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Home My WebLink AboutVR-87-0000 - Supplemental - 0981 Shelburne RoadCity of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 16, 1989 David G. White Pomerleau Real Estate Company P.O. Lox F, Burlington, Vermont- 05402 Dear Mr. White: ZONING ADMINISTRATOR 658-7958 The Zoning Board of Adjustment granted approval of your request to fill 30 acres to the rear of Burner Kind.; with the understanding that once the project was comZ-leted the haul road would be regraded and seeded. As for your request to continue using the haul road, I'm of the opinion that only the Zoning Board of Adjustment can remove any condi.t.ions r-Jaced i_mon permits. Also, as stated in a prior conversation with Dick Bushnell, any access road to a project i.s subject. t.o Plann.int Commission revlee./ and approval. I'm willing to schedule you to appear before the Zoning Board of Adjustment. on June 12, 1989. The Planni.nl; Commission is another Inai_ter, the City Planner should 1,e informed r-f ��our pJ am for the property. 1 If you • have any questions' please don t. hesitate to .call me. . Very t;ru_ly, Richard Ward , Zoning Adminj-s tr-.=-i--ive Of_ f i-c,er.. RW/mcp I'C MEWA l May 12, 1989 Richard Ward Zoning Administrator City of So. Burlington 575 Dorset St. So. Burlington, VT 05403 Re: Haul road off Queen City Park Road Dear Mr. Ward: I am writing to followup on a conversation which you had with Richard Bushnell of our office regarding possible retention of the haul road currently being used by J.A. McDonald Corporation to carry fill from the Southern Connector to our land off of Shelburne Road. The approval for the haul road which was given by the South Burlington Board of Adjustment on March 23, 1987 calls for the haul road to be removed at the completion of the project. We request permission for the haul road to remain at least on a temporary basis. As you are aware, we are presently evaluating options for development on our site. In our preliminary discussions with the Planning Commission and others, the desirability of alternative access points has been mentioned frequently. Further, we are considering possible residential development on the backside of our property to compliment commercial development on the front side and it might be desirable to have independent access for such residential development. Accordingly while our planning is underway, it might be helpful for the haul road to remain until such time as it is determined whether it might be useful as an alternative access point. McDonald is presently planning to remove the haul road sometime in early June. Accordingly we would appreciate some quick response to this request prior to the removal. Pomerleau Real Estate Co., P.O. Box 6, Burlington, Vermont 05402 802/863-8210, FAX 802/863-8209 Richard Ward Page 2 If you have any questions or require please don't hesitate to contact me. cooperation and consideration in this i� n e Da id G." White Vice President DGW/nlb any additional information, Many thanks for your matter. -4- Mr. Meyer said he was buying this property from the Merchants Bank. It, bedroom family dwelling which he would like to divide to a 2 bedroom unit in front and one bedroom unit in the back which will cost approximately $18,000.00. We will be using existing water which comes from the duplex we already own and we think this is a reasonable use - it will not alter the character of the neighborhood - the nearest neighbor is the duplex which we own other lots are undeveloped and the use will not impair the adjacent property, will keep the density low. Mr. Graf asked if he would change the exterior of the house and Mr. Meyer said he wouldn't. Mr. Blais asked Mr. Meyer to convince him why it couldn't be used as a single family dwelling. Mr. Meyer said it could be done but he would have to charge more rent and would have to have more people occupying the dwelling. Mr. Blais asked him what do you see as a long term to be occupied as. Mr. Meyer said renting these two apartments. - ;= -Mr. - Dinklage said I see this as a very fine established 4 bedroom dwelling the . type of house someone might like to live in. You haven't convinced me yet as to why this should be cut up into 2 units just so you could use it as an investment. Why should we allow this fine dwelling to be cut up? Mr. Meyer said this is not a modern ranch house - it has been added to. Mrs. Meyer said the inside is not divided very well - it could be improved by making it a 2 family dwelling. Mr. Blais said one of the criteria is to persuade us that such unnecessary hardship has not been created by the appealant. I have a hard time seeing any hardship here. Mr. Meyer said we think we would be making it more useful and the hardship for us is that we couldn't get access to hook on to the city sewer and water. The appeal was denied 5 - 1. No. 4 Appeal of Pomerleau Real Estate Appeal of Pomerleau Real Estate, Dennis Pomerleau seeking approval from section 19.35 Removal and Filling with Earth Products. Request is for permission to fill a parcel of land containing approximately 30 acres to a maximum depth of 30 feet in conjuction with the construction of the Southern Connector, located at 981 Shelburne Road, south of Burger King. Mr. Ward said Section 19.35 removal and filling with earth products requires special approval by Zoning Board. Hauling approximately 250,000 - 300,000 cubic yards of clean fill (including broken asphalt and concrete) relating to the construction of the Southern Connector. Fill area approximately 30 acres to a depth of 30 feet. Mr. Jarret disqualified himself due to his involvement with the Agency of Transportation. � m � r x -5- Mr. Blais read the following memorandum: To: South Burlington Zoning Board of Adjustment From: William J. Szymanski, City Manager Date: March 20, 1987 I.-- The`eham7l-ain Water-iitstr3ct has a large (24") water main in the vicinity of the brook which should be noted on the plans. Approval to fill and cross this main shall be obtained from the Water District. 2. The City has a need for approximately 10,000 cubic yards for improvements to Farrell Park which should have priority over disposal of the Pomerleau site. 3. In question the need for a 50' wide temporary haul road. This is wider than Williston Road. The road should be reduced to 20' - 24' at least in the conservation zone to minimize the impact on the area. 4. The fill area shall be top soiled and seeded, haul road removed and area cleaned up to the satisfaction of the City. Those responsible for supervising the project (State of Vermont) should be responsible to see that this is done. Mr. Gordon Eastman said that in order to eliminate heavy traffic on Shelburne Road they are going to build an offsite road to the back lot of the Pomerleau property which will help us get rid of waste in a more expeditious manner. They will install a pipe into the brook and will build a 20' road over the • brook and a 50' wide temporary haul road and will install culvert. The Environmental Board has helped us to devise this plan. The trucks will only cross Queen City Park Road. Mr. Dinklage said I move that we approve this request consistent with the concerns and stipulations from the City Manager in his memo of March 20 and as shown on the updated drawing #D-20-57 stamped March 20, 1987 This was seconded by Mr. King and all voted aye. The appeal was granted unanimously. No. 5 Appeal of Mary and Joan Perry and 4udith Bailey Appeal of Mary and Joan Perry and Judith'Bailey seeking a variance from Section 17.604, Area, Density and Dimensional Requirements and approval of Section 17.602, Conditional Uses. Request is for permission to convert an existing single-family dwelling into a professional office (dental ceramics) on a lot containing 8400 square feet with 70 feet frontage, located at 321 Dorset Street. Mr. Ward said this appeal has been withdrawn and will have to be re -warned for our next meeting because of a technicality with the warning. No. 6 Tabled Appeal of Joseph Kelley . Mr. Ward said that Mr. Kelley called and'said that he was going to be in Rutland for 2 weeks. State of Vermont Depai trnent of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Envtronment,iI Fngin-eun rt Natural Resources Conservation Council PHONE: 748-8787 AGENCY OF ENVIRONMENTAL CONSERVATION Department of Water Resources and Environmental Engineering St. Johnsbury Regional Office 180 Portland Street St. Johnsbury, Vermont 05819 Mike Zahner, Environmental Coordinator Vermont Environmental Board State Office Building Montpelier, VT 05602 RE: Proposed Waste Area Pomerleau Property, South Burlington Dear Mike: March 16, 1987 I have reviewed the enclosed plans dated March 13, 1987 submitted by J. A. McDonald, Inc. which detail the access road, stream crossing and waste area proposed for use in relation to construction of the Burlington Southern Connector Project #MEGC-M 5000(1) C/l. The following comments may be pertinent to your review. 1. The 7-foot by 11-foot culvert proposed for installation at the temporary crossing has been checked for hydraulic adequacy by the Agency of Transportation Hydraulics Section. Culvert is to remain in place through 2 complete construction seasons and to be removed in the fall of 1988. 2. All embankment side slopes in the crossing area shall be protected with stone fill (Type II) up to elevation 140. 3. Road profile shall be no higher than shown. Grade should not be elevated more than one foot in the overflow section Stations 7+0 -- 8+0. 4. Silt fence shall be constructed and maintained outside toes of fill slopes at both ends of the crossing. Fill slopes should be modified to 1 on 1 1/2 in order to minimize area necessary to be cleared. Stabilize all fill slopes with seed and mulch. 5. Preserve softwood stands along streambank. 6. Minimize siltation during construction and removal of the culvert crossing by placing stone fill first and removing last. Mike Zahner Vermont Envrionmental Board Re: Proposed Waste Area Pomerleau Property, S. Burlington March 16, 1987 Page 2 of 2 7. Use select granular materials for all roadway embankments. 8. Temporary and permanent erosion control measures shall be as noted on the fill site plan including silt fences, hay bales, berms, stabilized drainage dwales, and permanent seeding and mulching. No fill area shall extend down over the bank toward the Potash Brook. Toe of fill should remain at least 25 feet back from the break in slope. If I can be of any other assistance, please let me know. Sincerely, Barry Cah n, P. E. Stream Alteration Engineer COPIES: Jim McDonald Pete Gipson, Construction Division Jon Anderson CONTRACTOR d.A.McDONALDiNc. Box 132 Lyndon Center, Vermont 05850 March 10, 1987 Ernest Pomerleau Pomerleau Agency, Inc. 69 College Street Burlington, VT 05401 RE: Burlington MEGC-M 5000(1)C/1 - Southern Connector Dear Ernie: ; As per our meeting yesterday I would like to formally request permission to place excess excavation from the above -mentioned project on property of the Pomerleau Agency, which is located on the West side of Route 7 and South of Potash Brook behind Burger King on Shelburne Road in the City of South Burlington, Vermont. Listed below are the general conditions and responsibilities of the parties involved, namely J. A. McDonald, Inc. and Pomerleau Agency, Inc. Pomerleau Agency, Inc. will be responsible for the following: 1. Provide all engineering services; 2. Provide a flexible fill plan; 3. Do all seeding and mulching required;; 4. Provide compaction if required; 5. Do any clearing of trees if required; 6. Provide J. A. McDonald, Inc. with a certificate of insurance. J. A. McDonald, Inc. will be responsible for the following: 1. Grub the area to be filled - grubbing to be disposed of on site; Ernest Pomerleau Pomerleau Agency, Inc. March 10, 1987 Page 2 2. Strip all topsoil; 3. Replace topsoil as directed by Pomerleau Agency, Inc.; 4. Control dust; 5. Daily routine erosion control i.e. hay bales, earth berms, small sedimentation ponds; 6. Provide Pomerleau Agency, Inc. with a certificate of insurance; 7. Complete all work by June 30, 1989. If these conditions are mutually agreeable we can have a formal agreement drafted and proceed with this plan. If you have any questions, please contact me and we can discuss them and make any revisions necessary. o- JAM/j dd Sincerely, James A. McDonald President STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # March 2, 1987 James A. McDonald General Contractor Box. 132 Lyndon Center, VT 05850 Re: Southern Connector (Contract I, Stage I), Request to waste excess excavation material, South Burlington, Vermont Dear Jim: I have received your request to waste excess excavation material from the Southern Connector (I-189 Interchange area) to be placed on lands owned by the Pomerleau Real Estate Company in South Burlington. It would be helpful to haveestimates of how much material needs to be excavated and an estimate of truck traffic to be generated. It would, also, be helpful to have a more detailed site and reclamation plan for the disposal area to include elevation plans, a chronology of seasonal events and a soil erosion control plan for the area along Potash Brook. How long will the excavation process take? Are there any wetland values to be concerned about in the natural depression? Will any of the material be trucked to the City of Burlington's landfill as discussed at the Pre -construction conference? What is the extent of the stream alteration to cross Potash Brook? Are there any adjoining landowners that we should be aware of? I have taken the liberty of distributing your preliminary information to the Cities of Burlington and South Burlington, the Agency of Transportation and the Agency of Environmental Conservation for their input. Upon receipt of the new information, we should schedule a site visit with City of Burlington and South Burlington officials, Peter Gibson, Barry Cahoon and other interested parties. James A. McDonald March 2, 1987 Page 2 I.f you have any questions, please give a call at the Environmental Board in Montpelier (1-828-3309). Sincerely, Michael Zahner Environmental Board District Coordinator MZ/hsa cc: City of South Burlington Marsha Meekins Andy Buchanan Peter Gibson John Wood MEMBERSHIP SOUTH BURLINGTON SHELBURNE WINOOSKI ESSEX COLCHESTER WILLISTON CHAMPLAIN WATER DISTRICT CHARTERED 1971 PETER L. JACOB. CHAIRMAN THOMAS T. BESSETTE. VICE- CHAIRMAN GEORGE A. JIMMO. CLERK DAMES E. REED JAMES J. LOWE MICHAEL H. QUAID EDWARD E. BLAKE. GENLRAI_ MANAGER March 23, 1987 J. A. McDonald, Inc. Lyndon Center, VT. 05850 ATTN: Gordy Eastman Re: Burlington Southern Connector - Haul Road Across CWD Water Main Gentlemen: Champlain Water District hereby gives permission to J. A. McDonald Inc. to construct a construction haul road across its 24" water transmission main at the north bank of Potash Brook on Green Mountain Power Property. It is understood that the additional fill over existing grade will be approximately five feet and that it will be removed upon completion of the connector project by J. A. McDonald. Very truly yours, CHAMPLAIN WATER DISTRICT Edward E. Blake �! General Manager f Telephoen No. V�A, 't c/o State Office Bldg. P.O. 828-3309 � ``�}� �' Montpelier, Vermont 05602 STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION #4 March 23, 1987 Mr. James A. McDonald J. A. McDonald, Inc. P.O. Box 132 Lyndon Center, Vermont 05850 RE: Burlington MECG-M 5000(1)(c/1), Southern Connector Project, Pomerleau Disposal Area, South Burlington, Vermont Dear Mr. McDonald: I have reviewed all of the information that has been supplied to me with regard to the disposal area on lands owned by Pomerleau behind and adjacent to the K-Mart Shopping Center off of Shelburne Road in the City of South Burlington. I have also visited the site twice and have walked the disposal and haul road areas extensively. The following represents the facts as they have been represented to me; 1) The Southern Connector project (Contract 1, Stage 1) involves the excavation and removal of approximately 300,000 cubic yards of excess material which will be deposited on approximately 20 acres of land of a larger tract owned by Pomerleau behind and adjacent to the K-Mart Shopping Center. The disposal operation will involve the filling in of low areas to an average depth of 10 to 12 feet as depicted upon the final revised site plan. Finish contours will range from an elevation of 198 near K-Mart to 180 closer to the railroad bed. 2) A haul road will be constructed across lands owned by Green Mountain Power and Baird Center from Queen City Parkway which will involve a stream crossing of Potash Brook over a 7' x 11' arch culvert as shown on the site plan. Barry Cahoon, Agency of Environmental Conservation, has issued a Stream Alteration Permit (attached) w'icy, Is dated March 161 1987. All conditions of the Stream Alteration Permit must be strictly adhered to. 3) The disposal operation will generate approximately 20,000 loaded truck trips over the course of two construction seasons. However, local traffic patterns should remain James McDonald March 23, 1987 Page 2 relatively unaffected. There will be one traffic crossing of Queen Citv Park Road which must be fully managed by flag personnel. I would recommend that you attempt to avoid rush hour traffic while hauling large amounts of material. I'm sure that the needs of the contractor can be coordinated with the resident engineer, Peter Gipson and City of South Burlington Officials. The haul road will accommodate two way travel with the exception of the stream crossing which will be one lane. 4) The work will take place during the 1987 and 1988 construction seasons. The entire fill area will be ringed with staked hay bales or silt fence prior to fill operations. Additional hay bale check dams will be placed in areas of obvious runoff.. All disturbed areas will be either permanently seeded and mulched or temporarily mulched during the winter shut down. The erosion control plans for the road crossing of Potash Brook have been reviewed and approved by Barry Cahoon. 5) The effective control of dust will be a very important aspect of this operation because of the large amounts of exposed earth which will be subjected to compaction efforts and the prevailing winds off of the lake. Dust for the haul road and disposal area must be accomplished through the use of water and/or calcium chloride as directed by the Resident Engineer. 6) There exists one small groundwater seepage area centrally located within the disposal area which must be fully addressed on the final revised plan. The seepage of water must be allowed to continue through a crushed stone filter or other suitable means so that the stability of the fill material in that area is not threatened and so that excess siltation will not result off -site. 7) Approximately 50,000 cubic yards of clay material is expected to be hauled to the City of Burlington's landfill. This figure will depend on the amount of material that is suitable for their purposes and the timing of their requirements with the contractors work schedule. 8) The disposal area is located approximately 700-800 feet to the west of Shelburne Road and will be largely unseen by motorists along Shelburne Road due to the distance and the existence of small trees and scrub brush which will remain as an effective buffer. 9) The disposal area is not heavily forested and the contractor plans to harvest the small trees and scrub through a chipping operation. It is not expected that there will be any significant grubbing in areas other than the haul road. 10) At the western limit of the disposal area the contractor shall avoid filling in any of the natural ravines which are shown on the site plans. James McDonald March 23, 1987 Page 3 This letter constitutes preliminary approval for the disposal operation under Agency of Transportation's Standard Specification 105.25 Control of. Material Supply and Disposal Areas. Final approval can be issued upon receipt of the final revised plans incorporating any changes required by the City of South Burlington. Barry Cahoon and I will be conducting periodic site visits. If there are any questions, please contact me at the Environmental Board in Montpelier (1-828-3309). Sincerely, Michael Zahner Environmental Board Acting District #4 Coordinator MZ/daw cc: Citv of South Burlington City of Burlington Peter Gibson, Agency of Transporation Andy Buchanon, Agency of Transporation Barry Cahoon Bert Moffat MIKE5/L McDonald State of Vermont Der mn anent of Fish and Game Department of Forests, Parks, and Recreation Deportment of WaterResources & Environmental Engineering Natural Resources Conservation Council PHONE: 748-8787 AGENCY OF ENVIRONMENTAL CONSERVATION Department of Water Resources and Environmental Engineering ..'., ! St. Johnsbury Regional Office 180 Portland Street MAR 17 ,8.1 St. Johnsbury, Vermont 05819 VJ1 r`'�^' 1 ' March 16 1987 +l8JA D ' Mike Zahner, Environmental Coordinator Vermont Environmental Board State Office Building Montpelier, VT 05602 RE: Proposed Waste Area Pomerleau Property, South Burlington Dear Mike: I have reviewed the enclosed plans dated March 131 1987 submitted by J. A. McDonald, Inc. which detail the access road, stream crossing and waste area proposed for use in relation to construction of the Burlington Southern Connector Project #MEGC-M 5000(1) C/l. The following comments may be pertinent to your review. 1. The 7-foot by 11-foot culvert proposed for installation at the temporary crossing has been checked for hydraulic adequacy by the Agency of Transportation Hydraulics Section. Culvert is to remain in place through 2 complete construction seasons and to be removed in the fall of 1988. 2. All embankment side slopes in the crossing area shall be protected with stone fill (Type II) up to elevation 140. 3. Road profile shall be no higher than shown. Grade should not be elevated more than one foot in the overflow section Stations 7+0 -- 8+0. 4. Silt fence shall be constructed and maintained outside toes of fill slopes at both ends of the crossing. Fill slopes should be modified to 1 on 1 1/2 in order to minimize area necessary to be cleared. Stabilize all fill slopes with seed and mulch. 5. Preserve softwood stands along streambank. 6. Minimize siltation during construction and removal of the culvert crossing by placing stone fill first and removing last. Mike Zahner Vermont Envrionmental Board Re: Proposed Waste Area Pomerleau Property, S. Burlington March 16, 1987 Page 2 of 2 7. Use select granular materials for all roadway embankments. 8. Temporary and permanent erosion control measures shall be as noted on the fill site plan including silt fences, hay bales, berms, stabilized drainage swales, and permanent seeding and mulching. No fill area shall extend down over the bank toward the Potash Brook. Toe of fill should remain at least 25 feet back from the break in slope. If I can be of any other assistance, please let me know. Sincerely, Barry Cah, n, P. E. Stream Alteration Engineer COPIES: Jim McDonald Pete Gipson, Construction Division Jon Anderson State of Vernlont { I"par tnwnt of F 15{1 ,Intl Game I'll rnl of Frn„S(5, Ptvk.5, nn,1 Hot:,4"uum I trrn•nt of INaI,v Rnxrurc1•; 8r E_ nvn tinnicrIt; I Fn,II'I,"I1It, I Nl Itval R,•a)-rrce5 Cons,avat:m, U,,imcil PHONE: 748-8787 March 16, 1987 Pete Gipson, Resident Engineer Agency of Transportation Construction Division 133 State St. Montpelier, Vermont 05602 Dear Pete: AGENCY Or ENVIRONMENTAL CONSERVATION Department of Water Resources and Environmental Engineering St. Johnsbury Regional Office 180 Portland Street St. Johnsbury, Vermont 05819 This is to document the results of our pre -construction meeting on March 5, 1987. 1. Comments related to the proposed road and temporary crossing to the waste area are included in my letter to Environmental Coordinator Mike Zahner dated March 16, 1987. 2. A modified construction scheme is acceptable at the QCPR crossing as shown on the amended plan. 3. Periodic inspections of the permanent relocation channel construction shall be required and a final inspection before turning water into it. 4. Follow construction procedures as outline in the McDonald erosion control planfor all other work and as restricted in my review letter to Andy Buchanan on February 17, 1987 and my letter related to in -stream construction restrictions dated February 19, 1987. Please keep in touch. Sincerely, / Barry C4hoon, P. E. Stream Alteration Engineer copies: Mike Zahner / Jim McDonald Jon Anderson M. E M 0 R A N D U M To: South Burlington Zoning Board of Adjustment From: William J. Szymanski, City Manager Re: Pomerleau Fill Request, 981 Shelburne Road Date: March 20, 1987 1. The Champlain Water District has a large (24") water main in the vicinity of the brook which should be noted on the plans. Approval to fill and cross this main shall be obtained from the Water District. 2. The City has a need for approximately 10,000 cubic yards for improvements to Farrell Park which should have priority over disposal of the Pomerleau site. 3. I question the need for a 50' wide temporary haul road. This is wider than Williston Road. The road should be reduced to 20' -24' at least in the conservation zone to minimize the impact on the area. 4. The fill area shall be top soiled and seeded, haul road removed and area cleaned up to the satisfaction of the City. Those responsible for supervising the project (State of Vermont) should be responsible to see that this is done. LEGAL NOTICES t SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoningg Regulations and Chapter 117, Tide 24 V.S.A., the South Burlington Zon ing Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, March 23, 1987, nt 7:00 pm. to consider the follow- ing: M 1 . Appeal of Charles Ander- son 8 Albert St. Amand seeking a vorionce, from Section 11.10, Permitted uses and approval under Section 19.652 Multiple Uses of the South Burling- ton Regulations. Request is for permission to construct a 60'x160' building occu- pying 4800 square feet as a radio equipment (auto- motive) sales and service and 4800 square feet for warehousing, on a lot con- taining approximately one acre, located at 59 Swift Street. 02. Appeal of Robert Richards, John Rao & Antonio Po- merleau seekingg appproval, from Section 19.652, Mul- tiple Uses and Section 12.20 subsection 12.218 Conditional Uses of the South Burlington Regula- tions. Request is for per- mission to occupy an existing structure con- taining approximately 6500 square feet as o wholesale -retail establish- ment for the sale of meats - fish and produce also in- cludes manufacturing of pasta and baked goods and deli on a lot con- taining 45,000 square feet located at 1525 Shelburne Road. 03. Appeal of William and Di - one Meyer seeking a vari- ance, from Section 19.00, Non -conforming Uses, sub- section 19.003 extensions of the South Budington Regulations. Request is for permission to convert an existing single-family dwelling to a two-fomily dwelling on a lot con- toiningg two acres, located at 1 102 Spear Street. e4. Appeal of Pomerleou Real Estate, Dennis Pomerleou seeking approval, from Section 19.35, Removal and fillingitfi earth prod- ucts of: South Burling- ton Regulations. Request is for permission to fill a par- cel of land containing ap- proximatedy 30 acres, to a maximum depth of 30 feet in conjunction with con- struction of the Southern Connector, located at 981 Shelburne Road sautherly of Burger King. 05. Appeal of Mary and Joan Perry and Judith Bailey seeking a variance, from Section 17.604, Area, density and dimensional requirements and appro- val of Section 17.602 con- ditional use of the South Burlington Regulations. Re- quest is for permission to convert an existing single- family dwelling into a pro- fessional office (dental ce- ramics) on a lot contoirwngg 9800 square feet with 70 feet frontage, located at 321 Dorset Street. Richard Ward Zoning Administrative Officer March 7, 1987 * STAND OUT AND SELL MORE - USE STARSI NOTICE OF AP11EAL SOUTII BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Pomerleau Real Estate 69 College Street, Burlington, Vermont 05401, 863-8211 Name, address of property owner same Property location -and description 41.9 acres (+/-) on Shelburne Road, across from 'Laurel Hill Drive I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the earing fee of $30.00 which is to off -set the cost of the hearing. ~� .3'z3 13 - Hearing Date Signature of Appellant Ernest Pomerleau 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 at (day of week) (month and date) time to consider the following: Appeal of .�' % � +� ' ,,° y c."..�- �� ` .' ...4•r+ �..4 ° �:_..� m� . �� seeking from Section ztA ./'G�s-� of the South l% i�, If Burlington Regulations. Request is for permission to FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 878-3000 4 March 1987 Mr. Richard Ward Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Shelburne Road Site; Conditional Use Application for Filling FILE: 3395 Dear Mr. Ward: On behalf of our Client, Pomerleau Real Estate, and in conformance with Section 19-35 of the City Regulations, we are herewith making application to fill a vacant lot on Shelburne Road. Enclosed please find a completed application and eight (8) copies of a site plan showing the proposed fill area, and our check for $30.00 to cover the administrative fee. The fill, as we have discussed, will be brought in by the J.A. McDonald Company, who is constructing the Southern Connector. This fill, according to McDonald, will total about 300,000 cubic yards, and will contain no stumps or other organic matter. It may, as we've discussed, contain some broken asphalt and concrete. The McDonald firm, through a separate application, is seeking to construct a haul road from Queen City Parkway to this site, across presently -vacant land "behind" K-Mart. This is being done so no truck traffic will be on Shelburne Road. The Pomerleau firm is not invovled in McDonald's efforts to construct the haul road to this site. Addressing more specifically the items in 19.351: a. the maximum depth of fill would not exceed 30 feet. None of this fill would be placed near adjacent properties, except K-Mart, where the fill would be of a nominal 5 or 10 feet in depth. b. we have shown the existing and proposed grades on the enclosed plan. Generally, the desire is to extend the existing grade next to K-Mart, sloping slightly westward toward the railroad tracks. c. we see no adverse effect of the public health or safety by the filling of the site. There are no inhabitated structures near the fill area, and no public roads traverse the site. d. nuissance conditions will be prevented by watering the fill, when necessary, to prevent blowing dust. Design • Inspection • Studies • Permitting Mr. Richard Ward FILE: 8395 4 March 1987 Page Two e. see IV' above. f. as described above, filling this site does not affect the general public or public highways, except where Queen City Parkway is crossed. This crossing will be the responsibility of the McDonald Company. g. erosion will be controlled by ringing the fill area with hay bales, especially where any runoff might reach an existing stream or brook. If necessary, sedimentation ponds will be built and maintained near the existing ravines. Since no watershed contributes stormflow to this site, the amount of stormwater is limited to that generated on -site. At this time, our Client has not approached the McDonald Company to discuss times of operation, days to be worked, or the actual duration of the fill operation. This information can be decided and presented to the Board at the hearing, if necessary. Should you have any questions, please don't hesitate to call us at your convenience. Again, thanks for the time taken to discuss this Project. Sincerely, F ZPATRI -LL NCO GRATED Douglas R. itzPatrick, P.E. cc Pomerleau Real Estate J.A. McDonald DRF:amov FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Box 132 Lyndon Center, Vermont 05850 March 17, 1987 Baird Childrens Center ATTN: Mr. Charles Stringer 110 Pine Street Burlington, VT 05401 RE: Burlington, Vermont - Southern Connector Project Dear Mr. Stringer: In response to our recent discussions concerning our use of Baird Center property for an access road, I would like to make the following proposal for the Board's consideration: 1) J. A. McDonald, Inc. will construct and maintain the haul road throughout the duration of our project. 2) Upon completion of our project, the roadway will be re -graded and seeded. 3) J. A. McDonald, Inc. does not have the right to transfer this right-of-way to any other contractors. 4) The Baird Childrens Center may have the right to use the right-of-way. 5) This right-of-way shall be surrendered upon the completion of this contract. 6) J. A. McDonald, Inc. will provide the Baird Childrens Center with our Certificate of Insurance (Copy enclosed). 7) J. A. McDonald, Inc. will pay the Baird Children's Center the sum of $2,000.00 for the right-of-way, to be considered as total compensation for the duration of this project. 1 -- Baird Childrens Center Mr. Charles Stringer March 17, 1987 Page 2 8) J. A. McDonald, Inc. will be responsible for all permits and all costs associated with the construction and maintenance of the haul road. If you need any further information, or would like to discuss this proposal with me, please feel free to call. I can be reached at our Burlington Office at 862-6412. Sincerely, J. A. McDONALD, INC. �Rpo>.l �iRSTr�'�Ai•l Gordon Eastman Vice President 3/13/87 PRODUCER PAIGE K C A ii 1` B E I._L. INC BOX q 6 9 EiARFiE VT 0:`i611. INSURED J A MCDONi)- [A) INC B 0 X 1 3A" LYNDON CENT EI VT 0:i850 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO HIGHIS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVER. AGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY TRraLIE:L.I:::I;S INSLff0INCl::. COS LETTER A COMPANY TRAVEL.E::F"'S I:NSLJFiANCE: COS LETTLR B COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BFLOW HAVE BF EN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE. INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI TIONS OF SUCkI POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMB[.R NIL) CYtIII(TIVI, ;,ATE (MWijD YY, POLICY EXPIHATION I)ATE IMM,UU.'YYI LIABILI TY LIMITS IN THOUSANDS A .H O C HREN' AGGREGATE A GENERAL LIABILITY 65C-815F 800i 1 /.1.0/cif 1,"..'./10/8 BCn_,,tY COMPREHENSIVE FORM N AM PREMISES/OPERATIONS UNDERGROUND EXPLOSION &COLLAPSE HAZARD PROPER Tv UAMAcI( '.PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL LoMBINLU L, J00 ~ �: !h .J00 INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMA(,E )PERSONAL INJURY 6r5j0L11:i1 13001 PERSONAL_ INJURY `�00 E; AUTOMOBILE LIABILITY 1;� /10/,3c c' 1. 211.018 HOU NJUIRY (PER PLRSONI BOUILY INJURY ANV AUTO ALL O'NNED AUTOS PEH ACCIDENT) )RED AUTOS PH OPER TY ON -OWNED AUTOS DAMAGE GARAGE LIABILITY BI & PU LUMBINE U EXCESS LIABILITY UMBRELLA FORM BI & PU COMBINED OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY (EACH ACCIDENT) AND _ (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY (DISEASE -EACH EMPLOYEE) OTHER UGOI.Klrl IUTV Ur UPLRAI IUTV!�/LULA I IUTNJ/VLHICLLS/SPECIAL ITEMS FiE EI.JRLI:NGTON PROJL C:T 1: I✓I_GC-- I15000 (1) C/ 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY THE I':AI.I'lD t.H ILA)REN CEN T E.I't WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO PINF C; 1"REJ*.T THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MA SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF L- U LINGTON VT 05401, A KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AU ORILED REPRESENTATIVE j0,6