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BATCH - Supplemental - 1080 Shelburne Road (2)
CERTIFICATE OF TRUSTEES To: The City of South Burlington CITY CLERK'S OFFICE m Received,I� - 1 94at.j e M Recorded in ol. on page (tea - Of So. Burlington Land Records 653 Attest: a-.�vca�d Margaret A. Picard, City Clerk The Undersigned are the existing Trustees (the "Trustees") of the Peter Val Preda Family Trust under trust agreement dated September 16, 1992 (the "Trust"). The Undersigned hereby state and affirm under oath as follows: The Undersigned are the current and existing Trustees of the Trust and no substitute or additional trustees have assumed the obligations and duties of Trustees under the Trust. 2. The Trust has not been terminated or revoked nor is there any fact or circumstance which would cause a termination or revocation of the Trust retroactive to a date before this Certificate. The Trust has been in full force and effect from September 16, 1992 through the date of this Certificate. 4. The Trustees have the following powers, which are described in full in Section 7.1 of the Trust: (a) To sell, convey, exchange or mortgage any property, real or personal, to or with any person, in such manner and upon such terms as the Trustees may deem advisable, all without the necessity of obtaining leave of court. The Trustees are authorized by the terms of the Trust to transfer a portion of the Trust's property located at 1048 Shelburne Road in South Burlington to the City of South Burlington for the purpose of completing an exchange of properties described in the March 26, 1985 approval of the City of South Burlington Planning Commission. 6. The powers of the Trustees are in effect on the date hereof and have not been modified, amended, reduced or limited. The Undersigned, individually and in their capacity as Trustees of the Trust, acknowledge that each person to whom this Certificate is addressed has accepted this Certificate and will rely on the truth and completeness of the statements made herein in accepting a Certificate from the Trustees certifying their status as Trustees of the Trust. IN WITNESS WHEREOF, the undersigned Trustees have executed or caused this Certificate of Trustees to be executed as of the J'4d./day of April, 1998. IN PRESENCE OF: W ess Diana Val Preda, Trustee C i ess STATE OF VERMONT COUNTY OF CHITTENDEN, SS. VERMONT NATIONAL BANK, TRUSTEE Duly Authorized Agent At - , in said County and State, this&,&) day of April, 1998, personally appeared DIANA VAL PREDA, and she acknowledged this instrument, by her signed, to be her free act and deed individually and as Co -Trustee of the Peter Val Preda Family Trust. Before me, l/ Notary Public , Notary commission issued in Chittenden Coupty. My commission expires: 2/10/99� t t STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At ���/1" � , in said County and State, this = _ day of April, 1998, personally appeared JOHN M. GIEISE,ly Authorized Agent of VERMONT NATIONAL BANK, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of VERMONT NATIONAL BANK as Co -Trustee of the Peter Val reda Family Trust. %""Before me, C Notary Public Notary commission issued in Chittenden County My commission expires: 2/10/99 Nal Pmda Trustees' Certificate to City/43018/x6y011.WP/RHR> — 2 — CITY CLERKS OFF'" ) 0 l Received - on page .�7 Recorded in Vol. — p{ So. Burlington Land ecords Attest: TRUSTEES' DEED Margaret A. Picard, City Clerk KNOW ALL PERSONS BY THESE PRESENTS, that DIANA VAL PREDA and VERMONT NATIONAL BANK, Co -Trustees of the Peter Val Preda Family Trust u/t/a September 16, 1992, the Trust having its situs in South Burlington, County of Chittenden and State of Vermont (the "Grantors"), for Ten Dollars and other valuable consideration paid to their full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation with a place of business in the County of Chittenden and State of Vermont (the "Grantee"), do hereby assign, transfer, convey and forever quitclaim unto the said CITY OF SOUTH BURLINGTON, and its successors and assigns, a parcel of land with all improvements thereon and appurtenances thereto located in the City of South Burlington, County of Chittenden and State of Vermont (hereinafter, the "Premises") and described as follows, viz: Being a portion of the lands and premises decreed to Diana Val Preda and Vermont National Bank, Co -Trustees of the Peter Val Preda Family Trust in Paragraph 2 of the Decree of Distribution for the Estate of Peter Val Preda, which Decree is dated December 3, 1997 and recorded in Volume 419 at Pages 262-265 of the City of South Burlington Land Records. Also being a portion of the land and premises conveyed to Peter Val Preda, Sr. by Warranty Deed of Jehial L. Munson and Evelyn B. Munson dated April 7, 1977 and recorded in Volume 130 at Pages 216-218 of the City of South Burlington Land Records and by Quit Claim Deed of Howard W. Cranwell and Laura J. Cranwell dated June 18, 1985 and recorded in Volume 211 at Pages 51- 53 of said Land Records. The Premises are more particularly described as follows: Commencing at an existing "X" in the concrete sidewalk located on the easterly side of Shelburne Road, which point marks the intersection of lands formerly owned by Peter Val Preda, Sr., and lands now or formerly owned by Peter Val Preda, Ltd.; thence proceeding S61 °30'00"E a distance of 300.00 feet, more or less, to an iron pin set in the westerly boundary of land of the City of South Burlington School Department known as the Orchard School lot; thence turning to the right and proceeding along the westerly boundary of the Orchard School lot S28°30'15"W a distance of 104.96 feet, more or less, to a point, which point is the point or place of beginning; thence continuing along S28°30'15"W a distance of 69.88 feet, more or less, to a point; thence turning to the right and proceeding N60°34'30"W a distance of 50.04 feet to a point located in the easterly line of lands now or formerly of Pappas; thence turning to the right and proceeding N28°25'30"E a distance of 23.87 feet, more or less, to a point; thence deflecting to the right and proceeding N76°25'30"E a distance of 38.31 feet, more or less, to a point; thence continuing along N76025'30"E a distance of 29.14 feet, more or less, to the point or place of beginning. Being a portion of Lot 3 depicted on a plan entitled "3 Lot Boundary Survey, Nicholas and Sara Pappas, Peter Val Preda and the City of South Burlington," prepared by Pinkham Engineering Associates, Inc,. dated February 5, 1985 and recorded in Map Volume 197 at Page 66 of the City of South Burlington Land Records, as amended by "Property Transfer Plat," prepared by Pinkham Engineering Associates, Inc. dated April 22, 1985 and recorded in Map Volume 197 at Page 84 of the City of South Burlington Land Records and depicted on said amended plat as "0.05 Ac. - Val Preda to City." The Premises are subject to and benefitted by: (a) taxes assessed on the Grand List of April 1, 1997 not delinquent on the date of this deed, which the Grantee herein assumes and agrees to pay as part of the consideration for this deed subject to such taxes being prorated between Grantors and Grantee on the date this deed is delivered; (b) the provisions of municipal ordinances, public laws, and special acts; (c) the terms and conditions of State Subdivision Permit No. EC-4-2102 dated October 30, 1997 and recorded in Volume 418 at Pages 197-199 of the City of South Burlington Land Records; (d) the terms and conditions of the March 26, 1985 approval of the South Burlington Planning Commission; and (e) all easements, rights of way, restrictions, and reservations of record, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §601-611. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD all the said right, title, and interest in and to said quitclaimed premises to the said Grantee, the CITY OF SOUTH BURLINGTON, and its successors and assigns, forever. AND FURTHERMORE, Grantors for themselves and their heirs, successors and assigns, covenant with the said Grantee, and its successors and assigns, that from and after the ensealing of these presents, the Grantors, and any person or entity claiming in their name or on their behalf will have and claim no right in or to the said Premises herein conveyed, but they and every one of them shall by these presents be excluded and forever barred. IN WITNESS WHEREOF, DIANA VAL PREDA and VERMONT NATIONAL BANK, Co - Trustees of the Peter Val Preda Family Trust, have hereunto set their hands this .?" "4 day of April, 1998. IN PRESENCE OF: PA7%k,4_W1�- F MO. Ze.'�.�:. -2- Diana Val Preda, Trustee VERMONT NATIONAL BANK, TRUSTEE By: 411,�i �� �' � � my Wuthorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. in said County and State, thig-�'�4'day of April, 1998, personally appeared DIANA VAL PREDA, Co -Trustee of the Peter Val Preda Family Trust, to me known, and she acknowledged this instrument, by her signed, to be her free act and deed, individually and in her legal capacity as Co -Trustee of the Peter Val Preda Family Trust. Before me, .4o-ce— 2-;( 411 Notary ublic Notary commission issued in Chittenden County My commission expires: 2/10/99 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At �UJ?J!J!.'�/ 't in cairl C nnnty and CtatP this Afiqv of Anril_ 199R nercnnally anneareti JOHN M. GEISE, Duly Authorized Agent of VERMONT NATIONAL BANK, Co -Trustee of the Peter Val Preda Family Trust, to me known, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of VERMONT NATIONAL BANK acting as Co -Trustee of the Peter Val Preda Family Trust. :r Before me, Notary Public Notary commission issued in Chittenden County My commission expires: 2/10/99 Vermont Property Transfer Tax 32 V.S.A. Chap GEMENT— RDggENO VTLAUDEVELOPMTPLANS ACT. CERT. REC'0 Return No. ,Clerk Date1`.. <Val Preda Deed to City/42967/x3j011.WP/RHR> _ 3 CHARLES T SHEA STEPHEN R. CRAMPTON STEWART H. MCCONAUGHY ROBERT B. HEMLEY WILLIAM G. POST. JR, CRAIG WEATHERLY JAMES E. KNAPP JOHN R. PONSETTO DENNIS R. PEARSON PETER S. ERLY ROBERT F. O'NEE.L MARGARET L. MONTGOMERY LUCY T BROWN STEPHEN P. MAGOWAN ERIK B. FITZPATRICK LEIGH POLK COLE ROBERT H. RUSHFORD Timothy Eustace, Esq. Stizel & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 GRAVEL AND SHEA ATTORNEYS AT LAW 76 ST. PAUL STREET POST OFFICE BOX 369 BURLINGTON, VERMONT 05402-0369 April 8, 1998 AREA CODE 802 TELEPHONE 658-0220 FAX 658-1456 CLARKE A. GRAVEL COUNSEL NORMAN WILLIAMS SPECIAL COUNSEL WRITER'S E-MAIL: RRUSHFORD[@ii GRAVSHEA.COM APR � ISTITZEL, PAGE Ft FLETCHER PC T Re: Peter Val Preda Family Trust to the City of South Burlington Dear Tim: Enclosed please find the executed Trustees' Deed, Vermont Property Transfer Tax Return and Certificate of Trustees for the conveyance of the Orchard School access parcel. I understand that you will forward the documents for recording. Please be in touch with any questions. Very truly yours, GRAVEL AND SHEA Robert H. Rushford Enclosures cc: Ms. Diana Val Preda (w/enclosures) Mr. John M. Geise (w/enclosures) STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE ('ALSO ADMITTED IN N.Y.) Robert H. Rushford, Esq. Gravel and Shea 76 St. Paul Street P.O. Box 369 Burlington, VT 05402-0369 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 E-MAIL(FIRM2555 Fi.AOL COM) March 27, 1998 OF COUNSEL ARTHUR W. CERNOSIA Re: Estate of Peter Val Preda, Sr. - 1048 Shelburne Road Transfer of 0.28 acre parcel to City of South Burlington Dear Bob: Thank you for the draft Trustees' Deed, Certificate of Trustees and Vermont Property Transfer Tax Return in connection with the above -captioned matter. I apologize for not responding to your correspondence sooner. Your proposed documents appear to be suitable for execution. Please forward the executed original documents to this office and I will see to it that they are recorded in the City of South Burlington Land Records. Please do not hesitate to call if you have any questions. Thank you. Sincere'l� Timothy M. Eustace cc: Ray Belair son3587.cor State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-2102 Pin Number: EJ97-0366 Landowner: Estate of Peter Val Preda, et al Address: 1048 Shelburne Road South Burlington, VT 05403 This project, consisting of a boundary line adjustment for a 12,500 square foot lot, a 2,500 square foot lot and land combined with the City of South Burlington's Orchard School Property located off Shelburne Road in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. Cs�:7:�1A The project shall be completed as shown on the plans "Sketch Plan" dated 12-4-84 revised 12-12-84 prepared by Donald L. Hamlin Consulting Engineers, Inc. and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 2. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the city of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 4. No alterations to any existing building used for any purpose other than a single family residence that would change or affect the exterior water supply or sewage disposal, or the approved use of the building shall be allowed without prior review and approval from the Agency of Natural Resources. Subdivision Permit EC-4-2102 Page 2 5. This permit is being issued pursuant to Section 1-201(M)2 of the Environmental Protection Rules. The project involves a minor property line change. Due to the negligible potential for adverse environmental impact, the Division is issuing the permit without requiring submission of detailed information on the water supply and sewage disposal systems. Dated at Essex Junction, Vermont on October 30, 1997. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By --- Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission & Select Board Anthony Perry, c/o Liam Murphy City of South Burlington, c/o Stitzel & Fletcher Donald L. Hamlin Consulting Engineers, Inc. Water Supply Division State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation September 30, 1997 Estate of Peter Val Preda 1048 Shelburne Road South Burlington VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802) 879-5656 Subject: EC-4-2102 -- boundary line adj. for a 12,500 s.f. and 2,500 s.f. parcel with existing commercial buildings located on Shelburne Road in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #91942 on, which begins the 45 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. PLEASE SUBMIT COURT DOCUMENTATION FOR POWER OF ATTORNEY FOR DIANE VAL PREDA AND LIAM MURPHY. Sincerely_ Ernestine Chevrier Secretary C City of South Burlington Planning Commission STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/IDD) STEVEN F. STITZEL FAX (802) 660-2552 PATTIR PAGE* E-MAIL(FIRM2555@AOL.COM) ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE ('ALSO ADMITTED IN N.Y.) September 12, 1997 Mr. Ray Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Subdivision Permit Application - Estate of Peter Val Preda, Sr. Dear Ray: OF COUNSEL ARTHUR W. CERNOSIA Enclosed for your review is the original and one copy of Bob Rushford's proposed Minor Subdivision Permit Application with respect to the access road for Orchard School, and one copy of the accompanying materials. I understand that you have been discussing this matter with Tim, and that you are generally familiar with the issues. If you have no questions about the enclosures and you are satisfied with the form of the Application as presented, please execute the enclosed original Application original in the space provided for "Signature of Co -Applicant" and return the same to me. If, on the other hand, you have questions or concerns, or are unfamiliar with this matter, please feel free to contact me so that we can discuss it. Thank you for your attention to this matter. Robert E. Fletcher REF/dah Enclosure SON3389.COR Rev. 5/21/93 AGENCY OF NATURAL RESOURCES FOR OFFICE USE ONLY DEPARTMENT OF ENVIRONMENTAL CONSERVATION Permit # PERMITS, COMPLIANCE & PROTECTION DIVISION Date Application Received MINOR PROJECT APPLICATION (Pursuant to 91.02.0 and 592.02.N of the Environmental Protection Rules) "Minor projects" means single lot subdivisions, and projects with a design sewage flow of less than 500 gallons per day where site conditions are favorable for on -site sewage disposal so that no site modifications are required. Projects involving industrial waste (see 97-13) shall not be considered minor projects. Name: Estate of Peter ValPreda Property Address: 1048 Shelburne Road (mail) Tel. No.: Sr. So. Burlington, VT 05403 BUSINESS NAME IF OTHER THAN ABOVE: CO -APPLICANT: Name: Anthony Perry City of So. Burlingto Address:c/o Liam L. Murphy c/o Stizel & Fletcher (mail) P.O. Box 721 P.O. Box 1507 Tel. No.:Burlington, VT Burlington, VT 05402-0721 05402-1507 (802) 864-0217 (802) 660-2555 CONSULTANT: (architect, engineer, plumber, site technician) Name: Robert H. Rushford, Esq. Tel. No.:, (802) 658-0220 Address: Gravel and Shea, 76 St. Paul Street, P.O. Box 369, Burlington, VT 05402-0369 PROJECT DESCRIPTION: (Attach two sets of plans) Location: (Attach map) Town: So. Burlington. Deed to Property: Book: SUBDMSION: 130 Road/Highway: Shelburne Road Page (s): Size of Lot (acres or sq. ft.) 12,500 and 2,500 sf. Describe any structures on this lot: None 213 and 216 Size of Remaining Tract: 21,000 sf. Describe any structures on remaining tract:Existing brick building WATER SUPPLY AND WASTEWATER,DISPOSAL: (PUBLIC BUILDINGS) Year constructed: Year constructed:Pre-1969 Describe the project (# of units, # of bedrooms, # of seats, # of sq. ft., type of building, etc.) See Exhibit "A" attached. Size of Parcel: (Include all adjacent tracts of land which you may own, or control by lease, option, etc.) Number of Gallons of Sewage Generated: Existing Flows: New Flows: COMPLETE THE FOLLOWING INFORMATION FOR EITHER SUBDMSION OR WATER SUPPLY AND WASTEWATER DISPOSAL (PUBLIC BUILDINGS): TYPE OF WATER SOURCE: (attach Health Department approval; if municipal, also attach connection approval). A. ONSITE B. INDIVIDUAL C. DRILLED WELL OFFSITE COMMUNITY DUG WELL/SPRING MUNICIPAL k OPEN RESERVOIR/LAKE .Name of municipal or community: City of South Burlington Does this water supply serve/will serve 2 or more buildings: TYPE OF SEWAGE DISPOSAL: (if municipal, attach connection approval) A. ONSITE B. INDIVIDUAL OFFSITE COMMUNITY, MUNICIPAL X Name of municipal or community: City of South Burlington APPLICATION FEE- SUBDIVISIONS: PER LOT (Make check payable to STATE OF VERMONT) WATER SUPPLY AND WASTEWATER DISPOSAL ($0.36 per gallon of design flow of project Minimum fee of $100.00 per application.) AMOUNT ENq pSID; $100.00 Make check payable to STATE OF VERMONT. Date (Signature of Landowner) Date (Signature of Co -Applicant) ------------------------------------------------------------------------------- CONSULTANT'S CERTIFICATION For minor projects as defin in 91-02 (0) where th consultant submits facee ification with application stati at the project compl es in all respects with se rules, the DiE ion relied solely upo the certification d pplication as subtd and that the pe' may be revoked f it is determined that the p oject does not coly w th these rules rtified. False or mi? and the sta certificatic The following dng cert'ficatio under this section shall be a violation I of these les, (s) unde which e application s filed, y the persoq completin the 1 be included in )kny certification submitted \under this section: "I hereby certi tha the applicati n submitted herewith is or minor project a`s defined in the Ve nt Environmental Pro ct' n Rules, 591-02(0), th all the information submitted with the a lication is true ancorrect, and that the design of this project complies in all respects with the Environmental Proxection Rules." ConsuhantV's Signature Date Exhibit "A" The Estate of Peter Val Preda, Sr. owns a parcel of land, containing approximately 36,000 square feet, located at 1048 Shelburne Road in South Burlington (the "Property"). This application is submitted for the approval of the prior conveyance of a portion of the Property, containing approximately 12,500 square feet, to Nicholas and Sarah Pappas (predecessors in title to Anthony Perry), and the conveyance of an additional portion of the Property, containing approximately 2,500 square feet, to the City of South Burlington. A hand drawn copy of the "Plan of Property of Miss Emily Hough, South Burlington, Vermont," prepared by Hoad & Stone Associates, dated May, 1946 and recorded at Map Volume 10 at Page 331 of the City of South Burlington Land Records (the "Plan") is enclosed. The Plan depicts four lots of land (numbered 1 though 4) and a parcel of land for a proposed roadway. Lots 1, 2, 3, and 4, which are depicted on the Plan, were purchased by Peter Val Preda Sr. in 1977. The deed history for the property and the adjoining roadway is as follows: 1. Emily Hough conveyed Lot 2 to Jehial and Evelyn Munson on June 27, 1950, by Deed recorded in Volume 25 at Page 585. 2. Emily Hough conveyed Lot I to Jehial and Evelyn Munson on July 12, 1950 by Deed recorded in Volume 25 at Page 591. 3. Emily Hough conveyed the proposed road (known as Hough Street) to the School District for the Town of South Burlington by Deed dated June 1, 1953 and recorded in Volume 30 at Page 638. In the same Deed, Emily Hough conveyed the Orchard School property to the Town. This property is located to the east of Lot 4 on the Plan. 4. Emily Hough conveyed Lots 3 and 4, which were subsequently acquired by Howard and Laura Cranwell from the Farmers Trust Company in October, 1955. On February 2, 1956 the Cranwells conveyed Lots 3 and 4 to James and Beverly Clothey by Deed recorded in Volume 39 at Page 156. 5. Beverly Clothey conveyed Lots 3 and 4 to Jehial and Evelyn Munson on October 24, 1972 by Deed recorded in Volume 108 at Page 262. 6. Jehial Munson and Evelyn Munson conveyed Lots 3 and 4 to Peter Val Preda, Sr. on April 7, 1977 by Deed recorded in Volume 130 at Page 216. 7. Jehial Munson and Evelyn Munson conveyed Lots 1 and 2 to Peter Val Preda, Sr. by Deed dated April 7, 1977 and recorded in Volume 130 at Page 213. Therefore, as of 1977, Peter Val Preda, Sr. owned all of Lots 1, 2, 3, and 4 (which were created by subdivision plan recorded in 1946), and the City of South Burlington owned Hough Street and the Orchard School parcel. In 1984, the City of South Burlington, Peter Val Preda, Sr. and Nicholas and Sarah Pappas (predecessors in title to Anthony Perry) entered into an agreement to adjust the boundaries for their properties. The apparent purpose of the adjustment was to alter the entrance road for the Orchard School (e.g., to have it pass behind the Pappas' property rather than along Hough Street). The boundary adjustment contemplated the following adjustments to the Property: (a) the deeding of Hough Street (a 50' x 300' roadway created by original deed of Emily Hough) from the City of South Burlington to Peter Val Preda, Sr.; (b) the deeding of a 50' wide strip of land along the southerly portion of the Val Preda parcel to Pappas; and (c) the deeding of a small corner parcel along the southeasterly portion of the Val Preda parcel to the City of South Burlington for roadway purposes. These boundary line adjustments are depicted on the enclosed plan prepared by Donald L. Hamlin Consulting Engineers, Inc., dated December 4, 1994. The conveyances referenced above in sections (a) and (b) were completed in 1985. The City has no record of a deed for the parcel referenced above in section (c). The Property is connected to the municipal water and wastewater system. It is the applicant's understanding that Vermont Water and Wastewater Disposal Permits were previously issued for the properties owned by Anthony Perry and the City of South Burlington. n' Fr.h Ea bw X11z1]/jy01'.%k?1U 1 IN ,t ..a w, lb 2 i W �a 1 0 I ow 5r V o l I , '(P a ' State of Vermont .n; Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist September 5, 1997 Robert H. Rushford, Attorney at Law Gravel and Shea, Attorneys at Law P.O. Box 369 Bu1:in55t,on, VT 05402-0369 Dear Bob: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone 4(802) 879-5656 Subject: Boundary Line Adjustment - Estate of Peter Val Preda, Sr., located off Shelburne Road, South Burlington, Vermont. I reviewed your letter dated August 7, 1997 regarding a boundary line adjustment among the lots or parcels of land owned by the City of South Burlington, Peter Val Preda, Sr. and Nicholas and Sarah Pappas. You included with your letter "Procedure for Interpreting Subsection 3-02C of Chapter 3 of the Environmental Protection Rules Relating to Subdivisions" and cite item #4 as a reason the proposed adjustments will not need a subdivision permit from the State of Vermont. I do not feel this interpretation fits your proposal as I feel item 94 of the procedure is intended to recognize boundary line changes which occur as a result of inaccurate pre -filed plans being superseded by accurate surveys. This would be supported by Section 1-304 of Environmental Protection Rules states specific requirements to be followed when the landowner proposes to subdivide pre-existing lots. I believe the "Procedure Related to Revisions of Existing Subdivisions" is more appropriate to your situation. Enclosed please find a copy of the procedure. This procedure has 5 conditions, the first of which states that all lots are equal or larger in size after the reconfiguration takes place. It would appear that one or more of the lots will be smaller in size than originally laid out. It is my opinion that the subdivision as outlined would need a subdivision permit. I am having difficulty matching the original four lots subdivided by Miss Emily Hough which finally were conveyed to Peter Val Preda, Sr., as shown on your copy of the plan filed in the city clerk's office to the plan by Donald L. Hamlin Consulting Engineers, Inc. dated 12-4-84. Miss Hough's original subdivision plan indicates she had conveyed out 170 feet along Shelburne Road (being the widths of lots 1, 2 and the ROW) and a depth of 270 feet (the total depth of lots 1 or 2 plus lots 3 and 4). This would also mean that the outside dimensions of lots 1,2, 3 and 4 combined were 120 feet by 270 feet. Robert H. Rushford September 5, 1997 Page 2 The Donald L. Hamlin plan shows the Val Preda lot had the approximate dimensions of 120 feet along Shelburne Road by 300 feet in depth. Therefore, the depth of the existing Val Preda lot is 30 feet longer than originally planned. If no additional land had been combined with the four original lots and the Hamlin plan represents the true dimensions of the land as conveyed eventually to Val Preda, then I would apply the procedure you cite to recognize the 120 foot by 300 foot lot, not the 120 foot by 270 foot lot, as the pre-existing lot. Please contact me at this office if you have any questions. Sincerely, Ernest Christianson Regional Engineer copies: City of South Burlington WASTEWATER 1MAvAGEivIE3",TT DIVISION DEPARTMENT OF ENVIROIv'MENTAL CONSERVATION • PROCEDURE RELATED TO REVISIONS OF EXISTING SUBDIVISIONS This procedure relates to the alteration, modification, or extensions of existing subdivisions. Existing subdivisions are defined in § 1-3 02 B. of the Small Scale Wastewater Treatment and Disposal Rules, effective August 8, 1996. Existing subdivisions may be reconfigured when the following conditions apply: 1. All of the lots are equal or larger in size after the reconfiguration; 2. The municipality. or municipalities in which the land is located have a valid - health ordinance based on Chapter 5, subchapter 10, Part H; effective June 7, 1983 or a more recently adopted ordinance approved by the Department of Environmental Conservation pursuant to Title 24 VSA, Chapter 102, and a local permit has been obtained; 3. No additional land is added to the overall subdivision; 4. The revised subdivision plan shall be filed on the town records prior to transfer of any lots shown on the plan; and 5_ A copy of the existing and proposed subdivision plans shall be provided to the regional -office fora determination that the proposed changes conform to this procedure prior to sale or transfer of any lot with revised boundary lines. ADOPTED: William Brierl y, P.E. Date Commissioner Department of Environmental Conservation exsub.alt list +forms 4-96 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE ('ALSO ADMITTED IN N.Y) Richard A. Spokes, Esq. Spokes, Foley & Peterson 239 South Union Street PO Box 986 Burlington, VT 05402-0986 (802) 660-2555 (VOICErIDD) FAX (802) 660-2552 E-MAIL(FIRM2555 AOL.COM) August 8, 1997 Re: Val Preda/Pappas/City of South Burlington Boundary Adjustment and Relocation of Hough Street Dear Mr. Spokes: OF COUNSEL ARTHUR W. CERNOSIA As I have been unsuccessful in my efforts to reach you by telephone, I am writing you with an inquiry in connection with the above -captioned real estate matter that you were involved in as attorney for the City of South Burlington. I was recently contacted by Sandra B. Sundarabhaya of Gravel & Shea, who had performed a title search of property owned by Peter Val Preda at 1048 Shelburne Road in South Burlington. During her title search, she discovered documents which reflected a plan between the above -captioned parties that would result in a boundary adjustment for the Pappas and Val Preda properties and the relocation of Hough Street. Enclosed are copies of the following documents in connection with this project that are recorded in the City of South Burlington Land Records: 1. Warranty Deed from Peter Val Preda, Sr. to Nicholas and Sarah Pappas, dated July 12, 1985 and recorded in Volume 213 at Page 61. 2. Quitclaim Deed of the City of South Burlington to Peter Val Preda, Sr. dated July 15, 1985 and recorded in Volume 211 at Page 63. 3. Property Transfer Plat recorded in Map Volume 197 at Page 84. 4. Resolution of the South Burlington Planning Commission dated November 9, 1993 and recorded in Volume 361 at Page 280. I am also enclosing a copy of a letter from you, addressed Richard A. Spokes, Esq. Spokes, Foley & Peterson Page 2 August 8, 1997 to Bernard Lisman, Esq., listing the documents required to complete this project. I spoke to Mr. Lisman earlier this week, and he was able to locate a letter in his file addressed to you, dated July 12, 1985, which enclosed duly executed Warranty Deeds from Pappas and Val Preda to the City of South Burlington, Vermont Property Transfer Tax Returns, and Irrevocable Offers of Dedication. The Irrevocable Offer of Dedication and Warranty Deeds from Val Preda and Pappas to the City of South Burlington are not recorded in the South Burlington Land Records. Moreover, these documents are not located in the City's planning and zoning files. At your earliest convenience, would you please check your file for this matter to see if it contains the original Warranty Deeds and Offers of Dedication from Pappas and Val Preda to the City of South Burlington or provides information as to the whereabouts of those documents. Please do not hesitate to call me if you have any questions or if I can be of assistance in any way. Thank you. Sincerely, Timothy M. Eustace THE/dah Enclosures cc: Robert Rushford, Esq. (w/out encl.) Ray Belair (w/out encl.) SON3363.COR City of South Burlingtzn 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 �dy`O4 ToWR MR�~,� PLANNER 658-7955 September 23, 1991 Mr. David Melincoff Perry's Restaurant Group 1908 Shelburne Road Shelburne, Vermont 05492 Re: Claussens Florist Building Dear Mr. Melincoff: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the July 30, 1991 Planning Commission meeting minutes. If you have any questions, please give me a call. c.ere y c- oe Weith, City Planner 1 Encl JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 15, 1993 Mr. Carl Lisman Lisman & Lisman 191 College Street Burlington, Vermont 05401 Re: Pappas/Val Preda Boundary Line Adjustment Dear Carl: ZONING ADMINISTRATOR 658-7958 Enclosed is a Resolution which was approved by the Planning Commission at their 11/9/93 meeting. The resolution verifies and validates the Commission's original 3/26/85 approval of the above referenced application. 7i cer ly, J e Weit , C ty Planner 1 Encl JW/mcp SOUTH BURLINGTON PLANNING COMMISSION RE: SHELBURNE ROAD BOUNDARY LINE ADJUSTMENT AND HOUGH STREET RELOCATION, PETER VAL PREDA AND NICHOLAS AND SARAH PAPPAS, APPLICANTS RESOLUTION Upon motion made, seconded and unanimously passed, it was RESOLVED, that the approval of the South Burlington Planning Commission of certain properties of Peter Val Preda and Nicholas and Sarah Pappas for a boundary line adjustment and Hough Street relocation which was initially approved by the South Burlington Planning Commission on March 26, 1985, the plat thereof being recorded in the City of South Burlington Land Records on July 16, 1985 in Plat Volume 197 at Page 84 is hereby RATIFIED and VALIDATED in all respects, subject to all requirements and conditions of the resolution and approval of the South Burlington Planning Commission dated March 26, 1985. Dated this 9� day of November 1993. SOUTH BURLINGTON PLANNING COMMISSION TEST (:/�////� erk, South Burlington Planning Commission SOUTH BURLINGTON PLANNING COMMISSION RE: SHELBURNE ROAD BOUNDARY LINE ADJUSTMENT AND HOUGH STREET RELOCATION, PETER VAL PREDA AND NICHOLAS AND SARAH PAPPAS, APPLICANTS RESOLUTION Upon motion made, seconded and unanimously passed, it was RESOLVED, that the approval of the South Burlington Planning Commission of certain properties of Peter Val Preda and Nicholas and Sarah Pappas for a boundary line adjustment and Hough Street relocation which was initially approved by the South Burlington Planning Commission on March 26, 1985, the plat thereof being recorded in the City of South Burlington Land Records on July 16, 1985 in Plat Volume 197 at Page 84 is hereby RATIFIED and VALIDATED in all respects, subject to all requirements and conditions of the resolution and approval of the South Burlington Planning Commission dated March 261, 1985. Dated this day of November 1993. SOUTH BURLINGTON PLANNING COMMISSION ATTEST: Clerk, South Burlington Planning Commission April 8, 1986 Ernest Christianson Agency of Environmental Conservation 111 West Street Essex Junction, Vermont 05452 Re: Perry's Restaurant Group, 1080 Shelburne Road Dear Ernie: The City of South Burlington approved a 100 seat addition to the restaurant at 1080 Shelburne Road on October 8, 1985. A sewer allocation of 4500 gallons per day was granted. There is adequate capacity at the Bartletts Bay Treatment Plant to handle this addition. The water system is sufficient to supply theproject. Sincerely, Jane B. Lafleur, City Planner JBL/mcp cc: William Szymanski James Goodrum October 17, 1985 Anthony Perry Perry Restaurant Group 2700 Shelburne Road Shelburne, Vermont 05482 Re: Perryis Fish House Dear Tony: Enclosed are the minutes of the Planning Commission meeting of October 8, 1985. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl PLANNING COMMISSION 8 OCTOBER 1985 PAGE 4 No Parking zones on either side of Brookwood Drive along the property at 329 Dorset Street. Mr. Burgess seconded, and the motion passed 6-0 with,Mr. Jacob abstaining. Mr. Dooley then moved that the Planning Commission recommend to the City Council that they study parking problems on East Terrace in light of its present width. Mr. Belter seconded, and the motion passed unanimously. L1, Continue Public Hearing for Revised Final Plat of LTH, Inc., for revision of Cluster C & D of Harbor Heights to single family lots, Harbor View Rd. Mr. Krebs asked that only Cluster D be considered as revisions are being made to Cluster C. The water study indicates that this plan is an improvement over the previous condo plan and will result in .8 cu. ft. per sec. of runoff over the undeveloped state. Wagner, Heindel & Noyes recommends a 7-10,000 holding basin; however, Mr. Krebs said there is no good place to put such a basin. He said they felt they were being punished for making things better. The Chairman polled the members, and a majority felt they wanted to continue the hearing to further consider this issue. Mrs. Hurd moved that the hearing be continued. Mr. Jacob seconded, and the motion passed unanimously. Consider revised Site Plan application of Tony Perry' for Perry's Fish House (formerly Pappas' Restaurant) at 1080 Shelburne Road. Mr. Perry said he has negotiated previously for a foot print and parking plan but as they began to develop the property they wanted to make changes for aesthetic reasons. They have now taken out one curb cut so that they will have only one shAvrne R& curb cut which will be wider. Parking will be sufficient to accommodate the additions being made. They have moved the curb cut to line up with the one across the street. They propose to have plantings on berms in front and also an aesthetic pond. The Zoning Board has granted a variance for a deck. Total seating will be 265. Mrs. Lafleur noted that this plan considers Clausons as part of the whole lot. Mrs. Hurd noted that the Fire Chief wants the parking lot extended to get fire vehicles in. Mr. Perry said he would be willing to keep an access plowed in the rear of the buildings. He has a sprinkler system and the building is masonry with a steel roof. Mx. Dooley moved that the Planning Commission approve the PLANNING COMMISSION 8 OCTOBER 1985 PAGE 5 revised site plan application of Tony Perry for the expansion to the former Pappas Restaurant for a total of 8701 sq• ft. and revised parking and circulation plan at 1080 Shelburne Rd. as depicted on a plan entitled "Perrys Fish House, South Burlington, Vermont" prepared 12y Atkin and Welind Architects dated 9/3/85 and revised 10/4 85 with the following stipulations: 1. A $5500 landscaping bond shall be posted prior to permit. 2. A 4500 gpdd sewer allocation is granted in accordance with the South Burlington sewer policy. 3. The building permit shall be obtained within 6 months. Mr. Jacob seconded and the motion passed unanimously. Consider Site Plan application of Valley Aviation for construction of a 10,250 sq• ft hangar at the south end of the Airport. Mr. Kellogg noted that Valley now has an office in the Customs Building. He added that at some point, the Airport will provide a better access. Mrs. Lafleur noted that she received a copy of an Act 250 application for opening an access on Williston Rd. between Calkins and the pet place. The right of way is only 30 feet, and she and Mr. Szymanski are concerned because it doesn't line up directly with Shunpike Rd. and isn't built to city standards. It was noted that there is no requirement the streets and curb cuts have to come before the Planning Commission. She suggested that before the application goes to the State the Planning Commission look at it. Mr. Houghton said that he has a letter from a year ago from Mr. Szymanski approving this road. The curb cut already existed at the location. He stressed that this will not become a second access to the Airport. He said they would like to spur off this road from Brockway to the proposed Valley building. He added that with the growth activity at the Airport they are reluctant to use Palmers Rd. as had been suggested. Mr. Kellogg said the proposed building would be metal. There would be a small 18-car lot to the south. The area behind the building is a steep slope and is also swampy. Landscaping will be mostly mature planting, mosdyevergreen. Utilities will go underground, and there will be an on -site eqptic system. No trees will be removed. There will be floor drains in areas where planes are cleaned. :Mr. Dooley moved that the Planning Commission approve the �vutlj iiurlin tvu Yire De urttneut 575 Dorset i&treet �. li�uut4 tigurlington, Ifertnant 05401 OFFICE OF JAMES W. GODDETTE. SR. CHIEF 863-6455 MEMORANDUM TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: JAMES W. GODDETTE SR., FIRE CHIEF RE: OCTOBER 8,85 AGENDA ITEMS DATE: 10/4/85 #1. Perry's Fish House; Shelburne Road Plans were reviewed by this department on the changes for this project. As far as the existing building I do not see any problems, But if the future expansion is approved additional access will be required in the back for the expansion. #2. Vt. Custom Sheet Metal; Belter Farm Development The only corrections needed is the road from the front parking to the back gravel area is a fire lane and must be at least 18' wide. #3. Vally Air ; Burlington International Airport Plans were reviewed by this department and the Chief of the Air Guard fire department. At this time we do no see a problem with the building by some thing must done for a main access road. At this time the only way to get to that area is by going on the or near the run way. #4. Mr. John Hodgson Lot Sub -Division Q.C.P. Maple Street. Plans were reviewed by this department as well as on site inspection. ( Cont. ) M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: October 8, 1985 agenda items Date: 10/4/85 2) BESSETTE & ROSS, 329 DORSET STREET 1. Not good but better than first plan. 3) PRIME PROPERTIES, 62 EAST TERRACE 1. The steepest road grade is 16.6% or 16.6' in 100' for a distance of about 50 feet. This grade will not be a problem. 2. The curb openings shall flair out for turning movements. The widened openings shall include new depressed concrete curb. No simply breaking out the existing barrier curb. 5) PERRY'S FISH HOUSE, 1080 SHELBURNE ROAD No comments. 6) VALLEY AIR SERVICE, AIRPORT 1. It is my understanding based on my conversation with Walter Houghton, that planning is underway for an access road to the area from the Williston Road, National Guard Road which is expected to be constructed next year. 7) ROBERT SHAND, VERMONT CUSTOM SHEET METAL, LOT #1 BELTER INDUSTRIAL PARK 1. Driveway should be at least 20' in width with 10' return radii to accommodate commercial vehicles. 2. Driveway will require a culvert. 3. I would recommend entire lot especially the intersection corner be mowed at least once a year to prevent growth of brush. I Memorandum October 8, 10/4/85 Page 2 1985 agenda items 5) PERRY'S FISH HOUSE, 1080 SHELBURNE ROAD The applicant has revised the site plan that was approved with the subdivision of the Pappas -Val Preda properties and the relocation of Hough Street. The site plan included a 4930 square foot expansion and 100 new seats. The new plan reduces the footprint of the expansion. It shows a deck that infringes on the setback that is the subject of a ZBA appeal on October 7, 1985. Whether or not the variance is granted, the Commission should consider the revised circulation, access and landscaping features of this property. Access: The old plan had two curb cuts on Shelburne Road, one for the restaurant and one for Clausens, and two curb cuts on Baldwin Avenue. The new plan shows only one driveway on Shelburne Road for a smoother, more direct and safer access to both businesses. Two curb cuts remain on Baldwin. Circulation: Circulation is improved with vehicles entering on Shelburne Road and exiting at Baldwin Avenue. Baldwin is signalized at Shelburne Road. Parking: The 265 seat restaurant requires 76 parking spaces. Claussens requires 12 spaces. Eighty eight are shown as re- quired. Landscaping: The proposed expansion requires $5550 in land- scaping. The applicant proposes $12,000 worth of plantings and materials. I expect to receive a detailed plan prior to the meeting. 6) VALLEY AVIATION, BURLINGTON INTERNATIONAL AIRPORT The applicant proposes to build a 10,250 square foot hangar at the southern end of the airport in the area where the Brockway Hangar was recently approved. Valley Aviation is a fixed base operation with charters. Access: Access is through the Airport. The Commission should stipulate that if and when an alternative access is provided, it shall be approved by the Planning Commission. I am concerned that the 30 foot right-of-way (20 foot road) to Williston Road on Ira Tates land will become a second major access to the Air- port. While the relief to Airport Drive may be beneficial, the traffic impact on Williston Road could be significant if it is opened upsespecially since it does not meet our right-of-way standards. I suggest the Commission consider that impact prior to use of it. 10/7/85 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the revised site plan application of Tony Perry for the expansion to the former Pappas Restaurant for a total of 8701 square feet and revised parking and circulation plan at 1080 Shelburne Road as depicted on a plan entitled "Perrys Fish House, South Burlington, Vermont" prepared by Atkin and Welind Architects dated 9/3/85 and revised 10/4/85 with the following stipulations: 1. A $5500 landscaping bond shall be posted prior to permit. 2. A 4500 gpd sewer allocation is granted in accordance with the South Burlington sewer policy. 3. The building permit shall be obtained in 6 months. October 4, 1985 Tony Perry Perry Restaurant (Iroup 2700 Shelburne Road Shelburne, Vermont 05482 Re: Perry's Fish House Dear Tony: Enclosed are the agenda and a copy of my memo to the Planning Commission. Please be sure someone is present to represent your application. Sincerely, Jane Bechtel Lafleur, City Planner JBL/mcp Encls q Igo CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) NAME, ADDRESS, AND PHONE NUMBER OF: � a) Owner of Record ��-a4u, ILA S b) Applicant c) Contact Person 2) PROJECT STREET ADDRESS: 3) PROPOSED USE (s) TL�is T� it 4 /t- , 4) SIZE OF PROJECT: (i.e. Building Square Footage, #units, maximum height and #floors 1701 � 5) NUMBER OF EMPLOYEES (full and part time):_ 6) LOT COVERAGE: Building %; Building, Parking Outside Storage: % iF1'%l. lDNi 1:�¢Z�- 17' 2 2-01 ©d d 8) COST ESTIMATES: Buildings: $ lCj`�,Z`�'� Landscaping Other Site Improvements: (Please list with cost) $ 9) ESTIMATED PROJECT COMPLETION DATE: rkoz-� *-- I — &/0V 1J , l' J 10) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) 11) PEAK HOUR (s) OF OPERATION: 7-� �!� 0 �- 12) PEAK DAY (s) OF OPERATION: % J � / 2 SIGNATURE OF APPLICANT 0 SITE PLANS MUST SHOW THE FOLLOWING INFORMATION (PLEASE SUBMIT 4 COPIES) Lot Drawn to Scale (20' preferred) Location of Streets, abutting properties, fire hydrants, existing buildings and landscaping Existing and proposed curbcuts, pavement, walkways Proposed landscaping plan (#, variety, size) equal to or greater than required amount in Zoning Regulations # and location of parking spaces (9'xl8') with 22 or 24 foot aisles as required # and location of handicapped spaces Location of Septic Tanks (etc) if on -site sewer Location of any easements Lot coverage ratio for building alone (foot print) and building, parking and outside storage Location of site (street # or lot #) Name of person or firm preparing Site Plan and date L,r PLANNING COMMISSION MARCH 26, 1985 The South Burlington Planning Commission held a regular meeting on Tuesday, March 26, 1985 at 7:30 pm in the Conference Room, City Hall, 575 Dorset St. Members Present Sidney Poger, Chairman; Peter Jacob, Judy Hurd, John Dooley, William Burgess, Mary —Barbara Maher Member Absent John Belter Others Present Jane Bechtel, City Planner; Ruth Poger, The Other Paper; Vincent D'Acuti, Airport Commissioner; Sarah & Nicholas Pappas, David Spitz, Pete Crevier, Yvonne & Robert Blondin, Marie & John Metivier, Peter Val Preda, Jim Goodrum, Paul Raymond, Tony Perry, James Lamphere, Richard Collette, Sky Thurber, Brenda Stewart, Doug Schner, Walt Houghton, John Caulo, Julian Goodrich, John Hausner, Robert Krebs, David Greenburg, Robert Marcellino, Jim Cheng, Free Press Continue public hearing on expansion of Pappas Restaurant and relocation of Hough Street, located at 1080 Shelburne Road- -- Mr. Spitz said an expansion had been planned and that the application was in the Pappas' name. They, however, are hoping to sell the restaurant to Tony Perry and he will discuss his plans with the Commission. Mr. Spitz said one curb cut on Shelburne Road would be closed and the remaining one would be an entrance only. There will be green space in front of the building. The bulk of the parking will be in the rear. The area occupied by Claussen's will not be changed. Since the peak hours of each use are different, the Claussen's parking spaces could be used if the restaurant's were all occupied. Exit will be directly to Baldwin Avenue. Mr. Spitz noted that the traffic data would depend on the type of restaurant proposed. He felt it would be a higher quality, lower turnover restaurant. He stated that the traffic figures were higher than allowed by the ordinance, but noted that the ordinance allowed for that if other improvements were made. He pointed to the relocation of the street, the consolidation of properties and the curb cut closing as improvements. Mr. Poger mentioned approving a restaurant with a certain turnover rate, and if the plan came in with a higher rate, then the Zoning Administrator could decide to bring the plan back before the Commission. Mr. Tony Perry said that if he bought the restaurant, he planned to run it along the lines of the Sirloin Saloon. Mr. Collette said that when he put up the shed in question at the last meeting, he also put in a hedge which he thought was on the property line. He wanted to check the map he had. The shed has been place for about 2 years. Mrs. Hurd came in at this time. Ms. Bechtel recommended that the fence be continued from where it is now and Mr. Spitz said the Pappases agreed to that. Mr. Spitz noted that, with regard to where the property line is, the Pappases have to give the city a deed, and if they do not have clear title to the land, they cannot file. He said they were confident of the boundaries they 2. PLANNING COMMISSION MARCH 26, 1985 have shown. Mr. Dooley moved that the South Burlington Planning Commission a ]rove the site plan and three lot subdivision of Nicholas and Sarah Peas for _the 4,930�sq. ft., 100 seat expansion ofca _ Pappas Restaurant and the relotion of _ Hough Street as shown on the set of plans entitled "Site Plan, Restaurant^ Expansion, Nicholas and Sarah Pappas, Route 7 South Burlington, Vermont" and "New Street" as prepared by Pinkham Engineering, stamp dated 3 20 85 with the following stipulations: 1. The applicant shall install a 145 foot fence along the Collette property line to the school property similar in height and construction to the existing Collette fence. �~ 2. A bond shall be posted for street reconstruction in an amount determined by the City Engineer, 3. Sewer and water easements in abandoned Hough Street shall be dedicated to the City. 4. Legal documents for street dedication and easements shall be filed with the City Attorney within 90 days. 5. An $8000 bond for landscaping shall be posted prior to permit. 6. A sewer allocation of 4500 gallons per day is approved in accordance with the South Burlington Sewer Policy. This project is on the waiting list for capacity. 7. Final plat for street relocation and new lot divisions shall be recorded with the City Clerk within 90 days. 8. The restaurant may be occupied only as a quality restaurant with an _average patron turnover rate of one hour or longer._` 9. Building permits must be obtained within 6 mont"_ Mr. Jacob seconded the motion. It was noted that the Fire Chief wanted another hydrant in this area. Mr. Spitz noted that there was a hydrant between Claussen's and the restaurant, but said they would try to work it out with the Chief. The motion carried with Mrs. Hurd abstaining. Continue review of site plan application of Burlington International Airport for expansion of terminal, Airport Drive Mr. D'Acuti noted that at the last meeting on this application, he had informed the Commission that one of the lights in the room was burned out and that it happened to be the one located over the area in which plans are displayed, making it difficult to see. He was appalled to find that this condition still existed. Ms. Bechtel reassured him that a new bulb was on order, and the meeting proceeded. Mr. Lamphere reviewed the plans. Ms. Bechtel said that one of the issues at the last meeting had been landscaping. The value of the new landscaping is $2,000. Value required for this expansion is $29,000. The value of the planting done when the parking lot was expanded is $26,000, and no landscaping was required for that project. Mr. Burgess disagreed with the $26,000 figure, noting that that included the costs of the berm, which wa.,3 required in order- CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant Peter Val Preda and Nicholas and Sarah Pappas 2) Name of Subdivision Shelburne Road boundary adjustment and Hough St_ relocation 3) Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: Engineer for final plat: Gerald E. Kittle, Pinkham Engineering, P.O. Box 405, Williston, Vermont 05495 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: New property boundary between Claussens and Pappas Restaurant buildings has been shifted 10 feet to the north Sideyard 2etback requirements are not affected. 5) Submit four copies of a final set of plans consisting of a final plat plus engineering drawings and containing all information required under section 202.1 of the subdivision regulations for a minor subdivision and under section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivision. v. (Signature) applicant or contact person Date CITY OF SOUPH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Nicholas and Sarah Pappas 187 Summit Ave, Rurlingtnn Vermont, 05401, 862-2054; and Peter Val Preda, Budget Rent-A-Car, Airport Parkway, South Burlington, Vt. 05401, 658-1211 b. Applicant same c. Contact person David H. Spitz, North Country Planning, P.O. Box 333, Winooski, Vermont 05404 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Creation of one new parcel so as to allow Claussens and Pappas Restau- rant each to have their own lot; and adjustment of boundary lines including a relocation of Hough Street 3) Applicant's legal interest in the property (fee simple, option, etc) fee simple 4) Names of owners of record of all contiguous properties Richard and Joyce Collette, South Burlington School District 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. City of South Burlington to retain rights (via new easement) to existing water and sewer lines after relocation of Hough Street 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Relocation of Hough Street to rear of Pappas parcel. No changes in location of sewer and water lines. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed sub- division, and include the dates of such actions: 8) Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and cove- nants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Signature) applicant or ntact person date 1?Ccvc tn3. �lrl Qa� Qas 4 ! 4// / f-5 74LITS-) (cm OA 4,(\n 1 C" Gc t" :: �ft - �(IIPD- R� P'INKHAM ENGINEERING ASSOCIATES, INC. P. 0. Box 405 WILLISTON, VERMONT 05495 (802)/878.4771 TO Z'O'Z�r_ DATE J"u.>t. B s " JOE No, G ATTENTION RE WE ARE SENDING YOU 2 Attached ❑ Under separate cover via the following items: ❑ Shop drawings TI Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 1 THESE ARE TRANSMITTED as checked below: REMAR ❑ For approval ❑ Approved as submitted c;rlor your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR- BIDS DUE 19 e ❑ Resubmit_._ —._copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US / / f COPY f0 / - 7 SIGNED: _ ► om"2*t 1o.00%on 61411. it enclosures are not as noted, kindly notify us at once. PINKHAM ENGINEERING ASSOCIATES, INC. P. 0. Box 405 WILLISTON, VERMONT 05495 (802) 878-4771 TO WE ARE SENDING YOU Fq Attached ❑ Under separate cover via LCEV'TLEIR3 o,IF U[M /ZRS A U U U DATE JOB NO, ATTENTION RE: the following items: ❑ Shop drawings C'F'rints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order p� /V/✓L.4i� COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For, approval For/or your use 2' As requested Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ For review and comment ❑ ❑ Resubmit copies for approval ❑ Submit --copies for distribution ❑ Return_____ corrected prints ❑ FOR BIDS DUE 19 _ ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS l elm hs1411 t a.Z �/td zr2 /�i�Gcr 2 b S COPY TO PRODUCT 240-2 Inc., Gmbn, Alm O1471. SIGNED: If enclosures are not as noted, kindly notify us at once. SPOKES, F®LEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT OS402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL July 3, 1985 Mr. William Szymanski City Manager 575 Dorset Street South Burlington, VT 05401 Re: So. Burlington - Pappas Dear Bill: (802) 662-6451 (802) 663-2657 ISAAC N. P. STOKES COUNSEL Enclosed please find a proposed deed from the City to Peter Val Preda conveying Hough Street. Would you please excecute the deed and Transfer Return in accordance with the usual requirements. If you send the executed deed and Transfer Return to me, I will hold the documents in escrow until receipt of the deed and other necessary documents for acquisition of the new street. Very truly yours, Richard A. Spokes RAS:mil Enclosure CC: Jane Bechtel ✓ RICHARD A. SPOKES .JAMES D. FOLEY STEVEN F. STITZEL SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 April 15, 1985 ( 802 ) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL Bernard Lisman, Esq. Lisman & Lisman P. 0. 738 Burlington, VT 05402-0738 Re: Pappas - South Burlington Dear Bernard: After conferring with Jane Bechtel, the City Planner, it appears the following documents are necessary to perfect the exchange. 1. Irrevocable Offer of Dedication. I have enclosed the fors" we generally utilize. The information for the first "Whereas" clause is set forth in the March 26, 1985 Planning Commission approval resolution. The ® second "t]hereas" clause can si.mply refer. to a condition that a 50 foot wide stip of land along the easterly boundary of the Pappas property be dedicated to the City in consideration of the transfer of Hough Street to Val Preda. It appears that we will need a deed from Val Preda and a deed from Pappas, and thus both should be named as the "record owners" in the Offer of Dedication. The descriptive portions of the deeds can be attached to the Offer as Exhibit A. The Offer is recorded in the Land Records. When the new roadway is completed, the City Council by resolution will accept the dedication. At that point in time the deeds will be recorded. 2. Warranty Deeds from Val Preda and Pappas to the City of South Burlington, a municipal corporation situated in the County of Chittenden and State of Vermont. I believe the surveyor is furnishing metes and bounds descriptions for the deeds. 3. Vermont Property Transfer Returns for the conveyances to the City. 4. Partial Releases if either Val Preda or Pappas have an existing mortgage on the property to be transferred. 5. Quitclaim Deed from the City to Val Preda conveying Hough Street, but retaining necessary utility easements. We customarily deed City property by quitclaim deed since we are unfamiliar with the source Bernard Lisman, Esq. April 15, 1985 Pape 2 of title. If you can provide me with the correct grantee's name, I would be pleased to prepare a proposed deed. 6. Vermont Property Transfer Return for the conveyance of Hough Street. I will prepare this instrument upon receipt of the grantee's name and address. I assume you will prepare documents 1-4. Please don't hesitate to call if you have any questions or suggestions. Very truly yours, Richard A. Spokes RAS:mil cc: Jane Bechtel City Planner Note: 20 ft. wide Water and Sewer Line Easements are to retained L. by the City of South Burling- ton. Each easement will be centered on the respective existing municipal utility. 50. BUi-LI NG TON K HOO' AT N/F ✓HLPRF D/-\ 0 0 O 0 O 4 Z _4 30� 15" E TfZU - N/F COLL,.ETTE 2 8 � 2 5, 56, E ?-43.42 ems% L6oh17. L.O,�' (� CITY Off= P I i �I �I �i �18 � In� I� TER. 1,1 VLPR EDA 1 0. 84 AC2EE I� LOT21 I �I �I Ih 69. 8t5 N 28' 30 P 0 3� ACRES Z�8-OO' N 28a 2.5 ` 30" 6 -o NICHOLAS £ SAP-4,H QI� PAPPAS m r r� o �9 M Iz Q �I J � �� LOT o 1 h� I� 5 28 002 4 7- 90 30' OG- W �— S z8° Zlo' Ic SH'r LBURNE ROAD (l, /M r An, w JV G TV p W g �o TO N O cv in B&gcus> PAPAO+,S 70 CIT10 Ut Id L1J 010 o 4► N Q a '_TE 7) PROTEC T- LoCAT/ oN VICINITY MAP NOTE This 3 lot boundary survey �. Was compiled from informa- tion obtained from a plat entitled. PLAT OF SURVEY NICHOLS & SARAH PAPPAS PROPERTY. SHELBURNE RD. & BALDWIN AVE.. SO. BURLING- TON. VERMONT. Prepared by Warren A. Robenstien. L.S., January. 1985: and from information supplied by the owners. EXISTING IRON PIPE 0 IRON PIPE TO 8E SET -($)- HYDP—AN T ® SEWER MANHOLE a EXISTING MONUMENT -�-- PROPERTY LINE —_-- ROAD rR.O W 5 5— MUNICIPAL SANITARY SEWER W_ MUNICIPAL. wrrATERuNE. — — — — FORMER LO-r uAvE mmmm�n, SURVEY LOT BOUNDARY SURVEY � wa,t 3 UR �j CALCULATED:. O ` / CHECKED; �- r N iCHOLAS r.5aRAw PAPPAS , PETER KENNETH y Ga � � DESIGN VALPRt'.DA, A ND rNE CITE OF 501ITH _ W DRAWN aL)RLJNCGT0N, 2T-E. 7 £ SALDwIN AvE. so izo 16o FEET PINKHAM '�^' " •� ev N APPROVED: G E K Tom..; vE121V�UNT 20 JO IO ArErR£S = No. 203 DATE FZAT S-I9s6 �O SCALE I = 4O PR0J. N0.544i4 AIENGNfLtiKHRING ASSOCIATES, INC. SHEET / O F / Rowe 2A. Tah Coreen P.O.9 40S wiuutoo. V. .t 05495 2/25/85 JSB MOTION OF APPROVAL That the South Burlington Planning Commission approve the Final Plat of Peter Val Preda and Nicholas and Sarah Pappas for the relocation of Hough Street as shown on the set of plans entiteld "3 Lot Boundary Survey" and "New Street" as prepared by Pinkham Engineering Associates, Inc., dated 2/5/85 and `�rc�mQco.e�C3���I`b5, with the following stipulations: 1) The applicant shall install a�Afence along the Collette property line to the school property similar to the existing Collette fence. 2) A paved transitional flare shall be included where the new Hough Street meets the reconstructed sidewalk on Baldwin Avenue. 3) A standard base slab shall be provided under the catch basin that intercepts the existing storm sewer on Baldwin. 4) Storm drain pipe type shall be specified on plans. It shall be P.V.C., concrete, or asbestos cement. 5) Catch basin adjustment brick courses as shown on plans shall be precast concrete risers. 6) A bond shall be posted for street reconstruction in an amount determined by the City Engineer. 7) Sewer and water easements in abandoned Hough Street shall be dedicated to the City. 8) Legal documents for street dedication, and easements shall be field with the City Attorney within 90 days. 9) Revised Final Plat shall be recorded with the City Clerk within 90 days. )a ti i ved Date Application Coinpleted and Received By By CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIEIV 1) NAME, ADDRESS, AND PHONE NUMBER OF: (a) Owner of Record In 7611g- (b) Applicant J,4,ln k= '/+ S /113 0 (c) Contact Person 2) PROJECT STREET ADDRESS: 3) PROPOSED USES) : / � �' -�� - R I V, 4) SIZE OF PROJECT (i.e., # of units, floor area, etc.) - — 5) NUMBER OF FMPLOYFES (full & part time) 6) COST ESTIMATES: 7) 8) 9) 10) (a) Buildings (b) Landscaping /0) (-I-t, I (c) All Other Site Improvements (i.e., curb work) ESTIMATED PROJECT COMPLETION DATE 6; x ESTIMATED AVERAGE DAILY TRAFFIC (in & out) PEAK HOUR(S) OF OPERATION 11!3() 141l=l-c'& PEAK DAYS OF OPERATION DAT9 SIGNATURE OP APPL , La �a� r\ (j-V) nj � yc-a, a-io VO 0j, 1,5 1 5tr�f Crf )Af�-M+ ple4 "4 ,k 14 rmlio�-W� , --)2121 1 Q- 64" April 1, 1985 Nicholas & Sarah Pappas 187 Summit Street Burlington, Vermont 05401 Re: Pappas Restaurant Expansion Dear Mr. & Mrs. Pappas: Enclosed are the minutes from the Planning Commission meeting. All of the stipulations must be met and sewer capacity available before you can apply for the building permit to construct the expansion. Be sure to file your final mylar with the City Clerk within 90 days. Sincerely, Jane S. Bechtel, City Planner JSB/mcg 1 Encl cc: Peter Val Preda David Spitz Gerry Kittle 3/25/85 JSB MOTION OF APPROVAL That the South Burlington Planning Commission approve the Site fl(r' 'I 3�p S��V�Sti� P-+etn of Nicholas and Sarah Pappas for the 4,930 square foot, 100 seat expansion of Pappas Restaurant and the relocation of Hough Street as shown on the set of plans entitled "Site Plan, Restaurant expansion, Nicholas and Sarah Pappas, Route 7, South Burlington, Vermont" and "New Street" as prepared by Pinkham Engineering, stamp dated 3/20/85 with the following stipulations: 1) The applicant shall install a 145 foot fence along the Collette property line to the school property similar t to the existing 11 Collette fence. `vn kk t" J i`ti 2) A bond shall be posted for street reconstruction in an amount determined by the City Engineer. 3) Sewer and water easements in abandoned Hough Street shall be dedicated to the City. 4) Legal documents for street dedication and easements shall be filed with the City Attorney within 90 days. 5) An $8000 bond for landscaping shall be posted prior to permit. 6) A sewer allocation of"m gallons per day is approved in accordance with the South Burlington Sewer Policy. This project is on the waiting list foac�. 7) Final Plat^fo�sr�eet relocation and new lot divisions shall be recorded with the City Clerk within 90 days. 8) Building permits must be obtained within 6 months. CO O\J�k. 6-1 or� U\�� M E M O R A N D U M To: South Burlington Planning Commission From: James Goddette, Fire Chief Re: Agenda Items Date: 3/26/85 I would like to remind the Commission of the serious need for an additional fire station in the Shelburne Road vicinity. Additional facilities and expansions place dozens of lives and valuable property in danger due to the distance, traffic and time delays from our only station on Dorset Street. PAPPAS, SHEL RNE ROAD ansion requires a water supply of 1750 gallons per minute. One hydrant must be placed either on Shelburne Road or Baldwin Avenue`. — *fowN tv PLAN 3) BURLINGTON INTERNATIONAL AIRPORT I do not have adequate information on water mains, water supply and hydrant locations. At the very least this needs 3750 gallons per minute, and 4 hydrants that are of National Standard Thread. 4) O'BRIEN-MILOT OFFICE CONDOS There is no problem giving proper fire protection to this building. 5) PIZZAGALLI This building requires 2000 gallons per minute. One hydrant is needed on this property in addition to the one on Joy Drive. 6) TEMPLE SINAI, SWIFT STREET This building requires 1750 gallons per minute. Two hydrants are needed in this area. 7) WINDING BROOK I met with John llausner and came to the following agreement: a) A hydrant was left off this plan by units G. & F. It will be added. b) The roadway by building G should be connected to 150 Kennedy Drive for emergency use. The roadways between parking spaces and garages will be 30 feet wide. c) The roadway between the parking lot and the garage will be 30 feet wide by building H. The distance from the ridge to the paved larking area will. he 47 feet. Onc' hour fir(' 1-at0d w,111!, fr0111 HW f-loor to th(- r()()f k,;ill he 4 Unit!;. MEMORANDUM �. ti To: South Burlington Planning Commission From: Jane S. Bechtel, City Planner Re: March 26, 1985 Agenda items Date: 3/23/85 2) PAPPAS/VAL PREDA AND HOUGH STREET RELOCATION-. The revised plan combines the relocation of Hough Street with the expansion of the Pappas Restaurant. The expansion is 4930 square feet and 100 additional seats for a total of 10,200 square feet and 265 seats. The Claussens building on the same lot is 2040 square feet. Traffic: David Spitz has submitted a letter (enclosed) that proposes 63 to 160 peak hour trips. He concludes that these can be adequately handled due to the improvement in circulation and the layout of the lot. These improvements include routing traffic to the back of the lot onto Baldwin Avenue and to the signalized intersection, and closing one curb cut on Shelburne Road. Traffic overlay zone 4 (lots with access via a signalized public road to a high volume road) allows a maximum of 30 trips on a 40,000 square foot lot or 56 trips on this lot. This expansion projects 63 to 160 trips depending if it's a quality restaurant or a high turnover sit down restaurant. In order to stay within our overlay limits, the maximum building size for a high turn over sit down restaurant would be 13� square feet and 4� square feet for a quality restaurant (using Spitz figures). This restaurant expansion will be substantially higher at 10,200 square feet. The commission should discuss whether the improvements to the lot warrant the increased seating capacity, and increased traffic. Parking: The 265 seats require 76 parking spaces. Claussens re- quires 14. Ninety one are shown as required. Circulation: One curb cut in front of Pappas will be closed. Two will remain on Shelburne Road. A new curb will be opened onto Baldwin, circulating traffic to the rear, and onto Baldwin. Landscaping: This expansion requires $8000 in landscaping. Al- though Claussens is a part of this lot no change in landscaping or layout is proposed to that corner. The applicant does not wish to make the front of the lot in front of Claussens conform to our requirement of a 15 foot green strip traversed only by access drives. The landscaping plan on the rest of the lot should improve the appearance significantly. Memorandum March 26, 1985 March 23, 1985 Page 2 Agenda Items Other: Evidently the dispute over the property line has been settled. A letter from Attorney Sharp is forthcoming. 3) BURLINGTON INTERNATIONAL AIRPORT Revised plans show the expansion of the terminal with an additional 19,100 square foot on the first floor and 6,627 square foot additional on the second floor. A new employee and rental car parking area for 70 cars is shown. This plan incorporates the recently developed fee parking lot and revised circulation plan. The expansion requires a landscaping plan of $29,000. New land- scaping is valued at $2000. The applicant requests credit for landscaping that was installed during the parking lot renovation, and is valued at $26,000. This price includes stone for walkway, erosion control, bituminous concrete for walks, and seeding and topsoil which are items we do not calculate in the landscaping plan. The Commission should discuss whether this recently installed land- scaping can be credited to the expansion. 4) MILOT-O-BRIEN OFFICE CONDOS, KIMBALL AVENUE Height: The applicant has revised the plan slightly in order to request a height of 42 feet on the longest face of the building. The height from the street is under our 35 foot maximum. Under Section 18.112, the Planning Commission may approve an increase up to 45 feet if it determines the taller struction. 1) will utilize topography and will relate to other existing and proposed structures as to be aesthetically compatible with the neighborhood; 2) will not detract from scenic views of adjacent properties or public streets and walkways; and 3) will allow retention of add- itional green spaces that will enhance the appearance of the development property. For each foot above the normal 35 foot maximum, front and rear yard setbacks shall be increased by 1 foot, and sideyard setbacks shall be increased by � foot. The applicant meets those requirements by showing a front yard setback of 79 feet, when 57 is required, a rear yard of 103 feet when 37 is required, a west side of 19 feet and an east side of 82 feet when an 18h foot sideyards are required. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Planner Re: March 26, 1985 Agenda items Date: March 23, 1985 PAPPAS RESTAURANT-,SHELBURNE ROAD 1. -No-comments. 3) BURLINGTON AIRPORT, AIRPORT DRIVE 1. There exist a bituminous sidewalk along Airport Drive built during the last parking area expansion. This is not shown on plan. I assume it will not be removed. 4) O'BRIEN-MILOT, KIMBALL AVENUE 1. Kimball Avenue sidewalk shall be continuous across the entrance drive and tie into existing walk to the east. 5) PIZZAGALLI OFFICE BUILDING, JOY DRIVE 1. A sidewalk should be included along Joy Drive right-of-way and connect to the sidewalk on the drive to Meadowbrook. 6) TEMPLE SINAI, DORSET STREET 1. Driving into parking space, especially to the left, in the curved parking lot may be difficult in the 20 feet shown. This should be checked. 7) WINDING BROOK No comments. 5.yo C .. MAI 160 e1 O✓ V �{ 't �LOA. I v L( -ate oi 6 /1" ►Ll o Q Pt � I firaf 10. S asio.o Ctf 00 � peat . lor,fl.35 = as o0 qA�. 3o I • `� s L.rl 00 J-P. [' �b kr lA- f PINKHAM ENGINEERING ASSOCIATES, INC. P. O. Box 405 WILLISTON, VERMONT 05495 (802) 878-4771 TOs . %s?i�.E 1�EL°if7� r��tii �Diriti�s >n�2 _SaGITH '� r ;.t? G �ti�yic,i ✓T Q'S �/ LcETTIEa of UDIR SED"TTaL DATE�7� es - JOB NO. ATTENTION RE: WE ARE SENDING YOU Q" Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Copy of letter Prints ❑ Change order ❑ Plans ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION AAg % .6-5- 3.s4r. 3 THESE ARE TRANSMITTED as checked below: QTFor approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS z2f31_2> T,y� Cf,�.s� A��/E�✓S ♦�drJ �� /1����<� C3it./ �nt1 ' / .-,7.s 4..:�Lt. .4.5 !sue ��- "S" ✓��i -�.Ti�i s �� • �4 _ /9�� ./JJ6/�'��2�.ur�u,.�'7 c_c-err-� E��3- ctl�pys ri,ttl1� 7'�/1? 7- COPY TO,22�62975 _ .S/ l�Gf'��f� SIGNED: _ PRONCT240.2 t Ilm.,GMWMeaO1471. If enclosures are not as noted, kindly notify us at once. March 22, 1985 Nicholas and Sarah Pappas 187 Summit Street Burlington, Vermont 05401 Re: Pappas Restaurant Expansion and Street Relocation Dear Mr. & Mrs. Pappas: Enclosed are the agenda and a copy of my memo to the Planning Commission regarding your site plan application. Please be sure someone is present to represent your application. Sincerely. Jane S. Bechtel, City Planner p Encls cc: Peter Val Preda David Spitz Gerry Kittle P-) � �.'. �, , to)P`ti� - a y' �Q,� PINKHAM ENGINEERING ASSOCIATES, INC. P. 0. Box 405 WILLISTON, VERMONT 05495 (802) 878-4771 TO �yJs . _ate '6- 7 G /%,L .c��il//iY/Y/<S .4!0/M1w, WE ARE SENDING YOU C^tiAttached ❑ Under separate cover via ❑ Shop drawings ❑ Copy of letter Prints ❑ Change order L T ER OF RA fY11TTA►L DATE ATTENTION RE: ❑ Plans ❑ Samples ❑■ the following items: Specifications COPIES DATE NO. DESCRIPTION 1 e'x z-/ ' ESrWx��9�✓s�- THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit _copies for distribution Cf As requested ❑ Returned for corrections ❑ Return corrected prints R! For review and comment ❑ ❑ FOR BIDS DUE_ 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS_ s c� c. L s'.i�.� }/�rz/ /,� C'a✓�L-ems`" T.��JT T 5�•I�s�1,=2 2 � c3 � , � , �' T 9 `� �% � �� �'� ! �'i��- yCJ�� �7i�6�r': �—Ci/'✓ ✓ ✓7 =%f LJ" TA-4 ,/� Ti �,� � Y ,�.� 5,�6.y �_,�- i•J ��' ,r=-y.�,y'i TH,� ,gy y �,4r✓�-ems COPY TO ff Ste/ 72_�- SIGNED: e_ - , PRODUCT 210-2 � Inc, OMan, Men 01471. If enclosures are not as noted, kindly notify us at once. — �' `/ 2. PLA14NING COMMISSION FEBRUARY 26, 1985 center had been removed from the plans. A swimming pool will be added, and possibly kitchen facilities at some point in the future. There will be a covered walk connecting the restaurant and the motel. The number of buildings has beenlreduced to 2. A traffic light will not be required, although there will haveto be two entrance and two exit lanes. The traffic study will be submitted to the city. Ms. Bechtel said she and the City Engineer had met with a representative of Wagner, Heindel and Noyes and that he had been convinced that in almost every case, a development could be designed with facilities which would control run— off so that the velocities downstream are not increased. She said that if the facility were too expensive, or the developer refused to put it in, he should be obligated to reduce the scale of the project. Mr. Dooley came in at this time. Ms. Bechtel noted that another option on dealing with runoff would be a sort of "pay to pollute" policy. She felt the first alternative was preferable. She said it would take the firm until spring to get readings and calibrate the computer model. Mr. Blanchard said the developers were willing to work with the city so they did not contribute to runoff problems. Mr. Blanchard said they had decided to have a pedestrian path along the ravine side of the buildings. This will also allow the fire chief to put up a ladder and get hoses in to that side of the buildings. Mrs. Hurd asked whether plans for the convention center were being dropped temporarily or permanently and was told that if the developers returned with such a center, it would be much smaller and might be connected to a renovation of the Benes Inn. Mr. Poger asked about kitchenettes and was told that the issue had not been totally resolved yet. They would like to have about 25% have kitchenettes. Mrs. Maher asked the Planner to see if she could get figures on what percentages of the rooms in other hotels and motels in the area had kitchenette facilities. It was decided to have a site visit on Saturday, March 9, 1985 at 9:30 am. Mr. Jacob moved to continue the public hearing until March 12, 1985 at 7:30 pm at City Hall. Mr. Dooley seconded the motion and all were in favor. Public hearing on final plat application of,Val Preda and Pappas -for the relocation of Hough Street and the subdivision of lots into 2 arcp Is of 31,500 sq. ft. and 42,900 square feet located at 1080 and 1090 Shelburne Rd. Ms. Bechtel gave the Commission copies of a letter from David Spitz on traffic here. She explained the plan. She noted that the Pappases wanted to take advantage of the improvement of traffic which would result from moving the street and use it to satisfy a criterion in the Traffic Overlay section of the ordinance, in order to build a larger addition to the building than would normally be allowed. Mr. Poger said the intent of that criterion had been that if a development made improvments to traffic flow, they might be allowed to add more traffic to streets in the area. He said the Commission could not give a blank check to expand the building in the future. He agreed that the land swap and street relocation would improve traffic in the area, but did not feel that an extension in the future could rest on a swap made now. The Commission felt it could not make promises for the future. Mr. Sharp said he represented the Collettes, whose home is next to the proposed new road location. His clients oppose the plan. They have a pool which would be surrounded on three sides by roads if the new relocation takes place. He felt the road would be a nuisance which would devalue his clients' property and destroy their privacy. He also felt people would be encouraged 3. PLANNING COMMISSION FEBRUARY 26, 1985 to cross the Collette's land. He said there was another area between two homes where the road might go, but was told that the Collette's land bordered the commercial zone, and it was preferable to have the road there rather than in the middle of a residential area. Mr. Sharp said the Collettes requested a fence to protect them from traffic on the new road. He mentioned 10' tall, but the Commission noted that the Collettes had an existing 7' fence and that would probably be tall enough. It was noted that the Collettes had a shed on the Pappas property. Both sides wanted to look into this further and Mr. Dooley wanted to delay approval until this issue was settled. Mrs. Maher asked Mr. Pappas if he still wanted to proceed with the plan, since the Commission would not make promises for the future expansion of the building. He said perhaps he would come in with an expansion plan now and Mr. Poger felt that was a better way to handle it. It was suggested than any expansion plan for the restaurant include closing one curb cut on Shelburne Road and traffic coming inthatway and exiting throughtherelocated street. Mr. Jacob moved that the public hearing be continued until 4 weeks from tonight at City Hall at 7:30 pm. Mrs. Maher seconded the motion and it carried unanimously. Consider site plan application of Tom Chastenay for construction of an 1800 sq. ft. building for truck repair business and fuel oil distribution and plumbing business located at lot #4, Ethan Allen Farm Industrial Park Ms. Bechtel said that the Zoning Board had approved the multiple use of this lot and building. They put two stipulations on the approval: that a maximum of 9 vehicles be in the parking lot at any one time, and that storage of any flammable materials will be reviewed by the Fire Department and City Engineer. Mr. Chastenay said his business was now located on Hinesburg Road. The proposed 36' x 60' building will be used for an office, a garage and some storage. He now runs a fuel oil, plumbing and heating business and wants to add truck repair. There are 9 parking spaces in the lot and two inside the building. Mr. Dooley did not think 9 parking spaces would be enough. Ms. Bechtel said a neighbor had told the Zoning Board that he did not want to see a lot of trucks parking on the lot, so the stipulation about the trucks was added. Mr. Chastenay said he did not feel the truck repair would become a major item of business for him, so he did not object to the stipulation. The Planning Commission made it clear that they would not object if Mr. Chastenay wanted to add more parking spaces. If he finds that 9 is not enough, the Commission felt he would only have to return to the Zoning Board for permission to expand the lot. Mr. Dooley moved that the South Burlington Planning Commission approve the_ site plan application of Tom Chastenay for the construction of an 1800 sq. ft. building on lot #4 Ethan Allen Farm Industrial Park, as shown on plans entitled "Site Plan Lot no. 4 (Chastenay), Ethan Allen Farm" as prepared by Warren Robenstein dated February, 1985, with the following stipulations: 1. The septic tank location shall be approved by the City Engineer. Building plumbing shall be located so it can be connected to sewer main in the street. March 1, 1985 Nicholas and Sarah Pappas 187 Summit Avenue Burlington, Vermont 05401 Dear Mr. Mrs. Pappas: Enclosed ace the minutes of the Planning Commission meeting. Please call if you have any questions. S incerely, Jane S . Bechtel, City Planner JSB/mcq 1 Enc 1 cc: Peter Val Preda David Spitz Richard & Joyce Collette Rick Sharp Gerry Kittle No Text _Sh,-�- `�o� -� (tie�C�1� _s_.��-- lam' �_-- _ - ������ _ y MKS -- _����h j,�� __ -- -- -- c.�l ��� . _ - -- -. M E M O R A N D U M To: South Burlington Planning Commission Q� From: Jane S. Bechtel, City Planner CP Re: February 26, 1985 Agenda Items Date: 2/21/85 2) CARDINAL WOODS Daniel O'Brien has agreed to 4 items as an amendment to the approval motion. The first two are for the bonds for utilities and roads and the landscaping. The second two extend the deadline for submission of a construction schedule and legal documents from 30 to 45 days, as he has requested. 3) LARKIN, HARBOR VIEW INN Bill Szymanski and I will be meeting with Wagner, Heindel & Noyes, Inc., to confirm the procedures for the erosion impact study. The applicant will also meet with them prior to the meeting. The engineering firm may attend the Commission meeting to answer any questions. Traffic data is not yet available. We have tentatively arranged a site visit for Saturday, March 2, 1985. Time should be set at the meeting. A motion is in order to continue this to the March 26, 1985 meeting. 4) PAPPAS/VAL PREDA, SHELBURNE ROAD This subdivision shows the relocation of Hough Street from the center of the Val Preda lot to behind the Pappas and Claussens buildings, off of Baldwin Avenue. Initially, the applicant divided Claussens and Pappas restaurant into two separate lots, one being less than the minimum lot size. This has been revised to keep it as one lot with the two uses. The following two issues should be discussed: 1) both the Planning Commission and the City Council required the applicant to notify the Collette's, the nearest abutting property owner. Attached is a memo from the Collette's, outlining their concerns, and a request for a fence along the property line to protect the property, as well as children going to and from school using the new Hough Street. There is presently a 7 foot tall, wooden, slat fence surrounding the Collette swimming pool. With the exception of a small area Memorandum February 26, 1985 Agenda Items 2/21/85 Page 2 off of the porch, it completely encloses the pool. I have been told that the applicants have agreed to install a fence the length of this property line, as requested. Collette should know, however, that the survey shows his hedge and shed outside of his property. Therefore, the shed, at least, should be moved in order to install the fence. 2) Although this was warned as the relocation of Hough Street and the subdivision of property into 2 parcels, the applicant has withdrawn the subdivision request. The lot size will essentially remain the same, although there will be less depth and more frontage on Shelburne Road because of Hough Street. The applicant intends to leave the parcel large and make other improvements at a future site plan review to allow for a future restaurant expanison. An expansion would not be allowed under a strict interpretation of the traffic overlay criteria, but circulation and access improvements and other site improvements may produce a net benefit in traffic flow in the vicinity that would allow an expansion. This argument will be made for the record at the Commission meeting. Legal documents should be filed on the land transfers and road dedication. See Bill Szymanski' s comments 5) CHASTENAY ETHAN ALLEN FARM INDUSTRIAL PARK, LOT #4 The applicant proposes to construct an 1800 square foot building on lot #4, at Ethan Allen Farm Industrial Park. The Zoning Board will be hearing the appeal on Monday, February 25 for multiple use as a truck repair business and a fuel oil distribution/plumbing business. Parking and Circulation A gravel parking area is proposed with 9 spaces. Landscaping A $900 landscaping plan is required and will be reviewed before the meeting. Other The rear of the lot is in the flood plain that extends 170 feet maximum from the brook. Part of the septic area is probably with- in this area and should be designed and located to avoid being impaired during flooding. Earlier approved plans required septic systems to be installed in the front yard for easy connection to the street in the future. See Bill's memo. M E M O R A N D U M To: South Burlington Planning Commission From: William J . Szymanski, City Manager Re: February 26, 1985 Agenda Items Date: 2/22/85 ,4) VAL PREDA-PAPPAS,, OUGH STREET RELOCATION 1. A paved transitional flare shall be included where new street meets the reconstructed sidewalk in Baldwin Avenue. 2. A base slab shall be provided under the catch basin that inter- cepts the existing storm sewer on Baldwin Avenue. The catch basin can be a standard 2'x2'. 3. Storm drain pipe type shall be specified on plans. It shall be P.V.C., concrete, or asbestoes cement. 4. Catch basin adjustment brick courses as shown on plans shall be precast concrete risers that are available in various thickness. 5) CHASTENAY, ETHAN ALLEN FARM, LOT NO. 4 1. Location of septic tank is not shown. Building plumbing should be so located that it can be connected to sewer main in the street. 2. Site shall be graded so that surface runoff is toward the east. 3. There shall be a depressed concrete curb across the entrance. 6) BABY FURNITURE OUTLET, 388 & 400 SHELBURNE ROAD 1. The eastern most Proctor Avenue road opening can be decreased by about 12 feet. 2. The parking lot spaces should be marked. 3. Work on Shelburne Street will require a permit from the City of Burlington. 4. There is a need for a sidewalk along Shelburne Street, however, it would have to be constructed with approval from the City of Burlington. If that is possible the front parking would conflict with pedestrians on the sidewalk. 7) ETHAN ALLEN FARM, INDUSTRIAL SUBDIVISION 1. The proposed private road to serve lots 19,20 and 21 should intersect Ethan Allen Drive at 90 degrees. The traveled width should be not less than 20',easement should be 30' in width minimum. yi z NORTH COUNTRY ��\�" -- - ------�- P.O. Box 333 PING ,� c r' Winooski, Vermont 05404 ""`�'� (802) 655.3661 March 15, 1985 South Burlington Planning Commission c/o Jane Bechtel, City Planner 575 Dorset Street South Burlington, Vermont 05401 Dear Planners, This letter addresses traffic volumes and impacts for a 10,200 square foot restaurant at 1080 Shelburne Road. The best available data are estimates provided by the Institute of Transportation Engi- neers (ITE). However, it is unclear whether the new restaurant should best be described as (1) a "quality restaurant" with turnover rates of at least one hour or longer or (2) a "high-turnover,sit-down restau- rant " with moderate prices and frequently belonging to chains such as Howard Johnsons and Friendly's. Projections for both categories are included, but the best estimate may be somewhere in between. One advantage of restaurants is that their peak hours generally differ from those of the adjacent street. Traffic at most restaurants is virtually non-existent during the morning peak hour, and the majority of dinner traffic occurs after the street peak hour has passed. The two time periods that are included here are the noon hour and the afternoon street peak hour (between 4 - 6 p.m.). U` Enter Exit Total ITE TRIP GENERATION RATES (Per 1,000 Square Feet) {, "Quality Restaurant" Noon P.M. Peak 5.7 3.8 1.0 2.34 6.7 6.14 _' "High -Turnover, Sit Down Restaurant" Noon P.M. Peak 10.2 7.5 5.5 3.0 15.7 10.5 PROJECTED TRIPS (10,200 Square Foot Restaurant) "Quality Restaurant" Noon P.M. Peak Enter 58 39 Exit 10 24 Total 68 63 "High -Turnover, Sit Down Restaurant" Noon P.M. Peak 104 76 56 31 160 107 Pappas Restaurant Expansion Traffic Impact Report 3/15/85 page 2 Based on the above data, total peak hour traffic should be in the range of 63 to 160 trips. The most critical traffic movements will be those for exiting vehicles, ranging between 10 and 56 trips. While that number of vehicles can satisfactorily exit directly on to Shelburne Road, traffic flow will be considerably improved by routing exiting vehicles through the Baldwin Avenue traffic signal. Our proposed subdivision and site plan will provide several bene- fits for traffic flow in the vicinity: (1) Hough Street will be relocated, (2) one existing restaurant curb cut will be closed and (3) exiting restaurant traffic will be routed through the Baldwin Avenue traffic signal. We hope that you will consider these improvements to be suffi- cient to grant our request for the restaurant expansion. Sincerely, David H. Spitz cc: Nicholas and Sarah Pappas Peter Val Preda Gerry Kittle No Text NORTH COUNTRY PLANNING Jane Bechtel, City Planner South Burlington City Hall 575 Dorset Street South Burlington, Dear Jane, Vermont 05404 P.O. Box 333 - Winooski, Vermont 05404 (802) 655-3661 February 22, 1985 Throughout the lengthy approval process for the Pappas/Val Preda/ South Burlington land swap, we have felt that the City will receive a definite benefit in addition to the private property owners. The relo- cation of Hough Street will remove a congested intersection on Shelburne Road and will replace it with access via signalized Baldwin Avenue. We wish to request that the Planning Commission recognize this improvement as "a net benefit for traffic flow in the vicinity" under section 17.50 of the zoning regulations. The purpose of the request is to allow the Pappases or a subsequent buyer to expand the existing restaurant above the limits imposed by the traffic overlay district. ��Co -t 3� n `�,� -tL3t� y The current restaurant contains 130 seats, and the expansion would be no more than 100 seats (possibly less). � Additional detail will be provided at the time of site plan review. However, we feel that it is important at this stage of review for the Planning Commission either to give credit for an expansion or to conceptually approve that a "net traffic benefit" will occur. Please note that we have decided to delete the subdivision of the Pappas parcel so as to comply as fully as possible with the traffic overlay standards. We would also like to request a sewer allocation at this time in connection with the anticipated restaurant expansion of up to 100 additional seats. Thank you for considering these two requests. Sincerely, David H. Spitz cc: Peter Val Preda Nicholas and Sarah Pappas Gerry Kittle 10)arrL+-JO4ce GlIlr ha TD S (--, - S 01C II l-,c� Pfnr,i^r.c� Co m, RECEIVED RAPT D FEB 15 1985 MANAGER'S OFFICE MEMO CITY SO. _^URLINGTON DATE: Q-1 I -+ I �, SUBJECT: L-oC=tkCfh O� , PoL)C,h S7E _ ko-ue, <>e-up- rdf- CUrcQrn5 c our (-A �De�L)exi v 0-t ic,7, a4 ovr proms x ;mot � , . ( -rP „r 4 cF, i d ry e� p�_ci t�tL rncu ns� r2.a met g ;�l�o irnc c� } c v�.,r c,owr -5� recf *- Orrz+-o our pr'*e y ,, i po-n1 ck_r-est . (4) �JD? `3 @. o� %u -� -�- i C , l �m v� t.� Y- , (s u m rn e-, -- j l eLLJ pY23 "Tz: p)(011 L.- r®a ti, can s loL s of our p ro po re bt na s0er6 ch,1ct w-n c (A4sc� cuf dcrw-n r,7-r) nc?ice . PPety,�p a-etc,se .. ac mc, -K rig, -fie r,(,--c- pv+ uf 9 o fh rVIAj h t WOLI k r,lz yam' TOPS P FORM 41 51 PINKHAM ENGINEERING ASSOCIATES, INC. P. 0. Box 405 WILLISTON, VERMONT 05495 (802) 878-4771 a Tye c F j v• C.iJ2L/I�iG! itl. ✓ l Zsds '• WE ARE SENDING YOU C'1 Attached ❑ Under separate cover via ❑ Shop drawings ❑ Copy of letter 21Prints ❑ Change order LFEUTE 3 (OF UEZUSAUT"TQ& DATE JOB NO. sy _ ATTENTION RE: • /L1I.% �LL�� ❑ Plans ❑ Samples X the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION S! �S Z N�� . E� i � . � � '� •� �•/his -- - THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use [I As requested M"'For review and comment ❑ FOR BIDS DUE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ - - ❑ Resubmit._copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS ZV-E- c6.�L7 1"�c=Zl/Il�<J� S�✓: L/�r ticA� l� fL v1/�/ T/f %�i�/l� �F'j TZ 1..«-ST l•� 1�s.s K h�� �.�1�s5' /�L�y /mil-Y�!) l�e�T�' ��G4T��� 7a T�f� ,eC'.4�"�i�rs�/T�" ��.�- ?fiE' !•►/fl�.� � -S�'�✓�.� 'T%� Nei✓ s✓�J'�''S 7�' S; x'�'T' z�� �i.9'ic/F7J pc,.�it/ J�"L..�'.GjO" B;/ 7'.ls.C" �� T'3� �JY� .LGsT C.�,s3al/�'� �irJ� f!>iL� G`.Q.G �= !� //er+.-- f��J 3`'- f,�-l/1� ®�E3 TIa.✓3 0'."� Cd`ee1G�� F COPY TO �il� /i%�, Srr'17Z �' ✓.4�i'"�'Z�G SIGNED: '0MV 240-2 ® Ic, V'obI, Ne 01471 If enclosures are not as noted, kindly notify us at once. February 22, 1985 Nicholas and Sarah Pappas 187 Summit Avenue Burlington, Vermont 05401 Dear Mr. & Mrs. Pappas: Enclosed is the agenda for Tuesday's Planning Commission meeting and any other pertinent materials. Please call if you have any questions. Sincerely, Jane S. Bechtel, City Planner JSB/mcg Encls cc: David Spitz Gerry Kittle Peter Val Preda Richard and Joyce Collette aI t a�m ?A?PA5 - A, W 5 --m 'Heft 7F,13A tr wtorne& ?. C . Y�V�eJ AO cHanIt-, S-F p�C �o A.6, O k K CoLL:ETTF- -5.e-52- v�nem O 4't W\W 2/12/85 JSB MOTION OF APPROVAL That the South Burlington Planning Commission approve the Preliminary Plat application of John Larkin, LTH, Inc., for the construction of a planned commercial development entitled "Harbor View Inn" consisting of a 17,000 sq. ft convention center and 110 room hotel in building one, a 90 room hotel in building two and the existing 197 seat Benes Inn as depicted on a plan entitled "Proposed Sub- division to Bartlett Property, Lot 10 and Addition of 1710 Shelburne Road, for LTH Inc., John Larkin to form: Harbor View Inn with Benes Inn Restaurant" as prepared by R.G. Blanchard Design Associates, dated 1/21/85 with the following stipulations: 1. The development consists of 9.64 acres that includes the Benes Inn lot and part of Lot #10 of LTH Associates. 7.6 acres will remain as Lot #10. 2. Traffic data shall be submitted prior to Final application to substantiate the impact on existing and future conditions, the need for any off -site or on -site improvements, signals etc. 3. Handicapped parking spaces must be designated. 4. Bus parking and turn around area shall be shown on the Final Plat. 5. Landscaping plans must be submitted prior to Final Plat application. 6. The applicant shall work with the City Planner, the City Engineer and the firm of Wagner, Heindel and Noyse to include paying the upfront cost of calibrating the erosion control computer model subject to reimbursement of a portion of this cost by future developers, providing required site -specific datk to the consulting firm, and paying a share of the off -site improvements as determined by the model. This shall be completed prior to Final Plat approval. 7. The applicant shall place in escrow an amount determined by the City Engineer to construct the sidewalk along the Shelburne Road frontage, for after Shelburne Road is widened. 8. The sidewalk shall extend across the driveway and the entire frontage. 9. The location, size and design of the retention pond shall be coordinated with Jeff Noyse of Wagner, Heindal and Noyse. 10. A phasing plan shall be submitted to the City Planner. The sewer allocation shall be 40,000 gpd in accordance with the phasing schedule and with the South Burlington Sewer Policy. 11. Final Plat must be filed within one (1) year from this date. No Text Y1Js • 2 2�, � o Fv v 41t n� ... 00 / ItNDOOA ` cf a O p c b +F 12 70 , t MNNIFFF � �ogss 18 to 160 C • d r'?�• Te "l 1 PINKHAM ENGINEERING ASSOCIATES, INC. P. O. Box 405 WILLISTON, VERMONT 05495 _ (06� r ; Jt ) (802) 878s4?/ It WE ARE SENDING YOU © Attached ❑ Under separate cover via_ ❑ Shop drawings Ef Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ LFEIM IB OIL cTRUMMOD"TUL DATE � F�� JOB NO. I� ,•/i•� ATTENTION RE: G.�9�vv Ste✓ .ram he following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION Ag THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested For review and comment ❑ FOR BIDS DUE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections a ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS 5/4nv 4,/ic.J� adz �/o�u.� c'c�6�d ��>/o•,� �� /q s/sTg ti.1C Ni/ i /-ve S �� YcszJ i/Asi,� �.L/�/ GS��/�'S: ic.Js cte<- C�'�/�/�'i �.�TS vt�is�c�-.�.� /�✓.c /Y!A L! ,fir so�v�- �3Fa��t TL3 2 / y `�' �L.�7iI/tJ/i!/c-s GviYl,�oSsrd�r% /✓%F Tim ✓✓� G�h i-� .�9/�i'�.��"Gvi✓ �'.� Yoz� �c� ✓T-4� Tim �S ��✓%/� l � lid-ct✓/� �- COPY TOl_(6C:dam s / SIGNED: PRODUCT 240.2 ® Inc, Gmhm, MISL 0I471. If enclosures are not as noted, kindly notify us at once. ---� PUBLIC IEARING — —� — —_- SOUTH_.BURLINGI'ON PLANNING. QOWISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, February 26 1985, at 7:30 P.M. to consider the following: Final Plat application of Peter Val Preda and Nicholas and Sarah Pappas for the relocation of Hough Street and the resubdivision of lots into two parcels measuring 31,250 square feet with 125 feet of frontage at 1090 Shelburne Road, and 48,500 square feet with% 170 feet of frontage at 1080 Shelburne Road. Primp rtyis hounded by properties of C'nl lctttP, Brunelle and the Sp1ith nuzlinTton School Department, (Orchard School ) an Hough Strept Copies of the application are available for public inspection at the South Burlington City Hall. Sidney B. Poger Chairman, South Burlington Planning Commission February 9, 1985 No Text -C�mQA4a..e.&-City Attorney 1) Please be aware that this zoning le-gitimizescommercial uses. It does not necessarily protect residiential areas which,in theory, should be protected by the R-4 zone. The pressure to become commercial will accellerate with the resale of any property in this new district. 2) Itemaaf_the specific standards on page 2 should include a state- ment such as"Where deemed appropriate to protect adjoining uses, the Zoning Board may establish set back requirements in excess of those required elsewhere." (otherwise, some may try to argue that the standard equals the minimum set back, and less is possible as an "adequate distance" between uses. 3) Give further consideration to the meaning of community or a multi -community market. What criteria are appropriate? Destination shopping? im-pulse shopping? Is the goal to have no new trips? No Text NOX YH COUN`I KY PIANNING - I. South Burlington City c/o William Szymanski, 575 Dorset Street South Burlington, Vt. Dear Council Members, Council City Manager 05401 P O Box 333 Winooski, Vermont 05404 (802) 655 3661 October 17, 1984 B�iclosed is a sketch of the proposed revised location for Hough Street. The 'proposal is presented on behalf of two commercial property owners in the area. We hope that you will consider the following: 1) Hough Street divides Mr. Val PredaIsproperty into two segments and seriously limits the usability of the southerly portion due to strict South Burlington Zoning Regulations. 2) Hough Street, as a public thoroughfare, once served individual parcels but does so no longer due to consolidation by Mr. Val Preda. The only current user of Hough Street is the Orchard School. 3) The School Board has informally agreed to the concept of the street relocation. The Board concurs that access to Shelburne Road via signalized Baldwin Avenue is preferable to the current Hough Street loca- tion. However, the Board wishes to be assured that the City will continue to own and maintain the new street in similar fashion to Hough Street. 4) The property owners will construct a new street to standards that meet or exceed those for Hough Street. A sidewalk will be provided along with a 24 foot wide street (compared to 22 or 23 feet for Hough Street) within a 50 foot wide strip to be deeded to the City. Drainage details will be worked out during the required subdivision process. We hope that you will concur with the advantages of this relocation and that you will agree to abandon Hough Street in favor of a new City street and sidewalk serving Orchard School. Thank you for your consideration. Sincerely, � J#s � David H. Spitz, Planning Consultant cc: Peter Val Preda Nicholas and Sarah Pappas Leonard Lamoureux Frederick Tuttle F? \J R L C�)A i� 71JC�1 1 S NET TD BL �_OFJV Lr-'UFN \J A t—r'�Y•Z F_L� A G 1—T--I —r70 FZF TFa 1 f`I \ U AT FEZ �RFJ i1�RY SE_\VL2 EcaSE NA C-- r'i ! • p fiA\l R Vim. I 0 � �6 L- PRE -PA .^�..� ice. ✓.�...✓_� 1,.✓ � ��iJ� ✓...�_%y.. COQQ—YE-cD F-1F<r---OA j TO C)FcC Hf.4Cl-7 �-C_►-1r�1_ C EXib-n IG SF--4ED PPp-ce- - -r0 6E. / '� I iLJ C,pF.! \l EY E t7 FRt7M P. -►- I - 50� PR e-OA 70 �! f`I . 5 . PA Fr-7A 5 r I N. s_ WAS,Al LD ACC II{ I-._5o StGNa -IZEA FZJC�H—F - OF- \\JAY FOR �N RESS IN T-EPZ JE.GTION F~lp �FZF�` S CAh1�JEY FFcLDr./I P/�t'PAS - O TH oR(J-4 KO SU-4001_ \\vLSSat�j J C- I-i r 1---CD C.OTE:- 92ii N ELLS pIV E L.t_ VIN H El-i Q. Y F ;RMF�S FfRu IT Z U, [P 0 Z C I ROu►'jcs I 1-I O L f.if S GFZE Kj I "0 POPOSE-C) OFZCHA2C) SCHOOL. ACCESS 2��/IS10NS t_A t_ r I' • too s.ea Hl S CC»SJLIINC INCc4NCIas "C t— ... r-. -.. , e r January 15, 1985 Mr. Nicholas Pappas 187 Summit Street Burlington, Vermont 05401 Dear Mr. Pappas: Be advised that the Zoning Board of Adjustment has granted your request for a zoning variance. The Board stipulated that satisfactory screening be worked out with the Collette's in accordance with the approval of the Planning Commission. The Board will issue formal findings at a later date. r If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg 2. nAn` Tn"iG -E OMM I��E-0N -OXWAffY 2. Any future development on these lots will require a separate site Plan review and approval Mr.'Belter seconded the motion and all voted for it. Consider sketch plan application of Nicholas and Sarah Pappas and Peter Val Preda for the creation of a new parcel, adjustment of boundary lines and the relocation of Hough Street Ms. Bechtel noted that Hough Street divided the Val Preda parcel and limited the use of the southern piece. The only current user of Hough Street is the Orchard School and the Board has agreed in concept to relocation of their access to the school. Access would now be through Baldwin Avenue. Mr. Dooley arrived at this point. The new street would be to the same standards as Hough Street is now. The City Council has seen the plan and they wanted the owners of the Collette lot to be notified of the plan. Mr. Val Preda said that had been done and that either a fence or some shrubbery would be put in for screening. Ms. Bechtel said the Zoning Board would have to look at the plan, because 2 lots will have less than the minimum frontage, and one will have less than 40,000 sq. ft. Mr. Spitz noted that the Hough Street land would be added to the parcels in question, so there would be a trade-off of land. Mr. Val Freda would take the Hough Street land, but would also give some land to the Pappas lot to compensate them for the loss of land in the rear for the new road. This will be both a shift of land and a subdivision. The subdivision will give Claussen's their own lot. The Commission saw no problem with this. As no applicants were present, the Commission briefly discussed some issues relating to the Southeast Quadrant. Mr. Jacob wanted to limit condominiums in that area. Finding a good location for a fire substation was also discussed. One of the industrial lots was mentioned as a good location for something like that. Public hearing for the preliminary plat application of Homer and Marie Dubois for a 151 unit Planned Unit Development entitled "Butler Farms" located to the west of Ledgeknoll on Hinesburg Road Mr. Tyler Hart noted that a drainage swale ran through the land. He said there would be two entrances to Hinesburg Road and room will be provided for future extension of streets to adjacent land. Mr. Cobb wanted to work out something so that these 60' rights of way would be split between the owners on either side of them, who would maintain them. The city would own the land, though. Mr. Cobb said a 10 acre open space parcel would be left on Hinesburg Road. Dubois will retain another parcel where the houses are now and will give up the development rights on that land. Mrs. Maher asked that this issue be clarified - what will happen if the houses burn down or are abandoned? Ms. Bechtel said the density on the Dubois lot with the houses on it could not be increased once the development rights were given up. She noted, though, that there is an area behind the homes on which an additional 7 units could be built. Mr. Belter suggested that those additional units be shown on the plan at this time, even if they will not be built yet. Mr. Cobb said the family did not want to do that. The roads will be 30' wide and public. municipal sewer and water is available. Some improvements will be made along rte. 116. January 11, 1985 David Spitz North Country Planning P.O. Box 333 Winooski, Vermont 05404 Dear David: Enclosed are the minutes from the Planning Commission meeting at which your Sketch Plan was reviewed. I will tentitvely schedule your Final Plat for February 12, 1985 but please confirm your interest by January 22, 1985. Please call if you have any questions. Sincerely, Jane S. Bechtel, City Planner JSB/mcg 1 Encl cc: Nicholas and Sarah Pappas - 187 Summit Avenue, Burlington Peter Val Preda - Budge Rent-A-Car, Airport Parkway I'll" ;E r Memorandum January 8 Agenda items 1/4/85 Page 3 $50,000, and the major new developments over 5 years were estimated at 387 trips per peak hour.) 158 units x 709% to intersection x .53/unit = 59 peak hour trip ends.$59 . 387 x $50,000 a $7600. The developer will be required to pay $7600 that will be put into escrow and applied only to these intersection improvements. e) Educational services: A letter is needed from the school department. f) Municipal services: The Police Department has reviewed the plan and has no problem. Fire and Street Departments should also review. g) Protection of scenic or natural beauty: Clearly this grid type pattern provides development at a moderate density with substantial coverage. The provision for open space is made to ameliorate this. h) Housing needs: The demand for single-family home lots has been demonstrated at Ledgeknoll. These lots and homes are likely to be in the moderate to higher income price range. i) Open spa(je: The provision for open space are beneficial to the City. A Pedestrian Trail System conforms with the Comprehensive Plan. j) Streets and Utilities: These have been reviewed by the City Engineer. See Bill Szymanski's comments. k) Adjoining properties: Easements and right-of-ways will be provided to adjacent properties for the extension of roadways, drainage facilities and utility lines. 1) Energy conservation: No information received to date. m) Comprehensive Plan: The Commission has split on whether this is in conformance with the Comprehensive Plan, but the last vote was in favor. 5) PAPPAS AND VAL PREDA, HOUGH STREET, AND SHELBRUNE ROAD The applicants propose to increase the useability of the commercial properties owned by them by relocating Hough Street and creating one new parcel so Claussens and Pappas Restaurant each have their own lot. They presently share one lot. Memorandum January 8 Agenda items 1/4/85 Page 4 Please see the letter from David Spitz outlining the proposal. The Zoning Board will receive the request to create the 2 lots which do not meet the frontage requirements of 200 feet, and one that is 31,250 square feet, less than the 40,000 square feet required. The City Council and the School Board have been briefed on this request. See Bill Szymanski's comments. a LARKIN HOTEL COMPLEX, 1710 SHELBURNE ROAD The applicant proposes to combine the Benes Inn lot at 1710 Shelburne with lot #10 of the LTH subdivision for a total of 17.24 acres. The following uses are proposed: 500 room motel, 5000 + square foot restaurant, and 17,000 square foot convention center. This should be deemed a Planned Commercial Development, and the applicant should provide evidence that the PUD criteria (attached) are met. The following issues are relevant: a) Sewer capacity: It appears as though this project would re- quire in excess of 30,000 gallons per day of sewer capacity at a minimum. We are presently working with the State to gain an add- itional 100,000 gpd at the Bartletts Bay Plant. Of this, approx- imately 50,000 gpd is already committed by us and by the State. This project will obviously require the bulk of the balance and will limit any future development. Therefore phasing possibilities should be discussed. b) Erosion: This is in one of the steepest sections of the Bartletts Bay watershed area. The 46% lot coverage is likely to significantly effect the downstream properties. In light of the Commissions intrest in protecting the downstream properties, it appears wise to request the developer to work with Wagner, Heindel and Noyse to determine how this project will be. I have received a proposal from this Engineering firm that re- quires data from developers that can then be used for computer runs to evaluate the impact of the development so deterioration can be prevented. A calibration of the computer model will be required, and each development should be allocated a share of this upfront cost. After this, each development would cost $250-$800 depending on the complex- ity of the project. The upfront calibration could be completed by May, 1985. l N Memorandum January 8 agenda items 1/4/85 Page 2 13. Overall site plan should include road profile stations. Plans are difficult to follow due to lack of street names and lot numbering mixup. 14. This is only a partial review and more comments will follow. VAL PREDA - PAPPAS, HOUGH ST, AND SHELBURNE ROAD 1. Sidewalk shall be constructed on property line. 2. Plan detailing method of handling drainage, new street pro- file and typical cross section shall be submitted. 3. Plan should show sewer easement in abandoned Hough Street. January 4, 1985 David Spitz North Country Planning P.O. Box 333 Winooski, Vermont 05404 Dear David: Enclosed is the agenda and my memo for the January 8, 1985 Planning Commission meeting. Please note that the meeting will begin at 7:00 P.M. Please call if you have any questions. Sincerely, Jane S. Bechtel, City Planner JSB/mcg cc: Nicholas & Sarah Pappas Peter Val Preda Encls No Text PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 February 4, 1986 A.P. Restaurant Group Inc. R.D. #2, Box 2700 Shelburne, Vermont 05482 Re: Perry's Fish House Dear Tony: ZONING ADMINISTRATOR 658-7958 Be advised that a sewer impact fee of three thousand seven hundred and fifty dollars ($3,750.00) is being assessed to you based on an increase of 1500 gallons per day. Also, be advised that 1500 gallons per day is an estimate for one meal daily at an increase of 100 seats. Should you decide to operate your business for more than one meal daily an additional impact fee will be required at that time. If you have any questions please don't hesitate to call me. Ve truly yours, Richard R. Ward Zoning Administrative Officer i �rN S -- -------------------- -- V- SAL L,07 '76)910 _ 44- r-- FX ?I N 14-sAH P'.. A N7 H 14-t, i I C45 1,7 Oil01 �� I w 8 Ve col y J• � C wA ! �- 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 corrsider the following: #1 Appeal of David Joly and Mark Stephens #2 seeking a variance 19.65 Multiple uses , from Section 11.10 . Permitted uses and Section of the South Burlington Regulations. Request is for permission to occupy an existing dwelling unit as an office and dwelling and an existing garage as a storage distribution facility on a lot containing 15,000 square feet, at 57 Swift Street. Appeal of Nicholas and Sarah Pappas and Peter Val Preda seeking a variance from Section 18.00 Dimensional requirements of the South Burlington Regulations. Request is for permission to subdivide a parcel of land into two (2) lots, containing 31,250 square feet with one hundred twenty five (125�_ feet frontage at 1090 Shelburne Road and 43.550,00 square feet with one hundred seventy (170)__ feet frontage at 1080 Shelburne Road. 12/29/84 Richard Ward, Zoning Administrative Officer q PINKHAM ENGINEERING ASSOCIATES, INC. The Maltex Building 431 Pine Street Burlington, VT 05401-4742 TO Or- h k 7 WE ARE SENDING YOU W Attached ❑ Under separate cover via_ ❑ Shop drawings Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ L[EUTEa (IF DATE ATTENTION RE: the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION — ?,�l7 L.i✓.=' .i=tic, �' v/' .La "' /L�/.= - P? ti G/T ✓.¢ r� Z�=2i s THESE ARE TRANSMITTED as checked below: ❑ For approval V For your use As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS F.4S�;%.-G-`�i>/�1Ti- T-d fcJL= L./i . Go I`✓/nos M� /h.��. r�'�7f Pi4S CC�✓C�J.�. �.c �2f, 4=?=- oO Ta Do COPY TO %-'J /' ,Q�, Bc-cNreLg- SIGNED: CITY OF SOUTH BURLINGTON TO PETER VALPREDA This 0.34 acre parcel describes the boundaries of Hough St. be— tween U.S. Rt. 7 and lands of the South Burlington School Dept. (Orchard School). Beginning at an iron pipe in the easterly sideline of U.S. Rt. 7 in the City of South Burlington, at tfle southeast corner of the intersection of U.S. Rt. 7 and Hough St. three hundred sixty seven and nine tenths feet (367.9 Ft.) north of the northeast corner of the intersection of U.S. Rt. 7 and Baldwin Avenue; thence continuing northerly in and along the easterly sideline of U.S. Rt. 7 on a magnetic bearing of N 280 30' 00" E fifty feet (50 Ft.) to a point being the northeast corner of the intersection of U.S. Rt. 7 and Hough St.; thence in and along the northerly sideline of Hough St. on a magnetic bearing of S 61° 30' 00" E three hundred feet (300.00') to an iron pipe being the southeast corner of land of ValPreda and also being in the westerly sideline of the South Burlington School Department parcel (Orchard School) and also being the northeast corner of herein described parcel; thence in and along the westerly sideline of said school property on a magnetic bearing of S 28°30' 15" W fifty feet (50.00') to an iron pipe being the northeast corner of another lot of ValPreda and being the southeast corner of herein described parcel; thence on a magnetic bearing of N 610 30' 00" W three hundred feet (300.00') to the iron pipe at the point of beginning. Here —in described parcel corners are shown as a portion of Lot 2 on a plan by Pinkham Engineering, Assoc., Inc., entitled "3 Lot Boun—dart' Survey" for Nicholas & Sarah Pappas, Peter ValPreda, and the City of South Burlington, dated February 5, 1985. PETER VALPREDA TO NICHOLAS & SARAH PAPPAS This.0.30 acre parcel is a portion of the ValPreda parcel on the south side of Hough St. in the city of South Burlington to be conveyed to Nicholas & Sarah Pappas. Beginning at an iron pipe in the east side of U.S. Rt. 7 two hundred forty seven and ninety hundredth feet (247.90') northerly of the northeast cor— ner of the intersection of U.S. Rt. 7 and Baldwin Ave., and being the southwest corner of herein described parcel; thence in and along the east sideline of U.S. Rt. 7 on a magnetic bearing of N 280 30' 00" E fifty feet (50.001) to a point being the southwest corner of the lot to be retained by ValPreda and also being the northwest corner of herein described parcel; thence on a magnetic bearing of S 600 34' 30" E two hundred seventy eight and forty hundredths feet (278.401) to a point in the northwes— terly sideline of a parcel to be deeded to the City of South Bur— lington; thence on a magnetic bearing of S 760 25' 30" W thirty eight and thirty one hundredths feet (38.31') to an angle point in the northwesterly sideline of said parcel to be deeded to the City of South Burlington; thence on a magnetic bearing of S 289 25' 30" W twenty three and eighty seven hundredths feet (23.871) to a point in the west sideline of a parcel to be deeded to the City of South Burlington and also being a point in the north sideline of a lot formerly marking the Pappas property, and also being the southeast corner of herein described parcel; thence on a magnetic bearing of N 600 34' 30" W two hundred forty nine and ninety nine hundredths feet 249.991) in and along the north side— line formerly marking the Pappas lot, to the point of beginning. Said parcel is a portion of lot 1 on a plan by Pinkham Engineer— ing Assoc., Inc. entitled "3 Lot Boundary Survey" for Nicholas & Sarah Pappas, Peter ValPreda, and the City of South Burlington, dated February 5, 1985. NICHOLAS & SARAH PAPPAS TO THE CITY OF SOUTH BURLINGTON This 0.28 acre parcel is a portion of the Pappas parcel at the northeast corner of Baldwin Avenue and U.S. Rt. 7 in the City of South Burlington to be conveyed to the City of South Burlington. Beginning at a concrete monument in the north sideline of Bald- win Avenue being the southwest corner of land of one Collette and also being the southeast corner of land herein described, thence northerly in and along the west sideline of Collette on a magnetic bearing of N 280 25' 30" E two hundred forty three and forty two hundredths feet ( 243.421) to an iron pipe being the northwest corner of Collette and also being the southwest corner of the South Burlington School Department (Orchard School) and the northeast corner of herein described parcel; thence on a mag- netic bearing of N 600 34' 30" W fifty and four hundredths feet (50.04'); thence on a magnetic bearing of S 280 25' 30" W two hundred forty four and thirteen hundredths feet (244.131) to a point in the north sideline of Baldwin Avenue; thence easterly in and along the north sideline of Baldwin Avenue on a magnetic bearing of S 61° 26' 20" E fifty feet (50.001) to the point of beginning. Herein described parcel is a portion of lot 3 on a plan by Pinkham Engineering Assoc., Inc. entitled "3 Lot Boun- dary Survey" for Nicholas and Sarah Pappas, Peter ValPreda, and the City of South Burlington dated February 5, 1985. PETER VALPREDA TO THE CITY OF SOUTH BURLINGTON This 0.05 acre parcel is a portion of the ValPreda parcel south of Hough St. in the City of South Burlington to be conveyed to the City of South Burlington. Beginning at an iron pipe at the northwest corner of lands of Collette and also being the south— west corner of the South Burlington School Department (Orchard School lot), and also being the southeast corner of herein des— cribed parcel; thence northerly in and along the west sideline of the school property on a magnetic bearing of N 28° 30' 15" E sixty nine and eighty eight hundredths feet (69.881) to a point; thence on a magnetic bearing of S 76° 25' 30" W sixty seven and forty five hundredths feet (67.45') to a point; thence on a mag— netic bearing of S 28°25' 30" W twenty three and eighty seven hundredths feet (23.87') to a point thence on a magnetic bearing of S 600 34' 30" E fifty and four hundredths feet (50.041) to the point of beginning. Herein described parcel is a portion of lot 3 on a plan by Pinkham Engineering Assoc., Inc. entitled "3 Lot Boundary Survey" for Nicholas and Sarah Pappas, Peter Val— Preda, and the City of South Burlington dated February 5, 1985. No Text