HomeMy WebLinkAboutSD-76-0000 - Supplemental - 0981 Shelburne RoadCITY OF SOUTH BURLINGTON
APPLICATION
FOR A DEVELOPMENT OR SUBDIVISION PERMIT
1Pomerleau Real . Applicant's Name, Address, and Phone Number .
Estate Co., 184 S. Winooski Avenue, Burlington, Vt. - 863-2841
2. Name, Address, and Phone Number of the Person Whom the
Commission should contact regarding this Application
Ernest A. Pomerleau, c/o Pomerleau Real Estate Co.
above address.
3. Nature of the Development or Subdivision
Restaurant
4. Location of Development or Subdivision
Westside Route #7.
5. High and Low Elevations of the Tract of Land involved
with the Development or Subdivision
6. Address of each of the Applicant's Offices in Vermont
Same as #1.
7. Applicant's Legal Interest in the Property (Fee Simple,
Option, Etc.)
Lease.
- 2 -
t
8. If the Applicant is not an individual, the Form, Date,
and Place of Formation of the Applicant FORM:
DATE• PLACE:
9. Estimated Cost, Exclusive .of Land Cost of the Development
(Applicant for a Subdivision Need Not Lswer)
10. Application for a Subdivision, the Number of Lots
Three (3)
11. What Restrictive Covenants are Planned for any Deed(s) to
be issued?
N/A
12. Description of the Proposed Development of Subdivision
A. Plans and Specifications:
(1) _Attach a detailed plat or plot plan of the
proposed project drawn to scale, showing the
location and dimensions of the entire tract.
This plan should also show: all lots, streets,
roads, water lines, sewage systems, drain
systems, buildings, existing or intended.
(2) In subdivisions where individual water and
sewage facilities are intended, indicate the
proposed location(s).
(3) Show all easements, parks, playgrounds, parking
areas, water courses, and other bodies of water,
natural or artificial, existing or intended.
(4) Include a contour maD of the land involved
drawn on a scale of 5 foot contour intervals.
(5) Indicate on the plans the location and width of
any easements for utilities, roads, etc., exist-
ing or intended. Attach a written explanation
of any such easements.
-3-
13. What is the purpose of this Subdivision or Development
and What is the intended use of the land after Subdivision
or Development?
%CF��U�,�� T.
14. Describe the Site of the Proposed Development or Subdivis-
ion including information, if available, on Soils, Streams
or Other bodies of dater, Bedrocks, Etc.
,'ill St'rc.
15. Acreage:
A. Number of acres owned, or in which you have a legal
interest 43 Acres
B. Number of acres in this project 1.842 Acres
C. Number of acres previously developed 1.83 Acres
D. When do you anticipate beginning the project Fall
E. When will. this development or subdivision be completed
Spring
16. Water System:
A. What type of water system is to be provided, such as:
Individual system on each lot, community system,
municipal system, etc. Municipal
B. Where is the nearest municipal water system and is it
available and feasible to use it? Route #7
17. Sewage System:
A. Unat type of sewage disposal system is to be provided
or intended, such as: Individual system on each lot,
community system, or municipal system? Municipal
- 4 -
B. Where is the nearest community sewage system and is
it available and feasible to use it?
Route #7
C. If the sewage system is other than a community,
municipal, or individual lot septic tank and leaching
field, include competent professional engineering
evidence that it will perform satisfactorily.
18. Adjacent Property:
A. List below the names and addresses of adjacent property
owners. E
B. What is the adjacent property used for at present?
Commercial
C. What is the future usage intended for the adjacent
property? Commercial
19. Zoning:
A. Which District or Districts is the proposed site with-
in according to the official zoning map of the City?
DATE.
SIGNATURE �� c.
PLANNING COMMISSION SEPTEMBER 14. 1976
The South Burlington Planning Commission held a meeting on Tuesday,
September 14, 1976, in the Conference Room, Municipal Offices, 1175
Williston Road.
MEMBERS PRESENT
William Wessel, Chairman; James Ewing, Ernest Levesque, Prank Lidral,
David Morency, Sidney Poger, Kirk Woolery
MEMBERS ABSENT
None
OTHERS PRESENT
Stephen Page, Planning Assistant; John P. Michaels, R. E. Curtis, Jim
Fayette, Fred Fayette, Jr., Wm. J. Schuele, Gerald Milot, Dick Bruce,
Ray Laurence, Paul Farrar
The meeting was opened at 7130 p.m. by Chairman Wessel.
Minutes of September R, 1976
It was noted on page 3 of the Minutes, in line 15 of the report on the
South End Connector Task Force, the word whole should be changed to new.
The words the whole way should be changed to the railroad track.
I.n the 5th line from the bottom of the same page Burlington should be
South Burlin ton and the words because the Urban Renewal area has to
ow should be deleted with the following wording substituted as to their
Position on the South End Connector. --------
On page 4 in the motion made by Mr. Lidral the words as amended Inserted after
Williston Road Task Force. —
It was moved ky Mr. Ewing, seconded by Mr. Levesque, and voted unanimously
to accept the Minutes of September 8L1L?6.,_as amended.
Chairman Wessel stated the Site Plan Review for Bonanza Sirloin Pit and
Pizza Hut was to be deleted -From tie agen a ecause t� app�canfs Ga ,5-
the Zoning Board j{A
Subdivision of Pomerleau propertY, Shelburne Road, Mr. Ernest Pomerleau
--__ _--- ----------
Mr. Page said most of the concerns he would have would occur when development
of the balance of the property was being contemplated; the present proposal
is to set off one conforming lot.
Mr. Pomerleau explained this is a very large tract of land; they have con-
sidered various stages of what is the highest and best use of the property
and there is no way he could give a detailed concept of what the future is
going to hold for the tract. The future is dictated by interest rates,
changes in retail business. etc.
2.
PLANNING COMMISSION SEPTEMBER 14 19Z6
Mr. Pomerleau said they are paying a tremendous amount in taxes on this
particular piece of land since the reappraisal of property in South Burlington.
A road at the rear of the property could affect the way the property is
developed; they do not have any proposed layout at this time for the balance
of the roperty. He said they are requesting to subdivide this particular
lot (#2s for which they have a lease arrangement with Sambo's. They would
be agreeable to the proposal for a sidewalk.
There was discussion of the 20 foot right of way, whether it should be assigned
to Lot #1 even though they were not using it. Mr. Pomerleau said it wasn't
developable. Mr. Page said it was a sort of No ;can's Land; perhaps Burger King
would like to acquire 20 feet more. Mr.'Exing said that would mean a street
80 feet wide instead of 60. Mr. Pomerleau said he would appreciate the word-
ing on a right of way that they don't know exactly what they are going to be
doing there; there might be some other use that the 20 feet might fall into;
in essence, regardless of the wording,it would become a conditional effect
to this whole thing, perhaps for parking or landscaping.
Mr. Poger said he didn't know what kind of development in back of this would
encourage parking in such a narrow area so close to Shelburne Road.
Mr. Pomerleau said the wording of the right of way is such that it limits him
and gives up that land; he might want to use it for some specific purpose.
Mr. Poger said then he would assume that when there was development in back
that 20 feet would not be used for either frontage or part of the acreage
for an additional lot in back; it would then be impossible to use it as a
developable lot.
Mr. Page felt it could be made part of a lot; he didn't see any conflict in
allowing it to be used; this little strip would give them the amount needed;
he didn't see any conflict in having it landscaped and being part of a con-
tinuous piece of property.
Mr. Poger asked if they would be able to use it if it is designated as a
right of way.
Mr. Page said the right of way could be an easement instead of having the
City owning it. In writing the subdivision regulations they went up to 80
feet for a right of way.
Mr. Poger said he understood a 60 foot right of way was to be set aside
opposite Laurel Hill.
Mr. Pomerleau said he thought they were all talking abstractly. He would
make an agreement that they would line up with this street, but it is a
matter of how the land is going to be utilized at the time it would go up
for review by the Board.
Mr. Ewing said perhaps the 20 feet would be a good location for a bus stop.
The location o�l��e entrance and the possibility of a future service road
were discussed, a hope of limiting curb cuts on Shelburne Road, and the
possibility of a future median barrier on Shelburne Road. Mr. Pomerleau
said just a simple feeder road off a major traffic artery can discourage
20% of the people from making that turn, and that 20% can determine whether
an operation stays in business or goes out of business.
Chairman Wessel told Mr. Pomerleau there was a large piece of land with
a potential for very intensive development and his personal preference
would be for him to come back in with a more complete site plan to give a
clearer understanding of what is goinfnto happen.
Mr. Pomerleau said that could put him a very difficult situation, trying
to explain concepts that were entertained but not materialized. There are
I
_ PLANNING COMMISSION SEPTEMBER 14, 1976
so many external things affecting the development which are entirely out of
his hands such as interest rates and business conditions but because of the
high appraisal they have got to come up with some type of proposal but there
is no way they can know exactly what they will be doing with that piece of land.
They do not want to go to the expense of a speculative thing.
The Chairman asked what powers the Commission has to require a more complete
plan to be brought in.
Mr. Page said he didn't think that question could be answered.
Mr. Poger said he could sympathize with Mr. Pomerleau wanting to keep his
options open but the Commission doesn't want to give him a blank check.
He is not trying to do strip development; he is trying to preserve a large
piece of property at once. If the Commission tries to force him to develop
in little pieces, he is being pushed or forced to do the opposite of what
the Ccxgmission wants.
tting off this lot was a compromise but
Mr. Poger said he recognized that se
he didn't recognize it as being a bad compromise.
Mr. Ewing felt there was a good possibility Mr. Pomerleau would be coming
in for another lot.
Mr. Levesque said the Commission could always deny it at that time.
Mr. Page said there would be 300 feet of frontage remaining between Burger
King and Sambo's. If there were to be a lot #4, there would be a total of
two curb cuts for 700 feet of frontage, one leading into the interior of the
property and also for Burger King. Lot #4 would come off that access road
there would only be one more curb cut than now exists.
Mr. Wessel felt if this lot is allowed, there would be the possibility of the
owner coming back for another lot.
Mr. Woolery said then there would be the option of re-examining the curb
cut for Sambo's.
Mr. Ewing asked if there would be a possibility of putting another access
road across lot #2.
Mr. Wessel said he had reservations about such a large amount of unoccupied
space and no real basic information on how it is going to be handled. He
wants to know what is going to happen to it.
Mr. Schuele asked how much of this discussion ends up in the official
records of the transaction.
The Chairman explained the motion the Commission makes has the standing
of the interpretation of the law; a file folder goes with each particular
case. It is not legal when it is part of the discussion only.
Mr. Poger moved that the Planning Commission approve the subdivision
application for the Pomerleau property on Shne Poa_—thelloxing
stlpu]ationsi 1 that the right of way for the access road to the rear of
the property be in line with Laurel Hill Drive; 2 that a sidewalk be ex-
tended from Burger King to Gulf 011; 3) that Lot #2 and other lots to be
developed_In the future will have access to the access road in order to
maintain the minimumumbner _of curb cuts on Shelburne Road; and 4 that
access be provided between Lot #2 and the Gulf oil property.
Seconded by Mr. Levesque.
Mr. Levesque suggested an amendment for aesthetic reasons that the sidewalk
be constructed along the entire frontage of the subdivision.
This amendment was accepted by Mr. Foger.
4.
PLANNING COMMISSION
SEPTEMBER 14, 1976
Mr. Poger's motion was carried by a vote of 3 to 2. Mr. Wessel and Mr.
Ewing voted negative, Mr. Morency abstained. (Mr. Lidral did not participate
in the discussion or the vote
Consideration of sketch plan proposal for subdivision of Quarry Hill Property,
Messrs. Milot, Curtis, and Laurence
Mr. Page said the prime concern was access, the intersection with Spear
Street, also the access to the remaining 28 acres which is pretty intensely
zoned, R-7 to the north of the proposed lots and farther north of that is BPD.
Mr. Poger asked about the status of the lots approved by the Planning Com-
mission sometime ago, have they ever been developed.
Mr. Page said they are now being developed.
Chairman Wessel stated this was not a publicly warned hearing but is a very
open and free discussion.
A drawing of the property was displayed on the board by Mr. Laurence.
The access for the Quarry Hill Road was indicated. The land in question goes
down the Quarry Hill Road for 674 feet, and the request is for two parcels of
land, a total of 11 acres for 77 units. This 11 acres runs adjacent to the
right of way of 50 feet but does not include the right of way. The golf
course would remain as is. This complex of 77 units would still allow Mrs.
DesLauriers to have a 9-hole course; she has an agreement with the buyers to
maintain two fairways and two tees in this area. This land would be set
aside if she no longer used it a3 a golf course.
Mr. Poger who would Xi maintain, the open space if the golf course should be
abandoned in the future.
Mr. Milot said he thought it would be their intent to maintain it, not
necessarily as a golf course, but as green space because it adds to the
aesthetic value of the property.
Mr. Poger suggested it might be to the advantage of the developers, once they
had rented or sold those units, to have some screening from the Interstate.
Mr. Milot said they plan to do some screening for the noise factor. He said
his main concern was that for the people living in the apartments the sur-
roundings should be the natural beauty of lawn. He would want to keep the
property mowed and not let it be overgrown.
'�r. Poger asked if the only thing they were talking about now was the sub-
division of the area from the Quarry Hill right of way, beginning at the back
of that right of way. He asked if that access had enough width for a City
street.
Mr. Page said it would be a minimum of 60 feet, possibly 70 feet, for a
secondary street.
Mr. Poger mentioned the problem now of getting in and out from Spear Street.
Mr. Laurence explained the apartment complex would be serviced by a road
adjacent to the Quarry Hill road.
Mr. Poger said he was concerned about the dirt road, was it part of what should
be required as a right of way for the City street; also he was concerned.
about the sharp decline at the access, making it difficult to see traffic.
Mr. Page mentioned the 5 acres remaining to the north of this parcel; the
golf course is not going to stay a golf course forever; possibly there could
be a conversion of the existing facilities in conjunction with a motel.
Since this is the best access to that property, it has got to be adequate.
ADMINISTRATIVE CHECKLIST
PROJECT NA:iE/FILE REFERENCE Parbl� 1�►�1�fZ74� , �H�Lt3t,S�f.1,�
1. LETTER OF NOTIFICATION & APPROVXL 1,116TION OR FINDINGS & ORDER 7 � - .s
2. BONDING OR ESCRO ( AGREEM -WI S
L i:?D S C .PING M/A
_;_:-- DAIi3AG
_c0DS
CURBS DON�
• Q ID ALKS ESCf
(NOTE ALL RELEASES OR AGREEMENT REVISIONS)
3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTED &
INSPECTIONS COMPLETED, ETC.:
,411!s-ID..4 9�14 �(o
4. UTILITY EASEMENTS *, BILLS OF SALE
RLCORDrZ
CC7_ TID
5. CERTIFICATE OF TITLE x
6. RO .D YS
DE 2—IS FOR CITY STREETS ACCEPTED
PR= A!fE ROAD & WAIVER AGREEMENT x
7. FIN a L PLAT OR RECORD COPY - STAMPED
8. PEDESTRIAN EASEMENTS ���
ACCEPTED & RECORDED
FILED
SIGNED, & FILED OR RECORDED
9. MIcC-..L7lANEOUS AGRE:-MENTS
LA'rD FOR ROAD WIDENING
OFFER OF IRREVOCABLE DEDICATION
FUTURE ACCESS POINTS --- tJ V VC&D 4JPP- 1.-buW-1,41lilt M
SH,;REDl ACCESS POINTS - S -rO GO►-4f4rC�" `CV c=?LJW SM"s - `
OTHER � ST4P • �'3 ZE � Ftzakl 'lam/ pt>- --Fc, �.�� 6� J\
10. COPY OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES)
11. F ES - P AID/DATE
H �2I !G / \
EU I LD Ir., G P -Rl4IT
! SP .
P-ECREATIC'i (RECORD CALCULATIONS AND DEPOSIT IN ACCGUiv'T)
i , e . , "Oi7 LI4% C." �VriLUATI0211: SCHOOL I'.IDS CAR COUNTS
City of South Burlington
1175 WILLISTON ROAD
,�♦.. SOUTH BURLINGTON, VERMONT 05401
... •�' TEL. 863-2891
May 4, 1977
Mr. Ernest Pomerleau
184 South Winooski Avenue
Burlington, Vermont 05401
Dear Ernie:
Per our phone conversation today, regarding your approved
subdivision and Sambo's site plan, I have enclosed the motions
of approval.
Prior to issuing a building permit for Sambo's, we will
expect (as discussed on the phone) full compliance with thes
conditions of approval, which includes a plat to be recordAJ
showing: a complete survey of lots 1 & 2, a surveyed line
along the Shelburne Road frontage, and a future access point
opposite Laurel Hill Drive. We will expect a complete peri-
meter survey of your entire parcel off Shelburne Road when and
further development or subdivision is proposed.
Call if you have any questions.
Yours truly,
Stephen Page,
SP/dlg
if
FORM 901 VERMONT • WARRANTY DEED
VITI HA I 3:mv.
' •
That We, LAUREN P. MERRIHEW, JOHN H. WATERHOUSE
and ANN WATERHOUSE
Of South Burlington in the County of Chittenden
and State of Vermont Grantors , in the consideration of
----------------------ONE AND PORE------------------------- Dollars
paid to our full satisfaction by
CITY OF SOUTH BURLINGTON
of South Burlington
in the County of
Chittenden
and State of
Vermont
Grantee , by
these presents, do
freely oibe,
grant, 6eli,
Conbep anb Confirm
unto the said Grantee
CITY OF SOUTH BURLINGTON,
certain piece of land in
County of Chittenden
follows, viz:
successors -
and its &dw and assions forever, a
South Burlington
in the
and State of Vermont, described as
Being a strip of,land 12 feet in width commencing at a
point in the westerly sideline of Shelburne Street,
which point is approximately 165 feet southerly of the
intersection of Shelburne Street and Laurel Hill Drive,
in South Burlington; thence continuing in a southerly
direction in and along the westerly sideline of Shelburne
Street for a distance of 200 feet; thence turning to
the right and proceeding N 78' 35' 50" W for a distance
of 12 feet to a point; thence turning to the right and
proceeding in a northerly direction in a line parallel
to the westerly sideline of Shelburne Street for a
distance of 200 feet; thence turning to the right and
proceeding S 70° 41' 30" E for a distance of 12 feet to
the point or place of beginning. Meaning hereby to
convey a strip of land 12 feet in width, having a
frontage on Shelburne Street of 200 feet.
It is understood by the parties hereto that the parcel
of land herein conveyed shall be used by the Grantee
solely for the purpose of widening Shelburne Street,
should the Grantee ever undertake to widen Shelburne
Street, and for no other reason.
Being a part or the land and premises conveyed to the
within Grantors by Quitclaim Deed of Pauline Gaboriault,
dated January 26, 1972 and of record at Volume 74, Page
421 of the City of South Burlington Land Records.
Reference is hereby made to the above -mentioned instruments,
the records thereof and the references therein contained
in further aid of this description.
Ta -b bt anb-- to bOlb-saidgranted premises, with- all the privileges and ap-
purtenances thereof, to the said Grantee ,
CITY OF SOUTH BURLINGTON,
its successors ba6u and assigns, to their own use and behoof forever;
.gnd we the said Grantor s ,
LAUREN P. MERRIHEW, JOHN H. WATERHOUSE and
ANN WATERHOUSE,
for ourselves and our heirs,
executors and administrators, do covenant with the said Grantee ,
CITY OF SOUTH BURLINGTON, its successors
*eixs and assigns, that until the ensealing of these presents we are
the sole owner s of the premises, and have good right and title to convey the
same in manner aforesaid, that they are Free f rom ebery encumbrance;
excepting a certain Lease between the within Grantors as Landlord and Burlington
Mall, Inc., as Tenant; and we do
hereby engafe to arrant anb ref enb the same ajainst all lawful claims
whatever, except as above -mentioned.
,fin itnegg Mbereof, , we
this day of Ap r i 1
�Itt pre!enre of
hereunto set our hand and seal
✓1. D. 19 7 7.
j
Lauren P. M rrihew
John' H. Waterhouse
Ann Waterhouse
ONtate of Vermont, gg� .4t Burlington this
Chittenden Copntp .?e;� ZI, day of April .4. D. 19 77 ,
LAUREN P. MERRIHEW, JOHN H. WATERHOUSE
and ANN WATERHOUSE
personally appeared, and they acknowledged this instrument, by
them sealed and subscribed, to be their free act and deed.
Before me _
No ry 'Public
(Title)
STATE OF VERMONT
1
1& PROPERTY TRANSFER RETURN NO. A 361479
DEPARTMENT OF TAXES '
F
MO NTPELIER, VERMONT 05602
I.
se£teR (1tL1N5FERoq NAMES)
MATTING AaDRRf55 IN FULL INCLUDING ZIP CODE
SOCIAL SECURITY NUMBER
IKM P. MERRIHEW
WYFR ORANSFERf£) NAME(SI
MAILING ADDRESS IN FULL - INCLUDING ZIP CODE
SOCIAL SECURITY NUMBER
CITY OF SOM Bt RIM4G'PON
South
LOCATION (Such as "173Maple St., Burlington" OR "The Smith Form, Old Mill Road, Tunbridge"). If property is located in two towns, Please list both.
West side of ShelbuTrnP Strut, SC71Tth Trl ingtrn
•
•
If the Transferees acquired less than the entire interest (Fee Simple) in the property, please state the interest acquired (such as "Life Estate", "Perpetual Easement", etc.)
•
LL
APPROXIMATE LAND SIZE: I ACREAGE: AND LOT 91ZE: FRONTAGE: NMI DEPTH: 1
LL
Moose check the, applicable box(es) describing_ existing buildings.
I NONE 2 HOUSE 3 ❑ BARN A [—]MOBILE HOME 50STORE
Idi-
6 FACTORY 7 a CAMP or VACATION HOME B ❑APARTMENT, NO. UNITS 9 [—]CONDOMINIUM, NO. UNITS 10[] OTHER
Please check The category which best describes the use of the property BEFORE TRANSFER as shown in the GRAND LIST BOOK.
I a PRIMARY RESIDENCE 2 [—]OPERATING FARM 3 ❑COMMERCIAL A ❑ INDUSTRIAL - 5 ❑ CAMP OR VACATION
6 ❑ TIMBERLAND 7 0 GOVERNMENT USE 8 ® OPEN LAND 9 0 OTHER (EXPLAIN)
Please check the category which best describes the proposed use of the property AFTER TRANSFER.
I a PRIMARY RESIDENCE 2 QOPERATING FARM 3 [--]COMMERCIAL A ❑ INDUSTRIAL 5 []CAMP OR VACATION
•
6 ❑ TIMBERLAND 7 GOVERNMENT USE 8 OOPEN LAND 9 OTHER (EXPLAIN) Used to widen road
•
• THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PROPERTY TRANSFER TAX. If such an exemption is claimed, you need not complete
•
the section titled "TAX", but you MUST COMPLETE rho section titled "VALUE". No. 2 Property acquired by subdivision of
•
CITE EXEMPTION and EXPLAIN: State of Vermont.
•
REAL PROPERTY VALUE INCLUDES the value of any notes, property, stocks, bonds, etc. given to Transferor, and the value of any mortgages or liens ossumedby the irons-
feree. If the transfer was a gift or was for nominal consideration, give the estimated fair market value of the real propertyy, transferred
TOTAL PRICE PAID S LESS PERSONAL PROPERTY $ REAL PROPERTY VALUE s
TAX PAYMENT DUE: FIVE TENTHS OF ONE PERCENT (0.005) OF THE AMOUNT SHOWN ABOVE, BUT NOT LESS THAN $1.00 (FOR EXAMPLE: IF THE VALUE WAS $10,000,
THE TAX DUE IS WDO; IF THE VALUE WAS $100., THE TAX DUE IS $1.00). MAKE CHECKS PAYABLE TO "VERMONT DEPARTMENT OF TAXES".
PAYMENTS
If there were circumstances in the Transfer which suggest that the price paid for the property was either more or less than its fair morketvolue,
please explain: ---
DATE SELLER ACQUIRED: 1/26/72 IF BY GIFT, DATE DONOR ORIGINALLY ACQUIRED:
IF A VERMONT LAND GAINS TAX RETURN IS BEING FILED, ENTER LAND GAINS TAX RETURN NUMBER HERE: t
IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CHECK THE APPLICABLE BOXES FOR REASON(S):
EASEMENTDMkOPMENT OR
PERPETUAL YEARSD 6
7 �wER Rf510fIKE 3 REASONTRANSFER BY RANSIFIllit TO MORTGAGE[ IN Of DEATH A FORKLOSURFF OR VOLUNTARY S ❑X 6El LOCAL DEVELOPMENT
$00 OR LESS OF ORIEWAR
(TENANCY BY THE ENTIRETY ONLY) CONVEYANCE IN LIEU CK CORP.
FORECLOSURE (WHERE NO GAINI (SEE TITLE 10 VSAI
TIO- 9 a STRAW TRANSFER 10 1:1 CORRECTIVE DEED
• e • + 7 ❑ GIFT 8 ❑
FROM ES ATE
Jiiunnnuuuiiiuiiiuiiiiuiii nninnun�nuunniimmi� Jniiuiunuiiuiiiiiiuuuiiiiii nunnnununnmuunau
= 32 V.S.A. 99606 (Board of Health Subdivision Regulollons) _ = d2 V.S.A. 596W ;Vermont Land Use and Development Plans Act) —_
This Transfer Boaris9—, is M compliant• with the SubdiSubdivisionReguleis ton. ❑
pliae with Chopw 151 of To" 10,
of t d of o1M. This T-0.r in compliance
V.—, StaNtes Annorar•d
_ (Vermont H-111, Regulations, svbchopser 10, as tutserfd•A)
PERMIT NUMBER PERMIT NUMBER S
IN .—Fit, 11af• rwson (s•• instruction.) _ = If .x.mpt, swt..�rown (see msrrucrions)
CERTIFICATION - Flood Hazard Areas - Pursuant to 32 VSA §9606 I/we hereby swear and affirm that I/we have in-
vestigated and have disclosed to each party involved in this transfer, all of my/our knowledge regarding FLOOD '
REGULATIONS if any which affect the site hereinbefore described.
UNDER PENALTIES OF PERJURY, I HEREBY SWEAR OR AFFIRM THAT I HAVE EXAMINED THIS RETURN AND TO THE BEST
OF MY KNOWLEDGE AND BELIEF, IT IS TRUE, CORRECT AND COMPLETE. I FURTHER SWEAR OR AFFIRM THAT THE CER-
TIFICATES REQUIRED BY 32 V.S.A. SECTION 9606 AND 9608 HAVE BEEN COMPLETED AND TO THE BEST OF MY KNOWL-
EDGE A
MD BELIEF AR TRUE AND RRECT.
City of South Burlington
BUYER(S) SIGNATURE(S) DATE
Lauren P. Me ew
'Duly
Authorized Agent
o
AMWaterhouse PREPARED BY �
PREPARER'S SIGNATURE I -(PRINT OR TYPE, ► Gravel, Shea & Wright, Esgs .
PREPARER'S ADDRESS► A.+...+..e, b1r1inpj-c'•'T _'_0
ACKNOWLEDGEMENT TOWN NUO"Elt
TOWNICITY RETURN RECEIVED. TAX PAID. BOARD OF HEALTH CERTIFICATE RECEIVED
DATE OF RECORD VERMONT LAND USE AND DEVELOPMENT ►LAN'S ACT CERTIFICATE RECEIVED.
•OOK NUMBER PAGE NO -RETURN NO.
LISTED VALUE IT GRAND LIST OF 19 SIGNED CLERK
MAP AND PAR''. NC' —_.— DATE
LAW OFFICES OF
EWING & SPOKES
86 ST. PAUL STREET
BURLINGTON, VERMONT 05401
JOHN T. EWING
April 14, 1977 AREA CODE 802
RICHARD A. SPOKES 863-28S7
JOSEPH F. OBUCHOWSKI
Steven Page
1175 Williston Road
South Burlington, Vermont
Dear Steve:
Enclosed please find a photocopy of a proposed deed in
connection with the Sambo's application. Would you please
review the description and let me know if it meets with your
approval.
Very truly yours,
r'
Richard A. Spokes
RAS/tb
Enclosure
FORK, 901 VERMONT • WARRAN'rY DEED
Lys TUTBLANX R[oiercneo 0. a re. nl nc[
TUTTL[ LAW PRINT. PURLIS.CRS. Rvru we, — —.1
Tbat We, LAUREN P. MERRIHEW, JOHN H. WATERHOUSE
and ANN WATERHOUSE
Of South Burlington in the County of Chittenden
and State of Vermont Grantors , in the consideration of
----------------------ONE AND MORE------------------------- Dollars
paid to our full satisfaction by
CITY OF SOUTH BURLINGTON
Of South Burlington
in the County of
Chittenden
and State of
Vermont
Grantee , by
these presents, do
freely O[be,
Orant, *err,
Conbep anb (Confirm
unto the said Grantee
CITY OF SOUTH BURLINGTON,
certain piece of land in
County of Chittenden
follows, viz:
successors
and its / &xim and assigns forever, a
South Burlington
in the
and State of Vermont, described as
Being a strip of land 12 feet in width commencing at a
point in the westerly sideline of Shelburne Street,
which point is approximately 165 feet southerly of the
intersection of Shelburne Street and Laurel Hill Drive,
in South Burlington; thence continuing in a southerly
direction in and along the westerly sideline of Shelburne
Street for a distance of 200 feet; thence turning to
the right and proceeding N 78' 35' 50" W for a distance
of 12 feet to a point; thence turning to the right and
proceeding in a northerly direction in a line parallel
to the westerly sideline of Shelburne Street for a
distance of 200 feet; thence turning to the right and
proceeding S 70' 41' 30" E for a distance of 12 feet to
the point or place of beginning. Meaning hereby to
convey a strip of land 12 feet in width, having a
frontage on Shelburne Street of 200 feet.
It is understood by the parties hereto that the parcel
of land herein conveyed shall be used by the Grantee
solely for the purpose of widening Shelburne Street,
should the Grantee ever undertake to widen Shelburne
Street, and for no other reason.
Being a part of the land and premises conveyed to the
within Grantors by Quitclaim Deed of Pauline Gaboriault,
dated January 26, 1972 and of record at Volume 74, Page
421 of the City of South Burlington Land Records.
Reference is hereby made to the above -mentioned instruments,
the records thereof and the references therein contained
in further aid of this description.
190 babe anb tO bOCb said granted premises, with all the privileges and ap-
purtenances thereof, to the said Grantee ,
CITY OF SOUTH BURLINGTON,
its successors b&m and assigns, to their own use and behoof forever;
.4nd we the said Grantor s ,
LAUREN P. MERRIHEW, JOHN H. WATERHOUSE and
ANN WATERHOUSE,
for ourselves and our heirs,
executers and administrators, do covenant with the said Grantee ,
CITY OF SOUTH BURLINGTON, its successors
beias and assigns, that until the ensealing of these presents we are
the sole
owner s of the premises, and
have good right
and title to convey the
same in
manner aforesaid, that they are
Free f rom
eberg encumbrance;
excepting a certain Lease between the within Grantors as Landlord and Burlington
Mall, Inc., as Tenant; and we do
hereby engage to arrant anb Di denb the same against all lawful claims
whatever, except as above -mentioned.
In
Witneo
Mbereof,
we hereunto set
our hand and seal
this
day
of Ap r i 1 .4. D.
19 7 7.
Iln,,)retwnrr of
Lauren P. Merrihew
John H. Waterhouse
Ann Waterhouse
jg'tate of 'Vermont, g!5. .4t Burlington
Chittenden Countp day of April
LAUREN P. MERRIHEW, JOHN H. WATERHOUSE
and ANN WATERHOUSE
personally appeared, and they
them sealed and subscribed, to be
Before me
this
.4. D. 19 7 7,
acknowledged this instrument, by
their free act and deed.
Notary Public
(Title)
WARRANTY
LAUREN P. MERRIHEW,
JOHN H. WATERHOUSE and
ANN WATERHOUSE
� 13
CITY OF SOUTH BURLINGTON
77
SOUIH BURLINC"�TI� -i�1ty CLERKS OFFICE
RECEIVED FOR RECORD
AT O'CLOCK -MINUTES-M.
AND RECORDED IN
BOOK PAGE OFLAND RECORDS
ATTEST
LERK
RECORDERS FEE
1
�at.s�c c>)
CITY OF SOUTH BURLINGTON
APPLICATION
FOR A DEVELOPMENT OR SUBDIVISION PERMIT
1. Applicant's Name, Address, and Phone Number
Pomerleau Real
Estate Co., 184 S. Winooski Avenue, Burlington, Vt. - 863-2841
2. Name, Address, and Phone Number of the Person Whom the
Commission should contact regarding this Application
Ernest A. Pomerleau, c/o Pomerleau Real Estate Co.
above address.
3. Nature of the Development or Subdivision
Restaurant
4. Location of Development or Subdivision
Westside Route #7.
5.
High and Low Flevations of the Tract of Land involved
with the Development or Subdivision
6. Address of each of the Applicant's Offices in Vermont
Same as #1.
7. Applicant's Legal Interest in the Property (Fee Simple,
Option, Etc.)
Lease.
- 2 -
t
$. If the Applicant is not an individual, the Form, Date,
and Place of Formation of the Applicant FORM:
DATE: PLACE:
9. Estimated Cost, Exclusive .of Land Cost of the Development
(Applicant for a Subdivision Need Not hswer)
10. Application for a Subdivision, the Number of Lots
Three (3)
11. What Restrictive Covenants are Planned for any Deed(s) to
be issued?
N/A
12. Description of the Proposed Development of Subdivision
A. Plans and Specifications:
(1) Attach a detailed plat or plot plan of the
proposed project drawn to scale, showing the
location and dimensions of the entire tract.
This plan should also show: all lots, streets,
roads, water lines, sewage systems, drain
systems, buildings, existing or intended.
(2) In subdivisions where individual water and
sewaF-e facilities are intended, indicate the
proposed location(s).
(3) Show all easements, parks, playgrounds, parking
areas, water courses, and other bodies of water,
natural or artificial, existing or intended.
(4) Include a contour maD of the land involved
drawn on a scale of 5 foot contour intervals.
(5) Indicate on the plans the location and width of
any easements for utilities, roads, etc., exist-
ing or intended. Attach a written explanation
of any such easements.
aw 11 ML.%Ao'; .
-3-
13. What is the purpose of this Subdivision or Development
and What is the intended use of the land after Subdivision
or Development?
14. Describe the Site of the Proposed Development or Subdivis-
ion including information, if available, on Soils, Streams
or Other bodies of Water, Bedrocks, Etc.
Dx!z So:c
15. Acreage:
A. Number of acres owned, or in which you have a legal
interest 43 Acres
B. Number of acres in this project
1.842 Acres
C. Number of acres previously developed 1.83 Acres
D. When do you anticipate beginning the project Fall .
E. When will this development or subdivision be completed
Spring
16. Water System:
A. What type of water system is to be provided, such as:
Individual system on each lota community system,
municipal system, etc. Municipal
B. Where is the nearest municipal water system and is it
available and feasible to use it? Route #7
17. Sewage System:
A. What type of sewage disposal system is to be provided
or intended, such as: Individual system on each lot,
community system, or municipal system? Municipal
I -
B. Wl ere is the nearest community sewage system and is
it available and feasible to use it?
Route #7
C. If the sewage system is other than a community,
municipal, or individual lot septic tank and leaching
field, include competent professional engineering
evidence that it will perform satisfactorily.
18. Adjacent Property:
A. List below the names and addresses of adjacent property
owners. t
B. What is the adjacent property used for at present?
Commercial
C. What is the future usage intended for the adjacent
property? Commercial
19. Zoning:
A. Which District or Districts is the proposed site with-
in according to the official zoning map of the City?
DATE C:11 SIGNATLTP,"°
s