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HomeMy WebLinkAboutBATCH - Supplemental - 0792 Shelburne Road (2)CHARLES JENNINGS 45 SWIFT STREET SOUTH BURLINGTON, VERNiONT 05403 South Burlington Planning Comm. Att: Xr. Raymond belair, Planner Dorset Street City Mall South Burlington, Vermont 05403 Dear 1%-r. j:�elair; Oct. 1, 1993 I will do seeding and have all the green areas as shown on the Drawing No. SP1 (9-22-93); "Parking Layout, 45 Swift Street, South Burlington, Vermont"as drawn by Gordon G. Woods Associates. Thank You for your help with us to develop this plan. Very Truly Yours Charles Jennings hs/cJ STEVEN F. STITZEL PA'1"1'I R. PAGE+ DIANNE L. KENNEY (*ALSO ADMI'-mn IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 OF COUNSEL. ARTHUR W.CERNOSIA August 12, 1993 Mr. Gabe Handy 792 Shelburne Road South Burlington, VT 05403 Re: Division Boundary Line Adjustment Conditions Dear Mr. Handy: Thank you for your letter of August 3, 1993. Please be advised that the City of South Burlington is willing to give you until August 30, 1993, to comply with your conditions of subdivision approval. In the event that your property is not in full compliance on or before that date, the City has instructed me to commence an enforcement action against you. Please contact me once you feel that you have complied with all of the conditions of subdivision approval. Thank you for your attention to this matter. Sincerely, Dianne L. Kenney DLK/mdm cc: Raymond Belair L:\SON1185.cor OXN��y/.NZA RFSTAIJFt:�°trr rr 792 $'Jllth Bui ldngto:l, Yr G15,103 August 3, 1993. stitzel & Pagel P.C. Attorneys at Law, 171 Battery Street, Burlington, Vermont 05401 Attention% Dianne L. Kenney Re: Subdivision Division Boundary Lane Adjustment Conditions Dc,ar Ms. Kenney: With reference to your letter of July 26, 1993, I would like to have the deadline extended to August 30, 1993. By that date -we will have both Sheds romoved. G'R/mb Trusting the above meets with your apFra°ral. Yours truly, Gabe Handy RECEIVED A ��G - 5 1993 5titzel & Page, p.0 STITLEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 STEVEN F. STITZEL PATTI R. PAGE' DIANNE L. KENNEY ('AL. 0 AIIMITTEll IN N.Y.) Mr. Charles Jennings 45 Swift Street Burlington, VT 054501 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 OF COUNSEL. ARTHUR W.CERNOSIA July 23, 1993 Mr. Gabe Handy 792 Shelburne Road South Burlington, VT 05403 Re: Subdivision Division Boundary Line Adjustment Conditions Dear Mssrs. Jennings and Handy: This firm represents the City of South Burlington. It has recently been brought to my attention that you are in violation of Section 204 of the South Burlington Subdivision Regulations for failure to comply with Condition No. 1 of the November 10, 1992 South Burlington Planning Commission decision. On at least two occasions you have been contacted by the South Burlington Planning Office with regard to this violation. To date, it appears you have not made any efforts to bring your property into compliance. Therefore, unless you comply with Condition No. 1 of your subdivision approval by Friday, July 30, 1993, we have been authorized to commence legal action against you in the Superior Court. Sincerely, Dianne L. Kenney DLK/mdm cc: Raymond Belair L:\SON1167.cor STEVEN F. STIT'LEL PATTI It. PAGE- DIANNE L.KENNEY (*AI.SO ADMITTED IN N.Y.) STITZEL & PAGE:, P.C. ATTOIINEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) FAX 1802) 660-2552 July 23, 1993 Mr. Alan Palmer Vermont Land Surveyors 4050 Williston Road South Burlington, VT 05403 Re: Zoning Violation 4050 Williston Road 13 Palmer Court Dear Mr. Palmer: This firm represents the City of South Burlington. OF COUNSEL ARTHUR W. CERNOSIA It has recently been brought to my attention that you have not complied with the conditions of approval for the parking and circulation changes at the above -referenced locations. You have been notified of this noncompliance by the City of South Burlington Zoning and Planning Office on at least two recent occasions and to date, you have shown no willingness to bring your properties into compliance. Therefore, unless you comply with the conditions of approval of the February 23, 1993 South Burlington Planning Commission decision by Friday, June 30, 1993, we have been authorized to commence an action against you in the Superior Court. Sincerely, ZL�X__c — Dianne L. Kenney DLK/mdm cc: Raymond Belair L:\SON1166.cor City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 21, 1993 Dianne L. Kenney, Esquire Stitzel & Page 171 Battery Street Burlington, Vermont 05401 Re: Zoning Violations, Alan Palmer & Handy/Jennings Dear Dianne: ZONING ADMINISTRATOR 658-7958 Enclosed please find some material pertaining to a couple of zoning violations I would like your help in resolving. The first one involves Alan Palmer. I've enclosed two (2) letters and the copy of his approval. He has not complied with any of his conditions. The certified letter we sent him was never picked up. Would you please write to him and see if you can persuade him to comply with the conditions of approval. The other violation involves Charles Jennings and Salamin Handy. I'm not sure that Mr.Handy is responsible for the conditions of approval. I've enclosed some letters I sent, a copy of the boundary line adjustment decision, a copy of the plan and a copy of the final plat application. Mr. Handy's name does not appear on the final plat or sketch plan applications but it does appear on the preliminary plat application. The subdivided parcel is now owned by Handy and Robert Kelly no longer owns any land here. The condition that has not been complied with is condition #1. The final plat referred to in this condition was recorded on 12/30/92. Would you please contact the appropriate person(s) to obtain compliance with this condition. If you have any questions, please give me a call. Sincerpl,/y, Raymo d J. Belair, Zonin and Planning Assistant RJB/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 19, 1993 Charles Jennings 45 Swift Street South Burlington, Vermont 05403 Gabe Handy 792 Shelburne Road South Burlington, Vermont 05403 ZONING ADMINISTRATOR 658-7958 Re: Subdivision Violation, Boundary Line Adjustment Conditions Dear Messrs. Jennings & Handy: This is to correct an error I made in my letter to you dated May 13, 1993, I should have noted that the six (6) month time limit to have the work done expires on June 30, 1993. You therefore have until that date to comply with condition #1 of your approval. If the work is not completed by the end of June, the City will have no choice but to take legal action to obtain compliance. If you have any questions, please give me a call. Since y, Raymo d J. Belair, Zoning and Planning Assistant RJB/mcp cc: Richard Ward Gordon Woods ECE_i/Ei� - APR151992 ;,ity of So. Burlington Burl, A H. Lrd.Poortnershop -Pizza Hut" N0 764 Shelburne Rd__ v o 1.139 pg. 456 -N W SAN —S ay. riF I I V/M.Rcalty Partnership 99 4 Ir 9j• �7J• \ ( I Pakln9l I h drive � S2 t S. f H. Handy 0.05 ac. vo 1. 219 Pg 247 . _. I � � i (parking) p ; i / 43 i O I I f conc. walk ry 0 a� 4, I ry 2 I 21S.2((l�V� cc Z o) I I 1 N0792_ _- B AN Z�ReSTU A R A NT W jeXiSt. bidg.� x w =i yo1 O nI ®Iry J D u 215.2`el fettv SWIFT STREET 2$ 250.00 --(cxlsthng .-bldg.) E N 3 W � y r rY I I a 220.8 22Q B._PQc .ennrng 1.6 ac 80X49UL,VT.0 4Q� 9��e. 2p�oPvp 2 J•I T I I- &..0 5e i B;O -. \ k con. • ( paved parking areal slab ♦i Tobe moved U e rou cool. slab 219. •0 j?0• / (park1^9� kellytJennongS McleP01c To It M�AIor Ad n.(exo s to ng) (+� • y`4r .____ -, ---- = • Existing Iron Pon - O Jron Pon Set • 1@,Q:00 _ _e_ 32.72 208.4top i p. _ I mon.n,undarr.p, � Rexbo Dev. Inc. N0.794 JJ Kaufman vol. ze9Jg.,bl - "2 Llndenwood Dr..__ _. P.0.00X 76o GreenfoelJ Has5.01302 r Shed SM. Handy u\ ilab 0.80.ac. 22p.0 O` 10 2� c I220.0 �• r —i- b ! p / a/ 9 / 223.1 (Bike Path Easement--- d•no! nino5r°y mRL odDr.4Lon'oDr, C. rolonde4odOr. 9 Y m 8ay M-StIphens N o. 575wr ft St. -.Dunn tSt.Amond P.O.60016 E%%x Jc1,O54S2 VT NOTES: I Survey based on city land records, exo sting points a nd15 tcue�correct to the best of on know4dgc, _2' Uto ,.I lines shcw,n el+Drox.locarronl T, en from other plans. `L of; Vt;... . i •'J 4,nEN Uy� <�p ENSnEx rl. NO. a9 n;, z:�a U94 cr --Sz.1jAPHl�` SCAT E - — 0 2S r 30 5 PLAN SHONING ANNEX TO HANDYPF'CPERTY FRCM KELLY fJ ENN INGS Shelburne Rd. So. B. r I. Vt. WAR. Owner{ Developer:Salamm fMovntaha Handy _.. _.. E.LeBlanc 75 Sommooskr Ave•Burl.Vt.05401 uLindenwood Dr. .wrNe .win r S. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 May 13, 1993 Charles Jennings 45 Swift Street Burlington, Vermont 05401 Gabe Handy 792 Shelburne Road South Burlington, Vermont 05403 ZONING ADMINISTRATOR 658-7958 Re: Subdivision Violation, Boundary Line Adjustment Conditions Dear Messrs. Jennings & Handy: This is to inform you that you are in violation of Section 204 of the South Burlington Subdivision Regulations for failure to comply with condition #1 of your October 13, 1992 subdivision approval. Your violation consists of not removing the sheds and concrete pads and not converting paved area to green area to comply with coverage requirements at the rear of 45 Swift Street. This condition of approval required that the above items be completed within six (6) months of recording the final plat. This plat was recorded on 12/30/92. Pursuant to 24 VSA 4444, you have seven (7) days in which to correct this violation or be subject to legal action and fines of up to $50.00 per day for each day the violation continues. Please take whatever steps are necessary to have this work done immediately. Sinc � y, , ' 6 Z Ra o d J. Belair, Zoning and Planning Assistant RJB/mcp cc: Richard Ward Gordon Woods Re of CI''Y C n _19vQr�ia1 Q _di ed �4-- O r' M ed in Vol. on page- :57-3-: S92 Burlington Lane Recor Margaret A Picard, Clty Clerk EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that SALAMIN HANDY and MOUNTAHA HANDY, of Colchester, Vermont, Grantors, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, to it paid by the CITY OF SOUTH BURLINGTON, a Vermont municipality, Grantee, hereby GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a perpetual easement and right- of-way for the purpose of constructing and maintaining a recreational pathway for public use over, on and through property in the City of South Burlington, County of Chittenden and State of Vermont, described as follows: A strip of land six feet (61) in width which adjoins the southerly sideline of Grantors' property, extending from the Grantors' eastern boundary approximately 242.72 feet to Grantors' western boundary line adjoining the Route 7 right-of- way. Being a portion of the lands and premises conveyed to SALAMIN HANDY and MOUNTAHA HANDY by Warranty Deed of Lowell T. and Susan G. Spillane, dated February 19, 1987 and recorded in Volume 219 at page 247 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. Said easement and right-of-way shall be used by the public as a recreational and bicycle pathway subject to the condition that no motorized traffic, including, but not limited to, motorcycles, trail bikes and snowmobiles, shall be allowed to STITZEL & PAGE, P.C. ATTORNEYS AT LAW 1 171 BATTERY STREET BURLINGTON. VERMONT 06401 Vol. Pag Vol.i Page =- STI' STITZEL & PAGF,, P.C. AI ATTORNEYS AT LAW 1 171 BATTE STRt:RT URI, BURLINGTON. VF.RMONT 05101 use the pathway, except motorized vehicles used by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored to their condition prior to such entry at its own cost and within a reasonable time. Grantee further agrees that it shall plant trees and landscape the area adjacent to the bicycle path on Grantor's property, install and maintain an access between the bicycle path and the parking lot on Grantor's property, and install a bicycle rack at a location on the property to be determined by the Grantors. Grantee further agrees that Grantors may, at their option and expense, place a sign on the easement stating that the easement has been donated by Grantors. Grantors shall consult with the South Burlington Zoning Administrator to determine the appropriate size, style and location of the sign prior to its purchase and placement. Grantee further agrees, for itself and its successors and assigns, that the area of the easement granted herein shall be included for the purpose of calculating setback distances and KO voL Page�-� STITZEL & PAGE. P.( ATTORNEYS AT LAW 171 BATTERY STREET I IIURLINGTON. VERMONT 051 lot area and, except as otherwise provided herein, Grantors' rights to develop the property shall not be otherwise affected by the grant of the easement herein. Grantee agrees, for itself and its successors, that it will indemnify and hold the Grantors 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 Grantors. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantors shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction a temporary easement and right-of-way five feet on each 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 recreational pathway is open to the public. The within Grantors, their successors and assigns, shall have the right to make use of the surface of the right-of-way and easement such as shall not be inconsistent with the use of said right-of-way, but specifically shall place no structures, landscaping or other improvements within said easement and right-of-way which shall prevent or interfere with the within Grantee's ability to use said easement and right-of-way. Grantee acknowledges that Grantors' construction and maintenance of improvements necessary to provide access to Grantors' MI 3 Vol. ilY Page -�2& STITZEL & PAGE, P.C. ATTORNEYS AT LAW III BATTERY STREET BIIRUNGTON. VERMONT 05401 property shall not be considered to be inconsistent with the use of this easement by the Grantee. TO HAVE AND TO HOLD the above granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantors do for themselves and their successors and assigns, covenant with Grantee and its successors and assigns, that Grantors are lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances other than mortgages, liens, and other encumbrances of record, that the Grantors have good right and title to sell and convey the rights as aforesaid and that Grantors, and their successor and assigns shall Warrant and Defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, Grantors hereunto set their hands and seals this day of SPOCVK�2r , 199�,- IN PRESENCE OF: l� r. STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Salamin Handy I rni r� !--�4 o"I) buntaha Handy 1�t hugfyJ' , Vermont, t tl saoPday of Yj i99�, personally appeared(uy�,L, 1 l �� and a HIOLLu - G0signers and sealers of the foregoing written 4 Vol. -Jj.� Page 577 STITZE L & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON. VE.RMONT 05401 instrument, and acknowledged the same to be their free act and deed. Befo e Q Notary Public The Vermont National Bank joins in this conveyance for the sole purpose of subordinating the liens of its mortgages dated April 19, 1989 and of record in Volume 278 page 69 of the City •:,f Scj',;t : Bu--Iington Land Records, aad dated February 20, 1990 and of recor din Volume 290 pag /J 1,7 STATE OF VE ONT ) / pp • COUNTY OF 3Ji�ljU�llG� V W of said land records.;11';; NAT ONAL BAN e• y P r , (L � n1 1 a BE IT REMEMBERED that on the r-Xy day of A D 1 . . , 1992, personally appeared C. ���� -� �z .tom l ut duly authorized agent of Vermont National Bank, sicjnerand sealer of the foregoing written instrument and acknowledged the same to be his free act and deed and the free act and deed of the Vermont National Bank. I:\SON054.eas Before me A��4c Notary Pub V MW* Property Tranew Tax 32 V. S, A. Chvz, 231 NIT - • VIIr::�USaLGa�..w,w.;: RfOD 5 Ratum No. . CIA A-6 END OF DOCUMENT Vol. ilj Pag 15Y ci ciyERIXs oMcE 30 Received Recorded in voi. - on page - Of So. Burlington land Rotor Attest: WARRANTY DEED Margaret A. Picard, Gity 0A KNOW ALL PERSONS BY THESE PRESENTS: THAT, ROBERT C. KELLY of Shelburne, in the County of Chittenden and State of Vermont, GRANTOR, in the consideration of TEN AND MORE DOLLARS paid to my full satisfaction by SALAMIN HANDY and MOUNTAHA HANDY, of Colchester in the County of Chittenden and State of Vermont, GRANTEE, by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said GRANTEE, SALAMIN HANDY and MOUNTAHA HANDY, husband and wife as tenants by the entirety, and their heirs and assigns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Being all and the same lands and premises and right of way and easement conveyed to Robert C. Kelly by warranty deed of Robert C. Kelly and Charles E. Jennings dated October hn 1992 and recorded in Volume , Page of the City of South Burlington Land Records and being more particularly described therein as follows: "A. A parcel of land with any and all improvements thereon, being located southerly of Swift Street in the City of South Burlington and containing 0.80 acres, more or less, the herein conveyed parcel of land being depicted as "Kelly & Jennings to S. & M. Handy, 0.80 Ac." on a plan entitled "Plan Showing Annex to Handy Property From Kelly & Jennings, Shelburne Rd., So. Burl., Vt." prepared by Warren A. Robenstien dated January, 1992 and recorded in Volume , Page of the City of South Burlington Land Records and being more particularly described as follows: Beginning at a point marked by an iron pipe set in the ground, said point being located south 19 degrees, 54 minutes west, a distance of 275.34 feet, more or less, from the southerly sideline of Swift Street, said point being in the boundary between the herein conveyed lands and premises and lands and premises depicted on the above -referenced plan as now or formerly of S. & M. Handy and marking the northwesterly corner of the herein conveyed parcel of land, and proceeding in a southerly direction along the boundary of said lands and premises depicted as now or formerly of S. & M. Handy for a distance of 140.00 feet, to a point marked by an iron pin set in the ground, said point marking the southwesterly corner of the herein conveyed lands and premises L ATNA M, & TETZ A and marking the intersection of the boundaries of SCHWEVER&TP-ATI P the herein conveyed lands and premises and lands PROfE55IONAL CORPORATION Vol, U Page and premises depicted on the above -referenced plan as now or formerly of S. & M. Handy and R. Jewett; thence turning left forming an interior angle of 90 degrees, 21 minutes, 50 seconds and proceeding in an easterly direction along the boundaries of lands and premises depicted on the above -referenced plan as now or formerly owned by R. Jewett, F. Hannon, C. Murray, and R. Ruel for a distance of 250.04 feet, more or less, to a point marked by an iron pipe set in the ground, said point marking the southeasterly corner of the herein conveyed lands and premises and the intersection of the boundaries of the herein conveyed lands and premises and lands and premises depicted on the above -referenced plan as now or formerly of R. Ruel, E. LeBlanc and now or formerly of Dunn & St. Amond; thence turning left forming an interior angle of 89 degrees, 37 minutes, 45 seconds and proceeding in a northerly direction along the boundary of lands and premises depicted on said plan as now or formerly of Dunn & St. Amond for a distance of 140.00 feet, more or less, to a point marked by an iron pipe set in the ground, said point marking the northeasterly corner of the herein conveyed lands and premises; thence deflecting to the left forming an interior angle of 90 degrees, 22 minutes, 15 seconds and proceeding in a westerly direction for a distance of 250.02 feet, more or less, to the point or place of beginning. Grantee is hereby given an easement and right of way for storing snow removed from a portion of the lands and premises described above subject to the terms and conditions set forth herein. The area subject to this easement is located northerly of the northwest corner of the above described parcel of land and is rectangular with easterly and westerly lines of 4 feet and northerly and southerly lines of 40 feet. The herein granted easement is for the storage of snow removed from the portion of a driveway to be constructed immediately southerly and adjacent to the easement only. No other snow shall be stored on the area subject to this easement. Portions of the herein conveyed lands and premises are subject to an easement for use by the public as a recreational and bicycle pathway as established by an easement deed from Robert C. Kelly and Charles E. Jennings to the City of South Burlington dated October , 1992 and recorded in Volume , Page of the City of South Burlington Land Records and is depicted on the above -referenced plan. The herein conveyed lands and premises are conveyed subject to Deferral of Permit No. DE-4-1815 dated September 28, 1992 and recorded in Volume , Page of the City of South Burlington Land Records and are subject to the following: LATHAM, EASTMAN, WAIVER OF DEVELOPMENT RIGHTS 'iWEVER & TETZLAFF WFSS... I ft1HPl1GETItW 11 Vol.Y Par . In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and the disposal of waste, including sewage, the grantee shall not construct or erect a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the installation of plumbing and sewage treatment facilities or convey this land without first complying with said State Regulations. The grantee by acceptance of this deed acknowledges that this lot may not qualify for approval for development under the appropriate environmental protection or health regulations and that the State may deny an application to develop the lot. Reference is hereby made to the following: 1. State of Vermont Water Supply and Waste Water Disposal Permit No. WW-4-0547 dated September 28, 1992 and recorded in Volume , Page of the City of South Burlington Land Records. 2. State of Vermont Subdivision Permit No. EC-4-1691 dated September 28, 1992 and recorded in Volume , Page Of the City of South Burlington Land Records. Reference is hereby made to a deed of easement from Lewis E. Wolfe, Roger B. Kennedy and Melvin Lichtig to the New England Telephone and Telegraph Company dated August 9, 1977 and recorded in Volume 131, Page 490 of the City of South Burlington Land Records. The herein conveyed parcel of land is a portion of the lands and premises conveyed to Robert C. Kelly and Charles E. Jennings by warranty deed of the New England Telephone and Telegraph Company dated September 25, 1987 and recorded in Volume 254, Page 93 of the City of South Burlington Land Records. B. A right of way and easement over the existing driveway extending from the northerly boundary of the above -described lands and premises to the southerly sideline of Swift Street. The herein conveyed right of way and easement is 20 feet in width and consists of the right of way depicted on the above -referenced plan as 1120-foot R.O.W." The herein conveyed right of way and easement extends over the remaining lands and premises conveyed to Robert C. Kelly and Charles E. Jennings by warranty deed of the New England Telephone and Telegraph Company dated September 25, 1987 and recorded in Volume 254, Page 93 of the City of South Burlington Land Records. The right of way and easement shall be used in common with the owners, assignees and tenants of the `ATHAM. EASTMAN, remaining property for ingress and egress to Swift SCHWEVER & TETZLAFF (, ---y VOL LATHAM. EASTMAN, SCHWEVER & TETZLAFF The herein grantee, his heirs, successors and assigns shall be solely responsible for maintaining the right of way and easement in good repair. Grantee agrees to pave the right of way and easement and construct appropriate curbs. Grantee further agrees to enlarge the existing curb cut on Swift Street serving the right of way and easement from 10 feet to 20 feet. Grantee's obligation to pave the right of way and easement, construct appropriate curbs and enlarge the existing curb cut on Swift Street shall not arise until such time as the above -described lands and premises are developed as part of a project involving adjacent property now owned by Salamin Handy and Mountaha Handy, the adjacent property having been conveyed to Salamin Handy and Mountaha Handy by warranty deed of Lowell T. Spillane and Susan G. Spillane dated February 17, 1987 and recorded in Volume 219, Page 247 of the City of South Burlington Land Records. Reference is hereby made to the above mentioned instruments, the records thereof, the references therein made and their respective records and references in further aid of this description. The parcel hereby conveyed shall upon such conveyance be merged with the property owned by grantees which they acquired by warranty deed of Lowell T. Spillane and Susan G. Spillane dated February 17, 1987 and recorded in Volume 219, Page 247 of the land records of the City of South Burlington. The property with which the parcel is hereby being merged is commonly known as 792 Shelburne Road in South Burlington, Vermont. Upon recording of this deed the parcel conveyed hereby and the above -referenced property with which the parcel is being merged shall be considered a single parcel of land. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said GRANTEES, SALAMIN HANDY and MOUNTAHA HANDY, husband and wife, as tenants by the entirety, their heirs and assigns, to their own use and behoof forever; And I the said GRANTOR, ROBERT C. KELLY, do for myself and my heirs, executors and administrators, do covenant with the said GRANTEES, SALAMIN HANDY and MOUNTAHA HANDY, their heirs and assigns, that until the ensealing of these presents I am the sole owner of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as above stated and except for the real estate taxes which shall be prorated V u!. Pagg 4'( as of the date of this conveyance. I hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as above stated. IN WITNESS WHEREOF, I hereunto set my hand and seal this day of October, 1992. n Pre$enc6 Of �R� (-')� Robert C. Kelly STATE OF VERMONT� CHITTENDEN COUNTY, SS. At l , , Vermont, this 01 Z day of October, 1992, ersonally appeared Robert C. Kelly and he acknowledged this instrument,,by him sealed and subscribed to be his free a t an de d. Before me i A Nota blic NDW1392 a:kelly2.wd.1-5/tami Vermont property Transfer Tax 32 V. S. A. Chap. 231 - ACKNOWLEDGEMENT - R£TLUi FEUD -TAX NO - 60AR0 0� HE "" G` T. P£CV. vr. L ma use a oMMOU PW43 ACT. Uxr, FECD Return No. Clerk Data LATHAM. EASTMAN. SCHWEYER & TETZLAFF PROFESSIONAL CORPORATION ATTORNEYS 3043 MAIN STREET v-5�w. �0 r CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant 2) Name of Subdivision 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application - 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and containing all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) for a major subdivision. (Signature), applicant or; ontact person Date City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 16, 1992 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Handy, Kelly & Jennings Boundary Line Adjustment Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project. _Please note the conditions of approval and the requirement that the final plat be recorded within 90 days from the approval date. If you have any questions, please give me a call. Scere y, W-4z- e Weith, ity Planner 1 Encl JW/mcp cc: Robert Kelly Charles Jennings City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 3, 1992 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Handy, Kelly & Jennings Boundary Line Adjustment Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the October 13, 1992 Planning Commission meeting minutes. Please note the conditions of approval and the requirement that the final plat be recorded within 90 days from the approval date. If you have any questions, please give me a call. erely, 16e Weith, City Planner 1 Encl JW/mcp cc: Robert Kelly Charles Jennings C" - PLANNING COMMISSION 13 October 1992 The South Burlington Planning Commission held a meeting on Tuesday, 13 October 1992 at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chairman; Mary -Barbara Maher, Terry Sheahan, Catherine Peacock, David Austin, William Craig, Mac Teeson Also Present: Joe Weith, City Planner; Sid Poger, The Other Paper; L. Lam- oureux, Gabe Handy, Gordon Woods, Katherine Blair, Frederick Hannon, Raymond Jewett, Shirley Murray, Kay Hannon, Roger Dickenson, Peter Collins 1. Other Business: No issues were raised. 2. Minutes of 22 September 1992: The following corrections were noted: a) Mr. Austin was not present; b) Heathcote was misspelled throughout; Mrs. Maher, not Mr. Burgess, moved for approval of the Minutes. Mrs. Maher moved to approve the Minutes of 22 September as amended. Mr. Sheahan seconded. Motion passed 6-0 with Mr. Austin abstaining. 3. Public Hearing: Preliminary Plat and Final Plat applications of S. Handy, B. Kelly, and C. Jennings for a boundary line adjustment involving two parcels of 2.4 acres and 0.85 acres, 45 Swift Street and 792 Shelburne Rd: Mr. Burgess noted that this is the same application as previously approved in May. The applicant did not file the necessary paper work in time, so they are back with a new application. Mr. Handy explained that the delay was caused by the state and that the state approvals were just received. Mr. Jewett said that the neighbors who had previously favored the application because Mr. Handy had said he would purchase their properties now oppose it because Mr. Handy is not going to buy their properties. Mr. Handy asked for 6 months in which to remove the shed and con- crete pad. Members had no problem with this. PLANNING COMMISSION 13 October 1992 page 2 Mr. Austin moved the Planning Commission approve the Preliminary Plat and Final Plat_applications of S. Handy, B. Kelly, and C. Jennings for a boundary line adjustment involving two existing parcels of 2.4 acres and 0.85 acres thereby creati two recon- figured parcels of 1.6 acres and 1.45 acres as depicted on a plat entitled "Plan Showing Annex to Handy Property from Kelly & Jen- nin s, Shelburne Rd., South Burlington, Vermont," prepared by Warren Robenstein and dated January, 1992 with the following stipulations: 1. The sheds and concrete pads shown as "to be removed" shall be removed and the existing paved area which is proposed to be con- verted to green area in order to comply with covera a requirements shall be so converted prior to recording of the final plat, or within six months of recording the final plat. 2. Appropriate le al documents merging the 0.8 acres with the ex- isting Handy parcel shall be submitted to the City Attorney for a proval and shall be recorded in the South Bur lin ton Land Re- cords at the same time the plat is recorded. 3. Appropriate le al documents for the 20 foot r.o.w. over the existing Handy parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlin ton Land Re- cords prior to or at the same time the final plat is recorded. 4. Appropriate keSAL documents for the proposed bike path easement shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington Land Records prior to or at the same time the final plat is recorded. 5. The final plat shall be recorded in the Land Records within 90 days or this approval is null and void. The plat shall be si ned by the Planning Commission chair or clerk prior to recording._ Mrs. Maher seconded. Motion passed 6-0 with Mr. Sheahan abstain- i ng __ 4. Review of parking and circulation pattern at Gagnon Day School, 2004 Williston Rd: Mr. Burgess reviewed the history of the item. He noted the Com- mission had reserved the right to review circulation after the facility had been open for a year. Ms. Blair reported that the Commission's approval had been for 20 students but the state had licensed them for only 15 students so there are fewer cars then anticipated. She said there have been no parking or circulation problems. 10/13/92 JW MOTION OF APPROVAL HANDY/KELLY/JENNINGS I move the South Burlington Planning Commission approve the Preliminary Plat and Final Plat applications of S. Handy, B. Kelly and C. Jennings for a boundary line adjustment involving two existing parcels of 2.4 acres and 0.85 acres thereby creating two reconfigured parcels of 1.6 acres and 1.45 acres as depicted on a plat entitled "Plan Showing Annex to Handy Property from Kelly & Jennings, Shelburne Road, South Burlington, Vermont", prepared by Warren Robenstein and dated January 1992 with the Following stipulations: The sheds and concrete pads re oved io to rec r ing the shown as "to be removed" shall be f inal platf o- !o ww.-�'t-�, d0 2 he existing paved area which is proposed to be converted to reen area in order to comply with coverage requirements shall be so converted prior to recording the final plat, or within six months of recording the final plat. 3. Appropriate legal documents merging the 0.8 acres with the existing Handy parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington Land Records at the same time the plat is recorded. 4. Appropriate legal documents for the 20 foot r.o.w. over the Kelly/Jennings parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 5. Appropriate legal documents for the proposed bikepath easement shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 6. The final plat shall be recorded in the land records within 90 days or this approval is null and void. The plat shall be signed by the Planning Commission chair or clerk prior to recording. 1 1 IL IWI .3 7 z 10/13/92 JW MOTION OF APPROVAL HANDY/KELLY/JENNINGS I move the South Burlington Planning Commission approve the Preliminary Plat and Final Plat applications of S. Handy, B. Kelly and C. Jennings for a boundary line adjustment involving two existing parcels of 2.4 acres and 0.85 acres thereby creating two reconfigured parcels of 1.6 acres and 1.45 acres as depicted on a plat entitled "Plan Showing Annex to Handy Property from Kelly & Jennings, Shelburne Road, South Burlington, Vermont", prepared by Warren Robenstein and dated January 1992 with the Following stipulations: 1. The sheds and concrete pads shown as "to be removed" shall be removed prior to recording the final plat. 2. The existing paved area which is proposed to be converted to green area in order to comply with coverage requirements shall be so converted prior to recording the final plat, or within six months of recording the final plat. 3. Appropriate legal documents merging the 0.8 acres with the existing Handy parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington Land Records at the same time the plat is recorded. 4. Appropriate legal documents for the 20 foot r.o.w. over the Kelly/Jennings parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 5. Appropriate legal documents for the proposed bikepath easement shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 6. The final plat shall be recorded in the land records within 90 days or this approval is null and void. The plat shall be signed by the Planning Commission chair or clerk prior to recording. 1 M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: October 13, 1992 agenda items Date: October 9, 1992 3) HANDY, KELLY & JENNINGS - BOUNDARY LINE ADJUSTMENT - PRELIMINARY AND FINAL PLAT This application is for reapproval of the preliminary and final plats for a boundary line adjustment involving two (2) parcels of 2.4 acres and 0.85 acres thereby creating two (2) reconfigured parcels of 1.6 acres and 1.45 acres. The purpose for the reapproval is because the applicant failed to provide the legal documents necessary to record the final plat within the 90 days period. Final plat was approved on 5/21/92 (minutes enclosed). This boundary line adjustment is between the Handy property (Bonanza Restaurant) at 792 Shelburne Road and the Kelly & Jennings property at 45 Swift Street. Kelly & Jennings are reducing the size of their lot in order to enlarge the Handy property by 0.8 acres. The 45 Swift Street property is located in the Commercial 1 District and is bounded on the north by Swift Street, on the east by a single family dwelling and a mini -warehouse, on the south by four (4) single family residences on Lindenwood Drive and on the west by Bonanza, Pizza Hut Restaurant and a commercial building containing a beauty shop and an interior decorator. The Kelly & Jennings property is presently developed with an office and warehouse building. These uses require a total of 20 parking spaces and 54 spaces are available on this lot. Coverage/setbacks: Building coverage on the remaining Kelly & Jennings lot will be 27.7% (maximum allowed is 30%). Overall coverage will be 70% (maximum allowed is 70%). Existing covered area is being converted to green space to meet coverage requirements. 1 Memorandum October 13, October 9, Page 2 - Planning 1992 agenda items 1992 The main building meets all setback tequirements but a detached accessory shed which straddles the new boundary line does not. It is shown on the plat as to be removed. This shed must be removed prior to recording of final plat. Access/circulation: A new 20 foot r.o.w. is proposed across the remaining Kelly & Jennings property. The whole issue of access and circulation was evaluated at the time of site plan review for the motel addition on the Handy property. Recreation/Bikepath: The plat shows an easement for a recreation/bike path across the applicant's property from Swift Street to Shelburne Road. The path is located along the perimeter of the property and should not interfere with any future development. Merger agreement: Legal documents which merge the Handy property with the .8 acre lands must be submitted, reviewed, and approved by the City Attorney. These legal documents should be recorded at the same time the plat is recorded. The following is a list of the conditions attached to the expired final plat approval: 1. The sheds and concrete pads shown as "to be removed" shall be removed prior to recording the final plat. 2. The existing paved area which is proposed to be converted to green area in order to comply with coverage requirements shall be so converted prior to recording the final plat, or within 6 months of recording the final plat. 3. Appropriate legal documents merging the 0.8 acres with the existing Handy parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records at the same time the plat is recorded. 4. Appropriate legal documents for the 20 foot r.o.w. over the Kelly/Jennings parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records at the same time the plat is recorded. 2 Memorandum - Planning October 13, 1992 agenda items October 9, 1992 Page 3 5. Appropriate legal documents for the proposed bike path easement shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. These same conditions should be attached to the final plat approval. 4) GAGNON'S DAY SCHOOL - PARKING/CIRCULATION REVIEW The purpose of this item is to review the parking and circulation pattern. The Planning Commission at its September 17, 1991 approval (minutes enclosed) required that the Planning Commission review the parking and circulation pattern after one year to determine whether a turn -around and/or additional parking is needed on the adjoining property to the north. Enclosed is a letter from the school and a chart showing the time when each student arrives and leaves. This chart shows that the peak arrival;,period is between 7:45 A.M. and 8:15 A.M. and the peak departure period is between 4:30 P.M. and 5:30 P.M. Parking: The chart seems to indicate that there are no more than two (2) vehicles picking up or dropping off students within any 15 minute interval. Given that there are seven (7) parking spaces available and only three (3) spaces are used by the employees, parking space availability does not appear to be a problem. Circulation: Due to low amount of traffic experienced on the site, no circulation problems exist. Staff observed parking and circulation on the site and feels it is adequate. 3 PLANNING COMMISSION 24 March 1992 page 5 variance. They won't take down any of the big trees in back of the property. The applicant anticipated only one or two site visits a day and said they will not generate any traffic at the location. The applicant was concerned about the Williston Rd. impact fee and asked to be exempted because the building is 99% unmanned. Mr. Weith noted that the $433 is based on general office use. Mr. Craig felt this could be cut in half as it is a unique use. Other members agreed. Mr. Austin moved the Planning Commission approve the Site Plan application of Paul Valois for conversion of a 1,120 sq. ft. single-family home to communications ;ffice use as depicted on a plan entitled "3097 Williston Road, South Burlin ton, Vermont," prepared by Paul Valois and dated received 3/13/92 with the following stipulations: 1.The Planninq Commission a 2) parking spaces for this use. This represents a waiver of 2 spaces from the required 4 spaces by standard. It is the Planning Commission's opinion that due to the uniqueness of the specific use, two spaces will be adequate. Any change in use from a communications office use shall require Planning Commission approval roves two I 2. Due to the uniqueness of the use, the Planning Commission shall require only half of the required contribution to the Wil- liston _Road Area Two Improvement Fund Based on 1.5 trip ends during the peak hour, the applicant shall contribute $216 50 Th_e_remaining contribution shall be assessed if and when a change in use is proposed and approved 3. The applicant shall _obtain a zoninq/buildinq permit, if nec- essary, within 6 months or this approval is null and void. Mrs. Maher seconded, and the motion passed unanimously. 6. Public Hearing: Preliminary Plat application of S. Handy, B. Kelly and C. Jennings for a boundary line adjustment involving two existing parcels of 2.4 acres and 0.85 acres, thereby creating two reconfigured parcels of 1.6 acres and 1.45 acres, 45 Swift Street, 792 Shelburne Rd: Mr. Woods showed the planned division on the plan. Mr. Craig asked the distance between the back of the parking spaces and the property line. Mr. Woods said it is 5 feet. Mr. Weith noted it is paved now and will have to be converted to green space to meet coverage requirements for a smaller lot. PLANNING COMMISSION 24 March 1992 page 6 Mr. Craig asked the Commission to consider the ramifications of putting the access where it is indicated. He said the implica- tions are that at some time, there may be a request to change the access on the Bonanza lot and he wondered if the Commission would be bound by the access approved in this application. Mr. Sheahan said it is not a given that when the applicant comes back with a development application that the Commission will approve it. Mr. Craig said he wanted it made clear that all the Commission would be approving in this application is a boundary line adjustment. Mr. Woods then showed the location for the bike path easement. Mr. Jewett asked if the granting of the boundary line adjustment guarantees the bike path. Mr. Sheahan said if it is in the plat, it becomes part of the approval. Mr. Weith said he suggested documents on the easement be recorded prior to final plat. Mr. Stevens said he has a drainage problem already and asked if it will get worse if the applicant paves the lawn area. Mr. Woods said they are not adding paving. Mr. Stevens asked if they can pave to a property line. Mr. Craig said the Commission tries to insure that a 5 foot strip is left for snow storage. Mr. Burgess stressed that there is no rule to that effect, but the Commission tries to keep a buffer. Mr_. Austin moved the Planning Commission_ approve _the preliminary plat application of S. Handy, B. Kelly and C. Jennings_for _a boundary line adjustment_ involving two existing parcels of _2.4 acres and 0.85 acres thereby creating two reconfigured parcels of 1.6 acres and 1.45 acres as depicted on a plat entitled "Plan showing Annex to Handy Property from Kelly & Jennings, Shelburne Road, South Burlington, Vermont," prepared by Warren Robenstein and dated January 1992 with the followin stipulations: 1. The sheds and concrete pads shown as "to be removed" shall be removed prior to recording the final plat. 2. The existing paved area which is proposed to be converted to green area in order to comply with coverage re uirements shall be so converted prior to_recordinq the final plat or within six months following recording the final plat. 3. Appropriate legal documents merging the 0.8 acres with the ex- isting Handy parcel shall be submitted to the City Attorne for approval and shall be recorded in the _South Burlington land re- cords at the same time the plat is recorded. 4. A22ropriate le al documents for the 20 foot r.o.w. over the Kell /Jennin s arcel shall be submitted to the City Attorne for approval and shall be recorded in the South Burlignton 1_a_n_d_ re- cords prior to or at the same time the final plat is recorded. PLANNING COMMISSION 24 March 1992 page 7 5._Appropriate le al documents for the proposed.bike oath ease- ment shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 6. The final_p_1atapplication shall be submitted within 12 months or this approval is null and void. Mrs. Maher seconded. Motion passed unanimously. 7. Site Plan application of SSL Corporation for 1) change in parking and circulation and 2) relocation and expansion by 900 sq. ft. of existing office space, Gaynes Shopping Center, 861 Williston Rd.: Mr. Roessler reviewed the landscaping plan which will replace the Jersey barriers. There will be a raised asphalt strip with small plantings. Circulation will be the same. They will eliminate the "cage" on the outside of the building and will increase parking spaces. There will be some landscaping to screen the building from I-89 and will agree to use the species recommended by Planning staff. Elgin Smith, representing Price Chopper, said they are concerned about safety and about operating their business. They are looking for something that will be convenient for shoppers and feel they should be part of the process. They want to be able to submit a proposal. Mr. Roessler noted that this plan was in place when Price Chopper got their lease. Mr. Senesac said the traffic flow works. There have been no accidents and no one hurt because of it. To put in a cut would hurt circulation and stacking capability. Sam Bloomberg, representing the property owner, said they approve and support the application. Mr. Austin said he didn't feel the Commission should be mediating between Price Chopper and the owner. Mr. Roessler showed why they feel the Price Chopper idea won't work from the point of view of circulation. There have been accidents in the past and he felt they would happen again. They would also lose 6 parking spaces. Mrs. Maher said she understood Price Chopper's problem and sug- gested they might move their building entrance to the east, closer to the Gaynes entrance. Mr. Craig noted the property is in Traffic Overlay District #1 and is already 400 over the trip limit now. He noted the cur- rent proposal would increase the trips by three and he didn't want to go over the number now there. Ms. Peacock agreed. Mr. Roessler said this would mean they couldn't increase the size of City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 9, 1992 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Handy, Kelly & Jennings Boundary Line Adjustment Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. If you have any questions, please give me a call. Sincerely, Joe Weith, City Planner Encls JW/mcp cc: Robert Kelly Charles Jennings M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: October 13, 1992 agenda items Date: October 9, 1992 3) HANDY, KELLY & JENNINGS - BOUNDARY LINE ADJUSTMENT - PRELIMINARY AND FINAL PLAT This application is for reapproval of the preliminary and final plats for a boundary line adjustment involving two (2) parcels of 2.4 acres and 0.85 acres thereby creating two (2) reconfigured parcels of 1.6 acres and 1.45 acres. The purpose for the reapproval is because the applicant failed to provide the legal documents necessary to record the final plat within the 90 days period. Final plat was approved on 5/21/92 (minutes enclosed). This boundary line adjustment is between the Handy property (Bonanza Restaurant) at 792 Shelburne Road and the Kelly & Jennings property at 45 Swift Street. Kelly & Jennings are reducing the size of their lot in order to enlarge the Handy property by 0.8 acres. The 45 Swift Street property is located in the Commercial 1 District and is bounded on the north by Swift Street, on the east by a single family dwelling and a mini -warehouse, on the south by four (4) single family residences on Lindenwood Drive and on the west by Bonanza, Pizza Hut Restaurant and a commercial building containing a beauty shop and an interior decorator. The Kelly & Jennings property is presently developed with an office and warehouse building. These uses require a total of 20 parking spaces and 54 spaces are available on this lot. Coverage/setbacks: Building coverage on the remaining Kelly & Jennings lot will be 27.7% (maximum allowed is 30%). Overall coverage will be 70% (maximum allowed is 70%). Existing covered area is being converted to green space to meet coverage requirements. 1 Memorandum October 13, October 9, Page 2 - Planning 1992 agenda items 1992 The main building meets all setback requirements but a detached accessory shed which straddles the new boundary line does not. It is shown on the plat as to be removed. This shed must be removed prior to recording of final plat. Access/circulation: A new 20 foot r.o.w. is proposed across the remaining Kelly & Jennings property. The whole issue of access and circulation was evaluated at the time of site plan review for the motel addition on the Handy property. Recreation/Bikepath: The plat shows an easement for a recreation/bike path across the applicant's property from Swift Street to Shelburne Road. The path is located along the perimeter of the property and should not interfere with any future development. Merger agreement: Legal documents which merge the Handy property with the .8 acre lands must be submitted, reviewed, and approved by the City Attorney. These legal documents should be recorded at the same time the plat is recorded. The following is a list of the conditions attached to the expired final plat approval: 1. The sheds and concrete pads shown as "to be removed" shall be removed prior to recording the final plat.. 2. The existing paved area which is proposed to be converted to green area in order to comply with coverage requirements shall be so converted prior to recording the final plat, or within 6 months of recording the final plat. 3. Appropriate legal documents merging the 0.8 acres with the existing Handy parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records at the same time the plat is recorded. 4. Appropriate legal documents for the 20 foot r.o.w. over the Kelly/Jennings parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records at the same time the plat is recorded. 2 Memorandum - Planning October 13, 1992 agenda items October 9, 1992 Page 3 5. Appropriate legal documents for the proposed bike path easement shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. These same conditions should be attached to the final plat approval. 4) GAGNON'S DAY SCHOOL - PARKING/CIRCULATION REVIEW The purpose of this item is to review the parking and circulation pattern. The Planning Commission at its September 17, 1991 approval (minutes enclosed) required that the Planning Commission review the parking and circulation pattern after one year to determine whether a turn -around and/or additional parking is needed on the adjoining property to the north. Enclosed is a letter from the school and a chart showing the time when each student arrives and leaves. This chart shows that the peak arrival period is between 7:45 A.M. and 8:15 A.M. and the peak departure period is between 4:30 P.M. and 5:30 P.M. Parking: The chart seems to indicate that there are no more than two (2) vehicles picking up or dropping off students within any 15 minute interval. Given that there are seven (7) parking spaces available and only three (3) spaces are used by the employees, parking space availability does not appear to be a problem. Circulation: Due to low amount of traffic experienced on the site, no circulation problems exist. Staff observed parking and circulation on the site and feels it is adequate. 3 s State of Vermoi3t w Department of Fish and WildlUq Department of Forests, Parks and Recreation Departrrnent of Environmental Conservation State Geologist Natural Resources Conservation Council Charles JENNINGS 45 Swift Street So. Burlington, VT 05403 RE: WW-4-0547 exist comm. bldg. mun. water and sewer 1.59 acres 580 gpd Dear Applicant: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation 111 West Street Essex Jct.,Vermont 05452 Telephone # 879-6563 September 17, 1992 We received your completed application for the referenced permit on 09/03/92, including a fee of $262.6 paid for by Check Number 2824. This application falls under the Water/Wastewater: 501 - 1000 GPD Program Area, and under the Performance Standards for this program area, we have 45 days of 'in-house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 days in-house, please contact this office at 879-6563. Please note that this does not constitute receipt of your application under the requirements of Act 250. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563. The Subdivision Application and Deferral of Permit Application will be processed with the Water Supply Wastewater Disposal Application. Fop the Divi,sipn of Protection, Irene L � Rober elt, Administrative Secretary Cc: David Greenberg So. Burlington Planning Commission Rryinndl Oiii(_-, n, w F, r- J,:;_/PittJc);,iN Sl i—1ffld'St. Jnhnshui V t Material In brackets 3leted; material in, italics ided. James E. Rader City Clerk 3ptember 25, 26, 1992 INVITATION TO BID INSTRUCTIONS TO BIDDERS ;HARLQTTE CENTRAL SCHOOL PROPOSED EGRESS FROM EAST PARKING LOT ou are Invited to submit proposal to build a new Kit ramp at the Charlotte antral School Parking idders must inspect the to and be aware of actu- field conditions. Continued Next Column SPORTS CENTER IN ET. ALBANS VT will be accepted. by the Trustees of Bellows Free Academy until 2:00 P.M. on Monday Oct 5, 1992 at Bellows Free Academy In the Trustees Boardroom (room 3-B) at which time and place all bids shall be publicly; opened and all bids read aloud. Bids sub- mitted after this time will not be accepted. To ob- tain a copy of Plans, Specifications, Bidders In- formation, Form of Bid and other contract docu- ments contact: 1. Michael Dugan, A.I.A. 25 Pinecrest Drive Essex Jct, VT 05452 878-0070 Cuuui,u�u N.At Column The Woodwright a feature of this newspaper t CAROUSEL BIRD FEEDER. Unique bird feeder resembles old- fashioned circus carousel that can spin in the wind. It's easy to build from plywood. Can use large coffee can for seed dispenser. Decorate in any manner you choose. Plans in- clude complete materials list, fullsize patterns for the carousel horses, additional detailed cutting diagrams, plus step by step, il- lustrated instructions. #2015 $6.95 Add $2.95 for our catalog, which in- cludes 4 free mini -plans and $16 in coupons. Satisfaction guaranteed. Send to: The Woodwright Dept. *(Newspaper zip code) P.O. Box 1000, Bixby, OK 74008. Include plan number, your name, address, city, state & zip code. under existing . buildings. Houses Jacked, walls . reinforced, general C. Ray Reynolds Contractor 878-2193 LADENSACK A SONS Site. work, septic -mound systems, ponds, roads & lot clearing. 434-3072, Fully lmured..878-8390 STAND OUT AND SELL MORE — USE STARSI vr� -. -s,rrs..x • TOPSOIL Preml0m, heavy loam. De- livered in 3 or 8 yards. Pick up available. Call JS Lana & Co. 878-5720 Convert duffer to cash with a Free Press Classified ad. Cat 658-3321. 15 days 30 days 90 days i z months 'above prices based an 4-1tae mintmum Other headings available. Must run number of days purchased. Call658-3321 or toll -free 1-800-427-3124. LEGAL NOTICES 1 2. Douglas W. Wil- liams, Director of Build- ings and Grounds Bellows Free Acade- my Collins Perley Sports Center Route 104 3l. ;,; aw,J, VT 05478 527-1202 The Owner reserves the right to reject any or all bids, to accept any bid, to waive any Informality in bids received, and to omit any Rem or Items deemed advisable for the best in- terests of the owner. A pre -bid conference will take place at 3:00 P.M. at the Collins Perley Sports Center Route 104, St. Albans, VT on Wednesday Sept. 30, 1992. All bidders are re- quired to attend. September 26, 27, 28 1992 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, October 13, 1992, at 7:30 P.M. to con- sider theNollowing: Preliminary Plat and Final Plat applications of S. Handy, B. Kelly and C. Jennings for a boundary line adjustment involving two parcels of 2.4 acres and 0.85 acres, 45 Swift Street and 792 Shelburne Road. Copies of the appli- cation are available for public inspection at the South Burlington City Hall. . Continued Next Column SELL "IM nEMS" WITH A CLASSIRM AD. ULL 658-3321 ABSOLUTELY FREE 2 LEGAL NOTICES 1 William Burgess, Chairman South Burlington Planning Commission September 26, 1992 REQUESTFOR PROPUSpLJ The Lamoille Regional Solid Waste Management District (LRSWMD) is re- questing proposals from qualified firms for site preparation, and con- struction of drop-off facili- ties located in the Towns of Johnson, Wolcott, and Worcester, Vt. Respon- dents must demonstrate experience, dependability, reliability, and the ability to quickly supply equip- ment and construction materials needed to pre- pare the site and to con- struct the drop-offs to the specifications required. Respondents can bid on any or all of the drop-off sites. Site layouts are available for viewing at the Lamoille Regional Sol- d Waste Management District Office in Morris- ville, VT. Proposals are due by 5:00 PM, on Octo- ber 15, 1992. For more information, call LRSWMD at (802) 888-7317. Sepptember 24, 25, 26, 1992 ABSOLUTELY FREE 2 BARN WINDOWS & METAL DESK — old windows. Large 6-drawer desk. 879-0685 BLUE TOILET AND SINK come pick It up! Call 865-4645 SELL "IDU MARS" WITH A CLASSIRM AD. CALL 658-3321 CATS — One 6-yr-old tortoise female and one 5- year-old black/grey tabby male. Need affection, owners moving. 878-8848 after 2:30 pm ELECTRIC HOT WATER HEATER — 40 gallons. In ggood condition. 985- 8145 anytime FREE WOODEN SKIDS Ideal for camp wood, kindling, etc. Daily 8 a.m.-3 p.m. only Mon. -Fri. 11 802-863-3441, ext. 1067 11 ABSOLUTELY FREE 2 FEED FOR PIGS Call between 8-10AM. 862-9591 a or372-4834 FREE TO GOOD HOME, two lovable grown cats, have shots. Moving, can't take. them with me. Please call Elaine at 862-0837 after 6 pm daily. KITTENS Really Cute! Tigers, grays, blacks. Healthy & Fun. 6 weeks old. 453-5435 LOVABLE DOG — 41/2 yr old, spayed female, shots, German Shepherd mix, playful & obedient, loves company. 933-5553. FEED FOR PIGS Call between 8-10AM. 862-9591 or 372-4834 ADVERTISING WITH STARS * IS LIKE PUTTING YOUR NAME IN LIGHTS CHILD CARE 4 AFFORDABLE Wee Care Childcare. Structure, nur- turance. Transportation. Williston. 879-9698 LIVE-IN NANNIES Desperately needed for CT & lower NY families. Excellent opportunities. Family Extensions 1-800-W E-CARE6 NANNY WANTED In our Jericho home. 30-40 hrs/wk. Hrs changeable. Transportation required & flexibility a must. 899-1336 anytime. INFANT CHILDCARE NEEDED for end of No- vember. Winooski area. Call 655-3037 SEEKING person to care for two children (3 & 1) in our Colchester home. Experience. Flexible days, 2-7:30pm. 879-6269 SO BURLINGTON — Registered Day Care has AM openings (8:30 AM - 12 noon) avail. for your toddler. Lots of fun activ- ities. Call 862-5999 be- tween 8:30-noon. WANTED — childcare provider. Mature, experi- enced, full time or part time person for daytime childcare in our Williston - /Hinesburg home. 482- 3213 eves. _ WILL PROVIDE Child care in my Hinesburg home for 1-2 children. Call 482-4127 LOST AND FOUND 5 A lost or found pet? Call Petfinders weekdays 9am to 5 pm 1-800-666-LOST FOUND — Baby shoes in Richmond on Jericho Rd. Identify to claim. 434-2897 FOUND— black, tan and white cat, semi -long 11� haired, fluffy tail, young female or neutered male. Front paws declawed. Has been around over 2� wks. Bean Rd, Colches- ter. Linda: 864-0880 days, or 862-7254 eves * * * ADVERTISING WITH STARS IS LIKE PUTTING YOUR NAME IN LIGHTS Call Classified today, Reach buyers Monday. PLANNING COMMISSION 12 May 1992 page 2 4. Public Hearing: Final Plat application of Salamin Handy, B. Kelly, and C. Jennings for a boundary line adjustment involving two parcels of 2.4 acres and 0.85 acres, thereby creating two reconfigured parcels or 1.6 acres and 1.45 acres, 45 Swift St. and 792 Shelburne Rd. Mr. Handy said there had peen no changes since the preliminary approval. Mr. Austin moved the Planninq Commission approve the Final Plat application of S. Handy, B. Kelly and C. Jennings for a boundar line adjustment involving two existin parcels of 2.4 acres and 0.85 acres thereby creatin two reconfi ured parcels of 1.6 acres and 1.45 acres as depicted on a plat entitled "Plan Showin Annex to Handy Property from Kelly & Jennings, Shelburne Road, South Burlington_, Vermont," pre ared by Warren Robenstein and dated January 1992 with the followin stipulations: u 1. The sheds and concrete pads shown as "to be removed shall be removed prior to recording the final lat. 2. The existing paved area which is proposed to be converted to greeh area in order to comply with covera e requirements shall be so converted prior to recording the final plat, or within six months of recording the final plat. 3. Appropriate legal documents merging the 0.8 acres with the ex- isting Handy parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington Land Records at the -same time the lat is recorded. 4. Appropriate legal documents for the 20 ft. r.o.w. over the Kelly/Jennings parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land re- cords prior to or at the same time the final plat is recorded. 5. Appropriate legal documents for the proposed bikepath easement shall be submitted to the City Aftorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 6. The final plat shall be recorded in the land records within 90 days or this approval is null and void. The plat shall be signed by the Planninq Commission chair or clerk prior to recordinq. Mrs. Maher seconded. Motion passed unanimouslv. 5. Site Plan application of Salamin Handy for an 80-room motel and 178 seat quality restaurant, 792 Shelburne Road: City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 September 28, 1992 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Handy, Kelly & Jennings, Boundary Line Adjustment Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project. Please note that this approval expired for failure to file the final plat within 90 days of approval. If you have any questions, please give me a call. nc rely] pit Vlr�- J Weith, City Planner 1 Encl JW/mcp cc: Robert Kelly Charles Jennings PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, October 13, 1992, at 7:30 P.M. to consider the following: Preliminary Plat and Final Plat applications of S. Handy, B. Kelly and C. Jennings for a boundary line adjustment involving two parcels of 2.4 acres and 0.85 acres, 45 Swift Street and 792 Shelburne Road. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess, Chairman South Burlington Planning Commission September 26, 1992 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER ZONING ADMINISTRATOR 658-7955 658-7958 September 21, 1992 Gordon Woods 104 Church Street Burlington, Vermont 05401 Re: Handy, Kelly & Jennings, Boundary Line Adjustment Dear Mr. Woods: Enclosed please find my preliminary comments on the above referenced project. If you have any questions, please give me a call. Sincerely, AL Raymdnd J. Belair, Zoning and Planning Assistant Encls RJB/mcp cc: Robert Kelly Charles Jennings M E M O R A N D U M To: Project Files From: Raymond J. Belair, Zoning and Planning Assistant Re: Preliminary Comments - October 13, 1992 agenda items Date: September 16, 1992 HANDY,KELLY & JENNINGS - BOUNDARY LINE ADJUSTMENT - PRELIMINARY & FINAL PLAT --- the sheds and concrete pads shown on the plan as "to be removed" will be required to be removed prior to recording the final plat. --- the existing paved area which is proposed to be converted to green area in order to comply with coverage requirement will have to be so converted prior to recording the final plat, or within 6 months of recording the final plat. --- appropriate legal documents merging the 0.8 acres with the existing Handy parcel should be submitted to the City Attorney for approval and should be recorded in the South Burlington land records at the same time the plat is recorded. --- appropriate legal documents for the proposed bike path easement should be submitted to the City Attorney for approval and should be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. ALAN PALMER - PARKING/CIRCULATION REVISION - 4050 WILLISTON ROAD --- site plan should show entire site, including dimensions, not just the portion of the site being revised. --- plan should show contours, CWD water line easement and water line. --- angled parking spaces are too small, Section 19.251 requires that all spaces be able to contain a 91x18' rectangle and the spaces shown do not meet this requirement. --- building and overall coverage percentages must be submitted. - -- the three (3) parking aisles oriented in a north -south direction adjacent to the building do not meet the minimum width requirements. Section 19.254 of the zoning regulations require a 22 foot wide parking aisle serving single rows of parking and 24 feet wide if serving double rows of parking. CITY OF SOUTH BURLINGTON Subdivision Application - PRJELIMINAR/Y PLAT 1) Name of Applicant �� AX)A/b�Z- 2) Name of Subdivision��i4%�/�/l 3) Submit Subdivision Fee 4) Describe Subdivision (,i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses) : :57 2 'y�C 2,4, /5 &!IW 0 /f ey Z!IVG Ao l) , g p 4 r T !6i�71bq-1-/Z1kL00 A011) a2a eVZV 5) Indicate any changes to name, address, or phone numbers of owner of record, applicant, or contact person since sketch plan application: A/ 6) Name, address, and phone number of: a. Engineer Gz Poe IAl-rew ZA4 ePT-Ux b . Surveyor � 2�1� /LL%0,e1V 5 f / Cx1 C. d. Plat Designer 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: `� 1 8) List names and mailing addresses of owners of record of all contiguous properties: �L Cg6 .91(/, l/'(G, 74i1/ '�WAI yyZ�clG" Leo c% Il�y�.f.T�y: %', .`- 2 IZuC-L DU14 N 1, Sr`Tr 9) State title, drawing number, date of original plus any revisions, and designer(s) of the preliminary map(s) accompanying this application: PI-41(4 5*ee�,I/x(' 10) COST ESTIMATES for Planned Unit Developments, multi -family and commercial and industrial complexes: a) Buildings b) Landscaping c) All other site improvements (e.g., curb work 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi- family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour P.M. peak hour Average daily traffic % of trucks 12) Attach FIVE copies and ONE reduced copy (11 x 17) of preliminary map showing the following information: a) Proposed subdivision name or identifying title and the name of the City. b) Name and address of owner of record, subdivider and designer of Preliminary Plat. c) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 2 d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property to be subdi- vided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately main- tained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of proposed finished grades where change of exist- ing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. i) Numerical and graphic scale, date and truce north arrow. j) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sani- tary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culvert which may be required. o) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless on existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. p) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 3 13) Development timetable (including number of phases, and start and completion dates) : 14) List the waivers applicant desires from the requirements of these regulations: L 15) 1) All existing subdivision, approximate tract lines and acreage of adjacent parcels, together with the names of the records owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or pro- posed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. �� t (Signature) applicant or contact person e�7�/'n,191r 61 iW b_� 4 CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 3 Y6 1 ) Name of Applicant C_..!i ti 2 ) Name of SubdivisionL� 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application - 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and containing all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) for a major subdivision. i (Signature) applicant or contact person Date i. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 Gabe Handy c/o Bonanza Restaurant 792 Shelburne Road South Burlington, Vermont 05403 August 13, 1992 ZONING ADMINISTRATOR 658-7958 Re: Handy, Kelly & Jennings, Boundary Line Adjustment Dear Mr. Handy: This is to inform you that the boundary line adjustment approved by the Planning Commission on 5/12/92 between yourself and the adjacent Kelly & Jennings property has expired. This approval expired for failure to record the final plat (mylar) within 90 days of the approval (see enclosed 5/12/92 minutes, conditon #6). The mylar was not filed due to the failure of providing three (3) legal agreements, which were required to be recorded at the same time the final plat was recorded (see 5/12/92 minutes, conditions #3, #4 and #5). This mylar can be picked up at my office at any time. The effect of this expiration on your site plan for the motel is that a zoning/building permit can not be issued until this boundary line adjustment is reapproved and the mylar recorded with the legal agreements. If you have any questions,please give me a call. i cerely, Joe Weith, City Planner JW/mcp cc: Gordon Woods Robert Kelly Charles Jennings Richard Ward City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 June 30, 1992 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Handy, Kelly & Jennings, Boundary Line Adjustment. Dear Mr. Wood--: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the May 12, 1992 Planning Commission meeting minutes. Please note the conditions of approval and the requirement that the final plat be recorded within 90 days of the approval. If you have any questions, please give me a call. in erely, oe Weith, City Planner 1 Enc.l JW/mcp cc: Robert Kelly Charles Jennings 9 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 June 10, 1992 ZONING ADMINISTRATOR 658-7958 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 i Re: Handy, Kelly & Jennings, Boundary Line Adjustment Dear Mr. Woods: Enclosed please find a copy of the March 24, 1992 Planning Commission meeting minutes. Please note the conditions of approval. If you have any questions, please give me a call. S'n erely, Jo Weith, City Planner 1 Encl JW/mcp cc: Robert Kelly Charle,�,,nnings City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 28, 1992 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Handy, Kelly & Jennings, Boundary Line Adjustment Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision for preliminary plat approval of the above referenced project. If you have any questions, please give me a call. S'n ere , oe Weith, City Planner JW/mcp 1 Encl cc: Robert Kelly Charles Jennings 0 ,-1 v �✓a.�/i3 D96w,"i f;;;noAr pe? S�a-6 Gc// c L 4� c s/e CAST �EE77��. \4Y77P '14AVSC rJ ►c tam 1 j 0 N /� 0 v10 7a 5,j,3 A-,1 7— N 5/ 12/92 JW MOTION OF APPROVAL k I move the South Burlington Planning Commission approve the Final Plat application of S. Handy, B.Kelly and C. Jennings for a boundary line adjustment involving two existing parcels of 2.4 acres and 0.85 acres thereby creating two reconfigured parcels of 1.6 acres and 1.45 acres as depicted on a plat entitled, "Plan showing Annex to Handy Property from Kelly & Jennings, Shelburne Road, South Burlington, Vermont", prepared by Warren Robenstein and dated January 1992 with the following stipulations: 1. The sheds and concrete pads shown as "to be removed" shall be removed prior to recording the final plat. 2. The existing paved area which is proposed to be converted to green area in order to comply with coverage requirements shall be so converted prior to recording the final plat, or within six months of recording the final plat. 3. Appropriate legal documents merging the 0.8 acres with the existing Handy parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records at the same time the plat is recorded. 4. Appropriate legal documents for the 20 foot r.o.w. over the Kelly/Jennings parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 5. Appropriate legal documents for the proposed bikepath easement shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 6. The final plat shall be recorded in the land records within 90 days or this approval is null and void. The plat shall be signed by the Planning Commission chair or clerk: prior to recording. Memorandum - May 12, 1992 May 8, 1992 Page 2 Planning agenda items Area & Dimensions: Both lots will meet the minimum dimension requirements for single family lots in an R4 Lot #13 will also meet the minimum requirements for a dwelling. Access: Both lots have frontage on Gilbert Street. currently has an access and lot #13 does not. area and District. two-family Lot #12 Sewer: The sewer allocation for this project is 450 g per gallon fee would have to be paid at the time a zoning/building permit is issued. Recreation: The applicant will be required to pay the per unit recreation fee in effect at the time a zoning/building permit is issued for construction on lot #13. Final Plat: The Final Plat should show the following information: --- name and address of the owner of record and applicant. --- type of, location and approximate size of existing utilities. --- location. map --- the plan seems to show creating a new lot 5'xl82', the final plat should show the old boundary line as a dashed line with a notation that this line is to be dissolved. --- if there is a drainage pipe in the vicinity it should be shown. 4) HANDY. KELLY & JENNINGS - BOUNDARY LINE ADJUSTMENT - FINAL PLAT This project consists of a boundary line adjustment. involving two (2) existing parcels of 2.4 acres and .85 acres thereby creating two (2) reconfigured parcels of 1.6 acres and 1.45 acres. Preliminary plat approval was granted on March 24, 1992 (minutes not yet. available). This boundary line adjustment is between the Handy property (Bonanza Restaurant) at 792 Shelburne Road and the Kelly & Jennings pr:_,perty at 45 Swift Street. Kelly & Jennings are reducing the size of their lot in order to enlarge the Handy property by .8 acres. 2 Memorandum - May 12, 1992 May 8, 1992 Page 3 Planning agenda items The 45 Swift Street property is located in the Commercial 1 District and is bounded on the north by Swift Street, on the east by a single family dwelling and a mini -warehouse, on the south by four (4) single family residences on Lindenwood Drive and on the west by Bonanza, Pizza Hut Restaurant and a commercial building containing a beauty shop and an interior decorator. The Kelly & Jennings property is presently developed with an office and warehouse building. These uses require a total of 20- parking spaces and 54 spaces are available on this lot. Coverage/setbacks: Building coverage on the remaining Kelly & Jennings lot will be 27.7% (maximum allowed is 30%). Overall U coverage will be 70% (maximum allowed is 70%). Existing covered area is being converted to green space to meet coverage requirements. The main building meets all setback requirements but a detached accessory shed which straddles the new boundary line does not. wJ It is shown on the plat as to be removed. This shed must- be removed prior to recording of final plat. Access/circulation: A new 20 foot r.o.w. is proposed across the � remaining Kelly & Jennings property. The whole issue of access and circulation will be further evaluated at the time of site plan review for the motel addition on the Handy property (see next. item) . Recreation/Bikepath: The plat shows an easement -for a recreation/bike path across the applicants' property from Swift Street to Shelburne Road. The path is loc�ftthd 'along the f�r� perimeter of the property and should not interfere with any may, future development. Merger agreement: Legal documents which merge the Handy property with the .8 acre lands must be submitted, reviewed, and approved by the City Attorney. These legal documents should be recorded at the same time the plat is recorded. The following is a list of the conditions for preliminary plat approval: I. The sheds and concrete pads shown as "to be removed" shall be removed prior to recording the final plat. 3 Memorandum - May 12, 1992 May 8, 1992 Page 4 Planning agenda items 2. The existing paved area which green area in order to comply with so converted prior to recording months of recording the final plat. is proposed to be converted to coverage requirements shall be the final plat, or within 6 3. Appropriate legal documents merging the 0.8 acres with the existing Handy parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records at the same time the plat is recorded. 4. Appropriate legal documents for the 20 foot r.o.w. over the Kelly/Jennings parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 5. Appropriate legal documents for the proposed bike path easement shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. These same conditions should be attached to the final plat approval. 5) HANDY MOTEL ADDITION - 792 SHELBURNE ROAD This project consists of constructing an 80 room motel addition to an existing 178 seat restaurant. The addition would involve adding two (2) stories2t.o the current single story restaurant and constructing a four (4) story addition to the rear. Both buildings would be connected. The Planning Commission met with the applicant on 8/6/91 (minutes enclosed) to informally discuss this proposal. This property located at 792 Shelburne Road is within the Commercial 1 District. It is bounded on the north by an auto service station, Piz --a Hut restaurant, and a multi -use commercial building, on the east by a self -storage warehouse business, on the south by five (5) single family residences on Lindenwood Drive and an auto service station and on the west by Shelburne Road. 4 PLANNER 658-7955 City of South Burlington - 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 May 8, 1992 ZONING ADMINISTRATOR 658-7958 Gordon Woods 104 Church Street. Burlington, Vermont 05401 Re: Handy, Kelly & Jennings, Boundary Line Adjustment Dear Mr. Woods: Enclosed is the agenda for next Tuesday's Planning Commission meeting and comment.s from -City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please be sure someone is present on Tuesday, May 12, 1992 at 7:00 P.M. to represent. your request.. If you have any questions, please give me a call. Sincerely, Joe Weith City Planner Encis J w/mcp c.c: Robert Kelly Charles Jennings A -3-outb N urlingtou N ire Department gatttb +6ttrlingtnn. Uermnnt 115403 (802) 658-7960 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: TUESDAY MAY 12,1992 AGENDA ITEMS DATE: TUESDAY APRIL 28,1992 2. 3. 4. DR. SLACK GILBERT STREET 2-LOT SUB -DIVISION PLANS WERE REVIEWED BY THE FIRE DEPT AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. BONANZA RESTURANT AND HOTEL PROJECT PLANS HAVE BEEN REVIEWED BY THIS DEPARTMENT AND THE FOLLOWING MUST BE CORRECTED IF WE ARE TO GIVE EMERGENCY FIRE PROTECTION: A. AT LEAST 2700 G.P.M. WATER SUPPLY IS REQUIRED. B. A TWO HYDRANTS WILL BE REQUIRED ON THE PROPERTY AT A LOCATION APPROVED BY THIS OFFICE. ANNEX TO HANDY PROPERTY FROM KELLY & JENNINGS SHELBURNE ROAD AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. SO. BURLINGTON CHRYSLER PLYMONTH SHELBURNE ROAD PLANS WERE REVIEWED BY THIS DEPARTMENT AND AT THIS TIME THEIR IS NO WAY THE FIRE DEPARTMENT COULD GIVE EMERGENCY PROTECTION IF NEEDED. THERE IS A WATER PROBLEM AND HYDRANT LOCATION PROBLEM AS WELL AS ACCESS FOR EMERGENCY EQUIPMENT TO BOTH BUILDINGS. I Vl-eo NIGA LAM DBRT Q 0Z) DO% Sol, WILLISTON , VFRNONT QS496 I n♦ T I o lJ M A P W-T" - 61-L QIM rIJ 610 U7 TO, rr VL'ISlplpq PT THE VITL- 04 THE' 4-WIC44.1vIL- I4V EKRw[ o PMQYT IV �ru"T1,FN Nu:sT 8t• ISrpl-Kno TNr IIiLNITtGi F—IL 0 IJr<ISIuV MSEF=IC C' I 'K�LttI�IUq WITH THE' Wo11KI 1 � MARIL P. STI%VU NS 67 SWI?T ET-j%0.BURLWC.T0N, VT• ` CALBC2T f MAaIB ST. AMANO 65 DUNOl2 P-0.,SURL144TON,UT. 1 COVCRA0,C'.St-LLy'VJENMIF145 LOT LOT 512& 68,2S0 S1K 6REEU A12154 20, 500 SIF PCQCLNT RRCEN 30'% L.oTS ; LoT_i4" LxISTIN4 "T ----AFTC--r2 �u50IvISIoN. (06P1NI1443-MLY LoT) L2L NEW 5uBDWlcxcl I-aT U 40 WITH CkI5TlN6 BVMA1.ISA LaT- LoT-C � OT-C .MkI'5TIkC PzHANzA LOT, 5 1►E PLAN) SU60MSION APPLICATIUrh SCALII : I•- 20 20 AO bo BU Ire"ISC,I A-14-1�- 2M Va+, M-11-91 AWlsao a-26-41 TCPdISF n 8-1p-41 P. PI IZ 8-1641 OM.OI(.O abut. yy`o OCA" 1 10114 U F t:7 JOB NO. NoZ'l ONERT OF '�wdVl51or1 Anp, . M..T. %)-N! PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 24, 1992, at 7:30 P.M. to consider the following: 1) Revised Final Plat application of A&G Investments for 177 unit planned residential development consisting of 63 single- family units and 114 multi -family units known as the Village at Dorset Park located off Swift Street. The development is bounded „may I-89, City of South Burlington, Swift Street, Calkins and Hill. 2) Preliminary Plat application of S. Handy, B. Kelly and C. Jennings for a boundary line adjustment involving two parcels of 2.4 acres and 0.85 acres thereby creating two new parcels of 1.6 acres and 1.45 acres, 45 Swift Street and 792 Shelburne Road. The parcels are bounded by Burlington P.H. Ltd. Partnership, V/M Realty Partnership, M. Stephens, Dunn and St. Amand, E. LeBlanc, R. Ruel, C. Murray, F. Hannon, R. Jewett, J. Kaufman, Rexbo Development, Inc., Shelburne Road and Swift Street. 3) Final Plat application of Harold Bensen for subdivision of a 3.63 acre parcel containing a planned commercial development consisting of two (2) commercial buildings and 16 residential units into two (2) lots of 1.42 acres (commercial buildings) and 2.21 acres (residential buildings), Patchen Road. The property is bounded by City of South Burlington (Jaycee Park), L. Zachary, The Merchants Bank, Merchant Properties, Inc., M.H. Parsons & Sons Lumber Company, S. Heisse, T. Laidman and M. Jarvis. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission MOTION OF APPROVAL I move the Sr-izth Burlington Planning Commission approve the preliminary plat- application of S. Handy, B. Kelly and C. Jennings for a boundary line adjustment involving two existing parcels of 2.4 acres and 0.85 acres thereby creating two reconfigured parcels of 1.6 acres and 1.45 acres as depicted on a plat entitled, "Plan showing Annex to Handy Property from Kelly & Jennings, Shelburne Road, South Burlington, Vermont", prepared by Warren Robenstein and dated January 1992 with the following stipulations: 1. The sheds and concrete pads shown as "to be removed" shall be removed prior to recording the final plat. 2. The existing paved area which is proposed to be converted to green area in order to comply with coverage requirements shall be so converted prior to recording the final plat, or within�a— recording the final plat. 3. Appropriate legal documents merging the 0.8 acres with the existing Handy Parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records at the same time the plat is recorded. 4. Appropriate legal documents for the 20 foot r.o.w. over the Kelly/Jennings parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. S. Appropriate legal documents for the proposed bike path easement shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 6. The final plat application shall be submitted within 12 months or this approval is null and void. CITY OF SOUTH BURLINGTON Subdivision Application - PRELIMINARY PLAT 1) Name of Applicant 2 ) Name of Subdivision _ #4/A 4 40171010 3) Submit Subdivision Fee �S 4) Describe Subdivision (,i.e. total acreage, number of lots or 5) units, type of land use, gross floor area for commercial or industrial uses) : • 1S AI d . Indicate any changes to name, address, or phone numbers of owner of record, applicant, or contact person since sketch plan application: 6) Name, address, and phone number of: a. Engineer b . Surveyor c. d. Plat Designer <70A).E. 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: 1 8) List names and mailing addresses of owners of record of all contiguous properties: WW C 7 /`7 zZa",.. Rio - r ar< 9) State title, drawing number, date of original plus any revisions, and designer(s) of the preliminary �Uc-map(s)�J accompanying this application: 2.114 XIWAX 7-0 10) COST ESTIMATES for Planned Unit Developments, multi -family and commercial and industrial complexes: a) Buildings b) Landscaping c) All other site improvements (e.g., curb work 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi- family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour P.M. peak hour Average daily traffic % of trucks 12) Attach FIVE copies and ONE reduced copy (11 x 17) of preliminary map showing the following information: a) Proposed subdivision name or identifying title and the name of the City.• b) Name and address of owner of record, subdivider and designer of Preliminary Plat. c) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 2 d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property to be subdi- vided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately main- tained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of proposed finished grades where change of exist- ing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. i) Numerical and graphic scale, date and truce north arrow. j) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sani- tary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culvert which may be required. o) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless on existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. p) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. C 13) Development timetable (including number of phases, and start and completion dates) :�� 14) List the waivers applicant desires from the requirements of these regulations: 15) 1) All existing subdivision, approximate tract lines and acreage of adjacent parcels, together with the names of the records owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or pro- posed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. ___P4r_C_ ��g (Signature) applicant or n act person m City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 1, 1992 Gordon G. Woody;, Architect 104 Church Street Burlington, Vermont. 05401 Re: Handy, Kelly & Jennings, Boundary Line Adjiist.ment Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed please find some Prelinii.n3ry comments on the above referenced application form Fire Chief Jim Goddette and myself. Comments from, City Engineer Bill S-zymanski will be forwarded to you as soon as they are available. Please submit the additional information requested and/or revised plans no later than Tuesday, May 5, 1992. If you have any questions, please give me a call. Sinc •ely, Raymond J. Belair, Zoning and Planning Assistant. Encls RJB/mcp cc: Robert Kelly Charles Jennings Preliminary memo - Planning May 12, 1992 agenda April 28, 1992 Page 3 --- landscaping requirement for this project is $20,500 and the applicant is proposing only $3767 in landscaping. Staff suggests that some of this shortfall be used to install plantings along the proposed bikepath between the fence and the access drives and parking areas. --- proposed motel building will exceed height limitation by five (5) feet. According to Section 18.112(c) of the zoning regulations the side yard setback must be increased by 2.5 feet for a total side setback of 67.5 feet from the southerly side and 17.5 feet from the northerly side. In order- for the Planning Commission to allow the height increase, the three (3) criteria under Section 18.112(b) must be satisfied. --- four (4) handicapped parking spaces required under new ADA Accessibility Guidelines and only three (3) are being provided. --- staff suggests that the one-way access drive along the north side of the motel be narrowed to 15 feet to discourage two- way traffic and to provide additional green space. --- applicant has indicated that the restaurant will have a maximum of 178 seats and the plans indicate 198 seats. --- plan must accurately depict existing landscaping, the plan submitted does not. --- the Planning Commission at their 8/6/91 meeting expressed concern with trucks with refrigeration uniis u.i.ng the rnnt.el yrt-1, r?znning the trucks all night.. The applicant must be prepared to address this issue. HAr?DY__KELLY & JENNINGS - BOUNDARY LINE ADJUSTMENT - - the sheds and concrete pads shown as "to be remuvel" must be removed prior to recording the final plat. -- the existing paved area which is proposed to be converted to green area in order to comply with coverage requirements must be so converted prior to recording the final plat or within 6 months of recording the final plat.. --- appropriate legal documenr.s merging the 0.8 acres with the existing Handy parcel must be submitted to the City Attorney for approval and must be recorded in the South Burlington land records at the same time the plat is recorded. Preliminary Memo - Planning May 12, 1992 agenda April 28, 14Q2 Page 5 --- staff is unclear as to the meaning and intent of Section 1.80 of the Central District Zoning Ordinance, the Planning Commission will be consulted for their interpretation. -- will amy exit facilities be altered? --- will existing gravel areas shown on plan be turned into lawn? If so then this should be indicated on plan. --- sewer allocation required is 225 gpd based on 15 employees. -- building is nonconforming because it doesn't meet front yard setback and the 80 foot building envelope. The parking within 120 feet of the Dorset Street r.o.w. is also nonconforming. --- proposed canopies and compressor pad are not allowed cinder current zonirig . --- the first two (2) parking spaces along the south side of the property must be eliminated, parking is not allowed in front yard. uutb +fiurliugtnit .3Tirc Klcpartincnt 575+Dur3et street guitth "lurtilultuti. Vermont 054113 I TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: TUESDAY MAY 12,1992 AGENDA ITEMS DATE: TUESDAY APRIL 28,1992 1. DR. SLACK GILBERT STREET 2-LOT SUB -DIVISION PLANS WERE REVIEWED BY THE FIRE DEPT AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. 2. BONANZA RESTURANT AND HOTEL PROJECT PLANS HAVE BEEN REVIEWED BY THIS DEPARTMENT AND THE FOLLOWING MUST BE CORRECTED IF WE ARE TO GIVE EMERGENCY FIRE PROTECTION: A. AT LEAST 2700 G.P.M. WATER SUPPLY IS REQUIRED. B. TWO HYDRANTS WILL BE REQUIRED ON THE PROPERTY AT A LOCATION APPROVED BY THIS OFFICE. 3. ANNEX TO HANDY PROPERTY FROM KELLY & JENNINGS SHELBURNE ROAD AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. 4. SO. BURLINGTON CHRYSLER PLYMONTH SHELBURNE ROAD (802) 658-7960 PLANS WERE REVIEWED BY THIS DEPARTMENT AND AT THIS TIME THEIR IS NO WAY THE FIRE DEPARTMENT COULD GIVE EMERGENCY PROTECTION IF NEEDED. THERE IS A WATER PROBLEM AND HYDRANT LOCATION PROBLEM AS WELL AS ACCESS FOR EMERGENCY EQUIPMENT TO BOTH BUILDINGS. AAj Memorandum - Planning March 24, 1992 agenda items March 20, 1992 Page 5 Applicant must contribute $433 to the Williston Road Traffic Impact Fund (Area 2) based on three (3) additional peak hour trips to be generated by this project. Sewer: This property has an existing sewer allocation of 300 gpd (2 bedrooms). This allocation would be adequate for up to 20 employees. Since there will be no employees on the premises, no additional sewer allocation is necessary. 6) HANDY, KELLY & JENNINGS - BOUNDARY LINE ADJUSTMENT This proposal consists of a boundary line adjustment between the Handy property (Bonanza Restaurant) and the Kelly & Jennings property at 45 Swift Street. Kelly & Jennings are adjusting their boundary in order to enlarge the Handy property by .8 acres. The sketch plan was reviewed on September 17, 1991 (minutes enclosed). The 45 Swift Street property is located in the Commercial 1 District and is bounded on the north by Swift Street, on the east by a single-family dwelling and a mini -warehouse, on the south by four (4) single-family residences on Lindenwood Drive and on the west by Bonanza, Pizza Hut Restaurant and a commercial building containing a beauty shop and an interior decorator. The Kelly & Jennings property is presently developed with an office and warehouse building. These uses require a total of 20 parking spaces and 54 spaces are available on this lot. Coverage/setbacks: Building coverage on the remaining Kelly & Jennings lot will be 27.7% (maximum allowed is 30%). Overall coverage will be 70% (maximum allowed is 70%). Existing covered area is being converted to green space to meet coverage require- ments. The main building meets all setback requirements but a detachedS accessory shed which straddles the new boundary line does not. It is shown on the plat as to be removed. This shed must be removed prior to recording of final plat. Access/circulation: A new 20 foot r.o.w. is proposed across the remaining Kelly & Jennings lot to provide access to Swift Street from the annexed property. This r.o.w. is located over an exist- ing access drive. The proposed r.o.w. will not interfere with the traffic circula- tion pattern on the Kelly & Jennings property. The whole 5 ,�oatcr� Memorandum - Planning March 24, 1992 agenda items March 20, 1992 Page 6 issue of access on" c. rcnlation will be farther evaluated at the time o7 site plain review for the motel addition on the Handy property. :ty. Recreation/Bik:epath The plat shows .an easement for ax ( { recreation/bike path across the applicants' property from Savift '� Street to Shelburne Road. The path is located along the � perimeter of the property and should not interfere with any 1 future development. Merger agreement: Legal documents which merge the Haodv property with the .8 acre lands must be submitte d. reviewed, and approved 'by the City Attorney. These legal documents should be recorded ' at the same fime the plat is recorded. 7) GAYNES - OFFICE RELOCATION AND PARKING IMPROVEMENTS This project consists of the relocation of an existing 160o square foot office to the front of the building, expandinq it by 900 square fact and revising parking and circulation. Applicant came before the Planning Commission, in October, 1990 for other parking changes ( minutes enclosed). This property is located at 861 Williston Road and is within the Commercia: 1 District. It is bounded on the south by undeveloped property which is part of the Ouarry Hill Club, on the east by I- 89, on the west by the Chittenden Bank and Spillane's Mobil and on the north by Williston Read. Access/circulation= Access to the property will not be changing. Access is currently being provided by a 65 foot wide signalized curh cut at the west end of the property which has two (2) lanes for ingress and three (3) lanes for egress. Also existing is a. 20 foot curb cut which is located 220 feet east of the main access. This smaller curb cut provides for egress only for thgs_e vehicles proceeding in an easterly direction ji.e., right turn only). The October 1990 plan used temporary jersey barriers to separate traffic in the parking lot while this plan uses permanent islands and planters. Circulation pattern is acceptable. Price Chopper, who is a tenant in the Gaynes building, has submitted a request for a break: in the parking lot island which runs parallel. with Williston; Road Kee enclosed sketch) . This island break would allow Price Chopper customers to exit the Property without having ti travel the length of the parking lot. 6 MOTION OF APPROVAL I movo th�-2 South Burlington Planning Commission approve the preliminary plat application of S. Handy, B. Kelly and C. Jennings for a boundary line adjustment involving two existing parcels of 2.4 acres and 0.85 acres thereby creating two reconfigured parcels of 1.6 acres and 1.45 acres as depicted on a plat entitled, "Plan showing Annex to Handy Property from Kelly & Jennings, Shelburne Road, South Burlington, Vermont", prepared by Warren Robenstein and dated January 1992 with the following stipulations: 1. The sheds and concrete pads shown as "to be removed" shall be removed prior to recording the final plat. 2. The existing paved area which is proposed to be converted to green area in order to comply with coverage requirements shall be so converted prior to recording the final plat, or within a reasonable period following recording the final plat. 3. Appropriate legal documents merging the 0.8 acres with the existing Handy Parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records at the same time the plat is recorded. 4. Appropriate legal documents for the 20 foot r.o.w. over the Kelly/Jennings parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 5. Appropriate legal documents for the proposed bike path easement shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 6. The final plat application shall be submitted within 12 months or this approval is null and void. MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: March 24, 1992 agenda Date: March 4, 1992 HANDY PROPERTIES - SHELBURNE ROAD = SWIFT STREET Plan prepared by land surveyor Warren Robenstien dated January 1992 is acceptable. BENSEN 2 LOT SUBDIVISION - PATCHEN ROAD Plan dated 10/23/91 prepared by A.W. Harris & Associates is acceptable. VILLAGE AT DORSET PARK (BRAND FARM) 1. The sewage pumping station should have some extra planting such as a ceder hedge between it and lot 43. 2. Trees along street "E" are to close to the water main and underdrain pipe. They should be at least 10 feet away. 3. Power and telephone shall be placed outside of the street r.o.w. 4.. plan showing location of street lights shall be submitted. The street lights shall be in place prior to any sale of units and not after. 5. The rear park land shall not be used for disposal of stumps, boulders and excavated material. Any material pushed upon this land shall be promptly removed. 3097 WILLISTON ROAD 1. Property is on City sewer which is located along the rear property line. 2. Plan poorly done. Record plan should include a title block with name, scale, location and date. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 20, 1992 Gordon Woods, Architect 104 Church Street Burlington, Vermont. 05401 Re: Handy, Kelly & Jennings, Boundary Line Adjustment Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and comments from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please be sure someone is present on Tuesday, March 24, 1992 at 7:30 P.M. to represent your request. iri cer y, J e Weith, City Planner Encls JW/mcp cc: Robert Kelly Charles Jennings r A Y 6 218.8 SWIFT STREET j4�J Bay z lee I II �M. Realty Partnership I P M•S tephen3 NO.31SWIFT S7 .� No.s (cxisri^g blJq,) 75wi/fSt, I I � E N 3 a 20.Q f a I i r m p' E IBO I Y I�J Y L ' I _ 2 220.H 220.4 I p.o. 2l 9 ,ml I220.6 22 vfl I C.,/ennn g 2201 Vol. 2s ppyy Dunn St.Amond P.(?,BOX45291BUR(..VT.OS�01 I I durl•P. H•Ltd.Porinership 1 11 I I P. O.BOX41@ Estx Je1.05452 l 1 1 a 1 I �7 "Pizza Hut"NO,7G4Shelburne Rd i voL139 pg,4s4 �. I 99 RECEIV, wi�n— MAR (wpevs.10 �yYd' SO02 -- d-S.5tin t-rtn area 12 1992 9, Shsd Y y cone. drive `O. 9 O .y. b flab ( Pavcd parking drea) 90 �0 ry ry y�3 ?ry �ry�A \ To�b• moved l^, {i Tt �1 / S, I M• Handy 0-85 ac. // y City oI So. Burlington vo I. 219 Pq 247 / 2� `y' 219. / ( parking) / fi NOTES: (parking) - Kellyf Jennings tale. pole I I•SurVag based on city land records, existing porn►s - --- -- -- / I Shed (M.Hand rat s ' 2 and/tL t�rui sA y�.nauto �ox'locatkon�taken from other S. / I ( ry K3 0 0 4 i U4 Irg 0 a�0•@Oat.y 20.0J Plans. `fur��v w I ti I/ pp `/ N ` / 2 i `7N WnN�REN Gyi� l 215.2 \ illf V " \ err pENVT1EN * _I m I N9722 1-ROJANZA RESTVARANT te 7nc 1I1_ 220 0 exiSI bld9•r II ii%itY(i1gV4-� - 02,21 l 3 c 50 9„ Leo�end 4 r MarAl a Mon.. Pistmg) • y let -_ �J � M a Existing Iron Pin -- - _-8' PLAN SHOWING ANNEX el HANDY FROM O .Iron Pin Sot �� 220.1 K ELLY 1J ENNINGS Shelburne Rd. So• Burl• Vt. p '- -.- a IS.P9Q... " 92,72 . -._.. r'--�ike Path EasementL_ i* d Yuu"s WAR� 20$d to .� - - -- mon.0 i.p. •,c ..,.. Rexbo Dev. Inc. NO.794 ,,// Kaufinen w�fL Owner( Developer: SalaminIMountcihdHandy vol. q .lei-tl.indenwood Dr. 4Li^^wood pr, F. Hermon C. Murray R.Ruc EnLe Blanc 75 So.WinooSki Ave 8ur1•Vt. O'i401 2g �i aLi nd enwood Dr. 8 Lmdenwood 0, ioLmdenwood ba rz Lindenwood Dr. ...i... YYY.. P.0.8OX 7GVGreentulJ MasS.01302 - - - ..,,.............. .... ....e....n.�.....esrar..... S, TO: FROM: RE: DATE: 1. 0 3. 4. i cvutb +Burlington Rite +7) epnrtment 575 D orset street *oittb +Atcrlitigton, litertnont 95403 (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY MARCH 24,1992 AGENDA ITEMS WEDNESDAY MARCH 4,1992 3097 WILLISTON ROAD PLANS WERE REVIEWED BY THIS DEPARTMENT ON THE EXISTING DWELLING AND PROPOSED TOWER TO BE INSTALLED AT 3097 WILLISTON ROAD AND AT THIS TIME I DO NOT SEE A PEOBLEM FOR EMERGENCY PROTECTION. 1-EXECTUTIVE DRIVE HAL BENSON PROPERTY PATCHEN ROAD REVIEWED THE PLANS ON THE SUB -DIVISION ON THIS PROPERTY AND AT THIS TIME I DO NOT SEE A PROBLEM FOR OUR DEPARTMENT. GAYNES SHOPPERS WORLD WILLISTON ROAD PLANS WERE REVIEWED ON THE PARKING AND FLOW PATTERN AND THE FOLLOWING SHOULD BE CORRECTED FOR EMERGENCY PROTECTION: A. FIRE LANE LEFT OPEN TO THE FRONT ENTRANCE OF GAYNES AND PRICE SHOPPER THIS WILL TAKE AT LEAST 5-PARKING SPACES AWAY. B. PARKING AT END OF PRICE SHOPPERS NEAR GAS STATION WHICH IS ON BOTH SIDE OF ROAD WAY , ONE SIDE SHOULD BE OMITTED TO ALLOW PROPER ROAD WIDTH FOR EMERGENCY EQUIPMENT ACCESS. 3. DUE TO SIZE OF BUILDING AND TYPE OF CONSTRUCTION ONE HYDRANT SHOULD BE INSTALLED IN BACK PARKING LOT BY INTERSTATE AT A LOCATION APPROVED BY THIS DEPARTMENT. BONANZA RESTURANT SHELBURNE ROAD HANDY PROPERTY BOUNDRY LINE ADJUSTMENT PLANS REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM BUT I DO HAVE A CONCERN THAT WHEN THY WANT TO ADD TO THE SIZE OF THE BUILDING THAT THERE MUST BE A SECOND ACCESS TO THE PROPERTY FROM SWIFT STREET. THIS SHOULD SHOW ON THE PLAN SO NOT TO HAVE PROBLEMS AT A LATER DATE. fee 11. G"q.-r".... .. -13 Part -Time Worts 17 Sports Equipment 26 IV, VKJG0, STelem 27 Lawn &Garden 4U KOcxltb dui rcola 41 Roommates -- ---.. 51 &Okeff 63 put of -State nents 14 BuSlnGSS C)pportuNNes 18 Guns. Ammo 19 Tools Merchandise Wanted 52 City Homes 53 Suburban Homes Property 64 CamPs it 75.. V 7 II id 1S Work Wanted 20 Susiness Equipment for Sale 29 Pets & Supplies 42 Unpunished Apt$. 43 Rinished Apts. 54 Country Homes Campsites 77N 21 Building Materials . 22 Household 30 Fuel & Stoves 44 Houses for Rent 55 Lakeshore Property 65 Lots &Acreage 66 Real Estate 70 C ' Appliances & Goods 31 Wanted to BUY 45 Condo Rentals 56 Farms Wanted ent 23 Colectorserchand Items 33 Auctions 34 Photography 46 Vlacation Rentals 47 Business Rentals rclail 67 Comle ` J4 Merchandise 36 Garage Sales 48 Oth6r.Rentals Homes 64 Mobile Homes Mces FOLIRM 658-3321 Z38 FARM ANIMALS �• 2 HOLSTEIN HER NGS one a tree -stall her Nrxe cows. And tie -stall with 50 cows. Both i Isnt quality and 1 Stored reasonably. 848- dislet, 848-7677 78 01`' HORSES UST straw, 1-988- Pelletier ray, VT 241 TE RDs several herds. ons. GW 1 BEING: e, sub - xis con- 120' tad, . Ste pipe pals and S. LOVELY BAY MOROA GELDING 3 yrs. old. Pri fesalonaily trained to rk & drive. 8779-8808. MORGAN GELDING S >hm old. Must N' AshMq i7d10. CaE S7 2S7-7K73 aftK T pm. e • • PUT THE ACCENT ON YOUR SEEVKE STAR m s and ob >oncY of Montpe- beseen E. Wood, ),ortation Col- MIN - rates cthe for the Ad in the fficatkdns als, and a pert of anng the once with is Feder - Act of ntract Is xk Hours - 87-681, g regula- os must xis under >'19e'otherN� en x laws. and truck predetar- nts Trans - and are 4 Propo- Cohmvr LEGAL NOTICES I the construction of the pro�e� hereinafter do - The time of re - Calving and opening bids maybe postpone due to emergencies wunfore- ttions. LOCHHES-S 002 COW*st r In the town of Colchester on TH 9, pegInMng approxi matey 0.085 mile westar- y of the intersection with US 7 and extending east- ary 0.082 mile. CONSTRUCTION BE- IM Grading, drainage, subbase with bituminous toners" pavement and traffic control signal. LEGAL NOTICES, 1 oonn this project must bl. Contractorli e in accordance withAgency Regulations. The Vermont Agency of Transportation hereby no- tifies an bidders that k will afnrmattvey Insure that in any contract entered into pursuant to this advernse- ment, minority ness snterpris" win be i af- forded fun opportunity to submit bids in response to this invitation and win not be discriminated against on I grounds o, race. color, lore, sex, or national orig ion con- sideration for an award. The right is reserved to reject any or an bids, to waive any formality and any and an techn"Iti s in bide and to accept such bid as may be deemed in the best interest of the awarding y Montpelier. Vermont" February 29, March 7, 1992 AGENCY OF TRANSPORTATION, gtVITATION FOR Sealed bids, on forms fur- nished by the State, be received until 11: a.m. prevaillnq time Friday, April 3, 1992, 133 State Street, R 336, Montpener, VT Con**Ad Next Cotwm Plans and Bid Proposals may be seen and ob- tained at the Agency of Transportation, Montpe- lier, V7 and mayy be seen at the office of J.E. Wood, District Transportation Administrator #5,` Col- chester, Vermont. Mini- mum e wage rates Secxeta y on Laborfor the project are set out In the advertised specifications and bid proposals, and such rates are a Part of the Contract covenng the project in accordance with Section 115 of the Feder- al-Ald Highway Act of 1956. This Contract Is subject to the Work Hours Act of 1962, PL 87-81, and implementing regula- tions. Contractors must Worm this work urKW the Fair Labor Standards Act Federal Wage -Hour Law) as well as ell other kable labor laws. Inimum labor and truck rates have been predeter- mined by the State Trans- portation Board and are set out in the Bid Propo- sal. Contractors bidding on this project must be qualified in accordance with Agency Regulations. The Vermont Agency of Transportation Board hereby notifies an bidders that it win affirmatively In- sure that in any contract entered Into pursuant to finis advertisement. m nority business enter- prhm will be afforded fun opportunity to submit bids In response to this invita- tion and win not be dis- criminated against on the Clgi of race, color, kx►sex or national n in consideration for win an award. The right is 00 reserved to ro}ect any or on an bids, to waive any for - at mality and any and an Dorn technicalities in bids and for to.accept such bid as may Ca *tuod Next CoMnm EGAL NOTICES 1 I b deemed inthe best 16- erest of the awarding Vency dontpeller, Vermont March 7, 14, 1992 INVITATION TO BID THE DEPARTMENT OF PUBLIC WORKS CITY OF BURLINGTON Makers of the Recycling Equipment are Invited to bid on the folknMn9 Equipment 2 - 6 yard Rear Loader Self Con- tained Compactor/Con- talner, 8 - 20 Cu. Ft bulk pallet container, 18 _ 90 1/2 yard tilt h11gCks, 71 gallon gallon rolling cartss,1 - 44 gallon round barrel, 12 40 gallon rolling carts, 189 - 32 gallon roiling carts, 20 - 20 gallon con- tainers, 574 - 14 gallon containers, 20 39 ga1� containers, 104 - 11 Ion containers, 18 - 23 gallon containers, 175-28 qL containers, 29 -free standing racks holding 14 gallon fabric begs: 85 - 14 gallon be for above racks, 2 - 30 geDon steel corrtaknere, 7 dip on wast- ebasket caddied, 6 waste- baskets with caddies, 2 - 60 gallon plastic con- tainers with fabric bags Inserts. Sealed bids win be re- ceived by the Department of Public Works until 4 PM March 13, 1992 and win be taken under advis- ment Bonarids Bidders may ob- tain documents at Burling- ton Public Works, 33 Kilburn Street. Burlington. VT 05401 upon request March 4, 5, 6 & 7, 1992 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION ,EGAL NQTICES 1 swift Street. The devel- opment Is bounded I- 89, City of South Burl ng- ton, Swift Street, Calkins and Hill. tion s Har day, s Kelly and C. Jennings for a boundary line adjustment involving two parcels of 2.4 acres and 0.85 acres thereby creating two new parcels of 1.6 acres and 1.45 acres, 45 Swift Street and 792 Shelburne Road. , The parcels are bounded by Burlington P.H. Ltd. Partnership, V/M Realty Partnership, M. Stephens, Dunn and St. Amend; E. LeBlanc, R. Rues, C. Murray F. Han- non, R. Jewett, J. Kauf- m a n, R e x b o Development, Inc., Shel- burne Road and Swift Street. p�lazxdngS CommisssiOn Will hod a public hearing at the South Burlington City Han, Conference Room. 575 Dorset Street, South Burlington, Vermont on Tuesday, March 24, 1992, At 7:30 P.M. to consider the following: 1) Revised Final Plat sp- pncation of A&G invest- ments for 177 unit planned residential devel- consisting of 63 s family units and 11 multi family units known' as Sne Village at Dorset Park located off Con*r+ed Next Cokrm 3) Final Plat application of Harold Benson for subdi- vision of a 3.63 acre par- cel containing a planned commercial development consistIng of two (2) — morcial buildings and 18 residential units Into two (2) lots of 1.42 acres (commercial buildings) and 2.21 acres (residential buildings), Patchen Road. The pprroperty Is bounded by C ti y of South Burling- ton (Jaycee Park), L Zac- hary, The Merchants Bank, Merchant Prop- erties, Inc., M.H. Parsons & Sons Lumber Company, S. Heisse, T. Laidman and M. Jarvis. Copies of the applications are available for public inspsectlon at the South Burlington City Hall. William Burgess Chairman South Burlington Planrtklg .Cornrnisabn March 7, 1997 VERMONT EDUCATIONAL AND HEALTH BUILDINGS FINANCING AGENCY Notice of Public Hearing Vermont Educational and Health Buildings Fl- nancing Agency, Montpe- lier, Vermont (the `Agencyl a body cor- porate and politic consti- tuting a public Instrumentality of the State of Vermont, Intends to issue fts Vermont Edu- cational and Health Build- Ings Financing Agerncy Tender Revenue Bonds (ML Ascutney Hospital Cieel areol Next COMM % IRV_ ?a I ADVERT18M0 RATES 15 Days n."Iday 30 Days $&"Jday' 90 Days , v sa/day 12 MonOW •4 sM�Y •above prices besed on 4 line rrrkdrnkxn. Olher headings available. Mot run rm— of days pur&ased. r.C. HAZEN 882-4194 Custom homes, additions, garages, kitchens, bathe, carpentry, decks, siding. R- Roche Construction Building & remodeling sneclalist Free estimates. COMPUTERS 170 COMPUTER Consult" t Support For schools & businesses. Special izing in multi -media & networks. 657.0060 EXCAVATING 17; LADENSACK A SONS Site work, septic -mound let Clearing. 434-1t)rL FIREWOOD ISO A-1 SPLITWOOD $90 per cord. Prompt de- livery on 45 cord load$ nof Inc.1-644-2778 LEGAL NOTICES 1 I and Health Center Pro- �ect) 1992 Series A (the Bonds") in an amount not to exceed $2.200,000 to make a ban to Windsor Hospital Corporation d/b/a Mt. Ascutney Hospl- tW and Health Center -Hospital") for purposes of (q constricting and equip- ping s 30-bed nursing home addition to the Hos- pital's existing 32-bed fa- cility, (III upgrading the Hospital's heating, venti- lating and cooling system and purchasing certain ra- diology equipment. (ill) re- f fi n a n c i n g t h e approximately $500,000 outstanding principal amount of taxable Indebt- adness of the Hospital which was incurred to fi- nance certain capital ex- Mnditures of the epital, and Qv) paying certain costs of Ilssuance of the Bonds. All of the facilities to be refinanced or financed with the Pro - coeds of the Bonds will be owned and operated by the Hospital and are or will be located at Its cam- pus on Country Road In Windsor, Vermont. Please Take Notice that the Agency will hold a public hearing at 12:00 noon on March 31, 1992 at its office at 2 Spring Street, Montpelier, Ver- mont 05602, at which time any person may be heard regarding the facilities be- ing refinanced or financed and the proposed Bonds. Contk%" Next Cokam SM --o ! n1AW MnM A r' CLASWM AD, cAu e50-U21 8 LEGAL NOTICES 1 L Documents regarding the tt proposed Bonds and oth- N er public records regard- 8 ins the facilities being It refinanced or financed are 0 In the possession of the T Agency and may be ex- amined during -regular ti business hours at the h above referenced offce of 1 the Agency. Any who de cides to aprpea� erns deli- s skit made by,ew Agency t with resany matter considered of its hearing I will need a record of the I proceedings. Such person may need to ensure that a I verbatim record of the i proceedings Is made, W eluding the testimony and evidence upon which the appe al Is to be based; ORLAND F. SMITH, JR., SECRETARY Mardi d: 1942 ' TOWN OF WILLISTON REQUEST FOR PROPOSAL ANNUAL AUDR SERVICES The Town of Winston Is hereby requesting propo- salsrom qualified firms of certified public accourr tents to audit the Town's financial statements for the fiscal year ending June 30, 199of 2, with the Town option '9 financialVie statements for the 2 sub- sequent fiscal years. Copies of the fun Request for Proposal can be ob- Contlrwed Nest Cokwm City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 March 6, 1992 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Handy, Kelly & Jennings, Boundary Line Adjustment Dear Mr. Woods: 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 submit revised plans no later than Friday, March 13, 1992. If you have any questions, please let me know. Sinc ely, Raymond J. Belair, Zoning and Planning Assistant Encls RJB/mcp cc: Robert Kelly Charles Jennings M E M O R A N D U M To: Project Files From: Raymond J. Belair, Zoning and Planning Assistant Re: Preliminary Comments, March 24, 1992 agenda items Date: March 4, 1992 --- existing shed which straddles proposed boundary line must be removed prior to recording of final plat. --- legal documents which merge the Handy property with the .8 acre lands must be submitted and reviewed by City Attorney prior to recording. --- if the enlarged Handy property is to have access to Swift Street, then a r.o.w. of at least 20 feet in width must be shown across the Kelly & Jennings lot. --- Planning Commission can not approve creating a new lot which does not meet coverage requirements. Certain improvements must be made to the retained Kelly & Jennings parcel and shown on the preliminary plat. --- a note should be added to the plat noting that the current boundary line between the Handy and Kelly & Jennings proper- ties is to be dissolved. A&G INVESTMENTS - VILLAGE AT DORSET PARK AMENDMENT Additional information to be shown on plans: --- survey information on the seven (7) lots, i.e. distances, bearings and acreage. --- typical foundation plantings for the 2 unit buildings. _ --- current street names on sheet #1. Additional information which must be submitted: --- per unit construction cost of multi -family units so staff can determine adequacy of landscaping. --- coverage percentages. --- total number of bedrooms in the multi -family units. Other: --- plan should note total number of single-family homes and multi -family units in project. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: March 24, 1992 agenda Date: March 4, 1992 HANDY PROPERTIES - SHELBURNE ROAD = SWIFT STREET Plan prepared by land surveyor Warren Robenstien dated January 1992 is acceptable. ENSEN 2 LOT SUBDIVISION - PATCHEN ROAD Plan dated 10/23/91 prepared by A.W. Harris & Associates is acceptable. VILLAGE AT DORSET PARK BRAND F—�L 1. The sewage pumping station should have some extra planting such as a ceder hedge between it and lot 43. 2. Trees along street "E" are to close to the water main and underdrain pipe. They should be at least 10 feet away. 3. Power and telephone shall be placed outside of the street r.o.w. 4. A —pan -showing location of street lights shall be submitted. The street lights shall be in place prior to any sale of units and not after. 5. The rear park land shall not be used for disposal of stumps, boulders and excavated material. Any material pushed upon this land shall be promptly removed. 3097 WILLISTON ROAD 1. Property is on City sewer which is located along the rear property line. 2. Plan poorly done. Record plan should include a title block with name, scale, location and date. TO: FROM: RE: DATE: 1. No 3. *uu#b +�uriing#nn _Tftre 'Department i7 i '3tir,jct �trcct �-!,vtttb Nurlittgtim, Ilertuont 11540 (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY MARCH 24,1992 AGENDA ITEMS WEDNESDAY MARCH 4,1992 3097 WILLISTON ROAD PLANS WERE REVIEWED BY THIS DEPARTMENT ON THE EXISTING DWELLING AND PROPOSED TOWER TO BE INSTALLED AT 3097 WILLISTON ROAD AND AT THIS TIME I DO NOT SEE A PEOBLEM FOR EMERGENCY PROTECTION. 1-EXECTUTIVE DRIVE HAL BENSON PROPERTY PATCHEN ROAD REVIEWED THE PLANS ON THE SUB -DIVISION ON THIS PROPERTY AND AT THIS TIME I DO NOT SEE A PROBLEM FOR OUR DEPARTMENT. GAYNES SHOPPERS WORLD WILLISTON ROAD PLANS WERE REVIEWED ON THE PARKING AND FLOW PATTERN AND THE FOLLOWING SHOULD--BE-CORRECTED- FOR -EMERGENCY _PROTECTIONt_______. A. FIRE LANE LEFT OPEN TO THE FRONT ENTRANCE OF GAYNES AND PRICE SHOPPER THIS WILL TAKE AT LEAST 5-PARKING SPACES AWAY. B. PARKING AT END OF PRICE SHOPPERS NEAR GAS STATION WHICH IS ON BOTH SIDE OF ROAD WAY , ONE SIDE SHOULD BE OMITTED TO ALLOW PROPER ROAD WIDTH FOR EMERGENCY EQUIPMENT ACCESS. 3. DUE TO SIZE OF BUILDING AND TYPE OF CONSTRUCTION ONE HYDRANT SHOULD BE INSTALLED IN BACK PARKING LOT BY INTERSTATE AT A LOCATION APPROVED BY THIS DEPARTMENT. 4. BONANZA RESTURANT HANDY PROPERTY SHELBURNE ROAD BOUNDRY LINE ADJUSTMENT PLANS REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM BUT I DO HAVE A CONCERN THAT WHEN THY WANT TO ADD TO THE SIZE OF THE BUILDING THAT THERE MUST BE A SECOND ACCESS TO THE PROPERTY FROM SWIFT STREET. THIS SHOULD SHOW ON THE PLAN SO NOT TO HAVE PROBLEMS AT A LATER DATE. w W bAC- SWIFT STREET ?$ cAw 5 V M. Red l Type rtnershlp _NO-315WIF75Z_ 1 I (—Sting bldg.) �20.0 j � I { I i 220.e 226 I j220.5 � I 1 I 220.5 R. Ks lly 1 C.Je nn,ngs 1.6 ac. h 2, \20 ro1.2s4pyygD �uBOX4529BURL.VT. OS4Q1_ Burl. P. M. Ltd•Partnership \ 'Pizza Hut'N0.7G4 Shclbunx RJ. �� v o 1• q9 p9.451. I I \ \ 9�Je IZp� __22L1 99 4 �M1 ti. of 9.7 ` ((apa„k-91- b Pro se Jar Linc AdJust menf--+ 938. i Snc.J i • e coot. slab j � (paved parbinq Areal drive bab`t.` � I / ry� •l ry�5� qry 1' 14) r i S2Y ; I / S. f M. Manly 0.85 ac. vo 1. 219 Pq 247 _ _ ry I � rli P arkin I / (parking)1 Kelly(JrnnrngSToIl ' t ShcJ S.4M.MenJy Ii i3�� coneOBQac.220ous 13 �f la, 1 I a ti 215.2 \ / = / m 1 I NQ792 -BOKANZ/�Fl_FSTUARANTL '� 1 1 u0'0� iJu x i�l i exist. bldg.) iLry 2��22 I � .3 y p1Ja ( I i I I �n!f Iµ I d 601ry / I ♦ I b 4 e J ® O ry LCyend r V h .c Marblr Mon.(rxistl ng) E+^sting I Pm t • b 92.72 0 22..-• _ (Bike Path Easement)- =on n - n _ _ _ _ 1 }O 01 I I I I I Bay M-S trphans Mo. s-I Swift St. -- -Du nn. S St. Amon) P.O.BOx41B Ecsx Jet.0544S2 VT. RECEIVED Frea -: 1992 City of So. Burlington NOTES: 1.5_ucrmy based on city land records, existing points mndJS truelcorrect 20 the best of my kno.dedge. - ll to litu lines shoesn dxrox_location/taken from other plans. ^,-OFVFp, i.! wLwREM� r^xr� Skik tR�FHI^ cCALE _ I 10R•4 foCpaD. moo.under i.p_ Rexbo De, Inc. N0.794 Ol. 289 .I41 _ P.OBOX 7b06rcc nficlJ Nes5.01302 E_Le Blanc !z Lindcnwood Dr. _ it i 4 III L O C A T 10 N M A P No SCALID � ' 91 \\ VL'e0 A11CA LAM HL'¢j (102) DOX SOIL N%0.15T014 , VEKAIONT 064-15 PIZZA HUT 6URL11l C,70N PN LTD. \ PAeT-maswIP, I" SNbLDUQNI► [o1kD5S0.5U1ILL.VT- 3cN A�IZA 2CSi AU Rt�tiT _ gsls TIN4 \ eexAo DItV LLlO PMIiNT INC. \ 74A 6NliLlXJRMfi 20 AD. SO. BU 2LlA14TOW 1 Vl":RHO,.IT N A1L1N4 ADDLUSS BO% '(LD QC\MYfIL'l01 HASS. 01101 T IC t L' T uoTa3:. _ .-------- _..-_. ..._._._-----.----- ?LL I]IMa1J'.SIOL17 TO as vrlhprq . AT THE 91TI: 04 TNt 4oIJTICO4T0`Ic, 44V Erlrals � POIUTS 14 gUL-VI-ti MyST hl• IraFalrlran T- Tlua ----�— —=�-01UWITrcj poR 0 nr4191uu FlaF IZL- PICoGtt'01w4. WITH Tilt iii-R1A,. MARK P. STOW NS II 5T SWIFT ST., SO. BU¢LINC. TON, VT. O LXISTI N/I 7VILq 11J/I (O FFI4.141,. AMil yVjgQe�lUUSE-> y n S W N I' ZO SL..T C. KULL`I } CUA¢LL;s E JENw,Ng3 �� ijoX 4521 So. Vau 12L „J 4To.� V I:R.MONT J ll.. 4L5L•¢T ST. AHAND 65 0-0-4 a.o.IA,/YIN4TOM,Yr. / f 7D REC;:PVED -TTJ I I i VAIiT1NC WATZIKINC AUG2 8 1991 LOT City of So. Burlington / 1,oTS - -- -- --- Loi-A' tvISTING "T �c.9RDIdISIoN P¢.aP LING _-_- A"IFM-5050IVI'McH. (�JfiT1NING�-IMLLaI LOT) L_ g° NEW 3Ui5DIU10E0 ( Nrw 10 , WHEN Sum-wvl"o SMEL.2'SO-X.-1>40 . %6,0e0'31►, \ -EXIS7It1i ONNE@i: kELL-(#IJewulm4s J LO T- A P.,' 2so' 1 Fm0De1CK L. } KATMRYNI6 Z� CMACL16S M.0 5H12L6Y P. MUQ2A4 \ e.00ANNA L. F NACVUq P. cU11L NANNON J /1 LOT TO 40 WITH CkMTIH6 5ONAUZk Ur- LOT•C LOT-C CkISTMAC WPAA04ZA s 5 1 T E P L A N I IFS SUBDIVISION APPLICATION SCALka : I'- YD 60 80 _0 20 A0 Mhstn 8-26-41 11rdlSEn6-1�-41 P, ftmT a-IL41 �aPt. i9yo .uu 1 IAILH = Z,� Frt'T ion NO. qv2, S pR 5U3DIVI S Io „::R t,F ,. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 January 6, 1992 Robert Kelly Charles Jennings P.O. Box 4259 Burlington, Vermont 05401 Re: 2 Lot Subdivision, 45 Swift Street Dear Mr. Kelly: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the September 17, 1991 Planning Commission meeting minutes. Please note that you must submit your prelimi- nary plat application within six (6) months from the date of sketch plan review. If you have any que-,tions, please let me know. cere , J ,e Weit.h, ity Planner 1 Encl JW/mcp cc:: Gordon Woods City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 5, 1991 Robert Kelly Charles Jennings P.O. Box 4529 Burlington, Vermont 05401 Re: 2 Lot Subdivision, 45 Swift Street Dear Messrs Kelly & Jennings: 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. If you have any questions, please give me a call. cer•ely, /.Joe Weith, City Planner Encls JW/mcp cc: Gordon Woods _ � n sw; "/-I s � Z,)-t J- ` A i Jv L- EL -ry Cci -Pvc _ `e Au'l City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 13, 1991 Mr. Robert Kelly Mr. Charles Jennings P.O. Box 4529 Burlington, VT 05401 Re: 2 Lot Subdivision, 45 Swift Street Dear Messrs. Kelly and Jennings: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and comments from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please be sure someone is present on Tuesday, September 17, 1991 at 7:30 PM to represent your request. i cerely, e Weith ity Planner JW/peh cc: Gordon Woods MEMORANDUM TO: South Burlington Planning Commission FROM: William J. Szymanski, City Engineer DATE: September 12, 1991 RE: September 17, 1991 Agenda Items BONANZA RESTAURANT, SHELBURNE ROAD It would be beneficial to both businesses if traffic had access to Shelburne Road and Swift Street. NOWLAND PROPERTY II, SPEAR STREET Plan titled Nowland Property II, dated March 1991 prepared by Fitzpatrick -Llewellyn is acceptable. DAYCARE CENTER, 2004 WILLISTON ROAD Plan prepared by Katherine Blair dated August 27, 1991 is acceptable. TO: FROM: RE: DATE: 1. -'�5untb +,Nurlinutnn Nire Department i75 Jimict street �nttth +6tirlingtun. liermont 115,1113 a (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY SEPTEMBER 17,1991 AGENDA ITEMS TUESDAY SEPTEMBER 3,1991 BONANZA RESTAURANT NEW LOT SUB -DIVISION PLANS WERE REVIEWED BY THIS DEPARTMENT ON THE BONANZA NEW LOT SUB -DIVISION AND AT THIS TIME I DO NOT SEE A PROBLEM. PLANS SHOULD BE REVIEWED WHEN THE LOT IS READY TO BE BUILT ON TO MAKE SURE THERE IS PROPER ACCESS FOR EMERGENCY EQUIPMENT. 2. NOWLAND PROPERTY SUB -DIVISION AT THIS TIME I DO NOT SEE A PROBLEM WITH THE SUB -DIVISION. PLANS WILL HAVE TO BE REVIEWED TO MAKE SURE PROPER UTILITIES AND ACCESS ARE DESIGNED INTO THE PLAN BEFORE CONSTRUCTION ON THE PROPERTY. Traffic: This property is in Traffic Overlay District 5 which would allow this lot to generate 12 peak hour trip ends. According to the I.T.E. manual, a day care center of this size would generate 16 peak hour trip ends. Even though this use will exceed the traffic limitation by 4 trips, staff feels that this is negligible since it is such a small traffic generator. Sewer: This use would generate 345 g.p.d. of sewer usage. The existing house has a 450 g.p.d. allocation, so no additional sewer allocation will be needed. Landscaping: No improvements are proposed to the building; therefore, there are no landscaping requirements. Other: There is an existing gate in the north easterly corner of the property which leads to the adjoining property to the north. This gate should not be used for access during hours of operation of the day care. The proposed playground is on the adjoining property to the north. The applicant may want to make sure through a legal agreement that use of the land for a playground will be maintained for as long as the day care exists. 6) JENNINGS & KELLY 2 LOT SUBDIVISION - 45 SWIFT STREET SKETCH PLAN This project involves the subdivision of a 2.4 acre lot into a 1.6 acre lot (Lot A) and a 0:8 acre lot (lot B). Lot B, which does not have any frontage, would be merged with the abutting Bonanza Restaurant lot. Bonanza would then propose to construct a motel on their enlarged lot. This property is located at 45 Swift in the Commercial 1 District and is bounded on the north by Swift Street, on the east by a single family dwelling and a mini -warehouse, on the south by four (4) single family residences on Lindenwood Drive, and on the west by Bonanza Restaurant, Pizza Hut Restaurant and a commercial building containing a beauty shop and an interior decorator. This application will be reviewed as a major subdivision because it involves commercial property. Lot A is presently developed with an office and warehouse building. These uses require a total of 20 parking spaces and 49 spaces are being provided. All coverage and setback requirements will be met. Topographically, this property is totally flat and is approximately 3'-4' higher in elevation than the rear of the Bonanza property. This property also has two (2) detached storage sheds along the westerly property line which should be shown on the preliminary plat. Access: The sketch plan shows that Lot B will be connected with the two (2) existing drives serving Lot A which would provide access to Swift Street. If either one or both of these drives are to provide ingress and egress to Lot B, a right-of-way of at least 20' in width must be shown on the preliminary plat. Staff recommends that the Bonanza Property (including Lot B) be allowed to access Swift Street over Lot A. Coverage: It appears that the applicant is proposing to convert some existing paved or gravel area on Lot A to green space in order to meet coverage requirements. These areas should be identified on the plat. Recreation Path: When Mr. Handy came to the Commission last month to discuss this proposal, the plan showed a 15' wide recreation path easement to be dedicated to the City. This should be shown on the preliminary plat. Other: If this proposal is contingent upon the owner of Bonanza to get approval for a motel addition, the applicant may want to start discussions with the Planning Commission on the motel addition issue prior to or at the same time the preliminary plat for the subdivision is submitted. The Preliminary Plat shall indicate that this is a boundary line adjustment and shall clearly identify the existing boundary to be dissolved and the new boundary being created. 9l � •te � o �'gg (-2"1 < � c - VS4 7�L� - v xo�(�,q =S�eA, ose .% ,-lz/ � -.Lo% �,ol'lSs ��A - � -0 X �6 Q 2� b Wl r CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record 2) b. Applicant k �LLt-r--�,�jyu/ A c, c . Contact 0, b t) I Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 3) Applicant's legal interest in the property (fee simple, option, etc. C(L&IC-L L c , ' 4) Names of owners of record of all contiguous properties 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. M�IcC 1 0 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. A) 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: /J 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Signat ) applicant c& contact person Date 2 M E M O R A N D U M To: Project Files From: Joe Weith, City Planner Re: Preliminary Comments - September 17, 1991 agenda Date: September 3, 1991 JENNINGS & KELLY 2 LOT SUBDIVISION = SWIFT STREET = SKETCH PLAN --- lot "B" does not meet the minimum lot size for a lot in the C1 zone, therefore this lot will be required to be merged with the Bonanza lot. The plan should be revised to indicate that lot B will be merged with the Bonanza lot as part of this applica- tion. --- the existing development on lot "A" must meet all area, dimension.and coverage requirements ,in addition to providing the number of parking spaces required for the existing uses. --- this subdivision must be reviewed as a major subdivision which is a 3-step process including two (2) advertised public hearings. L&M PARTNERSHIP/MARIE UNDERWOOD - 2 LOT SUBDIVISION --- the legal documents required at preliminary plat have been submitted and are in the process of being reviewed by the City Attorney. --- Final Plat must show signature and certification of licensed land surveyor. TO: FROM: RE: DATE: 1. �n�tt'1 '1�ttrll»rttnrr �f�irr� ��at��rttttrttt 17=i ---trcct Knuth +l�urlirrrtt��rT 1�1r�rtlu�ttt li i�tll�� �� J (802) 658 7960 SO. BURLINGTON PLANNING COMMISSION TUESDAY SEPTEMBER 17,1991 AGENDA ITEMS TUESDAY SEPTEMBER 3,1991 BONANZA RESTAURANT NEW LOT SUB -DIVISION PLANS WERE REVIEWED BY THIS DEPARTMENT ON THE BONANZA NEW LOT SUB -DIVISION AND AT THIS TIME I DO NOT SEE A PROBLEM. PLANS SHOULD BE REVIEWED WHEN THE LOT IS READY TO BE BUILT ON TO MAKE SURE THERE IS PROPER ACCESS FOR EMERGENCY EQUIPMENT. 2. NOWLAND PROPERTY SUB -DIVISION AT THIS TIME I DO NOT SEE A PROBLEM WITH THE SUB -DIVISION. PLANS WILL HAVE TO BE REVIEWED TO MAKE SURE PROPER UTILITIES AND ACCESS ARE DESIGNED INTO THE PLAN BEFORE CONSTRUCTION ON THE PROPERTY.