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BATCH - Supplemental - 0760 Shelburne Road (2)
SITE PLAN ESCROW AGREEMENT THIS AGR EMENT, executed in triplicate by and between % AA V DWAAAE , hereinafter referred to as Developer", the CITY OF SOUTIq 8URLIIJGT, hereinafter referred to as "Municipality", and the 6r dog �N, hereinafter referred to as "Bank". WITNESSETH: WHEREAS, Developer has received site plan approval from the MUNICIPALITY'S Planning Commission for the development of property located at as depicted on a site plan entitled " dated t �� err and prepared by 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 City 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 construction as depicted and in accordance with the specifications set forth in said site plan and related documents: 2. The Developer shall complete the improvements set forth in Paragraph one no later than * _ s f } c c; C. 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within three (3) years after completion of the improvements set forth in Paragraph one. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guaranty of Developer's performance of all requirements hereinabove set forth, and prior to the issuance of any zoning permit for Go-,, 6 .,, f , Developer and Bank agree that the sum of -± 6 c, shall be set aside and held in escrow by the Bank 1 and shall be available for payment to the Municipality in accordance with the terms herein set forth. 5. If the Municipality shall file with the Bank a statement that the Developer is in the judgement of Municipality in 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 improvements and requirements set forth in this Agreement. 6. 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 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. 7. The Municipality shall not file with the Bank a statement of default until thirty (30) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so. 8. All monies released by the Bank to the Municipality pursuant to paragraph five (5) 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. 9. If monies are released by the Bank to the Municipality pursuant to paragraph five (5) 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. 10. 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 seven (7) of this Agreement. 11. 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 three (3) . 12. The sum of shall be maintained in escrow until certification to the Bank by the Municipality of the completion of the warranty period set forth in paragraph three (3) . 2 13. This Agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. Dated at %l26✓.17'2u#(, , this day of '�� ) -7 1-99 Loo© (DEVELOPER'S NAME) Witness Witness Duly Authoriz d Agent Dated at 't *s day of =, CITY OF witness 1-39^ aC, SOUTH BURLINGTON MOO--- E'A-A--1- By: _ �' -� J LLLII= —, Witness Duly Authorized Agent Dated at 0j.,01, � 11 � , V'-"', this day of Ap,.-1 - � , 1-99 �Ud, (NAME OF BANK - 3RD PARTY) \ �46 �/ /I- k7 Wi't Witness By: Ur),or-, 134h� Duly Au horized Agent 3 NEW LANDSCAPING ADDITIONS 9 5-6' ARBORVITAS 3 SCREENING HVAC IN REAR OF BLDING 6 SOU- HEAST CORNER SCREENING REAR 6 5 GAL DENSE YEWS (0 % 1%C • So 6 3 GAL RHODOENDRONST 6 3 GAL MT. FIRE ANDROMEDAS ADD TO SOUTHWEST BED, RESET EXISTING SHRUBS ADD TO FRONT PRIMARY BED 3-4 ANDROMEDAS PERENNIALS AND ANNUALS ESTABLISH RAISEI> BEDS IN FRONT CORNERS _ b oK F FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont 0 05495 • (802) 878-3000 January 5, 1994 Mr. Gary Bourne Bourne Petroleum Limited 1023 Broadway Raynham, Massachusetts 02767 RE: Bourne's Service Center Shelburne Road, South Burlington FILE: 93095 Dear Mr. Bourne: As you requested, we have reviewed traffic -related issues for the above site, which is the Bourne's Service Center Texaco located at the southeast corner of Shelburne Road and Swift Street in South Burlington. Based on your information, we understand that improvements to traffic circulation and safety were made to this site in 1987 and 1988. Your chronology of those improvements is as follows: 1. Fall, 1987 3 gasoline pumps and 1 diesel pump replaced 6 gasoline pumps and 1 diesel pump. Of the original 6 gasoline pumps, each was dedicated to a specific type of gasoline, for example regular versus super premium. The significance of the installation of the 3 modern gasoline pumps was twofold. First, the reduction in the number of pumps and reconfiguration resulted in overall improved vehicular circulation, since new space was created on the site for maneuvering The second site betterment was the ability of motorists to select any type of gasoline from a pump. Previously, motorists would be required to wait, thus forming a queue, until a specific grade of gasoline from a pump was available. Design • Inspection • Studies • Permitting • Surveying Mr: Gary Bourne FILE: 93095 January 5, 1994 Page Two 2. 1988 4 A curb cut that extended for the entire length of the site's frontage with Swift Street, a distance of approximately 120 feet, was reduced to 50 feet. Two curb cuts that extended for nearly the entire length of the site's frontage with Shelburne Road, a distance of approximately 130 feet, were combined and reduced to 40 feet. The reduction in the length of the above curb cuts was a great improvement to traffic safety and circulation, since the conflict area of turning vehicles was reduced. Other site improvements that occurred in 1988 were the placement of landscaping, the installation of an overhead pump island canopy, and the construction of an additional 350 square feet of storage/office space. We have reviewed preliminary comments dated December 6, 1993 from Raymond Belair, City of South Burlington Zoning and Planning Assistant for the above -referenced project. Those comments were the result of the inclusion of a convenience market within the service station. The first comment of that list states the following: "ITE Trip Generation Manual estimates that adding this retail use to a service station will increase P.M. peak hour trip ends by 9. Service station use currently far exceeds the trip end limits, therefore, the only way the Planning Commission can approve this application is if they find that the applicant is making a change which will result in a net benefit to traffic flow, or applicant must show that trip ends will not increase." It is agreed that the inclusion of a convenience market land -use within the service station results in a calculated increase of 9 vehicle trip ends during the P.M. peak hour, from a total of 61 vehicle trip ends per hour to 70 vehicle trip ends pgr hour. A vehicle trip end is defined as a vehicle either entering or exiting the site. Using whole numbers, it is estimated that approximately 5 additional vehicles will be entering the site and 4 additional vehicles will be exiting the site during the P.M. peak hour of the adjacent street traffic. FITZPATRICK-LLEWF.I.LYN INCORPORATED Engineering and Planning Services Mt. Gary Bourne FILE: 93095 January 5, 1994 Page Three SUMMARY The aforementioned site improvements are net benefits that will result in improved traffic safety and circulation. Those improvements will offset any potential traffic safety or congestion impacts associated with the projected 9 vehicle trip ends due to the convenience market use of this site. Therefore, it is recommended that the City of South Burlington Planning Commission recognize the traffic safety and circulation improvements that were made in 1987 and 1988 when evaluating the possible 9 vehicle trip ends that will result from the conversion of this site from a service station to a service station with a convenience market. Should you have any questions regarding the above, please contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED /e Brendan Kelly, P.E. cc: Raymond Belair FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services r� PLANNING COMMISSIG_ January 1988 s The South Burlington Planning Commission held a meeting on Tuesday, January a..(p, 1988, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present Peter Jacob, Chairman; William Burgess, Mary -Barbara Maher, Judy Hurd, John Belter, Ann Pugh, Catherine Peacock Also Present Jane Lafleur, City Planner; Sid Poger, The Other Paper; Gary Bourne, Rene Bourne, Bourne Service Center; Terry Shepard; Dave McGinnis, Pete's Trailer Mart; Floyd Shepard, Lawrence shepard, Herb Durfee, Philip Drumhtller, -Tl,�Nc;lm«n 1. Minutes of January 12, 1988. Ms. Pugh said that on page 5 on the Alloca approval she had voted against it and not for it as the minutes state. Mrs. Peacock said that her name should be removed from "those present" as she was not at this meeting. Mrs. Hurd said that under "other business" where it stated she had presented a letter from the University Mall it should read that Mrs. Lafleur had presented the letter. Ms. Pugh moved the minutes be approved as amended. Mrs. Maher seconded and all voted in favor. 2. Site plan application of Gary Bourne for construction of a 350 square foot addition and new pump island canopy addition at 760 Shelburne Road. Gary Bourne said the business was on the corner of Swift Street and Shelburne Road. They proposed to put up a canopy and continue an existing wall to expand the building. The height would be the same as it is now. They will shrink the curb cuts. Now the curb is the whole side. Mr. Bourne said that the curb cuts on Swift Street would be reduced. Mrs. Hurd asked for clarification on the Shelburne Rd. curb cut. Mr. Bourne said that they were actually keeping the Shelburne Road the same size but changing the configuration so that the traffic flow would be better. He said that they were adding landscaping but the commission should be aware that a lot of what they were presenting was on a right- of-way owned by the state. It used to belong to them but was taken during the road widening. The applicant will pay for the landscaping but the state will let them plant it there. The state will do the curbing. The state said that they could landscape there but the applicant must maintain it. Mrs. Lafleur asked if it would be bermed. The Applicant said the berm would be very little because of sight restrictions. The landscaping was discussed in detail. Mrs. Lafleur said that Mr. Szymanski had a concern about sight restrictions caused by landscaping. Mr. Bourne said that they were aware Minutes - Planning Immission January -6, 1988 Page 2 of that and had planned accordingly. Mrs. Maher asked Mrs. Lafleur to review whatever landscaping is put in for safety.. Parking was discussed, Mrs. Hurd asked for an explanation of blocked spaces. Mr. Bourne said that all these spaces were for cars being worked on and they controlled the vehicles put there. Mrs. Hurd noted that the handicapped space blocked the employee parking. Mr. Bourne said that the handicapped space was only used for a few minutes at a time. Mrs. Lafleur said although the city has no standard for gas stations, this is not a mini mart and she felt that the spaces were adequate. Mrs. Hurd said she was concerned that the fire equipment could not get to the building if all the parking was stacked around the building. Mrs. Lafleur said that the applicant was being required to kept the canopy over 14 feet high so.the fire apparatus could get to the building. Mr. Jacob asked the applicant about a sidewalk. Mrs. Lafleur explained that they would be required to install a sidewalk along Swift Street. Mrs. Lafleur said that an easement would be required at this point because there wasn't enough space. Mr. Bourne said that he would install the sidewalk. There was discussion that landscaping might be lost when the sidewalk is put in. Mr. Jacob polled the commission as to whether they wanted a sidewalk or landscaping. All agreed that they wanted the sidewalk. The state is putting the sidewalk along the Shelburne Road side. The applicant shall put it along Swift Street. Mrs. Hurd moved that the South Burlington Planning Commission approve the site plan application of Gary Bourne for construction of a 350 square foot addition and new pump island canopy at Bourne's Texaco, 760 Shelburne Road as depicted on a plan entitled "Bourne's Service Center, 760 Shelburne Road, South Burlington" prepared by Champlain Valley Landscaping and Gary Bourne dated 1/7/88 with the following stipulations: 1. A $2000 landscaping bond shall be posted prior to permit. The flowering crabs proposed for the corner shall be relocated to another place approved by the City Planner prior to permit. Landscaping shall be coordinated with the State improvements to Shelburne Road so that no work is done twice. 2. A bond shall be posted prior to permit for construction of a sidewalk along Swift Street in an amount determined by the City Engineer. A sidewalk easement shall be given to the City prior to permit. 3. The canopy over the pump islands shall be at least 14 feet in height for fire access. 4. The building permit shall be obtained within 6 months or this approval is null and void. All commissioners voted unanimously. FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Kay Mui and Suk-Yin Mui for use of 1,000 square feet within an existing building for take-out restaurant use on a site which contains several other existing uses including auto sales and service, general office, auto repair, vacant space and mini -warehouse, 1900 Williston Road. /L' On the 24th of August, 1993, the South Burlington Planning Commission approved the request of Kay Mui and Suk-Yin Mui for site plan review for ftnal.--plat approval under Section 204 of the South Burlington Subd-i' -Regulations based on the following findings: 1. This project consisCof covering 1,000 square feet of office use in the southerly building to a take-out restaurant use and relocating the 1,000 square feet of office use to the northerly building. Existing uses on the property consists of the following: auto sales and service (3,500 square feet), auto repair (1,000 square feet) vacant (1,000 square feet) and mini -warehouse (13,600 square feet). 2. The last time the Planning Commission reviewed this site was on 9/8/87 when a mini -warehouse facility was approved. The Zoning Board of Adjustment on 7/12/93 granted the applicant a conditional use permit for the take-out restaurant and multiple use. 3. This property located at 1900 Williston Road lies within the I-C District. It is bounded on the north and east by Burlington International Airport, on the west by a car rental service facility and on the south by Williston Road. 4. Access/circulation: Access is provided by a 50 foot curb cut on Williston Road. The 9/8/87 approval stipulated that it be reduced to 36 feet in width. This condition was never met. The applicant indicated to staff that he wishes to leave the curb cut at 50 feet. 5. Coverage/setbacks: Building coverage is 22.2% (maximum allowed is 30%). Overall coverage is 76% (maximum allowed is 70%). This was the coverage approved on the 9/8/87 plan. Front yard coverage is 79% (maximum allowed is 30%). Front yard coverage is existing and will not be made worse by this application. ReduGi-the--width of the curb- cut--w-1-1-1-improve front yard coverage. 6. The southerly building does not meet the front and side yard requirements. The northerly building does not meet the side yard requirement. Both of these buildings are noncomplying structures subject to Section 19.002 of the zoning regulations. 1 �4e raw.-9f _S H T� L-BU R KE 0 A 7'0,QAI S p R 1 6 1 (IN N1 . ...... . . 0 p LL a6.b/— 400 WATT F/XTLJP Z ? n Y p CANOPY: .4,Cc,4 MC)LfV'rED Flt 40C \,\/ATT 7 BZ e4td Q% HALJCEt4 FX16 '_t;-�` LLI U(Z-PT.5` ON POLESN C E -F';= I FAM �, 5; N \--'33r=FVA7r701V WEi L,5 C ON C_?, E TE -7-00 P)LE Ll�_W_ Z _ 400 WA7 7' F I X -, D;,_t MET/AL GkAQ� 7 72 SINGLE NEON TU13ES ON CONC-9-ST-E-r7eAr� WEST/SOUTH kriF --7 KOLLM:t , ,,AT E 1 0 r ew cc Dp 5 TOF z%G E PfDDIT op up ANNEX 5- 11lccll(i4c oi::,<A 6 POLE c HT W1 ROOF, Z.- 400 WATT rIXTUKE5 ? WIN I ', APR 2 7 1999 lgg!- Boume Consuftino Ei9weering 4- M ............. . . . . . . . . . . . . . . . AS 4 . State of Vermont Department of Fish and Wildlife Deoartment of Forests, Parks and Recreation Department of Environmental Conservation State Geoiogist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0 1 95 Voice>TDD MR. GARY BOURNE BOURNE'S SERVICE CENTER 760 SHELBURNE ROAD SOUTH BURLINGTON, VERMONT 05403 RE: Petroleum Contanli;lation at Bourne's Service Center South Burlington, Vermont SMS Site # 98-2368 Dear Mr. Bourne: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Waste Management Division 103 South Main Street/West Office Waterbury, Vermont 05671-0404 (802)241-3888 FAX (802) 241-3296 June 14, 1998 The Sites Management Section (SMS) has received the Underground Storage Tank (UST) closure report which outlines the subsurface conditions for the above referenced site. The fieldwork was conducted by Marin Environmental, Inc. on April 14 through April 17, 1998. The report is dated April 27, 1998 and summarizes the degree and extent of contamination encountered. The USTs removed include: • UST #1 - 8,000 gallon gasoline UST • UST #2 - 10,000 gallon gasoline UST • UST #3 - 6,000 gallon gasoline UST • UST #2 - 4,000 gallon diesel UST During the site activities, screened soils had concentrations up to 1,616 parts per million (ppm) as measured by a photoionization detector (PID). The peak PID readings were measured at depths of 1 to 7 feet below ground surface (fbgs) in the vicinity of the pump islands. The limits of soil cont=iradon were not defined. All soil was used for backfill at the conclusion of the UST removal program. Site soils consisted of primarily medium to coarse sand and gravel. Groundwater was encountered at a depth of approximately 5 fbgs. Visual observations of groundwater during the UST removal did not exhibit signs of contamination (e.g. free -product or sheens). The Bourne's Service Center was inspected for sensitive receptors. The possible receptors potentially affected include groundwater, basements of adjacent buildings, and utilities corridors. Based on the report information, the SMS has determined additional work is necessary to determine the severity of contamination. Due to possible contamination to nearby receptors, the SMS requests that Bourne's Service Center retain the services of a qualified environmental consultant to perform the following: Chlorine Free 100% Recycled Paper Regional Offices - Barre/Essex Jct./Pittsford/Rudand/N. Springfield/St.*Johnsbury Mr. Gary Bourne Bourne's Service Center Page 2 ❑ Further define the degree and extent of contamination to the soil. ❑ If appropriate, determine if the airspace beneath the site and site adjacent building(s) (e.g. basements) has been impacted by the release using a PID. Wall and floor construction and susceptibility to vapor migration should be noted. PID measurements should be made in cracks and/or joints likely impacted. If the airspace has been impacted, SMS requests confirmatory sampling and laboratory analyses be performed using EPA Method TO-2. ❑ Determine the degree and extent of contamination, if any, to groundwater. A sufficient number of monitoring sites should be installed to adequately define the severity of site contamination. Analyze groundwater samples for TPH, BTEX and MTBE. At sites proximal to water supply sources, determine the hydrologic relationship of the contaminated area to the water supply source. Pumping influences should be considered in the evaluation. ❑ Assess the potential for contaminant impact on sensitive receptors. Base this update on all available information and include basements of adjacent buildings, nearby surface water, any proximal drinking water sources, wetlands, sensitive ecologic areas, outdoor or indoor air, sewers, or utility corridors. Sample and analyze any at -risk water supplies for BTEX, TPH and MTBE compounds. ❑ Determine the need for long-term treatment and/or monitoring that addresses groundwater contamination. ❑ Develop a plan to treat and/or monitor the stockpiled soils. The soils must remain located in an area such that they have a low potential to impact nearby receptors. The soils must also remain properly encapsulated in plastic. The plan should demonstrate that child and public access to the soils is sufficiently restricted. If the soil pile is located in an area subject to public activity and where public access is unrestricted, the soil pile should be surrounded by fence. The fence should be no less than 3 feet in height and of durable construction; ❑ Submit a summary report that outlines the work performed, as well as provides conclusions and recommendations. As appropriate include analytical data; a site map showing the location of any potential sensitive receptors, stockpiled soils and monitoring or sample locations; an area map; detailed well logs; and a groundwater contour map. ❑ As soon as practical, submit a site location map at an approximate scale of 1:24000 showing the location of the site. Please include a scale, a north arrow, the SMS site number, and a citation of the source map. The purpose of this map is to enable the SMS to enter the site location into a Geographical Information Systems database. Mr. Gary Bourne Bourne's Service Center Page 3 Please have your consultant submit a preliminary work plan and cost estimate or a site investigation expressway notification form within fifteen days of your receipt of this letter, so it may be approved prior to the initiation of onsite work. Enclosed please find a list of consultants who perform this type of work as well as the brochure "Selecting Your UST Cleanup Contractor," which will help you in choosing an environmental consultant. Based on current information, the underground storage tanks at Bourne's Service Center are eligible for participation in the Petroleum Cleanup Fund (PCF). You must provide written proof to the SMS that you hold no other applicable insurance in order to receive reimbursement from the PCF. The owner or permittee must pay for the removal and/or repair of the failed tank(s), and for the initial $10,000.00 of the cleanup. The fund will reimburse the tank owner or permittee for additional eligible cleanup costs of up to $1 million. All expenditures must be pre -approved by the Agency or performed in accordance with the "Site Investigation Guidance" expressway program. Please refer to the enclosed guidance document titled, "Procedures for Reimbursement from the Petroleum Cleanup Fund" for additional information concerning the PCF. The Secretary of the Agency of Natural Resources reserves the right to seek cost recovery of fund monies spent at the Bourne's Service Center site if the Secretary concludes that Bourne's Service Center is in significant violation of the Vermont Underground Storage Tank Regulations or the Underground Storage Tank statute (10 V.S.A., Chapter 59). We realize this may be a lot to absorb and respond to. We are here to help make this process as effective and uncomplicated as possible. Please review the enclosed documents and call me with any questions you may have. I can be reached at (802) 241-3876. Sincerely, Chuck Schwer, Supervisor Sites Management Section Enclosures (3) cc: South Burlington Selectboard w/o enclosure South Burlington Health Officer w/o enclosure J DEC Regional Office w/o enclosure / Brent Deshaies, Marin Environmental, Inc. w/o enclosure (transmitted electronically) ✓ CS: rgb H: \Myfiles\I12368.wpd 7��o u6d �or- S�F � /8 5�o/yvC06 / I/, Y5-- 1 * is 5-v _16v / /�-_ 7-�,- 7011,0 K SrirlibURNh NUAD 1N'1'hh.'Jh :'1'10N 1MVXUVhP1riN'1' VUNMULA UNDEVELOPED ACRES ZONING NUMBER OF NEW TRIPS 458.76 128.44 96.99 684.19 acres R1, R4 and AgRR C1 C2 (P.M. PEAK HOUR) 768 8224 to 13,091 6210 to 9,886 15,202 to 23,745 at total build out Assume a ten year build out period with one fifth in two years.. Therefore, there will be 3040 to 4749 new p.m. peak hour trips added to Shelburne Road in two years or an average of 3895 by, splitting the difference. The total improvement package for off -site spot improvements is estimated at $100,000. (see attached cost estimates) Formula: # of new PM Peak Hour Trip ends / 3895 = % x $100,000 = FEE EXAMPLE: Lakewood Associates 310 new p.m. peak hour trip ends / 3895 = 7.95% x $100,000 = $7959 FEE. 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 6, 1993 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Re: Retail Use, 760 Shelburne Road Dear Mr. Bourne: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please respond to these comments, if appropriate, with additional information and/or revised plans by no later than Thursday, December 30, 1993. If you have any questions, please give me a call. Sinc ely, Raymbnd 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. Belai , Zoning and Planning Assistant Re: Preliminary Comments, January 11, 1994 agenda items Date: December 6, 1993 GARY BOURNE - ADD RETAIL USE TO SERVICE STATION - SITE PLAN --- ITE Trip Generation Manual estimates that adding this retail use to a service station will increase P.M. peak hour trip ends by 9. Service station use currently far exceeds the trip end limits, therefore, the only way the Planning Commission can approve this application is if they find that the applicant is making a change which will result in a net benefit to traffic flow, or applicant must show that trip ends will not increase. --- provide size of lot. --- plan should show a minimum of 11 parking spaces including one (1) handicapped space. --- plan should show dumpsters, dumpsters must be screened. --- plan should show all existing and any proposed exterior lighting locations, applicant should provide lighting details including types, wattage, etc. --- access to service annex to the east should be labeled. INVESTORS CORPORATION OF VERMONT - OFFICE/WAREHOUSE - SITE PLAN --- for phase 1, provide the following: square footage of office, number of non -office employees and number of company vehicles operating from the premises. --- indicate the landscaping to be planted with each phase. Landscaping for each phase must be consistent with the const ruction cost of each phase. --- show building mounted and pole lights for phase II, if any and indicate wattage to be used. --- site plan approval is valid for six (6) months with a six month extension approval by the Planning Commission. If the applicant does not anticipate starting construction on phase 2 within one (1) year of approval, he should apply for a multi -phase project under Section 20.302 of the zoning regulations. The applicant should indicate the length of time being requested. This request should be made in writing. --- landscaping proposed is $4,225 short of the $14,500 requirement. Applicant should increase size of proposed plantings or propose additional plantings. Plantings to be STACKPOLE & FRENCH ATTORNEYS AT LAW DAVID B. STACKPOLE TEL. (802) 253-7339 PO, BOX 819, 255 MAPLE STREET EDWARD B. FRENCH, IR. STOWE, VERMONT 05672 FAX (802) 253-7330 14 June 1994 Steven F. Stitzel, Esq. Stitzel & Page, P.C. 171 Battery Street Burlington, Vermont 05401 In Re: Gary Bourne/City of South Burlington Dear Steve, Enclosed please find the revised Sidewalk Easement Deed and Vermont Property Transfer Tax Return relative to the 760 Shelburne Road property. These docu- ments have been signed by both Gary Bourne and the Franklin-Lamoille Bank Please provide me with a copy of your forwarding letter to the City of South Burlington Clerk's Office when you send these documents for recording. Very truly yours, STACKPOLE & FRENCH LAW OFFICES Edward B. F?rench, Jr. EBF/kim enclosures cc: Gary Bourne 7 � b S k 3w tS J U N 17 1994 Stitzel & Paege, P.C. 1�a 9 R in Vol. 00 Pew'"_ t f�t11, �i ad wo SIDEWALK EASEMENT �,,04I,ALL MEN BY THESE PRESENTS that I, GARY J. BOURNE, of Raynham, Mas- a'c�usetts, Grantor, in the consideration of One and More Dollars, the receipt whereof is hereby acknowledged, hereby GIVE, GRANT, SELL, CONVEY AND CONFIRM unto THE CITY OF SOUTH BURLINGTON, a Vermont municipality located in the County of Chittenden and State of Vermont, Grantee, and its successors and as- signs, the perpetual right of way for the purpose of constructing and main- taining a sidewalk for public use, over, across and upon land located in the City of South Burlington, County of Chittenden and State of Vermont, and described as follows, viz: Being an irregularly shaped strip of land, that varies in width from 5 feet to 8 feet, located along the northerly boundary of Grantor's property, which strip is more particularly described as follows: Commencing at the point which marks the northeasterly corner of Grantor's property; thence proceeding in a westerly direction along the northern boundary of Grantor's property, which boundary adjoins the Swift Street right of way, so-called, for a distance of 81 feet, more or less, to a point; thence turning to the left and proceeding in a south- westerly direction along the northwesterly boundary line of Grantor's property a distance of 15 feet, more or less, to a point; thence turning to the left and proceeding in an easterly direction 92 feet, more or - less, to a point located in the easterly boundary of Grantor's property; thence turning to the left and proceeding in a northerly direction along the easterly boundary of Grantor's property a distance of 5 feet, more or less, to the point or place of beginning. Being located on property commonly known as 760 Shelburne Road in the City of South Burlington, which was acquired by Grantor by Warranty Deed of Exxon Corporation, dated February 2, 1983, and recorded in Book 188, Pages 137-138 of the City of South Burlington Land Records. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said sidewalk, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and tem- porary construction easement shall be restored to their condition prior - to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors, that it will indemnfiy and hold Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right of way not attributable to acts of the STACKPOLE &FRENCH Grantor. LAW OFFICES P. O. BOX 819 STOWE. VERMONT OS672 (802) 2S3-7339 1 STACKPOLE &FRENCH LAW OFFICES P. 0. BOX 819 STOWE, VERMONT 05672 (802) 253-7339 For purposes of construction, a temporary easement and right of way five (5') feet wide on the southerly side of said permanent easement and right of way is hereby granted. Said temporary easement and right of way shall expire once construction is completed and the sidewalk is open to the public. TO HAVE AND TO HOLD the above granted and privileges, in, upon and over said premises, unto and to the use of the said Grantee, its successors and as- signs forever; AND I the said Grantor, GARY J. BOURNE, for myself and my heirs, -ex- ecutors and administrators, do covenant with the said Grantee, its successors and assigns, that Grantor is lawfully seized in fee simple of the granted premises, that Grantor has good right to and title sell and convey the rights as aforesaid, and will WARRANT AND DEFEND the same to the Grantee, its succes- sors and assigns, forever against the lawful claims and demands of all per- sons. J � IN WITNESS WHEREOF, I hereunto set my hand and seal this 3A day of -May, 1994. IN PRESENCE OF: COMMONWEALTH OF MASSACHUSETTS Zr/ (L.S.) G r J. Bourne x; _A"' t�I, COUNTY, SS. At MM this 3 Ji, day AV, 1994, Gary J. Bourne personally appeared, a d he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, Z", 0. S E A L Notary Public My Commission Expires:— '3 - 3 t - 9.3' Vef';j4}i . 1; rN 2 q 1 � RELEASE OF MORTGAGE The Franklin-Lamoille Bank joins in this conveyance for the sole purpose of releasing the above -described easement parcel from the lien of the mortgage from Gary J. Bourne to Franklin-Lamoille Bank, dated June 19, 1992, and re- corded in Book 326, Pages 5.3-56 of the City of South Burlington Land Records.. IN WITNESS WHEREOF, e&I"CZ /�, duly authorized agent of the Franklin-Lamoille Bank, and acting on its behalf, has hereunto set his hand and seal and the hand and seal of the Franklin-Lamoille Bank this day of _btio-y, 1994. Ju re— By: FRANKLIN-LAMOILLE BANK thorized Agent STATE OF VERMONT LAMOILLE COUNTY, SS. At Mo isvil e, Vermont, this day of ttay, 1994, personally appeared ._(. signer and sealer of the foregoing written instrument, and acknowledged the same to be his free act and deed and�irf free act and deed of the Franklin-Lamoille Bank. Before me, v VVW S E A L Not7777: My Commission Expires Recorded in VW. an page. 9 urtbigton Land Recur 1 ��M ftyw* A FiCard COV STACKPOLE & FRENCH LAW OFFICES P. O. BOX 819 STOWE. VERMONT 05672 (602) 253-7339 3 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE (*ALSO ADMITTED IN N.Y.) Mr.. Ray Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Gary Bourne Dear Ray: (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 F 2, QA IL; F RM2555;u A 1L.COM December 18, 1997 OF COUNSEL ARTHUR W. CERNOSIA Enclosed please find the original executed Sidewalk Easement Deed and Vermont Property Transfer Tax Return relative to the above -referenced matter. Please don't hesitate to call if you have questions. Thank you. Very., truly yours, Joseph S. McLean JSM/dah Enclosures City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 17, 1994 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Re: 760 Shelburne Road Dear Mr. Bourne: ZONING ADMINISTRATOR 658-7958 In your letter to me dated May 4, 1994 you stated that you would complete the dumpster enclosure and install the new light fixtures within six (6) weeks. Six (6 ) weeks have passed and this work has not even begun. You also indicated that the curb opening would be reduced with temporary concrete curbs. This also has not been done. This work must be done immediately or face legal action by the City of South Burlington. Sin r ly, -, 47- &t'� ay and J. Belair, Zoning and Planning Assistant RJB /mcp 1 t 1 '-t _ _ 1 V _ . _ _ _ r . _, Raymond Beiair Planning & Zoning Department 575 Dorset Street South Burlington, Ott OS403 RE:760 Shelburne Road Texaco St:atiork Dear Ray; Per our c z7nver ati n on the work its Grn�r"r'`.: G,, this Texaco; Ttie dump'st:er° enclosure &K light fixtures will 9c forward in th,f-- next 6 weeks. The CUrb opening will be reduced with temporary curbs Until the permanot: curb is installed. The sideway; �?.nd tank- field repipe ,jobs will be combined (unless t` o highway departm~: nt i s tvi I i i rack to go ahead with the rest of they sidewalk soorier) as unin int, to begin, by SeptL*mbpr 7th 1994. Si r,r-ar el y 2-aAyourne 1023 Droadwaly Raynham,MA 02767 (509)-947-76e5 STACKPOLE & FRENCH LAW OFFICES P.O. BOX 819 STOWE VERMONT 05672 (802) 253-7339 SIDEWALK EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS that I, GARY J. BOURNE, of Raynham, Mas- sachusetts, Grantor, in the consideration of One and More Dollars, the receipt whereof is hereby acknowledged, hereby GIVE, GRANT, SELL, CONVEY AND CONFIRM unto THE CITY OF SOUTH BURLINGTON, a Vermont municipality located in the County of Chittenden and State of Vermont, Grantee, and its successors and as- signs, the perpetual right of way for the purpose of constructing and main- taining a sidewalk for public use, over, across and upon land located in the City of South Burlington, County of Chittenden and State of Vermont, and described as follows, viz: Being a five (51) foot wide right of way for sidewalk purposes, located immediately adjacent to the boundary of the existing Town Highway right of way bordering the following premises: Being a portion of the property commonly known as 31 Swift Street in the City of South Burlington, which was acquired by Grantor by Warranty Deed of V/M Realty Partnership, dated June 19, 1992, and recorded in Book 326, Page 49 of the City of South Burlington Land Records. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said sidewalk, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and tem- porary construction easement shall be restored to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors, that it will indemnfiy and hold Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right of way not attributable to acts of the Grantor. 1 STACKPOLE & FRENCH LAW OFFICES P.O. BOX 819 STOWE VERMONT 05672 (802)253-7339 For purposes of construction, a temporary easement and right of way five (5') feet wide on the southerly side of said permanent easement and right of way is hereby granted. Said temporary easement and right of way shall expire once construction is completed and the sidewalk is open to the public. TO HAVE AND TO HOLD the above granted and privileges, in, upon and over said premises, unto and to the use of the said Grantee, its successors and as- signs forever; AND I the said Grantor, GARY J. BOURNE, for myself and my heirs, ex- ecutors and administrators, do covenant with the said Grantee, its successors) and assigns, that Grantor is lawfully seized in fee simple of the granted premises, that Grantor has good right to and title sell and convey the rights as aforesaid, and will WARRANT AND DEFEND the same to the Grantee, its succes- sors and assigns, forever against the lawful claims and demands of all per. - sons. IN WITNESS WHEREOF, I hereunto set my hand and seal this day of February, 1994. IN PRESENCE OF: L, (L.S.) G r J. gourne STATE OF VERMONT LAMOILLE COUNTY, SS. At Stowe, this day of February, 1994, Gary J. Bourne personally ap- peared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, S E A L Notary Public My Commission Expires: 2 VERMONT PROPERTY TRANSFER AX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 (PLEASE TYPE OR PRINT CLEARLY) SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. Gary J. Bourne 1023 Broadway, Ra nham, MA 02767 009-40-6186 BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. City of So. Burlington 575 Dorset Street South Burlington, VT 03-6002712 PROPERTY LOCATION (Address In full) DATE OF CLOSING 31 Swift Street, South Burlington, Vermont 2/ /94 INTEREST IN PROPERTY 1. ❑ FEE SIMPLE 3. ❑ UNDIVIDED 1/2INTEREST 5. ❑ TIME-SHARE ESTATE 7. ❑X EASEMENT 2. ❑ LIFE ESTATE 4. ❑ UNDIVIDED % INTEREST 6. ❑ LEASE 8. ❑ OTHER FRONTAGE AND DEPTH TOTAL ACREAGE BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. ❑ NONE 5. ❑ BARN 9.0 STORE 2. ❑ FACTORY 6. ❑ MULTI -FAMILY WITH ( INSERT ) DWELLING UNITS 10 ❑X OTHER sidewalk TRANSFERRED 3. ❑ SINGLE FAMILY DWELLING 7. ❑ MOBILE HOME NUMBER DESCRIBE 4. ❑ CAMP/VACATION HOME 8. ❑ CONDOMINIUM WITH INSERT UNITS TRANSFERRED easement ( ) NUMBER CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMP/VACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9. Z OTHER sidewalk DESCRIBE DE C� RIBE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6, ❑ GOVERNMENT USE 8. ❑ INDUSTRIAL easement DESCRIBE RIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): . El PRIMARY RESIDENCE 3. ElCAMP/VACATION 5. El OPERATING FARM 7. El COMMERCIAL 1).ElOTHER sidewalk DESCRIBE DESCRIBE . El OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. El INDUSTRIAL easement DESCRIBE jFF ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, orest, Farmland or Working Farmland Tax Abatement Use Value Appraisal Programs)? El Yes [`!� No TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, Nand 0 BELOW. Easement Deed TOTAL WPRICE PAID FOR • PRICE PAID FOR PRICE PAID $ -0- PERSONAL PROPERTY $ _ REAL PROPERTY $ IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE ENTER FAIR MARKET VALUE ON LINE 0 AND DESCRIBE THE CIRCUMSTANCES: -e- TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS 1 $ -0- DATE SELLER ACQUIRED 6 / 19 / 9 2 - IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET 10 CONTINUE ON REVERSE SIDE THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWN/CITY DATE OF RECORD BOOK NUMBER PAGE NO. _ LISTED VALUES _ _ GRAND LIST OF 19 PARCEL ID OR MAP NO. GRAND LIST CATEGORY ACKNOWLEDGEMENT TOWN NUMBER RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. SIGNED CLERK DATE Form PT-1 (12/92) RATE SCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions)............................................................ 1. a. $ b. Value of property enrolled In current use program...................................................................................................................... b. $ c. Value of qualified working farm...................................................................................................................................................... c. $ d. Add Lines 1(a), (b) and (c)............................................................................................................................................................... d. $ e. Tax rate.............................................................................................................................................................................................. e. 0.005 I. Tax due on Special Rate Property: Multiply Line 1(d) by Line 1(a)............................................................................................ f. $ 2. Tax on General Rate Property: a. Enter amount from Line O on front of return................................................................................................................................. 2. a. $ b. Enter amount from Line 1(d) of Rate Schedule above.................................................................................................................. b. $ c. Subtract Line 2(b) from Line 2(a).................................................................................................................................................... 0. $ d. Tax rate.............................................................................................................................................................................................. d. 0.012 e. Tax due on General Rate Property: Multiply Line 2(c) by Line 2(d)............................................................................................ e. $ 3. Total Tax Due: Add Lines 1(f) and 2(e) and enter here and on Line P on front of return................................................................................... 3. $ -0- FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: A. That they have Investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, If any, affecting the property. B. That the seller(s) advised the buyers) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer Is In compliance with or Is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property Is the subject of Subdivision Permit No. and Is In compliance with said permit, or 2. This property and any retained parcel Is exempt from the subdivision regulations because (see Instructions for exemptions): 9. Parcel to be sold: Exemption Number Number of acres b. Parcel retained: Exemption Number Number of acres Please contact the district office In your area to determine compliance with Act 250. (See map on page 26.) Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon Is In compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act 2 0), for he following reason: 1. This property is the subject of Act 250 Permit No. and Is In compliance with said permit, or 2. This property Is exempt from Act 250 because: (list exemption number from Instructions) E. That this transfer does/does not (strike one) result In a partition or division of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk. WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont Income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer, OR that the transfer is exempt from Income tax withholding for the following reason (check one): ❑ 1. Seller(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale. ❑ 3. Buyer(s) certifies that this is a transfer without consideration. (See instructions for Form REW-1.) ❑ 4. Seller(s) is a mortgagor conveying the mortgaged property to a mortgagee In a foreclosure or transfer In lieu of foreclosure, with no additional consideration. WE HEREBY WEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE. E ER(S),SIGNATURE(S) DATE BUYER(S) SIGNATURE(S) DATE 2/ /94 City of So. Burlington "ry J Bourne By: 2/ /94 Duty 7—ut—F—ori-zed Agent � Preparer'sSignature � Prepared by Stackpole & French P.O. Box 819 Preparer'sAddress Stowe, Vermont 05672 Buyer's Representative Tel. (Print or Type) Keep a copy of this return for your records. STACKPOLE & FRENCH LAW OFFICES P.O. BOX 819 STOWE VERMONT 05672 (802)253-7339 � a SIDEWALK EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS that I, GARY J. BOURNE, of Raynham, Mas- sachusetts, Grantor, in the consideration of One and More Dollars, the receipt whereof is hereby acknowledged, hereby GIVE, GRANT, SELL, CONVEY AND CONFIRM unto THE CITY OF SOUTH BURLINGTON, a Vermont municipality located in the County of Chittenden and State of Vermont, Grantee, and its successors and as- signs, the perpetual right of way for the purpose of constructing and main- taining a sidewalk for public use, over, across and upon land located in the City of South Burlington, County of Chittenden and State of Vermont, and described as follows, viz: Being a five (5') foot wide right of way for sidewalk purposes, to be located on a section of the following premises mutually agreed upon be- tween the Grantee and the Grantor: Being a portion of the property commonly known as 760 Shelburne Road in the City of South Burlington, which was acquired by Grantor by Warranty Deed of Exxon Corporation, dated February 2, 1983, and recorded in Book 188, Pages 137-138 of the City of South Burlington I.,and Records. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said sidewalk, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and tem- porary construction easement shall be restored to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors, that it will indemnfiy and hold Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right of way not attributable to acts of the Grantor. 1 STACKPOLE & FRENCH LAW OFFICES P.O. BOX 819 STOWE VERMONT 05672 (802)253-7339 For purposes of construction, a temporary easement and right of way five (51) feet wide on the southerly side of said permanent easement and right of way is hereby granted. Said temporary easement and right of way shall expire once construction is completed and the sidewalk is open to the public. TO HAVE AND TO HOLD the above granted and privileges, in, upon and over ;aid premises, unto and to the use of the said Grantee, its successors and as- 5igns forever; AND I the said Grantor, GARY J. BOURNE, for myself and my heirs, ex- ecutors and administrators, do covenant with the said Grantee, its successors and assigns, that Grantor is lawfully seized in fee simple of the granted premises, that Grantor has good right to and title sell and convey the rights as aforesaid, and will WARRANT AND DEFEND the same to the Grantee, its succes- sors and assigns, forever against the lawful claims and demands of all per- sons. IN WITNESS WHEREOF, I hereunto set my hand and seal this _ day of February, 1994. IN PRESENCE OF: h � / 9 Gay Bourne ISTATE OF VERMONT LAMOILLE COUNTY, SS. At Stowe, this day of February, 1994, Gary J. Bourne personally ap- peared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, i. UA S E A L Notary Public My Commission Expires: 0 2 PLANNING COMMISSION CITY OF SOUTH BURLINGTON Re: APPLICATION FOR GARY BOURNE This matter came before the South Burlington Planning Commission pursuant to the provisions of Section 19.10 of the South Burlington Zoning Regulations on application of Gary Bourne, hereinafter "Applicant" for approval to convert 807 square feet of space within a 2100 square foot service station to convenience store use, 760 Shelburne Road, as depicted on a plan entitled "Site Plan, Gary J. Bourne" dated June, 1987, last revised 1/27/94. The Applicant was present at all the public meetings held relative to this application. Based on evidence submitted at the meetings and as part of the application, the Planning Commission hereby renders the following decision on this application: 1. This project consists of converting 807 square feet of a 2,100 square foot three (3) bay service station to a convenience store leaving two (2) bays and 675 square feet for auto repair and 554 square feet for storage and bathrooms. The Planning Commission approved an addition and canopy at this site on 1/26/88. The Zoning Board of Adjustment on 12/13/93 granted the applicant a conditional use permit for the multiple use. 2. This property located at 760 Shelburne Road lies within the C1 District. It is bounded on the north by Swift Street, on the east by a mixed use commercial building owned by the applicant, on the south by Pizza Hut, and on the west by Shelburne Road. 3. Access/circulation: Access is provided by a 40 foot curb cut on Shelburne Road and a 50 foot curb cut on Swift Street. Applicant is proposing to reduce the width of the Swift Street curb cut down to 40 feet. 4. Circulation on the site is occasionally inadequate. Staff has observed that the site is congested and circulation is difficult. 5. Parking: The existing and proposed uses require a total of 11 spaces and 17 are shown on the plan including one (1) handicapped space. The easterly most space along the southerly boundary should be eliminated since it will block access to a parking space and access to the service annex on the adjacent property. Staff has observed up to 30 vehicles on the site at the same time. Available parking therefore appears inadequate for the parking demand generated. 6. Landscaping: The minimum landscaping requirement, based on building costs, is $90 which is not being met. The site was landscaped as part of the 1988 expansion. No additional landscaping proposed. 7. Traffic: This property is located in Traffic Overlay Zone 1 which allows this property to generate 7.1 P.M. peak hour trip ends. Based on I.T.E., the existing service station use is estimated to generate 60.72 vte's and the proposed service station with convenience market to generate 69.8 vte's for a 9.08 vte or 14.9% increase. 8. The Applicant submitted a discussion regarding trip generation which was prepared by Brendan Kelley of FitzPatrick-Llewellyn, Inc. Mr. Kelley agrees that the project will increase peak hour trip generation by 9 vte's. Mr. Kelley points out several improvements regarding access/circulation which were done on the site in 1987 and 1988. He states that these improvements offset the 9 additional vte's. CONCLUSIONS 1. The subject property is located in Traffic Overlay Zone 1 as defined in Section 17.20 of the South Burlington Zoning Regulations. The Traffic Overlay Zone limits the peak hour trip end generation for this property to 7.1 trip ends during the P.M. peak hour. The current use is estimated to generate 60.72 vte's and the proposed use will add 9.08 vte's for a total of 69.8 vte's. Section 17.50 of the zoning regulations allows the Planning Commission to approve peak hour traffic volumes above the normal standard if it determines that other site improvements will produce a net benefit for traffic flow in the vicinity. In making its determination, the Commission may consider the requirements contained in Sections 17.501 through 17.504. The Planning Commission concludes that: a) Section 17.501 is not met since this proposal does not include a Planned Commercial Development. b) Section 17.502 is not met since reducing the width of the curb cut on Swift Street by 10 feet is insufficient in relation to any improvement which would result for traffic flow in the vicinity. This property is located near a very busy intersection where traffic queues often extend beyond the driveways serving the subject property. This creates a dangerous and unsafe condition for traffic entering and exiting the site and for traffic in the vicinity. c) Section 17.503 is not met since information on traffic volumes and effect on levels of service at nearby intersections was not provided. d) Section 17.504 is not met since the proposed change in use will result in a peak hour trip generation higher than existing conditions which already exceeds the allowable limits and the access management improvement proposed as part of this application is insignificant. 2. Section 19.104, Landscaping Requirements, of the zoning regulations requires the Applicant to provide additional landscaping with a minimum value of 3% of the development cost. The minimum landscaping requirement for this project is $90 which is not being met since no additional landscaping is proposed. The Planning Commission concludes that the requirements of Section 19.104 of the zoning regulations are not being met. 3. Section 19.102b, Circulation, requires adequate traffic movement patterns on the site. The site has been observed with up to 30 vehicles on the site resulting in inadequate circulation. The Planning Commission concludes the requirements of Section 19.102b of the zoning regulations are not being met. 4. Section 19.102c, Parking, requires that adequate parking be provided on the site. The site has been observed with many more vehicles than the available parking spaces can accommodate thereby creating an unsafe condition. The Planning Commission concludes that the requirements of Section 19.102c of the zoning regulations are not being met. T)EC'TRMN Based on the above Findings of Fact and Conclusions, the South Burlington Planning Commission hereby denies the Applicant's request to convert 807 square feet of space within a 2100 square foot service station to convenience store use at 760 Shelburne Road for the following reasons: 1. The application does not comply with or satisfy the requirements of Article XVII, Traffic Overlay District, of the zoning regulations. The proposed conversion will result in an increase of 9.08 vehicle trip ends (vte's) above current conditions which already exceed the allowable limit by 52.62 vte's. 2. The application does not comply with or satisfy the requirements of Section 19.104, Landscaping Requirements, of the zoning regulations. A minimum of $90.00 worth of additional landscaping is required and no additional landscaping is proposed. 3. The application does not comply with Section 19.102b of the zoning regulations. The site currently experiences inadequate circulation and the proposed conversion will aggravate the situation. 4. The application does not comply with Section 19.102c of the zoning regulations. The site does not provide an adequate number of parking spaces for the number of vehicles currently using the site. This situation will be made worse with the proposed conversion. Dated this Vermont day of February, 1994 at South Burlington, Chairman or Clerk South Burlington Planning Commission STIT7.EL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) STEVEN F. STIT7.F.L FAX (802) 660-2552 PArrl R. PAGE* OF COUNSEL. ARTHUR W. CERNOSIA DIANNE L. KF.NNF.Y I{OBERT E. FI.ETCHER (*ALSO AOM17` ED IN N.Y.) May 16, 1994 Edward B. French, Jr., Esq. Stackpole & French PO Box 819 Stowe, VT 05672 Re: Gary Bourne Site Plan 760 Shelburne Road Dear Ed: I have reviewed the attached Sidewalk Easement Deed for 760 Shelburne Road. Given the location of this easement on the subject property (I have attached a copy of the relevant site plan), I propose modifying the description of the easement as follows: Being an irregularly shaped strip of land, that varies in width from 5 feet to 8 feet, located along the northerly boundary of Grantor's property, which strip is more particularly described as follows: Commencing at the point which marks the northeasterly corner of Grantor's property; thence proceeding in a westerly direction along the northern boundary of Grantor's property, which boundary adjoins the Swift Street right of way, so- called, for a distance of 81 feet, more or less, to a point; thence turning to the left and proceeding in a southwesterly direction along the northwesterly boundary line of Grantor's property a distance of 15 feet, more or less, to a point; thence turning to the left and proceeding in an easterly direction 92 feet, more or less, to a point located in the easterly boundary of Grantor's property; thence turning to the left and proceeding in a northerly direction along the easterly boundary of Grantor's property a distance of 5 feet, more or less, to the point or place of beginning. Edward B. French, Jr. May 17, 1994 Page 2 If this is acceptable to you, please have the Easement prepared in final form and return to me along with a transfer tax return. Very truly yours, A3- 11 T Steven F. Sti 1 SFS/mld Enclosure cc: Raymond Belair SON1404.cor #2500 MR-12-94 T11U 13:42 P. 02/03 � DRAF. ST.ACKPOLE S FRENCH lnw Utr[Cth J'.O BOx 919 STOWE VERMONT 0:672 (602)253•73f9 SIDEWALK EASPL.MRNT DEED KNOW ALL MEN BY THESE PRESENTS that 1, GA_RY J. BOURNE, of. Ravr_ham, Mas- sachus,�tts, Grantor, in the consideration of One and More Dollars, the receipt whereof i.5 hereby acknowledged, heret)y C;IVE, GER&NI T, SELL,, CONVEY AND CONFIRM L:nlo ThE i.,I'r*l' OF SOUTH BLTR�.INGTON, a Vermo„t m1.1r11.c:,ipaiity located in the Cuunok.y 7 h,hit.t&11.i0111 and State of V':rmont, fir.antee, and its stien.c._,sors and as- :'. ":e? t uaI righ 4 of 4.;o y fn r ti::' of const rue:'t.l f1g,, :l.nd m alfl- tairllnj a sidewalk for pilb!.Lc u5r, Ovf,.L iquo'. i'irl:l loo.med in tli City of South Aurlirigtor�, County of Chitte.rldec1 :and State of V,^..,: (;:;,. arid, described as follows, viz: Being 3 ;trip of land, five (5') feet in uniforn• width, which extends aeY•dSS the northerly boundary in.,e. of Crantol•'s property and adjoins tht r�it:ht of way line, for, so -celled, i.r, the G:ir.y of South Burlinston. The location of this ricnt of wa has been desi_grtat.ed and accepted by the City of South Burlington. Being located on property cormnonly known as 760 Shelburne road in the City of South Burlington, which was acquired by Grantor by Warranty Deed of Exxon Corporation, dated February 2, 1983, and recorded in Look 188, Pagpos 1311-138 of the City Of Sc:l.tth 31urlin c.on LaTid Records. Grantee, its successors and assi-Vis, st'ai l ;have the r_tght to contiitruct, reconst-rucL, repair, maintain, replace, patrol., level, rill drain and pave said sidewalk, including all necessary bridges, culvevts, cuts and ra:mps, at its sole cost alid expense. Grar.tr_e further agrees, for itself and its successors and a:;signs, that any premises affected by ics entry pursuant ro this easement and te.i- purary constructicn easement shall be restored to thew condition prior to such entry at its own cost and wit`;irl a reasonable tzrr[e. Grantee agrees, for itself and its successors, that it will i.nderrnfi,y and hold Grantor harmless, to tine full li".flits of liability insul•anc.e that it customarily maintain_:,, for and in iu.ry o, da:i,a.ep r•eso:1.1 in- 1 mfiy_12_y4 1NU l.S:4i F. U3/U3 STACKPOLESrRENCH I.AW QFF)CES P.O. sox 6) 9 STOWS VERMONT 05672 (yuS) 4j-7J44 I the public use of said right of way not. �'rarttor. at t r-ibutable to acts of the For purpose,, of construction., a ter:,porary easement and right of way five (S' ) feet wide oil the southerly side of said perrr(arient easement and riG>Zt of way is hereby ,granted. Said 'temporary easement and. right of t,,%y shall expire oTice construction is completed a!id the side -walk is open to the public. TO 14AVE AND TO HOLD the above granted ind privile©es, in, upon httd over unto and to the use of the said Grantee, its successors and a5- signs forever; A,Nn T the said Grantor, GARY J. BOURNE, for myself and any heirs, ex- ecutors and administrators, do r.ovenant with the said Grantee, its successors and assigns, that Grantor is lawfully seized in fee simple of the granted premises, that Grantor has good right to and title sell and convey the rights as aforesaid, and will WARRANT AND DEPEND the saire to the Grantee, its succes- sors and assigns, forPver against the lawful claims acid demands of all per- sons, IN WITNESS WHRREOF, I hereunto setmy hand and seal this day of M,iy, 1994. TN PRESENCE OF: Gary J. Bourne STATE, OF vEmNT COUNTY, SS, U.S. ) At , this day of May, 1994, Gary J. Bourne personally appeared, and he acknowledged this irtst.ru:aent, by hie.: sealed and subscribed, to be h-i.S free act and deed.. Before me, S E A L Notary Public My Commi»i.on E:;�sires: 1� nhy-1z-a4 1HU 13;4e r, UI/UJ STACKPOLE & FRENCH ATTORNEYS AT LAW DAVID B STACKPOLE TEL (802) 253.7339 PO SOX 819, 255 MAPLE STREET EDWARD 9. FRENCH, IR, STOWE, VERMONT 05p72 FAX (802) 253.7330 3 May 1994 Steven F. Stitzel, Esq. Stitzel & Page, P.C. 171 Battery Street Burlinzton, Vermont 05401 In Re: Cary Bourne/City of South Burlington F _- Dear Steve, Enclosed please find a proposed draft SIDEWALK EASEMENT DEED prepared relative to the 760 Shelburne Road property. Please review this Deed and let me know if it meer,.s with your approval. Very truly yoLu.r,-:,, STACKPOLE & FRENCH LAW OFFICES Jam' � � 'f C-Award B r each , J i. . FP,F;1cir, enc1o_ure MAY City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 4, 1994 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Re: 760 Shelburne Road Dear Mr. Bourne: ZONING ADMINISTRATOR 658-7958 We have reviewed your revised site plan and find that it complies with the conditions of approval with one exception. The plan was supposed to be revised to show 16 parking spaces and it shows only 15 spaces. Please have the plan revised to add the two (2) spaces marked in red on the enclosed plan and eliminate the space which is crossed out. Please submit three (3) copies of this revised plan as soon as it is available. If you have any questions, please give me a call. Since ly, f 7 Raymond 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 March 16, 1994 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Re: Retail Use, 760 Shelburne Road Dear Mr. Bourne: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on February 8, 1994. Please note the conditions of approval including the requirement that a zoning/building permit be obtained within six (6) months of the approval date. If you have any questions, please give, -,me a call. r1 Joeq Weith, City Planner 1 Encl JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 8, 1994 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Re: Retail Use, 760 Shelburne Road Dear Mr. Bourne: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the February 8, 1994 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that you obtain a zoning/building permit within six (6) months. If you have any questions, please give me a call. 1i cere y, J Weith, Ci y Planner 1 Encl JW/mcp 2/8/94 MOTION OF APPROVAL efTiT111.05 I move the South Burlington Planning Commission approve the site plan application of Gary Bourne for conversion of 807 square feet within a 2, 100 square foot service station to convenience store use as depicted on a plan entitled "Site Plan, Gary J. Bourne, 760 Shelburne Road" and dated June, 1987, last revised 1/27/94, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This property is located within Traffic Overlay Zone 1 which limits the property to a generation of 7.1 vehicle trip ends (vte's) during the PM peak hour. Based on ITE trip generation rates, it is estimated that the existing use generates 60.72 P.M. peak hour vte's and that the proposed use will generate 69.8 P.M. peak hour vte's. The Planning Commission may approve traffic volumes above the normal standards if the Commission finds that other site improvements will produce a net benefit for traffic flow in the vicinity. It is the Commission's determination that the improvements listed below will result in a net benefit for traffic flow and therefore approves the project including the 9 additional peak hour trip ends. The improvements include: 1) reduction of the Swift Street curb cut from 50 feet to 40 feet, 2) replacement of existing high -intensity flood lights with downcasting and shielded fixtures, arid' 3) construction of a sidewalk and dedication of a sidewalk easement along the Swift Street frontage. e/ N� le #ri 7ti/rs `° sp1a i 3. Prior to issuance of a zoning/building permit, the applicant shall contribute $231 to the Shelburne Road Intersection Improvement Fund based on the additional 9 peak hour vte's estimated to be generated by this project. 4. The existing flood lights shall be removed and replaced with downcasting and shielded fixtures. Any change in existing lighting or new lighting shall consist of downcasting, shielded fixtures and shall be approved by the City Planner prior to installation. 5. The plan shall be revised prior to issuance of a zoning/building permit to show the changes listed below and shall require approval by the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner. a) Show 16 parking spaces. b) Show proposed exterior lighting and existing lighting to remain. c) The plan shall show the new sidewalk abu4t4-ng-.-the_..Sw1.ft St,reet --r-T�: ', The existing green strip shall be relocated u he- -new d) The plan shall show the new sidewalk continuous across the Swift Street driveway. e) Show existing sidewalk along entire Shelburne Road frontage. 6. The applicant shall be responsible Iror installing the sidewalk along the Swift Street frontage. The sidewalk shall be installed in accordance with City of South Burlington specifications. 7. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 8. Any changes to the site plan shall require approval by the South Burlington Planning Commission. (mo-gb) 2/8/94 MOTION OF APPROVAL BOURNE I move the South Burlington Planning Commission approve the site plan application of Gary Bourne for conversion of 807 square feet within a 2,100 square foot service station to convenience store use as depicted on a plan entitled "Site Plan, Gary J. Bourne, 760 Shelburne Road" and dated June, 1987, last revised 1/27/94, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This property is located within Traffic Overlay Zone 1 which limits the property to a generation of 7.1 vehicle trip ends (vte's) during the PM peak hour. Based on ITE trip generation rates, it is estimated that the existing use generates 60.72 P.M. peak hour vte's and that the proposed use will generate 69.8 P.M. peak hour vte's. The Planning Commission may approve traffic volumes above the normal standards if the Commission finds that other site improvements will produce a net benefit for traffic flow in the vicinity. It is the Commission's determination that the improvements listed below will result in a net benefit for traffic flow and therefore approves the project including the 9 additional peak hour trip ends. The improvements include: 1) reduction of the Swift Street curb cut from 50 feet to 40 feet, 2) replacement of existing high -intensity flood lights with downcasting and shielded fixtures, and 3) construction of a sidewalk and dedication of a sidewalk easement along the Swift Street frontage. 3. Prior to issuance of a zoning/building permit, the applicant shall contribute $231 to the Shelburne Road Intersection Improvement Fund based on the additional 9 peak hour vte's estimated to be generated by this project. 4. The existing flood lights shall be removed and replaced with downcasting and shielded fixtures. Any change in existing lighting or new lighting shall consist of downcasting, shielded fixtures and shall be approved by the City Planner prior to installation. 5. The plan shall be revised prior to issuance of a zoning/building permit to show the changes listed below and shall require approval by the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner. a) Show 16 parking spaces. b) Show proposed exterior lighting and existing lighting to remain. c) The plan shall show the new sidewalk abutting the Swift Street r.o.w. The existing green strip shall be relocated to the south of the new sidewalk. d) The plan shall show the new sidewalk continuous across the Swift Street driveway. e) Show existing sidewalk along entire Shelburne Road frontage. 6. The applicant shall be responsible for installing the sidewalk along the Swift Street frontage. The sidewalk shall be installed in accordance with City of South Burlington specifications. 7. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 8. Any changes to the site plan shall require approval by the South Burlington Planning Commission. (mo-gb) Ir 1/11/94 MOTION OF APPROVAL 1:1018140►1�1 I move the South Burlington Planning Commission approve the site plan application of Gary Bourne for conversion of 807 square feet within a 2,100 square foot service station to convenience store use as depicted on a plan entitled "Site Plan, Gary J. Bourne, 760 Shelburne Road" and dated June, 1987, last revised 12/93, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This property is located within Traffic Overlay Zone 1 which limits the property to a generation of 7.1 vehicle trip ends (vte's) during the PM peak hour. Based on ITE trip generation rates, it is estimated that the existing use generates 60.72 P.M. peak hour vte's and that the proposed use will generate 69.8 P.M. peak hour vte's. The Planning Commission may approve traffic volumes above the normal standards if the Commission finds that other site improvements will produce a net benefit for traffic flow in the vicinity. It is the Commission's determination that the improvements listed below, which were completed in 1987 and 1988, have resulted in a net benefit for traffic flow and therefore approves the project including the 9 additional peak hour trip ends. The improvements include: 1) reduction from 7 pumps to 4 pumps, 2 ) reduction of the Swift Street curb cut from 120 feet to 50 feet, and 3) curb cut improvements along Shelburne Road. 3. Prior to issuance of a zoning/building permit, the applicant shall contribute $231 to the Shelburne Road Intersection Improvement Fund based on the additional 9 peak hour vte's estimated to be generated by this project. s/,`(`� a� rzp�aeea$ Wi d��*'ncee�F,. , �3)efvres. 4. The existing flood lights shall bey, a-rdi- -�ar—to m n mi-zs -a --gl-awe }a4-nq ca--bey tom -_line. Anynew--cxarior--11�qhtYial1—e"easing--and —sh-deed a-nd--shall n-cat--cast-- i--lit beyond--thy-propertp� 4-ae. Any change in existing lighting or new lighting shall be approved by the City Planner prior to installation. 5. The plan shall be revised prior to issuance of a zoning/building permit to show the easterly most parking space along the southerly boundary removed. 6. The applicant shall install the sidewalk along the Swift Street frontage as required in the 1/26/88 approval. The sidewalk shall be installed in accordance with City of South Burlington specifications. 7. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. B. Any changes to the site plan shall require approval by the South Burlington Planning Commission. (mo-gb) q STACKPOLE a MENCr1 Low OFFIC95 PO BOX 819 STOW E V EKMO N r p; a 7? (802)25l•7719 SIDEWALK K�V EM NT DEED KNOW A.LI, MEN BY THESE PRF.S1ENTS that I, GARY J. BOURNE, of Raynham, Mas- sachusetts, Grantor, in the consideratioa of One and Move Dollais, the receipt ! whereof is hereby acknowledbed, herely GIVE GRANT, SELL, CONVEY SAND CONFIRM ! unto THE CITY OF SOUTH BETEL NGTON, a Vermont municipality locatNd a.,) the County of Ch3.tt.enden and State of Vermont, Grantee, and its successors and as- signs, the perpetual right of way fo'� the pucp.,se of covistructing and Main- taining a sidewalk for public use, ovs k , across anupon land located ire the City of South Burlington, County of C:hivr.eivle. - and ;sate of Verviont, and described as follows, viz: Being a five (51) foot wide right of way for sidewalk purposes, to be located on a section of the following prer,_P,ses mutually agreed upon be- tween the Grantee and the Grantor: Being a portion of the property commonly known as 760 Shelburne Road an the City of South Burlington, which was acquired by Granto,by Warranty Deed of Exxon Corporation, dated February 2, 1983, and recorded :in Book 188, pages 137-I36 of the City of South Burlington Lard Records. Grantee, its successors and assigns, sh,a, have the right to construct, reconstt-uct, repair, maintain, reljlace, p:�,trol, level, fill, drain and pave said sidewalk, including all necessary bridges, culverts, cuts and ramps, at its sole cost, and expense. Grantee further agrees, for itself and -Lt8 successors and assigns, that any premises affected by its en try pursuant to this easement and tem- porary construction easement skull be restored to their condition prior to such entry at its own cost an.i ; i.thirz .a reasonable time. Grant.?e agrees, for itself and its successors, that it will indem.nfzy ind hold Grantor harmless, to the full limits of liability insu'atice that it customarily maintains, an iaj-ji*y or damage resulting from the publi,e use of said right of way 1'-ct attrihutabl+- to acts of the Grantor. I 5TACKP` LE & FRENCH LAW Omcr'$ P.O. Box a19 STCwt vfPYOW OroT (8U,'.I 253-7339 For purpo ) of construction, a )erreut aTtd right of way fives (5') Feet wide on the southerly side or said pe(—nianent ease rfjent and right of way is hereby granted. SaLd tarriporary easement and right of way shall expire Once construction; is ^O�nplered and the sidewalk is open to the public. TO HAVE AND TO li()LD the above granted and pt-iviiegas, :in, upon and over said premises, unto and to the use of the said. Grantee, ics successors and as- signs forever; AND T the said Grantor, GARY J. BOURNE) for myself and my heirs, ex-. iQcutOrs and administrators, do covenant with the said Grantee, its successors land asSig.as, that Grantor is lawfully seized in fee simple of the granted premises, that Grantor has good right to and title sell and convey the rights as aforesaid, and will WAKWT AND DEPEND the same to the Grantee, its succes- sors and assigns, forever against the lawful claims and demands of all per- sons. IN WITNESS WHEREOF, I hereunto set my hand and seal this day of February, 1994. IN PREsENcE of,; Gary J. Bourne STATE OF VERMONT LALMOILL E COUNTY, SS. At Stowe, this day of February, 1994, Gaty J. Bourne personally ap- eared, and he aeR owledged this instru,r,ent, by him sealed and subscribed, to e his free act and deed. Before me, S E A L -- Notary Public My Coinmi.ssion Expires- 2 VERM0- r PROPERTY TR4N i _,f VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 0560q.f,4uf (PLEASE rfPc oR PAiNrCLEARL IS E'�,LER S (TRANSFEAOA,3) NA Gary J. ,Bourne C� C1 ty u; So. 5urljn; r_ CGMaL:TE M.ZLING AOORE$3 FO:.t: J'R�INQ 1023 Broadwa MPLETF MAIL; 575 Dorset Scree r. O a m, MA 1) 2 i FtR TAX RETURN L SECURITY No. OR YE R PRDPERTY LOCATION (Addrea4In lull) 760 Shelburne Road, a:;uth Burl;ngtarl LeCat, _* "-----DATE O_f CL�OSING �. I ih'ERFST !N PROPEp7Y nn 2/ /94 - ..,.._...�...,,,, t- n FEE SIMPLE 3. � UIJDIVIDEp I-? INTEREST S. ❑ TIME-SHARE ESTATE '. r� QASEMENT 2. �J C UFEESTATE d. UNt)IJIOcD _ ��%a INTEREST 5. Ll LEASE 8. L1 OTHER _ FRONTAGE AND DEPTH TOTALi,REA0 13UtLDINGS ON PROPERTY AT T E TIME O TTRANSFER ?CttECK ALL THAT APPLY). 1, L...l NONE S. iij BARN n 9.0 STORE 2. FACTORY 6, L_J MVLT!•FAMILY WITH { ,NSear ) OWELLJN.G UNITS r !�-I 3. SINGLE FAMILY DwEL�INd , ^' ."e5 "Rl+rywK>iRPrSO �OTHEA 8 idP_wa ik 7- 71 MOBILE HOME ocaCx,aE ! ❑ CAMP,VACA1,1014 HOME 8. 1 CONDOMINIUM WITH vBEa- easement ' nuM9eR } •(NITS TitAN3FFsaRED CHECK wHE*HER THE BUILDINGS w RE -"Eq _❑ OCCUPIED 7, RENTEC r � '.�'r�� 3S neNI L) Ar"£p SALT JWPRIMAAY USE OF PROPER i Y BEFDRE TRANSFER jCHECK� C1NE): PRIMARYRESICENCE a C_,JJ CAMP,VACATION 5. U CPEAA-rima FARM 7. COMM ERC1A___ 9, �OTHER a 2. OPEN LAND 4. TIMBEF.�sae ND a. GOVERNMENT USE 8. r INDUSTRIAL__- easement eesca ee PRIMAgY USE OF PROPERTY arTep TRANSFER {CHEC;; ONE'j:- 71 PRIMARY RESIDENCE S, Lr CAMPVACATION 5. G� OPERATING FARM 7. 171 CClAMa`fiCiAL._ s 9. � orHER sidewalLk 0lbCArac 2. t.,1 OPEN LAND 4, 0 TIMBERLAND B, GOVERNMENT""$. 1NC1US7AfAL_ a 15eA1C'nC IS ANY POR, ION OF THt LAND BEING CONV:YED SUBJECT rO A I:£N OR t,THE,� r1Eg-gIC FiUMS JN„` �eBCRr Foram, FA'MIand or Working Farmla,xt Tax Abatement USA Value Ap ralaai Pr Et? .r±APTER ?2a tiiF 92 V.S.A. {AQrtCralziraI, p Program ta}7 Yea Z. Np IF "R, N3FrR IS EXEM P7 pROM PROPERTY TRANSFER TAX, Ct? : tEMPT ON FSOtd i15TxUC7lONS dtiLh 'Cks?I.'£ SECTIONS M, N and 0 BELOW. 'a p ent eed TOTAL PRICEE PAID FOR • PRICE PAID S -0 PERSONAL PROPERTY f PRICE PAID FOR IF PRICE PAIO FOR REAL PRPcRTY IS LESS THAN FAIR MARKETVALUE REIL PROPERTY S ENTER FAIR MARKET VALUE ON 'LINE 0 AND DESCRIBE THE CIRCUMSTANCES:_, ""0040r.urr — - - __------ — TAX OVE: E ttar amount from rate ac`ad�ls on ra eree ilt i. COMPLe'E RATE SCNEDVLE v0u AL. 7k aN9F£R$ S +�DAT£SELLERACOUIREtl 2 21$3 -O- IF A VERMONT LAND GAINS TAX R€TUAN IS :NOT BEING ML-90, CITE £k£MP? It%N FA(,,%, 1N3T.k4C'9GtI3 OM , Au A OF THIS r300KLFY 10 . C NT, de ON REV`aRSE Sivej _ . THIS SECTION TG Be O,MPLETED BY TOIV' N OR CI T Y'CLERK rowNrclTY AC!(Nv?at;.tOG EMENT TOWN NUMBER CATS OF RECORD _ r RE-" L2" RECEIVED {,HC� UOlNG CEA-IOCATESAND. SLOK NUMBER PAGE NO, J-- IF REOJIRE0. A,-'" 5 J15:LOSUAE STATEMENT) L.'STED VA UE i -- --- GRAND UST OF t 9 AND rAX PAID. A EEt£MT) PARCEL IO OR MAP NO. SIGNED aAAND :i3T CATEGORY ----- CLERK DATE FormPT•,, (12,92) RATE SCHEDULE 1, Tax on Specie, Role Propsrry: A, valOb of purchaser's principal raa!oanca (not40 exceed OW,000) (Sea Instrvetlorle) t, a $ b. Vol is of Property enrolled In cuptem Lisa prograrn .- ................:,,,. ,.., ...,..,..,.. b. $ C. IVSI,-e of qualinod wcrking farm ........ -.._............... ..... ..--.......... ........ .... ...... ...... .............. _.....>.......... ..._ ........ , ........ C. $ d. Ada Lfnea ';a), (b) and (c)............ .............. ---- ....... ....... .... . a. Tax rgte..-...-.............. .................. ..... ...............•.................... .... ............,.......... ,..,.... ,.,.. a. T, Tax duo on Spbclai Rata ProPer;r- Muttiply Line I(d) by Lin* 1(4)..................... ....... _............. 2. Tan an General Rats Property: a. Enter a!nGunt Stom Line 0 pr!'!ot}t od'aturn............................>...... ...... :... ..... ,........ ..,..,, .. ..,......„....... -........ .... ......,.......... . 2. 8 3 b. Enter amount hoer. {,Ins t (d) oP Rate Se!tedule above• ....... ....................—.......-... ................ ... ....., b $ c, Subtract I.fne 2(15) from Line 2(s).................. ................. ..... .,..,.,....,........... ,.................... ................. .... ....... - C. 6 d. Tax We ..................................>................................. , ........................ .... .......... ..... ..,, .. ......,....,.............,..., .............., d. e. Tax due on General Rats Property' !Multiply Line 2(o) ble One ?(d)....... .................... ................:...,..... _ . ......,.. , „ e S 3. Tetal Tax Due: And Llnae %f) and 2(a) and t+nter hero and ae, 1 me P or, r :lnt of ratu,n 3. $ FLOOD AND SIJBDIVISION REGULATIONS AND ACT 2.10 CERTi=?CATES oEo Buyv(si and Seiisr(a) certify ea follows: A. Tl`,al they have inves"Ptsd and dleOlased to every patty to this tranaac lan all c,11hy0t k'tr.*jogo relsting 1;: 'foctl rayrlatlans, 1! any, arfaciing the property. S. Trot .me leii9t((a) odviaod the buy#?le)'.-hat :atal a'+d stolb bu'•iding requ4li;>nt, '.�i':;nj ?aQ i$:i41e And?try vlBt;n rega'9V0116 nenalninq to the prOpefty may li:nll aignlfrcarnly the use Of the Property, C. That this transfer Is In cGmptl-led with or Is axsmtn ROrr the subdlvlalo reQuiblub a rAM1poQd 0!'=sSural Pas9wrces fpr the following reasons: This property It the subject Of SubdlVlalcn Permit No. am is in ;;Tptiancs with a�td person, tr 2. .'tile Proparry erd gny tatalnad peones is exempt f om thb tubdivtsle: rsyu,ericna LBGauav ;:3s4 iri$i!:.^.t',.JR� br $Xa�r+i��Ono;: a, Parcel to be sold: Exemptlor! dumber Hu"nNt o: acres b, Parcel retalned: Examptior Number _____� Humba- 0 agree Pfaaae contact the itablet office in your area to determine compliance wilh Act 2$0. ($9e TaP On page 21.j Selier(a) furthsr cor".Ifies as follows: D. "hat thin foamier of real proper* and driv deve OMr ant th8recn is ir. compliance W!tt- nr sxoetyt room t0'-'.S,�l. ! haslar site ver^sont'e Land Use and Gete,opment Law (Act 250), for?ne f0110wing redact}: S . T?*:$ prop#rr`j Is the subject of Act 250 Permit No, _ and is in oom;);!an+'t with, -4 ?ml, of 2. Tn;a pro; erTy is exempt frotr .Act 2SO bacaniC (flat exarfirTIOn numt:*! from Insttuction.sE. That this trensfe, 009E'doea lot (Strike Iris) rea: it In a part bOr Of d!yielon of la•d. Note: li Z dt+gs. 91-, o.t 2'41 ClaclotWrs Stiti?lfani roust tie ouchat to trio re'.urr before filing with the taws clerk. WITHHOLDING CERTIFICATION E-1 Buyer(a) certifies that derrt ont income tax has tee' Wirhheid from tor?' nuroliase Prlcs and will ba mrnitted to the Commissioner of ?axes with Form REW-1 within 30 dioys froon thz, {-arsfer; OR that the transfer Is exa!r<pt from Income tax with toil Ing for it^c fol=oviing tl,Lascn (check ore): 1, Sellers) a¢rtifas that at that time of transfer, each seller was a reti'w¢n; of -iv-i ,ont c,r an estate. " ! 2. SU er(s) certifies that the parties obtained ��ithhoiding certificate r3ta,,_� _ t,.� „ __ from this Commissioner of Taxes In advance of this sale. i Y 3. Guyer(s) certifies that this is a transfer wKhoLA consideration. (Stye ;ngtr0'11; os ;or dorm REW-1.j Seiler(s) it, a mortgagor conveying the mortgaged property to A mortgd�ae irk a `,orsclosure or transfer In ilea of foreclosure, with no additIon a, cons'deratlrn. Wow t+.rRe9Y SWEAR AND AtFIF M T?4,AT TAIS AETIURN, iNGLUDING ALL C£RInCArES, S TR"$ ORi?Ef,T AND C .'hf PXrE'r0 T'rnE BEST Of OUR KNOWLEOGF- -1 p DATE n�_— BuYER;S; �uNAT6 RE.') — -r— DATE $-LLEp(S) Sl--NAr, URE"S) - - - ary J. Bourne Neparer's Signature 2/ /94 I C:,ty of So. Burlington By. ;I) u'1 7 e`C"u t n �:i r is z e c.— H Z e n cra,--kpale & French P.O. Box 819 Praparsr'a Andress _ -- S cewe , ` e rtnon t 05672 - Buyer's e;�rbaten,c;Ivs -� _ Tel. (Print or Typal 2/ /94 tCeap A COpy e5T I^, 6 NVJrn'Ul yen• �-X-VJO �A PLANNING COMMISSION CITY OF SOUTH BURLINGTON Re: APPLICATION FOR GARY BOURNE This matter came before the South Burlington Planning Commission pursuant to the provisions of Section 19.10 of the South Burlington Zoning Regulations on application of Gary Bourne, hereinafter "Applicant" for approval to convert 807 square feet of space within a 2100 square foot service station to convenience store use, 760 Shelburne Road, as depicted on a plan entitled "Site Plan, Gary J. Bourne" dated June, 1987, last revised 1/27/94. The Applicant was present at all the public meetings held relative to this application. Based on evidence submitted at the meetings and as part of the application, the Planning Commission hereby renders the following decision on this application: 1. This project consists of converting 807 square feet of a 2,100 square foot three (3) bay service station to a convenience store leaving two (2) bays and 675 square feet for auto repair and 554 square feet for storage and bathrooms. The Planning Commission approved an addition and canopy at this site on 1/26/88. The Zoning Board of Adjustment on 12/13/93 granted the applicant a conditional use permit for the multiple use. 2. This property located at 760 Shelburne Road lies within the Cl District. It is bounded on the north by Swift Street, on the east by a mixed use commercial building owned by the applicant, on the south by Pizza Hut, and on the west by Shelburne Road. 3. Access/circulation: Access is provided by a 40 foot curb cut on Shelburne Road and a 50 foot curb cut on Swift Street. Applicant is proposing to reduce the width of the Swift Street curb cut down to 40 feet. 4. Circulation on the site is occasionally inadequate. Staff has observed that the site is congested and circulation is difficult. 5. Parking: The existing and proposed uses require a total of 11 spaces and 17 are shown on the plan including one (1) handicapped space. The easterly most space along the southerly boundary should be eliminated since it will block access to a parking space and access to the service annex on the adjacent property. Staff has observed up to 30 vehicles on the site at the same time. Available parking therefore appears inadequate for the parking demand generated. 6. Landscaping: The minimum landscaping requirement, based on building costs, is $90 which is not being met. The site was landscaped as part of the 1988 expansion. No additional landscaping proposed. 7. Traffic: This property is located in Traffic Overlay Zone 1 which allows this property to generate 7.1 P.M. peak hour trip ends. Based on I.T.E., the existing service station use is estimated to generate 60.72 vte's and the proposed service station with convenience market to generate 69.8 vte's for a 9.08 vte or 14.9% increase. 8. The Applicant submitted a discussion regarding trip generation which was prepared by Brendan Kelley of FitzPatrick-Llewellyn, Inc. Mr. Kelley agrees that the project will increase peak hour trip generation by 9 vte's. Mr. Kelley points out several improvements regarding access/circulation which were done on the site in 1987 and 1988. He states that these improvements offset the 9 additional vte's. CONCLUSIONS 1. The subject property is located in Traffic Overlay Zone 1 as defined in Section 17.20 of the South Burlington Zoning Regulations. The Traffic Overlay Zone limits the peak hour trip end generation for this property to 7.1 trip ends during the P.M. peak hour. The current use is estimated to generate 60.72 vte's and the proposed use will add 9.08 vte's for a total of 69.8 vte's. Section 17.50 of the zoning regulations allows the Planning Commission to approve peak hour traffic volumes above the normal standard if it determines that other site improvements will produce a net benefit for traffic flow in the vicinity. In making its determination, the Commission may consider the requirements contained in Sections 17.501 through 17.504. The Planning Commission concludes that: a) Section 17.501 is not met since this proposal does not include a Planned Commercial Development. b) Section 17.502 is not met since reducing the width of the curb cut on Swift Street by 10 feet is insufficient in relation to any improvement which would result for traffic flow in the vicinity. This property is located near a very busy intersection where traffic queues often extend beyond the driveways serving the subject property. This creates a dangerous and unsafe condition for traffic entering and exiting the site and for traffic in the vicinity. c) Section 17.503 is not met since information on traffic volumes and effect on levels of service at nearby intersections was not provided. d) Section 17.504 is not met since the proposed change in use will result in a peak hour trip generation higher than existing conditions which already exceeds the allowable limits and the access management improvement proposed as part of this application is insignificant. 2. Section 19.104, Landscaping Requirements, of the zoning regulations requires the Applicant to provide additional landscaping with a minimum value of 3% of the development cost. The minimum landscaping requirement for this project is $90 which is not being met since no additional landscaping is proposed. The Planning Commission concludes that the requirements of Section 19.104 of the zoning regulations are not being met. 3. Section 19.102b, Circulation, requires adequate traffic movement patterns on the site. The site has been observed with up to 30 vehicles on the site resulting in inadequate circulation. The Planning Commission concludes the requirements of Section 19.102b of the zoning regulations are not being met. 4. Section 19.102c, Parking, requires that adequate parking be provided on the site. The site has been observed with many more vehicles than the available parking spaces can accommodate thereby creating an unsafe condition. The Planning Commission concludes that the requirements of Section 19.102c of the zoning regulations are not being met. nFC_ T q TnN Based on the above Findings of Fact and Conclusions, the South Burlington Planning Commission hereby denies the Applicant's request to convert 807 square feet of space within a 2100 square foot service station to convenience store use at 760 Shelburne Road for the following reasons: 1. The application does not comply with or satisfy the requirements of Article XVII, Traffic Overlay District, of the zoning regulations. The proposed conversion will result in an increase of 9.08 vehicle trip ends (vte's) above current conditions which already exceed the allowable limit by 52.62 vte's. 2. The application does not comply with or satisfy the requirements of Section 19.104, Landscaping Requirements, of the zoning regulations. A minimum of $90.00 worth of additional landscaping is required and no additional landscaping is proposed. 3. The application does not comply with Section 19.102b of the zoning regulations. The site currently experiences inadequate circulation and the proposed conversion will aggravate the situation. 4. The application does not comply with Section 19.102c of the zoning regulations. The site does not provide an adequate number of parking spaces for the number of vehicles currently using the site. This situation will be made worse with the proposed conversion. Dated this Vermont day of February, 1994 at South Burlington, Chairman or Clerk South Burlington Planning Commission 02/04/94 12:39 40401 434 0530 JOHN W. tEZribul 4j V V .L ...... Dak®tee Series - Features Housing — C treated plsteit Boaket — N [Wiisfuw6d co Lens -- Ava' r1rnppnri Prix polycerbonst glans. The di uniform grou are ideal for aesled to for Lamp — TbI enter 175.2 Metal Halide 9si(ast -- I clesigneo fol operation. T reinforcing ; sinking for 11 Reflector — ot"ard. Door As**' ,allows easy continuous MA%imum e Finish — S Dakota Ser time on bM revolutions finiahin8 pr aitraotive is protection I weather oh Finish i8 Oi 11� ) (rents W jeaw II�N- L61 UC;ii17NN� `ram A D1rIMon of i>0{ r0�'Mfi1f1N 1nC. 1000 ALL9APIGE >3oao • P.O. BOX UM • CN('i1tMMT(. OW 4". g19) MUM, • FAX (ala) 78"147 02/04,194 12:40 10401 434 0630 JOHN W. iCENNIDY C3ekotaO Series - DA Z 002 HOW TO ORDER LUMINAIRES Select appropriate choice from each coiumn. I uminah Pfftbl OhrHoud00 Lamp MOMUthl1<uwNr` Lees im Vo)h®e 0A S - Symmetrical 175 SMH - Super MltC Halide A - Dropped prior atic j4 Zov , 208U 260 175, 250, 400 Waft AWYilc 400 MH - MOW h41ice 0° -Dropped P SMOC 240V 175, 253, 400 Watt N,,jewnate ?rn 13 -,73 DlflAid plat 450V Tomwed 61aia" MT • Mule, Tan Lamimire }inish 8161pdud WHT - Whit Conluit factory (AddbOM LIAO Time Needed) BR2- bonze pekX- 940 EXAMPLE OF A TYPICAL ORDER I DA - S - 400 - SMH - DA -- 120Y - WHT - NO `Consult Iactcry for fl iam Mercury Vapor ardor roqueeta, `The C73 Dlttuted Nal Ta+nFered QWats is rfquired tar indoor u69. Note: Tie Dekolt 1011181r6 Can be Huth meuitted tO MOIA! Or COW" surtatfs. For cembuslible sumacs mount, tlinw 114, minimum space irorn celilr0, PHOTOMETRIC DATA 40OW Super Metal Halide {Symmetrl)el DlatrlbuUan) 3MM 2MM t MH O w i 6 4MH NT, El 3AAH tM1I 20, 1MH 4 24 0 28 t8 Imm 30 !MH 3MH *1411 t A 0 C, D A F 0 H ls.sf 2> 76';3sg ,.se 2.78 1.39 .2® to,p 20AI 10.20 4.0e 2.04 L 2 .41 .20 11.2E 1&03 7.Ot 11 3.13 1.56 .71 .31 if h.os tag e., i47 1.22 :ec 5V _2i I .12 lo.' o 10.00 1 9.00 2,F0 1.00 .20' .10 15,2 t16 .83 .41 17 08 13.e111 904 3.47 1.39 .35 i4 .ur 71 13 &02 2.96 t t� 39 .90 i2 06 10.20 ILIU L"m .01 .34 .10 PO �e Rai 4.44 2.22 .89 ,44 22 Of �n LUMEN RATING 40.000 NH REFERS TO MOUNTING HE10117 Optiont ILL - Los LAMP CL - COMIC LAMP NO - No Options Lsi LIGHTING SYSTLM3, A DirWkst V L31 Eduatfti Inc. 0000 ALJAN00_ ROAD • P.D. BOX 42728 - CINCINNATI, OHI043t42 - (513) 7024MG • FAX (513) 793.014T ULL-DAI0090-tM r�.WW tii iaaO Lfi Li,jkmo synarn S� 11w+J.a,A M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: February 8, 1994 agenda items Date: February 4, 1994 3) PIZZA PUTT, INC. - BOUNDARY LINE ADJUSTMENT - SKETCH PLAN This project consists of a boundary line adjustment to take 14,630 square feet from a 35 acre undeveloped lot and add it to an existing 92,775 square foot lot developed with a restaurant and indoor recreation facility. The Planning Commission approved an expansion of the restaurant/recreation facility on 11/23/93. The purpose of the boundary line adjustment is to increase the size of the lot so an additional expansion will meet the building coverage requirement. This expansion will be reviewed at the time of revised final plat. This property located at 1205 Airport Parkway lies within the I-C District. It is bounded on the north by the undeveloped property involved in the boundary line adjustment, on the west by a multi- use industrial building, on the east by a welding shop and on the south by Berard Drive and Airport Parkway. The property at 1205 Airport Parkway consists of lots #5 and 6 of an 11 lot subdivision approved by the Planning Commission on 6/24/69. The subdivision regulations require that any change to an approved and recorded subdivision plat be approved by the Planning Commission. Lot size: The minimum lot size in the I-C District is 40,000 square feet. Both lots will continue to meet this requirement. Lot frontage: The minimum lot frontage requirement is 200 feet. Both lots will continue to meet this requirement. Setbacks: Setbacks will not be affected. 4) GARY BOURNE - ADD RETAIL USE TO SERVICE STATION - SITE PLAN This application was continued from the 1/11/94 meeting to provide the applicant time to address traffic, sidewalk and lighting issues (see enclosed 1/7/94 memo). 1 Memorandum - Planning February 8, 1994 agenda items February 4, 1994 Page 2 Access/circulation: Applicant is proposing a 20% reduction in the width of the Swift Street curb cut from 50 feet to 40 feet. Dumpster: Applicant proposes to cover dumpster storage area with a roof to keep snow falling off the roof and filling up the dumpster area. This will make it easier for the trash hauler to return the empty dumpster to the storage area. Lighting: Applicant will replace all free-standing flood lights with 400 watt metal halide lamps which would be shielded and downcasting. Sidewalk: Plan has been revised to show a sidewalk along the Swift Street frontage. The legal document for the sidewalk easement should be reviewd and approved by the City Attorney. This document should be recorded in the land records prior to permit. 5) STEPHEN WHITTLESEY - MULTIPLE USES - SITE PLAN This project consists of the following: 1) add a 22 seat tavern to an existing retail sales and billiard table rental use (5,100 square feet), 2) convert 2,900 square feet of vacant space to retail (Oakman Electrical Supply) and 3) convert 5,200 square feet of vacant space to retail (Optional Extras) in a 16,800 square foot building containing an existing storage use (3,600 square feet). The last review of this property by the Planning Commission was on 6/9/92 when it approved the billiards sales and rental use (minutes enclosed). The Zoning Board of Adjustment on 1/10/94 granted the applicant a conditional use permit for multiple uses. This property located at 358 Dorset Street/55 San Remo Drive lies within Central District 2. It is bounded on the north by an office and trucking terminal, on the south by a discount beverage store, office and contractor's yard, on the west by Dorset Street and on the east by San Remo Drive. Access/circulation: Access is provided by a 35 foot wide shared curb cut on Dorset Street and two (2) curb cuts on San Remo Drive. The southerly curb cut on San Remo Drive is 24 feet wide and the northerly curb cut is 15 feet wide. This property provides access between Dorset Street and San Remo Drive which is shared with the adjoining property to the south. No access changes proposed. Memorandum January 11, January 7, Page 5 - Planning 1994 agenda items 1994 6) GARY BOURNE - ADD RETAIL USE TO SERVICE STATION - SITE PLAN This project consists of converting 807 square feet of a 2,100 square foot three (3) bay service station to a convenience store leaving two (2) bays and 675 square feet for auto repair and 554 square feet for storage and bathrooms. The Planning Commission approved an addition and canopy at this site on 1/26/88 (minutes enclosed). The Zoning Board of Adjustment on 12/13/93 granted the applicant a conditional use permit for the multiple use. This property located at 760 Shelburne Road lies within the Cl District. It is bounded on the north by Swift Street, on the east by a mixed use commercial building owned by the applicant, on the south by Pizza Hut, and on the west by Shelburne Road. Access/circulation: Access is provided by a 40 foot curb cut on Shelburne Road and a 50 foot curb cut on Swift Street. No access changes proposed. Staff has observed on a number of occasions that the site is congested and circulation is difficult. Parking: The existing and proposed uses require a total of 11 spaces and 17 are shown on the plan including one (1) handicapped space. The easterly most space along the southerly boundary should be eliminated since it will block access to a parking space and access to the service annex on the adjacent property. Landscaping: The minimum landscaping requirement, building costs, is $90 which is not being met. The landscaped as part of the 1988 expansion. Staff does not additional landscaping. based on " site was (� recommendu° G Traffic: This property is located in Traffic Overlay Zone 1 which allows this property to generate 7.1 P.M. peak hour trip ends. 4 Based on I.T.E., the existing service station use is estimated to generate 60.72 vte's and the proposed service station with convenience market to generate 69.8 vte's for a 9.08 vte or 14.9% increase. Enclosed is a discussion regarding trip generation which was prepared by Brendan Kelley of FitzPatrick-Llewellyn, Inc. Mr. Kelley agrees that the project will increase peak hour trip A; generation by 9 vte's. Mr. Kelley points out several improvements regarding access/circulation which were done on the site in 1987 5 t!` Memorandum - Planning January 11, 1994 agenda items January 7, 1994 Page 6 and 1988. He states that these improvements offset the 9 additional vte's. Staff has a couple of concerns. First, these improvements were proposed in 1988 as part of the service station expansion (see 1/26/88 minutes). Second, the site is very congested. There are often many more vehicles parked on the site then parking spaces available. Coverage/setbacks: Building coverage is 11% (maximum allowed is 30%). Overall coverage is 82% (maximum allowed is 70%). Front yard coverage is 100% (maximum allowed is 30%). These coverages are existing and will not be made worse by this application. The canopy does not meet the front yard setback and the building does not meet the rear yard setback. Both structures are noncomplying and are subject to Section 19.002 of the zoning regulations. Sewer: No additional allocation needed. Lighting: exterior lighting consists of the following: --- four (4) 400 watt metal halide flood lights on three (3) poles. --- 12-400 watt metal halide lamps under the canopy. --- florescent lights under the eaves. Staff recommends that the flood lights be replaced with downcastin shielded luminaries. i g Other: Dumpster area is located at the rear of the building and is screened with an eight (8) foot fence. Dumpsters are not currently stored within this enclosure. Sidewalk: The applicant was required as part of the 1/26/88 approval to construct a sidewalk along Swift Street but the sidewalk was never constructed. Staff consulted with the Public Works Superintendent who recommends that the applicant construct the sidewalk. Plan should be revised to show the proposed sidewalk and the existing sidewalk along Shelburne Road. A: 0 1/11/94 MOTION OF APPROVAL BOURNE I move the South Burlington Planning Commission approve the site plan application of Gary Bourne for conversion of 807 square feet within a 2, 100 square foot service station to convenience store use as depicted on a plan entitled "Site Plan, Gary J. Bourne, 760 Shelburne Road" and dated June, 1987, last revised 12/93, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This property is located within Traffic Overlay Zone 1 which limits the property to a generation of 7.1 vehicle trip ends (vte's) during the PM peak hour. Based on ITE trip generation rates, it is estimated that the existing use generates 60.72 P.M. peak hour vte's and that the proposed use will generate 69.8 P.M. peak hour vte's. The Planning Commission may approve traffic volumes above the normal standards if the Commission finds that other site improvements will produce a net benefit for traffic flow in the vicinity. It is the Commission's determination that the improvements listed below, which were completed in 1987 and 1988, have resulted in a net benefit for traffic flow and therefore approves the project including the 9 additional peak hour trip ends. The improvements include: 1) reduction from 7 pumps to 4 pumps, 2 ) reduction of the Swift Street curb cut from 120 feet to 50 feet, and 3) curb cut improvements along Shelburne Road. 3. Prior to issuance of a zoning/building permit, the applicant shall contribute $231 to the Shelburne Road Intersection Improvement Fund based on the additional 9 peak hour vte's estimated to be generated by this project. 4. The existing flood lights shall be turned downward in order to minimize light and glare being cast beyond the property line. Any new exterior lighting shall be downcasting and shielded and shall not cast light beyond the property line. Any change in existing lighting or new lighting shall be approved by the City Planner prior to installation. 5. The plan shall be revised prior to issuance of a zoning/building permit to show the easterly most parking space along the southerly boundary removed. 6. The applicant shall install the sidewalk along the Swift Street frontage as required in the 1/26/88 approval. The sidewalk shall be installed in accordance with City of South Burlington specifications. 7. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 8. Any changes to the site plan shall require approval by the South Burlington Planning Commission. (mo-gb) PLANNING COMMISSION 11 JANUARY 1994 page 5;.._A total _sewer _allocation of 1 200_1.or Phase _ I and a T5__�pcT,.for -has_e-1'T_--- ....__dgra_nted_�__2_2a.y5_ed _�p:�-isnnaep inrequi_r- eseWe.rn.g_. al.locat l.o-n -fee _ .....,oriOr---to__---.-_i_sG_u_ancF?._._._.of. a i g1_b.0 i 1_d m i_t and shi_eldeci_.a.r.a sr..al.-_l not --cast _._.ligh ...bey_ond the orooe.rty -line__—_ An`�_.. change..__1r; ex i t i- n g_ _ 1_1_. g-h t i n.g o r. _-_new 1 i_gh t i n c�S h.al_ 1. - ae--_ap;� r e v_ e d ._.. b ._ theC i._t, P1,anner__prior_t.o.__installation. 7_.Prior to issuance . ofa.__zoni nglbui 1 di ng_.__permi t, thepropI owner shall record a_snow storage easement in the South Burlington Land Records. Adraft._.. easement_._ shall be ._submitted tothe _ City_ Attorne_y for App!!ov_a_l.._prior_to_ recording_ 8__..- The appl_icant_._shall _.obtain azoni_n.g./bui.ld-i_ng__.permit for Phase L_....wt.,n_i_n six (.6) months and -_a__.zonildin-.g permit for Phase I_I within - two_ Z�ears, or this no is null and void. 9. The appl i cant-- shal 1 obtain a Certificate of Occupancy from the Administrative Offieer__pri_or to occupanc�of each Phase_ 10. Any changes to the site plan shall require approval by the South._ Burl_ington Pl._an_ni_ng_Commi_Ssion_ Mr. Craig seconded.,_ The motion passed unanimously. 6. SITE PLAN APPLICATION of Gary Bourne for conversion of 807 square feet within a 2,100 square foot service station to a convenience store use, 760 Shelburne Road. Mr. Teeson stepped down due to a conflict of interest. Gary Bourne, representing Bourne Texaco, is sworn in. Mr. Bourne said that the left front of the service station is operating as a convenience store. The main business is service station, repairs and gas. In 1988 got a permit to expand and change station. Currently they are changing the space use to eliminate parking problems and improve the traffic flow. Mr. Craig noted that there is a stiff overage of the traffic overlay. The issue is traffic in and out; ITE says there is more for a convenience store. Mr. Burgess said the last approval was for a three bay service station. Now one bay has been converted to a convenience store and there is a 1 5% traffic increase. Mr. Bourne stated that he was not aware that he needed an additional approvai for the change. d PLANNING COMMISSION 11 JANUARY 1994 page 6 Mr. Weith stated that if this request is denied, we would enforce violation and Bourne must replace the convenience store with the third bay. Mr. Burgess stated that commission has no authority to waive traffic increase problem unless the commission can find the site change to be a significant increase in the overall safety. He suggested that Mr. Bourne come back with redrawn plans to show a safety improvement. Mr. Austin suggested that Mr. Bourne look at improving the Swift Street exit and encourage its use for left turns to Shelburne Road. Steve Smith, representing the Mobil Station, was sworn in. Mr. Smith objected to the commisssion's willingness to consider granting the Bourne application. Mr. Smith brought up the recent rejection by the commission of the Mobil application. Mr. Austin said that the commission is treating Bourne the same as Mobil. Both have the option to make significant site changes to gain approval. Mr. Bourne requested that the commission continue review of his site plan application. Mrs. Maher moved to continue consideration until. the meeting on 8 February 1994. Mr. Austin seconded the_ motion and it passed__ unanimously_ As there was no further business to come before the Commission, the meeting was adjourned at 9:15 pm. Clerk, South Burlington Planning Commission City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 4, 1994 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Re: Retail use, 760 Shelburne Road Dear Mr. Bourne: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent to you at an earlier date. Please be sure someone is present on Tuesday, February 8, 1994 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, ` je , jal � Joe Weith, City Planner Encls JW/mcp 97 •ik•, .` �'.7;94 1�` .f - a r,: Jr �S '�rle^�•� e ,l�" •C:? . ' ; � ��.at., _ 1 - ' � C v=' jt,�.4 y.7��}/ems~• 4Y'9 r .�� k ` � � ��7y 3 - .��Y C(."c"3 � � Itj � � •k ` �� � ..t •.i,y S � I-�R j y-, � 9. ; �• 1 f1i r [ A.ttA d�Fffl,� r�• t :1 aR �1 ' ds r +,.r Parr~ 70 az- E ANC R•� � � .•�. _ • 4 .s.� f r.,: • � �- � ,. 4 , T r �, J 'i. µ1 r 4 � � •�' �' f .-- G�f�NG� � • * •( � P Ad+ + S i � t �_+'at-� r"". � II - `a. _' ' y a.: r�rsi!►�e. �ssT� Dra16 � ( 1' •' @f -'� � i � - - t :F _ f "►�o v 4 f r ✓ � , • (.ATE - � _ � � � .' =� � k - . :, ,,.• � i ' r.;: ' ',y.� s'�.�'� � �' is �. , y JAN 1 10 .r •_ a� - A�A,;,_� 1j r I - . i' .� Douea cae�tlni dM� k + .i � S..a• i.> farm!` , •K' n t . � �I '.. • t Pow OLE F ROOF LA\vlil cr _••_ r Gary Bourne BourneldsServic Center --� 760 Shelburne Road SHELBURNE ROAD SWIFT ST. ED $" I C.oNr-RBrs 'PAC) Vi z c Blrumlryou5 i5LAN0.5 �KtSnn,c. CAuaPy p p CONCRETI 5p'x E tf 1 'Dot �RKOS (jyP� O G0NC.p,KTr; �1 ^� Ii3EKUATtpN-•�Ec43 PI 1-. EKI TIwG pu��plNCs � l � _ rQ �, r:•/:. n h..�. � GcAJGR-ErE y-Ap00 O / 1 I OVER SrURA(.ETANHS I �� O • � O ' i rq�d� D..•�s7v. STORAGE� tt AREA ADDITION I f j p NNr? 10'X 350 !_AWN ARERZ �. "TRN K ENTS ? C S S BOURNE PETROLEUM LTD. Gary Bourne 1023 Broadway Raynham, MA 02767 Phone (508) 947-7685 Fax (508) 947-9688 Number Date/�, J Time A. M. P. M. of pages Fax No: L (% `� S TO SOUTH BURLINGON PLANNING & ZONING C/O Ray Belair Name FROM Gary Bourne Name FAX Transmission COMMENTS: -copy of new site plan showing sidewalk; reduced curb cut on Swift St new dumpster detail and no left turn sign on Shelburne Rd. - i -a cut sheet on the new lighting fixtures Copies of the above will be expressemailed to you today. low '�" N.�kr _ 3At Qom., .• ,�y� r+�l;'.' '�.,�. '• + , �� :� yp,,. 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Plate: *,10 304%fumiri(rt 04m 40 flush mcu,lted'.p •meta Or;Omtrve cueace8• For CCmbust(ble surface movni. alhh "14• rmr•ini,.;rt spbpe,rOM ;eilinC F1140TOMF-TRIC DATA 40OW Super Metal Halide (SymmetriaW Distribution) imm 2MM 1 mm 0 11011 4MH Pft 1 ;2 31110114 �±l !Mt I a ao tMH24 4 z++ Q6 YS 1 PrhM l as 2MH 3mH 4MPi A 0 c 0 t f a H 56 Ell t 3 8A d. dA 2J6 , — f � � 28 l 4p.tiro 3a.�t tu.20 a.rm 20 t I� at ?0 !' 46 1G.037 t 3.,i t 66 71 3t t{ ov 10.00 4,04 t.00: t no �G 40 ,o a.ta � +•!6 � .87 at tip tteia tl,4a 5.a2 I 13* 31 3a '� ur t2 1 tt 83 2.4E yr$" a ra 2 27 asn a1 1 �2 C9 0.�r LUMEN RATINV 4a 009 rir, AMPS TO MO�NTJNO HEIGI„ !Ia m -M -ai Ott itat tvt9 SYSTt:ena, A Grvlalvl, u(:.1+ i• J. 6t ip !n.�. ON^OAL-JAMA PDX:) • P 0, BOX 42728 ICINCANATI, OHIOa?24Zl •,5t'l;'9 -$`. =�, ;5?3; ?b3 �ts7 r1.11W - pM US.^ EIJM L1U, iE_ `)'!`;-`_{:1r-_ `Eq Ij4 4 1_ _ 1'l0,i_ii_i_ BOURNE PEFROLfi-VA4 LTD. Gary Bourne 1029 Broadway Raynham, MA 02767 Phone (508) 9 47 — 7085 Fax (508) 947-9808 Number data �4��r Time ; a A M,� P.Wof pages <� s TO SOUT14 BURLTNGON PUNNI?vr A. 70NTNG C/.` Nerve Ra; rei r ___�.�,..... _ FROM Gary Bourne Nam@ __._ ..,.._._..�.�. ...._�._.. FAX Transmission COMMENTS: -copy of nee site pl am wY�owi ng !� i dewa i k , redut-ed curt, c_ut. on Swift St new dumpster detail; and no left turn sigq on 51-elhorne Rc'. - I --a cut ;h ,1 on the new i i ;ht.f, n�cfixture Copies c)f the above w'_ II be express —nailed to you today. TC v 1 L�77J (� /'✓��%(� Gx� ,��CZ,c�� , /—; y�-roc—� C/-�-� mac- - . E0 Ur i,c F'E I F � iLE1J409 ! T L TES f y 1(j N0.0(-1 F',ii�� Mr^. Rayrn,;,nc:i Bel i r^ Z,nning and Pl aria ng Peisi rit ar,t City of MiOuth Purl ngtr,r, 575 Dorset Street GCDtJth B(.(r^1 iIli aton, Var-racint iI.)54_i: PP;revinQcl sit0 plar, for 76(,1 Dc-ar- Mr. E-fe l a i r ; The revised site PIans fnr- the `feMacr, St,�,*1:;r, will bP eKwres4ed rna.i.lead to your :..ffirwe this week. The rna,)c,r Change I am p1",ap'--tE,ir,q is a 1`eciuG:ticin iY, ti`re size :if tt1e Swift St. cl.,(rb c-.ut cin the we+yter^n(She!bLlrr,i R21) side. 'fhisa was brought: ti,ut at Our, first rii eet ing as a way of impr , ,v irrr.� tare -Flr,w a r, sar"tiJy of the car^s leaving the site as we11 as for .'��hxe let; ht;ikir,g a right land t Cirri (.rota Swift St � fri:.,rn Shelburne? Rd.. The dmmpster art3a tr, the rear, of the prorjer^ty wx 11 be fitted with a r^r111ing gate mc.t eitr?d Cvr, the sciutt', ale1e ,:)f tt,je G7L,3,jciir'tg. 1 W!,-Ad seek Per n-liGi iCirt to coristi''i.i(.t a pali-t ial 3'`r_C7F cc-o r" this dt ,ea at the sarne s1`=pv at, the e)tistirrg shed rclof. The sides .-4o.(ld reriiair, H'.,t,;:ockade, this change w,::,iild el -imi ,ate the pr,Js eels ,.,f sriowi is e fal l irip ,:.,ff the mair, r+_,c,'P filling t-ip the area. All exteri,ir, fr^ee starid:i ng 1 igh'itFL would be rep.; ac>=cl with `,he 400waztt Metal hAlciide lar,tps that ar,e used .:,ri the C'ci;",�rraV, and wct.(ld he me„_(cited downward facing. My at'tc,r^r,Ey has already contactert tl',e r1ty att.,r^r,♦ey tc, preparrrs the sidewalk aasernier, L for bc;;th the prc,per,t i qrs r_rr, Sw i f't I,t r-pat . The side walk wi 11 be installed at the sar,te tirne th,-O curbs ar-e peplaced. We are: pr^,:�pc,sing t,, rLun the sidewalks int;icl� the li rnd1scape areas, this, shciuld uiir,m.f ze t tie lc14s Of grPer•,space and tics .a Fer. TF y(",U hlve :any t;u mlt i,-,n5 or, r.n:inc_er^r+s fe+- l f'r,up- tc, call my wQ Are 'Firidir,ig thr} r',c,ti(:,es Y,_,ften Arrive h+wi^e}i+£' rivet 1Y,a$. Sir rely, Gary Bourne City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 7, 1994 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Re: Retail Use, 760 Shelburne Road Dear Mr. Bourne: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent to you at an earlier date. Please be sure someone is present on Tuesday, January 11, 1994 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. S' erel , J e Weith, City Planner Encls JW/mcp M E M O R A N D U M To: South Burlington Planning Commission k V From: Jane B. Lafleur, City Planner c� Re: January 26, 1988 agenda items Date: January 22, 1988 2) BOURNE'S TEXACO, 760 SHELBURNE ROAD Gary Bourne proposes to construct a 350 square foot addition to the rear of the'Texaco building and a 44 foot x 50 foot canopy over the pump islands at 760 Shelburne Road. The property is zoned Commercial -One. The Zoning Board granted a dimensional variance to allow the canopy to infringe on the front yard and the addition to infringe on the rear yard. See attached November 9, 1987 and November 30, 1987 minutes. Access: Access will be from a 40 + foot curb cut on Shelburne Road and a 40 foot curb cut on Swift Street. A sidewalk should be constructed along Swift Street and an easement for it given to the City. A bond should be posted prior to permit. Circulation: building. .The building that used. Circulation is available in the front of the plan shows 14 parking spaces to the north of the would limit circulation in the area if they are Parking: Seven spaces are shown along the southern boundary of the property and 14 along the north of the building. The plan does not show adequate aisles but I doubt all 21 spaces will ever be used. Most likely they will be used for vehicle storage. The ordinance does not state a required number of spaces but some standards require 6 spaces per service bay or 18 for these 3 bays. See Chief Goddette's comments regarding aisles. Landscaping: The $30,000 square foot. addition, requires $900 in new landscaping. Mr. Bourne proposes a plan valued above this amountthat includes norway maple, junipers, cranberry, crab, pot:enti.11a and flowers. The plans show a 2 foot high berm along the corner of Swift. and Shelburne Road. The State plans seem to show this as a sidewalk instead. Traffic: There should be no change to the traffic counts. The The .46 acre property permits 8 trip ends. The use generates 45 tripends during the peak hour according to the applicant. There will be no change to the number of vehicles that are served at any one time. Other: See Bill Szymanski's and Chief Goddette's comments. 1 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments January 11, 1994 Agenda items Date: December 6, 1993 PROPOSED DAY CARE - 1537 WILLISTON ROAD 1. Provisions should be made to allow for turnaround. This could be made by deleting parking space No. 1. 2. Use will generate traffic during peak hours on Williston Road making ingress and egress dangerous. LOT NO. 1 - GREEN TREE PARK - SHUNPIKE ROAD - KIMBALL AVENUE 1. Entrance drive shall have a concrete depressed curb. 2. Existing fire hydrant on Gregory Drive is 24 feet from north- east property corner not 45 feet as plan shows. This would require it to be moved or driveway relocated. 3. The north -south leg of Shunpike Road across from the destroyed Willis barn does not have curbs. Plan shows curbs. LAKEWOOD COMMONS - SHELBURNE ROAD There is a 5 foot concrete sidewalk constructed along Shelburne Road portions of which is on private property. This sidewalk should be shown and portions outside of the street r.o.w. deeded to the City. TEXACO STATION - SWIFT - SHELBURNE ROAD Plan received by City November 10, 1993 is acceptable. > ) ' �� �^ Ni �� �»�� ������ ����«������ ��/��� ym�uK �^v� 575 Dorset t�trcct 1%�vutb Nurtington, Uermant 05403 TO: SO. BURLINGTON PLANNING COMMISSION FROMi CHIEF GODDETTE SR. RE: TUESDAY JANUARY 11,1994 DATE: DECEMBER 1,1993 I. 1-GREEN TREE PARK GREGORY DRIVE JOB # 93603 DATED 11/15/93 THIS PLAN HAS BEEN REVIEWED BY THE FIRE DEPARTMENT. FOR FOR PHASE #1 THE TWO HYDRANTS IS ADAQUITE BUT WHEN PHASE 02 IS BUILT A THIRD HYDRANT WILL BE REQUIRED AT A LOCATION APPROVED BY THE FIRE CHIEF. 2, LAKEWOOD COMMONS PROJECT # 85086 DATED 12/16/93 AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT WHICH WOULD EFFECT EMERGENCY PROTECTION. S. KATHERIWE BLAIR DATED 11/23/93 1537 WILLISTON ROAD DAY CARE PLAN HAS BEEN REVIEWED BY THIS DEPARTMENT AND I DO NOT SEE A PROBLEM FOR OUR DEPARTMENT ON THIS PROJECT. SHE IS REQUIRED TO HAVE AN APPROVAL BY THE STATE DEPARTMENT OF LABOR AND INDUSTRY TO MAKE SURE THE BUILDING IS UP TO CODE . 4. GARY J. BOURNE DATED 6/87 760 SHEL8URNE ROAD PLAN HAS BEEN REVIEWED BY THIS DEPARTMENT AND NO CHANGES ARE BEING MADE TO THE PROPERTY AS FAR AS USE . I DO NOT SEE A PROBLEM WHERE IT WILL CHANGE EMERGENCY PROTECTION IF NEEDED., fv�p)r_15 �Fl leCr r7l,� _) SITE PLAN CHECK LIST --- Lot drawn to scale --- Survey data (distances and lot size) Contours (existing and finished). --- Existing vegetation and natural features. --- Proposed landscaping (number, variety and size) equal or greater than the required amount in section 19.104 of the Zoning Regulations. --- Location of streets, abutting properties, fire hydrants, existing buildings. --- Existing and proposed curb cuts, pavement, walkways. --- Zoning boundaries --- Number and location of parking spaces. (RV parking for multi- family projects over 25 units). --- Number and location of handicapped spaces as required. --- Location of septic tanks (if applicable). --- Location of any easements. --- Lot coverage information: Building, overall and front yard. --- Location of site (Street # and lot #). --- North arrow --- Name of person or firm preparing site plan and date. --- Exterior lighting details (must be downcasting and shielded). --- Dumpster locations (dumpsters must be screened). --- Existing and proposed sidewalks (public). --- Sewer calculation --- Height of new construction. --- Setbacks (residential district, planned r.o.w., Interstate). --- C.O. Zone --- Bike racks --- Traffic generation --- PUD/PCD standarads --- Airport Approach Cone --- outside storage/display --- F.A.R. M E M O R A N D U M To: South Burlington Planning Commission -- From: Jane B- Lafleur, City Planner \ Re: January 26, 1988 agenda items Date: January 22, 1988 2) BOURNE'S TEXACO, 760 SHELBURNE ROAD Gary Bourne proposes to construct a 350 square foot addition to the rear -of the -Texaco building and a 44 foot x 50 foot canopy over the pump`islands at 760--Shelburne Road. - The property_ is zoned Commercial -One. • The Zoning Board granted a dimensional variance to allow the canopy to infringe on the front yard and the addition to infringe on the rear yard. See attached November 9, 1987 and November 30, 1987 minutes. Access: Access will be from a 40 + foot curb cut on Shelburne Road and a 40 foot curb cut on Swift -Street. A sidewalk should be constructed along Swift Street and an easement for it given to the City. A bond should be posted prior to permit. .culati-nn'-—CiroulatiQn �savailable in the front of the building. The plan shows 14 parking spaces to the north of the building that would limit circulation in the area if they are used. Parking: Seven spaces are shown along the southern boundary of the property and 14 along the north of the building. The plan does not show adequate aisles but I doubt all 21 spaces will ever be used. Most likely they will be used for vehicle storage. The ordinance does not state a required number of spaces but some standards require 6 spaces per service bay or 18 for these 3 bays. See Chief Goddette's comments regarding aisles. Landscaping: The $30,000 square foot addition requires $900 in new landscaping. Mr. Bourne proposes a plan valued above this amount that includes norway maple, junipers, cranberry, crab, potentilla and flowers. The plans show a 2 foot high berm along the corner of Swift and Shelburne Road. The State plans seem to show this as a sidewalk instead. Traffic: There should be no change to the traffic counts. The The .46 acre property permits 8 trip ends. The use generates 45 tripends during the peak hour according to the applicant. There will be no change to the number of vehicles that are served at any one time. Other: See Bill Szymanski's and Chief Goddette's comments. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: January 26, 1988 agenda items Date: January 22, 1988 2) BOURNE'S SERVICE CENTER, 760 SHELBURNE ROAD 1. Swift Street and Shelburne Road improvements are now in progress and any'work including landscaping in this area shall be coordinated with the street improvements. 2. A sidewalk should be included along Swift Street. 3. Any planting at intersection shall be of the low growing type. A flowering crab tree may obstruct view especially vehicles leaving the gas station onto Swift Street. 3) PETE'S TRAILER MART, 4017 WILLISTON ROAD 1. Plan is an improvement over what now exists. 4) ORCHARD LAKE ROAD PROPERTIES 1. The best location of the driveway is from the future City street. The latest revision places the drive adjacent or through a landscaped mound that has some well established trees including evergreens. It is well maintained and will obstruct sight distance for the driveway. 1 *otttb +IB urlingtun Mire D epartinent 4 575 Darset street F 03uuth Nurlingtun, Uermant 05401 1 ' z L = OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658.7960 January 19,1988 To; So. Burlington Planning Commission From; Chief James W. Goddette Sr. Re; January 26,1988 Agenda Items #1. Bourne's Service Center 760 Shelburne Road The plans were reviewed by this department and at this time I have two (2) concerns; A. The canopy over gas pumps must be 14' high to allow fire equipment under it if needed. B. The parking area near Swift Street I feel is to small for the number of parking spaces and could cause a problem for access for our equipment. #2. Pete's Trailer Mart 4016 Williston Road Plans reviewed by this department and at this time I do not see a problem as long as the fire lanes are maintained. CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) Cary Bourne 1023 Broadway Raynham. MA 02767 (508)947-7685 2) APPLICANT (name, address, phone #) same 3) CONTACT PERSON (name, address, phone #) same 4) PROJECT STREET ADDRESS: 760 Shelburne Road, So. Burlington 5) LOT NUMBER N/A (if applicable) 6) PROPOSED USE(S) Change in use from auto repair to auto repair & food mart_ j; 1-.y Y Food; Auto re.:�air-675' Retail-807' Storage/1-,at1-)-554 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) one unit one floor 14' building ht 2 100sq feet 8) NUMBER OF EMPLOYEES five 9) LOT COVERAGE: building 1l y; landscaped areas 18 % building, parking, outside storage 82 % 10) COST ESTIMATES: Buildings $ 000 , Landscaping $ 200.00 Other Site Improvements'(please list with cost) $ 11) ESTIMATED PROJECT COMPLETION DATE: falI 1993 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) 200 Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 15 ; 12-1p.m. 20 1-2 p.m. 17 2-3 p.m.?0 0— - 3-4 p.m. ..0 4-5 p.m. --- 5-6 p.m.�-; 6-7 p.m. - 13) PEAK HOURS OF OPERATION: 7-9am.'-6pn. 14) PEAK DAYS OF OPERATION: tbursday frieay DATE OF SUBMISSION ./ / SIGNATURE OF APPLICANT DATE OF HEARING 1 .. PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 1.7) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible.) Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. Existing and proposed curb cuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to of greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9' x 18') with 22 or 24 foot aisles as required. Number and location of compact car spaces. (This requires sepa- rate Planning Commission approval). Number and location of handicapped spaces as required. (13 feet by 20 feet in size, one per every fifty spaces). Location of septic tanks (if applicable). Location of any easements. Lot. coverage information: Building footprint, building, parking and outside storage, and landscaped areas. Location of site (Street # and lot. #). North arrow Name of person or firm preparing site plan and date. 2 November 5.1993 Raymond Belair Zoning & Planning Assistant Dear Ray; Sorry for not getting this out sooner, I will be in town weekly during November and availble to come by your office or at the Shelburne Road Store if need be. Rene Bourne has been instructed to limit his use of the space in question to the bathroom and waiting area until this is ironed out. One of us will come by and pay any advertising/permit fee needed to start the process. The Station number is 658-6460. Sincerely 11 Gary Bourne` 7W SF+ELSURNE RD. SID • BURL146TM. Vr. i � � , I � ''� •- -- .ate---- . r ravler . li r 1 �•au�ICy �' -Air. EMPLO CE 1 PARING t MUM ftaf. r -Xk oarsrOE G .�•,-. � I Hate �:'� �7 .�f M E M O R A N D U M To: Project Files From: Raymond J. Belai , Zoning and Planning Assistant Re: Preliminary Comments, January 11, 1994 agenda items Date: December 6, 1993 GARY BOURNE - ADD RETAIL USE TO SERVICE STATION - SITE PLAN --- ITE Trip Generation Manual estimates that adding this retail use to a service station will increase P.M. peak hour trip ends by 9. Service station use currently far exceeds the trip end limits, therefore, the only way the Planning Commission can approve this application is if they find that the applicant is making a change which will result in a net benefit to traffic flow, or applicant must show that trip ends will not increase. --- provide size of lot. --- plan should show a minimum of 11 parking spaces including one (1) handicapped space. --- plan should show dumpsters, dumpsters must be screened. --- plan should show all existing and any proposed exterior lighting locations, applicant should provide lighting details including types, wattage, etc. --- access to service annex to the east should be labeled. INVESTORS CORPORATION OF VERMONT - OFFICE/WAREHOUSE - SITE PLAN --- for phase 1, provide the following: square footage of office, number of non -office employees and number of company vehicles operating from the premises. --- indicate the landscaping to be planted with each phase. Landscaping for each phase must be consistent with the const ruction cost of each phase. --- show building mounted and pole lights for phase II, if any and indicate wattage to be used. --- site plan approval is valid for six (6) months with a six month extension approval by the Planning Commission. If the applicant does not anticipate starting construction on phase 2 within one (1) year of approval, he should apply for a multi -phase project under Section 20.302 of the zoning regulations. The applicant should indicate the length of time being requested. This request should be made in writing. --- landscaping proposed is $4,225 short of the $14,500 requirement. Applicant should increase size of proposed plantings or propose additional plantings. Plantings to be MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments January 11, 1994 Agenda items Date: December 6, 1993 PROPOSED DAY CARE - 1537 WILLISTON ROAD 1. Provisions should be made to allow for turnaround. This could be made by deleting parking space No. 1. 2. Use will generate traffic during peak hours on Williston Road making ingress and egress dangerous. LOT NO. 1 - GREEN TREE PARK - SHUNPIKE ROAD - KIMBALL AVENUE 1. Entrance drive shall have a concrete depressed curb. 2. Existing fire hydrant on Gregory Drive is 24 feet from north- east property corner not 45 feet as plan shows. This would require it to be moved or driveway relocated. 3. The north -south leg of Shunpike Road across from the destroyed Willis barn does not have curbs. Plan shows curbs. LAKEWOOD COMMONS - SHELBURNE ROAD There is a 5 foot concrete sidewalk constructed along Shelburne Road portions of which is on private property. This sidewalk should be shown and portions outside of the street r.o.w. deeded to the City. TEXACO STATION - SWIFT - SHELBURNE ROAD Plan received by City November 10, 1993 is acceptable. ,�6tb Nurltngton Ntre Btpartment 575 l9nrset street "r youth _43urlingtnn, Vermont 05403 1 FAX: (802) 658-4748 (802) 65&7960 TO: SO. B► RL_ I NGTCsN PLANNING COMMISSION F"i-•:i:!M - C:A--i I Ef- S ODDE..i ..i..EF: SR. F?E , T'UE:SDAY JANUARY 1 1 , 1 `?94t. DATE a DECEMBE-.R 1 „ 194'r'3 1. 1—GREEN TREE_ EARL+: GREGORY DRIVE JOB # 93603 DATED 1 1 / 15/0-3 THIS FLAN HAS BEEN REVIEWED BY THE FIRE DEPARTMENT. . FOR FOR PHASE # 1 THE TWO HYDRANTS IS ADAQU I TE BUT WHEN PHASE 02 IS BUILT A THIRD HYDRANT WILL BE REQUIRED AT A LOCATION APPROVED BY THE FIRE: CHIEF. 2. LAKEWOOD COMMONS PROJECT # 85086 DATED 12/ 1'6/93 AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT WHICH WOULD EFFECT EMERGENCY PROTECTION. 3. KAT'HER I NE BLS` I R DATED 1 '1 / "c_' 3 / 93 1537 W I LL I STON ROAR? DAY Cr-ARE PLAN HAS BEEN REVIEWED BY THIS DEPARTMENT AND I DO NOT SEE A PROBLEM FOR OUR DEPARTMENT ON THIS PROJECT. SHE:: IS REQUIRED TO HAVE AN APPROVAL BY THE STATE: DEPARTMENT RTMEN T OF LABOR AND INDUSTRY" TO MAKE. SURE THE BUILDING IS UP TO CODE . 4. OAR`i J. Bl:!Lif':NE:: DATED 6/87 60 SI'- ELBURNE'. ROAD FLAN HAS BEEN REVIEWED BY THIS DEPARTMENT AND NO CHANGES AREA BEING MADE'. ..i..O THE: PROPERTY AS FAR AS USE . I DO NOT' SEE A PROBLEM WHERE IT WILL CHANGE EMERGENCY PROTECTION IF NEEDED. „ City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 September 17, 1993 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Re: Zoning Violation, 760 Shelburne Road Dear Mr. Bourne: ZONING ADMINISTRATOR 658-7958 It has come to our attention that you have converted a service bay at 760 Shelburne Road to retail sales. Please be advised that this is a violation of Section 20.10 Zoning Permits and Section 19.10 Site Plan Review of the South Burlington Zoning Regulations. Your violation consists of changing the use of a service bay without site plan approval and without a zoning permit. Therefore, pursuant to 24 V.S.A. Section 4444, you have seven (7) days in which to cure this violation or be subject to legal action by the City of South Burlington. You may be subject to fines of up to $50 per day for each day the violation continues. If you have any questions, please give me a call. Sinc ly, 4'� : � 7 - //�S" ' Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Certified Letter #P 313 382 718 CITY OF SOWHI BURLINGTON J SITE FLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) — _ —_ —:ary Bourne 1023 Broad ray, Raynham Mass . 02767_u: 2) APPLICANT (name, address, phone #) ` same (6l7)8�2-6299 3) CONTACT PERSON ( name, address, phone #) _ same_ 4) PROJECT STREET ADDRESS: _ 760 _Shelburne., Rd,_Sotith B. rla-ng_tdn._. _ 5) LOT NUMBER (d I' a p p 1 i cab 1 e)_- 6) PROPOSED USE(S) addition on rear of -----_-------- IL- .50 T island-_cano lcurr..�ent7_y_3.-.b�y_._serv3. co ._ t;a i�.n 7) SIZE OF PROJECT (i.e. total. building square footage, # units, maximum height and # floors, square feet per floor)--___ building is,100 sq—ft. _with addition 8) NUMBER OF EMPLOYEES five ___�_,••______._ 9) LOT COVERAGE: building _ ll__-%; landscaped areas_,_$,,—% building, parking„ outside storage...8?-.% IU) COS')' 1:STIMATES: Buildings $. Q'.s000 _.._--, Landscaping $5,9500 Other Si t-P Improvements (please list with cost) S _. 1 1) EST 1 MATI- 1) PROJ I•:cT COMPLFT I ON DATF : spring 196.8.. 1 2) FST1MA'I'I•:I1 AVERAGI( DAL .Y 'I UA F I C (if) and Out.) .400 .. im:iiiod tvi,, ends ( in and r;ut 1 iui ii the `lr;nrlt;� (hr•nu,;h Frir)n�. noon 15 12-ll;.m. 20 1-2 I).m. i5 :'-. I;.m• 20 20 11(ilIPS OF 7-9am 3-6 pm thurs and Fridays APPI. I `. 1 1/7/88 �✓ Bourne's Service Center 760 Shelburne Rd.,South Burlingtcn scale 1-20 Landscape design by Champlain Valley Landscaping Drawn by Gary Bourne s- (ice rn I \ I Ak) Mvvf, -4 I I / \' I aft 14 c?,AF.{ Pr a) _ ``.lVu'i1P14' ;ICE Dui- I �fcr413wY• I � I CA P f PAkKIM[i 14P I it • iN'r�t;erati:, �a,drk_ I_ - - - -- - i I I 1 rvRECKEQ I � I � `� c�RxIN� I \ i i 3 r ii Ark EtAPLO EE PAR 3NG � - �-- -- - , �t lay fku �, -- ► sDnaIyE I�RcPoSEIi ADGtnoN. I i c � iUN�k3zKr (is) 1 I © lJ- J,,rlvvi�!_- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 February 23, 1988 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Re: Bourne's Texaco, 760 Shelburne Road Dear Mr. Bourne: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the January 26, 1988 Planning Commission meeting. Please be sure to meet the stipulations prior to applying for a building permit. Sincerely, i air, Jane B. Lafleur, City Planner JBL/mcp Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 27, 1988 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Dear Mr. Bourne: Enclosed please find ,your copy of Findings of Fact. any questions p.lf!ase call me. JBL/mcp 1 Encl ZONING ADMINISTRATOR 658-7958 If you have Sincerely, \� m-cb. �- Jane B. Lafleur, City Planner �5,vutb Nurliugtvu Nire Department 575 Buroct -treet *uutb Nurlingtun, Verrnunt 05401 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 January 19,1988 To; So. Burlington Planning Commission From; Chief James W. Goddette Sr. Re; January 26,1988 Agenda Items #1. Bourne's Service Center 760 Shelburne Road The plans were reviewed by this department and at this time I have two (2) concerns; A. The canopy over gas pumps must be 14' high to allow fire equipment under it if needed. B. The parking area near Swift Street I feel is to small for the number of parking spaces and could cause a problem for access for our equipment. #2. Pete's Trailer Mart 4016 Williston Road Plans reviewed by this department and at this time I do not see a problem as long as the fire lanes are maintained. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: January 26, 1988 agenda items Date: January 22, 1988 2) BOURNE'S SERVICE CENTER, 760 SHELBURNE ROAD 1. Swift Street and Shelburne Road improvements are now in progress and any'work including landscaping in this area shall be coordinated with the street improvements. 2. A sidewalk should be included along Swift Street. 3. Any planting at intersection shall be of the low growing type. A flowering crab tree may obstruct view especially vehicles leaving the gas station onto Swift Street. 3) PETE'S TRAILER MART, 4017 WILLISTON ROAD 1. Plan is an improvement over what now exists. 4) ORCHARD LAKE ROAD PROPERTIES 1. The best location of the driveway is from the future City street. The latest revision places the drive adjacent or through a landscaped mound that has some well established trees including evergreens. It is well maintained and will obstruct sight distance for the driveway. 1 M E M O R A N D U M To: South Burlington Planning Commission - From: Jane B. Lafleur, City Planner u� Re: January 26, 1988 agenda items Date: January 22, 1988 2) BOURNE'S TEXACO, 760 SHELBURNE ROAD Gary Bourne proposes to construct a 350 square foot addition to the rear -of the�Texaco building and a 44 foot x 50 foot canopy over the pump islands at 760 Shelburne Road. The property is zoned Commercial -One. . The Zoning Board granted a dimensional variance to allow the canopy to infringe on the front yard and the addition to infringe on the rear yard. See attached November 9, 1987 and November 30, 1987 minutes. Access: Access will be from a 40 + foot curb cut on Shelburne Road and a 40 foot curb cut on Swift'Street. A sidewalk should be constructed along Swift Street and an easement for it given to the City. A bond should be posted prior to permit. i..art__,As__ available in the front _of the building. The plan shows 14 parking spaces to the north of the building that would limit circulation in the area if they are used. Parking: Seven spaces are shown along the southern boundary of the property and 14 along the north of the building. The plan does not show adequate aisles but I doubt all 21 spaces will ever be used. Most likely they will be used for vehicle storage. The ordinance does not state a required number of spaces but some standards require 6 spaces per service bay or 18 for these 3 bays. See Chief Goddette's comments regarding aisles. Landscaping: The $30,000 square foot addition requires $900 in new landscaping. Mr. Bourne proposes a plan valued above this amount that includes norway maple, junipers, cranberry, crab, potentilla and flowers. The plans show a 2 foot. high berm along the corner of Swift and Shelburne Road. The State plans seem to show this as a sidewalk instead. Traffic: There should be no change to the traffic counts. The The .46 acre property permits 8 trip ends. The use generates 45 tripends during the peak hour according to the applicant. There will be no change to the number of vehicles that are served at any one time. Other: See Bill Szymanski's and Chief Goddette's comments. M E M O R A N D U M ro: �-19outh Burlington Planning Commission From: William J. Szymanski, City Manager Re: January 26, 1988 agenda items Date: January 22, 1988 2) BOURNE'S SERVICE CENTER, 760 SHELBURNE ROAD 1. Swift Street and Shelburne Road improvements are now in progress and any work,�ncluding landscaping in._this area shall be coordinated with the street improvements. 2. A sidewalk should be included along Swift Street. 3. Any planting at intersection shall be of the low growing type. A flowering crab tree may obstruct view especially vehicles leaving the gas station onto Swift Street. 3) PETE'S TRAILER MART, 4017 WILLISTON ROAD _,1. Plan is an improvement over what now exists., 4) ORCHARD LAKE ROAD PROPERTIES 1. The best location of the driveway is from the future City street. The latest revision places the drive adjacent or through a landscaped mound that has some well established trees including evergreens. It is well maintained and will obstruct sight distance for the driveway. 1 To; From; Re; §�vutb N urltugtuu ,dire Department 575 Bnrort #trey# .Mah url ugtvn, rrminn# 05401 January 19,1988 So. Burlington Planning Commission Chief James W. Goddette Sr. January 26,1988 Agenda Items r r OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 Bourne's Service Center 760 Shelburne Road The plans were reviewed by this department and at this time I have two (2) concerns; A. The canopy over gas pumps must be 14' high to allow fire equipment under it if needed. B. The parking area near Swift Street I feel is to small for the number of parking spaces and could cause a problem for access for our equipment. #2. Pete's Trailer Mart 4016 Williston Road Plans reviewed by this department and at this time I do not see a problem as long as the fire lanes are maintained. i CITY OF SOUTH BURL I NGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) a",y Bcurne 1023 Broadway, Raynham Mass . 02767 2) APPLICANT (name, address, phone #)— same (617)822-6299 :3) CONTACT PERSON (name, address, phone #) -__same 4) PROJECT STREET ADDRESS: 60 Shelburne.. Rd,_So�.t1rintcbrl_._ 5) LOT NUM13E'.It (if app1 icab 1e 6) PROPOSED USE (S) _addition._ onrear of' . 1 x50 t island canopy.. �curr�entl.y_� ,b��._serv� ce 7) SIZE OF PROJECT (i . e . total. bu i ld i ng square footage, # un i t.s , maximum height and # floors, square feet per floor)_.__ building- is. ;�.100 sg ft�with addition 8) NUMBER OF EMPLOYEES f iVe....._..-._-- 9) LOT COVERAGE: building _ 11_ %; landscaped areas-1,8 - -% building, parking„ outside storage_.-82_% lU) COST ESTIMATES: Buildings $.._IOs000_. ..., Landscaping $3.,50.0 Other 5i t.P Improvements (please 1 i st with cost) S I I ) F.ST I `IATI-1) PRO.) F.CT COMPLET I ON DATE: spring 198.8 1 2) FIST1 `1 TFI) AVERAGE. DAILY TilAF I (' l i n and out.) .400 I t i in;t t t•d trip tends (in Blind otit ) dtlr i n,-, the I'o 1 1 l)w i fll.J hmlr5: : �It111 I%: I Itr olli.01 I'1'1(III *v I I--12• nooii 15 12-11).m. 20 : I-2 I;.m. 15 ;'-:; I;.n'. 20 {-1 j .tn. 30 I;.ni. 3> —f; i`.ui. 45 20 1 a) I'1: \li II(WI%,ti o 111'i?1i \'I' I11.` 7-9am 3-6 pm 10ti (* (.►I'1•:HAT1t)N: thurs and Fridays U:\'I'I. t►I til l3"11 :�`t 1t►� ti 11; :\'I'l Rl: tlF APPI.I1 `' f Bournets Service Center 760 Shelburne Rd.,South Burlington } { scale !-20 Landscape design by Champlain Valley landscaping ` Drawn by Gary Bourne L- I • %jVM', C.'I.;;1 t� lea >< �i`�aFl, �'r� � � kit�r� �rt�`r,�I St�iWrQ•t� � � � \ j fl.e�INb cP.AEtI��-E��) I) 7 1 ounJre PRa I sww,y� ritkxh{ N� f _ � rtJkl.�rtvAtW Ilia tlk�C+t-t{ c�vlNct. qt\I 1.1 CITY OF SOI T11 BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) Gary Bourne 1023 Broadway, Raynham Mass._ 02767 2) APPLICANT (name, address, phone #) s 9me (617) 822-6299 :3) CONTACT PERSON (name, address, phone #) _-Same 4) PROJECT STREi,-.T ADDItESS : _ 7hp Shelburne., Rd,. -South B.tlr11ngt_4n_. _ 5) LOT NUMBER (if applicable) Yl�a __-- -.----•____-- - _-- _._- .- - . 6) PROPOSED USE (S) _addition_ on rear of'- bui]�i�,C:!3! 1.+ x501 .island _cano . /currently_3.-by_._servi co-�t;at-iQ.n 7) SIZE OF PROJECT (i.e. tc,tal building square t'oota.e, # uni t.s, maximum height and # floors, square feet per floor)_.__ building is.- ;�=100 sq ft. with -addition___ 8) NUMBER OF EMPLOYEES fiVe......_.._._-- 9) LOT COVERAGE: building 11_ _%; landscaped areas_j&L_% building, parking„ outside storage_._82 % 1U) COST ESTIMATES: Buildings $.._3Q.,OOQQ _ Landscaping $3..050.0 Other Site Improvements (please list with cost) I I) I...ST I MA111 1) PRO.I I•:CT COMPLETION DATE: Spring 1968 1 2) F.STIMA' HI) AVERAGE, DA I L.1 TRAFFIC (it) r111d mi t 1 400 hst im:itod trip tends (in and ont ) the f<r11(,1:in,_i h•�ui�.: `Ionda � 1 h roll0l F r i dog II-•1'2' n(ioii j.5 1�-ll).IT) . 20 I-'L li.m. 15 _-. ly.m. 20 a - I 1 .m. 30 1-5 I).m. 35 :,-�, I .n�. 45 r-f 20 1:3) I'I.11� IIIWI;S O ��I'i?It\'I'IttN 7-9am 3-6 pm thurs and fridays DATE t►I tii 13�1lti`;I�t\ 1/7/88 C 7 - I Y � -Z, - 6 d 11 i Bournefs Service Center 11-110 760 Shelburne Rd.,South Burlington scale 1-20 Landscape design by 'Champlain Valley Landscaping Drawn by Gary Bourne -?m 16 14A vtr�. f E) Att9) fVA ILA I'M A j � JAAMO I CAP PARKjNC4&' CNI P k4i ta*,L- kA WA 1 LU CAW (9 0 WIECKEIZ EMPLOI EEE Jllffc k • P OP LIP) PAR 1?4G If N %jA� tUM K, 0" ADD(Tlar4. Ic VOLe.' PAri 015 M ��OF Planning File Data for Computer Input. 1. Original Property Owner _C(Locr�(1Q, 2. Developer's Name 3. Name of Development��-rQ 4. Address of Development or Project 5-0 tS)CXY4 Canopy, tg& I o' x 3,s� V-)- 5. Type of Project_ _ Minor Subdivision (MI) Major Subdivision (MS) Site Plan (SP) 6. Zoning District 1 C \ 7. Zoning District 2 8. Zoning Board Approval date if Required 9. Date of Planning Comm}ssion Hearings/Meetings Site Plan Date J 01c or Sketch Plan Date 10. Preliminary Plat date 11. Final Plat Date 12. Revised Final Plat Date 1 (if applicable) 13. Revised Final Plat Date 2 (if applicable) ''? 14. Acreage of Total Project '7 15. Use of Land 1 16. Use of Land 2 17. Use of Land 3 18. Use of Land 4 19. Number of Lots 20. Number of Single Family Units 21. Number of Multi -family Units V 22. Construction Cost of Building 10 fi 3 23 . Size of Building ( Square footage) a,1�fl g� i,J► ��� 24. Streets City Street CS Private Street PS 25. Date of Acceptance of streets by City 26. Bond-Landscapingap00 27. Bond -Streets 28. Bond -Sewer 29. Bond -Water 30. Bond -Other --�<� m-� ,�(Yl�(0-� 31. Date Mylar Due (90 days after approval) 32. Date Recorded - 33. Expiration date of Approval L _ 34. Date of First Building Permit 34. Tax Map Number 7 36. Map File Location 1 37. Map File Location 2 38. Map File Location 3 Other fees (Type and amount) Preparers Name: Date: Posted in Computer (Name, Date): H 1/15/88 ) JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Gary Bourne for construction of a 350 square foot addition and new pump island canopy at Bourne's Texaco, 760 Shelburne Road as depicted on a plan entitled "Bourne's Service Center, 760 Shelburne Road, South Burlington" prepared by Champlain Valley Landscaping and Gary Bourne dated 1/7/88 with the following stipulations: 1. A $2000 landscaping bond shall be posted prior to permit. The flowering crabs proposed for the corner shall be relocated to another place approved by the City Planner prior to permit. Landscaping shall be coordinated with the State improvements to Shelburne Road so that no work is done twice. 2. A bond shall be posted prior to permit for construction of a sidewalk along Swift Street in an amount determined by the City Engineer. A sidewalk easement shall be given to the City prior to permit. 3. The canopy over the pump islands shall be at least 14 feet in height for fire access. 4. The building permit shall be obtained within 6 months or this approval is null and void. 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 January 22, 1988 Gary Bourne 1023 Broadway Raynham, Massachusetts 02767 Re: Bourne's Texaco, 760 Shelburne Road Dear Mr. Bourne: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my memo to the Planni►ib Commission. Also enclosed are Bill Szymanski`s and Chief Goddotte's comments. Please be sure someone is present on Tuesday, Janijary 26, 1988 at 7:30 P.M. to represent your request. Sincerely, Ct-A�l i4ttN- Jane B. Lafleur, City Planner JBL/mcp 'IS�l.tos x'd•5 = 0'2 l8 0"1. o\`" -Tr&_�c CxJ `Ila a.L. u y �51�0 , 1 �' ---- x -hr y o,DOD verso sa d37 nd 7 �r59 >'t2 SOS �I' Rc• ti 0 I 24 . 7� • 1 2 a " � O Q @) oe 03, 05- /4.9 74 'INDEN Q 'e � sib 012, • rJ4 . s/! , a '7' o� - - _ se 7 � // N3 /S ���� c