HomeMy WebLinkAboutBATCH - Supplemental - 0764 Shelburne RoadJune 14, 2012
Re: #SP-12-20
Dear Applicant:
Enclosed, please find a copy of the Findings of Fact and Decision rendered by the
Development Review Board concerning your recent application. Please note the
conditions of approval including that a zoning permit must be obtained within six (66)
months.
If you have any questions, please contact me.
Sincerely,
I W
amond J. Belair
Administrative Officer
Encl.
CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 4412
575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101
www.sburi.com
(Property Owner Authorization Letter)
Owner Authorization Agreement for: 764 Shelburne Rd., South Burlington, VT 05403
Date: April 27t", 2012
This letter is to serve as permission for Jeffrey Olesky, P.E., and Civil Engineering
Associates. Inc. to act as the agent for the owner, to prepare and submit all documentation
and attend all meetings pertaining to any of the following applications:
1. South Burlington Site Plan Application for Proposed New England Federal Credit Union
This agreement pertains to the property located at 764 Shelburne Rd., South Burlington VT,
05403 and whose deed is recorded in Volume 1035, Page 233, Tax Map # 1540-00764.
Furthermore, I Gary Bourne, owner, do hereby authorize Jeffrey Olesky, P.E. to agree to
terms and conditions, which may arise as part of the approval of the applications.
Signature, Property Owner
Gary Bourne
Name of Property Owner (Please Print)
ti `
',
southburling too,
PLANNING & ZONING
MEMORANDUM
TO: South Burlington Development Review Board
FROM: Cathyann LaRose, City Plann rj✓
RE: Agenda #5, SP-12-20, New En and Federal Credit Union
DATE: May 29, 2012
New England Federal Credit Union, hereinafter referred to as the applicant, is seeking to amend
a previously approved plan for a 100 seat 2,475 sq. ft. restaurant. The amendment consists of
temporarily converting 1,854 sq. ft. of the building to financial institution use with no use
designated for the remaining 621 sq. ft., 764 Shelburne Road.
TRAFFIC
This property is located in Traffic Overlay District Zone 1, the most restrictive traffic overlay
district, which limits this property to a maximum of 10 PM Peak Hour Trips (based on a 26,572
sf lot). However, the property is currently grandfathered at an existing 41 PM Peak Hour Trips
(based on 100 seats of high turnover sit down restaurant).
The temporary conversion of 1854 square feet of restaurant use to "Walk-in Bank" will reduce
the trip end use to a total PM Peak of 23.
The applicant has committed that this conversion be temporary (± 10 months) and is asking that
the Board allow the site to retain its grandfathered allowance of 41 PM Peak Trip Ends.
Staff supports the request provided a condition is placed on the approval that the conversion
indeed be temporary. Staff recommends that the conversion to bank be permitted for no longer
than one (1) year from the issuance of the zoning permit related to this approval.
PARKING
The proposed use will require a total of seven (7) parking spaces. 49 parking spaces are provided
on site. The applicant is proposing to add a new bicycle rack.
As there are no additional site modifications, Staff has no further comments. Staff recommends
approval of this request with the condition included above.
S75 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
1,
LEGEND
-- - -
EXISTING CONTOUR
PROPOSED CONTOUR
— — —
APPROXIMATE PROPERTY LINE
APPROXIMATE SETBACK LINE
SS
GRAVITY SEWER LINE
FM
FORCE MAIN
— — W
WATER LINE
— —OE
OVERHEAD ELECTRIC
— —UE
UNDERGROUND ELECTRIC
- G
GAS LINE
— —ST
STORM DRAINAGE LINE
SEWER MANHOLE
STORM MANHOLE
HYDRANT
®
SHUT-OFF
POWER POLE
®
CATCH BASIN
0o
LIGHT POLE
T
SIGN
�+
DECIDUOUS TREE
CONIFEROUS TREE
ivwvwvvv-,
EDGE OF BRUSH/WOODS
—•—•
FENCE
�— ---
DRAINAGE SWALE
GRAPHIC SCALE
( IN FEET )
I inch - 20 fL
GENERAL NOTES
1. If there are any conflicts or inconsistencies with the plans or specifications, the
Contractor shall contact the Engineer for verification before work continues on the item in
question.
2. Property line information is approximate and based on existing tax map information.
This plan is not a boundary survey and is not intended to be used as one.
3. The purpose of this plan is to depict the existing site conditions of 764 Shelburne Rd.
in conjunction with the local Site Plan application requesting a portion of the existing
building be internally renovated to accommodate a temporary branch office for New
England Federal Credit Union. No building exterior or site improvements, beyond new signs,
are proposed In conjunction with this project.
ZONING REQUIREMENTS
Zoning District - Commercial 1 - Residential 15
Overlay Districts - Traffic, Transit
Recuired Existing Proposed
Lot Size (SF) 40,000 ±26,572• t26572-
Maximum Lot Coverage (X) 70 f77• t77•
Maximum Building Coverage (%) 40 39.3 t9.3
Front Yard Setback (LF) 30 ±72 ±72
Side Yard Setback (LF) 10 ±14 ±14
Rear Yard Setback (LF) 30 ±112 ±112
Maximum Building Height (FT) 35 ±25 ±25
- Existing non -conforming values to remain.
TRIP CALCULATIONS PARKING CALCULATIONS
Existing Use - Required Spaces -
ITE Land Use Code 932 5.8 spaces per 1,000 GFA
(High Turnover Restaurant) 1.854 sf of GFA
100 Seats O .41/seat 5.8 O 1.854/1.000 = 10.8 = 11 spaces
41 Peak PM Trips
Proposed Spaces -
Proposed Use -
48 standard spaces proposed
ITE Land Use Code 911 1 handicap space proposed
(Walk -In Bank) 49 total spaces proposed
1.854 sf O 12.13/1,000 sf
23• Peak PM Trips
• - Owner requests existing trip
count 41 Peak PM trips be retained
for use on this property, as the
proposed use is temporary in nature.
N
SITE ENGINEER:
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ENGINEERING ASSOCIATES. INC.
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764
SHELBURNE
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414 WEST GROVE
STREET
MIDDLEBORO
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MASSACHUSETFS 02346
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PROJECT
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! NEW ENGLAND
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n/f BOURNE, GARY
PARCEL ID #1700-00031
FEDERAL
1CREDIT
UNION
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BURLINGTON
VERM1 05403
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..TRASH AND •�
EXISTING BUILDING
NEFCU = f1,6-
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ENCLOSURE \ I ` I
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UNUSED
UNUSED = t621 21
TOTAL - 32,475 � _I
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5 STORAGE
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,764 SHEL,BURNE ROAD, LLC
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• i� PARCEL 10-0540-00764C
Vol. 1035" g. 233 PROPOSED
t0.81 `A,cOWE RACK
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-vim I`.
LOCATION•
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2000
EXISTING
CONDITION
ORTHOPHOTO
SITE PLAN
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_ APR. 25 2012
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• � 11196.02
southburlington
PLANNING & ZONING
Permit Number SP--
(office only)
APPLICATION FOR SITE PLAN REVIEW
❑ Administrative q..Development Review Board
All information requested on this application must be completed in full. Failure to provide the requested
information either on this application form or on the site plan will result in your application being
rejected and a delay in the review before the Development Review Board.
1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #):
She Iburyte 1Zoi'4� 1-w e& 6�N &yne
411+ Ps+ �'�� S} �. 14'1l�lh NA A 143+tg
ot,"rnetz -r 6�e n
2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): V 10 36 Pa Z-712-1
3. APPLICANT (Name, mailing address,, phone and fax ft
�ew�rhal�nd �cder�l �'r=c�-rt l,�.von c� it'bcyvlri �-C�I�tIS I' q
7C w �L%r' �I�II�J'i�r�yT 1754 q� i3 4) U'l'?)11 UT �PiAl,7��1
4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name,
address, phone & fax #): Y;� �1 f�Iv+Ce✓►vtrn 1�55u i��{S. Ivy. 41.- e e lty'c.1
D ( ftA 004 - 23L3 (1�iUL1 �44-zill i
4a. CONTACT EMAIL ADDRESS:: loleslc�:j iai Cea-vf. i.vm
5. PROJECT STREET ADDRESS: —76 S�iel6owyve LZd
6. TAX PARCEL ID # (can be obtained at Assessor's Office): 1154'L - 001v'+(,
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
7. PROJECT DESCRIPTION
a. General project description (explain what you want approval for):
N�FW w'& W +,em400rilV 10 MoAik ilSl✓1ct a Pt1.1,ov, � �- 1 gCq IG )
-Nr e;1,,.f►ng 214-15 sF hItIIAid (so" "il 4��zaa 1 � r�s}u,,,r✓a) t�
25 d �etrnnoYrn4 V(-7"1 n Ate 1 iX>kirn% wh, l }hey Ytur�tsi w.c �
-1hc�✓ __ a'i1iN a)-` I01)o SheN,w yie IZA-
b. Existing Uses on Property (including description and size of each separate use):
rme�l.r pizza ��tY �cs�a�vahl jh�k ,s Lw�ve���y �rc,t '114e
661 Ain n i aFatrdx '� yn,afi-e ly 2, + 1 G s yn s Ze .
c. Proposed Uses on property (include description and size of each new use and existing
uses to remain): _ Aoe a--i✓n-- 4-<ly 10 6GA- nJ f4V; 4
,1A,u W1 il br_ ulhevn>11v teyio-Ja ffA ib �1G,W9Y' rA +f �hr
�CYNbnt'��l �(dhCL, DF41 PJ NEr ca .
d. Total building square footage on property (proposed buildings and existing buildings to
remain): IL4.- = "� 2,470a -4 Ay irevnain
e. Height of building & number of floors (proposed buildings and existing buildings to remain,
specify if basement and mezzanine): Ex. heist, } t Z� ' +b e„n,,n.
�1Jl�tile "+lo�� b�nll�►v►ci
f. Number of residential units (if applicable, new units and existing units to remain): ►.t A
g. Number of employees (existing and proposed, note office versus non -office employees):
11 Ime emnl. v ees Qrt,v os ec1
h. Other (list any other information pertinent to this application not specifically requested
above, please note if Overlay Districts are applicable):
y
Z-Vo l yi iV y�r'i L A — vn et�cd� l I , 12 es, dPr � 115
Site Plan Application Form Rev 12-2011
8. LOT COVERAGE Total Parcel Size:—'! 2,,( 512 Sq. Ft.
a. Building: Existing
r �.3 % /
2-1+15
sq. ft.
Proposed
+ q. %/
! 2.t4-15
sq. ft.
b. Overall impervious coverage (building, parking, outside storage, etc)
Existing
I -t 7 % /
T U, 41eo
sq. ft.
Proposed
r i-7 % /
+ 2,oi +-j0
sq. ft.
c. Front yard (along each street) Existing # 5w % /
Proposed � 5c$ % /
d. Total area to be disturbed during construction (sq. ft.)
(W5-o sq. ft.
} 1 wlo sq. ft.
*
* Projects disturbing more than one-half acre of land must follow the City's specifications for erosion
control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre
require a permit from the Vermont Department of Environmental Conservation.
9. COST ESTIMATES
a. Building (including interior renovations):
b. Landscaping:
c. Other site improvements (please list with cost):
10. ESTIMATED TRAFFIC
$ -e-
0
a. P.M. Peak hour for entire property (In and out):2 ITS j,„^1 Use &,Ae '1I1 tW>,iy ih (3;mw)
11. PEAK HOURS OF OPERATION: 4• pM -�b 5 pM
12. PEAK DAYS OF OPERATION: F-vi Aay
13. ESTIMATED PROJECT COMPLETION DATE: E�uly , '2-0(2-
14. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the
City's Land Development Regulations. Five (5)' regular size copies, one reduced copy (I V x 17"), and
one digital (PDF-format) copy of the site plan must be submitted A site plan application fee shall be
paid to the City at the time of submitting the site plan application in accordance with the city's fee
schedule.
Administrative site plan applications require three (3) regular size copies, one reduced copy (11" x 17"), and one
digital (PDF-format) copy.
3 Site Plan Application Form Rev. 12-2011
NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining
property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington
Land Development Regulations, is the responsibility of the applicant. After deeming an application
complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public
hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the
City prior to the start of any public hearing.
I hereby certify that all the information equested as part of this application has been submitted and is
accurate to the best of my knowledg .
SIGNATURE OF APPLICANT/D
SIGNATURE OF PROPERTY OWNER PRINT NAME
Do not write below this line
DATE OF SUBMISSION: 0�
REVIEW AUTHORITY: [;'Development Review Board ❑ Administrative Officer
I have reviewed this site plan application and find it to be:
[� Complete
Admin
Incomplete
If \
ve Officer
V,
'A
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits
for this project. Call (802) 8 79-56 76 to speak with the regional Permit Specialist.
Site Plan Application Form. Rev. 12-2011
r'lVl tl Irll It�i�ll Ir' r���OClr�r��) II�IC4
10 Mansfield View Lane
South Burlington, VT 05403
April 27", 2012
Ray Belair
Zoning Administrator
City of South Burlington
575 Dorset St.
South Burlington, VT 05403
Re: Application for Site Plan Review
Proposed Temporary New England Federal Credit Union
764 Shelburne Rd.
South Burlington, VT 05403
Dear Ray,
Phone: 802-864-2323
Fax: 802-864-2271
E-Mail: mail@cea-vt.com
RECEIVED
APR 2 2 2012
City of So. Burlington
Please find attached the following in support of the proposed internal building renovations at 764
Shelburne Rd. to accommodate a temporary branch office for New England Federal Credit
Union (NEFCU):
• Application for Site Plan.
• Associated fee check for $288.00.
• Adjoiner's List of neighboring lots notified of application.
• Memo from Roger Dickinson, with Lamourex & Dickinson, regarding trip existing and
proposed trip counts.
• Floor plan detailing internal renovations/space breakdown prepared by Freeman French
Freeman.
• Five (5) full and one (1) reduced size copies of the site plan. The digital copy will be
submitted via email.
As you are aware, the purpose of this project is to provide a temporary location for NEFCU to
provide service to the customers while they reconstruct their facility at 1000 Shelburne Rd. in
South Burlington. This proposed temporary use would be approximately 10 months in length. No
exterior building changes or site improvements are proposed with this project, as the only
construction will involve the internal building renovations to allow for NEFCU at use a portion
of the space.
The existing building is approximately 2,475 sf in size, of which NEFCU plans on renovating
and using 1,854 sf. This area will constitute the most western 3/4 quarters of the existing
building and be accessed through the existing front vestibule. Please refer to the attached floor
plan prepared by Freeman French Freeman for a detailed breakdown of the internal space.
Although no external changes are proposed with this project, a summary of the zoning
requirements can be found on the attached site plan. It should be noted that it appears the
minimum lot size and maximum lot coverage requirements are currently non -conforming, but
will not be made more non -confirming as part of this project. Additionally, a breakdown of the
parking and trip generation for this project is detailed on the attached site plan. The existing
parking is more than adequate for the proposed use.
Regarding the Peak PM Trip calculations, please refer to the memo provided by Roger
Dickinson at Lamourex & Dickinson, for a detailed summary of the existing grandfathered, and
proposed, Peak PM trip ends associated with the property. Based on ITE Land Use Code 932
(High Turnover Site Down Restaurant) and existing 100 seats, this site appears to be
grandfathered for 41 Peak PM trip ends. Based on the proposed 1,854 sf space for NEFCU and
using ITE Land Use Code 911 (Walk In Bank), the proposed Peak PM trip ends is 23. Roger
Dickinson's proposed trip count was slightly less, as he had used an early estimation of 1,500 sf
of space to be dedicated to NEFCU in his memo.
As the owner would like to preserve the existing traffic budget of 41 Peak Pm trip ends
associated with the site, and understanding the proposed use is temporary (+/- 10 months), in
conjunction with this application, we would like to request the Development Review Board
retain the existing traffic budget for this property at 41 Peak PM trip ends.
If you have any questions or concerns about this application or the attached site plan, please feel
free to contact me.
Sincerely,
Jeffrey, esky, P.E.
Cc: CEA File #11196.02
Shawn Brennan, Freeman, French Freeman (via email)
Tom Richards, NEFCU (via email)
Gary Bourne, Owner (via email)
Adjoiner's List
As of April 26th, 2012
Subject Property —
Name Mailing Address Parcel 11)
764 Shelburne Road, LLC 414 West Grove St. 1540-00764
c/o Gary Bourne Middleboro, MA 02346
Adjoiner's -
Name Mailing Address Parcel II)
n/f Bourne, Gary 414 West Grove St. 1540-00760
Middleboro, MA 02346
n/f Handy Mountaha Trust 792 Shelburne Rd., 1540-00792
South Burlington, VT 05403
n/f Bourne, Gary 414 West Grove St. 1700-00031
Middleboro, MA 02346
n/f Jennings Realty, LLC 45 Swift St. 1700-00045
South Burlington, VT 05403
LDLamoureux 8Z Dickinson
Civil Engineers Planners Septic Designers Landscape Architects Land Surveyors
March 1, 2012
Gary Bourne
Bourne Petroleum Ltd
414 West Grove Street
Middleboro, MA 02346
RE: New England Federal Credit Union Temporary Branch
764 Shelburne Road (former Pizza Hut)
Dear Gary,
As requested, we are writing concerning the application of New England Federal Credit Union
to occupy a portion of the former Pizza Hut building located at 764 Shelburne Road as a walk-
in bank branch during the reconstruction of their existing facility located at 1000 Shelburne
Road. The Credit Union is requesting a temporary use of this property, and will vacate the
former Pizza Hut building once construction at their existing 1000 Shelburne Road facility is
completed.
The Pizza Hut building is 2,275 sf in size, and was used most recently as a 100 seat high -
turnover restaurant. Using the number of seats and ITE trip generation rates from land -use
category #932 - High -Turnover (Sit -Down) Restaurant, we calculate that this property has an
existing weekday pm peak hour trip budget of 41 vehicle trips per Section 10.02.H(2) of the
South Burlington Land Development Regulations.
We understand that the Credit Union plans to occupy approximately 1,500 sf of the Pizza Hut
building. The remaining floor area will remain in its current unused state. Using that floor
area and ITE trip generation rates from land -use category #911 - Walk-in Bank, we calculate
that the Credit Union will generate 18 weekday pm peak hour trips.
We further understand that the protocol in South Burlington is that a property's traffic budget
is determined by the most recent use of a property. In this case, the Credit Union's use of
the former Pizza Hut building could conceivably cause this property's 41 peak hour trip traffic
budget to be reduced to 18 trips.
To preserve 764 Shelburne Road's existing traffic budget, we recommend that the Credit
Union's application for a temporary use specifically request that the DRB establish 41 peak
14 Morse Drive Essex, VT 05452 t: 802.878.4450 f: 802.878.3135 ___ www.LDengineering.com
25 Years Serving Fellow Vermonters ♦ ^'�
Gary Bourne
March 1, 2012
Page 2
hour trips as this property's traffic budget. We also recommend that the Credit Union's
application also request that the DRB also include a finding in their approval that the 41 peak
hour trip traffic budget will remain for the future use or reuse of this property after the
Credit Union has terminated its temporary use.
Please feel free to call or email me should you have any questions concerning the above.
Sincerely,
�r 0 - -
Ro cfi
g Dickinson, P.E., PTOE
cc Jeff Nick
P:\2011\11085\Traffic\bourne 2012-03-01.wpd
PROJECT NAME DRAWING NO:
81 Maple Street • Burlington Vr 05401 NEW E N G LA N D
802.864-6844•www.ffflnc.com FEDERAL CREDIT S'KA-
Architecture • Planning • Interiors UNION
freeman Ifrenchifreeman 764 SHELBURNR RD SO. BURLINGTON VT
PROJECT #: DWG REF #: DATE: DRAWN BY: SCAL" DESCRIPTION:
11208 04/26/2012 stc 3/32 NEFCU SF AREA
1'-0"
SF
52
1854 sf
NEFC
0 oil
ARE I
TELLER I LOBBY WORKSTATIO
102
1372 SF
WORKSTATIO j
WAITING
AREA
WORKS N
WORKSTATION
1.
NEFCU AREA PLAN
SCALE: 3/32" = V-0"
NORTH-)
STAFF AREA
- 103
157 SF
1l, ATM ROOM
[106
108 SF
VESTIBULE
J 101
— 64 SF
Adjoiner's List
As of April 26th, 2012
Subject Property
Name _ Mailing Address Parcel ID
764 Shelburne Road, LLC 414 West Grove St. 1540-00764
c/o Gary Bourne Middleboro, MA 02346
Adjoiner's -
Name Mailing Address Parcel ID
n/f Bourne, Gary 414 West Grove St. 1540-00760
Middleboro, MA 02346
n/f Handy Mountaha Trust 792 Shelburne Rd., 1540-00792
South Burlington, VT 05403
n/f Bourne, Gary 414 West Grove St. 1700-00031
Middleboro, MA 02346
n/f Jennings Realty, LLC 45 Swift St. 1700-00045
South Burlington, VT 05403
E
CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE
I hereby certify that on this 21 St day of May, 2012, a copy of the foregoing public notice for Site
Plan Application 4SP-12-20, was sent by U.S. mail, postage prepaid to the owners of all
properties adjoining the subject property to development, without regard to any public right-of-
way, and including the description of the property and accompanying information provided by
the City of South Burlington. I further certify that this notification was provided to the following
parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington
Land Development Regulations:
List of recipients:
See attached list
Dated at South Burlington, Vermont, this 215t day of May, 2012.
Printed Name: Pi-e,�-'1k v
r �T
Phone number and email: ( ti. _ _ ? c <.. �r • c
Signature: `� l
Date:
Remit to: City of South Burlington
Department of Planning & Zoning
575 Dorset Street
South Burlington, VT 05403
South Burlington Sample Certificate of Service Form. Rev. 1-2012
State of Vermont
Department of Fish and Wildlife
Department of Forests, Parks and Recreation
Department of Environmental Conervation
State Geologist
RELAY SERVICES FOR HEARING IMPAIRED
1-800-253-0191 TDD>V010E
1-8Do-253-0195 VOICE>TDD
September 7, 2004
Burlington PH Limited Partnership
c/o American Realty Management
1375 West Hillboro Blvd
Deerfield Beach FL 33442
AGENCY OF NATURAL RESOURCES
Department of Environmental Conservation
Wastewater Management Division
Essex Regional Office
111 West Street
Essex Junction, VT 05452-4695
Telephone: (802) 879-5656
RE: WW-4-2211, Pizza Hut permit existing lot being 0.55 acres with an existing 100 seat restaurant
located on the Shelburne Road in the City of South Burlington, Vermont.
Dear Applicant:
We received your completed application for the above referenced project on September 1, 2004, including
a fee of $50.00 paid by check 41489. Under the performance standards for this program, we have a
maximum of 30 days of "in-house" time to review your application. If we require further information from
you to make a decision, the time until we receive it is not included in the in-house performance standards.
If you have any questions about the review process, or if you have not received a decision on your
application within the 30 in-house days, please contact this office.
We have forwarded the information contained in your application to the Information Specialist for this
region. A Project Review Sheet will be sent to you indicating other state agencies and departments you
should contact regarding additional permits or approvals you may need under their programs. If you have
not already done so, you should also check with town officials about any necessary town permits.
For the Division of Wastewater Management
Ernestine Chevrier
Regional Office Coordinator
cc: South Burlington Planning Commission
DuBois & King, Inc.
Capital Pizza Huts of Vermont, Inc.
Regional Offices - Barre/Essex Jet./Rutland/Springfield/St. Johnsbury
C,1JAAJ zp l
4.
PLANNING COMMISSION
SEPTEMBER 21, 1976
in a mall would be "lousy" jobs at "lousy" wages. Mr. Levesque responded
that many of our people cannot command a good job and there has to be a
place for them.
Mention was made of the Radison Hotel creating new jobs and reducing une.Tploy-
ment. Mr. Poger said he would take low wages anytime as against being unem-
ployed, but he didn't want to encourage industries which only give part-time
employment at low wages.
Mr. Wessel asked if the Planning Commission wished to speak about anything
more than traffic at the next Williston hearing.
`r. Ewing felt a shopping center in Williston would have an effect on traffic
in South Burlington, but except for traffic he didn't think South Burlington
should interfere. He would, however, encourage the downtown Burlington mall.
r2iairman Wessel said he would contact the Chairman of the Planning Commission
in Williston that South Burlington wishes to participate, and he would attend
their next meeting.
Mr. Poger moved that the Planning Commission authorize Chairman 'Wessel to
contact the Williston Town Planning Commission and at their next subdivision
hearing to participate concerning the impact on traffic of the proceed
D ramid Mall, and cite the following points of concern: 1) the increase of
traffic on Williston Roadic gettin on the Interstate would increase
the traffic flow coming past G3 nes; Yennedy Drive might have to be widened
to allow for the increased traffic; 4 the need for Williston Road to be
widened, a problem for Williston as well as South Burlington; there would
have to be some planning for the widening of the industrialyark road oast
Muddy Brook and into the Town of Williston.
Seconder by Mr. Ewing and voted unanimously.
Regarding the film presentation on the Burlington Mall, Mr. Foger sutgested
it would be much more convenient if they brought that to a Planning Commission
meeting rather than the members going into Burlington. All the members have
very busy schedules. Mr. Ewing felt it would be worth going down there to
see it if they won't bring it out here.
Site Plan review of Pizza Hut and Bonanza Sirloin Pit. Mr. Herman Iash
Mr. Lash reviewed briefly the history of his proposal; that his request to
the Planning Commission was denied because a variance was needed; action on
his appeal to the Zoning Board was tabled at the first meeting of the Zoning
Board; there was a fair amount of opposition from adjoining property owners;
at last night's meeting it was again tabled. Therefore, he said, he felt it
best to go to an alternative location of the buildings on the lot so that he
would not need a variance. He said his best plan was the one which needs a
variance; the interior plan would not need one. The variance concerned two
things, one was the lard soaping, the more important one related to the set-
back of the restaurant ouilding from the residential lot.
M,r. Poger said the Planning Commission did take a position on the common
curb cut.
Mr. lash said when he became aware of the abutting residential property he
had agreed with Mr. and Mrs. Gee to place a 10 foot stockade fence along
the 70 feet of his adjoining property line and along 20 feet of the western
line of his property, taking out four parking places and putting shrubbery
In front of the fence.
PLANNING COMMISSION
SEPTEMBER 21 j1976
However, Mr. Lash said, Mrs. Andrews,the other abutting property owner, is
standing on her rights and demanding that the building be 65 feet away
from the sideyard.
Mr. Lash said the original plan given him, which he had refused to show to
anyone, had'four curb cuts shown, with parking to the south along the resi-
dential area. The plan he was presenting tonight would have two curb cuts
and he was requesting that it be accepted in view of the fact that it is
obviously impossible to satisfy this abutting residential neighbor.
This plan would have a 15 foot buffer zone, landscaped with a cedar hedge.
The parking will be 15 feet away; then when it abuts the commercial there
will be some shrubs along the border, but the parking will be brought further
forward with a retaining wall or fence to make it a little easier. The
driveway then would be split as two separate entities, Pittz Hut and Bonanza,
but a connection is still going to be maintained as a pass -through at the
rear of the two properties. This permits a 35 foot dual driveway, in and
out, with an option for people to go around and down, and a 35 foot dual
driveway into the parking area. Originally they had 68 feet of frontage
for grass and shrubs. Now it is 55% frontage with 45% blacktopping. The
partition between the two will be approximately 3 feet and of course there is
an additional 12 feet to give a 15 foot side yard.
Parking -wise, there is still 53, taking away two places from the 55 for
delivery in the rear. There is still parking along the side and in the
back, and in the case of Pizza Hut it is pretty much the way it was first
presented. Bonanza would require 54 parking places plus square footage in
the common areas. Again, the two he had taken away would be used for
deliveries, etc. He said he didn't know whether they would be looked upon as
parking spaces or not.
"r. Poger said No, the Commission did not, but with the access in back it
is possible to park at one place and go into the other
Chairman Wessel asked if each lot by itself had enough parking to support
the building on it.
Mr. Lash replied Yes.
Mx. Wessel asked Mr. Lash if his clients felt comfortable with this plan
or did they really want more space.
Mr. Lash said the site engineers of both companies would accept this; an
operator of another franchise had stated this was the best site he had seen;
but these gentlemen are not local people, they are not in the know as to the
traffic problems we have locally. He referred then to the No Man's Lane
allowing for stacking while waiting to make a left turn. Coming from the
south there would be no problem anyway, he said, because traffic would be
in the lane to make the turn.
Mr. Page said that for the time being there is room to stack in this
relatively unused lane. Most of the discussion previously at the Planning
Commission meeting had related to a common curb cut which would serve as
entrance and exit for two properties. There could be a left turn exiting
problem.
Mr. Wessel asked Mr. Page if he expected they preferred a single ingress
and egress.
Mr. Page said he thought they wanted to test it. Bruce Houghton suggested
two curb cuts. one for each property. He said the ideal thing would be to
have two curb cuts or one way circulation with one curb cut. Another alterna-
tive was to have three curb cuts, one entrance for each property with a com-
bined exit at the center line of the two properties. With the one large
PLANNING COMMISSION
SEPTEMBER 21, 1976
curb cut there could be four cars at once going different ways, doing dif-
ferent things. He said he didn't get a clearcut priority because it is a
problem area. He referred to a memo from Mr. Szymanski saying Mr. Lash has
the alternative of submitting a plan for separate entrances because the City
doesn't have the right to deny him access.
Mr. Wessel stated the Regional Planning Commission does not do design work for
either the City or the developer. However, they will comment on ideas.
Mrs. Maher asked about an easement for Swift Street. Mr. Lash explained that
was not an easement, it was strictly an agreement, that he was in the pro-
cess of talking with Vermont Gas and Exxon, but he didn't want this as a
definite must because at any point Vermont Gas could say No. It could not
be depended upon.
Mr. Babcock asked if it was possible to negotiate to buy an easement from
Vermont Gas.
Mr. Wessel explained it would not be to their best interests.
Mr. Lash also explained Vermcnt Gas wouldn't want to do this as a permanent
thing; they don't know what they might want to do with their property a few
years from now.
Mr. Poger said an agreement would be fine, but the Commission cannot make
that a condition of the site plan.
Mr. Levesque said he had gone through there several times and there just
isn't enough room for safety. It is a tight situation.
Mr. Babcock said he asked that because what happens is that the public pays
for the traffic. The developer winds up in benefiting in terms of his own
property and the general public pays in terms of impact.
Mr. Wessel said one adjacent property is a gas station; it wouldn't make
sense to have traffic going through there.
Mr. Poger said access is also made much easier because there are lights at
Swift Street and lights down by Cinema 1 and 2.
Mr. Lash noted again that Mx. Gee was in complete agreement with them, that
it was Mrs. Andrews who was insisting on her constitutional rights.
Chairman Wessel said the Commission had a choice of either deciding on the
plan as presented tonight or it could just wait for the Zoning Board to make
the decision.
Ns. Lash said Mr. Sylvester had brought out to the people last night that if
the building were 22 feet forward I would have no problems I wouldn't have to
ask for a variance.
14x. Ewing said he was much in favor of the single curb cut; it is a much
better plan.
The Chairman said the Commission could hold the whole works in abeyance.
Mr. Lash said he was withdrawing his appeal from the Zoning Board although he
had not yet done this. His appeal was tabled so he had come up with this one
for approval, cutting the lot in two, because frankly he couldn't continue
to go back and forth between the Planning Commission and the Zoning Board to
try and get clearance.
Mr. Morencv said he would like to know the things which are supposed to be
done are being done; this 65 foot setback for instance, who has checked it.
Mr. Page explained he and Dick Ward go over every plan to make sure it is
in conformance to the zoning ordinance.
Mr. Morency said he objected to the fact that the Commission doesn't have
any choice but to accept it or not to. The Zoning Regulations say that
property has a permitted use, but wouldn't it be possible that because the
7.
PLANNING COMMISSION
SEPTEMBER 21, 1976
traffic going in and out will be occurring at the same time that peak traffic
occurs on that road, that this may not be the best permitted use of that
property. He said it seemed to him that it was quite an intersection that
really involves a lot of turning traffic.
Chairman Wessel said the Regional Planning Commission engineer could be
asked to give an opinion on what the traffic will do.
Mr. Lash said the Zoning Regulations state a restaurant can be put on
these properties; it states there must be an X number of parking places
and various other things.
Mr. Poger said the regulations also say it must not create an unsafe traffic
condition. He said he didn't this would happen, but if Mr. Morency thinks
it will, then the Commission should ask the Regional Planning Commission to
say whether or not it is an unsafe traffic condition.
Mr. Wessel asked Mr. Page if had any feeling as to how Bruce Houghton
would respond to that.
Mr. Page said the exact arrangement of curb cuts on that property is not
going to substantially change the safety hazards that will result from the
use of that property. There will be hazards; there will be accidents;
but not because of the design but because of the area in which the property
lies. Bruce Houghton had the most concern about accidents with the common
curb cut. It is a little hard to predict what would happen.
Mr. Wessel said Mx. Page could take this plan over to Mr. Houghton and he
would render an opinion on whatever question was asked but the questions
have to be fairly specific, fairly precise.
The Chairman said if the Commission decides not to take action tonight he
wants to be sure that all the questions have been asked of Mr. Lash.
Mr. Lash said if this is the bone of contention, as far as traffic is con-
cerned, itshould be a site plan requirement that this go before the Traffic
Engineer of the Regional Planning Commission before it is brought before you.
This would be in the interests of time.
Mr. Wessel said it boils down to discretion. Sometimes the Commission
requires it and sometimes it does not. Very often Mr. Szymanski will
anticipate it and ask a question before we do. He thought what had changed
the situation slightly was that Mr. Lash had a new plan.
Mr. Ewing asked Mr. Lash if he wanted Mr. Houghton's comments before the
next meeting. Mr. Lash replied No, you do. If it is a bone of contention
something should be done so the developers would be given this point, that
they should get opinions from the Regional Planning Commission. He said
he felt Mr. Page or Mr. Ward could have a good idea of what could be done.
Mr. Poger said the different curb cuts does create a problem of left turns
so now the Commission has to ask the question.
Mx. Poger moved that the Planning Commission ask Bruce Houghton, Traffic
Engineer for the Regional Planning Commission,, the following questions
concerning traffics 1 what is the best way of allowing left turns into
the Bonanza property or not allowing left turns into the property; 2 would
normal usage of this property for two restaurants create a problem in
stacking for left turn lanes.
Seconded by Mr. Wiring and voted unanimously.
Mr. Wessel said the answers from Bruce Houghton would be in the form of a
letter probably before the meeting next week.
8.
PLANNING COMMISSION SEPTEMBER 21, 19%6
Mr. Morency asked for a brief history of the property.
Mr. Lash explained the 98 foot lot and the 100 foot lot had 50 feet added
to them by including the property of the yellow house which is to be removed.
Mr. Morency asked how long ago did this occur.
Mr. Lash said they were three distinct properties even while Mr. Hope owned
it.
Mr. Morency asked if it went through subdivision.
Mr. Wessel said No, it was a matter of combining lots.
M'xs. Daher suggested an amendment to the Zoning Ordinance which would meet
with favor would be to make restaurants in the BR Zone a conditional use.
People have had their fill of this and I& they were a conditional use there
would be no problem.
Mrs. Maher then said she felt it was a very good Planning Commission.
Per. Poger said he was sure the Commission couldn't require Mr. Lash to do
this, but if he would just leave it in rather than withdrawing it from the
Zoning Board, and he did get the variance, then the Planning Commission
could pass one plan or the other.
Mr. Lash said he would make one comment, that he was not designing anything.
He has to go more or less by the people who are doing this. He would
advise them to try to go along with this. They haven't purchased the
property yet; that takes a few weeks. He would ask their indulgence to
present this to the Zoning Board and if it was passed, at that point he
would ask them to go with the single curb cut.
Mr. Poger said the Commission likes the idea of a single curb cut. It
might not hurt to leave it there, but it might be to the Commission's
advantage to look at both and see what is best.
Mr. Wessel said the Commission could still approve it and if the Zoning
Board did approve the variance, Mr. Lash could be asked to come back with
a revised site plan.
Mr. Lash mentioned that, while it shouldn't come into consideration, there
are two firms going to spend half a million on their projects, and in
Vermont one concern is the time of year. This can't be a concern of the
Planning Commission but it is one reason why he was told to draw up this
new plan.
Mr. Poger said he didn't think this would hold up Mr. Lash more than
another week, getting this traffic information and making a decision.
Mr. Levesque commented South Burlington over -builds and blacktops all the
time; the Planning Commission would have the power to waive the parking
requirements
Mr. Poger moved that the site plan review of Pizza Hut and Bonanza
Sirloin Pit be tabled until the next meeting.
Seconded by Mr. Ewing and voted unanimously.
Discussion of proposed amendments to subdivision regulations
Mx. Poger asked to have the record show that he was not prepared to discuss
these amendments because he had not received the agenda in time to be
aware that these amendments were to be considered.
Mr. Schuele expressed his concern about the number of times a subdivision
comes to the Planning Commission; he strongly objected to the reduction
of this and would like to see it modified.
Bonanza
The stacking lane on Shelburne Road works well for left
turining entering traffic; hot ---ever the north bound traffic is
so heavy, it is difficult for customers to make this movement
until the Queen City Park intersection light turns red and pro-
vides an acceptable time gap.
:he cn=c'Loted o��e,i: i':?th t?a�I1C enTEr=P.0 f_T�•.T. the
i E cI':p nas m _- isl l_eC - somie so � of o•' ysical .1--'rler
sf,ould be -Installed to -miniMize this haz&rd.
The funCtllc•n oI tr,c- dual access curb cut l':'=11 be evzlUated
a_ to rizza Nut his opened.
Traffic counts are attached.
Savinos Bank
The counts enclosed fall .-:ell within the estirr,-tes made
during site plan review. There sere never more than 3 czrs
queued up either on the Shelburne Road left turn (in) stack-
ing lane or on Brewer Parki-,ay (outbound).
Th= tI fic on Shelburne Road northbound vas so heavy
that the ent_znce to Brex-!er P&rkvaay w-as occasionally blocked.
1
�? //�• —SIT.J �`% Cyr
M E M O R A N D U 14
TO: SOUTH BURLINGTON PLANNING COMMISSION
FROM: STEPHEN PAGE
RE: PIZZA HUT/BONANZA SIRLOIN PIT SITE PLAN REVIEW
DATE: AUGUST 24, 1976
I. Zoning
The location of the Bonanza building, about 25' from the
adjoining R4 district, is in conflict with section 11.704,
buffer strip, which requires a 65t setback. Relocation of
the building to conform to this requirement would detract
from the plan; a previous proposal to relocate the Kohala
i;auna restaurant was given a variance from this buffer
strip provision. I recommend that approval be based on
the proposed location of the building, conditioned on a
variance to the buffer strip requirement.
II. Landscaping
Building costs for the Pizza Hut and Bonanza have been
estimated at $100,000 and $200,000 respectively. Proposed
landscaping is approximately 50;0" of the amount required by
the ordinance. There are a number of shrubs and trees on
site which may be either preserved or relocated. I re-
commend that the applicant work with Dick Ward and myself
to meet landscaping requirements with a revised plan show-
ing additional plantings or utilization of existing trees
or shrubs, or a combination of new and old plantinas.
III. Access, Circulation and Parkin
Two curb cuts (one way in and one way out), plus 600 angled
parking for the aisles between the two buildings will improve
access and circulation; only about five parking spaces would
be lost this way. Because of the confusing layout of Shel-
burne Road in this vicinity, it is critically important to
have functional access and circulation patterns.
Paved connections to the two abutting gas stations, and
Vermont Gas Systems, if possible, would aid circulation.
The right of way agreement on Vermont Gas Systems
property is included in a contract between the Kohala
Mauna Restaurant and the Gas Company, that is concerned
with an exchange of parking privelages at off peak
hours between these two businesses.
IV. Miscellaneous
Parking lot islands and perimeter should be curbed;
parking spaces should be striped.
- Amount of bond to be set by Zoning Administrator, should
include new and relocated plantings, closing of existing
curb cuts, storm drainage improvements; if any, and any
conditions imposed by the Zoning Board of Adjustment.
- Sidewalk should be maintained across curb openings.
- Since this plan depends on free access between the Pizza
and Bonanza properties, both parties should agree to site
plan review in the event that access from one property
to another is either restricted or eliminated.
- I feel this plan shows an unusual effort to comply with
the Planning Commission's policy on curb cuts.
/%-.. TGC44
C ? a t r•1 t:
CI
MEMORANDUM
TO: SOUTH BURLINGTON PLANTdING CON1,1ISSION
FROM: STEPHEN PAGE, PLAT"•,KING ASSISTANT
RE: SITE PLAN OF BONANZA SIRLOIN PIT & PIZZA HUT
DATE: SEPTEM.BER 10, 1976
A plan with revisions which will improve circulation
has been submitted. The applicant is scheduled for a
Zoning Board of Adjustment hearing (9/13/76) to resolve the
building set back problem and also to waive the front yard
landscaping in order to per! -,it access to abutting properties.
Other comments (changes from my memo of P/24/76) are as
follows:
Landscaping - Having consulted with a landscaping
contractor, I feel our evaluation of the proposed landscaping
should be upped to approximately 70% of the dollar amount
required. Preservation and/or relocation of some existing
trees or shrubs could easily make the overall value of the
landscaping scheme conforT to zoning-; requirements.
Access and Circulation - This subject has been thoroughly
discussed with Bruce Houghton and Bill Szymanski (memo rm-RF4w/1, Ar) .
The option of access to abutting properties should be kept
open but, at this time, the advantages of such access appear
to be out weighed by the disadvantages (loss of parking space,
more confusing internal circulation, abuse from motorists
seeking short cuts, etc.)
The other recommendations in my 8/24/76 memo (esp.
under Miscellaneous, p. 2) should be considered.
ADMINISTRATIVE CHECKLIST
PROJECT NAME/FILE REFERENCE
1. LETTER OF NOTIFICATION & APPROVAL MOTION OR FINDINGS & ORDER
2. BONDING OR ESCROW AGREEMENTS Ze, c, la �� /c�/tI A
LANDSCAPING -- ----
SEWER
WATER
STORM DRAINAGE
ROADS
CURBS
SIDEWALKS
(NOTE ALL RELEASES OR AGREEMENT REVISIONS)
3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTED �c
INSPECTIONS COMPLETED, ETC.:
4. UTILITY EASEMENTS *, BILLS OF SALE
RECORDED
ACCEPTED
5. CERTIFICATE OF TITLE x
6. ROADWAYS
DEEDS FOR CITY STREETS ACCEPTED
PRIVATE ROAD & WAIVER AGREEMENT x
7. FINAL PLAT OR RECORD COPY — ZMP;ffi^, SIGNED, & FILED OR RECORDED
8. PEDESTRIAN EASEMENTS
ACCEPTED & RECORDED
FILED
9. MISCELLANEOUS AGREL.-MENTS
LAND FOR ROAD WIDENING
OFFER OF IRREVOCABLE DEDICATION
FUTURE ACCESS POINTS
*SHARED ACCESS POINTS
OTHER
10. COPY OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES)_
11. FEES — PAID/DATE
HEARING
BU I LD ING P ERM IT
ENGINEERING INSP.
SEWER
RECREATION ( RECORD CALCULATIONS AND DEPOSIT IN ACCOUNT)
12. IMPACT FOLLOW UP
i.e., "ON LINE" EVALUATION: SCHOOL KIDS CAR COUNTS
1
CHITTENDEN COUNTY
TRANSPORTATION
AUTHORITY
1 Industrial Parkway
Burlington, Vermont 05401
P.O. Box 609
Telephone B64-0211
October 31, 1977
Mr. William Russell, Chairman
Planning Commission
City of South Burlington
1175 Williston Road
South Burlington, VT 05401
Dear Mr, Russell:
Cyr
Since the recent opening of the Bonanza restaurant on Shelburne Road
in South Burlington, the traffic problems have become much worse to say
the least. Our South End bus is finding it extremely difficult to maintain
his schedule because of the increased traffic problems by Bonanza and the
other new facility next door. We have noticed cars coming off the interstate
in a southerly direction and making a left turn directly across both the
south -bound traffic lanes and north -bound traffic lanes directly into
Bonanza's parking lot. Our bus drivers have noticed many near accidents,
and I have been informed that there have been accidents at this location.
Since our failure to maintain our schedule directly affects our subsidy
payments by member communities, you can see our problem. I don't know
what the answer is, but I am sure somebody within your city government
can find a remedy to help alleviate this situation. If I or the C,CTA can
be of any help in remedying this situation, please feel free to contact me
at your convenience.
Very truly yours,
Ralph H. Cramer
General Manager
RHC/scq
cc: South Burlington City Council
M E M 0 R A N D U M
TO: SOUTH BURLINGTON PLANNING COMMISSION
FROTH^I: STEPHEN PAGE
RE: PIZZA HUT/BONANZA SIRLOIN PIT SITE PLAN REVIEW
DATE: AUGUST 24, 1976
I. Zoning
The location of the Bonanza building, about 25, from the
adjoining R4 district, is in conflict with section 11.704,
buffer strip, which requires a 651 setback. Relocation of
the building to conform to this requirement would detract
from the plan; a previous proposal to relocate the Kohala
fauna restaurant was given a variance from this buffer
strip provision. I recommend that approval be based on
the proposed location of the building, conditioned on a
variance to the buffer strip requirement.
II. Landscaping
Building costs for the Pizza Hut and Bonanza have been
estimated at $100,000 and $200,000 respectively. Proposed
landscaping is approximately 50;0' of the amount required by
the ordinance. There are a number of shrubs and trees on
site which may be either preserved or relocated. I re-
commend that the applicant work with Dick Ward and myself
to meet landscaping requirements with a revised plan show-
ing additional plantings or utilization of existing trees
or shrubs, or a combination of new and old plantings.
III. Access, Circulation and Parking
Two curb cuts (one way in and one way out), plus 600 angled
parking for the aisles between the two buildings will improve
access and circulation; only about five parking spaces would
be lost this way. Because of the confusing layout of Shel-
burne Road in this vicinity, it is critically important to
have functional access and circulation patterns.
Paved connections to the two abutting gas stations, and
Vermont Gas Systems, if possible, would aid circulation.
-2-
The right of way agreement on Vermont Gas Systems
property is included in a contract between the Kohala
Mauna Restaurant and the Gas Company, that is concerned
with an exchange of parking privelages at off peak
hours between these two businesses.
IV. Miscellaneous
- Parking lot islands and perimeter should be curbed;
parking spaces should be striped.
- Amount of bond to be set by Zoning Administrator, should
include new and relocated plantings, closing of existing
curb cuts, storm drainage improvements; if any, and any
conditions imposed by the Zoning Board of Adjustment
�To�
OF SVD"W^4-V4W
Sidewalk should be maintained across curb openings.
Since this plan depends on free access between the Pizza
and Bonanza properties, both parties should agree to site
plan review in the event that access from one property
to another is either restricted or eliminated.
4
I this pl s ows nu ff to omp with
AP lanni ommis n's p cy on cur uts.
(^oi-;-f; i:-.f,.- Tc
4=Ro9Ez -(P. XF-)2nza'y
GENERAL CONTRACTOR INC.
Mr. Richard Ward
Zoning Administrative Officer
City of South Burlington
1175 Williston Road
South Burlington, Vermont 05401
September 29, 1977
Dear Mr. Ward,
� sExr�
O� `e
a w
ve
S
•�FLLAME0.1Ca,
P. O. BOX 730
PLATTSBURGH, N. Y. 12901
Area Code 518 . 563-5080
RE: Bonanza Restaurant
Shelburne Road
I am in receipt of your letter dated September 26, 1977 issuing us a temporary
certificate of occupancy for the above referenced project.
Would you please explain when we can expect the permanent certificate of
occupancy? My interpretation is that once we complete the site work the
permanent certificate will be issued. If this is correct please notify me.
}
Thank you.
Very truly yours,
ROGER P. KENNEDY GEN. CONT.,/NC.
Roger D. Kennedy - President
RBK/ba
I
April 25, 1978
Roger P. Kennedy
P.O. Box 730
Plattsburgh, New York 12901
Dear Mr. Kennedy:
In September 1977 this office issued the Bonanza Restaurant a
temporary certificate of occupancy, at that time we understood
that the remaining site work was to be completed.
U,,on completion of a recent site inspection we noted that only a
portion of the work was done. There is some linter damage and
some of the landscaping has died. �,e also believe that you were
responsible for the removal of the power pole used for temporary
pow:�r during construction. In addition the entrance was to be
properly signed (a joint venture with the Pizza Hut).
This office is requesting that the site work be completed before
June 1, 1978 otherwise, the city will be forced to exercise it's
rights under the provision of the performance Mond.
If you have any questions, please don't hesitate to contact me.
Rt t/mcg
very truly,
Richard '•card
Zoning Administrative Officer
Bonanza
The stacking lane on Shelburne Road works v.ell for left
turining entering traffic; however the north bound traffic is
so heavy, it is difficult for customers to make this movement
until the Queen City Park intersection light turns red and pro-
vides an acceptable time gap.
The ant--cipat..n r__o.._em with t_alric en,elsnc f_•_m one
Interstate ra::p has ma eriali zed - some sort of physical barrier
should be installed to ;:;ini-mize this hazard.
The functic•n of the dual access curt cut v:ill be evaluated
after Pizza Hut has opened.
Traffic counts are attached.
Savina,�s Bank
The counts enclosed -fall %:ell within the estim=tes made
during site plan review. There were never more than 3 cErs
queued up either on the Shelburne Road left turn (in) stack-
ing lane or on Brewer Farkk,:ay (outbound).
The traffic on Shelburne Road northbound v:.,as so heavy
that the entrance to Brei,.er Parkway v:as occasionally blocked.
150
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No Text
MEMORANDUM
TO: SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
FROM: STEPHEN PAGE, PLANNING ASSISTANT
RE: REQUEST OF LEE &- LEE REALTY FOR A VARIANT(I , E' FR OM
FRONT YARD LANDSCAPING REQUIREMENTS
DATE: SEPTE11BER 13, 1976
At my suggestion, Mr. Lash has kindly agreed to make
t'
this request. I feel the Planning Commission would like to
maintain the option of access to abutting properties, when it
is of mutual benefit for the abuttors to do so.
I respectfully submit that you look favorably on this
request as it appears to meet the 5 criteria of the Planning
Act and would further enhance an already attractive plan.
City of South Burlington
1175 WILLISTON ROAD
SOUTH BURLINGTON, VERMONT 05401
'••• TEL. 863-2891
To: South Burlington Planning
From: William J. Szymanski, City
Re: Bonanza - Pizza Hut
Shelburne Road
Date: September 21, 1976
Commission
Manager
I have reviewed with Mr. Lash the revision to the
site plan for the above referenced projects.
In view of the fact that the Zoning Board will
probably reject the set --back variance Mr. Lash intends
to treat the proposals as two separate projects
necessitating two curb cuts. I see no alternative to
this but to grant the two openings.
A final detail plan will be submitted for review.
Respectfully submitted,
1
L.a J i
William J. zym r ki
City Manag r `
December 2, 1976
smith , -11 CY ' ThoM psor
�r. herman Lash
10') out1h
i4ol
j,j 4'01, a i_ut anc, o nan za t?irloin
14� r'f7F2
is to in.`;`or.-,, yc,,u and ovC
as, llowin for n,,: cons truot"',1, o, t'k
'or i, o,r. r
o
p
c)
t r Con Clcv I(;,- in r`U d o
-) t; n
-vdll not N-I i, f ic t( _76
f ar- t thit f.�)roposed" restaur,-,.,It:; ver,,i reviewe(i and approve(J
prio- to '.1.,ar1,--4_n t ,:,, to
p r s d a,, r, e,� i r, � e. n
th11:11 Z'Onlma"
OW9 VE'r t'tl' iS U&,
o- I i is 0.. �ice ti-,ase
CoriCitions a-)T)lioC., b3- I'llan, J.T.
ant, oninZ c"
us -1,t b-, co'r'p!'C.,d wit�,.
7his office is 11-iiat ,.in a,-,en11-_d plan be submitted
_.ior to % r'LqU t or a Pu..
k..pon r;:view of consi.ructioi d,uwin[,s T'onanza Sirlcin
'- Pit) we observ;-& trp installE'.1031 1-cur (4) 00
k1lon L.P. gas unopr�,rounl,_` ta �ks. T :,,,Ivts,�d that- T,:+'inr
t(- , % issuance o.' a oer:r,it 5�1..11oving for tiiis installation,
.,tate a,n,l local fire ruarshal approval is necess
ary.
I
In ad"."it-'Lort, no C.P-e."Ied anproved until such tir,ie as
a sign applicat-ion is comn.leted.
,rr . iierman Lash
Page 2
December 2, 1976
?inally, for some six (6) :rionths the City :.as att= ^,pted
to Piave :'r. ':gee remove the eaistinr structures, for his
own reasons he was reluctant to do so. Those buildin:-,s
have been deeded a r a jor fire hazard by the "ire %.-lief and
we recuest that they be removed prior to the construct.on
of the proposed restaurants.
Th n« you for your C�On'rc.t�On
G r?ry truly !
ichard and
.:onin r hdmini strative f'ficer
TO: Zoning Board of South :3urlington, Vt.
As I do not intend to attend the meeting of October 4, 1976
relative to the variance being asked by Lee & Lee Realty and.
being a residential property owner adgacent to this property,
I would like to register my opinion in favor of this proposal,
rather than the proposal that would move the building at least
65' from the so$thern boundary line.
It would be my preference to have the building closer than to
have the parking lot for this venture along my property line.
Sincerely,
Mr. Malcom Gee
2 Lindenwood Ter.
So. 3urlington, Vt
0
CHAMPLAIN OIL COMPANY
510 Shelburne Road
Area zoned BPD District.
Section 11.00, Dimensional Te(.,uiremorts
S I et -back requirement 75 feet
Existing approximately 57 feet 6 inches
Side yard requirement 30 feet
No. side yard proposed 15 feet
Existing structure is non -conforming.
F.M.V. - Structure $20F4O with land $70,000
Addition proposed, estimated 30,000 to 32,000
Proposed addition 321 x 1001 to rear of existing service
station.
Proposed use - car wash, Section F.10 Conditional use,
sub -section 8.101.
Dimensions confirmed by City Manager and Zoning Administrator.
COLEMAN PARKER & WILLIAM ChRISTIE
1900 Williston Road
Area zoned Industrial District.
Existing structure 361 x 90' = 3,280 sq. ft.
Section 11.15, Multiple use.
Proposed uses are 1) thrift shop, 2) sales and service of
recreational equipment (similar to 197 Pearl in ',q,ssex)
and lawn and garden equipment.
1100 sq. ft. to be used by thrift shop remaining portion to
be used by second business.
Section 10.00 allows for repair shops. Thrift shops allowed
in B-R Distrct.
THOMAS & SALLY SCHLROEDER
7 T%'oodbine Street
Area zoned R-4 District.
Section 11.00, Dimensional Requirements.
Side yard requirement 15 feet.
Proposed easterly side yard 5 feet.
Lot size 75' x 1501 set-off prior to 1964 zoning ordinance.
- 2 -
Proposed 18' x 24' addition to include a 12' x. 24' garage and
open breezeway - storage area.
RAYMOND COUILLARD
79 Swift Street
Area zoned BR District.
Presently use non -conforming, variance granted May 5, 1975 and
permanently extended June 15, 1976.
Variance to operate an auto body repair shop from an existing
garage.
Use is conditional in B.P.D. District not allowed in B-R
District.
Request to add a 16' x 30' one stall addition.
SHERATON MOTOR INN
70 Williston Road.
Area zoned B.P.D. District.
Existing use is permitted.
Section 11.85, height of structure.
Maximum allowed 35 feet in height or two and one-half (2j)
stories.
Proposed is the construction of a 75 unit addition, three
stories in height.
LEE & LEE REALTY
764-7 2 Shelburne Road
Area zoned BR District.
Uses proposed are allowable.
Pizza Hut 35' x 65' = 2275 sq. ft.
Section 11.702, Front yard landscaping.
Re uirement 50% of front yard to be landscaped
50� equals 3700 sq. ft.
Proposed is an access to abutting property (recommendation
of Planning Commission) which reduces the 50% by 400 sq. ft.
Bonanza - 50' x 100' = 51000 sq. ft.
Section 11.704, Buffer Strip
Requirements 65 feet side yard to the south, abutting
rear yards on Lindenwood Drive.
Lindenwood Drive is zoned R-4 District.
Two lots affected - both single f,a ily dwellings.
Side yard proposed is 22 feet.
Side yard requirement in BR District 15 feet.
MEMORANDUM
TO: SOUTH BURLINGTON ZCFIING BOARD OF ADJUSTMENT
FROM: ST-EPHEN PAGE, PLANNING ASSISTANT
RE: REQUEST OF LEE & LEE REALTY F On A VARIANCE' FROM
FRONT YARD LANDSCAPING REQUIREMENTS
DATE: SEPTE'•,BER 13, 1976
At my suggestion, Ir. Lash has kindly agreed to make
this request. I feel the Planning Commission would like to
maintain the option of access to abutting properties, when it
is of mutual benefit for the abuttors to do so.
I respectfully submit that you look favorably on this
request as it appears to meet the 5 criteria of the Planning
Act and would further enhance an already attractive plan.
Ar
7 O.Q
OF ya.,
�?o ovair'6--o
lop,
4 t4eel',
7,01
A&
-e- -.400
000, .4-,
.00
September 2, 1976
Lee & Lee Realty
c/o "T . ,lira Lee
730 Shelburne Road
South ?'urlington, VT 05401
Dear `.r . r,e e :
Be advised that the `".outh lurl.ington Zoning Board of ^_djust-
ment will hold a public hear-inc-' at the South r�urlington City
Hall, Conference oom, 1175 'I'Miston * oad on ,.onday,
;eptember 13, 1976 at 5:1"0 p.m. to consider your recruest for
a zoning variance.
n ?lease plan to attend.
Very truly,
Richard IiJard
,oning Administrative Officer
R W/ j
a
NOTICE OF APPEAL
SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
I hereby appeal to the
conditional use. varian
Zoning Board of Adjustment for the following:
ce. decision of administrative officer. n
I understand the regular meetings are held twice a month on Monday
at 5:00 p.m. at the City Hall, Conference Room. The legal advertise-
ment must appear in the Burlington Free Press a minimum of fifteen
(15) days before the hearing, I agree to pay a fee of $30.00 which
fee is to off -set the costs of adverbs g and the he in .
i
Hea 'ng Date S gnature of App t
SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter
91, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment
will hold a public hearing at the South Burlington City Offices,
Conference Room, 1175 Williston Road, South Burlington, Vermont on
at b p,AR • to consider the
day of week month and date) time)
following:
Appeal of z
a `�1- 'u ac _, from Section
f the
tions. Request is for permission to
CL� seeking
AIM,
13
South B ing ton o ing Regula-
k
U_ CC-. J C t' •
PiJ? i;rll IiC, LC1r'.iI �S i C'•'1 � t};� , ,A_ - l.�r
There is also a commitment .from Winooski and Colchester..
Ilk A sketch was displayed which was done to show what could be the possibilities
in bringing the river to the people and the people to the river in Wl nooski.
Mr. Agne said the District intends to watch what is happening regarding the
proposals by Burlington ha ectric and Green Mount -tin Power for hydroelectric
developments on the river; also it will keep track of the lake levels as
they would affect the river. 'A"hey are also working with the :;bate of Ve.rriont.
in the development of canoe trails. Another possibility in South Rurli_ngton
would behind what is now the Canteen, formerly Berard Construction Co., right
on Airport Parkway, also land along the Limekiln Bridge areawhich would be
obviously :more dangerous than the Ethan Allen i,arm. They would like to work
out something which would prevent a landowner from being responsible for
accidents to people usin his property.
Mr. Wessel asked If. the; r-ny plans for intensive recreational facilities
such as tennis courts or ballfields.
Mr. Agne said No, the purpose of the District is to provide low-key recreation,
quiet recreation, things that require little maintenance. Cther sports are
better provide d by ,the towns.,.,
Asked by Mr. Ewing about a plan to connect all along the river bank, Mr. Agne
said he didn't think that would happen. The District has to be realistic
about what is seeks to do; everything depends on the goodwill of the people
who own the land.
Mr. Morency asked about the location of the cross county ski trails. r°r.
Agne said the lower r.than Allen F'arm cadz be used for this, and the Sullivan
:arm could be used extensively for this, with more of a slope than is on the
Ethan Allen Farm.
Mr. Wessel thanked Mr. Agne for coming in, and said the Commission would
like to t-et back to him on changes in the Commission's own recreational
plans, that Mr. Voolery had agreed to work on the recreational chapter in
the City's Master Flan.
>i t e ?-last Reviews
Bonanza Sirloin Fit 'r. Wessel reported on what he had told the Zoning
Hoard at their meeting the day before. The decision of the Zoning Poard was
to go ahead and grant the setback variance to allow the central curb cut,
so the Planning Commission is now dealing with the plan showing this central
curb cut which he felt was eliminating most of the traffic problems.
Mr. Ward read aloud the stipulations made, by the Zoning Roard in granti.rg
--the variances that the hours of operation would be from 11:00 a.m. to
—p.m.; a stockade fence of not less than six feet nor Tore than ten feet,
--the exact height to be agreed upon by the developer arn,i 'r. see, the ad jacont.
—landowner; the rectanrgle be landscaped and unused; the dumpster was no, 1,t1
-put in this, area; the. Tree Committee w oul _Y - r t e:+,.i nt: what try, rc
`- able to be save-'_
Kr. Pog er asks:':7 -i luonl.
n
Into any tkiTF,. i.....,., w�al_1C? 'iY'. : etc' w ;oL 1!I o '_0:1. €: ri:i. „t,
most affected landowner ,and came to an apTee-n= nt with the deve>lopr>r. The
enk�t. mould hive;, to be the same hei, ht all the
sal-? Mr. Gee hal stated he pre' 'ferre.i
the buildi.n lack and hi. -,re 1h_-rk3nz within I ; �'ek•� ��•, _...;e.�
n'' dr,cors slammei, etc.
;r
PLANNING COMMISSION a=BER 5, 1976
Mr. lash indicated on the drawing a plan to remove two parking spares and
a separator ''or traffic; this would also a(?d ten feet without any
GU-3truction in the front.
Chairman Wessel asked Mr. rage if he had received any comments from the
State on this, and Vr. Page explained the State Highway Engineer usually
reviews things like this; a?ter all 10(-,al bot rds have given approval.
i`:r.:-,ard said the State tz,.?es the view that if curb cuts are being eliminate(.,
that is good.
Mr. Wessel said that considering dtt# curb cuts as opposed to two, maybe
two would be better for the City and the state, or perhaps there should be
a separate island.
Mr. Ward said the State would really not get involved in saying it is
better to have two if the Planning Commission wants one. They would work
it out with Mr. Szymanski.
The Chairman said he didn't want to lock the State into a decision which is
a poor compromise because of something the Commission couldn't anticipate.
Mr. 'Ward said if the Planning Commission vote on this site plan and want
one cure cut, the State is not going to come back and say No, they want
two cuts, especially, in this case where the plan is going from four to one.
The Chairman asked what would happen if the applicant was sent to the State
Highway Department. first and got their comments rather than coming to the
Planning Commission .first.
Mr. Ward said he didn't know because it had never happened.
Mr. Lash suggested it might be a good point that Mr. Ward should ro through
things with the applicant when the application was first received, and he
might recommend going to the Highway Department to ascertain the best method
of handling traffic, etc. He said he was turned away last week from the
regional engineer to go to Montpelier to speak to someone else. They
claimed they didn't have the jurisdiction to look at this plan
Nx. Wessel referred to the fact the curb cut was within 500 feet of the
Interstate, and Mr. kard said that mtrht have been the reason for not lookin:-
at It.
Mr. Ewing said .the decisions are not mzide by Mr. Remick, they are made in
Montpelier.
Mr. Foger asked if t},e plan met the o'ojf:ctions which were raised last t1me.
about the turning.
Mr. Lash indicated where they we,-e e.,licm;natirg 2 parking spaces and having
a separation factor.
11r. ward said he kras sure all tho e ,in . -I es would be discussed when he goes
to the State.
Mr. Ewing asked if the numbel• of ri< .�'.;a � c �; I 'r.� uinn i cluhn
%r. :yard said the plan right now is <It the;inlmum; ;-i-ything more taken out
is going to require a waiver. The lanning Com,7i_ ri can waive up to 50%.
1
n 7 (.!1.i C:�:st.l ,.}ifG1. rti'�. 3 � t i A C: i..t.::.� '''r .Pat Iijfrate
reC'E'.i ve�� from .
an..statistics of.
�r. ✓ard explaine;t Mr.
of ;.he Zoning Board, tha+
ha: i.s dGfinituly aeair'st any more development of any kind.
Mr. Morency said he wo;,l:-} arn,e with tl.o nom.ment that a restaurant may not
be the best use for it p-ro'.,arty evon though it is a permitter'. use,
because the pt:�:f: !:z ,. fr, *;,: rc°staurant would be also the peak traffic hours;,,
r�.
PLANNING CUt MIISSIION
Mir. Page said he had spent some time with Bruce Houghton ar
to think this was the best access for the plan presenteJ,
southern half of the curb cut should be for entrance and the northvrn part
for exit, with the turning movements taking place on the
Mr. Poger felt one of the stipulations sho--Acl 'be that the
marked for entrance and exit.
:;.r. Wessel asked about landsuiping.
Mr. Page said 7(19 of the landscaping would be new with 30,- 1-Inl- ma,`- up
of what is existing.
Mr. lash said there many good big trees that with two curb cuts would have
to be taken out.
Mr. Ward said there are trees that they don't know whether they are worth
saving or not; the Tree Committee will determine that.
Mr. Page felt the Arees were pretty,well spotted on a survey nhowing the
existing trees on one of the plans.
Mr. Wessel aske.,i about drainage, and if It would significantly alter the
traffic circulation or the access.
Mr. Ward said It,vould not changolanythingi it would be putting in catch
basins.
Referring to landscaping again, Mr. Page said there was enough e)(isting,
vegetation to landscape two lots if it was spread around. Those is an
adequate amount of new planting planned and they could pick and from
a number of good trees to make up the balance.
Mr. Lash said he thought they had at least $7,000 or $8.000 in exIstArig, trees.
Px. ;ward said the Tree Committee has a guide it uses in evaluating existing
landscaping.
Mr. Poger moved that
t the Planning Commission approve the site paa-n-for
'%nanza Sirloin Pit and Pizza Rut with the followingon,,: stipulatl I 12h1a t
— -.I— —
an amended plan be submitted showing the landscaping which has been �22p ro v e
Tly *,he iree Committee; 2) that a revised entrance to the_parLln�lot be
as discussed with the Planning (3o-11.-P.!.,;pion; 3 that the 22,rLinq lot be
Y marked for access and egress so that only one part of the cut shall,
be used for access and 'the - other'part for epTess;_ 4) that the interior
drairiage bed roved by ir. Szymanski , the City En.Cineer; _ 5 that the
ning Commission valve tip to fbur-parbdng spaces for the Ponan�a lot.
access; 6) that 2ro2er bonds abe posted for landscaping and closing thcurb
cufs'—;7) thwt—the_parking pj*est be clearly delinealed-V. that the kIrkin(I
lot be curbed.
Seconded by Mr. Awing and voted for approval by four votes; Mr. r,r)ron-y
nn,i T,,ev(,s-qi-,e voted against the motion.
i�fter zi brief recess the meeting was reconvened at 9115 ?.-r,.
: 1 :Par, 1 - " q
I-- ',,ieview for Sambo's Restaurant which had b(-(-n
1(.ellln« was cancelled.
ite lUlan Review for Nordic Fero
i-ecause Nordic Ford had received a requested variance the day
the Zoning Board they were prepared to present tht>ir :314,1? pli,,vtr,
'It had not been scheduled.