combined, pass -by of anywhere between 20% and 70% has been observed, so the conservative figure of 20% was used. In order to put more persepective on the net impact on Shelburne Road, there will be a net increase of 49 trips to the south of the site, and 51 trips to the north in both directions, after the pass -by trips, and trips from the existing store are subtracted. An additional 24 trips will be generated to the west of the site, on both Home Avenue and the Sears Shopping Center, to make a total of 124 new trips to the area. This is a small volume compared to the high volumes currently on Shelburne Road. FIGURE 2: COMPARISON OF TRIP GENERATION OF RETAIL USES (FOR A 15,000 SQUARE FOOT RETAIL ESTABLISHMENT) Shopping Center Ben Franklin w Supermarket ..a Hardware/Paint Apparel Store Lumber Store 0 50 100 150 PEAK HOUR TRIPS TRIP DISTRIBUTION 200 250 Several assumptions were made to approximate the distribution of the trips generated by the Ben Franklin store. First of all, it was assumed that 30% of the trips will use the Factory Outlet Mall exit, and 70% would use the O'Dell Parkway exit. At each of these locations, the trips were distributed in proportion to the existing traffic. For example, if 25% of traffic currently exiting O'Dell Parkway turns Ieft, then 25% of the new traffic was also assumed to be turning left. Figure 3 shows the results of this trip distribution. RESOURCE SYSTEMS GROUP y BEN FRANKLY` TRAFFIC Ilvii-ACT STUDY, May, 1990 Page 4 RESOURCE SYSTEMS GROUP FIGURE 3: TOTAL TRAFFIC GENERATED BY BEN FRANKLIN Sears/Service Merchandise Home Avenue Ln cn L I L 1 1 I L 36 Shelburne Road I F I I F N 2—� � � N N N—Np- Factory Outlet Mall Ben Franklin LEVEL OF SERVICE ANALYSIS Level of Service is the measure of delay experienced by vehicles at an intersection. The levels range from "A", or excellent service with no delays, to "F", which occurs when the road capacity is exceeded resulting in unacceptable delays. A level of service "C" is generally considered acceptable, while "D" is sometimes considered adequate for congested locations during design hour conditions. The 4:30 to 530 PM peak hour of traffic is the worst -case traffic scenario because of relatively high traffic volumes exiting the store, which occur during high conflicting traffic volumes on Shelburne Road. During the AM peak hour, the level -of -service at these intersections may be as low or. lower than during the PM peak, but the proposed Ben Franklin will generate very little traffic during this hour. Therefore, the PM peak hour was selected for detailed level of service analysis. Level of service was analyzed at the two study intersections for three scenarios: 1990 with existing land use (furniture store), 1995 with existing land use, and 1995 with the proposed change (Ben Franklin Store). For all scenarios, a level of service "C" was observed. The results are summarized below in Table 1. TABLE 1: LEVEL -OF -SERVICE RESULTS Intersection 1990 Existing 1995 Existing 1995 Ben Franklin ' Factory Outlet Mall C C C Home/O'Dell C C C RESOURCE SYSTEMS GROUP BEN FRANKLIN TRAFFIC Ih._ ACT STUDY, May, 1990 Page 5 It is concluded that the level of service will be acceptable in the year 1995 with the proposed Ben Franklin Store. The future level -of -service at this intersection is likely to improve when the southern connector is completed, as traffic on this section of Shelburne Road will be reduced by as much as 30%. This will allow for continued growth in this area while maintaining acceptable level -of -service. TRAFFIC SAFETY The accident records maintained by the Vermont Agency of Transportation were reviewedl, and indicate that the accident rate in this section of Shelburne Road does not exceed the critical accident rate, and is therefore not considered a high accident location. The section of road immediately south of the Factory Outlet entrance, extending from the signal at the I-189 exit ramp south for 0.3 mile, is considered a high accident location based on records from 1984 through 1988. However, the recent reconstruction of this interchange addressed many of the safety deficiencies in this section of road, and future records should show a decline in the accident rate. CONCLUSIONS Two intersections, Home Avenue/O'Dell Parkway/Shelburne Road and Sears/Factory Outlet Mall/Shelburne Road, were counted and analyzed for level of service. The results indicate that acceptable level of service was observed with both the existing and proposed land use for the years 1990 and 1995. VAOT accident records for the area were reviewed, and indicate that there are no existing safety concerns at either intersection. 1 VAOT, High Accident Locations 1983-1987 Data, Planning and Research Division, Vermont Agency of Transportation, 1988. RESOURCE SYSTEMS GROUP Signalized Intc Intersection: Location: Traffic Period: irsection O erationz� Analysis- Version 3.31-Resource stems Grouo Shelburne Road/Sears Service Merchandise/Factory Outlet South Burlington, Vermont 1990 Design Hour PM Peak - No -Build Base Traffic V TOTAL LT TOTAL TH TOTAL RT Development V olumes EB WS NB SB Sears Factory Out Shelburne Shelburne 124 232 110 16 34 25 1400 1357 226 24 247 156 ies Sears Factory Out Shelburne Shelburne 20 1 1: 3 2 2 19 Total Analysis Volumes 47 TOTAL LT TOTAL TH TOTAL RT Sears Factory Out Shelburne Shelburne 120 225 107 16 33 24 1360 1318 220 23 240 152 Total 373 273 1707 1486 % RTOR Sears Factory Out Shelburne Shelburne 25% 25% 50% 50% Traffic and Roadway Conditions Approach Sears Factory Out Shelburne Shelburne Sears Factory Out Shelburne Shelburne Adjustments to Base Vol's Base Year = 1990 Final Year = 1990 Growth/yr = 1.0085 DHV adjust = 0.9716 Total Growth = 0.972 Add dev Y/N = In Time of Day = FM Controller = Semi -actuated CBD? n Grade % % HV Ad' Parking? Nm Parking Buses Nb 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 Conf Peds/hr Ped. Button? Min Time Butt Arr Type phf 0 N 0 3 0.91 0 N 0 3 0.91 0 N 0 3 - 0.96 0 N 0 3 0.96 Lane Groupings - Sears 1 EB 2 3 Factory Out 1 WB 2 3 Shelburne 1 NB 2 3 Shelburne # Lanes N LT? TH? RT? Lane Width Left turn phase 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 SB 2 3 1 y n n 10 Prot 2 n y n 10 1 n n y 12 ies Sears Factory Out Shelburne Shelburne 20 1 1: 3 2 2 19 Total Analysis Volumes 47 TOTAL LT TOTAL TH TOTAL RT Sears Factory Out Shelburne Shelburne 120 225 107 16 33 24 1360 1318 220 23 240 152 Total 373 273 1707 1486 % RTOR Sears Factory Out Shelburne Shelburne 25% 25% 50% 50% Traffic and Roadway Conditions Approach Sears Factory Out Shelburne Shelburne Sears Factory Out Shelburne Shelburne Adjustments to Base Vol's Base Year = 1990 Final Year = 1990 Growth/yr = 1.0085 DHV adjust = 0.9716 Total Growth = 0.972 Add dev Y/N = In Time of Day = FM Controller = Semi -actuated CBD? n Grade % % HV Ad' Parking? Nm Parking Buses Nb 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 Conf Peds/hr Ped. Button? Min Time Butt Arr Type phf 0 N 0 3 0.91 0 N 0 3 0.91 0 N 0 3 - 0.96 0 N 0 3 0.96 Lane Groupings - Sears 1 EB 2 3 Factory Out 1 WB 2 3 Shelburne 1 NB 2 3 Shelburne # Lanes N LT? TH? RT? Lane Width Left turn phase 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 SB 2 3 1 y n n 10 Prot 2 n y n 10 1 n n y 12 Total 373 273 1707 1486 % RTOR Sears Factory Out Shelburne Shelburne 25% 25% 50% 50% Traffic and Roadway Conditions Approach Sears Factory Out Shelburne Shelburne Sears Factory Out Shelburne Shelburne Adjustments to Base Vol's Base Year = 1990 Final Year = 1990 Growth/yr = 1.0085 DHV adjust = 0.9716 Total Growth = 0.972 Add dev Y/N = In Time of Day = FM Controller = Semi -actuated CBD? n Grade % % HV Ad' Parking? Nm Parking Buses Nb 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 Conf Peds/hr Ped. Button? Min Time Butt Arr Type phf 0 N 0 3 0.91 0 N 0 3 0.91 0 N 0 3 - 0.96 0 N 0 3 0.96 Lane Groupings - Sears 1 EB 2 3 Factory Out 1 WB 2 3 Shelburne 1 NB 2 3 Shelburne # Lanes N LT? TH? RT? Lane Width Left turn phase 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 SB 2 3 1 y n n 10 Prot 2 n y n 10 1 n n y 12 Conf Peds/hr Ped. Button? Min Time Butt Arr Type phf 0 N 0 3 0.91 0 N 0 3 0.91 0 N 0 3 - 0.96 0 N 0 3 0.96 Lane Groupings - Sears 1 EB 2 3 Factory Out 1 WB 2 3 Shelburne 1 NB 2 3 Shelburne # Lanes N LT? TH? RT? Lane Width Left turn phase 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 SB 2 3 1 y n n 10 Prot 2 n y n 10 1 n n y 12 Lane Groupings - Sears 1 EB 2 3 Factory Out 1 WB 2 3 Shelburne 1 NB 2 3 Shelburne # Lanes N LT? TH? RT? Lane Width Left turn phase 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 SB 2 3 1 y n n 10 Prot 2 n y n 10 1 n n y 12 Shelburne # Lanes N LT? TH? RT? Lane Width Left turn phase 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 SB 2 3 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 SB 2 3 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 SB 2 3 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 Signalized Intersection Capacity Ar,elysis HCM 1985 - Resource Syste,,,s Group v. 3.31 Resource Systems Group Phase Green Times Intersection: Shelburne Road/Sears Service Merchandise/Factory Out Phase 1 8 Location: South Burlington, Vermont Phase 2 39 Traffic Period: 1990 Design Hour (PM Peak) - No -Build Phase 3 18 Phase 4 Print Date 5/23/90 Phase 5 Print Time 10:00 AM Phase 6 Phase 7 Gr. Clear. - 8 Shelburne Timings 18.3 sec Total Green 65 LOS C Total Dead 15 Cycle Length 80 Factory Out Sears Overall 25.3 sec Lane Groups Phase number 21.4 sec 20.2 sec LOS D Sears 1 3 LOS C LOS C 2 3 3 3 Shelburne 20.7 sec Factory Out 1 3 LOS C 2 3 3 3 Shelburne 1 1 2 2 3 2 Shelburne 1 1 2 2 3 2 Lanes Green Time Total Delay Group LOS Appr Delay Approach LOS Sears L 18 20.3 C 21.4 C T is 18.7 C R 18 22.7 C Factory Out L 18 26.6 D 25.3 D T 18 18.6 C R 18 18.5 C Shelburne L 8 35.4 D 20.7 C T 39 21.1 C R 39 9.1 B Shelburne L 8 24.9 C 18.3 C T 39 19.0 C R 39 8.7 B Average Intersection Delay 20.2 seconds Average Intersection LOS C Signalized Intc Intersection: Location: Traffic Period: Base Traffic Vc TOTAL LT TOTAL TH TOTAL RT Development V ?ction Operations Inalysis-Version 3.31-Resource 5 lems Group ielburne Road/Home Ave/O'Dell Parkway iuth Burlington, Vermont 90 Design Hour (PM Peak) - No -Build nes EB WB N8 SB Adjustments to Base Vol's Home Ave O'Dell Pkwy Shelburne Shelburne 27 59 208 94 40 42 1334 1124 348 93 6 30 mes Base Year = Final Year = Growth/yr = DHV adjust = 3405 Total Growth = Home Ave O'Dell Pkwy Shelburne Shelburne 15 33 13 11 25 2 Add dev Y/N = In 1 Time of Day = FM Total Analysis Volumes Controller = Semi -actuated TOTAL LT TOTAL TH TOTAL RT Total 403 188 1504 1213 % RTOR Home Ave O'Dell Pkwy Shelburne Shelburne 25% 15% 25% 25% Traffic and Roadway Conditions Approach Home Ave O'Dell Pkwy Shelburne Shelburne Home Ave O'Dell Pkwy Shelburne Shelburne Grade% %HV Ad' Parking? Nm Parking Buses Nb 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 Conf Peds/hr Ped. Button?Min Time Butt Arr Type pht 0 Y 0 3 0.90 0 Y 0 3 0.90 0 Y 0 3 0.96 0 Y 0 3 0.96 Lane Groupings Home Ave 1 EB 2 3 O'Dell Pkwy 1 WB 2 3 Shelburne # Lanes N LT? TH? RT? Lane Width Left turn phase 1 y y n 10.5 Perm 1 n n y 11 1 NB 2 3 Shelburne 1 SB 2 3 1 y n n 12 Perm 1 n y y 12 1 y n n 10 Prot 2 n y y 10 1 y n n 10 Prot 2 n y y 10 Signalized Intersection Capacity Ai... ysis HCM 1985 - Resource Syste... Group 3.31 Resource Systems Group Phase Green Times Intersection: Shelburne Road/Home Ave/O'Dell Parkway Phase 1 13 Location: South Burlington, Vermont Phase 2 31 Traffic Period: 1990 Design Hour (PM Peak) - No -Build Phase 3 8 Phase 4 18 Print Date 5/23/90 Phase 5 Print Time 9:46 AM Phase 6 Phase 7 Gr. Clear. - 8 Shelburne Timings 15.4 sec Total Green 70 LOS C Total Dead 10 C cle Length so O'Dell Pkwy Home Ave Overall 25.6 sec Lane Groups Phase number 39.0 sec 18.6 sec LOS D Home Ave 1 4 LOS D LOS C 2 4 Shelburne 15.6 sec O'Dell Pkwy 1 4 LOS C 2 4 Shelburne,1 1 2 2,8,1 Shelburne 1 3 2 2,8,3 Lanes Green Time Total Delay Group LOS Appr Delay Approach LOS Home Ave LT 18 19.3 C 39.0 D R 18 43.8 E O'Dell Pkwy L 18 37.0 D 25.6 D TR 18 20.2 C Shelburne L 13 37.4 D 15.6 C TR 44 12.4 B Shelburne L 8 30.6 D 15.4 C TR 39 14.2 B Average Intersection Delay 18.6 seconds Average Intersection LOS C Sionalized IWE; Intersection: Location: Traffic Period: Base Traffic Vc TOTAL LT TOTAL TH TOTAL RT Development V rsection Operation_ Analysis- Version 3.31-Resource —'_items Group Shelburne Road/Sears Service Merchandise/Factory Outlet South Burlington, Vermont 1995 Design Hour PM Peak - No -Build nes EB WB NB SB Adjustments to Base Vol's Sears Factory Out Shelburne Shelburne 124 232 110 16 34 25 1400 1357 226 24 247 156 mes Sears Factory Out Jneiourne Jnelourne 20 1 3 2 2 19 Base Year = 1990 Final Year = 1995 Growth/yr 1.0085 DHV adjust = 0.9716 Total Growth = 1.014 Add dev Y/N = n Time of Day = PM Total Analysis Volumes 47 Controller = Semi -actuated TOTAL LT TOTAL TH TOTAL RT Total 389 285 1781 1550 % RTOR Sears Factory Out Shelburne Shelburne 25% 25% 50% 50% Traffic and Roadway Conditions Approach Sears Factory Out Shelburne Shelburne Sears Factory Out Shelburne Shelburne CBD? n Grade% %HV Ad' Parking? Nm Parking Buses Nb 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 Conf Peds/hr Ped. Button"!Min lime Butt Arr i ype pnr 0 N 0 3 0.91 0 N 0 3 0.91 0 N 0 3 0.96 0 N 0 3 0.96 Lane Groupings _ Sears 1 EB 2 3 Factory Out 1 WB 2 3 Shelburne # Lanes N LT? TH21 H '! Lane Width Left turn pnase I 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 NB 2 3 Shelburne 1 SB 2 3 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 Signalized intarsection Capacity An_ Isis HCM 1985 - Resource Systei. 'Group v. 3.31 Resource Systems Group i Phase Green Times Intersection: Shelburne Road/Sears Service Merchandise/Factory Out Phase 1 Location: South Burlington, Vermont Phase 2 Traffic Period: 1995 Design Hour (PM Peak) - No -Build Phase 3 Phase 4 Print Date 5/23/90 Phase 5 Print Time 9:59 AM Phase 6 Phase 7 Gr_ Clear. - 8 8 39 18 Shelburne Timings 21.0 sec Total Green 65 LOS C Total Dead 1 5 C cle Len th 80 Factory Out Sears Overall 26.5 sec Lane Groups Phase number 21.7 sec 23.1 sec LOS D Sears 1 3 LOS C LOS C 2 3 3 3 Shelburne 24.6 sec Factory Out 1 3 LOS C 2 3 3 3 Shelburne 1 1 2 2 3 2 Shelburne 1 1 2 2 3 2 Lanes Green Time Total Delay Group LOS Appr Delay Approach LOS Sears L 18 20.4 C 21.7 C T 18 18.7 C R 18 23.1 C Factory Out L 18 28.0 D 26.5 D T 18 18.6 C R is 18.5 C Shelburne L 8 37.4 D 24.6 C T 39 25.5 D R 39 9.2 B Shelburne L 8 24.9 C 21.0 C T 39 22.0 C R 39 8.7 B Average Intersection Delay 23.1 seconds Average Intersection LOS C Signalised lnte Intersection: Location: Traffic Period: Base Traffic Vc TOTAL LT TOTAL TH TOTAL RT Development V !ction Operation: Analysis -Version 3.31-Resource items Group elburne Road/Home Ave/O'Dell Parkway uth Burlington, Vermont 95 Design Hour (PM Peak) - No -Build ies EB WB NB SIB Adjustments to Base Vol's Home Ave O'Dell Pkwy Shelburne Shelburne 27 59 208 94 40 42 1334 1124 348 93 6 30 Base Year = Final Year = Growth/yr = DHV adjust = mes 3405 Total Growth - Home Ave V Uell tKWY Shelburne Shelburne 15 33 13 11 25 2 Add dev Y/N = In Time of Day = FM Total Analysis Volumes Controller = Semi -actuated TOTAL LT TOTAL TH TOTAL RT Total 421 197 1569 1265 % RTOR Home Ave O'Dell Pkwy Shelburne Shelburne 25% 15% 25% 25% Traffic and Roadway Conditions Approach Home Ave O'Dell Pkwy Shelburne Shelburne Home Ave O'Dell Pkwy Shelburne Shelburne CBD? n Grade % %HV Ad' Parking? Nm Parking Buses Nb 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 Conf Peds/hr Ped. Button? Min Time Butt Arr Type phf 0 Y 0 3 0.90 0 Y 0 3 0.90 0 Y 0 3 0.96 0 Y 0 3 0.96 Lane Groupings Home Ave 1 EB 2 3 O'Dell Pkwy 1 WB 2 3 Shelburne 1 NB 2 3 Shelburne 1 SB 2 3 # Lanes N LT? TH? RT? Lane Width Left turn phase 1 y y n 10.5 Perm E1 n n y 11 1 y n n 12 Perm 1 n y y 12 1 y n n 10 Prot 2 n y y 10 1 y n n 10 Prot 2 n y y 10 Sig^alized Intersection Capacity A, y sis HC.M. 1985 - Resource Syst, I Group v. 3.31 Resource Systems Group Phase Green Times intersection: Shelburne Road/Home Ave/O'Dell Parkway Phase 1 13 Location: South Burlington, Vermont Phase 2 31 Traffic Period: 1995 Design Hour (PM Peak) - No -Build Phase 3 8 Phase 4 18 Print Date 5/23/90 Phase 5 Print Time 9:45 AM Phase 6 Phase 7 Gr. Clear. - 8 Shelburne Timings 16.2 sec Total Green 70 LOS C Total Dead 10 C cle Length 80 O'Dell Pkwy Home Ave Overall 26.8 sec Lane Groups Phase number 44.9 sec 20.1 sec LOS D Home Ave 1 4 LOS E LOS C 2 4 Shelburne 16.9 sec O'Dell Pkwy 1 4 LOS C 2 4 Shelburne 1 1 2 2,8,1 Shelburne 1 3 2 2,8,3 Lanes Green Time Total Delay Group LOS Appr Delay Approach LOS Home Ave LT is 19.3 C 44.9 E R 18 51.0 E O'Dell Pkwy L 18 40.4 E 26.8 D TR is 20.4 C Shelburne L 13 41.1 E 16.9 C TR 44 13.3 B Shelburne L 8 31.6 D 16.2 C TR 39 15.0 B Average Intersection Delay 20.1 seconds Average Intersection LOS C Signalized Intl Intersection: Location: Traffic Period: ,rsection Operations ..hal sis-Version 3.31-Resource Sy _ bms Group rhelburne Road/Sears Service Merchandise/Factory Outlet outh Burlington, Vermont 995 Design Hour PM Peak - Build Base Traffic Vc TOTAL LT TOTAL TH TOTAL RT Development V �s EB WS NB Sears Factory Out Shelburne Shelburne 124 232 110 16 34 25 1400 1357 226 24 247 156 es Sears Factory Out Shelburne Shelburne 20 1 3 2 2 19 Total Analysis Volumes 4 � Sears Factory Out Shelburne Shelburne TOTAL LT 126 255 ill 17 TOTAL TH 37 27 1415 13 7 E TOTAL RT 228 26 269 1 5E Total 391 309 1796 1551 % RTOR Sears Factory Out Shelburne ShelburnE 25% 25% 50% 500/c Traffic and Roadway Conditions Approach Sears Factory Out Shelburne Shelburne Sears Factory Out Shelburne Shelburne Adjustments to Base Vol's Base Year = 1990 Final Year = 1995 Growth/yr = 1.0085 DHV adjust = 0.9716 Total Growth = 1.014 Add dev Y/N = Time of Day = PM Controller = Semi -actuated CBD? n Grade% %HV Ad' Parking? Nm Parking Buses Nb 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 Conf Peds/hr Ped. Button? Min Time Butt Arr Type pht 0 N 0 3 0.91 0 N 0 3 0.91 0 N 0 3 0.96 0 N 0 3 0.96 Lane Groupings Sears 1 EB 2 3 Factory Out 1 WB 2 3 Shelburne 1 NB 2 3 Shelburne 1 SB 2 3 # Lanes N LT? TH? RT? Lane Width Left turn phase 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 1 y n n 10 Prot 2 n y n 10 1 n n y 12 Signalized Intersection Capacity Ar, ysis HCl,', 1985 - Resource Syste, Group v. 3.31 Resource Systems Group Phase Green Times Intersection: Shelburne Road/Sears Service Merchandise/Factory Out Phase 1 8 Location: South Burlington, Vermont Phase 2 39 Traffic Period: 1995 Design Hour (PM Peak) - Build Phase 3 18 Phase 4 Print Date 5/23/90 Phase 5 Print Time 9:57 AM Phase 6 Phase 7 Gr. Clear. - 8 Shelburne Timings 21.0 sec Total Green 65 LOS C Total Dead 15 C cle Length so Factory Out Sears Overall 30.2 sec Lane Groups Phase number 21.6 sec 23.2 sec LOS D Sears 1 3 LOS C LOS C 2 3 3 3 Shelburne 24.1 sec Factory Out 1 3 LOS C 2 3 3 3 Shelburne 1 1 2 2 3 2 Shelburne 1 1 2 2 3 2 Lanes Green Time Total Delay Group LOS Appr Delay Approach LOS Sears L 18 20.4 C 21.6 C T is 18.7 C R is 23.1 C Factory Out L 18 32.5 D 30.2 D T 18 18.6 C R 18 18.5 C Shelburne L 8 37.4 D 24.1 C T 39 25.1 D R 39 9.3 B Shelburne L 8 24.9 C 21.0 C T 39 22.0 C R 39 8.7 B Average Intersection Delay 23.2 seconds Average Intersection LOS C Signalized lnte .Intersection: Location: Traffic Period: Base Traffic Vc TOTAL LT TOTAL TH TOTAL RT Development V ,rsection Operations Analysis- Version 3.31-Resource S. 'tems Group Shelburne Road/Home Ave/O'Dell Parkway South Burlington, Vermont 1995 Design Hour PM Peak - Build nes EB WB NB SB Adjustments to Base Vol's Home Ave O'Dell Pkwy, Shelburne Shelburne 27 59 208 94 40 42 1334 1124 348 93 6 30 Imes Base Year = Final Year = Growth/yr DHV adjust = 3405 Total Growth = Home Ave O'Dell Pkwy Shelburne Shelburne 15 33 13 11 25 2 Add dev Y/N y Time of Day = Ffvl Total Analysis Volumes Controller = Semi -actuated TOTAL LT TOTAL TH TOTAL RT Total 431 248 1571 1291 % RTOR Home Ave O'Dell Pkwy Shelburne Shelburne 25% 15% 25% 25% Traffic and Roadway Conditions Approach Home Ave O'Dell Pkwy Shelburne Shelburne Home Ave O'Dell Pkwy Shelburne Shelburne CBD? In Grade % %HV Ad' Parking? Nm Parkin Buses Nb 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 0 2 N 0 0 Conf Peds/hr Ped. Button? Min Time Butt Arr Type phf 0 Y 0 3 0.90 0 Y 0 3 0.90 0 Y 0 3 0.96 0 Y 0 3 0.96 Lane Groupings Home Ave 1 EB 2 3 O'Dell Pkwy 1 WB 2 3 Shelburne # Lanes N LT? TH? RT? Lane Width Left turn phase 1 y y n 10.5 Perm 1 In n y 11 1 NB 2 3 Shelburne 1 SB 2 3 1 y n In 12 Perm 1 n y y 12 1 y n n 10 Prot 2 n y y 10 1 y n n 10 Prot 2 n y y 10 RESOURCE SYSTEMS GROUP Route 5 South P.O. Box 1104 Norwich, Vermont 05055 Telephone 802/649-1999 FAX 802/649-5371 Principals: Thomas J. Adler Colin J. High Dennis L. Meadows MEMORANDUM TO: Jim Truax FROM: Lucy Gibson RE: Level of Service at Sears/Factory Outlet Mall Intersection DATE: May 29,1990 We have performed supplementary analyses of the Sears/Factory Outlet Mall intersection to determine the level of service with the new phasing proposed by Fitzpatrick-LLewellyn. As a condition of the approval of the expansion of the Factory Outlet Mall, the City of South Burlington required that the phasing pattern of this signal be changed from the current "dual -left" configuration to a "lag -lead" phasing. The traffic study done for that project showed that the lag -lead phasing resulted in improved level of service. The level of service analysis in our May, 1990 report for the Ben Franklin Store used traffic counts done on Friday, May 18, 1990, which is historically a day when traffic volumes near the design hour are observed. These volumes, attached, differ substantially from those used in Fitzpatrick-LLewellyn's analyses, which appear to be based on traffic volume projections made in 1986 by JHK in their TSM study. In our May, 1990 report, we performed level of service analyses using the existing "dual left" phasing. We have since analyzed the level of service at this intersection using the recommended "lag - lead" phasing. The results, attached, indicate that level of service "C" is observed for the 1995 Build scenario (assuming a 15,000 square foot Ben Franklin). The level of service at this intersection is not significantly improved with the new phasing sequence, when the traffic volumes from our May 18, 1990 traffic counts are used in the analysis. Signalized Intersection Capacity Ar, sis HCM 1985 - Resource Systej. lGroup v. 3.31 Resource Systems Group Phase Green Times Intersection: Shelburne Road/Home Ave/O'Dell Parkway Phase 1 13 Location: South Burlington, Vermont Phase 2 31 Traffic Period: 1995 Design Hour (PM Peak) - Build Phase 3 8 Phase 4 18 Print Date 5/23/90 Phase 5 Print Time 9:39 AM Phase 6 Phase 7 Gr. Clear. - 8 Shelburne Timings 18.1 sec Total Green 70 LOS C Total Dead 10 ,Cycle Length 80 O'Dell Pkwy Home Ave Overall 38.7 sec Lane Groups Phase number 42.7 sec 21.6 sec LOS D Home Ave 1 4 LOS E LOS C 2 4 Shelburne 16.9 sec O'Dell Pkwy 1 4 LOS C 2 4 Shelburne 1 1 2 2,8,1 Shelburne 1 3 2 2,8,3 Lanes Green Time Total Delay Group LOS Appr Delay Approach LOS Home Ave LT 18 19.6 C 42.7 E R 18 49.3 E O'Dell Pkwy L 1 8 75.4 F 38.7 D TR is 21.4 C Shelburne L 13 41.1 E 16.9 C TR 44 13.3 B Shelburne L 8 48.9 E 18.1 C TR 39 14.8 B Average Intersection Delay 21.6 seconds Average Intersection LOS C 3EN FRANKLIN -lome/O'Dell Parkway/Shelburne Road 18-May-90 EB WB Hnma rl'r) o I I 'IME �:45-4:00 :00-4:1 5 :1 5-4:30 :30-4:45 :45-5:00 :00-5:15 :15-5:30 :30-5:45 :45-6:00 5 MIN PEAK EAK HOUR NB SIB LT TH RT LT TH I RT LT TH RT LT TH RT Total 7 10 67 13 6 23 45 269 11 28 258 10 747 7 10 95 8 13 33 53 280 1 23 238 9 770 753 Hourly Total 14 6 65 7 12 32 48 280 0 22 260 7 6 8 111 10 8 25 42 373 2 18 282 5 890 796 872 3160 3209, 3311 7 12 70 14 11 22 42 311 4 27 271 5 8 1 1 96 18 13 21 6 1 344 0 21 271 8 6 7 71 15 9 23 63 306 0 25 300 12 837 717 645 3395 3222 3071 7 12 65 11 7 30 53 280 0 18 1 225 9 3 6 49 8 3 14 49 272 0 14 223 4 16 8 111 10 8 25 42 373 2 18 282 5 890 27 38 348 57 41 91 208 1334 6 91 1124 30 3395 Total PHF: 0.95 Major PHF: 0.96 Minor PHF: 0.90 aars/Factory Outlet Mail/Shelburne Road 18-May-90 EB wB Sears Factnry nittiot ME 45-4:00 00-4:15 15-4:30 30-4:45 45-5:00 00-5:15 15-5:30 30-5:45 45-6:00 MIN PEAK :AK HOUR NB SB 0.. .# 9 LT TH RT LT TH RT LT TH RT LT ivuio i TH RT Total 25 14 66 48 10 4 30 296 55 3 303 32 886 848 862 1037 918 1010 986 834 751 Hourly Total 23 8 48 31 0 -4 8 -8 35 303 51 16 289 36 31 11 62 34 30 289 61 5 1 301 26 36 12 55 60 13 7 24 374 53 4 362 37 3633 3665 3827 3951 3748 3581 22 5 60 50 3 4 26 331 62 3 314 38 40 8 50 66 5 6 28 359 63 1 344 40 26 9 61 56 4 7 32 336 69 8 337 41 37 11 58 61 4 6 23 290 43 4 258 39 26 5 27 44 6 9 25 1 286 43 6 255 19 36 12 55 60 13 7 24 374 53 4 362 3711037 124 34 226 232 25 24 110 1400 247 16 1357 156 3951 Total PHF: 0.95 Major PHF: 0.96 Minor PHF: 0.91 grai:_ lr'.2rsection Capacity A !lysis HCM 1985 -Resource System Group v. 3.31 Resource Systems Groun Phase Green Times Intersection: Shelburne Road/Sears Service Merchandise/Factory Out Phase 1 20 Location: South Burlington, Vermont Phase 2 8 Traffic Period: 1995 Design Hour (PM Peak) - Build Phase 3 24 Phase 4 10 Print Date 5/29/90 Phase 5 Print Time 2:57 PM Phase 6 Phase 7 4 Gr. Clear. - 8 5 Shelburne Timings 26.9 sec Total Green 62 LOS D Total Dead 18 Cycle Length 80 Factory Out Sears Overall 24.7 sec Lane Groups Phase number 14.7 sec 22.2 sec LOS C Sears 1 1 LOS B LOS C 2 1 3 1,8,4 Shelburne 19.2 sec Factory Out 1 1 LOS C 2 1 3 1,8,2 Shelburne 1 4 2 3,8,4 3 3,8,4 Shelburne 1 2 2 3,7,2 3 3,7,2 Lanes Green Time Total Delay Group LOS Appr Delay Approach LOS Sears L 20 19.1 C 14.7 B T 20 17.5 C R 35 11.3 B Factory Out L 20 26.7 D 24.7 C T 20 17.4 C R 33 10.7 B Shelburne L 10 28.0 D 19.2 C T 39 20.2 C R 39 6.7 B Shelburne L 8 24.9 C 26.9 D T 36 28.4 D R 36 7.2 B Average Intersection Delay 22.2 seconds Average Intersection LOS C ■ a - j;; � j I� ��Y � � j ■ ,. ��';N _ �� �� �� t � ;�, aR No Text No Text $'S in;e Interse-" .n: Location: Traffic Period: Base Traffic Vc TOTAL LT TOTAL TH TOTAL RT Development V rsection Operations Analysis- Version 3.31-Resource Systems Group FS19e.1burne Road/Sears Service Merchandise/Factory Outlet h Burlington, Vermont 5 Design Hour (PM Peak) - Build nes EB WB NB SB Adiustments to Base Vol's Sears Factory Out Shelburne Shelburne 124 232 110 16 34 25 1400 1357 226 24 247 156 Imes Sears Factory Uut Shelburne Shelburne 20 1 3 2 2 19 Base Year = 1990 —� Final Year = 1995 Growth/yr = 1.0085 DHV adjust = 0.9716 Total Growth = 1.014 Add dev Y/N = Time of Day = FM Total Analysis Volumes 47 Controller = Semi -actuated TOTAL LT TOTAL TH TOTAL RT Total 391 309 1796 1551 % RTOR Sears Factory Out Shelburne Shelburne 25% 25% 50% 50% Traffic and Roadway Conditions Approach Sears Factory Out Shelburne Shelburne Sears Factory Out Shelburne Shelburne CBD? n Grade %o ro r v Adl Namin f wm HarKIng noses IVD 0 1 N 0 0 0 1 N 0 0 0 4 N 0 2 0 4 N 0 2 Cont Peds/hr Ped. Button? Min Time Butt Arr Type phf 20 N 24.6 3 0.9 20 N 24.6 3 0.9 20 N 14.1 4 0.95 20 N 14.1 4 0.95 Lane Groupings Sears 1 EB 2 3 Factory Out 1 WB 2 3 Shelburne ## Lanes N L I ! I"! H I f Lane Width Left turn phase 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 NB 2 3 Shelburne 1 SB 2 3 1 y n n 10 Perm 1 n y n 10 1 n n y 12 1 y n n 1 1 Prot 2 n y n 11 1 n n y 12 1 y n n 1 1 Prot 2 n y n 11 1 n n y 12 Traffic Impact Study for Ben Franklin Store March, 1990 l CI Introduction The FEP Partners and Associates plans to open a Ben Franklin variety store at 518 Shelburne Road. This site has been previously occupied by the Agel Corman furniture store. This site represents 15,000 square feet of retail space. The building is set back from Shelburne Road, with access through a parking area. The parking area has access to Shelburne Road through a signalized intersection. The parking areas also has access to adjacent parking facilities for the Factory Outlet mall on the adjacent lot. Traffic Impact Analysis The impact of the additional traffic that will be generated by a Ben Franklin store is assessed in the following sections. Safety and Level of Service considerations will be covered, and recommendations made for safe and efficient use. Background Conditions Below is the estimated traffic congestion volume for the South Burlington Factory Outlet mall, with a total of 136,000 square feet of retail space. Traffic congestion volumes were calculated, using municipal Automatic Traffic Recorder Counts, from reports by Fitzpatrick and Llewellyn as studied for a proposed expansion of the South Burlington Factory Outlets in 1986, as follows: 1) Station D270, Shelburne Road (north of Home Avenue) (1984) 2) Station D258, Shelburne Road (south of Queen City Park Avenue) (1984) 3) Turning Movement Count, Shelburne Road, Flynn and Procter Avenues (1986) 4) TMC, Shelburne Road, Home Avenue and O'Dell Parkway (1984) 5) TMC, Shelburne Road, South Burlington Factory Outlet Centers and Shelburne Road Plaza (1986). Volume estimates are: Average weekday vehicle trip ends AM Peak Hours PM Peak Hours Enter 5664 vte/day 156 vte/hr 496 vte/hr Exit 5671 vte/day 136 vte/hr 524 vte/hr Total 11,335 vte/day 292 vte/hr 1,020 vte/hr 69% of mall traffic uses primary entrance; 31% uses O'Dell Parkway. Accident rate does not exceed critical accident rate. Volume estimates for actual mall entrance are: Enter Exit Total Average weekday 3908 vte/day 3913 vte/day 7,821 vte/day vehicle trip ends AM Peak Hours 108 vte/hr 94 vte/hr 202 vte/hr PM Peak Hours 342 vte/hr 362 vte/hr 704 vte/hr Volume estimates for O'Dell Parkway are: Enter Exit Total Average weekday 1756 vte/day 1758 vte/day 3,514 vte/day vehicle trip ends AM Peak Hours 48 vte/hr 42 vte/hr 90 vte/hr PM Peak Hours 154 vte/hr 162 vte/hr 316 vte/hr ** Completion of the Southern Connector into Burlington from I-189 will decrease traffic flow by an estimated 35-40%. This will result in a Level of Service rating of "C" (described as "moderate delays") or better, at all times. 7 Trip Generation After determining background traffic conditions, the additional trips generated by the Ben Franklin store are determined. Data for this determination are sales figures from existing, comparable Ben Franklin locations, factored for the typical multi -person "sale" event and also for the fact that typically Ben Franklin shoppers are executing several "stops" (of which Ben Franklin's is one) at one location. In other words, the typical Ben Franklin sale represents one car parked in one location, generating one trip end, for several stores at that location: Ben Franklin shoppers are shoppers that are already on the site for errands at the Bank, supermarket, outlet center, car wash, etc. We conservatively estimate this factor to be 60% of Ben Franklin sales. Using the Institute of Traffic Engineers' Trip Generation manual (sections 820 and 890, fourth edition, 1987), this number was then adjusted to reflect average daily trips from 15,000 square feet of retail space. Traffic flow was predicted as follows: Estimated Daily Average Trip Ends: 1242 Estimated Incremental Increase: 496.8 Estimated trip ends during the following hours, Monday through Friday: hours trip ends incremental increase AM 8 - 9 49 19.6 9 - 10 76 30.4 10 - 11 119 47.6 11 - 12 119 47.6 PM 12 - 1 119 47.6 1 - 2 119 47.6 2 - 3 119 47.6 3 - 4 119 47.6 4 - 5 95 38 5 - 6 76 30.4 6 - 7 76 30.4 7 - 8 76 30.4 8 - 9 76 30.4 Peak hours are 10 AM to 4 PM; peak days of operation are Saturday and Sunday. Marginal traffic generation from the Ben Franklin store would, therefore, increase volume by 4.38% less the traffic volume now generated by the furniture store currently occupying this site. Therefore, a conservative estimate is that the Ben Franklin store will generate an incremental increase in traffic volume of not more than 2.5%, on average. Conclusion The many reports studying traffic congestion at this site, and methodical physical observation, show that this site is not at or near traffic capacity. The incremental increase in traffic congestion volume generated by the addition of a Ben Franklin store, replacing the Agel Corman furniture store that currently is on site, would be a mere 2.5% of the total traffic now generated. Such a small incremental increase is easily absorbed by the current, signal regulated, traffic flow. Proposed flow improvements, signage, and property management would actually improve the overall situation at this site. For example, the traffic may be more readily drawn up to the market square, thus diverting it to the back of the mall which is currently underutilized and away from the overly congested front lots.