Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
VR-93-0000 - Supplemental - 0792 Shelburne Road
BURRK,ANDERSON �L MELLONIPLC Counsellors at Law Mr. Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 city of so, January 26, 2016 Re: Shelburne Road Gas Station/Grocery Store Dear Mr. Belair: Gateway Square • 30 Main Street Post Office Box 787 Burlington, Vermont 05402-0787 Phone: 802 862.0500 Fax: 802 862-8176 wwwvtlawl.com In preparation for our meeting on Thursday, February 4, at 10:00 a.m., this letter responds to two concerns I understand you have raised. Parking in front of grocery store building — City of South Burlington Land Development Regulations ("LDR"), § 14.06(B) provides that parking shall not be located between a public street and one or more buildings unless "the lot has unique site conditions ... that allow for parking but not a building to be located adjacent to a public street." The subject lot is unique in that it slopes down from the street. If the grocery store building is located adjacent to the street, and the parking is iocated to its side or at the rear, customers wiii have to access the building in the rear from one story below the main floor or from the sides by walking up an incline to the main floor. Parking can be located on the main store level only by moving the building back and leveling the front yard for parking. 2. Relocation of structures serving non -conforming gas station use — LDR, § 3.11(B) provides that the non -conforming use of any land may be continued. Thus, the entire lot may continue to be used for a gas station. That section further provides that non -conforming uses of structures may be continued "provided that such structure shall not be enlarged or extended unless the use therein is changed to a conforming use." The landowner does not propose to enlarge or extend the structures used for the non -conforming use. Rather, the area of the lot devoted to such structures will be reduced. LDR, § 311(C) provides that a "non -conforming (00146884.1) Mr. Raymond Belair Administrative Officer City of South Burlington January 26, 2016 Page 2 BURAK ANDERSON , MELLONI: structure used by a non -conforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding 100% of the gross floor area of such structure unless the use of such structure is changed to a conforming use." Note: By definition, a structural alteration includes any changes in the dimension or configuration of the roof or supporting walls. The applicant proposes to structurally alter the structures on site. The gas station building will be structurally altered to cover the new gas pumps and the balance of the building will be removed. The proposed new canopy area is smaller than the existing gas station building. The site will be more in conformance after the project is completed because the area of structures devoted to non -conforming uses will be decreased. I look forward to seeing you on February 4. Very truly yours, n Anderson JTA/alb (00146884.1) STEVEN F. STIT7,EL PAT'I'I R. PAGE" DIANNE L. KENNEY ('M,8 ) AUMI19130 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 July 26, 1993 Mr. Gabe Handy 792 Shelburne Road South Burlington, VT 05403 Re: Subdivision Division Boundary Line Adjustment Conditions Dear Mr. Handy: As of today, you are the only one who is not in compliance with Condition No. 1 of the November 10, 1992 South Burlington Planning Commission decision. As stated in the July 23 letter to you, unless you comply with Condition No. 1 of the Subdivision approval by Friday July 30, 1993 the City will commence legal action. If you wish to discuss the above -referenced violation prior to July 30, please call me. Sincerely, ZG;I�w 4,1i Dianne L. Kenney DLKjjac cc: Raymond Belair Mr. Charles Jennings 1:\son710.let HANDY, Gabe BONANZA RESTAURANT 792 Shelburne Road Area zoned C-1 District. Motel/hotel permitted, Section 11.103 Standard restaurant permitted Section 11.104. Section 19.00 Non -conforming uses and non -complying structures, sub -section 19.002 alterations (25% F.M.V.). Appraisal value 1991, 1.2 million, estimated cost of addition $832,000. Section 19.104 Landscaping requirements, sub section C buffer strip, minimum setback 65 feet with 15 feet landscaped strip. Area of existing structure 26'x50' located to within 20 feet of southerly side yard, area in question abuts residential district. Planning Commission approved site plan June 1992, area of building in question was to be removed, now requesting a variance to continue use of space. Proposed construction of a 64 unit motel (16 units over restaurant) and restaurant with seat capacity of 120. SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Findings in accordance with Section 4468 of the Plann' Development Act • ing & (1) That there are unique including irregularityphysical circumstances or conditions, , narrowness size or sha e , or shallowness of lot P , or exceptional topograhical or other conditions peculiar to the particular Physical unnecessary hardship is due Property, and that the circumstances or to such conditions, and not the provisions of thezoning generally created by the dv�rict g regulations in the neighborhood ors ich tt e �rty is l ated •-�jT`'~ �� � � ( 2 ) That because of ~ If / / / - no there is such physical circumstances or conditions, / possibility that the property can be in strict conformity with the developed regulations and that the authorinof the zonings therefore e propertyLnece, y�le iance i t e reuse- of ue of the necessary to ii ice. zationof a / (4) (5) That t variance, ifs au or - essential will o alter the the property is essential character of the neighborhoodnor district located, nor substantial) or in which impair the appropriate uc� ,.� ay Permanent) v icn11,9L modificati - " "` ""u wit) represent the the plan. Possible of the Z04ng regulations and[ of Appeal # _ Da to Appellant Vote: Yes W - No � Sign Use Reverse side for additional findings MICHAEL A. WEISSMAN, RM REAL ESTATE APPRAISER 36 SWIFT STREET, SOUTH BURLINGTON, VT 05401, TEL. (802) 658 - 5022 February 5, 1993 Mr. Gabriel Handy 792 Shelburne Road South Burlington, VT 05403 Dear Mr. Handy: At your request, I have prepared the attached appraisal report for the property known as Bonanza Family Reastur- ant located at 792 Shelburne Road, South Burlington, VT. The purpose of the appraisal is to estimate the market value, in fee simple. I personally inspected the subject property and have gathered all the data I considered necessary to arrive at a value conclusion. The informa- tion contained in this report is limited in scope but is based on more complete information retained in my file memoranda. As a result of my investigation and analysis of the information gathered, I estimate the market value of the subject property, as of February 2, 1993, to be: ONE MILLION TWO HUNDRED FORTY FIVE THOUSAND DOLLARS ($1,245,000) Sincerely, Michael A. Weissman PHOTOGRAPH FRONT OF SUBJECT PROPERTY -2- IDENTIFICATION OF THE PROPERTY The subject property, known as Bonanza Family Restaurant is located at 792 Shelburne Road, South Burlington, Vermont, owned by Salamin & Mountaha Handy. HISTORY OF THE PROPERTY The subject property was acquired by Salamin & Mountaha Handy on February 19, 1987 from Lowell Spillane for a reported $545,000. The warranty deed is recorded in the city land records at Volume 219 on Page 247. It contained 0.86 acres improved with a one-story building of 5,000 square feet. A second parcel containing 0.80 acres was purchased on October 30, 1992 from Robert Kelly for a reported $162,500. The deed is recorded in Volume 334 on Page 452 of the city land records. Other than that trans- fer, there have been no other transactions in three years. EFFECTIVE DATE OF THE APPRAISAL The property being appraised, 792 Shelburne Road, South Burlington, Vermont, was inspected on February 2, 1993. That is considered the effective date of the appraisal. ASSESSMENT & TAX DATA According to city records, the subject property is assess- ed for the 1992/93 tax year at $528,300 and the annual taxes are $14,591.65. HIGHEST AND BEST USE The highest and best use of the subject property is as improved. The removal or replacement of the existing improvement is not economically warranted at this time. There continues to be a demand for restuarant properties on major arteries in the area. -3- OBJECTIVE OF THE APPRAISAL This appraisal is made for the purpose of estimating the market value of the subject property, in fee simple. PROPERTY RIGHTS APPRAISED This appraisal is made with the understanding that the present ownership of the subject property includes all of the rights that may be lawfully owned and is there- fore, title in "fee simple". DEFINITION OF VALUE A current economic definition agreed upon by federal financial agencies in the United States is: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised and each acting in what they consider their own best interests; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone asso- ciated with the sale. -4- NEIGHBORHOOD DATA LOCATION: Suburban BUILT UP: Over 75% GROWTH RATE: Stable PROPERTY VALUES: Stable DEMEND/SUPPLY: In Balance MARKETING TIME: 3-12 Months PRESENT LAND USE: Commercial LAND USE CHANGE: Vacant to Commercial PROPERTY VALUE RANGE: $300,000 to $5,000,000 BUILDING AGE RANGE: New to 100 years REMARKS: On U.S. Route 7, a high traffic arterial road within 0.1 mile of Interstate 89. -5- LOCATION MAP ` DESCRIPTION OF IMPROVEMENTS DESIGN: One story AREA: 5,650 square feet YEAR BUILT: 1977 - Remodeled 1989 FOUNDATION: Poured Concrete EXTERIOR: Brick ROOF SURFACE: Rubber WINDOW TYPE: Fixed - thermopane BASEMENT: None ELECTRICAL/PLUMBING: Modern HEATING: Gas Hot Air & Air Conditioning FLOORS: Ceramic Tile WALLS: Drywall & Wood CEILINGS: Suspended ROOMS: 2-Dining rooms, Greenhouse, Kitchen & Cleaning area BATHS: Men - 4 fixtures/Women - 5 fixtures REMARKS: Seating for 216, permanent salad bar -7- BUILDING SKETCH lrc.ts.✓ �!I N I E SITE DATA DIMENSIONS: 150F x 242.72N/242.72S x 157.45E 140W x 250.00N/25O.00S x 140.00E SITE AREA: 0.86 + 0.80 = 1.66 acres ZONING: Commercial 1 ELECTRICITY: Green Mountain Power Co_ GAS: Vermont Gas Systems WATER: City SEWER: City STREET: Paved TOPOGRAPHY: Slight slope SIZE: Average SHAPE: Rectangular DRAINAGE: Appears adequate VIEW: Typical LANDSCAPING: Average DRIVEWAY: Paved APPARENT EASEMENTS: Utility REMARKS: Parking for 58 cars SITE SKETCH QGA Q r d i LAND VALUE The subject site has 150 feet frontage on Shelburne Road and contains a total of 1.66 acres. The most recent and comparable property transactions include two restaurants on leased land. Land value was obtained from the capital- ization of annual rent at a rate obtained from the market. Comparable #1 Address: 1025 Shelburne Road South Burlington, Vermont Lessor: Antonio B. Pomerleau Occupant: Red Lobster Restaurant Lease Date: September 1991 Current Rent: $6,900/month = $82,800/year Capitalization: $82,800 = 10% _ $828,000 Size: 1.84 acres Value/Acre: $450,000/acre Adjustments: -0- Indicated Value of Subject: $450,000/acre x 1.66 acres = $747,000 Comparable #2 Address: 1125 Shelburne Road South Burlington, Vermont Lessor: Larkin-Milot Partnership Occupant: McDonalds Restaurant Lease Date: July 1992 Current Rent: $50,000/year Capitalization: $50,000 T 10% = $500,000 Size: 1.16 acres Value/Acre: $431,000/acre Adjustments: +22,000/acre (5%-common access) Indicated Value of Subject: $453,000/acre x 1.66 acres = $752,000 Indicated Land Value:$750,000 APPROACHES TO VALUE In the sales comparison approach, the subject property is compared to similar properties that have been sold recently. Data for generally comparable properties are used and comparisons are made to demonstrate a probable price at which the subject property would sell if offer- ed on the open market. In the income capitalization approach, the current rental income is shown with deductions for vacancy and collection loss and operating expenses. A conclusion about the prospective net operating income of the property is developed. In support of this net operating income estimate, operating statements for previous years may be reviewed, together with available operating -cost estimates. An applicable capitalization method and appropriate capitalization rates are developed for use in computations that lead to an indication of value by the income capitalization approach. In the cost approach, an estimated reproduction or replacement cost of the building and land improvements as of the date of the appraisal is developed, together with an estimate of the losses in value that have taken place due to wear and tear, design and plan, or neigh- borhood influences. To the depreciated building cost estimate is added the estimated value of the land. The total represents the value indicated by the cost approach. The sales comparison approach was processed and consider- ed most reliable. The income approach was used to convert lease rent to value in three of the comparable properties. The cost approach was processed and given secondary weight. -12- THE COST APPROACH Gross Building Area: 50 x 100 = 5000sf 50 x 13 = 650sf 5650sf Estimated Replacement Cost - New: Building: 5650sf x $93.25 Less Depreciation: 3/60 x $536,000 Depreciated Value of Improvements: Site Improvements "as is": Value of Site & Building Improvements: Estimated Site Value: Indicated Value by Cost Approach $526,000 -26_nnn $500,000 2r% nnn $525,000 750,000 $1,275,000 -13- SALES COMPARISON APPROACH In addition to the comparable properties recited under the land value section, two other properties are uti- lized in the sales comparison. One is a restaurant where land and building are leased and the other is the sale of a commercial property. Comparable #3 Address: 730 Shelburne Road South Burlington, Vermont Lessor: Kim Lee Occupant: Denny's Restaurant Lease Date: October 1991 Current Rent: $5,750/month = $69,000/year Capitalization: $69,000 T 10% _ $690,000 Site Size: 0.72 acre Building Size: 4,495 square feet Comparable #4 Address: 3 Baldwin Avenue South Burlington, Vermont Seller: Robert McGill Buyer: Yoram Samets Occupant: Cellular One Sale Date: April 1992 Sale Price: $585,000 Site Size: 0.60 acre Building Size: 2,184 square feet - Office 5,630 square feet - Garage -14- SALES CffARISON ANALYSIS GRID ELDM SUBJECT SALE #1 SALE #2 SALE #3 SALE #4 Address 792 Shel. Rd 1025 Shel.Rdd 1125 Shel.Rd 730 Shel. Rd 3 Baldwin Av So.Burl, VT So.Burl, VT So.Burl, VT So.Burl, VT SO -Burl, VT Sale Price - - - - $828,000 $500,000 $690'000 '000 Property Rights Fee Simple Leased Fee Leased Fee Leased Fee Fee Simple Financing Terms Conventional Conventional Conventional Conventional Conventional Conditions Arms Length Arms Length Arms Length Arms Length Arms Length -0- -0- -0- -0- Adj. Sale Price - - - - W'000 $500,000 $690,000 $585,000 Date 2/93 9/91 7/92 10/91 4/92 Location Good Good Good Good Good Access Good Good Inferior Inferior Inferior Utilities All All All All All Lot Size 1.66 Ac 1.84 Ac 1.16 Ac 0.72 Ac 0.60 Ac Landscaping Average Average -80,000 Average +237,000 Average 4455,000 Average +500,000 Design 1-story 1-story 1-story 1-story 1-story Quality Average Average Average Average Average Condition Good Good Good Good Average G.B.A. 5,650sf None None 4,495sf 2,184sf Aux. Bldg None None Storage None 5,630sf Basanent None None None None None Heat/AC Gas Gas +500,000 Gas +500,000 Gas +105,000 Gas +160,000 Net Adjustment 4420,000 +737,000 +560,000 +660,000 Indicated Value $1,248,000 $1,237,000 $1,250,000 $1,245,000 of Subject Indicated Value by $1,245,000 Sales Cmparison -15- SALES COMPARISON DISCUSSION No adjustments were required for property rights apprais- ed, financing terms or sale conditions. No adjustments were deemed appropriate for sale/lease date, as all comparables recited were consummated within the past 18 months. Site adjustments were required for site size in all comp- arable sales and for access from the main road in compar- able #2, #3 and #4. Size adjustments were based on the site value developed in the land value section, per acre. Access adjustments ranged from 5% to 10% of the site value. Improvement adjustments were required for differences in condition, gross building area and auxiliary building area. The only condition adjustment was required in comp- arable #4. It was based on a difference in 3 years in effective age of improvements, and a total useful life of 60 years. Gross building area adjustments were based on $90 per square foot. Auxiliary building adjustments were based on $30 per square foot. The comparable sales and leased fee estates selected were the best market data available. The three leased fee estates were all restaurants in the immediate neighbor- hood. The fee simple transfer was the sale of a commer- cial building located about 1/4 mile south of the subject. All comparable properties were given equal weight. -16- RECONCILIATION Both the cost and sales comparison approaches to value were processed. The income capitalization procedure was used to convert annual rent on leased land into value in the establishment of land value. In the cost approach, the estimated replacement cost of the building was reduced by depreciation estimated by the age/life method to yield the depreciated value of the improvements. Site improvements "as is" and land value were added to obtain the indicated value by the cost approach. This indication was given secondary weight and supported the conclusion determined in the sales comparison analysis. In the sales comparison approach, the subject was com- pared to four comparable properties. Three of the four were all restaurants and were leased fee estates. The fourth was the sale of a commercial building in the same neighborhood. Since the market data was relatively recent, the sales comparison approach was given the most weight. -17- CERTIFICATION OF VALUE I certify that, to the best of my knowledge and belief: (1) the statements of fact contained in this report are true and correct; (2) the reported analyses, opinions, and conclusions are limited only by the reported assump- tions and limiting conditions, and are my personal, un- biased professional analyses, opinions, and conclusions; (3) I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; (4) my compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event; (5) my analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Stan- dards of Professional Appraisal Practice; (6) I have made a personal inspection of the property that is the subject of this report; and (7) no one provided significant pro- fessional assistance to the person signing this report. Based upon the study and investigation made and after careful consideration of all pertinent factors affecting value, in my opinion, the subject property has a value on February 2, 1993, of: ONE MILLION TWO HUNDRED FORTY FIVE THOUSAND DOLLARS ($1,245,000) is ae eissman February 5, 1993 GJW/1J 2/17/8� spillanubonanzadeed GHWJ VU1. Pagr LAM WI,W Oi KOLvoORo, oy GITOI • WIL&OM [ �4�M •>w[[T N[U �O MCfiOM. VUYOn� WARRANTY DEED IKNOW ALL MEN BY THESE PRESENTS that we, LOWELL T. SPILLANE and SUSA.N G SPILLANE, of Shelburne in the County of Chitcenden and State Of Vermont Grantors, in consideration of TEN OR MORE Dollars paid to our ful. aatisfaction by SALAMIN HANDY and MOUNTAHA HANDY of Burlington In the Count; of Chittenden and State of Vermont, Grantees, by these presents, do freel' GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto the said Grantees, SALAMIN HANDY and MOUNTAfA 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 conveyed to Lowell T. Spillane and Susan G. Spillane by the following deeds: (1) warranty deed Of Melvin Llchtlg dated May 23, 1984, and recorded in Book 203. pages 71-73 of the land records of the City of South Burlington; (2) warranty deed of Louis E. Wolfe and Irving Caplan, Trustee of the Trust of Louis E. Wolfe and Zen& Wolfe, dated May 19, 1984, and May 23, 1984, and recorded In Book 203, pages 77-79 of the land records of Burlington; the City South (3) warranty deed Of Roger B. Kennedy and John Quinn, Trustee of the Trust of Roger B. Kennedy and Margaret Kennedy, dated May 23. 1984, and recorded in Book 203. Pages 74-76 of the land records of the City of South Burlington; PARCEL I A lot of land situated on the easterly side of Shelburne Road, SO -called, and being more particularly described as follows: Beginning at a point which is the southwesterly corner of the property herein described and proceeding in a jeneral northerly direction along the easterly side of Shelburne Road, so-called, 100 feet to a point; thence turning to the right and forming an interior angle of 90' and proceeding 1n a generally easterly direction 242.72 feet, more or less, to a point; thence turning to the right forming an interior angle of 88'22' and proceeding in a generally southerly direction 157.45 feet, more or less, to a point; thence turning to the right forming an interior angle of 89'38'30" and proceeding in a ion toerathe bightsterly forming rantinterior2angle of 91 7'Poiand tproce turning 50 feet to a point; thence turning to the left forming pransIntegriorr angle of 268'53' and proceeding 150 feet In a generally westerly direction to the point or place of beginning. Reference is hereby made to a plan of land prepared by James Harwell, dated October 30, 1973, and recorded in Book 105, page 54 of the City of south Burlington land records. -19- u ' Page f48--- --- --- .____—_ PjLRCEL II A lot of land sltunted on the easterly side of Shelburne Road, where tilers was formerly erected thereon a two-family house being known slid designated as No. 780-782 Shelburne Road. Satol lot of land has a frontage of i0 feet on the easterly side of Shelburne Road and a depth of 150 f-ist uJth the north and south lines thereon described all parallel In a prior deed to said lands and premises. Solid Parcel II 1s on its northerly and easterly sides contiguous to solid Parcel I. To said deeds, plan of land, and the records thereof, and to all deeds and records therein referred to, reference is hereby made in a:Id of this description. To HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, SALAMIN HANDY and HOUNTAHA HANDY, husband and wife, as tenants by the entirety, and their heirs and assigns, to their own use and behoof forever; and we, the said Grantors, LOWELL T. SPILLANE and SUSAN G. SPILLANE, for ourselves and our heirs, executors, and r adminlntrators. do covenant with the said Grantees, SALAMIN HANDY and MOUNTA14A HANDY, and their heirs and assigns, that until the ensealing of these presents we are the sole owners 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 aforesaid, and we hereby engage to WARRANT AND DEFEND the Baia* against all lawful claims whatever. I14 WITNESS WHEIEOF, we hereunto set our hands and sealk this )CI day of A.I . 1987. Iii Presence of: L.S. Lovell T. Sp11 ans L.S. Susan G. Spillane STATE OF VERMONT COUNTY 0P '�j '/,rD;:IJ SS. A: jg2 L(A/ TT A/ 6 this �_ day of tvdged Y1-"gFt»d-assd Sueaq_ G, Spillane personally appeared, and sAiSj acknowledged d A. acknowledged this iiatrumsnt, by t�a`� seal and'sub cFlbed, to be free act and deed� = h c cc� as�I o[ccJ T. Sir//s..t Before we ary Public Vormcnt , ::c::;y Tran or Tax �� o•� cl. o. 32 V. S. A. Chas. 231 KoLV000to. �, :NT a WILCON .Hula /(:'. • I...1. ,.4'_: U •: 0. 4111..CC'. . r.lw lTlll [T Mt. W3 VIC 1 Pal". .1C1 1 W.1 W. WI. lice Return Nc.. gt.$bQh` ... CIA ..,l. Signe Ciork Date i —20— ore, , --A i _._ , - - . — . Vol. 3 pag CI CLEWSOFFICE 30 '1 Recelv 19411_at.L.Q..�f� 6 Recorded in Vol. _. ,11 on page- 15 Oi So. Burlington land Retor WARRANTY DEED Margaret A Picard, Gia 6M 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 1992 and recorded in Volume Pag South Burlington Land Records and'beine of the City of described therein as follows: g more particularly "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.1' 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 of the City of South Burlington Land Records an Bing 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 6 TCill../ and marking the intersection of the boundaries of the herein conveyed lands and premises and lands erwcc, •.o sw• ss• —1- w Uu T—. vc«...o«r —21- �•rr•r•, ewsruw�, .wEYCR 6 TLTZI.ZI nsnw.,s coe.•w.rrou •Troe..L Ya roe u.w areTEr r o eos sae os.oc-osee 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 -:50 , 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: WAIVER OF DEVELOPMENT RIGHTS -2- VOL Pagel -22— Vol. �4LY Pap -`` 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 &away: 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 "20-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 U TMAId. [A.TMAM, SCHW{Y[q owners, assignees and tenants of the remaining property for ingress and 6 TCTZLAZ .gOTL SS10gAl <011.p11ATgq A TTOgM{Ya egress to Swift Street. )O. MAiw 1Tq [{T ..o..o.... — 3 — .vql .q TOw, Y{q.,lp,t oa+o i-o.s. — 2 3 — LATMAK EAST-N. SC-99. 6 TETZIAA .BOILZiOMA COB.pRAT ATTORN BURL-. VEI-T os+o:_oses 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 to 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 -4- Vol. Paz -24- VoL Page LA-K EAST-N. SCNw VXR G T[T[y AA ..q[[[[IONAI COIVOI.A Tp1 A TTORN[V� —LJNGTo . II—T —01-.— 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 �;bq_ day of October, 1992. n Pre �enc Of. lCr'4� r Robert C. Ke y STATEWVERMON CHITTENDEN COUNTY, SS. At , Vermont, this = day of October, 1992, ersona y appeared Robert C. Kelly and he acknowledged this instrument, to be his free a t an de d, y him sealed and subscribed Before me Nota bl c NDW1392 a:kelly2.wd.1-5/tami Vermont Property Transfer Tax 32 V. S. Al chap. 231 -ACKNOWLEDGEMENT- YCWOUSE •WQLW n"AaCOG.=a Rehm NO. IOak Date -5- -25- QUALIFICATIONS OF THE APPRAISER Michael A. Weissman, RM EDUCATION Batchelor of Science, Industrial Engineering, Syracuse University Appraisal and Real Estate courses successfully completed: Appraisal Institute/Vermont Association of Realtors Real Estate Appraisal Methods (G3) Principles of Capitalization (G4) American Institute of Real Estate Appraisers Appraisal Principles, V1II-1 Residential Valuation, VIII-2 Standards of Professional Practice, V11I-3 Society of Real Estate Appraisers The Uniform Residential Appraisal Report Vermont Home Mortgage Guarantee Board Appraisal Seminar Community College of Vermont Advanced Topics in Appraisal Energy Rated Homes of Vermont Uniform Energy Rating System Vermont Housing Finance Agency Residential Real Estate Appraisal Condominium Appraisal Realtors National Marketing Institute Commercial Inventment, C1-101 Tri-State Realtors Institute Courses 1, 2 & 3 University of Vermont Real Estate Appraisal ORGANIZATIONS American Institute of Real Estate Appraisers National Association of Realtors Vermont Assocation of Realtors Northwestern Vermont Board of Realtors Multiple Listing Service of N.V.B.R. PROFESSIONAL DESIGNATIONS Vermont Certified General Real Estate Appraiser - License No. 80-0000003 Residential Member No. 1696, American Institute of Real Estate Appraisers Approved Appraiser, Vermont Home Mortgage Guarantee Board Approved Appraiser, Vermont Housing Finance Agency CRS, Certified Residential Specialist GRI, Graduate Realtors Institute Realtor, National Association of Realtors Real Estate Broker, State of Vermont EMPLOYMENT 1983 to ----: Michael A. Weissman, RM, Real Estate Appraiser 1977 to 1983: Pomerleau Real Estate Co., Appraiser & Realtor 1972 to 1977: Smith Bell & Thompson, Inc., Appraiser & Realtor -26- ASSUMPTIONS & LIMITING CONDITIONS This report has been made with the following general assumptions: 1. No responsibility is assumed for the legal descrip- tion or for matters including legal or title consider- ations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property manage- ment are assumed. 4. Information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material in this report are in- cluded only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engi- neering studies that may be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental reg- ulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. It is assumed that all applicable zoning and use reg- ulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in the appraisal report. 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administra- -27- tive authority from any local, state or national govern- ment or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. It is assumed that the utilization of the land and improvements is within the boundries or property lines of the property described and that there is no encroach- ment or trespass unless noted in the report. This appraisal report has been made with the following general limiting conditions: 1. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 2. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. 3. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. 4. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. IM 5. Environmental Disclaimer: The value estimated is based on the assumption that the property is not negatively af- fected by the existence of hazardous substances or detri- mental environmental conditions unless otherwise stated in this report. The appraiser is not an expert in the identi- fication of hazardous substances or detrimental environ- mental conditions. The appraiser's routine inspection of and inquiries about the subject property did not develop any information that indicated any apparent significant hazardous substances or detrimential environmental condi- tions which would affect the property negatively unless otherwise stated in this report. It is possible that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental environmental condi- tions on or around the property that would negatively affect its value. -29- LIMITED APPRAISAL REPORTS Client acknowledges that this limited report and/or appraisal contains something less than a complete report as set forth by the American Institute of Real Estate Appraisers and as outlined in their Standards of Professional Practice. This report does meet the minimum reporting requirements, as set forth within the aforementioned Standards of Professional Practice. Further, it is also understood that the data and analysis not found in our limited report and/or appraisal can be found in our file memoranda and is available upon request. Other users of apprai- sal services and the public may find such a limited report misleading without this file memoranda. IsIm -o.�F � zi ` �, .ate .4'F,�[-.4an.,5"ajW,�. �,y-.v.F. -�- ;, � Y/' .1'c�v .�rG �r% it _ _ f r � ' � ,f -�--__ --. ____ -- _.�. _..--- �w S��`��� � ��� �`'��� ^�i, ,� zap � ��% J^a'� fps �+ � P � � ©/`-.f�,...,� ,��_ i` = � �� —�--r. 9 W �� . �. '� IJ �J' �/ r EGAL NOTICES 1 SOUTH BURLINGTON ZONING NOTICE In accordance wttti " the South Burlington Zoning Reggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, Feb- ruary 22, 1993 at ; 7:00 p.m. to consider the fol- lowing: #1 Appeal of Gabe Handy seeking a variance from Section 19.00 Noncon- forming uses & noncom- plying structrues and Section 19.104 Landscap- ing buffer of the South Burlington Regulations. Request is foermission to construct a 64 unit Mo- tel (approximately 46'x 100') to an existing res- taurant (approximately 50 x114') which abuts a resi- dential district and pro- vides a 20 foot southerly setback, on a lot con- taining 1.65 acres, located at 792 Shelburne Road d.b.a. Bonanza Restau- rant. #2 Appeal of Champlain Oil Inc., Charles Carins seeking a variance from Section 18.00 Area, densi- ty & dimensional require- ments and approval from Section 19.65 Multiple Use of the South Burling- ton Zoning Regulations. Request is for permission to demolish existing structure and canopy and reconstruct a 38'x82 can- opy and a 22'x46' mini mart to within eight (8) feet of the front yc' set- back and ten (10)feet of rear yard, lot coverage exceeds maximum allow- ed (proposed includes a 18'x18' accessory struc- ture) located at Dorset Street and Williston Road. #3 Appeal of Barnes and Noble Booksellers, Mary Campbell agent seeking approval from Section 19.65 Multiple uses of the South Burlington Regula- tions. Request is for per- mission to convert approximately 1000 square feet of existing retail area into a coffee shop containing 28 seats in conjunction with a book store containing arr"11- mately 14,000 square feet d.b.a. Barnes & Noble lo- cated at Staples Plaza, 861 Williston Road. Richard Ward, Zoning Administrative Of- ficer February 6, 1993 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 8, 1993 Mr. Gabe Handy Bonanza Restaurant 792 Shelburne Road South Burlington, Vermont 05403 Re: Zoning appeal Dear Mr. Handy: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, February 22, 1993 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting. Sincerely, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp City of South Burlington Application to Board of Adjustment Official Use APPLICATION # HEARING DATE 4? : 4 / 3 Date i 23 FILING DATE Z5 Y3 Applicants Owner, leasee, gent FEE AMOUNT ' /0 Address % yob/Q ►� Telephone #9 Landowner Cj f 0"iw 1 _ �; < Address % 5 S o U. ' ,a{T' Location and description of property /V Type of application check one ( ) appeal from decision of Administrative Officer.( )request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions pf zoningZ.J rdinance in ques ion �oG �y/6 Reason;for appeal The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Hearing Date Signature of Appellant Do not write below this line ----------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on 01,.., OO ,I1�L Day of eek � ICI at ��/� to consider the following: Month' and Date Time -?41 / Appeal of seeking a km,-i�e-o from Section of the South Burlin§toK Retulations. Request is for permission to d 4:0 01 144.4> Ci'i Z G a-o"' �• C , 00' c� v 0 Ole