HomeMy WebLinkAboutBATCH - Supplemental - 1175 Shelburne Road (4)�.4 ' C.d-M Pµ k-
State of Vermont
WATER SUPPLY
AND
WASTEWATER DISPOSAL PERMIT
�y.
LAWS/REGULATIONS INVOLVED
CASE NO. WW-4-0384-3 Environmental Protection Rules
APPLICANT John Larkin & Gerry Milot Effective September 10, 1982
ADDRESS 410 Shelburne Road
South Burlington, VT. 05403
This project, consisting of revisions to sewage allocation
for previously approved L & M Park, served by municipal
water and sewer services located 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.
This Permit does not constitute Act 250 approval under Case
Number 4C0877 . and amendments
GENERAL
1.) The Project has been reviewed and approved for the
following:
a.) residential building remain as previously approved
(39,000 gpd)
b ) construction of 22,000 square foot retail space with
reduced allocation (was 17,382 gpd)now 5,000 gpd)
c ) 115 seat, fast food restaurant remains as previ.ousl,�
approved (5750 gpd)
d. ) 1.000 seat movie theater remains as previousiy approved
( 5 0 0 0 gpd)
e.) Phis project has been granted a 10% reduction in (iesi.7n
wastewater flow, based on the proposed installation of Pater
s- a v i n g p L.uml) inn fixtures AccorCl.i ngl V , the pi.toinbing
fixta.ares utilized t.l-il—o ghoaat the project shall comply- with
t.lie follow-ing per•for•marice sp(, cif i.cations: wrd er c--o:,ets --
".:> �,dl _Li)r'IS/ i. ! Ur h, Ill Ft`; 1 illU(Il sllowerheads - =. it 5i-,m, (Ilaxirmrm:
,ancl (aet':-it ors or flow re`,•ti 1.ators; -
? . 0 rpm, rna . i rnum. 1 i ,Lrares comj)l.� i ng a, i tra st(;. 11 perf'ormanc<.
St. a11d:zrds shall. b per.manerana<aint.ained tIiroa.igho1_;t t.i-ie
project..
C , C
Water Supply & Wastewater Disposal Permit
WW-4-0384-3 John Larkin & Gerry Milot
Page 2
2.) All conditions set forth in Subdivision Permit EC-4-1650
dated 6/18/92 and EC-4-1650-1 dated 12/22/92 shall remain
in effect except as modified or amended herein.
3.) All conditions set forth in Water Supply & Wastewater
Disposal Permit WW-4-0384 dated 7/2/91, WW-4-0384-1
6/�8/92, and WW-4-0384-2 12/22/92 shall remain in effect
except as modified or amended herein.
4.) The Protection Division now reviews the sewage and
water systems for public buildings under 10 V.S.A., Chapter
61 - Water Supply and Wastewater Disposal Permit.
5.) No alterations to the building 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.
6. In the event of a transfer of ownership (partial or whole)
of this project, the transferee shall become permittee and
be subject to compliance with the terms and conditions of
this permit.
7.) By acceptance of this permit,
the
permittee agrees
to allow
representatives of the State
of
Vermont access
to the
property covered by the permit,
at
reasonable times,
for the
purpose of ascertaining
compliance
with
Vermont
environmental/health statutes
and
regulations, with
this
permit.
WATER
8.) The project is approved for water supply by connection to
the municipal water system. No other means of obtaining
potable water shall be allowed without prior review and
approval by the Division of Protection.
Water Supply & Wastewater Disposal Permit
WW-4-0384-3 John Larkin & Gerry Milot
�Page 3
SEWAGE
9.) The project is approved for connection to the South
Burlington Bartletts Bay wastewater treatment facility for a
maximum of 50165 (including 890gpd infiltration) gallons of
sewage per clay.
Dated at Essex Jct., Vermont this 17th day of June, 1993.
Jack Long, Acting Commissioner
Department of Environmental Conservation
By Gyy (0oa)�LL,
essanne Wym
Assistant Regional Engineer
cc: For the Record
City of South Burlington Planning Commission
.Act 250 Coordinator-FI
Water Supply Division
Department of Labor and Industry
Fitzpatrick -Llewellyn
Joe We 1 th
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FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000
15 June 1993
Ms. Jessanne Wyman
Assistant Regional Engineer
Division Of Protection
111 West Street
Essex Junction, VT 05452
Re: Case No. WW-4-0384, L & M Park, South Burlington, by John
Larkin & Gerald Milot.
File: 88047
Dear Ms. Wyman:
As per our telephone conversation of 15 June 1993 regarding the
reduction in approved sewage flows for the above described project,
we are forwarding for your files the following flow summary:
a) Construction of residential buildings #1 through #5,
approved allocation 39,000 gpd
b) Construction of 22,000 Ft2 of retail space
revised allocation 5,000 gpd
c) 115 seat McDonalds restaurant,
approved allocation 5,750 gpd
d) 1,000 seat movie theater,
approved allocation 5,000 gpd
Total 54,750 gpd
Apply a 10% reduction in wastewater flow granted for low flow
fixtures in all units. 54,750 x 90% = 49,275 gpd
Add
Infiltration = 300 gallons/ inch dia/ mile of pipe/ day
650' of 6" sewer service 221.59 gpd
1,470' of 8" sewer main 668.18 gpd
Total 889.77 gpd
Total daily design flow: 49,275 + 889.77 = 50,164.77 gpd
Our initial letter of 28 May 1993, did not total the flow
breakdown, but we hope that this letter provides clarification for
your file.
Design 0 Inspection • Studies • Permitting 0 Surveying
Ms. Jessanne Wyman
File: 88047
15 June 1993
Page -2-
Should you have any other questions in this regard, or need
additional information, please contact us.
Sincerely,
FITZPATRICK-LLEWELLYN INCORPORATED
Charles Ian Winkle
Project Manager
cc: John Larkin
Gerry Milot
Joe Weith, City of South Burlington~
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
PLANNING COMMISSION
23 March 1993
page 4
Mr. Craig asked if there would be an entrance turn lane. Mr.
Kelly said the warrants for that weren't met. Mr. Craig said
he would like to see a right turning land into the project.
He felt they work very well. Other members agreed and Mr.
Milot said he would provide this. Mr. Scott suggested a "no
passing zone" there as well. Mr. Scott added that it would be
nice if the light at Swift could be pedestrian activated in
view of the location of the bike path. He also noted that Mr.
Milot had been generous in the dedication of recreation path
land.
Members felt the application should be continued as there were
still outstanding issues including school impact fees, sewers,
and others.
Mrs. Maher moved to continue the application until 30 March.
Mr. Sheahan seconded. Motion passed unanimously.
3. Revised Final Plat application tf.John Larkin and Gerry Milot
to amend the L&M Park planned commercial development as follows:
1) revise the building sizes and parking lot of the residential
portion of the development, and 2) subdivide the project to
create separate parcels for the residential and commercial
portions of the development, Shelburne Rd.:
Mr. Milot said they did separate financing on the commercial in
the front and the rear, and the bank attorneys had a problem with
subdivision. They want a "foreclosable line." The question is
where to put it. Mr. Milot said there can be a stipulation that
both pieces will always remain part of the planned commercial
development. He showed a possible line delineating commercial
and residential lands. Mr. Llewellyn noted it pretty much
follows the sewer line easement. Mr. Craig noted the 100 foot
strip along with the boundary previously required to be dedi-
cated to the city for the Southern Connector will be included in
Parcel A and not be dedicated to the city. Mr. Weith noted the
Southern Connector has been taken out of the Official City Map.
He also noted the applicant will provide a 20 foot easement for
the recreation path.
Mr. Steele then outlined other changes to the plan. Building 2
has been changed to now have its entrance to the south instead
of north. They also took out the corner of the building to ac-
commodate the CO Zone. They will correct the discrepancy between
sheets 11 and 15, as noted by the City Planner. They will change
the names of abutters and will change lot F to lot E. 55,000 gpd
sewage is required.
The question of parking on Fayette Rd. was raised. Mr. Milot
said they are still working on this. He also updated the status
-4-
A
t
Y
`
PLANNING COMMISSION
23 March 1993
page 5
of the TMA. He felt new developments should be required to join
as there is a representative from just about every business on
Shelburne Rd.
Mr. Austin moved_ the PlanningCommission approvethe revised final
plat a_pplic_a_tin_of_John_ Larkin and GerryMilot to amend theWL&M
Park _plannedWcommercial�developmeit which consists of 150 resi-
dential units,,LLa_61 room hotel, 20,000 sq. ft. movie theater
seats), 22,000 sq. ft. of retail use, a 3,100 sq. ft. fast-
food_ restaurant with drive throw h, and a bank with drive throwgh
as follows: 1) revise the building s sizeand yout__
parkin laof
------------------- -
the_residentialpQ�-�q�of_ the development, and 2 ) subdivide the
project t0 create_ separate parcels for the residential and com-
m_ercia_lLortions of the dev_ elome_nt, as de2icted on a sixteenae
set of plans entitled "L&M Park Overall Site Plan," prepared by
Fitz2atrick-Llewellyn ,Inc, and dated 6/90, last revised 2/l2/_93,
and as depictedWon a survey plat entitled "L&MWPark,-Proposed
SubdivisionPlan-Prepared by Fitzpatrick Llewell Inc, and
dated 12/90, last Wrevised W3/4/93,Wwith Wthe Wfollowinq stipulations:
1W All previous approvals and stipulations which are not super-
seded by_Llis-approval shall remain in effect,
2. Prior_ to recording the final plat plans, a "Notice_ of
Condition" shall be recorded in the land records which identifies
this entire development as a planned commercial development (PCD)
and which legalLLy ties all the lots in this development into one
PCD for all_planningL zoning and subdivisionses.
3. Prior to recording the final plat plans, a "Notice of Condi-
tion" shall_be recorded in the land_ records_w_hic_h legaLLyWties
lotsA andWB together as one lot and prevents any development of
lot B -- ----- -
4. Prior to issuance of any zoni�n��buildinq permits for this de-
velopemnt,_Wthe applicant shall submit legal documents_ for the re-
creation -path easement -to the City Attorney for -approval. The
LiaaL_d_O_cuments shall be recorded in the land records-prior-to-
2eIEEit issuance. AAny existinnqlegal documents shall be revised
to eliminateWthe_proposed 100 foot wide r.o.w_. alon the western
boundary of the�proect. The revised_ ocuments shall Wbe�approved
by the CityWAttorney andWrecordedWin the land records prior to
issuance -of Wan zoning/buildings ermits._�W� W� WWy
5. TheW�lansWshall�be�revised �prior �to�recordinq-toWshow the
following:
a. the 100 foot wide r.o.w. along the western boundary of the
ero'e� ct shall beeliminatedand instead showWa 20 foot wide re-
creation ath easement (exact location to be determined bv City
- ---.ue........_.rea r._� .. � ..�4 �..4
-5-
9
PLANNING COMMISSION
23 March 1993
page 6
at later date.
b._yr000sedcarking-layout-for�residential Wunits �shall be
consistent_ on all plan sheets.
c. the survey Plat must show water line easement brevin the
J.W.J. Realty�roperELy-to�thenorth�.��
6. The Planin Commission rants a total new sewer allocation of
55�000 �d��nfor_ thi_s_d_evelooment. This as_sum_es_a credit for the
existinn hotel�(i.e. Larkin Terrace) �and �bank. _Applicant �will
�
revise their awarded allocation_ from the state so that it is
consistent with the City'_s_granted�allocation �of 55,000-- qpd.
7. The finalolat_plans_(including-survey Plat) yshall �be recorded
in the South_Burlington Land Records within 90 daysor_this_apW
proval�is nulland�v�dThe signed by the
Planning �Commission �Chair �or Clerk_prior�to�recording.
Mrs. Maher �seconded �the motion which�thenypassed_unanimously.
4. Site Plan application of Merrill Jarvis for construction of a
600 sq. ft. addition for restaurant use to an existing building
located at 1216 Williston Rd:
Mr. Dugan said they are looking for a 600 sq. ft. addition on the
front of the Silver Palace. There would be no increase in
seating as a result of this. They only want a larger waiting
area. They will also move the bar. There will be no increase in
traffic. The parking will be the same as that approved for
the theater addition, and there will be no new lighting. One
traffic island will be slightly moved to maintain the fire
lane.
No concerns were raised by the Commission.
Mr.WAustin_moved �the Planning �Comm issionWapprove_the_revised�site
planWap�lication�of�MM_e_r_rill�Jarvis�for�co_ns_tr_u_ction_of_a 600 sg_
ft. addition_for restaurant �use Yto an -existing building depicted
on_a plan entitled"Add_.ion�to�Silver�Palace�RestaurantY" pre-
pared by_Michael Du. Architect �and �dated �revised �2/12/93,�with
the following stipulations:
l All previous approvals and stipulations �which �are �not �super-
seded _bm_this �approval�shall remain �in�effect.
2. This�appEov ,L is�conditioned �on�a�maximum �of�102�seats �(res-
taurant and bar_) �i_nLthe r_e_stauran_nt_. __A_n_y_increase�in�seating
shall reqapp uire_roval_byvthe�Planing_Commission.
3y_Anynhange_in�existing�lightin�or�new_lighting-shall-be-ap-
roved�bby the�City-Planner prior to�installation.
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
September 16, 1993
John Steele
FitzPatrick-Llewellyn, Inc.
One Wentworth Drive
Williston, Vermont 05495
Re: 2 Lot Subdivision, L&M Park
Dear Mr. Steele:
ZONING ADMINISTRATOR
658-7958
Enclosed please find a copy of the Findings of Fact and Decision on
the above referenced project which was approved on 3/23/93. If you
have any questions, please give me a call.
i cerely,
e Weith,
ty Planner
1 Encl
JW/mcp
cc: Gerald Milot
John Larkin
SOUTHLAND CORP.
CENTERLINE OF
RAILROAD TRACKS
PROPOSED 30
BUILDING TYP.
N/F
STATE OF VERMONT
OWNER/LESSOR
VERMONT RAILWAY
LESSEE
W R.O.W. TO BE
DEDICATED TO CIT
EXISTING RES£RVINR AND
EASEMENT TO BE
RESOLVED
J2' WDE PUBLIC
STREET WTHIN
A 60' RICHT-OF-WA
TO BE DEDICATED
TO CITY
LEGEND
PERIMETER PROPERTY LINE
R.O. W. / EASEMENT LINE
EDGE OF PAVEMENT
------------- LIMIT LK CONSERVATION ZONE
------------- LIMIT OF WETLANDS ( E TYPICAL)
60'110W. FOR FUTURE
ROADWAY EXTENSION.
LOC.'.TION OUTSIDE OF
CONSERVATION ZONE
TO BE DETERMINED BY*
AND DEDICATED TO
THE CITY
100' C::WSERVA ROV ZONE
-15' IYATERLIAE EASEMENT
pop r� V�'TEfl.t-,JE Eb'�c NiJT
G.C.��6a-O-Je✓ aro-anliu� �-(n.T �v.+h% ^ _
L
µGOWN AVC
111 71. 22' 41' W
25
City of So. Budingto ii
11.40'
S /B• IS' IB' W
45.86,
TO BE DEDICATED TO THE
STATE OF VERMONT
X757TNC CURB CUT
—TO REMAIN
S 71. 22' 4Z' £
188.60'
-� S71.11'42'E
II 11'50,
-#S LB' 36'04'W
11 125.00,
l l MCOONALDS
I RESTAURANT
'PRC�POSED
RETAIL / COMMERCIAL
DEVELOPMENT
3 P/
I rt�va+t acY�� e..or+. s✓w�w�f w.
dG.ii14 �b3T.
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LOCUS
NOTES "rs
1. OWNER O' RECORD: JAMES FAYETTE
1930 SHELBURNE ROAD
SHELBURNG VERMONT 05482
Z APPLICANT:• GERALD MILOT B JOHN LARKIN
P.O. BOX 4T9J
BURLINGTON. VERMONT 05402
J. ZONED: COMMERCIAL 1. CONDITIONAL RESIDEN77AL USE PREVIOUSLY
APPROWD BY SOUTH BURLINGTON ZONING BOARD OF AD.AISTMENT.
4. TOTAL PARCEL AREA: 33.53 (+/—) ACRES
5. TOPOGRAPHY AND EXIS77NG FEATURES TAKEN FROM A PLAN EN77TLED
CAM BUSINESS PARK SKETCH PLAN' BY DONALD L HAMLIN, DATED
12118186. AND FROM INWSTIGA77ONS PERFORMED BY THIS OFFICE.
PERIMETER PROPERTY LINE INFORMA RON TAKEN FROM A PLAN
ENT77LED CAM PARK /1175 SHELBURNE ROAD. SOUTH BURLINGTON.
VERMONT. DRAMINC NUMBERS D 3723 AND D 3849. DATED NOVEMBER
1990. LATEST REVISION FEBRUARY. 1991.
6. £Xr'STING SANITARY SEWER LOCATION AND ELEVATIONS TAKEN FROM
DRAMINGS PROVIDED BY THE CITY Oc SOUTH BURLINGTON
AND FROM INWS77CA77ONS PERFORMED BY THIS OFFICE. EXISTING
16' C.W.D. TRANSMISSION MAIN LOCA77ON BASED FROM INFORMATION
PROVIDED BY THE CITY Or SOUTH BURLINGTON WATER DEPARTMENT.
ALL LOCA77ONS MUST BE F7ELD VERIFIED PRIOR TO CONSTRUC77ON.
7 LOCA 77ON AND WDTH OF AN T7CIPA TED HIGHWAY RIGHT—OF—WAY SHOWN
AS DCSCR16ED BY THE CITY OF SOUTH BURLINGTON CITY PLANNER.
25' SETBACK FROM R.O.W. MAINTAINED AS 577PULATED BY PLANNER.
B. TOTAL MUL T7—FAMILY UNITS — 150
TOTAL NUMBER Of' MUL 77—FAMILY BUILDINGS 5
TOTAL PARKING SPACES REQUIRED 338
PARKING SPACES BENEATH BUILDING L35
OPEN PARKING SPACES PROVIDED 209
TOTAL NUMBER OF PARKING SPACES PROVIDED —344
9. COMMERCIAL/RETAIL AREA AND BANK
20.000 +/ SO.FT. THEATER
22, 000 SOFT. RETAIL, 3100 SO. FT RESTAURANT
PARKING SPACES PROVIDED - 393
la EXISTING 61 UNIT HOTEL BUILDING
EXISTING PARKNG S-XC'ES PROVIDED 73
TH
t. raa .-au ,.wee. •�.w ,rw�ra
17 Rrvr. ED-..lav aadPWfw- u.-�o.rT 1•A,aZ � rye-v,7u ca.+..cecw..V ce-i.-,.- i+�.. Pw T+'cNi�
REVISIONS DATE s oVo ,.. -C o . "ti ea�.c•wcs P
' a 4Gv.tit• b ,� ti •ow ..Mnq� v .� v, � � �
•i QG.�•oE ¢i!_' l vv-.i -r . Tt 'SoeLeS
1 aw.x �.wT.n
GRAPHIC SCALE O. REVISIONC
1 IN FEET) IT IS THE USERS RESPONSIBILITY TO ENSURE
CONTAINS THE LATEST REVISIONS.
4 .mom PR IN R PLAT ACT
FINAL PLAT ECONSTRUZ
I InC11 • 100 It *rs . •cr r,rr orsrc" n
L & M PARK �'Si 91
'1- r291 Sarlu euet�Lro'� W-T
0 VERALL SITE PLAN
65047
JUNE 1990
OATi ti � <•a L�j Lj VV L'j L�� 11 UV
'H!S ORAWI • ` INCORPORATED SLM
D 3264
no""L�4 NLUSTON.e VERMONT
/ l6
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Memorandum - Planning
March 23, 1993 agenda items
March 19, 1993
Page 6
--- all watercourses should be shown on the 1"-40" scale plans
with the corresponding C.O. zones.
--- exterior lighting details for the multi -family buildings
should be provided.
--- dumpsters for the multi -family buildings should be shown and
screened.
--- pump station details on page 25 indicate that 80 multi -family
units are proposed, application is only for 64 units.
--- the 4.51 acre George O'Brien lot should be shown as part of
this development.
--- roadway details on page 26 refer to "Deerfield Drive" at
several locations, this name can not be used as it is already
used for another street in the City.
--- under the legend on all the sheets, the "setback" symbol
should be for C.O. zone limits. The C.O. zone limit is not a
setback.
--- applicant has submitted a report addressing the PUD standards
under Section 19.151 (see enclosed).
--- no filling should take place in the C.O. zone to accommodate
Building F.
3) L&M PARK - TWO (2) LOT SUBDIVISION - REVISED FINAL PLAT
This project consists of an amendment to the PCD to create a two
(2) lot subdivision of the 33.53 acre lot into a 22.65 acre lot for
the residential portion of the development and an 10.87 acre lot
for the commercial portion. Also included with this application
are minor parking and circulation changes for the multi -family
buildings and larger footprints for these buildings. The Planning
Commission reviewed the sketch plan for this proposal on 1/26/93
(minutes enclosed).
This entire property is involved in the PCD and eventually when the
road is accepted by the City and this subdivision is approved there
will be a total of four (4) lots. In the future when one (1) of
these lots is proposed for development or for an amendment, the
entire PCD will have to be reviewed, not just the lot under
development. A "Notice of Condition" should be recorded that
legally ties all these lots under one (1) PCD for all planning,,yy
zoning and subdivision purposes. v
,mac,
6
111r,"t . ,T• . 1}52!b �! 1y2 U/ jli Pf .�a 2
I
Memorandum - Planning
March 23, 1993 agenda items
March 19, 1993
Page 7
Lot size/layout: The minimum lot size in this district is 40,000
square feet for the commercial lots and 21.4 acres for the
residential lot.
The Planning Commission can modify setbacks and frontage
requirements under Section 11.507b. Coverage, minimum lot size and
density can not be modified. This particular development is more
complex than most because of the mixture of residential and
commercial.
The entire parcel is 33.53 acres and to satisfy density
requirements at least 21.4 acres (7 units per acre divided by 150
units = 21.4) must be allocated to the residential portion. This
leaves 10.04 acres for the commercial portion.
The maximum building coverage and lot coverage for residential uses
in this zone is 20% and 40%, respectively. At 20% maximum building
coverage, 21.4 acres allows a maximum of 186,437 square feet of
building footprint. At 40% maximum lot coverage, 372,874 square
feet of overall coverage is allowed.
The maximum building coverage and lot coverage for commercial uses
in this zone is 30% and 70% , respectively. At 30% maximum
building coverage, 10.4 acres allows a maximum of 135,907 square
feet of building footprint. At 70% maximum lot coverage, 317,116
square feet of overall coverage is allowed. The above calculations
do not include the area of the future City street.
The land area which must remain with the residential complex is
21.4 acres. Once Fayette Road is accepted by the City, they
residential area will consist of two (2) lots, lot A located
westerly of the street and lot B located on the easterly side as
shown on the survey plat. A "Notice of Condition" should be �
recorded that ties lots A and B together and prevents any
development of lot B.
Lots A and B do not provide enough acreage to meet the 21.4 acre
minimum. Staff recommends that the 100 foot strip along the
westerly boundary previously required to be dedicated to the City
for the Southern Connector be included in parcel A and not be
dedicated to the City. This will result in the residential complex
having 21.93 acres. In its place the applicant should provide a 20
foot easement for a recreation path/bikeway with a
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Memorandum - Planning
March 23, 1993 agenda items
March 19, 1993
Page 8
N
IV
notation that the exact location of the easement is to be y
determined during the path's design stage. The inclusion of this �1}
land into the residential portion is the only way the minimum lot
size of 21.4 acres can be met. to .`
The survey plat should be
100 foot strip is subject
note #6 removed.
revised to remove the notation that the
�r
to an irrevocable offer of dedication and .<,,,
Coverage/setbacks: Commercial portion: Building coverage is
65,300 square feet (maximum allowed is 125,453 square feet).
Overall coverage is 253,550 (maximum allowed is 292,723 square
feet). Residential portion: Building coverage is 42,880 square
feet (maximum allowed is 191,054 square feet). Overall coverage is
125,340 (maximum allowed is 382,108 square feet). The above
maximums are based on the residential lot being 21.93 acres and the
commercial portion being 9.49 acres.
Parking: A total of 338 parking spaces are required for the
residential portion and 342 spaces are being provided. The plan
shows two (2) handicapped spaces underneath each building as
required by the Planning Commission. The parking area south of
building 2 was revised since the sketch plan to eliminate
encroachment into the CO zone.
Access/circulation: The access to the underground parking for
building #2 has been changed. The access was previously located at
the north end of the building. It is now located at the south end
of the building.
Circulation is still adequate.
Other:
--- there is still a problem with residents of Larkin Terrace
parking along Fayette Road.
--- applicant should provide update on the TMA.
--- the City has allocated 49,528 gpd of sewage treatment for this,
�_.�
project. The State has allocated 63,028 gpd. This additional
13,500 gpd allocated by the State is not needed. The
applicant should revise its discharge permit with the State in
order to free up capacity in this area of the City.
--- parking lot layout south of building 2 is shown differently on
sheets 11 and 15 than shown on sheet 3, all sheets should show,.N(
the same layout.
1,14`
Memorandum - Planning
March 23, 1993 agenda items
March 19, 1993
Page 9
--- the survey plan (sheet 1 of 1) should show the new water line
easement to J.W.J. Realty.
--- on the survey plan there is a lot F but no lot E.
--- provide current names of abutters on survey plan.
4) MERRILL JARVIS - SILVER PALACE ADDITION - SITE PLAN
This project consists of the construction of a 600 square foot
addition to the 102 seat Silver Palace Restaurant with no
additional seating. The Planning Commission on November 10, 1992
(minutes enclosed) approved two (2) additions to the theater
portion of this building.
This property located at 1216 Williston Road is within the Cl
District. It is bounded on the north by undeveloped land in the
rear of the Summer Woods development, on the east by Zachary's
Pizza, a parking lot used by the applicant's business and a single
family residence, on the south by Williston Road and on the west by
Burger King and Cheestraders. This lot has three (3) buildings on
it which include Dunkin Donuts, Kentucky Fried Chicken and the
theater/restaurant building.
Access/circulation: Access is provided via a 43 foot curb cut on
Williston Road, one (1) access drive to Burger King, one (1) access
drive to Cheestraders, two (2) access drives to Zachary's Pizza and
two (2) access drives to the applicant's parking lot to the north.
No access changes are proposed.
Circulation is adequate.
Coverage/setbacks: Building coverage is 11.7% (maximum allowed is
30%). Overall coverage is 54.6% (maximum allowed is 70%).
Setback requirements will be met.
Parking: No additional parking spaces required. 259 parking
spaces are being provided.
Traffic: No additional traffic will be generated by the addition
since seats will not be added.
W
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
One Wentworth Drive 0 Williston • Vermont • 05495 • (802) 878-3000
17 June 1993
Mr. Bill Szymanski
City Engineer
City Of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: L & M Park, residential section, sidewalks
File: 88047
Dear Bill:
This is to follow up our phone conversation this morning regarding
the relocation of the private pedestrian sidewalks in the
residential section of L & M Park. At the request of John Larkin
we were asked to contact the Planning Department regarding the
proposed relocation. We contacted the Planing office, and
understand from Ray Belair, that a written proposal for review by
the City Engineer is required.
Currently, the sidewalks are approved in front of each building
approximately seven feet off the curb, between the roadway and the
structure. Our proposal is to relocate the sidewalk immediately
adjacent to the curb in order to provide more green space between
the unit and the roadway. Street trees would then be planted in
the larger green space between the relocated sidewalk and the
building.
The handicapped ramps would follow the relocated sidewalk and be
located on the curb radius. The sidewalk and curb would be
separated by a fiber joint filler as depicted on the Sidewalk/
Curb/ Paving Detail on sheet 8 of 16 in the plan set. We have
prepared a sketch outlining the proposed relocation, and enclosed
it herein.
Should you have any questions regarding this proposal, please
contact us.
Sincerely,
FITZPATRICCK-LLEWELLYN INCORPORATED
j
el" vq "
Charles Van Winkle
Project Manager
cc: John Larkin
Design 0 Inspection 0 Studies 0 Permitting 0 Surveying
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PUMP 5714 TION
3. Nothing in, this Notice or the conditions or covenants contained herein shall be
construed to prevent the conveyance, lease, assignment, mortgage, or other transfer of
any interest in and to any one of the subdivided parcels A through E separate and apart
from another or the rest of the parcels comprising the PCD.
r
Dated this /9 day of June, 1993.
IN PuESENCE OF- Larkin Milot Partnership
By:
A general partner, duly authorized
r
Approved in form
and content:
Sc
P1
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At Burlington, in said County and State, this /� day of June, 1993, personally
appeared Gerald C. Milot, a general partner duly authorized, and he acknowledged this
instrument, by him signed, to be his free act and deeA., and the free act and deed of
LARKIN MILOT PARTNERSHIP. � /
Before me,P l/
Notary Publ
My commission expires 2/10/95
< < L&MCOND.BO6 > >
GRAVEL AND SHEA
A"I"TORNEYS AT LAW - 2 -
P. O. Box 369
3URLINGTON. VERMONT
05402-0369
__
JUN 21 '93 08:37 GRAVEL AND SHEA 802-658-1456 p,4/5
i I
NOTICE OF A CONDITION OF APPROVAL
OF L & M PARK, A PLANNED COMMERCE, DEVELOPMENT
WHEREAS, the South Burlington City Planning Commission (the "Commission")
has approved L & M Park as a planned commercial development (the "PCD") under the
zoning and subdivision regulations of the City of South Burlington; and
WHEREAS, consistent with the approval, the PCD of L & M Park is comprised of
five legally subdivided parcels of land depicted as Parcels A through E on a subdivision
survey entitled "L & M Park: Proposed Subdhrision, Plan" dated September 1990, last
revised .Tune 2, 1993, and recorded in Plat Volume at Page of the South
Burlington City Land Records; and
WHEREAS, for planning and zoning purposes, the PCD was reviewed and
approved with conditions in the context of a single entity or parcel; and
WHEREAS, in granting approval for the PCD on March 23, 1993, certain
conditions were imposed by the Commission as follows: (a) a "Notice of Condition" shall
be recorded in the Lard Records which identifies this entire development as a planned
commercial development and which legally ties all the lots in this development into one
PCD for all planning, zoning, and subdivision purposes, and (b) a "Notice of Condition"
shall be recorded in the Land Records which legally ties lots A and B together as one lot
and prevents any development of Lot B.
NOW THEREI"'O , to expl�isn the raiionale behind the conditions, and to
provide actiml notice in the South Burlington City Land Records, the undersigned in
receipt of consideration of the approval of the Commission, and other valuable con-
sideration, hereby acknowledges and accepts the following condition and covenant as
binding upon and running with the lands comprising the FCD.
I. Any fuvire application for an airendiner,t or modification affecting one or
more of the parcels comprising the PCD shall be deerned an amendment or modification
to the PCD as a whole, and the Commission shF.?i evaluate and render a decision in the
context of the entire PCD, not merely on the impacts as they relate to the parcel(s) for
which the arnendment or modification is specifically proposeit,
2. 11e ac-reagc comprising Parcel B, although no: contiguous to Parcel A because
of the future roadway which is the subject of an_ Offer of Irr, ocable Dedication to the
City of South Burlington, as noted in Item #3 on said of or,:,Tentioned survey, was
included for dersi y purposes in the Ccrt Iissicz: 's decision to F;pprove 150 residential
units located on Parcel A. Accordingly, the develo rnrnr rights of Pareei B are merged
into Parcel A and there shall be no further developrerit of Parcel B, other than
subsequent use of Parcel B for utility or infrastructure purpos :s upon prior approval by
the Commission.
TRAVEL AND SHEA
Arco RNEYS AT LAw
P. O. Box 369
%RLINGTON. VER1MONT
03401-0369
JUN 21 '93 08:38 GRAVEL AND SHEA 1F62 18-1456 p.SZ5
3. Nothing in this Notice or the conditions or covenants contained herein shall be
construed to prevent the conveyance, lease, assignment, mortgage, or other transfer of
any interest in and to any one of the subdivided parceis A through E separate and apart
from another or the rest of the parcels comprising the PCD.
Dated this /9 day of June, 1993.
IN PRESENCE OF:
Approved in form
and content:
South Burlington
Planning Commission
L.arldn M1,11ot Partnership
1G� 13y;
A general partner, duly authorized
STATE OF VERMONT
COUNTY OF CHlTTENDEN, SS.
At Burlington, in said County and State, this /,I day of June, 1993, personally
appeared Gerald C. Milot, a general partner duly authorized, and he acknowledged this
instrument, by him signed, to be his free act and dee ,: a;i� she free act and deed of
LARKIN MiLOT PARTNERSHIP.
Before me,
No ary Publ
My co,nriission expires 2110/95
< <L&MCO"ro 806> >
RAVEL AND ShFA,
1TTORNE?YS AT LAW - 2 -
P, O. Box 369
UNGTON VERANONT
054N-0369
V-0 Z-1-A
State of Vermont
Department of Fish and Wildlife
Department of Forests, Parks and Recreation
Department of Environmental Conservation
State Geologist
Natural Resources Conservation Council
John LARKIN
Gerry Milot
410 Shelburne Road
South Burlington, VT 05403
AGENCY OF NATURAL RESOURCES
Department of Environmental Conservation
111 West Street
Essex Jct.,Vermont 05452
Telephone # 879-6563
June 9, 1993
RE: WW-4-0384-3 ; L & M Partnership
Revisions to sewer allocations
mun water and sewer
55,000 gpd
located SHELBUNRE ROAD in SOUTH BURLINGTON, Vermont.
Dear Applicant:
We received your completed application for the referenced permit on
06/01/93, including a fee of $100 paid for by Check Number 21633. This
application falls under the Water/Wastewater: Less than 500 GPD Program
Area, and under the Performance Standards for this program area, we have 30
days of 'in-house' time for our review of your application.
If we need further information from you in order to reach a decision
on your application, the time we wait for your submittal of that
information does not count against the allowable in-house time specified in
the performance standards.
If you have any questions about the review process, or if you have not
received a decision on your application within the 30 days in-house, please
contact this office at 879-6563.
Please note that this does not constitute receipt of your application
under the requirements of Act 250. If you have questions relating to Act
250 jurisdiction, a District Coordinator may be reached at 879-6563.
We have requested a refund of $50.00 to return to you.
F)pr the Division of Protection,
Irene L. Roberge
Administrative Secretary
CC: FitzPatrick-Llewelln
SOUTH BURLINGTON Planning Commission
Regional Offices - Barre/Essex Jct./PittsfordiN. Springfield/St. Johnsbury
MOTION OF APPROVAL
L & M PARK
I move the South Burlington Planning Commission approve the revised
final plat application of John Larkin and Gerry Milot to amend the
L&M Park planned commercial development which coz'isists of 150
residential units, a 61 room hotel, 20,000 square foot movie
theater (1,000 seats), 22,000 square feet of retail use, a 3,100
square foot fast-food restaurant with drive through, and a bank
with drive through, as follows: 1) revise the building sizes and
parking layout of the residential portion of the development, and
2) subdivide the project to create separate parcels for the
residential and commercial portions of the development, as depicted
on a sixteen (16) page set of plans entitled "L&M Park, Overall
Site Plan", prepared by Fitzpatrick -Llewellyn, Inc. and dated 6/90,
last revised 2/12/93, and as depicted on a survey plat entitled
"L&M Park, Proposed Subdivision Plan", prepared by Fitzpatrick -
Llewellyn, Inc. and dated 12/90, last revised 3/4/93, with the
following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. Prior to recording the final plat plans, a "Notice of
Condition" shall be recorded in the land records which
identifies this entire development as a planned commercial
development (PCD) and which legally ties all the lots in this
development into one PCD for all planning, zoning and
subdivision purposes.
3. Prior to recording the final plat plans, a "Notice of
Condition" shall be recorded in the land records which legally
ties lots A and B together as one lot and prevents any
development of lot B.
4. Prior to issuance of any zoning/building permits for this
development, the applicant shall submit legal documents for
the recreation path easement to the City Attorney for
approval. The legal documents shall be recorded in the land
records prior to permit issuance. Any existing legal
documents shall be revised to eliminate the proposed 100 foot
wide r.o.w. along the western boundary of the project. The
revised documents shall be approved by the City Attorney and
recorded in the land records prior to issuance of any
zoning/building permits.
5. The plans shall be revised prior to recording to show the
following:
a) the 100 foot wide r.o.w. along the western boundary of the
project shall be eliminated and instead show a 20 foot wide
recreation path easement (exact location to be determined by
City at later date).
b) proposed parking layout for residential units shall be
consistent on all plan sheets.
c) the survey plat must show water line easement serving the
J.W.J. Realty property to the north.
6. SEWER
7. The final plat plans (including survey plat) shall be recorded
in the South Burlington Land Records within 90 days or this
approval is null and void. The plans shall be signed by the
Planning Commission Chair or Clerk prior to recording.
(mo-L&M)
7.
City at later date).
b) proposed parking layout for residential units shall be
consistent on all plan sheets.
c) the survey plat must show water line easement serving the
J.W.J. Realty property to the north.
The final plat plans (including survey plat) shall be recorded
in the South Burlington Land Records within 90 days or this
approval is null and void. The plans shall be signed by the
Planning Commission Chair or Clerk prior to recording.
(mo-L&M)
> z� ,.� / � _ter-�-✓
+.�..r�.v�®rrru�armrr.�o uuu:
MOTION OF APPROVAL
L & M PARK
I move the South Burlington Planning Commission approve the revised
final plat application of John Larkin and Gerry Milot to amend the
L&M Park planned commercial development which consists of 150
residential units, a 61 room hotel, 20,000 square foot movie
theater (1,000 seats), 22,000 square feet of retail use, a 3,100
square foot fast-food restaurant with drive through, and a bank
with drive through, as follows: 1) revise the building sizes and
parking layout of the residential portion of the development, and
2) subdivide the project to create separate parcels for the
residential and commercial portions of the development, as depicted
on a sixteen (16) page set of plans entitled "L&M Park, Overall
Site Plan", prepared by Fitzpatrick -Llewellyn, Inc. and dated 6/90,
last revised 2/12/93, and as depicted on a survey plat entitled
"L&M Park, Proposed Subdivision Plan", prepared by Fitzpatrick -
Llewellyn, Inc. and dated 12/90, last revised 3/4/93, with the
following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. Prior to recording the final plat plans, a "Notice of
Condition" shall be recorded in the land records which
identifies this entire development as a planned commercial
development (PCD) and which legally ties all the lots in this
development into one PCD for all planning, zoning and
subdivision purposes.
3. Prior to recording the final plat plans, a "Notice of
Condition" shall be recorded in the land records which legally
ties lots A and B together as one lot and prevents any
development of lot B.
4. Prior to issuance of any zoning/building permits for this
development, the applicant shall submit legal documents for
the recreation path easement to the City Attorney for
approval. The legal documents shall be recorded in the land
records prior to permit issuance. Any existing legal
documents shall be revised to eliminate the proposed 100 foot
wide r.o.w. along the western boundary of the project. The
revised documents shall be approved by the City Attorney and
recorded in the land records prior to issuance of any
zoning/building permits.
5. The plans shall be revised prior to recording to show the
following:
a) the 100 foot wide r.o.w. along the western boundary of the
project shall be eliminated and instead show a 20 foot wide
recreation path easement (exact location to be determined by
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
One Wentworth Drive 0 Williston • Vermont • 05495 • (802) 878-3000
28 May 1993
Ms. Jessanne Wyman
Assistant Regional Engineer
Division Of Protection
111 West Street
Essex Junction, VT 05452
- PF
Re: Case No. WW-4-0384-2, L & M Park, South Burlington, by John
Larkin & Gerald Milot.
File: 88047
Dear Ms. Wyman:
On behalf of John Larkin & Gerald Milot, we are applying to your
office to revise the approved sewage allocation granted in the
above referenced permit.
Initially, under permit # WW-4-0384-1, issued 18 June 1992, the L &
M Park project was approved for a total connection to the Bartlett
Bay Treatment facility of 63,028 gallons per day of sewage. This
permit allocated the sewage as follows:
a) Residential buildings #1 through #6; each approved with 22
units consisting of 6 three bedroom units and 16 two bedroom
units. (50 bedrooms per building/ 7500 gpd).
b) Residential building 7; 18 units, 2 three bedroom units &
22 two bedroom units. (38 bedrooms/ 5700 gpd).
c) Construction of 22,000 Ft2 of retail space (6525 gpd)
d) 115 seat McDonalds restaurant (5,750 gpd).
e) 1,000 seat movie theater (5,000 gpd)
f) Residential community building (500 gpd).
g) 10% reduction in wastewater flow granted for low flow
fixtures in all units.
Later that year under permit # WW-4-0384-2, issued 22 December
1992, the L & M park Project was granted approval for a revision in
the total number of residential buildings and bedrooms. The
project maintained approvals for a total connection to the Bartlett
Bay Treatment facility of 63,028 gpd. However, the approval
breakdown was modified as follows:
a) Construction of residential buildings #1 through #5,
revised allocation (39,000 gpd).
b) Elimination of residential building 6 & 7.
Design • Inspection 0 Studies 0 Permitting 0 Surveying
Ms. Jessanne Wyman
File: 88047
28 May 1993
Page -2-
c) Construction of 22,000 Ft2 of retail space revised
allocation (17,382 gpd)
d) 115 seat McDonalds restaurant (5,750 gpd).
e) 1,000 seat movie theater (5,000 gpd)
f) Elimination of the residential community building.
g) 10% reduction in wastewater flow granted for low flow
fixtures in all units.
The reserved sewage capacity gained by the decrease in the number
of residential units was transferred to the un-constructed retail
space. At the request of the City Planning Commission, the
applicants wish to revise the state approved sewage flows so they
are in line with the city approved flows. Therefore we request
that the permit be amended to reflect the following:
a) Construction of residential buildings #1 through #5,
approved allocation
39,000
gpd
b)
Construction of 22,000 Ft2 of retail space
revised allocation
5,000
gpd
c)
115 seat McDonalds restaurant,
approved allocation
5,750
gpd
d)
1,000 seat movie theater,
approved allocation
5,000
gpd
e)
Infiltration, 300 gallons/ inch dia/ mile of
pipe/ day
650' of 6" sewer service
221.59
gpd
1,470' of 8" sewer main
668.18
gpd
f)
10% reduction in wastewater flow granted for
low flow
fixtures in all units.
We have enclosed a completed application and a check in the amount
of $ 100.00 to cover the application fee. We have not enclosed any
plans as no modifications were proposed to the drawings This
application is to revise the sewage allocation to the project and
free up capacity at the Bartlett Bay facility. Should plans be
required to process this application, please contact us and we will
deliver the required copies at once.
Sincerely,
FITZPATRICK-LLEWELLYN INCORPORATED
a4n/'o lla-t
Charles Van Winkle
Project Manager
cc: John Larkin
Gerry Milot
Joe Weith, City of South Burlington
tb� 07 b
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
Application 9
( ff' se onl )
o ice u y
STATF OF VL'RNT)N'r, AaI-MY 01: NMURAL PESOURCES
DITAR1T•11iNT OF ENVIRONPII MTAI, CONSERVATION
PERMITS, CON)LIANCE AND PRO'IT.•CTION DIVISION
WATER SUPPLY AND WASTEWATER DISPOSAL.
THERE IS TO BE NO SITE WORK OR CONSTRUCTION COMKENCEO ON THIS PROJECT WITHOUT WRITTEN
APPROVAL. FROM THE AGENCY OF NATURAL RESOURCES.
(See instructions on back. Contact the District Environmental Office with questions.)
LANDOWNER: APPLICANT:
Name: John Larkin & Gerry Milot Name: John Larkin & Gerry Milot
Address: 410 Shelburne Road
(Maijing)South Burlington, VT 05403
Tele. No.: 864-7444
Address: 410 Shelburne Road
(Mailing)South Burlington, VT 05403
Tele. No.: 864-7444
Business Name (if other than above): L & M Paratncrship
CONSULTANT: (architect, engineer, plumber)
Name: FitzPatrick—Llewellyn Incorporated Tele. No. 878-3000
Address: 1 Wentworth Drive Williston VT 05495
(mailing) (Street) (Town) (State) (zip)
PROJECT:
Location: (Attach Map) Town: South Burlington Road/highway: Shelburne Road
A. Size of Parcel (include all adjacent tracts of land which you may own, or control by
lease option, etc.): 33.52 acres
li. When was the parcel created?TO
EC-4-1650-1; WW-4-0384;
C. List any prior. Environmental or Act 250 permits issued for A above: 4CO877-3
Describe the project (be specific: see item 111 on back) (Attach 2 sets of plans)
Reduce the approved sewage gallonage based on city approvals to 55,000 gpd.
'TYPE OF WATER SOURCE: (municipal, offsite, community, onsite) Municipal
(Attach approval - see 96 on back)
TYPE OF SEWAGE DISPOSAL: (municipal, offsite, community, onsite) Municipal
(if municipal, attach approval - see #5 on back)
Number of gallons of sewage generated: St=E &t= 7r&?I.
PROJECT COST: (building and site improvements only. DO NOT include cost of land, plant
equipment, etc.) TOTAL COST:- iT4U�tx1�
APPLICATION FEE: ,$0,22 por Mallon of des.ion flow w-it-h a $1.00 m:inimtun
Make check payable to STATE OF VERMONT.
AHOUNT F.NCL.QS 6 $100. 00
�-� DATE
DATE.
SIGNATURE OF LANDOWNER
SIGNATURE OF APPLICANT
R. S/90
Treasurer , State of Vermont Check No: 21633 Date: 5/ 28/Z1 6 3 3 i
Trans. ;1 Description Trans. Amt PrevSal DIsccunt Payint A,rt l
1277._, S'K / 7 l• 1 0c Amendm,ienl.. _ 10.00 10.1 .0 . 0.00 100.001
Totals: 0 o.oc 1c0.0� �
FITZPATRICK - LLEWELLYN INCORPORATED
FITZPATRICK - LLEWELLYN INCORPORATED
ENGINEERING AND PLANNING SERVICES
ONE WENTWORTH DRIVE
WILLISTON, VERMONT 05495
Exactly CNE KI11";RCv uG.ld'S d"u VV Cents
PAY
TO THE Treasurer , State Of Vermont
ORDER
OF:
THE HOWARD BANK
BURLINGTON, VERMONT
58-3/116
FITZP,
DATE
S/2J/y-3
11102163311' 1:0116000331: 1116 013 314 il'
21633
AMOUNT
xxcmx100
YNINCORPORATED
G
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
May 25, 1993
John Steele
FitzPatrick-Llewellyn, Inc.
One Wentworth Drive
Williston, Vermont 05495
Re: 2 Lot Subdivision, L&M Park
Dear Mr. Steele:
ZONING ADMINISTRATOR
658-7958
Enclosed please find a copy of the March 23, 1993 Planning
Commission meeting minutes. Please note the conditions of approval
and the requirement that the final plat plans be recorded within 90
days of the date of approval.
If you have any questions, please givet}e a call.
1 Encl
JW/mcp
cc: Gerald Milot
John Larkin
S�ncorely,
Jo Weith,
Ci y Planner
State of Vermont
Department of Fish and Wildlife
Department of Forests, Parks and Recreation
Department of Environmental Conservation
State Geologist
Natural Resources Conservation Council
Ray Belair
City of South Burlington
575 Dorset St.
AGENCY OF NATURAL RESOURCES
Department of Environmental Conservation
111 West Street
Essex Jct., VT 05452
Phone #(802) 879-6563
TDD 1-800-253-0191
April 1, 1993
Re: Reduced sewer allocation
L & M Park, Shelburne Road, South Burlington
EC-4-1650, WW-4-0384 and amendments,
4CO877 and amendments
Dear Ray:
Enclosed is a Water Supply and Wastewater application form.
I have checked off on the back of the form what will need to be
submitted. As we discussed, amending the project for reduced
design flows (same number of residential units, but changing
number of bedrooms per unit from 3 to 2, would require:
1) a completed Water Supply and Wastewater Disposal Permit
application form.
2) 2 sets of revised plans showing the new footprints of the
residential buildings, water and sewer service lines.
3) revised municipal approval letters for water and sewer.
4) revised engineering breakdown of design flows.
5) If no technical review is required, a $25.00 amendment
would probably be appropriate, instead of our normal fee
schedule of $.22 per gpd.
Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury
Ray Belair
April 1, 1993
Page 2
I discussed the proposal briefly with Lou Borie, District 4,
Act 250 Coordinator. He thought that they would probably
incorporate our amended Water Supply and Wastewater Disposal
Permit administratively and not require a separate Act 250
amendment, but he would need to see the revised plans in order to
make a determination.
Sincerely,
�t4?ovu' w4w�
Jessanne Wyman
Assistant Regional Engineer
Enclosures
CC: EC-4-1650
WW-4-0384
R<-,v- 10/1/90
AGENCY OF NATURAL RESOURCES FOR OFFICE: USE; ONLY
DE;PAR` 1-lFNT OF ENVIRONMENTAL CONSERVA`1'ION Permit #
PERMITS, COMPLIANCE & PROTECTION DIVISION Date Application
Received
WATER SUPPLY AND WASTEWATER DISPOSAL.-
(Schedule "C" to Master Act 250 Land Use -Permit Application)
THERE IS TO
BE NO SITE WORK OR CONSTRUCTION COWMCED ON THIS PROJECT WITHOUT WRITTEN
APPROVAL FROM THE AGENCY OF NATURAL RESOURCES.
LANDOWNER:
CO -APPLICANT:
Name:
Name:
Address:
Address:
(Mailing)
(Mailing).
Tele. No::
Tele_ No_:
Business Name (if other than above):
CONSULTANT:
(architect, engineer, plumber)
Name:
Tele. No.
Address:
_
(mailing)
(Street) (Town) -(State) (Zip)
A. PROJECT LOCATION: (ALtach Map)
Town:
_ Road/Highway:
B. When was
the parcel created?
C. List any
prior Environmental or Act 250 permits issued for A above--
D. Describe
the project (be specific: see item #1 on back) (Attach 2 sets of plans)
E. TYPE OF WATER SOURCE.: (Municipal, offsite, community, onsite)
(Attach approval - see #8 on back)
F. Does this water supply serve 2 or more buildings?
G. TYPE OF SEWAGE DISPOSAL: (municipal, offsite, community, onsite)
(if municipal, attach approval - see #8 on back)
H_ Number of gallons of sewage generated: Existing Flows: New Flows:
I. APPLICATION FEE: (S0.22 per gallon of design flow of project - minimum fee of
per application. ) I -lake check payable to STATE OF VERMONT.
A11OUNT E.NCI.OSE I) $
DATE: SIGNATURE. OF LANDOWNER
OATH SIGNATURE: OF CO -APPLICANT
PROJE(7V rNFORMATION SIMET
eater Supply and Wastewater Disposal
Description of Project (on application form):
Should include number of seats if a restaurant, or number of living units if an
Apartment complex, number of square feet, number of employees or similar figures,
type of water supply, type- of sewage disposal, description of pcocess wastes.
If project is a change in use, describe current use.
( ) 2. Location on Project on USGS map or Town Highway ?Sap.
Plot Plan ;submit 2 copies) by a professional engineer registered in the State
of Vermont showing:
building location and lot dimensions;
( ) existing and proposed surface waters and drainage systems;
( j location of existing and proposed sewage system and/or sewer lines;
( y location of existing and proposed water system and -water supply lines;
( ) five foot contours in the sewage disposal area;
{ ) location of all soil testing and bedrock outcrops;
( ) use of adjoining lands and location of their water and sewage systems.
( ) 4. Floor plans indicating use of each interior space, sanitary -facilities and
plumbing fixture schedule. Submit 2 copies prepared by a•registered architect,
engineer or other qualified consultant.
( ) S. Soil data and sewage system design information by a professional engineer
registered in the State of Vermont (submit 2 copies):
( ) test borings and soils description, and percolation tests in the area of the
proposed sewage system;
( ) design of the proposed sewage system based on design flows and the soils
information;
( ) design of existing sewage system and statement as to the capability and
condition of the system;
( ) building sewer and later plan, profile, and sections, construction,
material and testing specifications.
( ) 6. Water supply system designed by a registered professional engineer (submit-2
copies):
{ ) approval by Health Department, Water Supply Section required. Contact the
Health Department at 862-7220;
( ) water source yield test;
{ ) a water supply system design; -
( ) report of ( ) chemical and/or ( ) bacteriological testing of water supply;
( ) design of existing water'supply system and statement as to the capability
and condition of the, system_
( ✓) 7_ All plans to be dated and signed y designer.
( V} fi- Municipal approval for connection of ( �-)" water supply (� wastewater disposal
(Submit letter from municipality approving connections)
( 9_ Application Fee: SO.22 per gallon of daily design flow of project - mini.muin
fee of 510O.00 per application. Make check payable to the STATE: OF VERMONT.
1ELBURNE ROAD CORRIDOR
TRANSPORTATION MANAGEMENT ASSOCIATION
76 ST.PAUL STREET, 600 CORPORATE PLAZA
BURLINGTON, VT. 05401
(802)658-2000
March 22, 1993
John Steele
Fitzpatrick -Llewellyn
Williston, VT
Re: TMA Update
Dear John,
Since it's establishment a year ago, the Shelburne Road TMA
has maintained a coordinated effort with CCTA to spread the word
of rideshare among employers/employees in the corridor. The
decision was made to utilize and promote CCTA's computerized ride
share program rather than duplicate efforts with a similar
program.
In an effort to motivate and educate key employers in the
corridor, the TMA co -sponsored "The Vermont Rideshare Trolley
Tour" in September of 92. This event was a historical tour of
Shelburne road coupled with presentations by CCTA and the TMA on
the importance of traffic mitigation at every level. The tour
wrapped up with a reception at the Sirloin Saloon to allow for
individual discussion among the employers.
There has been a real shortage of meaningful and specific
data on the services commuters will embrace and ultimately use.
Therefore, the TMA is once again joining forces with CCTA to
conduct a comprehensive survey of transportation issues in the
corridor. This process will be completed by the end of April 93
and the appropriate policy decisions will be made.(see attached
project description and survey).
Sincerely,
Brad T. Mritt
Acting Coordinator
BHELBURNE ROAD EMPLOYEE TRANSPORTATION SURVEY
January 26, 1993
Project Deeaription:
Conduct a survey of employees that work at businesses located
on the Shelburne Road corridor.
Purpose:
1. Determine how best to market transportation alternatives to
the drive alone commuter.
2. Determine impact Shelburne Road widening project will have on
commute patterns.
3. Learn what alternative transportation options we should
develop and market to the drive alone commuter, for both the short
term during the road reconstruction and the long term.
4. Learn what factors influence the commuter most in making his
commuting choices - cost, attitutes, etc.
xethodology
We intend to survey employees at 12 to 15 sites. We will get mix
of employees at small (4-9 employees), medium (10-25 employees)
and large (over 25 employees) companies. With an employee base of
approximately 3500, we will need 341 responses to get a 95%
confidence rate, +-5%. (To go to 99;, we'll need over 700
responses.) After we identify the first 12 businesses, 4 each from
the 3 size categories, we will distribute the survey on a Monday
and return on Friday to collect the completed surveys. If, after
receiving all the surveys from the first round of employers, if we
do not have enough responses, we will contact additional employers
to obtain the minimum number of responses for statistically valid
results.
Data entry of the responses will most likely be completed by
temporary clerical.
Statistical analysis will be conducted by CCRPC.
Results will be distributed to the TMA, Shelburne Road employers
and appropriate government officials.
Budget
Printing 800 surveys 150.00
Distribute in person to employer sites 200.00
Pick-up completed surveys in person,
including having to go back twice 260.00
Data Entry 900.00
Data Analysis 1000.00
Printing and distribution of results 150.00
Total 2660.00
DRAFT
SHELBURNE ROAD - EMPL(
)E TRANSPORTATION SURVEY
To evaluate employee transportation needs and concerns and to plan for the proposed
widening of Shelburne Road, the Chittenden County Transportation Authority, in
cooperation with the Shelburne Road Transportation Management Association and the
Chittenden County Regional Planning Comission ask you to participate by completing this
survey.
! What time do you usually arrive at work?
2 . What time do you usually leave work?
3 If your employer allowed you to change your starting time by as much as two
hours, what time would you choose to begin work? (assume you will still work the
same number of hours each day.) am/pm
y . Which of the following best describes how your schedule works?
(CHECK ONE)
_ I must arrive and depart at specific times set by my company
I choose my own start and end times which are approved by my company.
_1 can vary my start and end times on a day-to-day basis without approvals.
How much flexibility do you have in choosing the time you start work?
_None. Time set by employer _31-60 minutes
—Up to 15 minutes —Up to 2 hours
16-30 minutes More than 2 hours
Which days do you usually commute to work at this location?
Mon Tues Wed Thurs Fri Sat Sun
7. What are the major cross streets nearest to where you live?
and
What is the zip code where you live?
Compared to the various activities you conduct during the day, how stressful do
you find your commute to work? (CHECK ONE)
More stressful than most activities
About as stressful as most activities
Less stressful than most activities
1
e\ D 0 C_\,Lc
How do you usually tra,lel to work? Please write the nurrr of days per week
that you use each of ,t 4ollowing ways of getting to w(.
_Drive alone _Carpool--> With how many others? others
Bus Vanpool--> With how many others? others
Motorcycle Walk
_Bicycle Get dropped off
Other (please describe)
ONLY if you drive to work alone, please pick one response from the KEY below to
answer each of the following questions:
0 What is your main reason for driving alone? _
ii) What is your second most important reason? —
iii) What is your third most important reason?
KEY
1 = Need my car at work for company business
2 = Need my car at work for personal business
3 = Need my car before and/or after work
4 = Live close to work
5 = Irregular work schedule
6 = Picking up a carpooler would take too much time
7 = Don't have anyone to ride with
8 = Don't like to depend on others
9 = Need a specially equipped vehicle
10 = Prefer to drive alone
What factors would encourage you to carpool or vanpool to work? (Check all that
apply)
Closer parking spaces for carpools and vanpools
Awards or prizes to ridesharers
Door to door van or bus shuttle service from my neighborhood to/from work
_Guaranteed ride home
Company provided vans for vanpools
�Vanpool subsidies
More personal assistance to find someone to rideshare with
None
Other
What factors would encourage you to take the bus to work? (Check all that apply)
Public transit fare subsidies
More frequent bus service
_Direct bus service was available from within 1 /4 mile of my home
Express bus service was available from within 1 /4 of my home
Nothing would make me consider taking the bus
�Other
2
What other factors would encourage you to use an alterr—ive than driving alone to
work? (Check all that ply)
Childcare facilities at or near work
Gasoline increased by 50 cents/gallon
Availability of park and ride lots
More flexible work hours
More fixed work hours
Sidewalks or bike lanes along Shelburne Road
Information on the environmental costs of driving alone
None
�Other
Do you avoid Shelburne Road during peak hours? (7:00-9:00am and 3:30-5:30pm)
,YES NO
When/if Shelburne -Road is widened from Imperial Drive in South Burlington to the
LaPlatte River bridge in Shelburne, what design features would you like to see?
Center medians with jug handle turns
�A fifth lane in the center for turns
Eight foot separated bike lane
Five foot sidewalk on one side
Five foot sidewalks on both sides
Designated carpool lanes for vehicles with three or more persons
_Other:
would prefer to see no changes to this section of Shelburne Road.
How many days during a typical week do you need your car at work for work
related trips? days/week
During a typical week, how many times do you make stops for the following
reasons on you way to or from work?
to drop off/pick up children at childcare
to drop off/pick up children at school
�to pick up/drop off carpooler/vanpooler
to go to school
to go to the bank
to go to the post office
to drop off/pick up dry cleaning
to go grocery shopping
to eat
to drop off/pick up someone at work
to exercise
other (describe)
3
The following questions are necessary to help us understand the backgrounds of
commuters, so that we can !ign better services for you. Thi iformation is strictly
confidential.
Do you usually have a car available to drive to work? —YES �NO
How long have you worked at your present work site? years
What type of work do you normally do?
Secretarial/Clerical Profession aI/Technical
_Sales/Service Prod uction/Crafts
Manager/Administrator Other:
Are you ,Male Female
Are you Married Unmarried
What is your age?
Less than 17 36 to 50
+17 to 21 50 to 65
22 to 35 over 65
What is the yearly income category for your household?
Less than $20,000 $40,000-$49,999 $30,000 to $39,999
$20,000 to $29,999 $50,000 or more.
L!
---- _ -- -- ----� s-� Win.- -- --- --
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-5tqtvJCASE
FITZPATRICK-LLEWELLYN INCORPOr.,.eED
Engineering and Planning Services
One Wentworth Drive
WILLISTON, VERMONT 05495
(802) 878-3000
To klzu�
12,,
4e"14-L�/r c�2 5 �4 5
mulp='Iml v,
LETTER
Date / / ,
Subject��
� t
�4
SIGNED
ElPlease reply ElNo reply necessary
PRODUCT Groton, mmss 01411. To Order PHONE TOLL FREE I-BW225EM
FITZPATRICK-LLEWELLYN•INCORPOFATED
Engineering and Planning Services
One Wentworth Drive • Williston • Vermont • 05495 • (802) 87a-3000
4 March 1991
Mr. Joseph Weith, Planner
City of South Burlington
575 Dorset Street
South Burlington, Vermont 05403
RE: 95 Kirby Road, Carney Property
FILE: 91020
Dear Mr. Weith:
0ol
On behalf of our Client, Mr. Carney, we are herewith submitting
five (5) full-size prints and five (5) 11" x 17" photo -reduced
copies of Drawing D13838, a Retracement Survey for the
above -referenced Project.
We understand this drawing (survey) will go before the Planning
Commission for Final Review.
As we discussed by telephone, we prefer not to submit these review
prints in a signed and sealed state, since we consider drawings to
be legal documents once signed and sealed. When signed and sealed,
even the slightest change or addition by the Commission during
Final Review will require the addition of a revision block with all
and any revisions spelled out. We believe this just adds
unnecessary expense and confusion to a project.
Our proposed method is for you (or the Commission) to keep a print
of the plan as it is approved or amended during the final hearing,
and then compare this with the signed and sealed mylar when it is
submitted for recording, making note of any changes, required or
otherwise.
Design • Inspection • Studies • Permitting • Surveying
Mr. Joseph Weith, Planner
FILE: 91020
4 March 1991
Page Two
It seems to us you have the ultimate safe -
be a question between an a guard should there ever
recording... you simply reject
plan and a mylar submitted for
P Y reject the mylar.
The enclosed plan, by this assertion
sealed, and Fitzpatrick-rickn's is ready to be signed and
to sign the certification contained ongtheela surveyor is
plan. Prepared
9
Should there be any question on the foregoing Please
to call us. ease don't hesitate
Sincerely,
FITZPATRICK-LL " LLYN INCORPORATED
Douglas R. FitzPat ick, P.E.
cc Donald Carney
John Patch
DRF:amov
FITZPATRICK-LLEWELLYN INCORPORATED
• Engineering and Planning Services
❑ 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
FITZPATRICK-LLEWELLYN INCORPOF I
Engineering and Planning Services
One Wentworth Drive
WILLISTON, VERMONT 05495
(802) 878-3000
TO Aze- i ,5/7`�`
WE ARE SENDING YOU Attached ❑ Under separate cover via_
❑ Shop drawings "f� Prints El Plans
❑ Copy of letter ❑Change order ❑
LIEUTEa c ►�aa���o��a�
A
RE.
❑ Samples
JOB
the following items:
❑ Specifications
COPIES DATE NO. DESCRIPTION
1993
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
For your use
❑
As requested
xFor
review and comment
❑
FOR BIDS DUE
REMARKS
COPY TO,.o .
SIGNED:
PRODUCT 2403 Ees irc, Gr", wa 01471. If enclosures are not as noted, kindly notify us at once.'
B
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
t
March 19, 1993
John Steele
FitzPatrick-Llewellyn, Inc.
One Wentworth Drive
Williston, Vermont 05495
Re: 2 Lot Subdivision, L&M Park
Dear Mr. Steele:
ZONING ADMINISTRATOR
658-7958
Enclosed is an agenda for next Tuesday's Planning Commission
meeting and my comments to the Planning Commission. Please be sure
someone is present on Tuesday, March 23, 1993 at 7:30 P.M. to
present your request.
If you have any questions, please give me a call.
Sincerely,
10�
oe Weith,'���
City Planner
Encls
JW/mcp
cc: Gerald Milot
John Larkin
PLANNING COMMISSION
26 January 1993
page 8
Mr. Burgess summed up the major
private streets. There are also
issues.
issues as traffic and public vs.
a number of other less vital
L
6. Sketch plan application of John Larkin to amend the L&M
planned commercial development as follows: 1) revise the building
sizes and parking layout of the residential portion of the
development and 2) subdivide the project to create separate
parcels for the residential and commercial portions of the
development:
Mr. Steele said they need to subdivide because of financing
requirements. Mr. Weith noted the road has already accomplished
this; however, the development will always be considered one
planned unit development. He said the issue is complicated
because there are different lot sizes and coverages for
commercial and residential. He has outlined in a memo the
maximums, but minimum lot size for residential is exceeded here
and that can't be waived. Mr. Austin said if it can't be waived,
the applicant should redraw the line. Other members agreed.
Regarding building size and parking layout, Mr. Weith said this
could be done at final plat. Mr. Weith asked whether the Vermont
National Bank is included in this. Mr. Llewellyn said it is.
7. Discussion with John Larkin regarding the Shelburne Rd. Howard
Johnson's ballroom and realted traffic generation and parking
demand:
Mr. Rabideau quickly reviewed what is on the site. They want all
meeting rooms under one kind of permit which would mean putting
the other meeting rooms on the same agreement as the ballroom.
Mr Burgess said it would be incumbent upon the applicant to show
that circumstances have changed since the approval in order for
the Commission to hear this again.
Members agreed they would allow the applicant to present his
case, and Mr Weith will warn it for a future meeting.
As there was no further business to come before the Commission,
the meeting was adjourned at 11:15 pm.
:Clerk - - - - - -
SOUTHLAND CORP.
IS
Ii
r
1
\ =1 t
1'• 1' TAL RESIDENTIAL AREA
TO
-.� 986,634 p,/l.
'� \1 22.65 acres
CENTERLINE OF
RAILROAD TRACKS 1
,11 11 111 � a
PROPOSED 5p UNIIT
1
BWLD/NO TYR
11 F
1 -J
1
N/F
1
1
STATE Of VERMONT
1 _
OWNER/LESSOR
VERMONT RAILWAY
Z
LESSEE
EATSTM/G 1Q'
WATER MANSWSSKIN
m
LOCATION BASED
1
ON AS -BUILT
DRAWING
1
1
1
1
/OD R.O.W. TO BE
DEDICATED TO CITY
EASEMENT TO
FARRELL ---
LEGEND
E
1 .
1
1 1
1
PROPOSED
STORMWATER
TREATMENT
PONDS
PERIMETER PROPERTY LINE
---------------- R.O.W. / EASEMENT LINE
EDGE OF PAVEMENT
------------- LIMIT OF CONSERVATION ZONE
•------------------------- LIMIT OF WETLANDS (£ TYPICAL)
1041.48'
H �•,j
EASEMENT
10' UTILITY `, 1
(ELEC., TEL.)
TEMPORARY 1
•,
,AC
1 CUL-DE-SAC
\ \ LOCATION -
/
/
I
/
I
1
1
(2l I
I
I
\ICI
I1
1
I
\
�\
60' RO.W FOR FUTURE
+�
I
ROADWAY EXTENSION.
LOCATIOA, OUTSIDE OF
CONSERVATION ZONE
TO BE CETERMINED BY
\ AND DEDICATED TO
THE C1Ti,
1
100' OaVSERVA"OV ZONE
1
1
I
1 15' W6ITERL/NE EASEMENT
EXLSIING t2' SAA/TMY SERER
+
W P W 2W EASEM£N r
/
1
1
A
N/T SOUTH MALN•OTON
cwYaER PLNIDIITH
�
/
57 •47'
"oo
3Y3.07,
I
� i +
I
7
n
/
N7l•P
� Ol1U Sf
�T ATER
NA FARRELL
J2' WOE PUBUC
STREET WITHIN
A 60' RIGHT-OF-WAY
TO BE DEDICATED
TO CITY
•W I
PROVIDE 6U'
EASEMENT TO BE
DEDICATED TO CITY
6Ct7 ��V�-je.1-�_JQ Cpw.i Nlli._IT
A.cp
EXISTING HOTEL
AT LARKIN TERRACE
%T
XISTINi VERMONT
ATIONAL BANK
L
yLL0ON AK.
01
IV 11' 18' W
45..86'
_EXISTING CURB CUT
TO REMAIN
cl.-S 7I• PP' 42' E
188.60,
11�S AN' 36'04'W
121.00'
a
RE- L r_c___ i` Vi: U
1a1.
FEB 1 ? 1993
City of So. Burlington
NOTES
44
LOCUS
N1/
I. OWNER OF RECORD: JAMES FAYEITE
1930 SHELBURNE ROAD
SHELBURNE, VERMONT 05482
2. APPLICANT: GERALD MILOT B JOHN LARKIN
P.O. BOX 4193
BURLINGTON, VERMONT 05402
J. ZONED: COMMERCIAL 1. CONOI77ONAL RESIDENTIAL USE PREVIOUSLY
APPROVED BY SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT.
4. TOTAL PARCEL AREA: JJ.5J (+/-) ACRES
S. TOPOGRAPHY AND EXISTING FEATURES TAKEN FROM A PLAN ENTITLED
LAM BUSINESS PARK SKETCH PLAN' BY DONALD L. HAMLIN, DATED
12/18/86, AND FROM INW577GA77ONS PERFORMED BY THIS OFFICE.
PERIMETER PROPERTY LINE /NFORMARON TAKEN FROM A PLAN
EN77TLE0 LAM PARK 11175 SHELBURNE ROAD, SOUTH BURLWGTCW,
TOTAL COMMERCIAL AREA
VERMONT', DRAWING NUMBERS D 372J AND D 3849, DATED NOVEMBER
1990. LATEST REVISION FEBRUARY, 1991.
473,497 p.Il.
10.87 acres
O NACVMSN AW_
6. EXS;7NG SANITARY SEWER LOCATION AND ELEVA77ONS TAKEN FROM
DRAWINGS PROVIDED BY THE CITY OF SOUTH BURLINGTON
AND FROM INVES77CA (IONS PERFORMED BY THIS OFFICE. EXISTING
16' C.W.D. TRANSMISSION MAIN LOCATION BASED FROM INFORMATION
PROVIDED BY THE CITY OF SOUTH BURLINGTON WATER DEPARTMENT.
FIRE LANE
ALL LOCATIONS MUST BE F7ELD VERIFIED PRIOR TO CONSTRUCTION.
7. LOCATION AND WIDTH OF ANT)CIPATEO HIGHWAY RIGHT-OF-WAY SHOMN
AS DESCRIBED BY THE CITY OF SOUTH BURLINGTON CITY. PLANNER.
C
25' SETBACK FROM R.O.W. MAINTAINED AS S17PULATED BY PLANNER.
19
d. TOTAL MULTI -FAMILY UNITS - 150
TOTAL NUMBER OF MULTI -FAMILY BUILDINGS 1
TOTAL PARKING SPACES REQUIRED JJB
PARKING SPACES BENEATH BUILDING 135
/
OPEN PARKING SPACES PROVIDED 209
TOTAL NUMBER OF PARKING SPACES PROVIDED — 34Z
9. COMMERCIAL/RETAIL AREA AND BANK
20,000 +/- SO.FT. THEATER
22,000 SO.FT. RETAIL, 3100 SOFT RESTAURANT
PARKING SPACES PROVIDED - 393
PROPOSED
RETAIL / COMMERCIAL 10. EXISTING 61 UNIT HOTEL BUILDING
DEVELOPMENT EXISTING PARKNO SAKES PROVIDED 73
GRAPHIC SCALE
I IN FEET 1
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REVISIONS
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Memorandum
January 26,
January 22,
Page 6
- Planning
1993 agenda items
1993
Wetlands: The Natural Resources Committee met with the applicant
on 1/12/93. They reviewed the applicant's plans to treat
stormwater and the affect this would have on the wetlands. The
Committee will be forwarding their comments to the Planning
Commission.
Bike/Pedestrian Trail: The Recreation Path Committee visited the
site on October 24, 1993 (see enclosed memo).
Preliminary Plat: For preliminary plat review, the applicant
should provide the following information:
--- all information required under Section 203 of the subdivision
regulations.
--- development costs with breakdown on buildings, roads,
utilities, etc.
--- landscaping details. Staff recommends that the bank
circulation be revised so there is no pavement between the
building and Shelburne Road similar to the requirement placed
on McDonald's.
--- dumpster locations
--- the Red Lobster and Burger King properties are shown as having
property lines when in fact these are leased lines. Plan
should clearly indicate that these are leased lines and not
property boundaries.
(6) L&M PARK - TWO (2) LOT SUBDIVISION - SKETCH PLAN
This project consists of an amendment to the PCD to create a two
(2) lot subdivision of the 33.53 acre lot into a 22.04 acre lot for
the residential portion of the development and an 11.48 acre lot
for the commercial portion. Also included with this application
are minor parking and circulation changes for the multi -family
buildings and larger footprints for these buildings. The multi-
family portion of this development was last revised on 9/29/92
(minutes enclosed).
This entire property is involved in the PCD and eventually when the
road is accepted by the City and this subdivision is approved there
will be a total of four (4) lots. In the future when one (1) of
0
Memorandum - Planning
January 26, 1993 agenda items
January 22, 1993
Page 7
these lots is proposed for development or for an amendment, the
entire PCD will have to be reviewed, not just the lot under
development.
Lot size/layout: The minimum lot size in this district is 40,000
square feet for the commercial lots and 21.4 acres for the.
residential lot.
The Planning Commission can modify setbacks and frontage
requirements under Section 11.507b. Coverage, minimum lot size and
density can not be modified. This particular development is more
complex than most because of the mixture of residential and
commercial.
The entire parcel is 33.53 acres and to satisfy density
requirements at least 21.4 acres (7 units per acre divided by 150
units = 21.4) must be allocated to the residential portion. This
leaves 10.04 acres for the commercial portion.
The maximum building coverage and lot coverage for residential uses
in this zone is 20% and 40%, respectively. At 20% maximum building
coverage, 21.4 acres allows a maximum of 186,437 square feet of
building footprint. At 40% maximum lot coverage, 372,874 square
feet of overall coverage is allowed.
The maximum building coverage and lot coverage for commercial uses
in this zone is 30% and 70% , respectively. At 30% maximum
building coverage, 10.4 acres allows a maximum of 135,907 square
feet of building footprint. At 70% maximum lot coverage, 317,116
square feet of overall coverage is allowed. The above calculations
do not include the area of the future City street.
Coverage/setbacks: Commercial portion: Building coverage is
65,300 square feet (maximum allowed is 135,907 square feet).
Overall coverage is 253,550 (maximum allowed is 317,116 square
feet). Residential portion: Building coverage is 42,880 square
feet (maximum allowed is 186,437 square feet). Overall coverage is
125,340 (maximum allowed is 392,874 square feet).
Setback requirements from the new boundary line will be met.
Lot configuration: The northern most portion of the commercial lot
is a strip of land which varies in width from 15 to 20 feet for a
length of 340 feet. Staff can see no reason for this lot having
such an odd shape and recommends that this strip be made a portion
of the residential lot and the commercial lot be squared off.
7
Memorandum
January 26,
January 22,
Page 8
- Planning
1993 agenda items
1993
Parking: The approved 9/29/92 plan provided the minimum 338
parking spaces that are required and this proposal increases the
number of spaces to 344. The plan shows two (2) handicapped spaces
underneath each building as required by the Planning Commission.
Access/circulation: The access to the underground parking for
building #2 has been changed. The access was previously located at
the north end of the building. It is now located at the south end
of the building.
Circulation is still adequate.
Other:
--- fill should not be placed in the CO zone as is proposed at the
southeast corner of the residential project's parking lot.
--- for final plat review, a survey plat will be required which is
stamped by a land surveyor.
--- note on sheet 1 which states "existing reservoir and easement
to be resolved" with an arrow pointing to the theater building
should be removed if this issue has been resolved.
--- has strip of land along Shelburne Road been dedicated to the
State of Vermont? If so, this note should be removed.
--- applicant needs to commit to whether the bank and the bank lot
are included in this P.C.D.
--- there is still a problem with residents of Larkin Terrace
parking along Fayette Road.
--- applicant should provide update on the TMA.
--- applicant should indicate any changes to the landscaping plan
resulting from the changes to the residential portion.
--- the City has allocated 49,528 gpd of sewage treatment for this
project. The State has allocated 63,028 gpd. This additional
13,500 gpd allocated by the State is not needed. The
applicant should revise its discharge permit with the State in
order to free up capacity in this area of the City.
the conditions of the 6/9/92 approval.
--- a drainage plan should be submitted.
--- the width of the driveway access connecting the front and rear
parking lots should be no less than 12 feet.
--- indicate what type of screening will be used around the
dumpster, if plantings are used, the plant material should be
included in the planting schedule.
L&M PARK - TWO (2) LOT SUBDIVISION - REVISED FINAL PLAT
--- revised coverage information should be provided.
--- parking lot layout south of building 2 is shown differently on
sheets 11 and 15 than shown on sheet 3, all sheets should show
the same layout.
--- the survey plan (sheet 1 of 1) should show the new water line
easement to J.W.J. Realty.
--- on the survey plan there is a lot F but no lot E.
--- provide acreage of commercial portion of Fayette Road.
--- provide current names of abutters on survey plan.
--- staff recommends a "Notice of Condition" that legally ties all
lots under one (1) PCD for all Planning, Zoning and
Subdivision purposes.
--- another "Notice of Condition" is needed that ties lots A and
B together and prevents any development of lot B.
MERRILL JARVIS - SILVER PALACE ADDITION - SITE PLAN
--- the parking layout for Cheese Traders and Alpine Shop should
not be shown unless applicant proposes to stripe these
properties as shown on the plan.
--- note any changes to exterior lighting.
spU7 1 BURS NGTON
C,MM►as►oN
South Burllng o II
The Commission
Planning ubl. hearing at 3VE55
hold a P Burlington CI >-oo 0
the South Roo
Hall, Conference South ()UES7ED
porsat %greet,on
575 . toY
h 23 t1993
BudIng
1 Tuesdayto consider
at 7:30 e,ollo
appii-
1t Plat prellminary Matte
sss
tion of MBt Aoc
tot d sldenb8l
Tre
k cade a planneof an and
han
veloprnent and
for use 202.2 acres 157 single- ERTISING
ns�sting of mulb-
cO lots and
tam�tY u its, Southeast
tarntly BILL DATE
�illl"�IC1��DIl: summit parsec street.
Classif 2) Revised Tina Laryin & lat ap9li-j 6/ 9
cation of Johnmend the E
Garry Mitot t18nned tom- C I T
L&M Parde9elopment es T p`1
merciat 1 revise the
tollov+s sizes and parking SALESPERSON
buildif She resldent' I -ent4
lot o develop
To buy lion Ot subdivide the Pate Ao11NVOICENO.
quickt, and 2) saps --
I lest create 6
C a and a ommeheg1 smartiotns 2 J 7 7 3
of the developrnant,
d.
l pp Shelburne Roa, Q
(p0� Copies of ther aPPl,or t 1
bons are availablaat the
through South Burlington nCi� Hall -
Monday PLr--
Monday-------
and $aturda r, William Burgess
l Chairman -
South Burlingtonssion
IPlanning Comm
March 6, 1
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
March 15, 1993
John Steele
FitzPatrick-Llewellyn, Inc.
One Wentworth Drive
Williston, Vermont 05495
Re: 2 Lot Subdivision, L&M Park
Dear Mr. Steele:
ZONING ADMINISTRATOR
658-7958
Enclosed please find a copy of the January 26, 1993 Planning
Commission meeting minutes. If you have any questions, please give
me a call.
ncerely,
�I
oe Weith,
City Planner
1 Encl
JW/mcp
cc: Gerald Milot
John Larkin
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
March 9, 1993
John Steele
Fitzpatrick -Llewellyn, Inc.
One Wentworth Drive
Williston, Vermont 05495
Re: 2 Lot Subdivision, L&M Park
Dear Mr. Steele:
Q
ZONING ADMINISTRATOR
658-7958
Enclosed please find some preliminary comments on the above
referenced project from City Engineer Bill Szymanski, Fire Chief
Jim Goddette and myself. Please respond to these comments by no
later than Monday, March 15, 1991.
If you have any questions, please give me a call.
Sincerely,
G L�GYYG �'
Ri od J. Belair,
Zoning and Planning Assistant
Encls
RJB/mcp
cc: Gerald Milot
John Larkin
FITZPATRICK-LLEWELLYN INC0RP0- TED
Engineering and Planning Servl,._s
One Wentworth Drive
WILLISTON, VERMONT 05495
(802) 878-3000
TO le, Iii
WE ARE SENDING YOU V Attached ❑ Under separate cover via
❑ Shop drawings
Ill., Prints
❑ Plans
❑ Copy of letter
❑ Change order
❑
LCEUVIEQ XF UG3 MMADUM L
A
RE:
❑ Samples
JOB
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
",
R37-
1 / d r 9,
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
Ny As requested ❑ Returned for corrections
5/For review and comment ❑
El FOR BIDS DUE 19
iNu�l:1M
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
_A?rr_ 4amainlPGt�. 'f!'c_ 3 0l6X.
COPY TO
SIGNED:
PRODUCT 240-3 l x Orotw. Mass. 01471. If enclosures are not as noted, kindly notify us at pnce.
Preliminary Memorandum - City Engineer
March 23, 1993 agenda items
March 8, 1993
Page 2
5. Trees must not be planted on top of water and sewer lines.
6. Drainage lines from City streets that cross lots and vacant
land shall include easements for maintenance and repair.
L&M PARK,SHELBURNE ROAD
Plan for the above referenced project with latest revision dated
February 12, 1993 is acceptable.
SILVER PALACE RESTAURANT, WILLISTON ROAD
New addition shown on plans dated 12/9/92 prepared by Mike Dugan is
acceptable.
- �..•:4aiu...uK:.a.�.+4YL�L�Y�:iEftaSis:�i1b443:ap.iNLieL+7 a4NSV �..a: �i•4:�.�..ae
1
nutty +13 urlingtvn .dire :49 cpartment
575 +Bnrset Street
i�llnttth ?�ttrlington. lflermnnt 1154113
up�w-
FAX: (802) 658-4748
TO: SO. BURLINGTON PLANNING COMMISSION
FROM: CHIEF GODDETTE
RE: TUESDAY MARCH 23,1993 AGENDA ITEMS
DATE: MONDAY MARCH 8,1993
2.
3.
SOUTHEAST SUMMIT DEVELOPMENT
DATED: OCTOBER 1992
1 �1r
(802)658-7960
PROJECT # 92039
Ptan has been reviewed by this department and the
only problem I see a the hydtant6 .location. Thence
ate enough hydtant6, they ate not toeated in the ptopet
t ocat.io n .
I do not see a ptobZem with the p.lann.ing commission
apptov.i.ng ,the development with the undendtandc;n.g that the
hydrant6 2.oeati.on witt be approved by the bite depa tment.
L8M PARK
FAYETTE ROAD
PROJECT # 88047
DATED: 6190
PLANS HAVE BEEN REVIEWED BY THIS OFFICE AND I DO NOT SEE
A PROBLEM FOR EMERGENCY SERVICE.
Bonanza Motel- addition
Shelburne road
Job # 9027
Revised 1120193
Site plan has been reviewed and at this time I do not
see a ptobt em {got the department given emetgeney
protection
4. Sitver Palace Addition
1216 W eListon Road
Plan has been reviewed by this department and at this time
I do not see a problem gor the department in given
emergency protection.
C�7
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'NEILL
NORMAN WILLIAMS
MARGARET L. MONTGOMERY
LUCY T. BROWN
Steve Stitzel, Esq.
Stitzel & Page PC
171 Battery Street, 2nd Floor
Burlington, VT 05401
GRAVEL AND SHEA
ATTORNEYS AT LAW
76 ST. PAUL STREET
POST OFFICE BOX 369
BURLINGTON, VERMONT 05402-0369
January 6, 1992
Re: Larkin Milot Planned Commercial Development,
Shelburne Road, South Burlington Vermont
Dear Steve:
AREA CODE 802
TELEPHONE 658-0220
FAX 658-1456
CLARKE A. GRAVEL
COUNSEL
In accordance with the City's request, I enclose drafts of various documentation
required by the Planning Commission approval for the above -captioned project. For
your benefit I enclose a copy of the subdivision, as well as a copy of the Findings of Fact
and Decision. The City is anxious to have these documents finalized as it is about to
issue a Certificate of Occupancy for the theater building on the property. Please let me
know if you have any comments as soon as possible.
SRC:wbb
cc: Mr. Joe Weith, City Planner
South Burlington City Hall
Mr. Gerald C. Milot
Cordially,
GRAVEL AND SHEA
Stephen R. Crampton
Ito?
)/;/ I C
J
GRAVEL AND SHEA
ATTORNEYS AT LAW
CHARLES T. SHEA
76 STPAUL STREET
AREA CODE 802
STEPHEN R. CRAMPTON
.
TELEPHONE 658-0220
STEWART H. MCCONAUGHY
POST OFFICE BOX 369
FAX 658 1456
ROBERT B. HEMLEY
WILLIAM G. POST, JR.
BURLINGTON, VERMONT 05402-0369
WEATHERLY
GRAVEL
CLARxE A. GRnve
JAMFS E. KNAPP
COUNSEL
JOHN R. PONSETTO
DENNIS R. PEARSON
PETER S. ERLY
ROBERT F. O'NEILL
NORMAN WILLIAMS
MARGARET L. MONTGOMERY
LUCY T. BROWN
January 6, 1992
Douglas Pierson, Esq.
Pierson, Wadhams, Quinn & Yates
253 South Union Street
Burlington, VT 05401
Dear Doug:
I enclose a draft Agreement between Vermont National Bank and Fayette,
Larkin, and Milot in connection with their cooperative efforts involving the existing
branch office of the bank and Gerry's and John's development surrounding it. Be
0 advised Gerry has not commented on the terms of the Agreement, and I have not talked
with Gerry or anyone else before taking a stab at the Agreement. I would appreciate
your thoughts as soon as possible as the City wants this Agreement and the deed
finalized immediately in connection with the issuance of an occupancy permit for the
new theater on John and Gerry's property.
I also enclose a copy of the proposed warranty deed to the State of Vermont
providing an access turning lane for both the Vermont property and the new
development.
Thanks for your help in finalizing these documents.
Cordially,
GRAIIVEL AND SHEA
Stephen R. Crampton
SRC:wba
cc: Michael Gingras, Vermont National Bank
Mr. Joe Weith
Mr. Gerald Milot
OFFER OF IRREVOCABLE DEDICATION
Agreement made this _ day of January, 1992, by and between John P. Larkin, individually, John P.
Larkin and Gerald C. Milot, d/b/a Larkin Milot Partnership, a Vermont general partnership, and James J.
Fayette, (collectively the "Owners") and the City of South Burlington (the "City").
WITNESSETH
WHEREAS, the South Burlington City Planning Commission has approved a final subdivision plat
entitled: "L & M Park: Proposed Subdivision Plan" dated December, 1990, last revised September 5, 1991, and
recorded in Plat Volume 286 at Page 1 of the South Burlington City Land Records; and
WHEREAS, the final approval of the South Burlington City Planning Commission dated December 11,
1990 contains the following conditions: In accordance with the Owners' offer, Owners shall execute and deliver
to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deeds to convey
the following: (1) a one hundred (100) foot wide strip of land for future roadway purposes to extend through
the entire property near its westerly boundary line; (2) a sixty (60) foot strip of land for roadway purposes from
Fayette Road to the southerly boundary of the property; (3) a sixty (60) foot strip of land comprising the initial
section of the street known as Fayette Road as said section extends from the westerly sideline of US Route 7
in a westerly and northerly direction to a temporary cul-de-sac, together with a ten foot easement for utilities
and telephone adjacent to and westerly of said sixty (60) foot strip; and (4) a sixty (60) foot strip of land
comprising the remainder of Fayette Road as same proceeds northerly to the northerly boundary line of the
property, together with a ten foot easement for utilities and telephone adjacent to and westerly of said sixty (60)
foot strip. Said strips of land are all depicted on the aforementioned final subdivision plat of record in the South
Burlington City Land Records; and
WHEREAS, the above -described strips of land are to be dedicated to the City free and clear of all
encumbrances pursuant to the final approval of said subdivision plat; and
WHEREAS, the Owners have delivered warranty deeds of conveyance to the City for the strips of land
above -described.
NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further
consideration of the sum of Ten Dollars paid by the City to the Owners, and for other good and valuable
consideration, it is covenanted and agreed as follows:
1. The Owners herewith deliver to the City four (4) Warranty Deeds, copies of which are set forth
as Exhibits A, A-1, A-2, and A-3, attached hereto, said delivery constituting a formal Offer of Irrevocable
Dedication to the City, to be held by the City until the acceptance or rejection of each such Offer of Irrevocable
Dedication by the City Council.
2. The Owners agree that each formal Offer of Irrevocable Dedication is irrevocable and each one
can be accepted by the City at any time.
3. The granting of the final approval of the subdivision plat and the execution of this Offer of
Irrevocable Dedication and the Warranty Deeds shall impose no obligation upon the Owners to pay for or
construct any improvements in connection with the construction and use of the strips of land for roadway and
utility purposes, other than the improvements required to be made to the two strips of land which collectively
comprise Fayette Road as depicted on said final subdivision plat.
4. This Offer of Irrevocable Dedication shall run with each strip of land and be binding upon the
Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title
to the strips of land and any part thereof.
IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written.
IN PRESENCE OF: OWNERS
Witness to JJF
Witness to JJF James J. Fayette
Witness to JPL John P. Larkin, individually
and d/b/a Larkin Milot Partnership
Witness to JPL
Witness to GCM Gerald C. Milot, d/b/a
Larkin Milot Partnership
Witness to GCM
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At , in said County and State, this day of January, 1992, personally appeared
James J. Fayette, and he acknowledged this instrument, by him signed, to be his free act and deed.
Before
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At , in said County and State, this _ day of January, 1992, personally appeared
John P. Larkin, and he acknowledged this instrument, by him signed, to be his free act and deed, indi-6dually,
and doing business as Larkin Milot Partnership.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF FLORIDA
COUNTY OF 'SS.
At Hillsborough Beach, in said County and State, this day of January, 1992, personally appeared
GERALD C. MILOT, and he acknowledged this instrument, by him signed, to be his free as and deed doing
business as Larkin Milot Partnership.
[milotoff.b01 ]
Before
Notary Public
My commission expires
2-
MORTGAGE DEED
KNOW ALL MEN BY THESE PRESENTS That We, James J. Fayette of Shelburne, Chittenden County,
State of Vermont, and John P. Larkin, of Burlington, County of Chittenden, State of Vermont, and Gerald C.
Milot, of Burlington, County of Chittenden, State of Vermont, d/b/a Larkin Milot Partnership, a Vermont
general partnership, Mortgagors, in consideration of Ten and More Dollars, paid to our full satisfaction by the
City of South Burlington, a Vermont municipality located in the County of Chittenden, State of Vermont, its
successors and assigns, Mortgagee, by these presents, do freely GIVE, GRANT, SELL, CONVEY AND
CONFIRM unto the said Mortgagee, City of South Burlington, its successors and assigns forever, the following
described property located in the City of South Burlington, County of Chittenden, and State of Vermont
(hereinafter the "Property"), viz:
Being a parcel of land located westerly of and adjacent to US Route 7 and comprised of 32.6 acres,
more or less, said property being more particularly depicted and described on a survey entitled "L &
M Park: Proposed Subdivision Plan" dated December 1990, last revised September 5, 1991 and recorded
in Plat Volume 286 at Page 1 of the South Burlington City Land Records.
Being all and the same Property, the fee simple of which is owned by James J. Fayette and in which
John P. Larkin and Gerald C. Milot, d/b/a Larkin Milot Partnership, have certain interests under a
Lease -Option Agreement dated May 29, 1985 and subsequent amendments thereto.
The sole purpose of this Mortgage Deed is to secure the performance of the within Grantors of an
obligation to construct an extension of a roadway through the Property for connection with a roadway
approved in the course of development of the land next northerly and adjacent to Grantors' property,
all as recited in Condition 15 in a Findings of Fact and Decision of the South Burlington Planning
Commission dated December 11, 1990.
This Mortgage Deed shall automatically be subject and subordinate to: (i) future mortgage deeds
executed by any one or more of the within Grantors in connection with the development and
construction of improvements on the Property, (ii) easement deeds executed to the City of South
Burlington or to public utilities or telecommunication companies, and (iii) leases given to current or
future tenants of portions of the Property. The within Grantee agrees, by the execution and recordation
of this Mortgage Deed, that it shall execute any further documentation required by a subsequent
mortgagee, utility company, easement grantee, or tenant, to confirm and verify the subordinate position
of this Mortgage Deed.
Reference is hereby made to the aforementioned instruments, the records thereof and the references
therein contained, in further aid of this description.
TO HAVE AND TO HOLD the said granted Property, with all the privileges and appurtenances thereto,
to the said Mortgagee, to its own use and behoof forever; and we, the said Mortgagors, for ourselves and our
heirs, successors and assigns, do covenant with the said Mortgagee, and its successors and assigns, that until the
ensealing of these presents, we are the sole owners of the Property, and have good right and title to convey the
same in manner aforesaid, that the Property is FREE FROM EVERY ENCUMBRANCE, except existing
mortgages of record to The Howard Bank, NA. and Vermont Federal Bank, and to all easements, rights -of -way,
permits, and other matters of record in the land records in the City of South Burlington; and we do hereby
engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid.
THE CONDITION OF THIS DEED is such, that if the said Mortgagors, their heirs, executors and
assigns shall well and truly perform their obligations as set forth in Condition 15 of a Findings of Fact and
Decision approving a planned commercial development, dated December 11, 1990, for the benefit of the City
of South Burlington, then this deed to be null and void, otherwise in full force in law.
IN WITNESS WHEREOF, we hereunto set our hands and seal this _ day of January, 1992.
IN PRESENCE OF.
Witness as to JJF JAMES J. FAYETTE
Witness as to JJF
Witness as to JPL JOHN P. LARKIN
Witness as to JPL
Witness as to GCM GERALD C. MILOT
Witness as to GCM
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JAMES J.
FAYETTE, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JOHN P. LARKIN,
and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF FLORIDA
COUNTY, SS.
At Hillsborough Beach in said County, this _ day of January, 1992, personally appeared GERALD
C. MILOT, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires
[fey<tt.d.bOI j
EXHIBIT A
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, That JAMES J. FAYETTE, of Shelburne, County of
Chittenden, and State of Vermont; and JOHN P. LARKIN, of Burlington, County of Chittenden. State of
Vermont; and GERALD C. MILOT, of Burlington, County of Chittenden, State of Vermont, d/b/a Larkin
Milot Partnership, a Vermont general partnership, ("Grantors"); in consideration of Ten and More Dollars,
paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in
Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL,
CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and
assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont,
(hereinafter the "Property") described as follows, viz:
Beginning at a concrete monument in the northerly fine of the Property, said monument being S
7(W5T14" E 42.00 feet from the northwesterly corner of the Property; thence proceeding S 70°5T14" E
103.19 feet to a concrete monument; thence S 04°4544" W 648.04 feet to a concrete monument; thence
S 06°00'40"W 662.81 feet to a concrete monument; thence N 71°28'13"W 102.44 feet to a concrete
monument; thence N 06°00140"E 639.51 feet to a point; thence N 04°45144"E 672.41 feet to the concrete
monument marking the point or place of beginning. Said strip of land is more particularly depicted on
a survey entitled "L & M Park: Proposed Subdivision Plan" dated December 1990, last revised
September 5, 1991 and recorded in Plat Volume 286 at Page 1 of the South Burlington City Land
Records.
The above -described Property is conveyed to the within Grantee for use for municipal road and utility
purposes.
James J. Fayette executes this Warranty Deed as the fee simple owner and as Lessor of the above -
described Property, and John P. Larkin and Gerald C. Milot, doing business as Larkin Afilot
Partnership, execute this deed as Lessees under a Lease -Option Agreement with James J. Fayette
dated May 29, 1985, and all amendments thereto.
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 the said granted Property with all the privileges and appurtenances
thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own
use and behoof forever; and we the said Grantors, James J. Fayette, John P. Larkin, and Gerald C. Milot, for
ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF
SOUTH BURLINGTON and its successors and assigns, that until the enseafing of these presents, we the
Grantors are the sole owners of the Property, and have good right and title to convey the same in the manner
aforesaid, that the said Property is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we
hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as
aforementioned.
Vermont Federal Bank and The Howard Bank, NA., execute this warranty deed to release and quit-
claim any and all right, title, and interest that each has in the above -described Property as Mortgagees of the
fee simple and leasehold property interests.
I
IN WITNESS WHEREOF, We hereunto set our hand this _ day of January, 1992.
IN PRESENCE OF:
Witness as to JJF James J. Fayette
Witness as to JJF
Witness as to JPL
Witness as to JPL
Witness as to GCM
Witness as to GCM
By:
Witness
Witness
John P. Larkin
Gerald C. Milot
VERMONT FEDERAL BANK
Its Duly Authorized Agent
THE HOWARD BANK, NA.
By:
Witness Its Duly Authorized Agent
Witness
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JAMES J.
FAYETTE, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JOHN P. LARKIN,
and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
-2-
STATE OF FLORIDA
COUNTY, SS.
At Hillsborough Beach in said County, this day of January, 1992, personally appeared GERALD
C. MILOT, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared
, duly authorized agent of Vermont Federal Bank, and _ acknowledged the
within instrument, by _ signed, to be free act and deed, and the free act and deed of Vermont Federal
Bank.
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
Before me.
Notary Public
My commission expires 2/10/95
At Burlington, in said County, this day of January, 1992, personally appeared
duly authorized agent of The Howard Bank, NA., and acknowledged the
within instrument, by _ signed, to be _ free act and deed, and the free act and deed of The Howard
Bank, NA.
[fey01.d.b0I]
-3-
Before me,
Notary Public
My commission expires 2/10/95
EXHIBIT A-1
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, That JAMES J. FAYETTE, of Shelburne, County of
Chittenden, and State of Vermont; and JOHN P. LARKIN, of Burlington, County of Chittenden, State of
Vermont; and GERALD C. MILOT, of Burlington, County of Chittenden, State of Vermont, d/b/a Larkin
Milot Partnership, a Vermont general partnership, ("Grantors"); in consideration of Ten and More Dollars,
paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in
Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL,
CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and
assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont,
(hereinafter the "Property") described as follows, viz:
Beginning at a point in the southerly boundary line of the property of the within Grantors, said point
being N 71°28'13"W 455.50 feet from the southeasterly corner of property owned by John P. Larkin
individually, thence N 18°31'47"E 260.49 feet to a concrete monument; thence in a curve to the right a
length of 9.61 feet; thence N 55°14'00"E 23.89 feet to a concrete monument; thence in a curve to the
right a length of 60.08 feet to a concrete monument; thence S 55°14'00"W 24.26 feet to a concrete
monument; thence in a curve to the left a length of 48.05 feet to a concrete monument; thence S
18`31'47"W 260.49 feet to a point; thence S 71128113"E 60.00 feet to the point or place of beginning.
Said strip of land equals 0.43 acres and is more particularly depicted on a survey entitled "L & M
Park: Proposed Subdivision Plan" dated December 1990, last revised September 5, 1991 and recorded
in Plat Volume 286 at Page 1 of the South Burlington City Land Records.
The above -described Property is conveyed to the within Grantee for use for municipal road and utility
purposes.
James J. Fayette executes this Warranty Deed as the fee simple owner and as Lessor of the above -
described Property, and John P. Larkin and Gerald C. Milot, doing business as Larkin Milot
Partnership, execute this deed as Lessees under a Lease -Option Agreement with James J. Fayette
dated May 29, 1985, and all amendments thereto.
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 the said granted Property with all the privileges and appurtenances
thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own
use and behoof forever; and we the said Grantors, James J. Fayette, John P. Larkin, and Gerald C. Milot, for
ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF
SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the
Grantors are the sole owners of the Property, and have good right and title to convey the same in the manner
aforesaid, that the said Property is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we
hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as
aforementioned.
Vermont Federal Bank and The Howard Bank, N.A., execute this Warranty Deed, to release and quit-
claim any and all right, title, and interest that each has in the above -described Property as Mortgagees of the
fee simple and leasehold property interests.
E
IN WITNESS WHEREOF, We hereunto set our hand this _ day of January, 1992.
IN PRESENCE OF:
Witness as to JJF
Witness as to JJF
Witness as to JPL
Witness as to JPL
Witness as to GCM
Witness as to GCM
Witness
Witness
James J. Fayette
John P. Larkin
Gerald C. Milot
VERMONT FEDERAL BANK
By:
Its Duly Authorized Agent
THE HOWARD BANK, NA.
By:
Witness Its Duly Authorized Agent
Witness
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this day of January, 1992, personally appeared JAMES J.
FAYETTE, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JOHN P. LARKIN,
and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
-2-
STATE OF FLORIDA
COUNTY, SS.
At Hillsborough Beach in said County, this _ day of January, 1992, personally appeared GERALD
C. MILOT, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared
, duly authorized agent of Vermont Federal Bank, and acknowledged the
within instrument, by _ signed, to be _ free act and deed, and the free act and deed of Vermont Federal
Bank.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared
, duly authorized agent of The Howard Bank, NA., and _ acknowledged the
within instrument, by _ signed, to be _ free act and deed, and the free act and deed of The Howard
Bank, NA.
tfayawd2.b01j
- 3 -
Before me,
Notary Public
My commission expires 2/10/95
, , P 4r=_"
EXHIBIT A-2
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, That JAMES J. FAYETTE, of Shelburne, County of
Chittenden, and State of Vermont; JOHN P. LARKIN, individually, of Burlington, County of Chittenden, State
of Vermont; and JOHN P. LARKIN and GERALD C. MILOT, of Burlington, County of Chittenden, State of
Vermont d/b/a Larkin Milot Partnership, a Vermont general partnership ("Grantors"); in consideration of Ten
and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal
corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE,
GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its
successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and
State of Vermont, (hereinafter the "Property") described as follows, viz:
Beginning at a concrete monument in the westerly sideline of US Route 7, said monument being
209.05 feet N 18'35'56"E of the southeasterly corner of the property of the within Grantors, thence N
26'33'06" W 37.53 feet to a concrete monument; thence N 71'32'29" W 226.18 feet to a concrete
monument; thence in a curve to the right a length of 195.84 feet to a concrete monument; thence
continuing in a curve to the right consecutively 60.08 feet to a concrete monument and 6.10 feet to a
concrete monument; thence N 28'28'38" W 228.67 feet to a concrete monument; thence in a curve to
the right a length of 311.67 feet to a concrete monument; thence proceeding in a circle forming a
temporary cul-de-sac with a 120 foot diameter to a concrete monument; thence in a curve to the left
a length of 264.55 feet to a concrete monument; thence S 28°28'38" E 228.67 feet to a concrete
monument; thence in a curve to the left a length of 202.93 feet to a concrete monument; thence S
71'32'29" E 238.98 feet to a concrete monument; thence N 64'09'O1" E 21.21 feet to a concrete
monument in the westerly sideline of US Route 7; thence in a southerly direction to the concrete
monument marking the point or place of beginning. Said strip of land equals 1.39 acres and is more
particularly depicted on a survey entitled "L & M Park: Proposed Subdivision Plan" dated December
1990, last revised September 5, 1991 and recorded in Plat Volume 286 at Page 1 of the South
Burlington City Land Records. Specifically excluded is that small portion at the easterly end of the
above -described strip of land which is being conveyed of or about even date herewith to the State of
Vermont as part of the widening project of US Route 7.
The conveyance of the land within the temporary cul-de-sac is conveyed subject to the condition
subsequent that the land shall revert to the within Grantors upon the recordation by the City of South
Burlington of a warranty deed conveying the extension of the municipal roadway beyond the cul-de-
sac, said warranty deed being executed of even date herewith and set forth as Exhibit A-3 of an Offer
of Irrevocable Dedication dated 1992 between the within Grantors and the
City of South Burlington.
Also included and conveyed herewith is an easement ten (10) feet in width which lies adjacent to and
southerly and westerly of the above -described strip of land as the strip of land proceeds westerly and
northerly from US Route 7 to the temporary cul-de-sac, said easement to be for subsurface utility and
telephone lines, pipes, and appurtenant improvements. The within Grantee shall have the right to
convey the benefits of this easement to public utility and telephone companies as well as use it for
municipal utility purposes.
The above -described Property is conveyed to the within Grantee for use for municipal road and utility
purposes.
James J. Fayette executes this Warranty Deed as the fee simple owner and as Lessor of the above -
described Property, and John P. Larkin and Gerald C. Milot, doing business as Larkin Milot
Partnership, execute this deed as Lessees under a Lease -Option Agreement with James J. Fayette
dated May 29, 1985, and all amendments thereto. In addition, John P. Larkin is conveying his
individual fee simple interest in a portion of the strip of land which proceeds through a parcel of land
owned in his individual name.
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 the said granted Property, with all the privileges and appurtenances
thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own
rr
use and behoof forever; and we the said Grantors, James J. Fayette, John P. Larkin, and Gerald C. Milot, for
ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF
SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the
Grantors are the sole owners of the Property, and have good right and title to convey the same in the manner
aforesaid, that the said Property is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we
hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as
aforementioned.
Vermont Federal Bank and The Howard Bank, N.A., execute this Warranty Deed, to release and quit-
claim any and all right, title, and interest that each has in the above -described Property as Mortgagees of the
fee simple and leasehold property interests.
IN WITNESS WHEREOF, We hereunto set our hand this _ day of January, 1992.
IN PRESENCE OF:
Witness as to JJF James J. Fayette
Witness as to JJF
Witness as to JPL
John P. Larkin
Witness as to JPL
Witness as to GCM
Gerald C. Milot
Witness as to GCM
VERMONT FEDERAL BANK
By:
Witness
Its Duly Authorized Agent
Witness
THE HOWARD BANK, N.A.
By:
Witness
Its Duly Authorized Agent
Witness
-2-
Q
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JAMES J.
FAYETTE, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this day of January, 1992, personally appeared JOHN P. LARKIN,
and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF FLORIDA
COUNTY, SS.
At Hillsborough Beach in said County, this _ day of January, 1992, personally appeared GERALD
C. MILOT, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared
duly authorized agent of Vermont Federal Bank, and _ acknowledged the
within instrument, by _ signed, to be _ free act and deed, and the free act and deed of Vermont Federal
Bank.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared
duly authorized agent of The Howard Bank, N.A., and _ acknowledged the
within instrument, by _signed, to be _ free act and deed, and the free act and deed of The Howard
Bank, NA.
Ireyed5WII
-3-
Before
Notary Public
My commission expires 2/10/95
EXHIBIT A-3
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, That JAMES J. FAYETTE, of Shelburne, County of
Chittenden, and State of Vermont; JOHN P. LARKIN, individually, of Burlington, County of Chittenden, State
of Vermont; and JOHN P. LARKIN and GERALD C. MILOT, of Burlington, County of Chittenden, State of
Vermont, d/b/a Larkin Milot Partnership, a Vermont general partnership; ("Grantors"); in consideration of
Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal
corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE,
GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its
successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittendcn, and
State of Vermont, (hereinafter the "Property") described as follows, viz:
Beginning at a point in the northerly sideline of the property of the within Grantors, said point being
150 feet N 70°5T74" W of a northeast corner of the property of the within Grantors, thence S 00°51'37"
W 128.76 feet to a point; thence in a curve to the right a length of 251.50 feet to a point; thence S
44'31'36"W 63.79 feet to a point; thence in a curve to the left a length of 79.48 feet to a concrete
monument; thence N 73°22'39"W 60.92 feet to a concrete monument; thence in a curve to the right a
length of 108.81 feet to a point; thence N 44°31'36"E 63.79 feet to a point; thence in a curve to the left
a length of 205.77 feet to a point; thence N 00°51'37"E 148.47 feet to a point in the northerly sideline
of property of the within Grantors; thence S 70°57'14" E 63.15 feet to the point of beginning. Said
strip comprises 0.72 acres and is more particularly depicted on a survey entitled "L & M Park:
Proposed Subdivision Plan" dated December 1990, last revised September 5, 1991 and recorded in Plat
Volume 286 at Page 1 of the South Burlington City Land Records.
Also conveyed herewith is an easement ten (10) feet in width which lies adjacent to and southerly and
westerly of the above -described strip of land as the strip of land proceeds northerly through the
property of the within Grantors to its northerly boundary line. The within Grantee shall have the right
to convey the benefits of this easement to public utility and telephone companies as well as use it for
municipal utility purposes.
The Grantors convey said strip of land and adjacent easement, and the Grantee accepts such strip of
land and easement, upon the express condition that the parties will cooperate in executing a
replacement deed, if necessary, to realign the strip and easement to conform with the alignment of any
extension of the connecting roadway subsequently approved on property northerly of and adjacent to
the property of the within Grantors.
James J. Fayette executes this Warranty Deed as the fee simple owner and as Lessor of the above -
described Property, and John P. Larkin and Gerald C. Milot, doing business as Larkin Milot
Partnership, execute this deed as Lessees under a Lease -Option Agreement with James J. Fayette
dated May 29, 1985, and all amendments thereto.
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 the said granted Property, with all the privileges and appurtenances
thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own
use and behoof forever; and we the said Grantors, James J. Fayette, John P. Larkin, and Gerald C. Milot, for
ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF
SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the
Grantors are the sole owners of the Property, and have good right and title to convey the same in the manner
aforesaid, that the said Property is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we
hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as
aforementioned.
Vermont Federal Bank and The Howard Bank, NA., execute this Warranty Deed, to release and quit-
claim any and all right, title, and interest that each has in the above -described property as Mortgagees of the
fee simple and leasehold property interests.
IN WITNESS WHEREOF, We hereunto set our hand this _ day of January, 1992.
IN PRESENCE OF:
Witness as to JJF James J. Fayette
Witness as to JJF
Witness as to JPL John P. Larkin
Witness as to JPL
Witness as to GCM Gerald C. Milot
Witness as to GCM
Witness
Witness
VERMONT FEDERAL BANK
By:
Its Duly Authorized Agent
By:
THE HOWARD BANK, N.A.
Witness Its Duly Authorized Agent
Witness
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JAMES J.
FAYETTE, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JOHN P. LARKIN,
and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
-2-
STATE OF FLORIDA
COUNTY, SS.
At Hillsborough Beach in said County, this _ day of January, 1992, personally appeared GERALD
C. MILOT, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared
duly authorized agent of Vermont Federal Bank, and _ acknowledged the
within instrument, by _ signed, to be _ free act and deed, and the free act and deed of Vermont Federal
Bank.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared
duly authorized agent of The Howard Bank, NA., and acknowledged the
within instrument, by _ signed, to be _ free act and deed, and the free act and_ deed of The Howard
Bank, NA.
lfayetwO bMl l
-3-
Before me,
Notary Public
My commission expires 2/10/95
AGREEMENT
This Agreement made this _ day of January, 1992 between Vermont National Bank, a national
banking association with a place of business in Burlington, County of Chittenden, State of Vermont,
("VNB"), and James J. Fayette of Shelburne, County of Chittenden, State of Vermont, John P. Larkin
of Burlington, County of Chittenden, State of Vermont, and Gerald C. Milot of Burlington, County of
Chittenden, State of Vermont, d/b/a Larkin Milot Partnership, a Vermont general partnership ("F/L/M");
WHEREAS, VNB owns a small parcel of land adjacent to and westerly of US Route 7 in the City
of South Burlington, which parcel contains a banking office with drive-in facilities (the "VNB Property");
and
WHEREAS, the VNB Property, other than its frontage on US Route 7, is surrounded by property
of F/L/M (the "F/L/M Property"); and
WHEREAS, F/L/M has received approvals to construct a planned commercial development on
the F/L/M Property; and
WHEREAS, VNB and F/L/M have worked cooperatively with municipal and state officials to
integrate their respective property and development interests, particularly with respect to aligning and
coordinating access, traffic circulation, and parking; and
WHEREAS, VNB and F/L/M have jointly conveyed a strip of land to the State of Vermont to
provide a turning lane to serve their respective properties and the development thereon; and
WHEREAS, VNB and F/L/M desire to establish mutual easements for access, parking, and
traffic circulation to benefit both the VNB Property and F/L/M Property; and
WHEREAS, the existing bank building and revised access, circulation, and parking plan on the
VNB Property, and the proposed parking, circulation, access, and buildings on the F/L/M Property are
all depicted on a survey entitled "L & M Park: Overall Site Plan" dated June, 1990, last revised July 31,
1991 and recorded in Plat Volume 286 at Page 2 of the South Burlington City Land Records (the
"Survey");
NOW THEREFORE:
FOR CONSIDERATION exchanged and received by each of the parties, VNB and F/L/M
hereby agree and convey the following rights and interests:
1. F/L/M hereby grants a right-of-way to VNB over and through the traffic lanes depicted and
located behind and to the south of the VNB Property for use as a means of egress from the VNB Property
to Fayette Road, and over Fayette Road to US Route 7. The right-of-way granted in Fayette Road shall
terminate upon the acceptance of Fayette Road as a municipal street.
2. F/L/M further grants VNB an easement to use those parking spaces depicted on said Survey which
are located adjacent to the VNB Property or straddle the property lines between the VNB Property and
F/L/M Property. VNB hereby grants F/L/M rights of circulation in the rear of the VNB Property for
the purpose of using the parking spaces which straddle the property lines between the VNB Property and
F/L/M Property.
3. Nothing in this Agreement shall prohibit either VNB or F/L/M from further developing their
respective properties as long as the rights granted in each other's property for access, traffic circulation,
and parking are not interfered with. In particular, future development on the F/L/M Property to the rear
of the VNB Property may include a reduction of parking spaces and/or realignment of the traffic lanes
as long as a reasonable means of egress from the VNB Property is maintained.
4. The parties agree that they shall maintain their respective circulation lanes and parking spaces in
reasonable repair and shall seek to coordinate ongoing maintenance on both properties, including periodic
restriping, snowplowing, and patching and replacement of pavement.
5. VNB and F/L/M shall work cooperatively in any eminent domain proceeding affecting the VNB
Property or F/L/M Property to ensure that the purposes, intent, and benefits of this Agreement survive
any such taking.
6. Both VNB and F/L/M shall maintain public liability insurance, each of their respective policies
insuring both parties against any liability covered by a standard liability insurance policy that may accrue
against them or either of them on account of any occurrences in or about the VNB Property or F/L/M
Property. Either party may request copies of the other party's liability policies on a reasonable basis.
Said insurance policies shall be maintained in the amount of at least One Million Dollars (US
$1,000,000.00) with respect to injuries to any one person, Three Million Dollars (US $3,000,000.00) with
respect to injuries to more than one person -in any one occurrence, and at least One Hundred Thousand
Dollars (US $100,000.00) of property liability insurance, said amounts to increase overtime in accordance
with prudent business practices.
7. VNB and F/L/M agree to execute any documentation in the future to adopt the purposes, intents,
and benefits of this Agreement to reflect future changes which may impact on access, circulation, and
parking.
8. The rights -of -way and easements granted herein are conveyed for use in common with the Grantor
of the rights -of -way or easements, and shall be used in common with all subsequent owners, tenants,
invitees, and users of portions or all of the VNB Property and the F/L/M Property.
Dated as of this _ day of January, 1992.
IN PRESENCE OF:
VERMONT NATIONAL BANK
By:
Witness
Its Duly Authorized Agent
Witness
Witness as to JJF
James J. Fayette
Witness as to JJF
Witness as to JPL
John P. Larkin
Witness as to JPL
Witness as to GCM
Gerald C. Milot
Witness as to GCM
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JAMES J.
FAYETTE, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before
Notary Public
My commission expires 2/10/95
-2-
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JOHN P.
LARKIN, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF FLORIDA
COUNTY, SS.
At Hillsborough Beach in said County, this _ day of January, 1992, personally appeared
GERALD C. MILOT, and he acknowledged the within instrument, by him signed, to be his free act and
deed.
Before
Notary Public
My commission expires
STATE OF VERMONT
CHrITENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared
, duly authorized agent of Vermont National Bank, and acknowledged
the within instrument, by _ signed, to be _ free act and deed, and the free act and_ deed of Vermont
National Bank.
[milougm.botl
Before me,
Notary Public
My commission expires 2/10/95
-3-
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, That VERMONT NATIONAL BANK, a national banking
association with a place of business in Burlington, County of Chittenden, and State of Vermont; JAMES J.
FAYETTE, of Shelburne, County of Chittenden, State of Vermont; JOHN P. LARKIN, individually, of
Burlington, County of Chittenden, State of Vermont; and JOHN P. LARKIN and GERALD C. MILOT of
Burlington, County of Chittenden, State of Vermont, d/b/a Larkin Milot Partnership, a Vermont general
partnership, ("Grantors"); in consideration of Ten and More Dollars, paid to their full satisfaction by the
STATE OF VERMONT, acting by and through the Vermont Agency of Transportation, a body politic with its
capital in Montpelier, Washington County, State of Vermont, ("Grantee") by these presents, do freely GIVE,
GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, the STATE OF VERMONT, its successors
and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of
Vermont, (hereinafter the 'Property") described as follows, viz:
Beginning at a concrete monument in the existing sideline of US Route 7, said monument located
209.05 feet N 18'35'56" E from the southeasterly corner of the parcel of land owned by John P. Larkin
individually; thence N 26'33'06" W 37.53 feet to a concrete monument; thence N 18133'52" E 65.00 feet
to a concrete monument; thence N 64'09'01" E 21.21 feet to a concrete monument; thence N 18'35'56"
E 195.95 feet to a point in the southerly sideline of property of Vermont National Bank; thence
continuing N 18'35'56' E consecutively 125.00 feet to a point and 45.97 feet to a point; thence S
70*47126" E 11.13 feet to a point in the existing sideline of US Route 7; thence proceeding in the
existing westerly sideline of US Route 7 consecutively S 18'15'18" W 45.86 feet, S 18133112" W 125.00
feet; and S 18'35'56" W 302.27 feet to the concrete monument marking the point or place of beginning.
Said strip comprises 0.15 acres and is more particularly described on a survey entitled "L & M Park:
Proposed Subdivision Plan" dated December 1990, last revised September 5, 1991 and recorded in Plat
Volume 286 at Page 1 of the South Burlington City Land Records.
The conveyance of this irregular strip of land is to widen and expand US Route 7 as a public highway.
The conveyance of the above -described strip of land is specifically subject to the retention of curb cuts
onto US Route 7 for the benefit of the Vermont National Bank property and for the benefit of the
properties of John Larkin individually and the property in which James J. Fayette, John P. Larkin, and
Gerald C. Milot, d/b/a Larkin Milot Partnership have property interests in. Said curb cuts and access
points are located and depicted on a survey entitled "L & M Park: Overall Site Plan" dated June, 1990,
last revised July 31, 1991 and recorded in Plat Volume 286 at Page 2 of the South Burlington City
Land Records.
Reference is hereby made to the above -mentioned instruments, the records thereof and the references
therein contained in further aid of this description.
TO HAVE AND TO HOLD the said granted Property, with all the privileges and appurtenances
thereto, to the said Grantee, STATE OF VERMONT, and its successors and assigns, to its own use and behoof
forever; and we the said Grantors, Vermont National Bank, James J. Fayette, John P. Larkin, and Gerald C.
Milot, for ourselves and our heirs, executors and administrators, do covenant with the said Grantee, the STATE
OF VERMONT, and its successors and assigns, that until the ensealing of these presents, we the Grantors are
the sole owners of the Property, and have good right and title to convey the same in the manner aforesaid, that
the said Property is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we hereby engage
to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned.
Vermont Federal Bank and The Howard Bank, NA., execute this Warranty Deed, to release and quit-
claim any and all right, title, and interest that each has in the above -described property as Mortgagees of the
fee simple and leasehold property interests.
IN WITNESS WHEREOF, We hereunto set our hand this day of January, 1992.
IN PRESENCE OF:
Witness
Witness
Witness as to JJF
Witness as to JJF
Witness as to JPL
Witness as to JPL
Witness as to GCM
Witness as to GCM
Witness
Witness
VERMONT NATIONAL BANK
By:
Its Duly Authorized Agent
James J. Fayette
John P. Larkin
Gerald C. Milot
VERMONT FEDERAL BANK
By:
Its Duly Authorized Agent
THE HOWARD BANK, NA.
By -
Witness Its Duly Authorized Agent
Witness
-2-
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this day of January, 1992, personally appeared
, duly authorized agent of Vermont National Bank, and _ acknowledged the
within instrument, by _ signed, to be _ free act and deed, and the free act and deed of Vermont
National Bank.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared JAMES J.
FAYETTE, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this day of January, 1992, personally appeared JOHN P. LARKIN,
and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF FLORIDA
COUNTY, SS.
At Hillsborough Beach in said County, this _ day of January, 1992, personally appeared GERALD
C. MILOT, and he acknowledged the within instrument, by him signed, to be his free act and deed.
Before me,
Notary Public
My commission expires
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared
, duly authorized agent of Vermont Federal Bank, and _ acknowledged the
within instrument, by _ signed, to be _ free act and deed, and the free act and deed of Vermont Federal
Bank.
Before me,
Notary Public
My commission expires 2/10/95
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this _ day of January, 1992, personally appeared
, duly authorized agent of The Howard Bank, NA., and _ acknowledged the
within instrument, by _ signed, to be _ free act and deed, and the free act and deed of The Howard
Bank, NA.
[fayo.d4.b01 I
3-
Before me,
Notary Public
My commission expires 2/10/95
PUBLIC HEARING
SOUTH BURLINGTON PLANNING COMMISSION
The South Burlington Planning Commission will hold a public hearing
at the South Burlington City Hall, Conference Room, 575 Dorset
Street, South Burlington, Vermont on Tuesday, March 23, 1993 at
7:30 P.M. to consider the following:
1) Preliminary Plat application of MBL Associates for a planned
residential development involving 202.2 acres of land and
consisting of 157 single-family lots and 64 multi -family units,
Southeast Summit, Dorset Street.
2) Revised final plat application of John Larkin & Gerry Milot
to amend the L&M Park planned commercial development as follows:
1) revise the building sizes and parking lot of the residential
portion of the development, and 2) subdivide the project to create
separate parcels for the residential and commercial portions of the
development, Shelburne Road.
Copies of the applications are available for public inspection at
the South Burlington City Hall.
William Burgess
Chairman,
South Burlington Planning Commission
March 6, 1993
CITY OF SOUTH BURLINGTON
Subdivision Application - FINAL PLAT
1) Name of Applicant John Larkin & Gerry Milot
2 ) Name of Subdivision L&M Park
3) Indicate any change to name, address, or phone number of
owner of record, applicant, contact person, engineer,
surveyor, attorney or plat designer since preliminary plat
application
No Changes
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:
- Remove 2 parking spaces and encroachment on C.O. Zone
-_ Modified proposed subdivision line per staff request
- Other misc. comments contained in staff review letter of 30 Dec. 92
5) Submit five copies and one reduced copy (11 x 17) of a
final plat plus engineering drawings and containing all
information required under Section 202.1 of the subdivision
regulations for a minor subdivision and under Section
204.1(a) for a major subdivision.
6) Submit two draft copies of all legal documents required
under Section 202.1 (11) and (12) of the subdivision
regulations for a minor sudivision and under Section 204.1(b)
for a major subdivision.
)/J- /93
(Signature) } or ntact person Date
FITZPATRICK•LLEWELLYN INCORPORATn
Engineering and Planning Services
One Wentworth Drive
WILLISTON, VERMONT 05495
WE ARE SENDING YOU
I DATE.. /,;x IJOB NO. ��.•(T� /J may/
IIL ATTENTION I G/� . (�,•�L,'}JY �Jy
1
ttached ❑ Under separate cover via ✓1Lthe following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
i / 1 ✓ • , - � ��
11001
M
11001
THESE ARE TRANSMITTED as checked below:
/For approval ❑ Approved as submitted
`❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 19
REMARKS
city of So. Burlington
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
40 % Pre onsumer Cont nt
PRODUCT 24063 Inc, GroWn, Mm. 01471.
10%Post-Cons erContent SIGNED: Ce/taa�"
It enclosures are not as noted, kindly notify us at once.
-- --------
---- ------
L-4
SOUTHL 4ND CORP.
I
'1
\
Z \
1
!
t
�1
TOTAL RESIDENTIAL AREA
960,062 sq. ff.
22.04 ones
ll
CENTERLINE OF t^\
RAILROAD TRACKS
\
PROPOSED 30 WIT
\
BUILDING TYR
1
1
N/F
1
STATE OF VERMONT
1 1
OWNER/LESSOR
~
VERMONT RAILWAY
Z
LESSEE
o
cvswc re,
WATER TRANSMISSION
mt \
LOCATION BASED
\
ON AS -BUILT
DRAWING
E
1
`
1 l
1 I
!00' R.O.W. TO
DEDICATED TO
TO
1041.48' \\
,t 1
10' UTILITY
H EASEMENT
,\ (ELEC., TEL.)
`�'•� TEMPORARY 1
•,`'� CUL-DE-SAC
LOCATION
�\1
\
1 1Y
oEC2 91992
1r' i 1 60' ROW FOR FUTURE
ROADWAY EXTENSION.
LOCATION OUTSIDE OF
•\ CONSERVATION ZONE
1 TO BE DETERMINED BY ��a
• ,\ AND DEDICATED TO
\ • ; THE CITY City -
n/��`
1 t 100' CONSERVA7IOV ZONE
I i.t I
15' WAT£RUAE EASEMENT
1
I EXISTING VERMONT -
E 1 SM/ITARY SEMEIP NATIONAL BANK
IMPW 1HW 2 E0' AS£Y£N!
NOTES
y
b N/T SOUTH 8(.WLwGTON
CHRYSLER PLYMOUTH
v u
A �
` - 1E [AfL11PiI
i/20(l 0U S.F.
l PROVIDE 6D'
EASEMENT TO BE
ThLEATER
DEDICATED TO CITY
PROPOSED
/
STORMWATER NIT FARREU
TREATMENT
PONDS
EXISTING RESERVOIR AND
EASEMENT TO BE
j
RESOLVED
32' WIDE PUBLIC
57RE£T IMTHIN
A 60' RIC'HT-OF-WAY
TO BE DEDICATED
TO CITY
LEGEND
PERIMETER PROPERTY LINE
-- R.O.W. / EASEMENT LINE
EDGE OF PAVEMENT
------------- LIMIT OF CONSERVATION ZONE
------------- --- LIMIT OF WETLANDS ( E TYPICAL)
Epp ,�' � T7<QJ_•l�E
IZL.IIa Ep_ rJGV L'E410EJ1
GRAPHIC SCALE
1 IN FEET 1
I inch • 100 It.
I
AT
L.k.
SOUTH
LOCUS
Nl;
�WN
AW-
1. OWNER OF RECORD. ✓AMES FAYETTE
1930 SH£LBURNE ROAD
SHELBURNE, VERMONT 05482
-N 71.22' 41" W
- 11.40'
2. APPLICANT' GERALD MILOT 8 JOHN LARKIN
S IB' 15,18" W
P.O. BOX 4193
45.86'
BURLINGTON, VERMONT 05402
--- TO BE DEDICATED TO THE
STATE OF VERMONT
XlS77NC CURB CUT
3, ZONED: COMMERCIAL 1, COND177ONAL RESIDENTIAL USE PREVIOUSLY
TO REMAIN
APPROVED BY SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT.
t �S 71. 22' 4Z' £
t 188.60'
S 71.22' 42" E
4. TOTAL PARCEL AREA: 33.53 (+/-) ACRES
11.50'
S 18' 36'04"W
y 125-00,
5. TOPOGRAPHY AND EXIS77NG FEATURES TAKEN FROM A PLAN ENTITLED
m �l1
l6M BUSINESS PARK SKETCH PLAN" BY DONALD L. HAMLIN, DATED
12/IB/B6. AND FROM INVESTIGATIONS PERFORMED BY THIS OMCE.
w _ McDONAL05
PERIMETER PROPERTY LINE INFORMA 77ON TAKEN FROM A PLAN
RESTAURANT
EN77TLED "LKM PARK 11175 SHELBURNE ROAD, SOUTH BURLINGTON,
I_. e' TOTAL COMMERCIAL AREA
-
VERMONT". DRAWING NUMBERS D 3723 AND D 3849, DATED NOVEMBER
1990. LATEST REVISION FEBRUARY, 1991.
500,069 sq. /f.
/I.48 acres
O MACWTOSH A\£
6. EX'STING SANITARY SEWER LOCATION AND ELEVATIONS TAKEN FROM
- a
DRAWINGS PROVIDED BY THE CITY OF SOUTH BURLINGTON
AND FROM INWS77CA77ONS PERFORMED BY THIS OFFICE. EX157ING
b
16' C.W.D. TRANSMISSION MAIN LOCA77ON BASED FROM INFORMATION
PROVIDED BY THE CITY OF SOUTH BURLINGTON WATER D£PAR TMEN T.
FIRE LANE
ALL LOCATIONS MUST BE FIELD VERIFIED PRIOR TO CONSTRUCTION.
7. LOCA77ON AND WIDTH OF AN77CIPATED HIGHWAY RIGHT-OF-WAY SHOWN
I O
AS DESCRIBED BY THE CITY OF SOUTH BURLINGTON CITY PLANNER. '
I C
I
25' SETBACK FROM R.O.W. MAINTAINED AS STIPULATED BY PLANNER,
y
8. TOTAL MUL 77-FAMILY UN/73 - 150
TOTAL NUMBER OF MULTI -FAMILY BUILDINGS 5
DTOTAL
PARKING SPACES REQUIRED 338
PARKING SPACES BENEATH BUILDING 135
C£
OPEN PARKING SPACES PROVIDED 209
/
TOTAL NUMBER OF PARKING SPACES PROVIDED - 344
1 9. COMMERCIAL/RETAIL AREA AND BANK
20,000 +/- SO.FT. THEATER
22, 000 SOFT. RETAIL, 3100 SO. FT RESTAURANT
PARKING SPACES PROVIDED - J93
PROPPOSED
RETAIL / COMMERCIAL 10. EXISTING 61 UNIT HOTEL BUILDING
DEVELOPMENT EXISTING HIRKNG BADGES PROVIDED 73
�3 Qom.-n-sG R�v�.�t" a aG1� •n cr Rao1 W� z-•j q1
,i i Vs1b�[�cv.6rn^.xr.f ,4mv4.✓f., Psi�w•,.,.�ew•ti.os I•�"i<ro� ,. b.91
2G.ntiL up6T� p[•ur�uU cc-r
¢E-7E _TG9
cl_6ri ufT �/ QG �•- P4 . 00 T-• "-!1 P✓
��o rez
Q t���E ¢TE l Ge..r T rnnTL•+ ba —.Les
GfNh� Rai na 1a2opTs�Y 1..�c. ✓CSC+a�J-. r3-� . •J"-TES
REVISION;
IT IS THE USERS RESPONSIBILITY TO ENSURE THA T
L & M PARK
Barn+ euauNcrov .[rrupvr
0 VERALL SITE PLAN
88��
.DINE 1990
ro ,}' • ��� W L5�� U UV 7"r
t INCORPORATED �'M
nr..K —1 D 3264
� TIoh1,L �4\ NILUSTON ..o VERMONT
IT, l6
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER ZONING ADMINISTRATOR
658-7955 658-7958
f
January 22, 1993
John Steele
FitzPatrick-Llewellyn, Inc.
One Wentworth Drive -- -
Williston, Vermont 05495
Re: 2 Lot Subdivision, L&M Park
Dear Mr. Steele:
Enclosed is the agenda for next Tuesday's Planning Commission
meeting and my comments to the Planning Commission. Comments from
City Engineer Bill Szymanski and Fire Chief Jim Goddette were
forwarded at an earlier date. Please be sure someone is present on
Tuesday, January 26, 1993 at 7:30 P.M. to represent your request.
If you have any questions, please give me a call.
in erely,
C
, oe Weith,
City Planner
Encls
JW/mcp
cc: Gerald Milot
John Larkin
wf-.-
/ -P- 53
..... . ....................
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000
15 January 1993
Mr. Raymond J. Belair
Zoning and Planning Assistant
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: 2 Lot subdivision L & M Park
File: 88047
Dear Mr. Belair:
Thank you for your preliminary comments of 30 December 1992,
regarding the above referenced proposed subdivision. We would like
to take this opportunity to respond.
1. Due to financing requirements, the applicants wish to separate
the commercial portion from the residential portion of the
project. It was suggested that the proposed subdivision line
follow the existing sanitary sewer easement since this location
was easily recognizable in the field. All parties involved
accepted the proposed location.
2. If the proposed subdivision line remains as indicated, and the
area encompassed by the Fayette Road right of way is removed,
the lot coverages are as follows:
Commercial Area
Buildings - 65,300 SF/ 14%; Total Coverage - 253,550 SF/ 56%
Residential Area
Buildings - 42,880 SF/ 5%; Total Coverage - 125,340 SF/ 14%
Combined Commercial and Residential Areas
Buildings - 108,180 SF/ 8%; Total Coverage - 378,890 SF/ 28%
3. Fill in the CO zone will be addressed under Final Plat
submittal.
4. We understand the requirements for Final Plat, i.e. stamped by
a licensed land surveyor. Since the drawings submitted were
for sketch plan review, a stamp is not required. Our Final
Plat submittal will be stamped by our land surveyor.
Design 0 Inspection 0 Studies 0 Permitting 0 Surveying
Mr. Ray Belair
File: 88047
15 January 1993
Page -2-
5. We believe that the two notes on our plan regarding easements
and land dedication should remain on the drawings. Our
previous experience in matters of this regard reveal that, if
former easements and dedicated lands remain on drawings, it is
much easier for researchers to identify these areas if a
conflict arises in the future.
Should you have questions regarding our response, or other matters
pertaining to this project, please contact us.
Sincerely,
FITZPATRI /CKK-LLel�
EWELLYN INCORPORATED
e" /
Charles Van Winkle
Project Manager
cc: John Larkin
Gerry Milot
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT05403
FAX 658-4748
PLANNER
658-7955
December 31, 1992
John Steele
FitzPatrick-Llewellyn, Inc.
One Wentworth Drive
Williston, Vermont 05495
Re: 2 Lot Subdivision, L&M Park
Dear Mr. Steele:
ZONING ADMINISTRATOR
658-7958
Enclosed please find some preliminary comments on the above
referenced project from City Engineer Bill Szymanski, Fire Chief
Jim Goddette and myself. Please respond to these comments with
additional information and/or revised plans no later than Friday,
January 15, 1993.
If you have any questions, please give me a call.
Sincepaly,
Raymo d J. Belair,
Zoning and Planning Assistant
Encls
RJB/mcp
cc: Gerald Milot
John Larkin
M E M O R A N D U M
To: Project Files 6
Fromi Raymond J. Belai Zoning and Planning Assistant
Re: Preliminary Comments - January 26, 1993 agenda items
Date: December 30, 1992
EUGENE WARD - OFFICE ADDITION - SITE PLAN
--- existing building is a noncomplying structure and section
19.002 of the zoning regulations applies. Applicant should
submit a copy of a property appraisal to show that addition
will not exceed 25% of the fair market value of the property.
--- will addition result in any additional employees?
--- proposed plantings along Williston Road should be relocated
outside of area to be taken for Williston Road widening.
--- provide height of proposed white pines.
--- provide front yard coverage information.
--- provide exterior lighting information, existing and proposed.
--- if site will have dumpster, it should be shown and screened.
--- parking spaces 3,4, and 5 are too short, they must be at least
18 feet in length.
--- it is suggested that applicant meet with Fire Chief to resolve
emergency access concern (see Chief's memo).
--- access drive connecting parking area with the street scales to
be only 16 feet wide next to the building, section 19.254b of
the zoning regulations requires this access drive to be 20
feet wide.
--- plan should show existing plantings around sign.
L&M PARK - TWO (2) LOT SUBDIVISION - SKETCH PLAN
--- staff is not in favor of the 20 foot strip of land which is
proposed to be part of the commercial lot which runs north -
south along South Burlington Chrysler Plymouth property. This
is wasted land which does not appear to serve any purpose.
--- coverage information should be submitted for both lots.
--- fill should not be placed in the CO zone as is proposed at the
southeast corner of the residential project's parking lot.
--- for final plat review, a survey plat will be required which is
stamped by a land surveyor (sheet 1).
1
Preliminary Memo - Planning
January 26, 1993 agenda items
December 30, 1992
Page 2
--- note on sheet 1 which states "existing reservoir and easement
to be resolved" with an arrow pointing to the theater building
should be removed if this issue has been resolved.
--- has strip of land along Shelburne Road been dedicated to the
State of Vermont? If so, this note should be removed.
SOUTHLAND PCD - SHELBURNE ROAD - SKETCH PLAN
The following additional information must be shown on the Sketch
Plan (this information is required under Section 201 of the
subdivision regulations):
-- name and address of the owner of record and applicant.
--- name of owners of record of contiguous properties.
--- type of, location, and approximate size of existing and
proposed utilities.
--- location map.
E
M E M O R A N D U M
To: South Burlington Planning Commission
From: William J. Szymanski, City Engineer
Re: Preliminary Comments January 26, 1993 agenda items
Date: December 28, 1992
EUGENE WARD PROPERTY, 3069 WILLISTON ROAD
1. A sidewalk should be included along the frontage.
2. Plantings should be outside of the planned 80' r.o.w.
L&M PARK, SHELBURNE ROAD
The 342.77 foot strip to the north could be a better use to the
residential lot.
SOUTHLAND, SHELBURNE ROAD
The four buildings in about the center of the development conflict
with the extension of the L&M Park road to connect to Queen City
Park Road as planned and as shown on official map.
FAX: (802) 658-4748
TO:
FROM:
RE:
DATE
1.
2.
�§vttO S uriingtun Nirc D P artmcnt
575 Bnrset street
'�§nutb Nurlingtvn. 7germunt 05403
SO, BURLINGTON PLANNING COMMISSION
CHIEF GODDETTE
TUESDAY JANUARY 26,1993 AGENDA ITEMS
TUESDAY DECEMBER 29,1992
SOUTHLAND
SHELBURNE ROAD
PROJECT # 92085
DATED:12/92
F
1
(802)658-7960
THE PLAN WAS REVIEWED BY THIS DEPARTMENT AND AT THIS
TIME THE ONLY PROBLEM I SEE IS THAT THERE IS NOT PROPER
ACCESS FOR EMERGENCY EQUIPMENT AROUND THE PROPOSED
HOTEL.
L&M PARK
PROJECT # 88047
DATED: 12/92
PLAN HAS BEEN REVIEWED ON THE CHANGES TO THE ENTRANCE
TO THE PARKING GARAGES AND AT THIS TIME I DO NOT
FEEL IT WILL EFFECT EMERGENCY PROTECTION.
3. EUGENE WARD III 3069 WILLISTON ROAD
ADDITION DATED: 12/15/92
PLAN WAS REVIEWED AND IT WAS FOUND WITH THE DESIGN OF
THE DRIVE WAY AND PARKING AREA WE COULD HAVE A PROBLEM
WITH ACCESS TO GET EMERGENCY EQUIPMENT IN FOR EMERGENCY
PROTECTION .
FITZPATRICK-LLEWELLYN INCORPORA-re
Engineering and Planning Service.
One Wentworth Drive
WILLISTON, VERMONT 05495
ELFET 'E° JF "TMRSOMOTTR LL
DATE
ATTENTION
WE ARE SENDING YOU U8 Attached ❑ Under separate cover via the following items:
❑ Shop drawings [9/Prints ❑ Plans ❑ SaMp s Specificati s ,
❑ Copy of letter ❑ Change order 4eUt a&
VV
U0W
U
THESE ARE TRANSMITTED as checked below
❑ For approval ❑ Approved as submitted ElResubmit copies for approval
[For your use ❑ Approv o�1992
❑ Submit copies for distribution
� �� �
p'As requested ElReturne f�or corrections El corrected prints
Ear/For review and comment ❑
y Of SO. Dullill Out,
❑ FOR BIDS DUE ' 19 PRINTS RETURNED AFTER LOAN TO US
4 40 % Pre -Consumer Content - 10 % Post -Consumer Content
PRODUCT 240-2 ees Inc., Groton, Mam 01471.
It enclosures are not as noted, kindly notify us at
CITY
OF SOUTH BURLINGTON
Subdivision
Application - SKETCH PLAN
1) Name, address, and phone
number of:
a. Owner of record
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b. Applicant �PiYll.���
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c . Contact jek
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2) Purpose, location, and nature of subdivision or development,
including number of lots, units, or parcels and proposed
use(s).
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3) Applicant's leg 1 interest in
option, etc. & -- V)UY-6
perty _ (feel simple,
4 ) Names of 1ownelrsnof recordof
/all ///c) ontiguou/s properties
(ow
4 /'/Sv1n , /�.rYO nL 11A'..'.f //'T ► , ,/_I
5) Type of existing or proposed encumbrances on property such
as easements, covenants, leases, rights of way, etc.
�D 1 �il�,t,���✓ y �'�Prc) � r°�ar�c �i� ; ��'rM P.�w� -�o �a��U
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6) Proposed extension, relocation, or modification of municipal
facilities such as sanitary sewer, water supply, streets,
storm drainage, etc.
7)
q11
Describe any previous actions taken by the Zoning Board of
Adjustment or by the South Burlington Plannipg Commission
which affect the proposed subdivision, and include the dates
of such actions:
- 1?6- :A�A� RV /"tA 2A`3�
8) Submit five copies and one reduced copy (8 1/2 x 11,
8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow-
ing information:
1) Name of owners of record of contiguous properties.
2) Boundaries and area of: (a) all contiguous land belong-
ing to owner of record and (b) proposed subdivision.
3) Existing and proposed layout of property _lines; type
and location of existing and proposed restrictions on
land, such as easements and covenants.
4) Type of location, and approximate size of existing and
proposed streets, utilities, and open space.
5) Date, true north arrow and scale (numerical and
graphic).
6) Location map, showing relation of proposed subdivision
to adjacent property and surrounding area.
(Signature) applicant or contact person Date
CITY OF SOUTH BURLINGTON
Subdivision Application - SKETCH PLAN
1) Name, address, and phone number of:
a. Owner of record James Fayette
1930 Shelburne Road
Shelburne VT 0548
b. Applicant Gerald Milot & John Larkin
P.O. Box 4193, Burlington, VT 05402
c . Contact FitzPatrick-Lle% ellyn Incorporated
One Wentworth Drive Williston VT 05495
2) Purpose, location, and nature of subdivision or development,
including number of lots, units, or parcels and proposed
use(s).
Applicants seek to create a subdivision between the two parcel's to meet
financing requirements
3) Applicant's legal interest in the property (fee simple,
option, etc. Ownership
4) Names of owners of record of all contiguous properties
___Southland Corp. Farrell, Pizz_agalli Corp., State of Vermont
5) Type of existing or proposed encumbrances on property such
as easements, covenants, leases, rights of way, etc.
Proposed Fayette Road lease to McDonald's Corl2.. lease to Merrill Th ater
Corp.
1
CITY OF SOUTH BURLINGTON
Subdivision Application - FINAL PLAT
1 ) Name of Applicant Gerald Milot & John Larkin
2 ) Name of Subdivision L&M Park
3) Indicate any change to name, address, or phone number of
owner of record, applicant, contact person, engineer,
surveyor, attorney or plat designer since preliminary plat
application
None
4) Indicate any changes to the subdivision, such as number of
lots or units, property lines, applicant's legal interest
in the property, or developmental timetable, since
preliminary plat application:
5) Submit five copies and one reduced copy (11 x 17) of a
final plat plus engineering drawings and containing all
information required under Section 202.1 of the subdivision
regulations for a minor subdivision and under Section
204.1(a) for a major subdivision.
6) Submit two draft copies of all legal documents required
under Section 202.1 (11) and (12) of the subdivision
:99gulations for a minor sudivision and under Section 204.1(b)
or a m r subdivision.
(Signature) applicant or contact person Date
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000
14 December 1992
Mr. Joe Weith
City Planner
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: L & M Park, two lot subdivision
File: 88047
Dear Mr. Weith:
On behalf of our client, the L & M Partnership, we are applying for
planning commission approval for a two lot subdivision within the
recently approved L & M Park. Due to financing requirements, the
applicants seek to separate the commercial portion of the project
from the residential portion.
We have enclosed a five copies of the 100 scale drawing depicting
the proposed subdivision along with the required 11" by 17" reduced
copy. With the exception of the subdivision line, no additional
modifications or changes to the approved drawings of 29 September
1992 are proposed. Would you please schedule us for the next
available planning commission meeting.
Sincerely,
FITZPATRICK-LLEWELLYN INCORPORATED
C)"6�, 6vl-4
Charles Van Winkle
Project Manager
cc: John Larkin
Gerry Milot
Design • Inspection • Studies • Permitting • Surveying
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000
28 December 1992
Ms. Faith Ingulsrud
Assistant Coordinator
State Of Vermont Environmental Board
District Environmental Commission #4
Ill West Street
Essex Junction, VT 05452
Re: 4C0877-3; L & M Park, South Burlington
File: 88047
Dear Ms. Ingulsrud:
On behalf of our client, the L & M partnership, we are submitting
for review by the Commission, revised drawings for the above
referenced project.
Due to financing requirements, the applicants wish to separate the
commercial portion of the project from the residential portion of
the project. To accommodate this, we have shown a subdivision line
separating the two parcels on the overall plan, and on sheets 3 and
4 of the site drawings. The easterly lot (commercial), occupies an
area consisting of 11.48 acres. The westerly lot (residential)
comprises an area of 22.04 acres.
In addition to the subdivision line, the applicants have revised
the lease line around the multi family units. The line revisions
now encompass the parking areas associated with each unit; the
original submittal did not. The area encompassed by the lease line
within the residential portion of the site is 7.62 acres.
We understand from the Division of Protection, that any lease
having a duration longer than three years and creating a parcel
less than ten acres in size, under the Environmental Protection
Rules, requires a subdivision permit. We understand from the
applicants, that the proposed lease for the residential units, will
be longer than three years. Since the area encompassed by the
lease line is less than ten acres, a subdivision permit from the
Protection Division is required.
Within the proposed "commercial" lot, the total area is 11.48
acres. However, there are two existing lease areas within this
proposed commercial lot. One lease area totalling 1.16 acres is
occupied by McDonald's Corp.; the other area totalling 0.79 acres
Design 0 Inspection 0 Studies to Permitting • Surveying
Ms. Faith Ingulsrud
File: 88047
28 December 1992
Page -2-
is occupied by the movie theater. Both lease areas are permitted
under EC-4-1650 and 4C0877-2. It is the position of the Protection
Division that the combined acreage of the two lease areas is
removed from the total area occupied by the commercial lot.
Therefore, subtracting the total lease area (1.95 acres), from the
proposed total lot area (11.48 acres), creates a residual non
leased area of 9.53 acres. This residual non lease area (9.53
acres) required a subdivision permit.
The Protection Division had also required some design modifications
to the sanitary sewer system prior to issuance of a permit, and
have enclosed copies of the revised design drawings for your
records.
We hope this letter adequately explains the modifications and
design revisions of the plans to the Commission. However, should
clarification be required, please contact us at your earliest
convenience.
Sincerely,
FITZPATRICK-LLEWELLYN INCORPORATED
G�14144 Z<J"�
Charles Van Winkle
Project Manager
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
Certificate of Service
I certify that I, Charles Van Winkle, consultant for the
applicant's, sent a copy of the foregoing letter and revised plans,
by U.S. Mail, postage paid, or hand delivered as noted, to the
following:
John Larkin
410 Shelburne Road
South Burlington, VT 05403
Gerald Milot
P.O. Box 4193
South Burlington, VT 05403
James Fayette
1930 Shelburne Road
Shelburne, VT 05482
Margaret Picard, City Clerk
Chair, City Council *
Joe Weith, City Planner
City Of South Burlington
575 Dorset Street
South Burlington, VT 05403
Chittenden County Regional Planning Commission
P.O. Box 108
Essex Junction, VT 05453
Kurt Janson, Land Use Attorney
Agency Of Natural Resources
103 South Main Street, 2 Center
Waterbury, VT 05676
Dated at Williston, VT, this 28 day of December 1992
* Delivered via messenger
Charles Van Winkle
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
One Wentworth Drive 0 Williston • Vermont • 05495 • (802) 878-3000
28 December 1992
Ms. Faith Ingulsrud
Assistant Coordinator
State Of Vermont Environmental Board
District Environmental Commission #4
111 West Street
Essex Junction, VT 05452
Re: 4C0877-3; L & M Park, South Burlington
File: 88047
Dear Ms. Ingulsrud:
On behalf of our client, the L & M partnership, we are submitting
for review by the Commission, revised drawings for the above
referenced project.
Due to financing requirements, the applicants wish to separate the
commercial portion of the project from the residential portion of
the project. To accommodate this, we have shown a subdivision line
separating the two parcels on the overall plan, and on sheets 3 and
4 of the site drawings. The easterly lot (commercial), occupies an
area consisting of 11.48 acres. The westerly lot (residential)
comprises an area of 22.04 acres.
In addition to the subdivision line, the applicants have revised
the lease line around the multi family units. The line revisions
now encompass the parking areas associated with each unit; the
original submittal did not. The area encompassed by the lease line
within the residential portion of the site is 7.62 acres.
We understand from the Division of Protection, that any lease
having a duration longer than three years and creating a parcel
less than ten acres in size, under the Environmental Protection
Rules, requires a subdivision permit. We understand from the
applicants, that the proposed lease for the residential units, will
be longer than three years. Since the area encompassed by the
lease line is less than ten acres, a subdivision permit from the
Protection Division is required.
Within the proposed "commercial" lot, the total area is 11.48
acres. However, there are two existing lease areas within this
proposed commercial lot. One lease area totalling 1.16 acres is
occupied by McDonald's Corp.; the other area totalling 0.79 acres
Design 0 Inspection 0 Studies • Permitting 0 Surveying
Ms. Faith Ingulsrud
File: 88047
28 December 1992
Page -2-
is occupied by the movie theater. Both lease areas are permitted
under EC-4-1650 and 4C0877-2. It is the position of the Protection
Division that the combined acreage of the two lease areas is
removed from the total area occupied by the commercial lot.
Therefore, subtracting the total lease area (1.95 acres), from the
proposed total lot area (11.48 acres), creates a residual non
leased area of 9.53 acres. This residual non lease area (9.53
acres) required a subdivision permit.
The Protection Division had also required some design modifications
to the sanitary sewer system prior to issuance of a permit, and
have enclosed copies of the revised design drawings for your
records.
We hope this letter adequately explains the modifications and
design revisions of the plans to the Commission. However, should
clarification be required, please contact us at your earliest
convenience.
Sincerely,
FITZPA�T/IRIC/K--LLEWEELLYN INCORPORATED
Charles Van Winkle
Project Manager
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
Certificate of Service
I certify that I, Charles Van Winkle, consultant for the
applicant's, sent a copy of the foregoing letter and revised plans,
by U.S. Mail, postage paid, or hand delivered as noted, to the
following:
John Larkin
410 Shelburne Road
South Burlington, VT 05403
Gerald Milot
P.O. Box 4193
South Burlington, VT 05403
James Fayette
1930 Shelburne Road
Shelburne, VT 05482
Margaret Picard, City Clerk
Chair, City Council *
Joe Weith, City Planner
City Of South Burlington
575 Dorset Street
South Burlington, VT 05403
Chittenden County Regional Planning Commission
P.O. Box 108
Essex Junction, VT 05453
Kurt Janson, Land Use Attorney
Agency Of Natural Resources
103 South Main Street, 2 Center
Waterbury, VT 05676
Dated at Williston, VT, this 28 day of December 1992
* Delivered via messenger
Charles Van Winkle
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
SOUTHLAND CORP.
1
z
TOTAL RESIDENTIAL AREA
y, 960,062 sq. ft.
a 22.04 acres
A
m`
� 1
1
i
N/F 1 1
STATE OF VERMONT
OWNER/LESSOR
VERMONT RAILWAY z 11
LESSEE o
m
p 1
o _ 1A
0 1
1 1
1 1
City of So. Burlington
i
i
l00' R.O.W. TO BE ,-
DEDICATED TO CITY
EASEMENT TO
FARRELL------
LEGEND
PERIMETER PROPERTY LINE
-- - — --- R.O.W. / EASEMENT LINE
EDGE OF PAVEMENT
N 7I'28 3' W I
PROVIDE 6U'
EASEMENT TO BE
DEDICATED TO CITY
GRAPHIC SCALE
r M z 1
( e+ rEET
1 men " IOO fL
1APPROX I
RETAIL / COMMERCIAL
DEVELOPMENT
S 71' 22' 42" E
188.60,
i --- S 71' 22' 42" E
{II 11.50'
—5 18' 36'04"W
-1
1 125.00'
LOCUS
NOTES "rs
1. OWNER OF RECORD: JAMES FAYET7E
1930 SHELBURNE ROAD
SHELBURNE, VERMONT 05482
2. APPLICANTS G£RALD MILOT 8 ✓OHN LARKIN
P.O. BOX 4193
BURLINGTON, VERMONT 05402
J. ZONED: COMMERCIAL 1. CON01770NAL RESIDENTIAL USE PREVIOUSLY
APPROVED BY SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
4. TOTAL PARCEL AREA: JJ.SJ (+/-) ACRES
5. TOPOGRAPHY AND EXISTING FEATURES TAKEN FROM A PLAN ENTITLED
"L&M BUSINESS PARK SKETCH PLAN" BY DONALD L. HAMLIN, DATED
12118186, AND FROM INVES77GA7701VS PERFORMED BY THIS OFFICE.
PERIMETER PROPERTY LINE INFORMATION TAKEN FROM A PLAN
ENTITLED "L&W PARK #1175 SHELBURNE ROAD, SOUTH BURLINGTON,
VERMONT", DRAWING NUMBERS D 3723 AND D J849, DATED NOVEMBER
1990. LATEST REVISION FEBRUARY, 1991.
6. EXiSANG SANITARY SEWER LOCATON AND ELEVATIONS TAKEN FROM
DRAWINGS PROVIDED BY THE CITY OF SOUTH BURLINGTON
AND FROM INVESTIGATIONS PERFORMED BY THIS OFFICE. EXISTING
16' C.W.D. 7RANSA1SSION MAIN LOCATION BASED FROM INFORMATION
PROVIDED BY THE CITY OF SOUTH BURLINGTON WATER DEPARTMENT.
ALL LOCATIONS MUST BE FIELD VERIFIED PRIOR TO CONSTRUCTION.
7. L0CA77ON AND W107H OF ANACIPATED HIGHWAY RIGHT-OF-WAY SHOWN
AS DESCRIBED BY THE CITY OF SOUTH BURLINGTON CITY PLANNER.
25' SETBACK FROM R.O.W. MAINTAINED AS 511PULATED BY PLANNER.
8. TOTAL MUL77-FAMILY UNITS ----------------
150
TOTAL NUMBER OF MULTI -FAMILY BUILDINGS
--- 5
TOTAL PARKING SPACES R£OU/RED ----- --JOB
PARKING SPACES BENEATH BUILDING -------135
OPEN PARKING SPACES PROVIDED-------209
TOTAL NUMBER OF PARKING SPACES PROVIDED
— 344
9. COMMERCIAL/RETAIL AREA AND BANK
20.000 +/- SO.FT. THEATER
2?,000 SOFT. RETAIL, 3100 SO FT RESTAURANT
PARKING SPACES PROVIDED - 393
10. EXISTING 61 UNIT HOTEL BUILDING
EXISTING PARKING SPACES PROVIDED— -----73