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Home My WebLink AboutBATCH - Supplemental - 0029 Birch StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: April 1, 2010 \drb\sub\Provost27Birch\Provost_27Birch_Final.doc Plans received: February 2, 2010 27 BIRCH STREET - PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION #SD-10-03 Meeting Date: April 6, 2010 Agenda # 4 Owner/Applicant Robert L. Provost 27 Birch Street South Burlington, VT 05407 Engineer Property Information Chesbrough Consulting, PC Tax Parcel 0230-00029 76 Ethan Allen Drive R4 District South Burlington, VT 05403 Location Map 4 Subject Property .t F C I CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\Provost 27Birch\27Birch Final.doc Robert Provost, hereafter referred to as the applicant, is seeking final plat approval for a planned unit development on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of: 1) adding an accessory residential unit to the existing single family dwelling, 2) adding a second single family dwelling, 27 Birch Street. The project was reviewed at sketch plan level on July 21, 2009 and for preliminary plat review on October 6, 2009. The project was again reviewed on March 2, 2010 (meeting minutes attached) and continued after the applicant acknowledged that the existing but yet unapproved accessory dwelling was two bedrooms and also that he, as the property owner, was not living in the principal dwelling unit. These two facts are in conflict with the state and local land development regulations pertaining to accessory dwelling units. The plans have not been changed since the last meeting. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on February 2, 2010 and have the following comments. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements R4 Zoning District Required Proposed �l Min. Lot Size 6,000 SF/unit .57 acres Max. Building Coverage 20% 19.5% Max. Overall Coverage 40% 37.3% # Min. Front Setback 30 ft. 24 ft. # Min. Side Setback 10 ft. 2 ft. _Min. Rear Setback 30 ft. 30 ft. �1 zoning compliance # pre-existing non-compliance; no new structures are proposed within setback limitations PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sub\Provost 2713irch\2713irch Final.doc According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed additional dwelling units. The South Burlington Water Department has reviewed the plans and provided comments in a memo dated February 10, 2010 (attached). 1. The applicant shall adhere to the comments of the South Burlington Water Department per the comments of February 10, 2010. Where necessary, the plans shall be revised. Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or provide a community wastewater system that is approved by the City and the State in any subdivision where off -lot wastewater is proposed. The developer is required to provide such pumping and other facilities as may be necessary. 2. The applicant shall obtain final wastewater capacity allocation from the Director of Planning and Zoning prior to issuance of a zoning permit. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 3. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The application proposes one additional single family dwelling unit and an accessory dwelling unit associated with the existing dwelling. The applicant will be required to pay the additional applicable traffic (and other applicable) impact fees for the new single family dwelling. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are no wetlands on the subject property. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. According to Section 4.03 of the South Burlington Land Development Regulations, the R4 District is formed to encourage residential use at moderate densities. This proposal is within density guidelines for the district and in compliance with this criterion. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. t CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\Provost 2713irch12713irch Final.doc The applicant has removed the in -ground swimming pool and much of the patio from the site and created a broad common space between the two principal dwellings. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. 4. Newly installed utility lines, services, and service modifications shall be underground. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. All proposed lighting must comply with Appendix D in the South Burlington Land Development Regulations. 5. All lighting fixtures shall be downcast and shielded. Flood lights are expressly prohibited. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed PUD is consistent with the South Burlington Comprehensive Plan. The Residential 4 District is formed to encourage residential use at moderate densities. This plan achieves this. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following_ general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Staff feels the proposed PUD accomplishes a desirable transition from structure to site and from structure to structure. The proposed PUD also provides for adequate planting and safe pedestrian movement. Each unit shall provide for a minimum of 2 parking spaces each; therefore, 6 parking spaces shall be shown on the plans. There are three garage spaces available as well as parking spaces for five vehicles outside of the garages. (a) Parking: (a) Parking shall be located to the rear or sides of buildings. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. t J CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sub\Provost 2713irch\2713irch Final.doc (i) [pertains to Americans with Disabilities Act] (ii) The parking area will serve a single or two-family home; As these are single-family homes, the parking is permitted to the front of the buildings. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. Staff feels the scale of the proposed building is compatible with the site. According to Section 3.07 of the South Burlington Land Development Regulations, the maximum height of the buildings in this PUD shall not exceed 40 feet. The existing building height is 26 feet. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Staff has already indicated that any newly installed utility lines, services, or service modifications shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The building has already been constructed: the southern portion is a recreational vehicle that has been made permanent. The northern portion was an approved accessory structure (garage). The proposal will connect the two. Drawings are attached. The applicant showed photographs at the previous hearings. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The building has already been constructed: the southern portion is a recreational vehicle that has been made permanent. The northern portion was an approved accessory structure (garage). The proposal will connect the two. Drawings are attached. The applicant showed photographs at previous hearings. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. There are no opportunities to provide access to abutting properties or to reduce curb cuts as part of this proposal. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 1drblsub\Provost 27Birch127Birch Final.doc Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already indicated that any newly installed utility lines, services, or service modifications shall be underground. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a residential property, the applicant has stated that trash storage will be kept in the interior of the buildings. Other The City Engineer has reviewed the plans and provided comments in a memo dated February 25, 2010 (attached). 6. The applicant shall adhere to the comments of the City Engineer. The plans shall be revised accordingly. The applicant should contact the post office and discuss the placement of mailboxes on the site. 7. if the postal service and/or the applicant decides to use a central postal receptacle area, this structure should be shown on the site plan. ACCESSORY RESIDENTIAL UNIT Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence or within an existing, permitted accessory structure may be permitted by the DRB in accordance with Article 14, Site Plan Review, and the following additional criteria: (a) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total habitable area of the single-family dwelling unit. Per testimony submitted by the applicant, the existing single family residence (along Birch Street) is 3008 square feet. The accessory apartment is proposed to be 881.5 square feet, or 29.3%. At the time of application, (b) The principal dwelling shall be owner occupied. At the time of application, the principal dwelling is not owner -occupied. This is in violation of the Land Development Regulations. The principal dwelling unit must be owner -occupied. 8. The principal dwelling unit shall be owner -occupied. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\Provost 2713irch\2713irch Final.doc (c) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by the issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the South Burlington Sewage Ordinance. (d) Two additional off-street parking spaces shall be provided on the same lot, either in a garage or a driveway, or not in any areas required to meet coverage limitations, or any front yard other than a driveway, required by these Regulations. The two principal structures and accessory structure require a total of six (6) parking spaces. Staff has already noted that this is being adequately met. (e) A zoning permit shall be required for the accessory residential unit. 9. The applicant shall obtain a zoning permit from the Administrative Officer for the accessory residential unit. The accessory dwelling unit shall be limited to one bedroom. At the time of application, the applicant has stated that there are two bedrooms in the proposed accessory dwelling unit. The accessory dwelling unit shall be limited to one bedroom. This must corrected before a zoning permit is issued. 10. The accessory dwelling unit shall be limited to one bedroom. OTHER - The survey plat shows an old property line drawn which roughly separates the property into two lots, labeled there as Lot #46 and Lot #47. This subdivision line no longer exits as the lots have been merged. The survey plat shall be revised accordingly. 11. The survey plat shall be revised to remove the line which indicates that the subject property is comprised of two lots. Staff recommends that the Board approve Final Plat application #10-03 subject to the conditions included herein. Respectfully submitted, i CAthyann Rose, Associate Planner Copy to: Robert Provost, Applicant stiff s PLANNING & ZONING September 12, 2017 Robert Provost 29 Birch Street South Burlington, VT 05403 Re: Final Plat Approval #SD-17-20 — 27-29 Birch Street Dear Mr. Provost: Enclosed, please find a copy of the Findings of Fact and Decision of the Development Review Board on the above referenced project, the hearing for which was closed on September 5, 2017 (effective date 09/08/2017). Please note the conditions of approval, including that the final plat plans must be recorded in the land records (in mylar format) within 180 days (must be submitted to this office in time for recording along with a $15 recording fee by March 7, 2018) or this approval is null and void. If you have any questions, please contact me. Sincerely, *-94— � � Marla Keene Development Review Planner Encl. CERTIFIED MAIL- RETURN RECEIPT: 7016 1370 0000 1412 0667 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com I WARD & BABE ATIORNEYS-AT-LAW 3069 WILLISTON ROAD BURLINGTON, VT 05403-6044 C'•,� Ainii?ii P2 5 12: , P n 00047793 ( V = 1406 PG: 294- 27-29 BIRCH STREET NOTICE OF CONDITIONS OF PLANNED UNIT DEVELOPMENT WHEREAS, Robert L. Provost is the owner of a parcel of land located at 27-29 Birch Street, South Burlington, Vermont (hereinafter the "Owner"); and WHEREAS, the Owner has obtained approval from the City of South Burlington Development Review Board by Findings of Fact and Decision on Final Plat Application #SD-17-20 dated September 8, 2017, for a planned unit development with a total of two (2) units, consisting of two (2) buildings with one (1) footprint unit in each building (the "Property"), as depicted on a plat entitled, "Plat of Lands of 27- 29 Birch Street Common Interest Community, South Burlington, Vermont", Sheets 1 of 2 and 2 of 2, dated April, 2017 and certified on December 4, 2017 by Richard W. Bell Land Surveying, Inc., and recorded at Map Slide !! of the City of South Burlington Land Records (the "Plat"). WHEREAS, the terms and conditions of the Development Review Board's approval impose certain conditions on the subject Property. NOW THEREFORE, the Owner hereby gives notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless and until modified or removed by the South Burlington Development Review Board or its successors: The Property shall be developed and used in accordance with the terms and conditions of the written decision of the City of South Burlington Development Review Board in Findings of Fact and Decision on Final Plat Application #SD-17-20 dated September 8, 2017. 2. The Property is and shall constitute a single parcel of land for purposes of compliance with City of South Burlington regulations and ordinances now in effect or hereafter amended or adopted, including zoning and subdivision regulations. The Owner covenants and agrees that for the purpose of compliance with an application of City of South Burlington ordinances and regulations, including zoning and subdivision regulations, the Property shall continue to be regarded as a single parcel of land, even if townhouse units located on such Property are conveyed to separate unit owners togetherwith an undivided interest in the common lands. 3. The proper party for the purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be the then owners of the Property or their duly authorized representatives. The City shall act upon any applications submitted by all of the owners of the Property or their duly authorized representatives, and shall not be required to resolve a dispute between the owners as to the respective rights of the owners. It shall be the Page 1 of 2 WARD & BABB ATTORNEYS -AT -LAW 3069 WILLISTON ROAD BURLINGTON, VT 05403-6044 duty of the owners to provide written notice of any such applications to all others having an interest in the Property that may be affected by the application proceedings of the commencement of such proceedings. 4. Any action to enforce any City ordinance or regulation, including zoning or subdivision regulations, against the Property or activities or events occurring on the Property shall be brought against the then owners of the Property or their duly authorized representatives. It shall be the duty of the owners of the Property or their duly authorized representatives to provide written notice to all others having an interest in the Propertythatmay be affected by the enforcement proceedings of the commencementof such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the then owners of the Property. 5. This Notice of Conditions shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying the Property or an interest in the Property. 6. This Notice of Conditions shall be binding upon the Owner and the Owner's heirs, successors and assigns. 7. Any changes to the Plat shall require approval of the Development Review Board or its successor. Dated at South Burlington, Vermont this ZW day of December, 2017. 0,7 :�Z, : - Robert L. Provost STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County and State, this 7?/&" ay of December, 2017, personally appeared Robert L. Provost, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, otary Public My Commission Expires: 2/10/2019 HAReaI Estate)Subdurtstows 21-29 Birch Strew (Procosi)- N3611-17Notice or Conditions-PhmedUmtDzcelopment wpd F W"C M T Page 2 of 2 END dpw FAI southh u 0 i i i ai PLANNING & ZONING Permit Number SD- 1-1 - W (office use only) APPLICATION FOR SUBDIVISION PLAT REVIEW ❑Preliminary EZIFinal PUD Being Requested? DYes ❑✓ No All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1. O ER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #) 2. LOCATION OF LAST RECORDED DEED (Book and page 3. APPLICANT (Name, mailing address, phone and fax#) 4. CONTACT . PERSON (Name, mailing address, phone and fax #) a. Contact email address: /COL. &YW . 5. PROJECT STREET ADDRESS: 6. TAX PARCEL ID # (can be obtained at Assessor's Office) Otl�3 ._ © OQZ7 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 7. PROJECT DESCRIPTION a. General Frpject Description jdescribe what you are proposing): /I at -, Aral ,. A-( o: a a 1-.-/ /1 Kt (Cl— T91>1 Wt`A"V (t 1 b. Existing Uses on Property (including description and size of each separate use): c. Proposed Uses on property (include Oescription and size of each new use and existing uses to remain): U u d. Total building square footage on property (proposed buildings and existing buildings to remain): !49ZgsF. e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): 261 f f. Number of residential units (if applicable, new units and existing units to remain): g. Number of employees (exist' g and proposed, note office versus non -office employees): h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): i. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. 2 Subdivision Application Form. Rev 12-2011 r 8. LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a. Size of Parcel: ck4w5 (acres /sq. ft.) b. Building Coverage: Existing i _ square feet % Proposed D— square feet % c. Overall Coverage (building, parking, outside storage, etc): t1AExisting Jsquare feet if % AA Proposed V square feet % d. Front Yard Coverage(s) (commercial projects only): Existing square feet N % Proposed square feet % 9. WETLAND INFORMATION a. Are there any wetlands (Class I, II, or III) on the subject property? ❑ Yes 6No b. If yes, is the proposed development encroachin into any of these wetlands associated 50' buffers (describe) c. If yes, please submit the following with this application: 1. A site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's wetland map. 2. Response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria) 10. AREA DISTURBED DURING CONSTRUCTION: Nke, SQ. FT. * *Projects disturbing more than one (1) acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one (1) acre require a permit from the Vermont Department of Environmental Conservation. Subdivision Application Form. Rev 12-2011 11. COST ESTIMATES a. Building (including interior renovations): $ b. Landscaping: $ (Please submit itemized list of landscaping proposed) c. Other site improvements (please list with cost) 12. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): 13. PEAK HOURS OF OPERATION: 14. PEAK DAYS OF OPERATION: 15. ESTIMATED PROJECT COMPLETION DATE: 0 16. PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application. See the ity a schedule for details. Atin A* NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. Subdivision Application Form. Rev. 12-2011 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. &i-,ZL SIGNATURE 6F APPLICANT SIGNATURE OF PROPER" OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: Complete Incomplete Admi f (-- C,2�-5, . PRINT NA 8/-4/44Q-3 The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. 5 Subdivision Application Form. Rev 12-2011 CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this JA day of '� 20_, a copy of the foregoing public � notice for'T1k4(�r,, �; [type of appli tion] # SD-i1-- Zo [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) '6NU JAL. Dated at[town/city], Vermont, this _ _ day of Lgq,v4r , 20A_. Printed Name: — ctas Phone number and email: - 7-" 5� 93 Signature: Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 ✓ " 1.1 T.27A § 1-105 COMMON INTEREST OWNERSHIP Art. 1 Art. 1 under this Act may impose real estate taxes on common interest community units which reflect the fair market value of those units in the same way that the jurisdiction taxes other forms of real estate. 8. Questions have arisen regarding the consequences of foreclosure of a tax lien on units or development rights in a common interest community. Under one theory, because real estate taxes are liens on real estate which have priority over all subordinate interests, foreclosure of the real estate tax lien on a unit could result in partial termination of the common interest community, and thus remove the unit from the common interest community. This result would follow if the tax lien were treated under Section 2-118(1) as a "lien ... against a portion of the real estate comprising the common interest community [which] has priority over the declaration ...." Such a result, however, is inconsistent with the expectations of other unit owners in the ,,,amplex. The appropriate result is that because, under this section, each parcel of real estate is a separate parcel for tax purposes, foreclosure of a tax lien on that parcel simply results in a sale or transfer of an interest in that parcel, as part of the common interest community, unless the parcel being foreclosed is withdrawable real estate. 9. It is also possible that a taxing authority may seek to foreclose on a declarant's development rights. Foreclosure of real estate taxes levied against withdraw -able real estate, just as in the case of a foreclosure by a voluntary lienholder, may result in removal of that real estate from the common interest community; see Section 2-118(k). However; foreclosure of real estate owned by the declarant which has not yet been added to the common interest community will have no effect on the common interest community unless the taxing authority also acquires the development right to add that real estate to the common interest community. 10. Under Section 3-104(c), of course, foreclosure of a tax lien for unpaid taxes levied against development rights would permit the taxing authority to take title to those development rights and exercise or transfer them as they could any other interest in real estate. However, development rights lapse pursuant to Section 2-110 if they are not exercised within the time limit established by the declaration. This result, implicit under the act, is expressly the law in some States. See, e.g., Conn. Gen. Stat. Section 47-229(e). If development right, lapse when a tax lien against those rights exists under Section 1-105(c), then whether or not those development rights apply to common elements which have previously been added to the common interest community makes no difference; the municipal lien holder is in no different \ position than a lender who holds a security interest in those development rights. Accordingly, while the tax lien itself would not be enforceable against the land it would continue to be the obligation of the declarant, as provided in the last clause of this subsection. § 1-106. Local ordinances, regulations, and building codes (a) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership. (b) No zoning, building codes, subdivision ordinance, or other real (c) Except as provided in subsections (a) and (b) of this section, no provision of this title invalidates or modifies any provision of any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation. GENERAL PROVISIONS T.27A § 1-106 Historical Citation Added 1997, No. 104 (Adj. Se,s.), § 3, eff. Jan. 1, 1999. OFFICIAL COMMENT 1. The purpose of this seeetien is to resohe the relative roi¢e of the state and local communities is the ereetws of ©DOWWW ia0etest a ties. The underlying concept is to make clear that the municipality has a legitimate interest in regulating the use of real estate, in accordance with long established zoning, building code, and similar practices, and that such practices continue to have equal applicability to common interest communities as they do to purely rental projects. WUh respeet to forms of ownership, however, this Aett as a state enactment, preempts the field and aecordin$ft except as provided in the AEL the L. Uon:istent with the concept described in Comment 1, subsection (a) prohibits discrimi- natory application of building codes against common interest communities by local law making authorities. Thta, if a building code imposesg a requirement which cannot be met if property is owned as a common interest community but which N%vuld not be violated: if all of the property-constitating the common interest community were owned by a single owner, this section makes it unhmfal to apply that requirement or restriction to the common interest community. For example, in the rase of a high-rise apartment building, if a building code requirement imposing a minimum fire wall rating between apartments would not prevent a rental apartment building from being built, this Act would override any requirement that might impose a higher fire wall rating between apartments merely because the same building might be owned as a common interest community. 3. ii'lrile subsection (a) prevents discrimination against al] forms of common interest communities under building codes, subsection (b) does not prevent local law making authorities from using zoning, subdivision, and other real estate regulations to specifically regulate the planned community form of ownership, in ways different from rental project, or condominiums. This distinction simply recognizes the existing practice in some communities that permits a local zoning board, as a condition of granting a cluster housing zoning permit, to require the right of prior plan approval. However, such reov}ations MM not be used to proscribe the condominium or cooperative foenrof awnrersieim orto disCreesarate againstthese two types of common interest communitie& dceordingt%; a community could not prevent a condominium conversion by applying setback requirements between apartments which would not apply if all the apartments were owned by a single owner, or by requiring more pal -king for condominiums than for rental apartments. 4. Subsection (c) makes clear that, except for the prohibition on discrimination against common interest communities under building codes, and except for the prohibition on the use of zoning, subdiyi,,ion, and other real estate laws, ordinances, or regulations to ban or di -,criminate against cooperatives and condominiums, the act has no effect on real estate or personal property laws. For example, a particular- parcel of real estate submitted to the common interest community orm o owner ttsat,a�€i rs ev€estate is required to support a pro ensity units or to satisfy minimum require- Menrequire- Ments. Under this Act, part of a su inrtteci restate might be subject to a development right entitling the declarant to wr aw• it from the connnon interesi community, but the mere ownership. If a declarant or foreclosing lender at a later time sought to exercise the option to withdraw the real estate, however, withdrawal would constitute a subdivision and would be illegal if the effect of withdrawal would be to violate setback requirements, or to exceed the density of units permitted on the remaining parcel. 200 201 R NOTICE OF CONDITIONS OF SUBDIVISION APPROVAL WHEREAS, 26 McMullen Road, LLC, a Vermont limited liability company with its principal place of business in South Burlington, Vermont, (hereinafter the "Owner"), is the owner of certain property known as "North Gardens Lane" consisting of six (6) lots, located on 2.7 acres of land, more or less, located at 26 McMullen Road in the Town of Milton, Vermont; and; WHEREAS, the Owner obtained approval from the Milton Development Review Board for a subdivision consisting of a lot that includes area labeled as Lots 1 through 6 as shown on a plan of land entitled, "Subdivision of Lands of Francis and North, McMullen Road, Milton, Vermont" prepared by Richard W. Bell Land Surveying, Inc., dated September 2013, last revised October 28, 2014 and recorded in Map Slide of the Town of Milton Land Records by a Notice of Decision of the Development Review Board dated December 13, 2013, as revised March 27, 2014 and October 23, 2014; and WHEREAS, Lot 1 as depicted on the above referenced plan of land was conveyed out by the Owner by Warranty Deed dated August 12, 2014 and recorded in Volume 448 at Page 426 of the Town of Milton Land Records, and therefore Lot 1 is not bound by this Notice of Conditions of Subdivision Approval as it is no longer owned or controlled by the Owner; and WHEREAS, the Owner obtained approval from the Milton Development Review Board for a two (2) lot subdivision of Lot 3 and a two (2) lot subdivision of Lot 6 to create "footprint lots" on said Lot 3 and Lot 6, as shown on a plan entitled, 1 3 "Declaration of Common Interest Community, Units 101-102, 301-302 North Gardens Lane, Milton, Vermont" prepared by Richard W. Bell Land Surveying, Inc., dated October, 2016 (the "Plat") and to be recorded in Map Slide of the Town of Milton Land Records (the "Property") by Notice of Decision, Case DRB 2016-36 dated October 27, 2016 (the "DRB Approval"); and WHEREAS, the terms and conditions of the DRB Approval impose certain conditions on the Property; NOW THEREFORE, the Owner hereby gives notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the Property unless or until modified or removed by the Milton Development Review Board or its successor: 1. The Property shall be developed and used in accordance with the terms and conditions of the DRB Approval and any amendments thereto. 2. For purposes of compliance with the Milton Zoning Regulations now in effect or hereafter amended or adopted, including zoning and subdivision regulations, any and all "footprint lots" contained within each of Lot 3 and Lot 6 as depicted on the above referenced Plat, shall be considered one (1) lot on each of Lot 3 and Lot 6 for planning and zoning purposes (i.e. for coverage and dimensional requirements), and said Lot 3 and Lot 6 shall continue to be regarded as a single parcel of land even if the "footprint lots" are conveyed to separate owners pursuant to 27A V.S.A. § 1-106(b) or otherwise. 2 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 or to any one of the "footprint lots" as separate and apart from the other "footprint lots" within Lot 3 and Lot 6 provided that the Owner or its successors or assigns seeks Development Review Board approval for any subsequent subdivision of the "footprint lots" pursuant to the Milton Zoning Regulations, if applicable. 4. The proper party for the purposes of submitting applications for approval from time to time under Town ordinances and regulations, including zoning and subdivision regulations, shall be the then owners of the "footprint lots" or their duly authorized representatives. The Town shall act upon any applications submitted by all owners of the "footprint lots" or their duly authorized representatives and shall not be required to resolve a dispute between the owners of the "footprint lots" as to the respective rights of the owners of the "footprint lots." It shall be the duty of the owners of the "footprint lots" to provide written notice of any such applications to all others having an interest that may be affected by the application proceedings or the commencement of such proceedings. 5. Any action to enforce any Town ordinance or regulation, including zoning and subdivision regulations, or activities or events occurring on the "footprint lots" shall be brought against the then -owners of the "footprint lots" or their duly authorized representatives. It shall be the duty of the owners of the "footprint lots," or their duly authorized representatives, to provide written notice to 3 r C all others having an interest in the "footprint lots" that may be affected by the enforcement proceedings or the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the Town's sole discretion against the then owners of the "footprint lots." 6. All previous approvals and stipulations shall remain in full effect except as amended herein. 7. This project shall be completed as shown on the Plat and in accordance with the terms and conditions of the DRB Approval. 8. Any changes to the Plat shall require approval of the Milton Development Review Board. 9. This Notice of Conditions shall be recorded in the Milton Land Records and shall be referred to in any deed conveying the Property, any of the Property's constituent lots, or an interest in the Property, or in any deed for the Property's constituent lots. 10. This Notice of Conditions shall be binding upon the Owner and the Owner's successors and assigns. Dated at South Burlington, Vermont, this day of November, 2016. 26 McMullen Road, LLC By Robert L. Provost, its Member and Duly authorized agent 4 STATE OF VERMONT COUNTY OF CHITTENDEN, ss: At South Burlington, in said County and State, on this day of November, 2016, Robert L. Provost, Member and Duly Authorized Agent for 26 McMullen Road, LLC, personally appeared, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed and the free act and deed of 26 McMullen Road, LLC. Before me, Notary Public My Commission Expires: 02/10/2019 H:\Real Estate\Subdivisions\North Gardens Lane - #411.16 (Provost)\Notice of Conditions of Subdivision Approval.docx peal of Lowe, 666 A.2d I t78 — CourtListen4 littps://www.co(Iistener.com/opinion12381521/appeal-of-lowe/ Sign in or register to save a favorite. (click to dismiss) Supreme Court of Vermont Filed: September 1st, 1995 Precedential Status: Precedential Citations: 666 A.2d 1178 Docket Number: 94-421 Judges: Gibson, Dooley, Morse and Johnson Nature of suit: Unknown 666 A.2d 1178 (1995) In re Appeal of Beverly LOWE, et al. (Town of Colchester, Appellant). No. 94-421. Supreme Court of Vermont. September 1, 1995. ,k 1179 Marsha Smith Meekins of Roesler, Whittlesey, Meekins & Amidon, Burlington, for appellant. Philip C. Linton and Robert H. Rushford of Linton & Hobson, Williston, for appellees. Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ. DOOLEY, Justice. The Town of Colchester appeals from the decision of the Chittenden Superior Court that Beverly and Debra Lowe (landowners) do not need a zoning or subdivision permit to convert rental camps on a lot near Lake Champlain to condominium ownership. The town argues that the permit is required by the town's subdivision ordinance and that the ordinance is valid. We affirm. The lot in question borders Lake Champlain and contains six single-family camps which have been rented in the past. The lot does not conform to current zoning requirements because it contains multiple structures, some of which are too close to the lot boundary. Landowners proposed to transfer legal title to each of the camps to purchasers, who would own a camp building and an undivided interest in the surrounding land. The lot would not be subdivided; no change in the camps or their use is proposed. The town subdivision regulations define subdivision to include "condominiums and cooperatives for the ,.r '7 9/7/2016 10:55 )eal of Lowe, 666 A.2d 1178 — CourtListener.( https://www.coL Iistener.com/opinion/2381521/appeal-of-uowet purpose, whether immediate or future, of sale." Based on these regulations, the Colchester zoning administrator decided that a subdivision permit was required before the condominium sale occurred, and this decision was upheld by the zoning board. On appeal, however, the superior court held the zoning enabling act did not grant the town the power to regulate a change in the form of ownership without physical constriction, alteration, or modification of the buildings or a change in use or occupancy. It rejected the town's argument that the change in title is necessarily a change in use. The Vermont Planning and Development Act authorizes a municipality to adopt both zoning and subdivision regulations, see 24 V.S.A. § 4401(b), but contains no definition of subdivision. The zoning authority of a municipality, however, extends to "land development" which is defined to include "the division of a parcel into two or more parcels." Id. § 4303(3). The town makes two arguments to support its contention that it has the authority to regulate condominium sales. First, the town argues that the absence of a statutory definition for "subdivision" gives the town discretion to interpret the word's scope and meaning. Second, the town argues that the definition of "land development," the requirement for zoning review, authorizes a municipality to regulate condominium sales. Landowners, on the other hand, argue that no permit, whether zoning or subdivision, is required in this instance. In addressing the town's first argument, we do not see controlling significance in the fact that this dispute arose as a ruling that a subdivision permit, rather than a zoning permit, was required. See Drumheller v Shelburne Zoning Bd., 155 Vt. 524, 527 n. 3, 586 A.2d 1150, 1151 n. 3 (1990). In ruling on a subdivision request, the planning commission may require that the subdivided plots "at least comply with the requirements [of the zoning ordinance]." 24 V.S.A. § 4417(2). The language suggests that the Legislature * 1180 did not intend that there be instances where a subdivision permit was required even though there are no applicable zoning requirements. See Vermont Agency of Transp. a Mazza, 161 Vt. 564, 565, 632 A.2d 363, 364-65 (1993) (mem.) (in construing statute, primary goal is to implement legislative intent). Nor would it make sense to require zoning review of a landowner's actions because it involves a subdivision but conclude that subdivision review is definitionally inapplicable. In view of the interrelationship of zoning and subdivision regulation, we believe that the concept of subdivision should be the same for either regulatory scheme. See Nash v. Warren Zoning Bd., 153 Vt. 108, 112, 569 A.2d 447, 450 (1989) (in statutory construction, look to whole statute, subject matter, effects and consequences); In re McCormick Management Co., 149 Vt. 585, 592, 547 A.2d 1319, 1324 (1988) (construe statutes that are part of same overall scheme in pari materia). For this reason, we reject the town's argument that the lack of a statutory definition for "subdivision" leaves a municipality free to define the term as it deems appropriate. I11 Rather than part of a coordinated whole, this would create inconsistencies in the zoning and subdivision power. We conclude instead that the Legislature's concept of a subdivision can be found within the definition of land development. Second, the town argues that the definition of land development is broad enough to authorize a municipality to regulate the conversion of rental units into condominium ownership. The argument is based on the full definition of land development: "Land development" means the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any change in the use of any building or other structure, or land, or extension of use of land. 24 V.S.A. § 4303(3). The town emphasizes the use of the term "conversion," because it is defined in the It _a ti 9/7/2016 10:55 Ppeat of Lowe, 666 A.2d 1178 — Courdlstenerr https://www.co�`\r 'istener.com/opiniorW2381521/appeal-of-lowed Vermont Protection of Tenants in Conversion of Rental Units Act as "a change in character of residential real property from a rental to an ownership basis." 27 V.S.A. § 1331(2). It argues that because a condominium conversion triggers zoning review under the definition, it should be treated as a subdivision. In approaching this question, we have looked at the many cases from other states which support the trial court's conclusion here. Although some states have addressed the issue in their subdivision law, see, e.g., Cohen a Town of Henniker, 134 N.H. 425, 593 A.2d 1145, 1147 (1991) (statute defines condominium creation as subdivision); Ohio Mall Contractors, Inc. v Dickinson, 65 Ohio App.3d 806, 585 N.E.2d 506, 508 (1990) (statute provides that transfer of condominium ownership is not subdivision), the overwhelming majority of decisions conclude that in the absence of a specific statute, no zoning or subdivision permit is required to establish condominium ownership of rental property. See City of Miami Beach v. Arlen King Cole Condominium Assn, 302 So. 2d 777, 779 (Fla. Dist.Ct.App.1974) (no zoning permit required to convert hotel -apartment, a nonconforming use, to condominium ownership); McHenry State Bank v. City of McHenry, 113 Ill. App. 3d 82, 68111. Dec. 615,446 N.E.2d 521, 524 (1983) (municipality may not use zoning power to prevent condominium conversion); CHR Gen., Inc. v. City of Newton, 387 Mass. 351, 439 N.E.2d 788, 791 (1982) (local condominium conversion ordinance is not valid exercise of zoning power because statutory zoning power is restricted to regulating use of property rather than ownership); Town of York v. Cragin, 541 A.2d 932, 934 (Me.1988) (conversion of rental properties into condominium ownership is not subdivision for purposes of statute authorizing subdivision regulation); Supervisor a Chase Assocs., 306 Md. 568, 510 A.2d 568, 571-72 (1986) (filing condominium declaration is not subdivision under land use laws); Maplewood Village Tenants Assn v. Maplewood Village, 116 N.J.Super. 372, 282 A.2d 428, 431 (Ch.Div. 1971) (condominium conversion does not require * 1181 subdivision permit because it is "nothing more than a change in the form of ownership" and "use of the land will not be affected"); Graham Court Assocs. a Town Council of Chapel Hill, 53 N.C.App. 543, 281 S.E.2d 418, 420 (1981) (change in apartments from tenant rental to condominium ownership does not require zoning permit even though apartment is nonconforming use); McConnell v Wilson, 543 A.2d 2499 251 (R.I. 1988) (conversion of lot into parking condominium is "a mere change in the form of its ownership and not a subdivision of land"); Baker v Town of Sullivan's Island, 279 S.C. 581, 310 S.E.2d 433, 436 (Ct.App.1983) (conversion of apartment building to condominium ownership is change in form of ownership that does not require zoning permit).121 These decisions are generally based on the reasoning that the conversion from rental property to condominium ownership is a change of ownership and not a change of use, and thus, is beyond the scope of zoning regulation. We recently adopted this reasoning in Vermont Baptist Convention a Burlington Zoning Board, 159 Vt. 28, 30-31, 613 A.2d 710, 711 (1992), where the zoning board had determined that a transfer of a church's office property to a business was a change in use even though the actual use of the property would not change in the transfer. We ruled: The Zoning Board's position would allow the zoning ordinance to be construed as permitting regulation of property based on the identity of the owner, not the use of land. This result is inconsistent with the Legislature's grant of authority to adopt zoning regulations.... [The] enumeration of power [in 24 V.S.A. § 44011 refers only to uses and structures, not the identity of the owner.... A distinction based upon the identity of the owner rather than the public health, safety, morals, or general welfare would be invalid. Id. at 30-31, 613 A.2d at 711(citations omitted). Vermont Baptist Convention rejects the argument the town made to the trial court that a change in the form of ownership was a change in use. Further, we agree with the decisions from other states that the transfer of rental units into condominium ownership is not generally a land development that triggers �, . f 7 9/7/2016 10:55 ippeal of Lowe, 666 A.2d 1178 — Courd istenT 'm https://www.cf---rlistener.com/opinion/2381521/appeal-of-low either zoning or subdivision regulation. We also conclude that the use of the word "conversion" in the Legislature's definition of land development does not change this reasoning. The definition was created in 1968, see 1967, No. 334 (Adj.Sess.), § 1, almost two decades before the Legislature defined "conversion" in protecting rental property tenants. See 1985, No. 175 (Adj.Sess.), § 5 (adding 27 V.S.A. § 1331(2)). The term was far less likely at that time to refer to the transfer of a condominium interest in former rental property. Three other reasons suggest rejection of the town's interpretation of the term "conversion." First, it appears in a list of actions that relate to the nature of the structures on the land and their use and not to ownership. Interpreting it to refer to ownership is inconsistent with the statutory construction rule of ejusdem generis which requires that general words be construed in a manner consistent with enumerated words. See Vermont Baptist Convention, 159 Vt. at 30, 613 A.2d at 711. Second, the town's interpretation makes the enabling statute internally inconsistent because, as held in Vermont Baptist Convention, the "enumeration of powers refers only to uses and structures." Id. at 31, 613 A.2d at 711. The definition the town seeks would be broader than the specific enumeration of zoning powers. Finally, if the Legislature intended that conversion refer to changes in ownership, the term is misplaced in the section. Rather than being placed among synonyms for physical alteration, it should be placed as an * 1182 exception or addition to the part of the definition covering "division of a parcel into two or more parcels." We conclude that the term "conversion" refers to physical alteration or use and not to forms of ownership. The statutory power of a municipality to regulate zoning or subdivision does not extend to changes in form of ownership only. See In re White, 155 Vt. 612, 618, 587 _,V z 92n, 931 (1990) (town's zoning authority must be "in accordance with, and subject to" terms of zoning -enabling statutes). Accordingly, the Town of Colchester may not require subdivision review of a transfer of interests in rental property for condominium ownership without finding that the actual use of the property is affected. Affirmed. NOTES [ 1 ] Landowners argue that the town's statutory arguments were not raised in their present form below and cannot be so raised here. We conclude that they were adequately raised below. [2] The town argues that we should distinguish these cases because of differences in the statutory scheme involved, especially where the court relies on statutes prohibiting discrimination against condominium ownership. This argument can always be made about land use decisions because of the great variation in the statutory schemes adopted by the states. We rely on decisions from other states, however, because of their reasoning which we find instructive in approaching the issue before us. About Visualizations FM Tour Donate of 7 9/7/2016 10:55 A l ray From: Sent: To: Subject: Ray, Please withdraw my application. Thank You Robert Provost bprol251@aol.com Robert Provost <bpro1251@aol.com> Wednesday, August 27, 2014 8:59 AM ray Re: Abutter Notice -27-29 Birch Street Project -----Original Message ----- From: ray <ray@sburl.com> To: Robert Provost <bprol251@aol.com> Sent: Wed, Aug 27, 2014 8:04 am Subject: RE: Abutter Notice -27-29 Birch Street Project :.. I need to know ASAP if you are going to withdraw or not. We have to prepare for next week's meeting and if we start writing staff notes to the DRB before we receive your request for withdrawal, you may not get a refund since we will have expended funds reviewing and writing comments on your application. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Robert Provost fmailto:bPro1251(cD_aol.com] Sent: Tuesday, August 26, 2014 9:48 AM To: ray Subject: Re: Abutter Notice -27-29 Birch Street Project Can I ask for a waiver ? What are my chances ? Robert Provost bprol251(a)aol.com -----Original Message ----- From: ray <ray(d)sburl.com> To: Robert Provost <bprol251 C@_aol.com> Sent: Tue, Aug 26, 2014 9:39 am Subject: RE: Abutter Notice -27-29 Birch Street Project :•. A ROW is not the same as road frontage. If your lot was not in a zoning district that required road frontage, the lot could be served by a ROW of at least 20 ft. in width. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sboathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Robert Provost [mailto:bpro1251(a--)aol.com] Sent: Monday, August 25, 2014 4:53 PM To: ray Subject: Re: Abutter Notice -27-29 Birch Street Project Ray . When I was in you said I needed a 20 row. Is it now a requirement that a 50 foot frontage is reqd? Where did the 20' come from. Can you check before I withdraw? Thanks, Bob Robert Provost bpro1251(cD_aol. com -----Original Message ----- From: ray <rayCa)_sburl.com> To: BPro1251 <BPro1251 CcDaol.com> Sent: Wed, Aug 20, 2014 9:25 am Subject: Abutter Notice -27-29 Birch Street Project :.. Attached, please find the draft agenda for the September 2nd DRB meeting and a cover letter for you to mail via regular mail to all the abutting landowners, including those across the street. Please mail these letters by the end of the day on August 22nd and then submit a Certificate of Service back to me which you can download at www.sburl.com/permits Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainabilitv.com CI Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this ZZ day of Afh r, 20-, a copy of the foregoing public notice for SuO-piaet-, [type of application] ON-Z� [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) p,v� �aisk 33 ,Bitc4, Sr. ZS /g,ruk si, �11A>�Gw Jst Jws;a eu2R y / -13 Dated at�d_ BCtL. [town/city], Vermont, this day of 6 F 20 lel. Printed Name: pg 2or/1►� i Phone number and email: 7ft - Signature: L A. Date: z.o� Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 southbuxli u ton PLANNING 5 ZONING Permit Number SD- - (office use only) APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in fall. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax#) Qd:,iON-q! 4. A.-Af got- 353e. 2) LOCATION OF LAST RECORDED DEED(S) (Book and page #) 7.0.3 ,v4 _ 3) APPLICANT (Name, mailing address, hone and fax #) 002 793 - 3 5 36 vi Ao 5& -f 71 cWx 4) APPLICANT'S LEGAL INTEREST. IN THE PROPERTY (fee simple, option, etc.) � �& sm%qk 5) CONTA�T PERSON (Name, mailing address, phone and fax #) col' 713 ' 353b 69l tr 4. A124mr. . A0_-&! T-T7g � 5a) CONTACT EMAIL ADDRESS &ft e Qal , (411a 6) PROJECT STREET ADDRESS: 2 2-_P��noG 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 40236 - "07-1 8) PROJECT DESCRIPTION a) General project description (explain what you want approval for): Shc�,�iurbp �wsr� ., .S7 A�i� i7.4�ce � 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com b) Existing Uses on Property (including description and size of each separate use) c) Proposed Uses on property_ (include description and size of each new use and existing uses to ;mam) �tF•fi n� 0 4.! -� / v 6 GL S ir e "OtAAk4►2,c• S �i/1 /�QS G d) Total building square footage on property (proposed buildings and existing buildings to remain) d1w _5' %lean - 13af r e) Proposed height of building (if applicable) 40y;r Zk* f) Number of residential units (if applicable, new units a exi t' is to remain) <a,P' _- SE a _4' Aae44a,.. 4nt-1 ( Aar- , <" . Exosr� 4 g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 9) LOT COVERAGE �'2a,, ►�- 3111 a) Building. Existing % Proposed h % b) Overall (building, parking, outside storage, etc) FRo.vf —Existing % Proposed % c) Front yard (along each street) Existing % Proposed % 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY ( covenants, leases, rights of way, etc.) a&gyr#-,p Adlet" /11 ru&t 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainagg, etc.) 2 Sketch Plan Application Form, Rev. 12-2011 12) ESTIMATED PROJECT COMPLETION DATE 5",X.,- 20/1 13) PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. The application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. (9 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. &.0- / . �,t- SIGNATURE OF APPLICANT /�� X. L� SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: 141 P / I have reviewed this sketch plan application and find it to be: Ld Complete ❑ Incomplete inistrative Officer The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Sketch Plan Application Form. Rev. 12-2011 r � , ' - ' , i .',s ^. �A,�M`�� `t •lam �.,�1', 'l `1 ..XL / i ,. 4 r ,. '�.m:.,s��` �j Page 1 of 1 Sub: 29A Birch _Q'` Date: 2%24%2V 14 4:04: 10 FP M Eastern Standard Time From: tfrancisCo)sburl.com To: Bpro1251(c_)aol com CC: ray(cDsburl.com Mr. Provost: I have review your previously approved project submittal, and find it compliant with the Fire Code in effect at the time of the building's construction. The State 911/Fire Code addressing criteria must be followed, as the building currently ask$ clearly visible house numbers as seen fr v�ii Birch St. DC Terence Francis, CFI Fire Marshal South Burlington Fire Department 575 Dorset St. S. Burlington, VT 05403 802-846-4134 Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regard€d as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. Monday, February 24, 2014 AOL: BPro1251 rr A NO �►ia southburlington PLANNING & ZONING April 2, 2012 Robert Provost 26 Birch Street So. Burlington, VT 05403 Re: Proposed Subdivision Dear Mr. Provost: Per your request, please be advised that the two (2) lot subdivision you are proposing for your 29 Birch Street property will not violate the Land Development Regulations or require a variance if the subdivision is approved by the City Council under the Interim Zoning bylaw and approved by the Development Review Board under the Land Development Regulations. Should you have any questions, please feel free to contact me. Sincerely, Ael!;� - Raymond 1. Belair Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com PHH 66Mortgage 941 A! to t4j& Credit Union Soludow 2001 Bishops Gate Boulevard Mt. Laurel NJ 08054 February 15, 2012 Robert L Provost 29 Birth St South Burlington VT 05403 Dear Customer(s): Tel 800-785-3291 Fax 856-917-8300 Loan Number: 0035316298 Property Address: 27 Birch St South Burlington VT 05403 This letter is in response to your request for one of the following changes to the land covered by your mortgage referenced by the loan number provided above: Partial Release of Land Easement Lot Line Adjustment we would appreciate your cooperation in providing the following documentation (as they apply) for our review: _ * A completed application signed by all borrowers (enclosed). ,[ tu� current survey of the entire property showing the proposed change. A me�es"an"ii"" iin description of any land released. Pe*p&-s4 �tJIS� a rai' sai—othe current property by a certified, license � ppr er; with an addendum reflecting the impact of the release to the property value. 1-00- A letter from the local zoning authority verifying that the change to the property doe vio a e any=6cal requirements or require a waiver of variance. )CIA" Partial Release A reement, Modification or Easement Agreement prepared by aT Irt rorney oritie Company (as they * Terms of the Easement (if applicable). * Evidence of clear title for any properties being added to the Mortgage. * A letter signed by all borrower(s) for any third parties, e.g. title companies, attorneys, etc., to discuss these matters. * Applicable fee (refer to fee schedule, page 2). Please mail all requested items to: Mortgage Service Center 2001 Bishops Gate Blvd. Mt. Laurel, NJ 08054 Attn: Special Loans Dept, SV13 Please be advised that the completion time for this request is approximately 30-45 business days. If you have any questions, please contact us at the phone number listed above, extension 16660. Sincerely, Special Loans Department Mortgage Service Center //SP021 PEV Log in to MortgageQuestions.cont --- your servicing website connection. J r southburhnoon PLANNING & ZONING IMPACT & PERMIT FEES WORK SHEET Zoning Permit @ $500/SFD OR $350/MF Unii OR @ $5/$1,000 Permit Recording Fee = $13.00 1p Sewer Allocation Fee #204 = bedrooms x 1� .d. x 9.20 ( ) �g p $ .L� Barlett Bay Plant: / Airport Parkway Plant: / Recreation Impact Fee (#220) jJoe?- 0` South Village Recreation Impact Fee (#24/3) / Road Impact Fee (#221) �l . �''( — Fire Protection Fee (#203) �SS ��. G `� 1/�,14, Dorset Street Waterline Fee (#230) Sewer Inspection Fee = $25.00 '�) 0 Sewer Inspection Recording Fee = $13.00 TOTAL ' Property Address: Property Owner: 575 Dorset Street South Burlington, VT 05403 tal 802.846.4106 fax 802.846.4101 www.sburl.com 07/27/2010 City of South Burlington Cash Receipts Page 4 of 6 04:45 pm Detail Cash Receipts Journal - by name donna 04/13/2005 to 04/13/2005 Customer Number Customer Name Date Operator Check k Deposit Code Description How paid Amount Number Comment ----------------------------------------------------------------------------------------------------- RICHARD LIBERTY 04/13/2005 MISSY 0.0 PHOT COPIES/SEARCH TIME Cash 0.50 NOTARY RICHIE 04/13/2005 TIFFANY 0.0 PHOT COPIES/SEARCH TIME Cash 4.00 2 VAULT 4 ASSESOR 1/2 HR ROBERT PROVOST 04/13/2005 DONNA 1632 ZPM05-086 27-29 BIRCH ST 04/13/2005 DONNA 1632 ZPY05-086 27-29 BIRCH ST 04/13/2005 DONNA 1632 ZPY05-086 27-29 BIRCH ST 04/13/2005 DONNA 1632 ZPk05-086 27-29 BIRCH ST 04/13/2005 DONNA 1632 ZP805-086 27-29 BIRCH ST 04/13/2005 DONNA 1632 ZPN05-086 27-29 BIRCH ST 04/13/2005 DONNA 1632 ZP#05-086 27-29 BIRCH ST 04/13/2005 DONNA 1632 ZPM05-086 27-29 BIRCH ST SPORTS i FITNESS 04/13/2005 DONNA 78138 COM05-17 142 W TWIN OAKS 04/13/2005 DONNA 78138 CO$05-17 142 W TWIN OAKS 04/13/2005 DONNA 78138 COBO5-17 142 W TWIN OAKS 04/13/2005 DONNA 78138 CON05-17 142 W TWIN OAKS STACEY G CHRISTOPHER HEAL 04/13/2005 HARRIET 4602 CCN-05-077/ 225 JUNIPER DRIVE 04/13/2005 HARRIET 4602 CC#-05-077/ 225 JUNIPER DRIVE 04/13/2005 HARRIET 4602 CC$-05-077/ 225 JUNIPER DRIVE state of vt 04/13/2005 donna 911701 04/13/2005 donna 911703 04/13/2005 donna 911702 STEPHANIE 04/13/2005 TIFFANY 1130 6 COPIES 0.0 ZP1 Zoning Permit-bianc Check 3.00 0.0 ZP2 Zoning Permit-recor Check 6.00 0.0 ZP3 Zoning permit-resto Check 1.00 0.0 ZP4 ZONING Check 350.00 0.0 222 School Impact Fee Check 1,534.04 0748.05 0.0 220 Recreation Impact F Check 11061 0.0 221 Highway Impact Fees Check 1 ?0 81.81 0.0 203 Fire Impact Fees Check '1 PJJ `� J 113.68 Customer Total 2,837.58 0.0 CO1 C OF OCCUPANCY-BIAN Check 3.00 0.0 CO2 C OF OCCUPANCY-RECO Check 6.00 0.0 CO3 C OF OCCUPANCY -REST Check 1.00 0.0 C04 C OF OCCUPANCY -PLAN Check 50.00 Customer Total 60.00 0.0 CC1 Cart of compliance- Check 18.00 0.0 CC2 Cart of compliance- Check 6.00 0.0 CC3 Cart of compliance- Check 1.00 Customer Total 25.00 0.0 DEDU POLICE - REPAIRS&M Check 185.22 0.0 DEDU POLICE - REPAIRSiMA Check 482.26 0.0 DEDU POLICE - REPAIRSQ4k Check 135.25 Customer Total 802.73 0.0 PHOT COPIES/SEARCH TIME Check 6.00 DEVELOPMENT REVIEW BOARD 6 APRIL 2010 PAGE 2 Properties, LLC, until 4 May 2010. Mr. Farley seconded. Motion passed unanimously. 4. ontinued Final Plat Application #SD-10-03 of Robert L. Provost for a planne unit development on a 0.57 acre parcel developed with a single-family dwelling. The proposal consists of: 1) adding an accessory residential unit to the existing single family dwelling, and 2) adding second single family dwelling, 27 Birch Street: Mr. Provost noted there was an issue regarding occupancy of the unit. He noted it is currently approved as a duplex. He showed the existing permit. He said the front structure will become a single family home with an accessory apartment. Mr. Dinklage said the apartment is limited to one bedroom, and it is shown with 2 bedrooms. He cited the Board's dilemma: the city used to have tight controls over accessory apartment but state law took away that control. However, even state laws were not intended to circumvent the laws to allow for a duplex. He said he would be hard- pressed to approve an "accessory unit" of this sort. He felt it would also set a bad example. Mr. Provost said his alternative is to convert the back to a single family home or to eliminate a bedroom. He indicated he has asked the Planning Commission to consider changes to the regulations. Mr. Stuono asked if this application was a misapplication of PUD standards. Mr. Belair said there is no longer a minimum acreage required for a PUD. Mr. Stuono asked if anyone can put multi structures on a lot if they can meet setback and density requirements and the Board cannot exercise discretion. Mr. Belair said the Board has no way to deny it. Mr. Stuono said he would like a legal interpretation of this. Mr. Belair noted that stipulation # 10 requires that the main part of the house be owner occupied. Ms. Quimby moved to approve Final Plat Application #SD-10-03 of Robert L. Provost subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed 5-1 with Mr. Stuono opposing. 5. Site Plan Application #SP-10-19 of City of Burlington/Burlington International Airport to implement the following improvements: 1) resurface runway 15-33, 2) reconstruct taxiway "H," and 3) improve the intersection of runways 15-33 and 1-19, 1200 Airport Drive: Mr. Leinwohl said they will resurface the main runway. He added that no work will be done outside of the runway complex. No issues were raised. O'Sq'i SouthhurrIn on VF R M 0 N7 Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five wor in days. 24 V.S.A. § 4471(c). HEARING DATE: �d PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREST "A Ina OVM v'4k 5 0r,`/� S /►� c.�� 1 t� �jPF r C(c o �- V7-' car " S'I py' S 25 41GLR 4AO< 1�-R(✓r-- �-S' :-F Interested Persons Record and Service List southbudIngto . 1 DNT Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: PLEASE PRINT CLEARLY! NAME 0 MAILING ADDRESS PROJECT OF INTEREST �('�?/Y ,J �tfi�iTJtSJ`C-S � GSA L � �,� , ,,ilj �At,�C►�'t �'ir�ra 7J �'� V-751V k OL) Read% toe- 5Y I A ON �q Interested Persons Record and Service List southhu rfington LEEAM D Vt Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V,S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREST �Co E-y} ew t icy (T r}1 l.v -- �� U� 3)7"—h 1 O,lk e% I vrz Jbo 661oW Z)(- SS ��Zl�GJ /wr'-J . z;;,e • / „ i So . (S u �Ll �.✓G'� �l o ' n ►, w it ¢Yb')r 1> �,� j re PO APT L-AYMMPGQX�'�iC Ki�J�d &4 LL-90G1C- VT 0545 4 Alk ��y Interested Persons Record and Service List southhj!Kl�ugton `JE N;d D N T Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five wo rking days. 24 V.S.A. § 4471(c). HEARING DATE: 6E/ O D PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREST :50 1 CoLx44,a ..5T �&OAL',"41 / VT RDSAoOe & -'-� F(Jue S/S-�es 4 1c,7)&)qIz M& b©c-Jrj C-,-RECo So gvl$ C ��'� VM Zn s C-LYN,J Air OU c- S►AITC- ZA uv tv\ L / P A-rT- kJA-iASGAQ-C., 10 -L5 r=c i� 0 01tW 144 (�P� YT ear 106 Utz el ;5; l MINAM0 PA- of SM VInterested Persons Record and Service List southhurl tugtou VFRMON1 Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREST 6 375— U ( c� southburlington PLANNING & ZONING April 12, 2010 Robert Provost 29 Birch Street South Burlington, VT 05403 Re: 27-29 Birch Street Dear Mr. Provost: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on April 6, 2010 (effective 4/6/2010). Please note the conditions of approval, including that the amended final plat plans must be recorded in the land records (in mylar format) within 180 days (must be submitted to Ray Belair for recording along with an $13 recording fee per molar by October 1, 2010) or this approval is null and void. If you have any questions, please contact me. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7009 0820 0002 2430 2764 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 1 Interested Persons Record and Service List soulthhu.-fli a,ton +E -VONI Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person -wishing to achieve interested -person status to demonstrate compliance with the applicable criteria. 24 V-.S.A. § 4461(b). The DRB must keep a written record of -the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(-b)...A.copy of any -decision rendered by -the DRB must be mailed to every person or body appear4ng-and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of -an appeal to -the, environmental court, ttie DRB must supply a -list of interested persons to the appellant in five working -days. 24 V.S.A. § 4471(c). HEARING DATE: PLEASE PRINT CLEARLY! NAME &' 0 MAILING ADDRESS PROJECT OF INTEREST 8'_pclff%�/c` GUe G'L'Clvnj p jo A,Yfo,L P-4 IrJ"G_v�1i z9bltck, Sir_ S}' �- TT-1 r � U� '► gVMkOr an VT SD'M gvwl �I .�w°E-�e� WE sir 2 94- L_j b u�-we. UT z © 'ii Page 1 of 1 r ray From: BProl251@aol.com Sent: Tuesday, March 16, 2010 10-41 AM To: ray Subject: Withdraw my request Good Morning Ray. Could you please withdraw my request for a continuance on the project at 27-29 Birch Street, South Burlington. Can you confirm what time you would like to have me present on April 6th. Thank You. Bob Provost 3/16/2010 Page 1 of 1 ray From: BPro1251 @aol.com Sent: Friday, March 12, 2010 9:21 AM To: ray Subject: Provost application Mr. Belair, Could I please request a continuation of my final applaction to April 20th,2010 instead of April 6th. I have not received the new subdivision survey from the surveyor yet, and thus this request. Could you please respond with confirmation, and let me know when the deadline is for submittals. Thanks You. Regards, Bob Provost 3/12/2010 DEVELOPMENT REVIEW BOARD 2 MARCH 2O10 PAGE 2 meter satellite dish on a six foot pole, 4049 Williston Road: Mr. Belair said staff has no issues. Mr. Young asked if the 6-foot pole is existing. Mr. Belair said it is new. Mr. Dinklage noted it will be on the ground and will be behind the building so it will not be visible from Williston Road. Ms. Quimby moved to approve Site Plan Application #SP-10-10 of Impact Radio, Inc., subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 5. Final Plat Application #SD-10-03 of Robert L. Provost for a planned unit development on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of: 1) adding an accessory residential unit to the existing single family dwelling, and 2) adding a second single family dwelling, 27 Birch Street: Mr. Provost said the application meets the 30% rule. The primary structure is a 3- bedroom dwelling. The apartment is 800 sq. ft. It was pre-existing. It had been a duplex, which is not permitted, so they have brought it back to this configuration. Mr. Dinklage reminded the applicant that the building must be owner -occupied, and that this requirement goes with the property to any future owners. Ms. LaRose noted that a new porch is not shown on the drawing. Mr. Provost said it is between the 2 buildings. Mr. Dinklage reminded the applicant that for planning purposes this will be considered 1 structure. Mr. Provost said he would prefer a subdivision, but it is too difficult to accomplish. Ms. LaRose said there will have to be a new survey. It was noted that the accessory unit is 2 bedrooms, and this is not allowed. Mr. Provost said he lives in the accessory unit. Mr. Belair said the regulations say the owner must live in the main dwelling and not in the accessory unit. Mr. Provost said the state people told him the Board can modify this. Mr. Dinklage suggested continuing the hearing so this can all be reviewed. Mr. Gordon, a neighbor said there are at least 3 neighbors opposed to this plan, but they were told the Board couldn't prevent it. Ms. LaRose noted the structures were previously approved as garage space. Mr. Provost explained why the property can't be subdivided. He said it is technically possible, but it would be a very jagged line. Mr. Belair said there is a lot of impervious surface on the front piece. It would be hard to meet the minimum lot size for the rear DEVELOPMENT REVIEW BOARD 2 MARCH 2O10 PAGE 3 piece. Mr. Provost drew a line showing what a subdivision would look like. Mr. Dinklage suggested the applicant continue this discussion with staff. Mr. Knudsen suggested a possible configuration which would solve the coverage problem. But the accessory apartment issue would still remain. Ms. Quimby moved to continue Final Plat Application #SD-10-03 of Robert Provost until 6 April 2010. Mr. Farley seconded. Motion passed unanimously. 6. Conditional Use Application #CU-10-22 of NFI Vermont, Inc., to construct a 1560 sq. ft. addition to a group home located within 1,000 feet of another group home, 100 Allen Road: and 7. Site Plan Application #SP-10-14 of NFI Vermont, Inc., to construct a 1560 sq. ft. to a group home on a property with two other group homes, 100Allen Road: Mr. Myers said NFI is taking over the whole property. They will continue the use as a group home for teens. They need to expand the building so all bedrooms will be on the same floor to allow for better observation of the youths. The building is currently vacant. Mr. Belair said there were no previous complains about the use. He said staff will need a copy of the license. Mr. Myers said they can't get that until they have the approval. Mr. Dinklage stressed that any changes to the plan must come to the DRB. The approval motion was changed to require the copy of the license prior to issuance of a Certificate of Occupancy. Ms. Quimby moved to approve Conditional Use Application #CU-10-22 and Site Plan Application #SP-10-14 of NFI Vermont, Inc., subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. 8. Conditional Use Application #CU-10-03 of Verizon Wireless to: 1) replace six of the existing 12 antennas, and 2) add three 700MHz antennas, 850 Hinesburg Road: and - 9. Site Plan Application #SP-10-15 of Verizon Wireless to: 1) replace six of 12 antennas, and 2) install three 700 MHz antennas, all within the Stealth silo extension not to exceed 85 feet in height, 850 Hinesburg Road.: Mr. Dreher said the antennas are located inside a fiberglass cap. They will not be visible to anyone. No issues were raised. Ms. Quimby moved to approve Conditional Use Application #CU-10-03 and Site Plan troleum contamination The proposed site plan includes a man-made wetland that will process storm water, plant- ings and re -grading to promote sod regenera. tion, and mitigation of brownfelds issues - The purpose of the proposed encroachment into the wetlands and poodplain area is to fa- cilitate public access to and use of the shoreline for recreation purposes There are three primary purposes for this notice First, people who may be affected by activities in floodplains and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and pro- vide information about these areas Second an adequate public notice program can be an important public educa- tionaltool The dissern, nation of information about Ooodplams can facilitate and enhance Federal efforts to reduce the risks associated with the occupancy and modification of these special areas Third, as a matter of fanners, when the Federal government determ toes it will par- ticipate in actions taking place in foodplains, it must inform those who may be put at greater or continued risk Further information on this determination is vailable at http //www cedoburlington org/wa- terfront/moran-plant/ moran_plant_ re devel- opmenthtm Written comments must be received by the city at the following address an or before February 25,2010 Community S Economic Develop- ment Office, 149 Church Street, Room, Burlington, VT 05401 and (802) 865-7173, Attention Nick Warner, Special Projects Manager, during the hours of 8 30 AM to 4 30 PM Comments may also be submitted via email at nwarri Show and tell. 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SEVENDAYSVTCOM/CLASSIFIEDS» View andpCstupto Post&browse ads There's no limit to 6 photos per ad online at your convenience ad length online a burlington vt us Date February 10,2010 PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing in the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 2, 2010 at730PM to consider the fallowing 1 Final plat application #SD-10-03 of Robert L Provost for a planned unit development on a 0 57 acre parcel developed with a single family dwell- ing The proposal consists of 1) adding an accessory residential unit to the existing single family dwelling and 2) adding a second single family dwelling, 27 Birch Street 2 Conditional use application #CU-10-02 of N F l Ve rmont, Inc to onstruct a 1,560 sq ft addition co a group home located with 1,000 feet of another group home, 100 Allen Road 3 Conditional use ap- plication #CU-10-03 of Venzon Wireless to 1) replace six (6) of the 12 existing antennas, and 2) add three (3) 700MHz antennas, 850 Hines- burg Road John Dmklage, Chairman South Burlington Devel- opment Review Board Copies ofthe applica- tions are available for public inspection at the South Burlington City Hall February 10, 2010 STATE OF VERMONT CHITTENDEN COUNTY. ss CHITTENDEN SUPERIOR COURT DOCKET NO. 50915-08 CnC CitlMortgage, Inc, Plaintiff LianneW Burleson And Occupants residing at NOTICE OF SALE By virtue and in execu. tion of the Power of Sale Contained in a certain mortgage given by American Mortgage Network, Inc to Lianne W Burleson dated July 19, 2006 and recorded in Volume 693, page 733 ofthe Land Records of the Town of Essex, ofwmch mortgage the undersigned is the pres- ent holder, for breach of the conditions of saitl mortgage and for the purposes of foreclosing the same will be sold at Public Auction at 9,00 AM on February 23 2010, at 134 Main Street Essex, Vermontall and singular the premises described in said mort. gage To Wit Being Unit 1, located on Lot C, as depicted on a plan entitled"Condo- miniums, Robert Lemire, 134 Main St, Essex Jct, Vermont' dated April 13, 2006, prepared by David A Tudhope and recorded at Map Slide #429, of the Land Records ofthe Town of Essex Terms of Sale $10.000 00 to be paid in cash by purchaser at the time of sale, with the balance due at closing Proofof finanangfor the balance ofthe purchase to be provided at the time ofsale Thesale is sublets to taxes due and owing to the Town of Essex The mortgagor is entitled to redeem the premises at any time prior to the sale by pay- ing the full amount due under the mortgage, including the costs and expenses of the sale Other terms to be an- nounced at the sale or inquire at Lobe S Fortin, 30 Kimball Ave, Ste 306, South Burlington VT 05403, 802660- 9000 DATED at South Burling- ton, Vermont this 20th day of January, 2010 Cit,Mortgage Inc By Joshua B Lobe, Esq STATE OF VERMONT CHITTENDEN COUNTY, SS CHITTENDEN SUPERIOR COURT Docket No 560-10 CnC IN RE ABANDONED MOBILE HOME OF FRANK 3 LAURA LAVEE VERIFIED COMPLAINT NOW COMES The Hous- ing Foundation, Inc ("HFI"), by and through its counsel Nadine L Sabek, and hereby com- plains as follows' 1 HFI,aVermontrorn. prof t corporation with a principal place of business in Montpelier, County of Washington, State of Vermont, is the ecord owner of a mobile home park known as Birchwood Manor Mobile Home Park (the "Park") located in the Town of Milton, Vermont 2 Frank & Laura Lavee (the-Lavees'( are the re- cord owners of a certain mobile home, described s a 1992 Redman Manufactured Home, 14' x 72, bearing serial umber 12223466 (the 'Mobile Home'), located on Lot #43, Birchwood Manor Mobile Home Park, 101 West Milton Road in Milton, Vermont (theLot') 3 The Lavees leased the Lot in the Park from HFI pursuant to a written lease 4 The Lavees last known mailing address is PO Box 791, Milton, Vermont 05468 5 The mobile home has been abandoned The last known residents ofthe mobile home were Frank Lavee and Laura Lavee The Lavees moved out ofthe mobile home in June, 2009 They have removed all of their personal property from the mobile home, and utility services have been terminated They have made no effort or attempt to remove the home from the Park HFI learned in September that the Lavees had vacated the mobile home antl contacted TO Bank, the henholder On November 13, 2009, HH's counsel spoke with Frank Lavee and he confirmed that they had vacated the mobile or respond to commu- nications from HFI The Lavees are still listed as the record owners of this mobile home with the Town of Milton 6 The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home. a Through January 19, 2010, Owners Lavees are in arrears on obligations to pay property taxes to the Town of Milton, Vermont In the aggre- gate amount of $464 70, plus current tax year of $407 58 which are not due until May, 2010 The delinquent property taxes are now a lien on the property b TD Bank, N A, PO Box 1377, Lewiston, ME 04243-13T7 7 Chuck Bolton, Auc- tioneer, is a person dis- interested in the mobile home and the mobile home park who is able to sell the mobile home at a public auction 8 Mobile home storage fees continue to accme at the rate of $274 00 per month Rent storage fees and late charge, due HFI as of January 15, 2010 total $1,915 00 See attached 9 HFI sent written notice by certified man to the Town of Milton and the Delinquent Tax Collector for the Town of Milton on November 13. 2009 of HR's intent to commence this aban- donment action See attached WHEREFORE, HFI re- spectfully requests that the Honorable Court en- ter an order as follows 1 Declare that the mobile home as been abandoned; 2 Approve the sale of the mobile home ata public auction to be held within 30 days of the date ofjudgment, pursuant to lO V S A § 6249(h); 3 Grant)udgment in favor of HFI and against the mobile home for past due and unpaid rent and mobile home storage charges through the date ofjudgment, together with HEN court costs, publication and mailing costs, auction- eers costs, wintenza- by HFI herein DATED at Burlington, Vermont this 19th day of January, 2010 Nadine L Scihek, Esq , Attorneyfor The Housing Foundation. Inc DATED at Montpelier Vermont this 19th day of January, 2010 By Doreen Phillips, Duly Authorized Agent for The Housing Foundation, Inc �txllnw�a.>u STATE OF VERMONT WASH I NGTON CO LINTY, SS On this 19th day of January, 2010, Doreen Phillips, duly authorized agent of The Housing Foundation, Inc, owner of the Birchwood Manor Mobi le Home Park in Milton, Vermont, being first duly sworn, made oath that she has read the foregoing Complaint, and that the facts con- tained therein are true Before me Thomas Young Notary Public My Commission Expires 2110111 STATE OF VERMONT CHITTENDEN COUNTY, SS CHITTENDEN SUPERIOR COURT Docket No 560-10 CnC IN RE ABANDONED MOBILE HOME OF FRANK &LAURALAVEE - ORDER FOR HEARING A hearing on HFI's Veri- fied Complaint to declare as abandoned the mobile home of Frank Lavee & Laura Lavee and authorize the sale by auction has been set for March 4, 2010 at 830 a m at the Chittenden Superior Court, 175 Main Street, Burlington, Vermont 05401 Jill Mongeon, Deputy Court Clerk Date 1/26/10 STATE OF VERMONT CHITTENDEN COUNTY, Ss. CHITTENDEN SUPERIOR COURT Docket No. 561-10 CnC VERIFIED COMPLAINT NOW COMES The Hous- ing Foundation, Inc ("HFIl by and through its counsel Nadine L Sabek, and hereby com- plains as follows' 1 HFI, a Vermont non- profit corporation with a principal place of business in Montpelier, County of Washington, State of Vermont, is the record owner of a mobile home park known as Mountain View Mobile Home Park (the'Park') located in the Town of Hinesburg, Vermont 2 Karen Lavalette ('Lavalette') is the record owner of a certain mobile home described as a 1987 Titan Cham- pwn, Model FK3, bearing Serial No C23743(the "Mobile Home'), located on Lot*15,29 Bear Lane in Hinesburg, Vermont ("Lot") 3 Lavalette leased a lot in the Park from HFI pursuant to a written lease On September 23, 2009 this Court issued a Judgment for eviction, costs, and attorney fees against Owner Lavalette in the matter The Housing Foundation, Inc v Lavalette, Docket No 50213-09 CnC The Court issued a Writ of Possession to HFI on September 23, 2009 and HFI completed the evic- tion and took possession of the Lot on October 8, 2009 4 Lavalette's last known mailing address is 29 Bear Lane, Hinesburg, Vermont 05461 5 The mobile home has been abandoned The last known resident of the mobile home was Karen Lavalette Laval. ette was evicted from the Park for non-pay- mentofrent Lavalette has removed all of her personal property from the mobile home and utility services have been terminated Owner Lavalette has made o effort or attempt to remove the home from the Park 6 The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home a Through January 19, 2010, Owner Lavalette is of $1,042 22. which de- linquent property taxes re now a ken on the property b The Housing Founda- tion, Inc has a lien on the mobile home under the Purchase Subsidy Program in the amount of 54000 00 7 Chuck Bolton, Auc- tioneer, is a person dis- interested in the mobile home and the mobile home park who is able to sell the mobile home at a public auction B Mobile home storage fees continue to accrue at the rate of $346 00 per month Rent storage fees and late charges due HFI as of January 19, 2010 tic al $2 429 37 See attached Court costs and attor- neysfees per the Judg. ent from the eviction action total $1,630 42 The total amount of the unpaid debt is $4,059 79 9 HFI sent written no- tice by certified mad to the Town of Hinesburg and the Delinquent Tax Collector for the Town of Hinesburg an December 23, 2009 of HFfs intent to commence this aban- donmentaction See attached WHEREFORE, HFI re- spectfully requests that the Honorahle Court en- ter an order as follows 1 Declare that the mobile home as been abandoned, 2 Approve the sale of the mobile home at a public auction to be held within 30 days of the date of)udgment pursuant to lO V S A § 6249(h), 3 Grant)udgment in favor of HFI and against the mobile home for past due and unpaid rent and mobile home storage charges through the data ofjudgment together with HH's court costs, publication and mailing costs, auction- eers costs, wmtenzatrnn costs, HFI's counsel fees incurred in enforcement of the lease and in con- nection with this matter and any other costs incurred by HFI herein DATED at Burlington, Vermont this 19th day of January, 2010 134 Main Street, Essex, Lobe G Fortin, PLC home in June, 2009 as bon costs, lot cleanup in arrears on obliga- Nadine L Sabek, Esq, Vermont, 30Kimball Ave, Ste 306 they could no longer charges, HFfs counsel IN RE ABANDONED tions to pay property Attorney for The Housing Defendants South Burlington, VT afford the mobile home feesincurred in connec- MOBILEHOME taxes to the Town of Fountlabon, Inc _ 05403 TD Bank has failed to bon with this matter and OF KAREN LAVALETTE Hinesburg Vermont in - communicatewithand/ any other costs incurred the aggregate amount Mn oul Aid lik,10,011 south' :purl .'gtoa PLANNING & ZONING February 12, 2010 Michelle Pelletier 25 Birch Street South Burlington, VT 05403 Re: 27-29 Birch Street Dear Property Owner: Enclosed is a copy of a public notice that will be published in Seven Days. It includes an application for development that abuts property you own. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public hearing. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101 www.sburl.corn C south PLANNING & ZONING February 25, 2010 John Hoehl 39 Pinnacle Drive South Burlington, VT 05403 Re: 899 Dorset Street: Faith United Methodist + Sonihird 2a, Dear Property Owner: Enclosed is a copy of a public notice that will be published in Seven Days. It includes an application for development that abuts property you own. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public hearing. Sincerely, YJaWna&Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South 6uilington, VT OS403 tel 802 846.4106 fax 802 846 4101 www sburl corn CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: February 25, 2010 \drb\sub\Provost27Birch\Provost_27Birch_Final.doc Plans received: February 2, 2010 27 BIRCH STREET - PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION #SD-10-03 Meeting Date: March 2, 2010 Agenda # 5 Owner/Applicant Robert L. Provost 27 Birch Street South Burlington, VT 05407 Engineer Property Information Chesbrough Consulting, PC Tax Parcel 0230-00029 76 Ethan Allen Drive R4 District South Burlington, VT 05403 Location Map Subject Property Ee w , r t CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\Provost 27Birch\27Birch Final.doc Robert Provost, hereafter referred to as the applicant, is seeking final plat approval for a planned unit development on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of: 1) adding an accessory residential unit to the existing single family dwelling, 2) adding a second single family dwelling, 27 Birch Street. The project was reviewed at sketch plan level on July 21, 2009 and for preliminary plat review on October 6, 2009 (minutes attached). Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on February 2, 2010 and have the following comments. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements R4 Zoning District Required 11 Proposed Min. Lot Size 6,000 SF/unit .57 acres Max. Building Coverage 20% 19.5% �l Max. Overall Coverage 40% 37.3% # Min. Front Setback 30 ft. 24 ft. # Min. Side Setback 10 ft. 2 ft. 4 Min. Rear Setback 30 ft. 30 ft. 4 zoning compliance # pre-existing non-compliance; no new structures are proposed within setback limitations PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed additional dwelling units. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\Provost 27Birch\27Birch Final.doc The South Burlington Water Department has reviewed the plans and provided comments in a memo dated February 10, 2010 (attached). 1. The applicant shall adhere to the comments of the South Burlington Water Department per the comments of February 10, 2010. Where necessary, the plans shall be revised. Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or provide a community wastewater system that is approved by the City and the State in any subdivision where off -lot wastewater is proposed. The developer is required to provide such pumping and other facilities as may be necessary. 2. The applicant shall obtain final wastewater capacity allocation from the Director of Planning and Zoning prior to issuance of a zoning permit. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 3. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The application proposes one additional single family dwelling unit and an accessory dwelling unit associated with the existing dwelling. The applicant will be required to pay the additional applicable traffic (and other applicable) impact fees for the new single family dwelling. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are no wetlands on the subject property. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning districts) in which it is located. According to Section 4.03 of the South Burlington Land Development Regulations, the R4 District is formed to encourage residential use at moderate densities. This proposal is within density guidelines for the district and in compliance with this criterion. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The applicant has removed the in -ground swimming pool and much of the patio from the site and created a broad common space between the two principal dwellings. J CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\Provost 27Birch\27Birch Final.doc Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. 4. Newly installed utility lines, services, and service modifications shall be underground. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. All proposed lighting must comply with Appendix D in the South Burlington Land Development Regulations. 5. All lighting fixtures shall be downcast and shielded. Flood lights are expressly prohibited. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed PUD is consistent with the South Burlington Comprehensive Plan. The Residential 4 District is formed to encourage residential use at moderate densities. This plan achieves this. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Staff feels the proposed PUD accomplishes a desirable transition from structure to site and from structure to structure. The proposed PUD also provides for adequate planting and safe pedestrian movement. Each unit shall provide for a minimum of 2 parking spaces each; therefore, 6 parking spaces shall be shown on the plans. There are three garage spaces available as well as parking spaces for five vehicles outside of the garages. (a) Parking: (a) Parking shall be located to the rear or sides of buildings. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) [pertains to Americans with Disabilities Act] l CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\Provost 27Birch127Birch Final.doc (ii) The parking area will serve a single or two-family home; As these are single-family homes, the parking is permitted to the front of the buildings. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. Staff feels the scale of the proposed building is compatible with the site. According to Section 3.07 of the South Burlington Land Development Regulations, the maximum height of the buildings in this PUD shall not exceed 40 feet. The existing building height is 26 feet. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Staff has already indicated that any newly installed utility lines, services, or service modifications shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The building has already been constructed: the southern portion is a recreational vehicle that has been made permanent. The northern portion was an approved accessory structure (garage). The proposal will connect the two. Drawings are attached. The applicant showed photographs at the previous hearings. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The building has already been constructed: the southern portion is a recreational vehicle that has been made permanent. The northern portion was an approved accessory structure (garage). The proposal will connect the two. Drawings are attached. The applicant showed photographs at previous hearings. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. There are no opportunities to provide access to abutting properties or to reduce curb cuts as part of this proposal. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\Provost 2713irch\2713irch Final.doc Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already indicated that any newly installed utility lines, services, or service modifications shall be underground. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a residential property, the applicant has stated that trash storage will be kept in the interior of the buildings. Other The City Engineer has reviewed the plans and provided comments in a memo dated February 25, 2010 (attached). 6. The applicant shall adhere to the comments of the City Engineer. The plans shall be revised accordingly. The applicant should contact the post office and discuss the placement of mailboxes on the site. 7. If the postal service and/or the applicant decides to use a central postal receptacle area, this structure should be shown on the site plan. ACCESSORY RESIDENTIAL UNIT Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence or within an existing, permitted accessory structure may be permitted by the DRB in accordance with Article 14, Site Plan Review, and the following additional criteria: (a) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total habitable area of the single-family dwelling unit. Per testimony submitted by the applicant, the existing single family residence (along Birch Street) is 3008 square feet. The accessory apartment is proposed to be 881.5 square feet, or 29.3%. (b) The principal dwelling shall be owner occupied. At this time, the owner listed on the application is Robert Provost. This principal unit must remain owner -occupied. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\Provost 27Birch\27Birch Final.doc 8. The principal dwelling unit shall remain owner -occupied. (c) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by the issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the South Burlington Sewage Ordinance. (d) Two additional off-street parking spaces shall be provided on the same lot, either in a garage or a driveway, or not in any areas required to meet coverage limitations, or any front yard other than a driveway, required by these Regulations. The two principal structures and accessory structure require a total of six (6) parking spaces. Staff has already noted that this is being adequately met. (e) A zoning permit shall be required for the accessory residential unit. 9. The applicant shall obtain a zoning permit from the Administrative Officer for the accessory residential unit. OTHER - The survey plat shows an old property line drawn which roughly separates the property into two lots, labeled there as Lot #46 and Lot #47. This subdivision line no longer exits as the lots have been merged. The survey plat shall be revised accordingly. 10. The survey plat shall be revised to remove the line which indicates that the subject property is comprised of two lots. Staff recommends that the Board approve Final Plat application #10-03 subject to the conditions included herein. Respectfully submitted, Cathyann Rose, Associate Planner Copy to: Robert Provost, Applicant oin `.ram south " h PLANNING & ZONING MEMORANDUM To: South Burlington Development Review Board Fr: Bill Szymanski, City Engineer Date: February 25, 2010 Re: Comments — Robert Provost, Birch Street 1. The 4 inch sewer service to the rear dwelling in the area of the covered patio should be in a 4, 6 or 8 inch sleeve so it can be accessed without disturbing the patio. 575 Dorset Street South Burlington, VT 05403 tel 802 846 4106 fax 802 846 4101 www sburl corn SOU(_ .1 BURLINGTON WATER 0 .3ARTMENT 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864-4361 Fax: (802)864-0435 www.southburlingtonvtgovoffice2.com February 10, 2010 Chesbrough Consulting Mr. William Chesbrough 76 Ethan Allen drive South Burlington, VT 05403 Re: 27 Birch Street Dear Mr. Chesbrough: The South Burlington Water Department has reviewed the most recent plans for the above referenced project. Please find my comments below. 1. Water service connection fees shall be applied to this project based on the current Rate and Fee Schedule. It must be recognized by all developers that the Rate and Fee Schedule established by the South Burlington City Council may be modified by resolution at an open meeting of the City Council, and therefore subject to change prior to completion of the project. A meter charge of $275 must be paid prior to the SBWD installing a water meter in the proposed dwelling, as long as it is installed before July 1, 2010. An approved backflow device must be installed on the new line downstream, of the water meter setting prior to the department installing the new meter. 2. It was this department's understanding from a previous set of plans that the Polyethylene water service line that was already installed to the new dwelling was 1/4", not 1" as shown on your plans. Please confirm the size of the Poly. line and advise this department with a corrected set of plans as soon as possible. Also, given that the original service line is only 1/4", the curb stop being installed to the existing house, as well as the new one to the proposed modular structure (after you confirm the size) should be 1/4" as well. All new service line brass must comply with the VT No -Lead Brass law and meet CWD manufacturer specification requirements. 3. Provisions must be made for curb stops outside of the City ROW for the South Burlington Water Department to gain access for operation in emergencies and for disconnecting service to delinquent accounts provided that the City of South Burlington follows the requirements set forth in State Statute Title 24 V.S.A. Chapter129, Uniform Water and Sewer Disconnect. 4. The SBWD shall be notified in advance to inspect the service line connections prior to backfilling. If you have any questions or I can be of further assistance, please call me. Sincerely, �4/j Jay Nadeau Superintendent CC. Cathyann LaRose Bob Provost Plan Reviews: 27 Birch St 2-10 DEVELOPMENT REVIEW BOARD 6 OCTOBER 2009 PAGE 2 Mr. O'Brien showed the proposed turnaround on the Gardner property which has been accepted by both Public Works and the Fire Chief, Mr. Gardner will come in with a revised plan as part of this arrangement. Mr. Belair noted that this is not technically a part of this application. There is a condition of approval that the applicant provides an easement to the city from the adjacent property owner. Mr. O'Brien said their attorney has sent the draft of a deed to Mr. Gardner. Mr. Stuono said he thought the applicant might squeeze lots a bit narrower as the lots are bigger than the ones to the south. Mr. O'Brien said it didn't make practical sense. Mr. Stuono suggested leaving some open space to the north and combining it with open space from the developer to the north for a small park. Mr. Behr said he wasn't sure the city is interested in such a small lot as it would not be maintained by a homeowners association. Mr. O'Brien said the city has told him this is not a location for a park. Mr. Behr said he felt the applicant made the best effort to meet the regulations. Ms. Quimby asked if there is parking on one side of the road. Mr. O'Brien said the road is 24 feet with 2-foot shoulders for a total of 28 feet. There will be parking on one side of the road. Ms. Quimby then moved to approve Preliminary Plat Application #SD-09-31 and Final Plat Application #SD-09-32 of the Buckthorn Group subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 4. Site Plan Application 4SP-09-80 of CCTA to relocate a previously approved bus shelter, Dorset Street (south of Aspen Drive): The applicant indicated that the shelter has been moved 20 feet to the south. Everything else remains the same. Mr. Belair said staff has no issues. Ms. Quimby moved to approve Site Plan Application #SP-09-80 of CCTA subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 5. Preliminary Plat Application 9SD-09-42 of Robert L. Provost for a planned unit development on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of: 1) adding on accessory residential unit to the existing single family dwelling, 2) adding a second single family dwelling, and 3) creating footprint lots for each single family dwelling, 27 Birch Street: Mr. Provost said that since the last hearing they have eliminated one parking space. They also met with the Water Department which recommended a one -inch line, which is being provided. The sewer line is now 2 inches, pressurized. i DEVELOPMENT REVIEW BOARD 6 OCTOBER 2009 PAGE 3 There is now only one accessory unit (in the original house) with two single family units. Mr. Provost said he is asking for relief from erosion control. Mr. Belair said there is not much construction left to cause erosion. This would be dealt with at final plat. Mr. Provost showed the location of parking spaces. He said they are asking for footprint lots. Staff had no issue with this. Mr. Belair explained that the owner of the house must live in the house because it has an accessory unit in it. Mr. Stuono asked what is preventing this from being a straight subdivision. Mr. Belair said he didn't know. It would look the same from the street. Mr. Provost said he would like to look into that. ivir. Behr said that can be done at final plat. Ms. Quimby moved to approve Preliminary Plat Application 4SD-09-41 of Robert L. Provost subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 6. Sketch Plan Application 4SD-09-42 of Gary Farrell et al for a planned unit development on a 26.1 acre parcel developed with two single family dwellings. The proposal consists of: 1) razing one single family dwelling, 2) constructing 13 two- family dwellings, and 3) constructing 22 three -unit multi -family dwellings, 1302, 1340 and 1350 Spear Street: Mr. Farrell noted they had received approvals in August of 2006. He showed the parcel which is comprised of 3 lots. He also showed the road plan which was proposed in 2006. There was a cul de sac on Vale Drive which had an easement to the city for a connection to this property. He also indicated that there had been requests from neighbors for landscaping. Mr. Farrell then showed the intersection with Spear St. that will not change with the plan. The existing curb cut to the Farrell house would be removed, and access would be from the extension of Vale Drive. The connection to Vale Drive would have a sidewalk. Mr. Farrell noted that originally Public Works wanted the Vale Drive cul de sac removed and T-intersection built. Mr. Farrell noted that following the 2006 approval, they ran afoul of Act 250 because of prime ag soils. They then withdrew the application. They now have an agreement with the Leduc Farm to purchase 56 development rights from them under the TDR arrangement. This will allow them 4 units per acre on this parcel. If the 93-unit plan is approved, Mr. Farrell said they would still have to purchase 6 additional TDR units from somewhere. They have an alternate plan with fewer units in the event that can't happen. RECEIVED JUN 2 9 2y3 City of So. Burlington �11-- RECEIVED JUN 2 9 2��9 City of So. Burlington C Permit Number SD-03 CITY OF SOUTH BURLINGTON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) L _ Aoy"r TL/, - 002 - 793 - 3 S G L9 A'.:#,L Sr -f _ 6m a.. t4- mwo3 AQ.r . 6<A - S 37 9 2) LOCATION OF LAST RECORDED DEED (Book and page #) Ao.k. Vb3 pg 3/- 3Z 3) APPLICANT (Name, mailing address, phone and fax 4) r" .S.orta .ss x/iSa1 � 4) CONTACT PERSON (Person who will receive all correspondence from Staff. Include name, address phone& fax #) n 5/'�01/oa r �S�e .os ,0�3d✓e. Contact email address: gp� «/ e 4W-. Cory] 5) PROJECT STREET ADDRESS t7- 6) TAX PARCEL ID # (can be obtained at Assessor's Office) Q7- 30 — Da 02!7. 7) DETAILED PROJECT DESCRIPTION a) Existing uses on Property (including description and size of each separate use) b) Proposed uses on property (include description a d size of each new use and existing uses to remain) c( L 24900- eicAw"e c) Total building square footage on property (proposed buildings and existing buildings to remain) a Tr % f- /lo os id d) Height of building & number of floors (proposed buil ings and existing buildings to remain, specify if basement and mezzanine) 1/ e) Number of residential unit (if applicable, new units and existing units to remain) EX/5x- �u ly4"cd AW 46.sTlka "GG, Aor D1,11 �cYc✓iTi- .� 1� �S / / II /N Ak. /j f - f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. /SrQ.vB . 8) WETLAND INFORMATION a) Are there any wetlands (Class I, lI, or lII) on the subject property? 114/v b) If yes, is the proposed development encroaching into any of these wetlands or their associated 50' buffers? Wo c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: 1. a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 9) LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a) Size of Parcel: Zt;7 ed 2 So'. (acres /sq. ft.) b) Building Coverage: Existing yGG G square feet /& 7 % Proposed 27.y square feet , ho_'. % c) Overall Coverage (building, parking, outside storage, etc): 0 r Existing I'6-4l square feet 3cf, `f % Proposed 17-7 square feet 2. f % d) Front Yard Coverage(s) (commercial projects only): Existing square feet % Proposed square feet % 10) AREA DISTURBED DURING CONSTRUCTION: sq. ft. * *Projects disturbing more than on -half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 11) WAIVERS REQUESTED a) List any waivers from the strict standards in the Land Development Regulations (e.g., setbacks, height, parking, etc.) that the applicant is seeking 12) COST ESTIMATES a) Building (including interior renovations) $ _boo ( //os i is b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ 2 c) Other site improvements (please list with cost) 1AIS.r,Au 1,ft-9-W 13) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out) b) A.M. Peak hour for entire property (in and out) c) P.M. Peak hour for entire property (In and out) 14) PEAK HOURS OF OPERATION 15) PEAK DAYS OF OPERATION 16) ESTIMATED PROJECT COMPLETION DATE ///zwt) 3 17) ABUTTING LANDOWNERS — please list abutting landowners, including those across any 16) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. �ovy r' SIGNATURE O!'ite„x� APPLICANT ta""s, L, . `1` SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: Z- 2— U46 I have reviewed this preliminary plat application and find it to be: Complete /? Q Incomplete It v irector of banning & Zoning or Designee Date 4 ,CONSULTINII� February 16, 2010 P.C. Mr. Jay Nadeau Superintendent, SBWD 403 Queen City Park Road South Burlington, Vermont 05403 Re: Robert Provost, 27 Birch Street . Response Comments to Water Supply Review Dear Jay: RECEIVED FEB 16 2010 City of So. Burlington Thanks for discussing Mr. Provost's project this morning on the telephone. Please find a revised copy of the engineering plan for the above referenced project per your February 10, 2010 review letter. 1. Mr. Provost will contact your department regarding the meter charges and approved backflow device installation. 2. The existing polyethylene waterline is % inch line instead of a 1 inch. Also per our discussion, all water connections noted on the plan shall be 3/ inch brass fittings complying with the Vermont No -Lead Brass law and the Champlain Water District (CWD) specification requirements. 3. Please not that all proposed and existing connections (water shut offs and tee) are within the City right of way (ROW) so that water department personnel can gain access for operation in emergencies and for disconnecting service to delinquent accounts. 4. The SBWD shall be notified in advance by Mr. Provost to inspect the service line connections prior to backfilling. We trust this meets your approval. Do not hesitate to contact me anytime should there be any other questions or if additional information is required. Sincerely, CHESBROzhsbrough, SULTING, PC William SP.E. Principal Enclosure C: Robert Provost, Landowner Ray Belair, South Burlington ZA Project Files COPY MAILING ADDRESS: P.O. Box 8622 • Burlington,Vermont 05402 76 Ethan Allen Drive, South Burlington,Vermont 05403 • (802) 658-7600 • Fax: (802) 658-7613 • www.chesbroughconsulting.com _ h " � "� ,tit 1� ^~�• �y�, r b ;;..,,'�:`ni�Y" �p7pY�4'.i;�ilfu': sr y � '. }•� Y . + M1. L � i - k I SO � OL aj No Text CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: July 14, 2009 \drb\sub\RobertProvost\27Birch sketch.doc Plans received: June 29, 2009 27 BIRCH STREET - PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT APPLICATION #SD-09-41 Meeting Date: October 6, 2009 A enda # 5 Owner/Applicant Robert L. Provost 27 Birch Street South Burlington, VT 05407 Engineer Property Information Tax Parcel 0230-00029 R4 District Location Map Subject Property ti £r i CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost127Birch prelim.dac Robert Provost, hereafter referred to as the applicant, is seeking preliminary plat approval for a planned unit development on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of: 1) adding an accessory residential unit to the existing single family dwelling, 2) adding a second single family dwelling, and 3) creating footprint lots for each single family dwelling, 27 Birch Street. The project was reviewed at sketch plan level on July 21, 2009 (minutes attached). The application has since been revised to eliminate the proposal for a secondary accessory dwelling unit. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on September 3, 2009 and have the following comments. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements R4 Zoning District Re aired Pro osed Min. Lot Size 6,000 SF/unit .57 acres �l Max. Building Coverage 20% 17% �l Max. Overall Coverage 40% 37% # Min. Front Setback 30 ft. 24 ft. # Min. Side Setback 10 ft. 2 ft. Min. Rear Setback 30 ft. 30 ft. �1 zoning compliance # pre-existing non-compliance; no new structures are proposed within setback limitations PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed additional dwelling units. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost\27Birch prelim.doc The South Burlington Water Department has reviewed the plans and provided comments in a memo dated September 29, 2009. 1. The applicant shall adhere to the comments of the South Burlington Water Department per the comments of September 29, 2009. Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or provide a community wastewater system that is approved by the City and the State in any subdivision where off -lot wastewater is proposed. The developer is required to provide such pumping and other facilities as may be necessary. 2. The applicant shall obtain wastewater capacity allocation from the Director of Planning and Zoning prior to issuance of a zoning permit. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 3. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The project incorporates access, circulation and traffic management strategies s.ufficie" to prevent unreasonable congestion of adjacent roads. The application proposes one additional single family dwelling unit and an accessory dwelling unit associated with the existing dwelling. The applicant will be required to pay the additional applicable traffic (and other applicable) impact fees for the new single family dwelling. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are no wetlands on the subject property. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning districts) in which it is located. According to Section 4.03 of the South Burlington Land Development Regulations, the R4 District is formed to encourage residential use at moderate densities. This proposal is within density guidelines for the district and in compliance with this criterion. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The applicant has removed the in -ground swimming pool and patio from the site and created a broad common space between the two principal dwellings. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sub\RobertProvost127Birch prelim.doc Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. 4. Newly installed utility lines, services, and service modifications shall be underground. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. All proposed lighting must comply with Appendix D in the South Burlington Land Development Regulations. 5. All lighting fixtures shall be downcast and shielded. Flood lights are expressly prohibited The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed PUD is consistent with the South Burlington Comprehensive Plan. The Residential 4 District is formed to encourage residential use at moderate densities. This plan achieves this. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Staff feels the proposed PUD accomplishes a desirable transition from structure to site and from structure to structure. The proposed PUD also provides for adequate planting and safe pedestrian movement. Each unit shall provide for a minimum of 2 parking spaces each; therefore, 6 parking spaces shall be shown on the plans. Parking areas are shown but it is unclear how many are provided for in garages and driveways. The parking spaces shall be delineated and counted to ensure that this criterion is being met. 6 The plans shall be revised to delineate parking spaces. They shall meet the dimensional requirements of the SBLDR. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Staff feels the proposed parking locations are adequate. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost127Birch prelim.doc Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. Staff feels the scale of the proposed building is compatible with the site. According to Section 3.07 of the South Burlington Land Development Regulations, the maximum height of the buildings in this PUD shall not exceed 40 feet. The proposed building height is 26 feet. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Staff has already indicated that any newly installed utility lines, services, or service modifications shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The building has already been constructed: the southern portion is a recreational vehicle that has been made permanent. The northern portion was an approved accessory structure (garage). The proposal will connect the two. Drawings are attached. The applicant showed photographs at the sketch plan hearing. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The building has already been constructed: the southern portion is a recreational vehicle that has been made permanent. The northern portion was an approved accessory structure (garage). The proposal will connect the two. Drawings are attached. The applicant showed photographs at the sketch plan hearing. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. There are no opportunities to provide access to abutting properties or to reduce curb cuts as part of this proposal. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drblsdb\RobertProvost\27Birch prelim.doc Staff has already indicated that any newly installed utility lines, services, or service modifications shall be underground. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a residential property, the applicant has stated that trash storage will be kept in the interior of the buildings. Other The City Engineer has reviewed the plans and provided comments in a memo dated July 13, 2009 (attached). 7. The applicant shall adhere to the comments of the City Engineer. The plans shall be revised accordingly. The applicant should contact the post office and discuss the placement of mailboxes on the site. 8. If the postal service and/or the applicant decides to use a central postal receptacle area, this structure should be shown on the site plan. ACCESSORY RESIDENTIAL UNIT Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence or within an existing, permitted accessory structure may be permitted by the DRB in accordance with Article 14, Site Plan Review, and the following additional criteria: (a) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total habitable area of the single-family dwelling unit. Per testimony submitted by the applicant, the existing single family residence (along Birch Street) is 3008 square feet. The accessory apartment is proposed to be 881.5 square feet, or 29.3%. (b) The principal dwelling shall be owner occupied. At this time, the owner listed on the application is Robert Provost. This principal unit must remain owner -occupied. 9. The principal dwelling unit shall remain owner -occupied. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sublrovost127Birch prelim.doc (c) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by the issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the South Burlington Sewage Ordinance. (d) Two additional off-street parking spaces shall be provided on the same lot, either in a garage or a driveway, or not in any areas required to meet coverage limitations, or any front yard other than a driveway, required by these Regulations. The two principal structures and accessory structure require a total of six (6) parking spaces. Staff has already noted that the applicant should clearly demarcate where these six parking spaces are located. (e) A zoning permit shall be required for the accessory residential unit. 10. The applicant shall obtain a zoning permit from the Administrative Officer for the accessory residential unit. The plans show a line labeled as "Restricted Use Boundary Line." The applicant shall clarify what this means. 10. The applicant shall address the "restricted use boundary line" shown on the plans. The plans shall be prepared by a licensed engineer. 11. The final plat plans shall be prepared and stamped by a professional engineer. Staff recommends that the Board approve Preliminary Plat application /#SD-09-41 subject to the conditions included herein. Resnectfully submitted, Cathy n LaRose, Associate Planner Copy to: Robert Provost, Applicant J DEVELOPMENT REVIEW BOARD 21 JULY 2009 PAGE 2 Ms. Quimby moved to approve Site Plan Application #SP-09-49 of Jeff Cooper subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 5. Preliminary Plat Application 4SD-09-29 of Gary and Diane Provost for a planned unit development on a 1.16 acre parcel developed with a single family dwelling. The project consists of: 1) converting the single family dwelling to a 2- famil,r dwelling, and 2) constructing an additional 2-family dwelling, 26 Weeping Willow Lana: M.q. McIntyre said tbere will be total of 4 units on the site. She showed the drivc-,,,v1'vs a�-icl 2 ; a king spaces fbr each unit. An evergreen hedge will be added along the front of t :• _ _ �� r+y to screen parking ,he is requesting a landscaping waiver for the full amount. l�lr. Dinklage noted there is also a 30-foot front yard setback waiver, from 50' to 20'. lie added that ti-te i ,aguage for the shared driveway will have to be clarified for final plat. Mr. Dinklage questioned whether the Southeast Quadrant design standards review should a))ply he.�e as it is very close to Dorset St. Mr. Belair said the standards could arply only }:l tii(- n-,V: strltctllre - MernbQrs said they v.,anted the project to conform to the SEQ design standards. Regarding landscaping, Ms. McIntyre said they could add some trees around the structure, but $8000 is very high. She felt $2000 would pay for the hedge. Mr. Belair suggested some additional trees to the rear of the existing building. Mr. Dinklage it—gested a berm to cut down road noise, and some plantings on the berm. Ms. Mclntyr�- 19 suggested extending the hedge a bit. Members agreed there should be a little more landscaping, the amount of which will be determined at final plat. Stipulations 413 was amended to indicate that the landscaping credit amount will be determined at final plat. Ms. Quimby moved to approve Preliminary Plat Application #SD-09-29 of Gary & Diane Provost subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. 6. etch Plan Application #SD-09-30 of Robert L. Provost for a planned unit elopment on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of: 1) adding an accessory residential unit to the existing single family dwelling, 2) adding a second single family dwelling with an accessory residential unit, and 3) creating footprint lots for each single family dwelling, 27 Birch Street: DEVELOPMENT REVIL W BOARD 21 JULY 2009 PAGE 3 Mr. Provost said he proposes to add a dwelling to the rear. He will add only a single family dwelling, with no accessory apartment, since the regulations would require the building to be owner -occupied and he lives in the other building with an accessory unit. He said he is asking for footprint lots because he is thinking of turning the units into condos. There will be no dumpsters. Mr. Dinklage reminded the applicant that there will be a traffic impact fee. Mr. Dinklage also noted the Board will want to see architectural details at preliminary plat, and the applicant will have to build what is shown at that time. Mr. Gordon, a neighbor, asked why he had not been notified of this plan before now. Mr. Belair said that in this case the only requirement is a public notice. A neighbor noted there are already skeleton frames erected. Mr. Belair said the applicant has approval for an accessory building. Ms. LaRose explained that an accessory "unit" is different from an accessory "structure." Another neighbor said there is an illegal garage in front. Ms. LaRose said it is a non- complying structure which pre -dates the regulations. Ms. Pelletier said the driveway is right under her bedroom window. She was concerned that the proposed development will affect property values. She is also concerned with traffic as there are a lot of children on this dead end street. Mr. Dinklage explained R-4 zoning and noted that this is an "infill" project which the city is encouraging. He also explained the change in state law which changed the rules for accessory units. Mrs. Irish felt there should be "Watch Out for Children" signs. Mr. Dinklage said that concern should go to the City Council. No other issues were raised. 7. Conditional Use Application #CU-09-05 of T. Mobile Northeast, LLC, to install nine panel antennas not to exceed 43 feet in height, 1285 Williston Road: and 8. Site Plan Application #SP-09-55 of T. Mobile Northeast, LLC, to amend a previously approved plan for a 76,630 sq. ft. shopping center. The amendment consists of installing 9 panel antennas on the rooftop, 1285 Williston Road: Mr. Potius identified the property as LaQuinta Inn. A 3-foot height waiver is being requested (to 43 feet) for these cell phone antennas. CI SOUTH BURLINGTON WATER DEPARTMENT 4"uaAw City Park Road South Burlington, VT 05403 Phone: (802) 864-4361 Fax: (802) 864-0435 www.southburtingtonvt.govoffice2.com September 29, 2009 Mr. Robert Provost 29 Birch Lane South Burlington, VT 05403 Re: 27 Birch Street Dear Bob: 'The South Burlington Water Department has reviewed the final plans for the above referenced project. Please find my comments below. 1. The current set of plans for the above referenced project is acceptable to this department relative to all water related activity provided the changes or corrections included in this letter have been addressed, including: a. The SBWD shall be notified in advance to shut off the existing curb stop for the installation of two new curb stops, and to inspect the connection to the proposed second line. There shall be a shut off/turn on fee associated with this work as defined in the City of South Burlington Water Ordinance. b. A meter charge of 275 must be paid prior to the SBWD installing the meter to the proposed dwelling. An approved backflow device must be installed on the new line prior to the SBWD setting the new water meter. 2: This Department shall be notified of any changes to this project with revised, updated hard copy plans for further review. If you have any questions or I can be of further assistance, please call me. Sincerely, / Jay Nadeau Superintendent CC. Cathyann Larose Interested Persons Record and Service List soutWburl ington Y'Efl V 0NT Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working /days. 24 V.S.A. § 4471(c). HEARING DATE: PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREST v� y Vv r e- . l 7;V 072V �Qw, �a'�� n S IZ a k G � Uv � S•fudi�'+ aio 6 v /bn V/0-.4 0-,-�d4507 S/ p Interested Persons Record and Service List s©ufl�bu.r3inz> orl V E EMU Wi Under the 2004-revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b)._A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREST 0rY.6� qs sa P `- �� aJ 1"9Inna.-Cjv br, Q fry-'e 4e'-Z(_ FC-7 LA Ph,o rrarn r rA Interested Persons Record and Service List southhurfington Y Eq M ON Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A.§ 4471(c). HEARING DATE; 0 C 1 • ('9 CV ' PLEASE PRINT CLEARLY. NAME MAILING ADDRESS PROJECT OF INTEREST QEEJULLZV� Q \S- cz, 'DOb I V'b i-e, V i\Vj 2 t n 'key 10 �1�� Ml•� IAnCk C Caro" k�rl ! Vtr%/l G Rc(( d� ► l ocz, c, c1 4�'� . tic`.' ¢` q Interested Persons Record and Service List southhurfi ton VEhM0" Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. -§ 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: PLEASE PRINT CLEARLY! NAME cpcl' G . /I 00 MAILING ADDRESS PROJECT OF INTEREST ,- - a va'k- A—k 1 L 0 RD � fWTX�-�q Vol,le Dr. FGrre l � a. I q Interested Persons Record and Service List south u rl inirten VkVMGNT Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name,- address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c), HEARING DATE: C%c- PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREST CYUURC-f-t Fffcc e� 23 vp(eDc, j� I 92v Ik.e-r s odf- _ I _-- - _ r De .� 0 P1,4,4 a- d-e 1r, Tdb +444 � Q vct,(t bv" Y-VO4 red . sue. � Interested Persons Record and Service List south urlill2toll E Y9 Fri 0 NT Under the 2004 revisions to Chapter 1-17, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon - receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: d 0-- G0 - 01 PLEASE PRINT CLEARLY! NAME MAILING ADDRESS PROJECT OF INTEREZ� T rd i1,Ie be I tout r-ted) F V1,4AI d fin 10 z/ �„ �/a A S S�%/W,W,0, f"'?a N,,.10 3e�0 2- lo m4uJ&ve Pr W"i s�6-" M e"4wy wl� pelo 6� 1 fl MIl kdh o /P 'el zz� o s !" I P g 4 E t- rC 0 L L I hI S I/ q A za-tj-� �•�, �� aa1, �Z-G�,b� � A4 ANN Interested Persons Record and Service List southhutl n lon Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: _y L w PLEASE PRINT CLEARLYI NAME MAILING ADDRESS PROJECT OF INTEREST ,A��4We(l� 1 v i L) 4it l i c,o—ir J f Z? l�ncc(-L �f LlI Aiv�e.%le /)P,vt -j 9 P,r4W 6v L V' �) (L' 0 `9.`�etn ?�• ��x z1 �0' '0'0 I �� 19.,E 1, � t C) 10�"- Ia south. PLANNING & ZONING October 13, 2009 Dan Bezio 16 Birch Street South Burlington, VT 05403 Re: Provost — 27 Birch Street Dear Sir or Madam: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Jana Beagley Planning & Zoning Assistant Enc. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com r 4% southburlington PLANNING & ZONING October 13, 2009 Robert Provost 29 Birch Street South Burlington, VT 05403 Re: SD-09-41 27 Birch Street Dear Mr. Provost: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on October 6, 2009 (effective 10/6/2009). Please note the conditions including that you must submit for final plat within 12 months. If you have any questions, please contact me. Sincerely, r s �-- 4V-* Jana Beagley Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7009 0080 0001 5560 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com e viewed in the Plan- ning office, (City Hall, 149 Church Street, , between the hours of nd 4:30 p.m. �t be the final order in , will be heard at the aase view the final www.ci.burlington. ing/drb/index.php or he Planning and Zon- otice board, one week rearing for the specific ich items will be heard who require special is to participate are to contact the Depart- st 72 hour; in advance. Jon call 865-7188 FTY). AICP, Director o; d Zoning RLINGTON 1N PROPOSALS ;ENEFIT CONSULTANT Burlington, Vermcnt iciting the services d consultant for the xoviding employee ,ulting services to ity in administration of program for employees for a 2 year contract mmediately. could be submitted to A. Leopold, CAD, Office /Treasurer, City Hall, Street, Burlington, VT -d proposals will not I. Submissions are due 4:00 p.m., Monday 28, 2009. e RFP are available at f the Clerk/Treasurer, d on the City's web- i.burlington.vt.us or by rue Trainor, Assistant at 865-7530. Town Caucuses Chittenden County Committee Meeting: October 21, 7:00 pm; Livak Ballroom, UVM Davis Center, Burlington PROPOSED AMENDMENT to the SOUTH BURLINGTON LAND DEVELOPMENT REGULA- TIONS Public Hearing October 5, 2009 PLEASE TAKE NOTICE that the South Burlington City Council will hold a public hearing on Monday, October 5th at 7:00 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendment to the South Burlington Land Development Regulations: 1. Allowing Municipal Facility as a permitted used in the Mixed In- dustrial Commercial Zoning District Copies of the proposed amend- ment are available for inspection at the Department of Planning & Zoning, City Hatt, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 AM and 4:30 PM Monday through Friday. Mark Boucher, Chairman September 8, 2009 PROPOSED AMENDMENTS to the SOUTH BURLINGTON LAND DEVELOPMENT REGULA- TIONS Public Hearing September 29, 2009 PLEASE LAKE NOTICE that the South Burlington Planning Com- mission will hold a public hearing on Tuesday, September 29th at 7:30 PM in the City Hall Confer- ence Room, 575 Dorset Street, South Burlington, VT to consider the following amendments to the South Burlington Land Develop- ment Regulations: 1. Adjust boundary of Bartlett Brook Stormwater Overlay District in southwest area of city 2. Adjust boundary of Design Review Overlay District on Mary Street, Hinesburg Road, and Hickory Lane Basso moo Mason m©mmum HMO Mmonm osmm©nmam Rnmoonms n mn©m©oom ono Mason Mon ©Moo©©© © amm moms Boom ono© omm ©Orison osso©©©Bm©a oosB oB ©mma sun mmmao Boon MMM moss omo mm©nomm i'amonam momm mma Emmons © ©Mo Emma Mason osoonooan©ss©© mm Mma aasm son Mon mama ©an Mono Bonn moo mmBmn asoo©mns Roan© ossn. mas©m©©mumm gM Ban numm©o Bmos © gnu mmmmum mmmm 4. Clarify standards for l0C3000 Of parking on a parcel 5. Revise accessory structure requirements 6. Parking requirements for as- sisted living & pet grooming 7. Generally amend definitions 8. Amend table of uses regard- ing pet grooming, child care, and self -storage 9. Establish new requirements for outdoor exercise areas for animals 10. Clarify standards for affordable housing, 11. Revise requirements for out- door storage and display 12. Establish new requirements for retaining wails. 13. Revise standards regarding gates on private roads 14. Establish maximum for number of units permitted in a structure in R-4 District 15. Clarify regulations regarding construction or reconstruction of homes in the SEQ-NRP district 16. Revise application procedures for minor boundary line adjust- ments Copies of the proposed amend- ment are available for inspection at the Department of Planning & Zoning, City Hall, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 AM and 4:30 PM Monday through Friday except holidays. Randall Kay, Chairman September 10, 2009 PUBLIC HEARING SOUTH BURLINGTON DEVELOP- MENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing in the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, October 6, 2009 at 7:30 P.M. to consider the following: 1. Preliminary plat application #lSD-09-41 of Robert L. Provost for a planned unit development on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of: 1) adding on accessory residential unit to the existing single family dwelling, 2) adding a second single family dwelling, and 3) creating footprint lots for each single family dwell- ing, 27 Birch Street. John Dinklage, Chairman South Burlington Development Review Board Copies of the application are available for public inspection at the South Burlington City Hatt. September 16, 2009 STATE OF VERMONT CHITTENDEN COUNTY, SS. CHITTENDEN SUPERIOR COURT DOCKET NO. 51057-07 CnC Chase Home Finance, LLC, Plaintiff V. u vu�a vic uvn�y Vldated 8/16/2005, JPMorgan .e Bank, N.A. And Occupants residing at 81 Cumberland Road, Burlington, Vermont, Defendants NOTICE OF SALE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Chase Home Finance, LLC to Audrey J. Bryant, Esq., Successor Trustee of the Kenneth R. Cutroneo, I Revocable Living Trust dated 8/16/2005 dated October 5, 2005 and recorded in Volume 939, Page 118 of the Land Records of the Town of Burlington, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purposes of foreclosing the same will be sold at Public Auc- tion at 9:00 A.M. on September 29, 2009, at 81 Cumberland Road, Burlington , Vermont all and singular the premises described in said mortgage: To Wit: Being all and the same land and premises conveyed to Kenneth R. Cutroneo, I, Trustee of the Kenneth R. Cutroneo, I, Revocable Living Trust Declaration by Quit Claim Deed of Kenneth R. Cutro- neo, I dated August 16, 2005 and recorded in Volume 929, Page 313 of the Land Records of the City of Burlington. Also being all and the same land and premises conveyed to Kenneth R. Cutroneo, I by War- ranty Deed of William R. Black and Karen L. Black dated June 5, 1997 and recorded in Volume 567, Page 95 of the Land Records of the City of Burlington. Terms of Sale: $10,000.00 to be paid in cash by purchaser at the time of sale, with the balance due at closing. Proof of financing for the balance of the purchase to be provided at the time of sale. The sale is subject to taxes due and owing to the Town of Burlington. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sate. Other terms to be announced at the sale or inquire at Lobe & Fortin, 30 Kimball Ave., Ste. 306, South Burlington, VT 05403, 802 660-9000. Chase Home Finance, LLC By: Joshua B. Lobe, Esq. Lobe & Fortin, PLC 30 Kimball Ave., Ste. 306 South Burlington, VT 05403 STATE OF VERMONT CHITTENDEN COUNTY, SS. CHITTENDEN SUPERIOR COURT DOCKET NO.51312-07 CnC A �a, u NCU LeiLn Lei 2004-OPTS, Plaintiff V. Sheila Braun, Downs R Martin, PLLC, Option One Mortgage Marc S. Greenblatt Anc residing at 77 Lyndck totte, Vermont, Defendants NOTICE OF SALE By virtue and in xecu the Power of Sale cont a certain mortgage giv tion One Mortgage Cor to Sheila Braun dated 2004 and recorded in 1 Page 65 of the Land RE the Town of Charlotte, mortgag^ ;he unde,sig present holder, for brei conditions of said mod for the purposes of for same will be sold at PL tion at 8:00 A.M. on S, 23, 2009, at 77 _vnri�l Charlotte, Vermont all the premises described mortgage: To Wit: Being all and the same premises convey-t! to' by Warranty Deed of Kz Symmes dated June 11 recorded June 22, 200, 950 at page 64 in the Charlotte Land Reco,J- Terms of Sale: $10,000 paid in cash by purcha time of sale, with thr i at closing. Proof of fini the balance of the purc provided at the time of sate is subject to taxes owing to the Town of C The mortgagor is entitl redeem the premises al prior to the sale by pa\ amount due under the including the costs anc of the sale. Other terms to be annc at the sale or inquire a Fortin, 30 Kimball Ave. South Burlington, VT 0 660-9000. Wells Fargo Bank, N.A., By: Joshua B. Lobe, Es( Lobe & Fortin, PLC 30 Kimball Ave., Ste. 3 South Burlington, VT 0 STATE OF VERMONT CHITTENDEN COUNTY, CHITTENDEN SUPERI0i DOCKET NO. 50927-0£ PHH Mortgage Corporal Plaintiff V. Todd Griswold And Occ residing at 97 Hapgooc Richmond, Vermont, Defendants southbuxl iu ton PLANNING & ZONING September 18, 2009 Robert Provost 29 Birch Street South Burlington, VT 05403 Re: 29 Birch Street Dear Property Owner: Enclosed is the draft agenda for the October 6th, 2009 South Burlington Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. The official agenda will be posted on the City's website (www.sburi.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com C r VAN Ill-W, southburlington PLANNING & ZONING September 18, 2009 Don and Anne Irish 33 Birch Street South Burlington, VT 05403 Re: 29 Birch Street Dear Property Owner: Enclosed is a copy of the draft agenda for the October 6th, 2009 South Burlington Development Review Board meeting. The enclosure includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com southburlin ton PLANNING & ZONING July 10, 2009 Robert L. Provost 27 Birch Street South Burlington, VT 05403 Re: 27 Birch Street Dear Property Owner: -------Enclosed-is-the-df-aft-agenda-for-the -July-24,-2D09 Sout-h-Burlington--Development-Review - - Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. The official agenda will be posted on the City's website (www.sburf.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com southburlington PLANNING & ZONING July 10, 2009 Bob Provost 29 Birch Street South Burlington, VT 05403 RE: 27 Birch Street Dear Property Owner: -------Encl s-ed-is-a-copy-of-the-draft ag-enda-forthe—Ja/y-21-2009--S-outh-Burlinzg n-DeveloMent - Review Board meeting. The enclosure includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number SD- 6 f -_ CITY OF SOUTH BURLINGTON APPLICATION FOR PRELIMINARY SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) /Ud0Az, T 0V05 ! :PA 8b2-��Z-cao8$ 2) LOCATION OF LAST RECORDED DEED (Book and page #) �o•,r� %v3 3) APPLICANT (Name, mailing address, phone and fax #) ,�v,6a�e-7- �, &Jos t 4) CONTACT PERSON (Name, mailing address, phone and fax Contact email address: 66 p /25/ COL . co>?, 5) PROJECT STREET ADDRESS: 2 % Z 6) TAX PARCEL ID # (can be obtained at Assessor's Office) D23D eoa29 7) PROJECT DESCRIPTION a) Existing Uses on Property (includin description and size of each separate use) O� Cl3 o-..v more, ,ry�.4nec�. b) Proposed Uses on property (include description and size of each new use and existing uses to G remain) 0dopO�dti�A� oJ�% ��i�Yr2 ( /J�G%Ge�Qsc� c) Total building square footage on property (proposed buildings and existing buildings to remain) '5�16y Ar d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) zVeW X7XVt,71 u cg is ,s49&Ox . !%' <d!, /p e) Number of residential units (if applicable, new units and existing units to remain) l G x r.7vv-a /l tv/ 4" r vas �'_7 )titer f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees)iinP g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. />/Or,, 8) WETLAND INFORMATION a) Are there any wetlands (Class I, II, or III) on the subject property? b) If yes, is the proposed development encroaching into any of these wetlands or their associated 50' buffers? c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 9) LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a) Size of Parcel: b) Building Coverage: Existing square feet A0 % Proposed Aldo square feet . 0/6 % c) Overall Coverage (building, parking, outside storage, etc): Existing %S ¢I/- square feet 30, iA % Proposed 18(,.7 square feet % Y % d) Front Yard Co e(s) (commercial ' is only): Existing square feet % P osed squet % 10) WAIVERS REQUESTED a) List any waivers from the strict standards in the Land Development Regulations (e.g., setbacks, height, parking, etc.) that the applicant is seeking ,-Vdne- 11) COST ESTIMATES a) Building (including interior renovations) $ Oeo i b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ Z, c98o c) Other site improvements (please list with cost) 12) ESTIMATED TRAFFIC r a) Average daily traffic for entire property (in and out) A"b a r g L.e' b) A.M. Peak hour for entire property (in and out) c) P.M. Peak hour for entire property (In and out) 3 t 13) PEAK HOURS OF OPERATION 14) PEAK DAYS OF OPERATION 15) ESTIMATED PROJECT COMPLETION DATE 10to 16) PLEASE LIST ABUTTING LAND OWNERS (including those across the street). You may attach a separate sheet if necessary. Wes Nk /1/S k GUQ,g 17) PLANS AND FEE 4ryuA/0 /4X Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (1 1" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SONATURE OF APPLICANT /. 4.,f . SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: f l I have reviewed this preliminary plat applicat CompleteA I In erector of Planning & L and find it to be: e A - ling or Designee 4 y f DEVELOPMENT REVIEW BOARD 21 JULY 2009 PAGE 2 Ms. Quimby moved to approve Site Plan Application #SP-09-49 of Jeff Cooper subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 5. Preliminary Plat Application #SD-09-29 of Gary and Diane Provost for a planned unit development on a 1.16 acre parcel developed with a single family dwelling. The project consists of: 1) converting the single family dwelling to a 2- ii-tail . 4welling, and 2) constructing an additional 2-family dwelling, 26 Weeping WldoW L2r' " ^ '�.�[cJ. _e s?:c -r4 wiii he tc,tal of 4 uni c, on the site. She slrcw,'ecI thr.: - . _ ,,•,,.s frr each unit. An ever7reen hedge % ,ill be, added along tl,o fr.,rt . _ .,.,-+y t� scr:•e-, r.'rking r7.4uesring a landscaping waiver for the I*,1-11 :{mo11n+. :; g^ i: >tf.,? there a <Iso u ?0-foot front yard setback waiver, fron. 1�� 0'. :' i-'i,e>uaolc 'Lhc shared ; iveway will have to be clariiieci'br ilk .11 phaL. ivir. Oinkiage questioned whether the Southeast Quadrant design standards review should i f; he e a,� it is -,•ety close to Dorset St. Mr. Belair said the standards colAl L'r.-2 y only ":/'er",ers card thPF� � ,an`.ed the project to conform to the SEQ design stars-'ards. Regarding landscaping, Ms. McIntyre said they could add some trees around the structure, but $8000 is very high. She felt $2000 would pay for the hedge. Mr. Belair suggested some additional trees to the rear of the existing building. Mr. Dinklage _ ,_, tcL berm to out down road noise, and some plantings on the berm. Ms, McIntyr • suggested extending the hedge a bit. Members agreed there should be a little more landscaping, the amount of which will be determined at final plat. Stipulations # 13 was amended to indicate that the landscaping credit amount will be determined at final plat. Ms. Quimby moved to approve Preliminary Plat Application #SD-09-29 of Gary & Diane Provost subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. 6. Sketch Plan Application #SD-09-30 of Robert L. Provost for a planned unit development on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of. 1) adding an accessory residential unit to the existing single family dwelling, 2) adding a second single family dwelling with an accessory residential unit, and 3) creating footprint lots for each single family dwelling, 27 Birch Street: DEVELOPMENT REVIt~, W BOARD ` 21 JULY 2009 PAGE 3 Mr. Provost said he proposes to add a dwelling to the rear. He will add only a single family dwelling, with no accessory apartment, since the regulations would require the building to be owner -occupied and he lives in the other building with an accessory unit. He said he is asking for footprint lots because he is thinking of turning the units into condos. There will be no dumpsters. Mr. Dinklage reminded the applicant that there will be a traffic impact fee. Mr. Dinklage also noted the Board will want to see architectural details at preliminary plat, and the applicant will have to build what is shown at that time. Mr. Gordon, a neighbor, asked why he had not been notified of this plan before now. Mr. Belair said that in this case the only requirement is a public notice. A neighbor noted there are already skeleton frames erected. Mr. Belair said the applicant has approval for an accessory building. Ms. LaRose explained that an accessory "unit" is different from an accessory "structure." Another neighbor said there is an illegal garage in front. Ms. LaRose said it is a non- complying structure which pre -dates the regulations. Ms. Pelletier said the driveway is right under her bedroom window. She was concerned that the proposed development will affect property values. She is also concerned with traffic as there are a lot of children on this dead end street. Mr. Dinklage explained R-4 zoning and noted that this is an "infill" project which the city is encouraging. He also explained the change in state law which changed the rules for accessory units. Mrs. Irish felt there should be "Watch Out for Children" signs. Mr. Dinklage said that concern should go to the City Council. No other issues were raised. 7. Conditional Use Application #CU-09-05 of T. Mobile Northeast, LLC, to install nine panel antennas not to exceed 43 feet in height, 1285 Williston Road: and 8. Site Plan Application #SP-09-55 of T. Mobile Northeast, LLC, to amend a previously approved plan for a 76,630 sq. ft. shopping center. The amendment consists of installing 9 panel antennas on the rooftop, 1285 Williston Road: Mr. Potius identified the property as LaQuinta Inn. A 3-foot height waiver is being requested (to 43 feet) for these cell phone antennas. south'_, PLANNING & ZONING MEMORANDUM To: South Burlington City Planning Commission Fr: Bill Szymanski, City Engineer Date: June 30, 2009 Re: Comments — Gary Provost, Dorset Street 1. Sewer service shall be laid at a minimum slope of % inch per foot. Connection to existing main shall be with a manufactured saddle. 575 Dorset Street South Butlington. VT 05403 tel 802,846.4106 fax 802,846.4101 www.sburl corn CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has -certain administrative obligations with respect to interested persons. At any hearing, there must -be an opportunity4or each person -wishing to achieve interested person status to-demonstrate_compliance wrth-the applicable criteria: 24 V:S:A: § 4461(b): The -DRB-must keep a-wrFtten-record-of-the name-addre-ss-and--participation=of each person - who has saught-interestedperson-status -24 V.S.A.= § 4461(-b): A copy of any decision - rendered by the- DRB -must-be mailed to euery-person-or body appearing and having been heard by -the: DRB. 24 V.S.A.-§ 4461(b)(3). Upon receipt of notice -of an appeal to the environmental court, the--DRB must supply a list of interested persons to the - appellant in -five working days. 2-4 V.S.A. §'4471(c). ✓ HEA ING DATE: 4 Ll � 11 ko el NA P-r C� hL MAILING ADDRESS PROJECT OF INTEREST JAL \ ' tC" TX,elr (40_qjpt_,_ -7-7 (/V(� � � 1 �sS�x �c 0.5q 5 �- 5O H-ccf�.e�` �$r- CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Beard (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be -an opportunity for each person wishing to achieve interested person status to demonstrate-complian-Ge-with-the--applicable criteria: 24 V-SA. § 4461-(b). The DRB_ must keep --a writtetl--record of the -name;- address-a-nd- pat#icipation of -each -person - who has_sought,interes-ted-person--status.-24 V.-S.A:-§-4461(b�.-A-copy -of -any decision rendered by the DRB must -be= mailed to every person or body appearing and having - been heard by the, DRB. 24-V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must -supply -a list of interested persons to the appellant in five working days. 24 V.S.A-. § 4471(c). HEARING DATE: t✓ _ _ - NAME MAILING -ADDRESS PROJECT OFAIN EREST 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number SD- - -30 APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) S T J6ri i%. i 2) LOCATION OF LAST RECORDED DEED (Book and page #) 7�,3 1�9 J7 Z 3) APP Fame, mailing address, phone and fax #) e 4) APPLICA T'S EGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) nm V) CONTAW PERSON (Name mailing address, phone and fax #) Z. 7g3 -Y-- pJ 6) PROJECT STREET ADDRESS: 7) TAX PARCEL ID # (can be obtained at Assessor's Office) _Q Z 3a - ooa Zy 8) PROJECT DESCRIPTION a) Existing Vses on Property (including description and size of each separate use) Z c r b) Proposed Uses on �roperty (include description and siz of each new use and exist' g uses to. remain) �o�o'iTcvy�,FL Dw-�.l! �O> llii�c r c) Total building square footage roperty+(proposed buildings and existing buildings to remain) s OM)OC,�- -ti� 6,40 /26/ � �l Conte 1 d) Proposed height of building (if applicable) /Sid e) Number of residential units (if applica le, new units and existing units to remain) 40 f) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 9) LOT COVERAGE a) Building: Existing //. f % Proposed /% b) Overall (building, parking, outside storage, etc) Existing 36• # % Proposed 38 S % c) Front yard (along each street) Existing % Proposed _% 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) G 2 *5 X.-deal ar 4,2eA5 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drsginage, etc.) � ,y, �Q �'accse,,, akazb T 12) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this may be provided on a separate attached sheet) r 13) ESTIMATED PROJECT COMPLETION DATE 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the plans must be submitted. A sketch subdivision application fee is $125. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. _ GNATURE SIGNATURE OF APPLICANT PERTY OWNER Do not write below this line DATE OF SUBMISSION: 4/ P f o I have reviewed this sketch plan application and find it to be: IJ Cop � m lete ❑ Incomplete of PlarYniA.K & Zoning or 3 r i t 2) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DA' 14) ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) /6t a c t- 6 i ,7 S"ni APPLICATION for WASTEWATER ALLOCATION *Items marked with an asterisk must be filled in by ALL applicants *Applicant Information Applicant: 4110064 �-JC Contact Person: 46 Mailing address: 2 &V&b, i Telephone and fax for contact: _ 8b1- 86Z -D©f�`18 Property owner name (if not applicant): 'e"IfC4 �� Property owner mailing address: , *Physical location of project: Z% A1,ea. 6 o�O *Signature of .Applicant *Signature of Property Owner (Both applicant and property ozaner MUST sign the application!) *Project Information If the project is a single-family home, please check one: New Existing If not single-family home, project name: *Application or Permit Numbers: (from Dept. of Planning & Zoning) #-q) -�- LL Engineer's Information for flows„over 1,000 gpd Name of Engineer: Firm. Mailing address: Phone and fax: PE License #: f APPLICATION ION for WASTEWATER ALLOCATION *Flog Calculations (You may substitute an engineer's calculation or letter for the information requested beloui) For additional bedrooms in single-family homes: Number of existing bedrooms: Number of additional bedrooms requested: For other residential projects, list number of bedrooms and units requested: Number of bedrooms x Number of Gallons per units x day per unit =Total flows 1 150 2 300 _ x / ,5 r.1{ 4so 4 600 5 750 6+ (specify) TOTAL J061 lam✓ C For commercial and industrial projects, list existing and proposed tenants, uses anc Tenant/ Number of Other Business Type of use seats, SF, etc. x Flow per unit Adjustments Total flow TOTAL *Total development wastewater flow requested: �gallons per day Flow characteristics (for commercial and industrial projects) Volume: Flow rate: Strength: flows: APPLICATION for WASTEWATER ALLOCATION Please do not write below this line Application & Recording Pee Received: Name Date Receiving Plant: Airport Parkway tlett Bay City Center District: Yes No Approved by Water Pollution Control Department (Commercial and Industrial Projects) Director of Water Pollution Control Date Preliminary allocation issued: (payment of fee is not required) Dire Mr of Planning & Zoning Date Final Allocation Issued: (payment of fee is required, either in full or pro -rated for projects With multiple zoning permits involved) Director of Planning & Zoning Final Allocation Expires (Date) Date with permit # - - Zoning Permit Issued permit # - - (Date) Associated WW connection permit (if applicable) For Extensions of Final Allocation Only EXTENSION GRANTED to (Date) (Date of Expiration) 50 % EXTENSION FEE PAID (Date) (Amount) 1 11 SOUTH BURLINGTON WATER DEPARTMENT February 9, 2007 Mr. Bob Provost 29 Birch Street South Burlington, VT 05403 Re: Pre -application Review 27 Birch Street Dear Bob: 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864.4361 Fax: (802) 864-0435 I would like to summarize our conversation from February 8, 2007 concerning the property at 27 Birch Street. You had requested that I review the options before you submitted plans for supplying water to a proposed building behind the existing building at this address, stating specifically that you did not want to make a new main line tap. During our meeting we discussed two options for supplying water to this building, as summarized below: 1. The first option to provide water to the rear building would require the temporary shut off of water at the existing curb stop by the SBWD. You would be responsible for cutting in a tee beyond the existing curb stop and installing two new curb stops at the tee, one for the existing home and one for the new building. You would also be responsible for installing a minimum 1/4" copper water service to the new building, in accordance with all SBWD Specifications. This option avoids the need to make a new main line tap for the proposed building, which the Department may allow. However, use of an existing single corporation stop and service line may only be used when found on exam by the Department, to be in satisfactory conditions and meeting all requirements of the City Water Ordinance. The burden of proof and all expenses incurred by the Department to determine the condition and adequacy of the service line shall be borne by the owner of said service line. It must be recognized that running a second service line off from an existing service line connection increases the likelihood of reduced flows and pressures at both buildings when each user draws water at the same time. Further, flows and pressures may be reduced at the proposed building due to the long run of copper service line toward the back of the property. This option will require you to install a water meter inside the proposed building from which the SBWD will bill water, sewer and storm water charges. If you remain the property owner of this building then you would ultimately be responsible for all water, sewer and storm water charges as required by'the City of South Burlington. Connection fees can be determined by calling the SBWD. 2. The second option to provide water to the rear building is to connect a water service line to the interior plumbing of the existing house and run a service line to the proposed building. You stated that you already had a plastic line installed along the swimming pool that could be used for such a connection. This option does not require the installation of a second water meter, as all water used at both buildings will be measured through the existing -water meter. However, this option does not allow the proposed building to ever be owned by a different owner from that of the existing home. The size, depth, alignment, materials and methods used shall -conform to the SBWD Specifications. The SBWD must review any plans submitted in the future prior to final approval for this project. Please call me if you have any questions. Sincerely, Jay Nadeau Superintendent CC: Ray Belair G: Word: 27 birch St I CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: July 14, 2009 \drb\sub\RobertProvost\27Birch_sketch.doc Plans received: June 29, 2009 27 BIRCH STREET - PLANNED UNIT DEVELOPMENT SKETCH PLAN APPLICATION #SD-09-29 Meeting Date: July 21, 2009 Agenda # 6 Owner/Applicant Robert L. Provost 27 Birch Street South Burlington, VT 05407 Engineer Property Information Tax Parcel 0230-00029 R4 District Location Map Subject Property I I CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost\27Birch sketch.doc Robert Provost, hereafter referred to as the applicant, is requesting sketch plan review for a planned unit development on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of: 1) adding an accessory residential unit to the existing single family dwelling, 2) adding a second single family dwelling with an accessory residential unit, and 3) creating footprint lots for each single family dwelling, 27 Birch Street. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on June 29, 2009 and have the following comments. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements R4 Zoning District Required Proposed Min. Lot Size 6,000 SF/unit .57 acres �l Max. Building Coverage 20% 17% �l Max. Overall Coverage 40% 39% # Min. Front Setback 30 ft. 24 ft. # Min. Side Setback 10 ft. 2 ft. q Min. Rear Setback 30 ft. 30 ft. 4 zoning compliance # pre-existing non-compliance; no new structures are proposed within setback limitations PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed additional dwelling units. The South Burlington Water Department has reviewed the plans and provided comments in a memo dated July 15, 2009. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost\273irch sketch.doc 1. The applicant shall adhere to the comments of the South Burlington Water Department per the comments of July 15, 2009 prior to preliminary plat approval. The plans shall be revised accordingly. Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or provide a community wastewater system that is approved by the City and the State in any subdivision where off -lot wastewater is proposed. The developer is required to provide such pumping and other facilities as may be necessary. 2. The applicant shall obtain wastewater capacity allocation from the Director of Planning and Zoning prior to final plat approval. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 3. The applicant shall submit a detailed grading and erosion control plan with the preliminary plat submittal. 4. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The City has previously not addressed traffic increases from accessory apartments. The additional of three units will not generate any significant traffic. Still, the applicant will be required to pay the additional applicable traffic impact fees. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are no wetlands on the subject property. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. According to Section 4.03 of the South Burlington Land Development Regulations, the R4 District is formed to encourage residential use at moderate densities. This proposal is within density guidelines for the district and in compliance with this criterion. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The applicant has removed the in -ground swimming pool and patio from the site and created a broad common space between the two principal dwellings. l 1 CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost\27Birch sketch.doc Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. 5. Newly installed utility lines, services, and service modifications shall be underground. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. All proposed lighting must comply with Appendix D in the South Burlington Land Development Regulations. 6. A lighting point -by -point plan and lighting cut -sheets shall be submitted as part of the preliminary plat submittal. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed PUD is consistent with the South Burlington Comprehensive Plan. The Residential 4 District is formed to encourage residential use at moderate densities. This plan achieves this. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Staff feels the proposed PUD accomplishes a desirable transition from structure to site and from structure to structure. The proposed PUD also provides for adequate planting and safe pedestrian movement. Each unit shall provide for a minimum of 2 parking spaces each; therefore, 8 parking spaces shall be shown on the plans. Parking areas are shown but it is unclear how many are provided for. The parking spaces shall be delineated and counted to ensure that this criterion is being met. 7. The plans shall be revised to delineate parking spaces. They shall meet the dimensional requirements of the SBLDR. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Staff feels the proposed parking locations are adequate. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drblsub\RobertProvost\27Birch sketch.doc Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. Staff feels the scale of the proposed building is compatible with the site. According to Section 3.07 of the South Burlington Land Development Regulations, the maximum height of the buildings in this PUD shall not exceed 40 feet. The proposed building height is 26 feet. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Staff has already indicated that any newly installed utility lines, services, or service modifications shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Staff has already stated that architectural details should be included with the preliminary plan submittal. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Staff will address this issue in greater detail when building elevations are presented. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. There are no opportunities to provide access to abutting properties or to reduce curb cuts as part of this proposal. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already indicated that any newly installed utility lines, services, or service modifications shall be underground. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost\27Birch sketch.doc As this is a residential property, it is most likely that trash storage will be kept in the interior of the buildings. The applicant should attest to this at the hearing. 8. The applicant shall address the issue of trash storage on the site as part of the preliminary plat application. Other The City Engineer has reviewed the plans and provided comments in a memo dated July 13, 2009 (attached). 9. The applicant shall adhere to the comments of the City Engineer. The plans shall be revised accordingly. The applicant should contact the post office and discuss the placement of mailboxes on the site. 10. If the postal service and/or the applicant decides to use a central postal receptacle area, this structure should be shown on the site plan. ACCESSORYRESIDENTL4L UNITS Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence or within an existing, permitted accessory structure may be permitted by the DRB in accordance with Article 14, Site Plan Review, and the following additional criteria: (a) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total habitable area of the single-family dwelling unit. Per testimony submitted by the applicant, the existing single family residence (along Birch Street) is 3008 square feet. The accessory apartment is proposed to be 881.5 square feet, or 29.3%. Per testimony submitted by the applicant, the newly proposed single family residence (to the rear of the lot) is proposed to be 1344 square feet. The accessory apartment is proposed to be 379.5 square feet, or 28.2%. (b) The principal dwelling shall be owner occupied. At this time, the owner listed on the application is Robert Provost. There is no other owner for the additional principal dwelling to the west. No occupancy of this westerly second accessory unit shall take place until the principal unit is owner -occupied. This principal dwelling must have l CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sub\RobertProvost\27i3irch sketch.doc a different owner than the other principal dwelling unit on the property; both principal units must remain owner -occupied. 11. No occupancy of the westerly (rear) units shall take place until the associated principal unit is owner -occupied. 12. The principal dwelling units shall remain individually owner -occupied. (c) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by the issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the South Burlington Sewage Ordinance. (d) Two additional off-street parking spaces shall be provided on the same lot, either in a garage or a driveway, or not in any areas required to meet coverage limitations, or any front yard other than a driveway, required by these Regulations. The two principal structures and two accessory structures require a total of eight (8) parking spaces. Staff has already noted that the applicant should clearly demarcate where these 8 parking spaces are located. (e) A zoning permit shall be required for the accessory residential unit. 13. The applicant shall obtain a zoning permit from the Administrative Officer for the accessory residential units Staff recommends that the applicant address the numbered items above before proceeding with the preliminary plat application. Respectfully submitted, 54 0 11 P 40 /GVith�y I L I9Ose, ss iate Planner Copy to: Robert Provost, Applicant SOU i BURLINGTON WATER[( 'ARTMENT 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864-4361 Fax: (802) 864-0435 www.southburlingtonvLgovofficeZcom July 15, 2009 Mr. Bob Provost 29 Birch Street South Burlington, VT 05403 Re: 27 Birch Street Dear Bob: The South Burlington Water Department has reviewed the plans for the above referenced project. Please find my comments below. 1. Water service connection fees shall be applied to this project based on the current Rate and Fee Schedule. It must be recognized by all developers that the Rate and Fee Schedule established by the South Burlington City Council may be modified by resolution at an open meeting of the City Council, and therefore subject to change prior to completion of the project. 2. All construction drawings and plans shall have a note saying "All water line and related work to be performed in accordance with the Champlain Water District Specifications and Details for the Installation of Water lines and Appurtenances, henceforth the "CWD Specification." 3. The CWD Specifications are applicable to all new construction and reconstruction of water infrastructure. Variations from the CWD Specifications will not be permitted except as provided within the CWD Specifications. The appropriate CWD Supervisor as defined in the CWD Specifications shall determine the acceptability of any deviation from the those specifications. Private water lines and appurtenances shall be designed to the same standards as public water lines and appurtenances. All water installation work and water distribution material must comply with the "CWD Specifications". 4. The proposal to tap the existing %" water service to supply two new units is unacceptable. The current plans are significantly different from what we discussed in February 2007. Since a proposed service line is now designed to serve two new units, the options provided in my letter dated February 9, 2007 are no longer applicable. Therefore, a new tap of at least one -inch (1") in diameter is required to serve the proposed dwelling and the existing garage and office space. The line may be tapped and run across the road, then "teed" at a Department approved location, where individual curb stops shall be installed for the new dwelling and garage/office. The line may also be reduced in size to N" to serve each of these individual units at the "tee". The service line between the main and "tee" shall consist of a corporation, 1" curb stop, copper tubing, and curb box with stainless steel service rod placed on a solid concrete block. Each line from the tee shall consist of a V curb stop, copper tubing to the dwelling, and curb box with stainless steel service rod placed on a solid concrete block. The corporation shall be Cambridge Brass No -Lead brass, Red Hed Manufacturing brass 4381, or Department approved equal. Curb stops shall be Cambridge Brass No -Lead brass, Red Hed Manufacturing SB 515184151, or Department approved equal. No -lead brass fittings shall be Cambridge Brass No -Lead Brass, Red_ Hed Manufacturing brass, or Department approved equal. 5. All domestic services and fire sprinkler systems that are connected to the public water system shall be protected with a backflow prevention assembly, and an appropriate thermal expansion system in compliance with the Ordinance For The Control Of Cross Connections Within The Water System Of the City Of South Burlin tg_on, henceforth the `Backflow Ordinance." Please contact this department for more information on the installation and proper setting of backflow prevention devices. 6. Provisions must be made for curb stops outside of the City ROW for the South Burlington Water Department to gain access for operation in emergencies and for disconnecting service to delinquent accounts provided that the City of South Burlington follows the requirements set forth in State Statute Title 24 V.S.A. Chapter129, Uniform Water and Sewer Disconnect. 7. The SBWD shall be notified in advance to inspect all main line taps, appurtenances, service line installations, and water line crossings prior to occurrence or backfilling. If you have any questions or I can be of further assistance, please call me. Sincerely, A 4�L� Jay Nadeau Superintendent CC. Cathyann LaRose Plan Reviews: 27 Birch St 7-09 south , PLANNING & ZONING MEMORANDUM To: South Burlington City Planning Commission Fr: Bill Szymanski, City Engineer Date: July 13, 2009 Re: Comments — Robert Provost, Birch Street 1. The proposed clean out just east of the covered patio where all sewers connect should be a manhole. From that point to the main in Birch Street, both property owners shall be responsible to maintain. 2. The 4 inch sewer service to the rear dwelling in the area of the covered patio should be in a 6 or 8 inch sleeve so it can be accessed without disturbing the patio. 575 Dorset Street South Burlington, VT 05403 tel 802 846 410C fax 802 846 4101 www.sburl corn 27-29 BIRCH STREET SQUARE FOOTAGE CALCULATIONS Existing House 3008 sf Accessory apartment 881.5sf 29.30% New cottage /garage (rear) 1344sf Accessory apt (rear) 379.5sf 28.20% )120 - 1570 p p101V 00030 0052 1 157�i 11570 00R048 ppR44 R42 R 0860 6 l R R 157 SiMPSON COURT, pp 2 157 000 R P 00 S0 � pp�p n i '.r61 i 1570 ppp 0 1 2 1 0 1 +� 1 '2 or 00 31 K z N �70 p OORS i 1 R 4 ''' 086p k m W ,_ 580_ ti 0POS i i OOR i ffiy o0 37 co _ �OS104 WU(7 K �" c v) R R �£ K i 0150 41�10 0pp0R ; O V CA s QQ p p 6Q p1p5p80 0 07 i 13 l 0 1• 0 OO8y4S k O r i R 1 = , 1690 rvu��Sj 424 1 R 10000E i i m 1 iZ 1� ; $ 1222 R 14 QOR 16 21'R'Y4 rn R o 50 14 AVENUE 1,so 00 ids SUNSET 1 90 00 6 0 11 of O002s WRIGHT COURT i R U i 1250 169pp 1690 169a OOR16 1690 1690 169Q 00031 29 TT// �+k/1 1870 ' 6 i R-=-:- 0O�3 39 ss�� R 00 11R13 OOR15 00�81 1560 >t 1250 "` "r DOR ; 0OR33 Y 0607 00034 R12 + p1p250 1d �� K 000000 �� C1�94 \ ,+ R r tw R �Ff 10� s I R.0-W- r is � �.. r 00 ,D ``�\ EA57 91RCH LAHEr'jlEN1�� 3 01500 OOYN3 1w rr 14p0p0 p� 00R 4 p�q R?2 � x 1 30 00 %2 k p2 2 1 1p8p30 18 14 031- 1830 i< 06Q526 1g 20 e O R16 WR R 0040A x �iy3�1 PROUN PARKWAY �t 4 x a° sr __R r 1p6p3p0 8g33 ,r p1830 Y : 0015 0OA30 0 R 2 1 r i 00021 0002 y 19 >t R � R R R 0000 1rtln 100o0B 4 X 00543 k 0OA40 R 4 Lf -o' -711b 0 f7 5 -LAJ 46 DEVELOPMENT REVIEW BOLD 4 MARCH 2O08 The South Burlington Development Review Board held a regular meeting on Tuesday, 4 March 2008, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; P. Plumeau, E. Knudsen, G. Quimby, R. Farley, M. Behr, M. Birmingham Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; D. Marshall, B. Provost, B. Clairmont, G. & J. Smith, D. Irish, S. Hainley, S. & J. Mack, B. Precourt„ W. Adams, L. Bresee 1. Other Business: No issues were raised. 2. Minutes of 19 February 2008: Ms. Quimby moved to approve the Minutes of 19 February as written. Mr. Farley seconded. Motion passed 4-0 with Messrs. Dinklage, Birmingham, and Plumeau abstaining. 3. Consent Agenda: a. Design Review Application #DR-07-13 of Patrick Malone to amend a master signage permit for the property located at 222 Dorset St. in the Dorset St./City Center Sign District. The master signage permit would reaffirm the design scheme for the wall signs on the property and also permit a freestanding sign, 222 Dorset St. b. Design Review Application #DR-08-01 of Patrick Malone for design review for exterior modifications to a 33,733 sq. ft. building consisting of office and retail food use, 222 Dorset St. No issues were raised. Ms. Quimby moved to approve the Consent Agenda as presented. Mr. Farley seconded. Motion passed unanimously. ,%Sketch Plan Application #SD-08-11 of Robert L. Provost for a planned unit development on a 0.57 acre lot developed with a single family dwelling with an accessory residential unit. The proposal consists of: 1) adding a second single family dwelling, and 2) creating footprint lots for each single family dwelling, 27-29 Birch Street: DEVELOPMENT REVIEW BOAL 4 MARCH 2O08 Mr. Provost said there is an existing single family house with an accessory apartment, and he is proposing to add another single family unit in the back with another accessory apartment. He showed the existing home on the plan and indicated an existing 2-car garage with an attached office. The office would become the accessory apartment for the new single family home. Mr. Belair said currently the building is considered a duplex. The applicant would convert one of those units into an accessory apartment so he can then have the other single family home with another accessory apartment. Mr. Belair noted that accessory apartments don't count as units. Mr. Belair also noted that the applicant has said he wanted to do footprint lots, but that will have to be worked out. Mr. Dinklage said the Board will want to see elevation plans and have the applicant attest that he will build what is on those plans. He added that the application should be "squeaky clean" and encouraged the applicant to continue to work with staff. Mr. Knudsen noted that one of the units must be occupied by the owner. Neighborhood residents expressed concern with turning a single family house into an apartment house complex. Mr. Dinklage explained that recent changes made at the state level permit this type of development. It also encourages "infill," and the city has made changes to encourage this. He suggested that if the residents have an issue with this that they take it up with the Planning Commission. Mr. Belair added that the result of the State law changes would allow every home in the neighborhood to have an accessory apartment. 5. Continued Preliminary Plat Application #SD-08-03 & Final Plat Application #SD-08-04 of South Village Communities, LLC, to amend a previously approved planned unit development of Phase I consisting of 156 residential units and a 100-student educational facility, of a 334 residential unit project. The amendment consists of 1) reducing the front yard setback from 10' to 5' and 2) adding utility cabinets,1840 Spear Street: Mr. Marshall showed the location of the utility cabinets on the plan. He also showed how electrical distribution will feed in from the back of the units. This allows for more front yard flexibility. Mr. Marshall said the applicant will assure that all landscaping is out of the right-of-way. Regarding the reduced setbacks, Mr. Marshall said that traditional neighborhood design tries to bring buildings closer to the street. He reviewed issues with the Fire Chief to assure the Fire Department's ability to respond to a fire. { r r southburlington PLANNING & ZONING April 3, 2008 Bob Provost 27 Birch Street South Burlington, VT 05403 Re: Minutes — 27-29 Birch Street Dear Mr. Provost: For your records, enclosed is a copy of the approved March 4, 2008 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburi.com 0 An 0t,01 lfil southburlington PLANNING & ZONING February 29, 2008 Bob Provost 27 Birch Street South Burlington, VT 05403 Re: 27-29 Birch Street Dear Mr. Provost: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, March 4, 2008 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tal 802.846.4106 fax 802.846.4101 www.sburl.com No Text CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost\27Birch sketch.doc Robert Provost, hereafter referred to as the applicant, is requesting sketch plan review for a planned unit development on a 0.57 acre lot developed with a two-family dwelling. The proposal consists of: 1) adding a single family dwelling with an accessory residential unit, 2) creating footprint lots for each single family dwelling and 3) converting the two-family dwelling to a single family dwelling with an accessory residential unit, 27-29 Birch Street. PLEASE BE AWARE THAT THE ABOVE DESCRIPTION IS CHANGED FROM THE AGENDA WHICH IS IN YOUR PACKET AND WHICH HAD PREVIOUSLY BEEN CIRCULATED. THERE HAS BEEN CONFUSION AS TO WHAT IS CURRENTLY IN EXISTISTENCE AND WHAT IS BEING PROPSED. STAFF WILL PROVIDE UPDATED COMMENTS AT THE DEVELOPMENT REVIEW BOARD HEARING ON MARCH 4T". Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on February 13, 2008 and have the following comments. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Require ents R4 Zoning District Required Proposed �1 Min. Lot Size 6,000 SF/unit .57 acres Max. Building Coverage 20% 17% Max. Overall Coverage 40% 38% # Min. Front Setback 30 ft. 24 ft. # Min. Side Setback 10 ft. 2 ft. � Min. Rear Setback 30 ft. 30 ft. zoning compliance # pre-existing non-compliance; no new structures are proposed within setbacks AGAIN, STAFF IS WORKING TO ENSURE THAT ALL DENSITY LIMITATIONS ARE BEING MET. THIS SECTION WILL BE UPDATED PRIOR TO TUESDAY'S DRB HEARING. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost127Birch sketch.doc Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed additional dwelling units. The plans should be reviewed by the South Burlington Water Department. 1. The plans shall be reviewed by the South Burlington Water Department prior to preliminary plat approval. Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or provide a community wastewater system that is approved by the City and the State in any subdivision where off -lot wastewater is proposed. The developer is required to provide such pumping and other facilities as may be necessary. 2. The applicant shall obtain wastewater capacity allocation from the Director of Planning and Zoning, Juli Beth Hinds, prior to final plat approval. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 3. The applicant shall submit a detailed grading and erosion control plan with the preliminary plat submittal. 4. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. As the applicant is seeking to convert a duplex to two single family dwelling units, there is no expected increase in vehicle traffic. The City has previously not addressed traffic increases from accessory apartments. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are no wetlands on the subject property. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. I CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost\27Birch sketch.doc According to Section 4.03 of the South Burlington Land Development Regulations, the R4 District is formed to encourage residential use at moderate densities. This proposal is within density guidelines for the district and in compliance with this criterion. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. There is very little useable and contiguous open space on this parcel. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. 5. Newly installed utility lines, services, and service modifications shall be underground. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. All proposed lighting must comply with Appendix D in the South Burlington Land Development Regulations. 6. A lighting point -by -point plan and lighting cut -sheets shall be submitted as part of the preliminary plat submittal. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed PUD is consistent with the South Burlington Comprehensive Plan. The Residential 4 District is formed to encourage residential use at moderate densities. This plan achieves this. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Staff feels the proposed PUD accomplishes a desirable transition from structure to site and from structure to structure. The proposed PUD also provides for adequate planting and safe pedestrian movement. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Staff feels the proposed parking locations are adequate. i CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost\27Birch sketch.doc Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. Staff feels the scale of the proposed buildings is compatible with the site. According to Section 3.07 of the South Burlington Land Development Regulations, the maximum height of the buildings in this PUD shall not exceed 40 feet. The proposed building heights are 26 feet. 7. Elevation plans shall be submitted with the preliminary plat plan, indicating the height of the proposed buildings from the average pre -construction grade on the site. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Staff has already indicated that any newly installed utility lines, services, or service modifications shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Staff has already stated that architectural details should be included with the preliminary plan submittal. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Staff will address this issue in greater detail when building elevations are presented. In addition to the above -general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. There are no opportunities to provide access to abutting properties or to reduce curb cuts as part of this proposal. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already indicated that any newly installed utility lines, services, or service modifications shall be underground. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\RobertProvost\27Birch sketch.doc All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a residential property, it is most likely that trash storage will be kept in the interior of the buildings. The applicant should attest to this at the hearing. 8. The applicant shall address the issue of trash storage on the site as part of the preliminary plat application. Other The plans still need review by the City Engineer. 9. The plans shall be reviewed by the City Engineer prior to preliminary plat approval. The applicant should contact the post office and discuss the placement of mailboxes on the site. 10. If the postal service and/or the applicant decides to use a central postal receptacle area, this structure should be shown on the site plan. ACCESSORYRESIDENTL4L UNITS Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence or within an existing, permitted accessory structure may be permitted by the DRB in accordance with Article 14, Site Plan Review, and the following additional criteria: (a) Floor space of the accessory residential unit shall not exceed thirty percent (3001o) of the total habitable area of the single-family dwelling unit. The applicant should address this criterion. It is unclear what the square footage is of the single family dwellings and the accessory residential units. IL The applicant should address this criterion. It is unclear what the square footage is of the single family dwellings and the accessory residential units. (b) The principal dwelling shall be owner occupied. 12. The principal dwelling units shall remain owner -occupied 1 CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\su b\RobertProvost\27 Birch sketch.doc (c) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by the issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the South Burlington Sewage Ordinance. (d) Two additional off-street parking spaces shall be provided on the same lot, either in a garage or a driveway, or not in any areas required to meet coverage limitations, or any front yard other than a driveway, required by these Regulations. The two principal structures and two accessory structures require a total of eight (8) parking spaces. The applicant should clearly demarcate where these 8 parking spaces are located. The site plan shall be revised accordingly. 13. The site plan shall clearly demarcate 8 parking spaces. (e) A zoning permit shall be required for the accessory residential unit. 14. The applicant shall obtain a zoning permit from the Administrative Officer for the accessory residential units. Staff recommends that the applicant address the numbered items above before proceeding with the preliminary plat application. Respectfully submitted, athyan LaRos , Associate Planner r` Copy t Robert Provost, Applicant .1�h-.' •ire, VE11M0 NT February 25, 2008 Michelle Pelletier 25 Birch Street South Burlington, VT 05403 Dear Property Owner: City of South Burlington Department of Planning and Zoning 575 Dorset Street South Burlington, VT 05403 802-846-4106 Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the March 4, 2008 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. SOUTH BURLINGTON WATER DEPARTMENT February 9, 2007 Mr. Bob Provost 29 Birch Street South Burlington, VT 05403 Re: Pre -application Review 27 Birch Street Dear Bob: 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864-4361 Fax: (802) 864-0435 I would like to summarize our conversation from February 8, 2007 concerning the property at 27 Birch Street. You had requested that I review the options before you submitted plans for supplying water to a proposed building behind the existing building at this address, stating specifically that you did not want to make a new main line tap. During our meeting we discussed two options for supplying water to this building, as summarized below: The first option to provide water to the rear building would require the temporary shut off of water at the existing curb stop by the SBWD. You would be responsible for cutting in a tee beyond the existing curb stop and installing two new curb stops at the tee, one for the existing home and one for the new building. You would also be responsible for installing a minimum 3/4" copper water service to the new building, in accordance with all SBWD Specifications. This option avoids the need to make a new main line tap for the proposed building, which the Department may allow. However, use of an existing single corporation stop and service line may only be used when found on exam by the Department, to be in satisfactory conditions and meeting all requirements of the City Water Ordinance. The burden of proof and all expenses incurred by the Department to determine the condition and adequacy of the service line shall be borne by the owner of said service line. It must be recognized that running a second service line off from an existing service line connection increases the likelihood of reduced flows and pressures at both buildings when each user draws water at the same time. Further, flows and pressures may be reduced at the proposed building due to the long run of copper service line toward the back of the property. This option will require you to install a water meter inside the proposed building from which the SBWD will bill water, sewer and storm water charges. If you remain the property owner of this building then you would ultimately be responsible for all water, sewer and storm water charges as required by the City of South Burlington. Connection fees can be determined by calling the SBWD. 2. The second option to provide water to the rear building is to connect a water service line to the interior plumbing of the existing house and run a service line to the proposed building. You stated that you already had a plastic line installed along the swimming pool that could be used for such a connection. This option does not require the installation of a second water meter, as all water used at both buildings will be measured through the existing water meter. However, this option does not allow the proposed building to ever be owned by a different owner from that of the existing home. The size, depth, alignment, materials and methods used shall conform to the SBWD Specifications. The SBWD must review any plans submitted in the future prior to final approval for this project. Please call me if you have any questions. Sincerely, Jay Nadeau Superintendent CC: Ray Belair G: Word: 27 birch St �• ( � � � �� ,�,�.— � Nor 'ti , �� - � c�� ' � � ,�,�� l I � � � �� -- I mil, -! -__ C..�-� CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number SD- d -� APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) K i G. f 20Jos1-5702- 27 Ai pGJ, ST_ , S'&,-&, ,C. _ t4-_ 0i-44nA 90'2- &.,z s.,*A - f I - - 2) LOCATION OF LAST RECORDED DEED (Book and page #) 7�3 �9_ J? Z 3) APPI, ICAVT (Name,_mailing address, phone and fax #) 4) APPLICA�T'S EGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) -A-5) CONTAW PERSON (Name mailing address, phone and fax #) 793_-5, 1CO r L. - 2 ?b 2- z J ay 6) PROJECT STREET ADDRESS: ,, ofD. .11T &30 7) TAX PARCEL ID # (can be obtained at Assessor's Office)_ _22 Z 3 a - ooz L9 8) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) 7 �viri/u emu, �Ll.. su� 1 b) Proposed Uses on Foperty (include description and siz of each new use and existing uses to remain) �00�0'� 7c011) L Dw-�.�(•,,; s PA c) Total building square footage on property (propo'sed buildings and existing buildings to remain) WJ- 0cn,,ncA- CN60 6,00 12.6-1 1 d) Proposed height of building (if applicable) �� 26 e) Number of residential units (if applicable, new units and existing units to ��Z2�i�TAW* .'? �>.i9� f) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 9) LOT COVERAGE a) Building: Existing i/. % Proposed% b) Overall (building, parking, outside storage, etc) Existing _% Proposed 38 % c) Front yard (along each street) Existing _% Proposed 10) TYPE OF EXISTING OR PROPOSED EN/CUMBRANCES covenants, leases, rights of way, etc.) G 2 *5 `} e PROPERTY (easements, 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm dr,4inage, etc.) W Sae. t, UkL-� T 12) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this may be provided on a separate attached sheet) 5�76 / t N ea s 13) ESTIMATED PROJECT COMPLETION DATE eaGbYyriu Zev'9 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the plans must be submitted. A sketch subdivision application fee is $125. J I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. _ GNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: o� J I have reviewed this sketch plan application and find it to be: Complete ❑ Incomplete V/3 Zoning or Designee Dat 3 l EXHIBIT A SKETCH PLAN The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (I I" x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. If submitting a plat amendment, please submit only pertinent information. Please provide (on separate sheet) a list of all abutters to the project property and mailing addresses. o Name and address of owner of record and applicant. o Name of owners of record of contiguous properties. o Numerical and graphical scale, date last revised, and north arrow. o Location map showing relation of proposed subdivision to adjacent property and surrounding area. o Boundaries and area of all contiguous land belonging to the owner of record. o Boundaries and area of the proposed subdivision. o Existing and proposed layout of property lines. o Type and location of existing and proposed restrictions on land (easements, covenants, etc.). o Location, names and widths of existing and proposed streets or private ways. o Existing zoning boundaries. o Existing watercourses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. o Location and size of any existing sewers (including septic tanks) and water mains, culverts and drains on the property to be subdivided. o Number and location of parking spaces (see Section 26.25 of the Zoning Regulations). o Lot coverage information: Building footprint, total lot, and front yard. o A list of waivers desired (if any). o All applicable information required for a site plan application shall be submitted for subdivisions involving a commercial or industrial complex, multi -family project, planned unit development, or planned residential development (please see site plan application). APPLICATION FEE ❑ Sketch Plan Application $125.00 4 14) ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) -�c� Gem 4,V4 REFERENCES 1. PLAN ENTITLED 'REVISED PLAN OF SOUTH BURLINGTON PARK, S01H BURLINGTON. VERMONT, LAVINA M. SIMPSON. OWNER.' DATED SEPTEMBER. 1944 BY ARTHUR W. HOAG. LAND SURVEYOR, AND RECORDED AS PLAN 06 IN THE CITY OF SOUTH BURLINGTON LAND RECORDS. 2. PLAN ENTITLED 'LOT REVISIONS. SUNNYVIEW II. DUMONT CONSTRUCTION, SOUTH BURLINGTON. VERMONT.- DATED DECEMBER 13, 1978 BY L. H. YAWS, AND RECORDED IN BOOK 107. PAGE 19D OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. 3. WARRANTY DEED OF GEORGE LAVIGNE AND SUSAN RYAN TO ROBERT PROVOST, DATED MARCH 28, 2005 AND RECORDED IN BOOK 703. PAGE 31 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. NOTES 1. BEARINGS ARE BASED ON MAGNETIC OBSERVATIONS AT THE TIME OF THIS SURVEY. 2. OTHER EASEMENTS RECORDED OR UNRECORDED MAY EXIST. 3. NO ENCROACHMENTS WERE OBSERVED. LOT 126-1250-00016 N/F PETER & LEE ANN GORDON B. 345. P. 88 (LOT A REF. #2) ,y LOT—1250-00016 N/FGARY SMITH B. 211. P. 124 (LOT #9. REF. #2) 2-STORY WOOD FRAME HOUSE w 1-STORY MOBILE HOME LOT 025-230-00025 N/F MICHELLE PELLETIER B. 707. P. 223 (LOT #45. REF. #I ) FC PROPERTY LINE — — RIGHT OF WAY �...r.r...r, TREELNE WIRE FENCE • IRS IRON ROD SET 46, - REF. �1) �' - - - — - - - — (LOT #- - — L---� —� 2-STORY HDFRAME OUSE / !a. �s \ S n G E C E\ s (LOT #47. REF. #I) �s E LOT #26-23D-00033 N/F DONALD & ANN IRISH B. 612. P. 130 (LOT #48. REF. #1) 20 0 10 20 40 8o SCALE IN FEET lb i s s I I 1 . FIW/ �/ PAVEDor DRIVE j 1 I OWNER OF RECORD 1 LOT #26-230-00029 I ROBOT PROVOST B. 703. P. 31 1 25.002 sq ft. 0.57 oaes I I I 60' LOCUS NDT TU SCALE RECEIVED FEB 0 2 2010 City of So. Burlington SUNSET A VENUE RENSED 12 I00 TO SHOW LOT BPROYEMIINTS BY RWB CERTIFICATION I HEREBY CERTFY THAT THE SURVEY SHONN HEREON 6 A TRUE AND CORRECT REPRMNTA71ON OF THE PARCEL BOUNDARIES DEIERIM4E3) AS NOTED HEREON AND IS ACCURATE TO THE BEST OF MY KNOKEDGE MCI BELIEF. 7M SURVEY W06S PERFORMED WITH ELBOW= TOTAL STATION SURVEY EQU11P ENT. WITH A P061TIONAL TOLERANCE CONFIDENCE LEVEL ABOVE 957E 1 FURTHER CERTIFY THAT THIS PLAT MEETS ALL THE REOUIREMENTS OF TITLE 27 V.S.A SEC110N 1403. DAZED /�M W: BELL L.S. #638 VT. rMAL rAPOLI SUIDNISM OF LA" OF DAIS: DECEMBER. 2000 ROOM PROVOST SCALE: SURVEYED STFMT 21fBY.' .rOK VERMOW BY: RMIB/iWIN SOM CHECKED BY. RWB SHEET 1 OF 1 DWG. ! S-521 RICHARD Ad" SLOF"YAW Ave 11EL1 BA RE VERMRMON�T i IN-47� C 902 70-OW EXISTING WOOD FENCE -� O N A � ova JO' MIN (SETBACK) _ LO W E- a CV 'd coCID 1-INCH ELEC CONDUIT E.• W P, a 500 GALLON SEWER PUMP Mj 'w Imo+ STATIOCQ z� PI I 4-INCH SCH 40 PVC SEWER LINE R• 4x4x4 SCH 40 O~ O PVC WYE FITTING o O E12 E- LO C%2 .7 aG \ o z a: N 13a ,— x 10' LOT #26-230-00026 - - - - N/F MICHELLE PELLETIER PROPOSED 3/4-1ACU WATER — STOPS 1 B. 707, P. 223 (LOT 145. REF. #1) EXISTING 3/4-INCH POLYETHYLENE WATERLINE J,:::,:% W Bq 0 T* oar�� 04 M P. W 0 LOT #27 REAR — �- — — ---I-II -. r-I—--- _/ - _ t EE (PARFEA' IIO P G I L—�--Ji 30 / I C4 % Na rn LOT #26-230-00099 I o g 0 a N/F ROBERT PROVOST B.703, P. 31 o °• � (LOT #46, REF. #0 \ 0 57 ACRE (25,002 SQ.FT.) \I " \ 12-INCH HIGH STONE RETAINING WALL �• \E E — E — E - LOT #26-230-00033 N/F DONALD do ANN HUSH Bi 612, P. 130 (LOT #46, REF. #I) U 0. EXISTING GRAVEL T RIMAy r'4 F T� ��ggzz�� t �_ i EXISTING t j DWELLING All •P P•,•,,i:iilll / •%ice%i- • � a PROPOSED 2-INCH } SDR-21 PVC PRESSURIZED — ; EXISTING SEWER I>r+E ADDITION �% 1� S1RICTED USE LINE (292 Avtu lWAVLU LE FRAME t COVER NEETAH R 1642 2'-2• MAX TO FIRST OR APPROVED EOUAL ADJUST TO MEET FINISH GRADE MANHOLE RUN SET FRAME CASTING ON flEl MORTAR BED t SEX4 JOINT FINISH GRADE---\ _SLOPE GRADE AWAY FROM MANHOLE N NON -PAVED AREAS ADJUST TO GRADE WTH BRICK t MORTAR AS REQUIRED. ONE COURSE MINIMUM ROM EXTERIOR t INTERIOR TO BE WATER TIGHT. (5 COURSES MAXIMUM HEIGHT) o ALUMINUM MANHOLE STEPS • u Z AT 12" 0 C NEENAH R 1982 W OR APPROVED 1.24• B PRECAST CONCRETE MANHOLE CONE (ECCENTRIC) rn EQUAL WATERTIGHT JOINT USNC AN APPROVED MASTIC -TYPE SUM TWO(2) COATS ASPHALT SEALANT OR -0- RING GASKET (EXTERIOR OF ALL JONTS WATER -PROOFING APPLIED SHALL BE RECOATED WITH ASPHALTIC WATER PROOFING AT THE FACTORY a AFTER SETTING) PRECAST CONCRETE 4I• MIN DA. SEAL ALL EXTERIOR JOINTS WATER TIGHT WITH GROUT OR BTUMASTIC MATERIAL COAT EXTERIOR OF ENTIRE MANHOLE 1,2.3,4 AND 5 BARREL: FT LENGTHS MANHOLE WITH WATER PROOFNG MATERIAL PRECAST CONCRETE MANHOLE BASE Z O z 1552 W O I m � CONCRETE FL 10 HIGHEST CROWN OF PPE Z 2• FORCEMAIN W h36• 12• 4F=LEXgkf ON CRUSHED GRAVEL BEDDING MIN RUBBER BOOT SUIT ABLE UNDIST ABED MATERIAL TO PIPE JOINT IN PLACE OR FIELD INSTALLED) (TYP.) TYPICAL PRECAST CONCRETE SEWER MANHOLE BY S.D. I LAND OR APPROVED EQUAL NOT TO SCAIE PROPOSED SEWER MAI 0 TWO (2) CAR TWO (2) CAR P GEAR CE MISTINGACOVCI (M SF) DRIVEWAY (572 Sr) OESEPlIIRR�p�P1p00�gfEp� ■ �� FY U(7ON TW�� SAE RR OR DAM SECTION 1 e)�FFI/RRI GNMGSL110YLMEM SEWAGE ERiINTR PUMPED 10 THE EIETNG 4-INCH SEWER pplgJVC[ CO/EVION Mn SEIMP Al10N i�AIaRT ASECIgM i ISM GM016 147 MJII DOSE = 3.4 RQES. IISE g47D�PyOI�ESN� �py� ��p� F1DAi SETTMK4 Aw OFF SETIwG = i NOES ABOVE RZ ALOM SETTING 12 NICHES ABOVE ROOM EMERGENCY E CAPACITY 210�WLONSS%pRI15.9 "�LIDIG/RICN - SMALL FIRM 115 INOAEpS,y�SFYT�p�14 ACHES ONE ATTCIAf R��EE ppY��EBryryII�MGLyS�OR��EILSpII OF�TIINf 11P 4iT�17O,1yEpOUMS 31 MO1[S, OIL S I AA�RN� 1�•e-DAT WIPMSSIVEY STEIIIIX MEOW 700AL4M.E�DO PSI YYEMISEALLA7�E R T 70 ME A1INwwyIVEOy�A YR I126 bN MISNT O MY AEI. nRf OE9G1 BI1>ED UPO(NP/ANRJ/EI0 NLME O" a Y1M3, AGAINSTON 1E11{YN. I8.7FAELETP.S, N�W�-IAIRLL 101 Q OORRFTPO rAlil ER1 4A"4 (PR �F 10-10.T7} USE 1-NCII OAIEIEII 1R-21 PVC FORM MIOSNTACIGINIVER PRIOR TO tPilUlEAApN AM SOLI 40 pPVCC COOECIOI 1111006. 1. LMEpPEpCIIFTIOONN OEE GUIR�E/NOWIWIL TINE DEFT TPyWE y�IAEE9IML MIll4 ENEOR %TTALR�P '700ME�INOPOO6P7M�ICyTPOffI$E THE iFE DIE@ w �TJ 10 IEEI iTf SIAIEL01' IFNNI twlMA'IEfll ►4 AS-wRT CQIRIGj_S. 2. TIE WETE PUP STATION SIRUMIRE SHALL BE a WATERTIGHT EONSINICIIOIN AND MA sIWL�E �E CINCETE VEIN [A MM1•MIr COIPEI9VE SIENCTNI ORFAp4JOO P/SS AT 7R ONS. i mYfIi,M� STMY�iX REINF I�NiL E YAIID rPI1EMMN�II�yy�REE�WIyfTIIeY E�paEAPINOYFD WALL YNI OONilclile[N TIWL E wTEiBM1Y FJASE w10 TTE ITMNM 3. ALL WDNX SINLL E DOE M AOMVpANCE NDI M STATE OF VFEI O T EINNOMIENRM. PROTECTION NRE3, dMP1ER T. M1ED SFl10OR 2R. TOOT. nim ~ NYEOSTAi1C IFAKAE TEST M POKE INN AT VOID PIE$IEE F� IIO�LEVEL �� A S. T IS TEAOR'S 1IF END EVEW ALL APPUGIwL PEAMI S AND DIRK THAT ALL KO�D `. 1cTETME3E SEWAGE EWS DEAL SSM 1M INSTALLER WILL PpOV THE DESIGNER THIN A $00 AND DATED MILS ��ED STATE NAOOObANCEW it PEO/ITFAI AND ALL OOLOTOIS4 �b 7. ECL�4TDPCTICF�DT,gWNEOEF PEDIEiY TTgSNIEDry TN�DE IMYE SU LL It ill= 3E(PERFORMANCEClf M PROI[CIION ■BLS NIA E PROYDED�O ONEWMAL G(2APHIC SCALE (w FQT) IW k- MI IL PROPOSED 3/4-INCH f BRASS TEE (NO -LEAD) t f i Nf f ISUNSET GN G AVENUE w i 1 w 1� � � I �N I co z f I S, I i TI 4-INCH I 5 PVC uNE i I i W I U _r: I VENT 24' ABOVE FNDRADE— T\+./�N ; WATER TIGHT JUNCTION BOX INLET kr I jX TIM-CH M almn LOT COVERAGES (EOSITNG PDT sm = 25.002 SQ. PT.) LOT NO COVKRAGES m03JiNG (SF) PROPOSM (SF) TOTAL AREA (SF) 27 STRIICRBIES 3.375 -0- 3175 DNVEWAYS t PARKING I,11177 -0- 1.f77 WALXWATS, PORCHES t PAWS 1.222 1.222 27 DEAR . STRUCTURES I,nI 220 1.511 DwVEWAYS t PARlRws WS3 312 1.285 WAUXWAYS, PIIRCNES t PATIOS 73 195 26111 MAX BUIDBNG COYEWAOE (SF) 4.6" 220 4,BBB MAX BUBINNG COVERAGE (%) IL7 OAB 1B3 MAX OVERALL COVERAGE (W) R391 727 l.31B MAX OVERALL COVFDAGE (Ih 34.4 2.9 37S IIBOM ENSIM — - - — APPROXIMATE PROPERTY LINE — - - — RIGHT-0E-WAY EDGE OF PAVEMENT WATER L. E s SEWER LINE c IjAS SINE L UNDERGROUND ELECTRIC x — FENCE TTWE UNE �500-__� 5' CONTOUR `496_ / V CONTOUR LIGHT SURVEY CONTROL POINT ® CATCH BASIN 1} WATER SHUT OFF DECIDUOUS TR CONIFEROUS TP9E ---�F WATER LINE —f--f— GRANTY SEWER LINE —0--0— GAS LNE E JDERGROUND ELECTRIC 1d CURB STOP • COUPLING FAST I INACf 11RH 3B• X 3• LISNROOM VENT PPE E-Z SET TAM INSET 1 AND OVER TO GRADE I R/IN PUMP SETTINGS PITH OFT = 4 INCHES ABOVE FLOOR PUMP ON = B MKS ABOVE FLOOR ALAN ON = 12 INCHES ABOVE FLOOR Ak7o Seh. BO 2• 1 1/4• GALVANIZED DISCHARGE PIPE EQO GOMM PUP BY ZOELiFIt N11P ; 4f COMPANY OR APPBOYEB EQUAL FLOAT THEE SECTION 500 GALLON PUMP STATION (BY S.D. IRELAND OR APPROVED EQUAL) NOT TO SCALE 71E OWFbS POI T6 PODER SKUL NOT BECOPIED.EARED. COP. REM D OR NT ALTERM N AMT VNNNOUf TIE OPIWSS IIIWNIFM AFFIONL AID AUnOM OF OESEOIW CO IATNG, P-C. C�oUOEa01wEa,'EOlc,rt C IIItG, P.G TI! 1E214f7w• I.c PIMA 4i7W ROBEBET PROVOST 27 - 29 BUR($ STREUr PLANNED UNIT DEN11 OPNIENr PROPOSED STEM PLAN OErAMNIdT OONEIIs �M w9c aW1102 JANUARY 27, 2010 � � l 11 �z z o d oW o za'� Lo Lo E--F CJco E-- v oz co C) EE--F d� :t O �i. OU2 W N> ax I - of to C CV oz d a LOT #26-230-00033 N/F DONALD & ANN IRISH B. 612, P. 130 (LOT #46, REF. #1) LOT COVERAGES (SQ. FT.) EXISTING MODIFIED PROPOSED (SF) TOTAL AREA SF TOTAL LOT AREA 25,002 STRUCTURES 2,970 2,970 1,284 4,254 DRIVEWAYS & PARKING 571 571 2,020 2,591 WALKWAYS & PATIOS 1.563 843 388 1,231 SWIMMING POOL & APRON 2,370 1,421 - 1,421 TOTAL 7,474 5,805 3,692 9,497 TOTAL LOT COVERAGES (%) 30.0% 23.2% 14.8% 38.0% GRAPHIC SCALE ID o ( IN FEpT ) I inch = '�A It- 0 : BUILDING FOOTPRINTS TO BE CONVEYED WITH UNITS GAtvs�td � g'fv� �o ,adc�w� l��►tl��K�tcl�.� i SUNSET AVENUE LEGEND EXIS11Nfk — — — APPROXIMATE PROPERTY LINE — — — — RIGHT-OF-WAY EDGE OF PAVEMENT w WATER LINE s SEWER LINE c GAS LINE c UNDERGROUND ELECTRIC • — FENCE TREE LINE 5' CONTOUR I. CONTOUR 0 LIGHT A SURVEY CONTROL POINT ® CATCH BASIN ( DECIDUOUS TREE DECIDUOUS TREE PROPOSED: ■ WATER LINE ■ GRAVITY SEWER LINE 0 GAS LINE E UNDERGROUND ELECTRIC (f CURB STOP REFERENCES 6 z a 0 0 a 'r m z 0 Y z J z z cT� 0 z a J a a G o- U 1. PLAN ENTITLED "REVISED PLAN OF SOUTH BURLINGTON PARK, SOTH BURLINGTON, VERMONT, LAMINA M. SIMPSON, OWNER," DATED SEPTEMBER, 1944 BY ARTHUR W. HOAG, LAND SURVEYOR, AND RECORDED AS PLAN #6 IN THE CITY OF SOUTH BURLINGTON LAND RECORDS. 2. PLAN ENTITLED "LOT REVISIONS, SUNNYVIEW II, DUMONT CONSTRUCTION, SOUTH BURLINGTON, VERMONT." DATED DECEMBER 13, 1978 BY L. H. WILLIS, AND RECORDED IN BOOK 107, PAGE 190 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. 3. WARRANTY DEED OF GEORGE LAVIGNE AND SUSAN RYAN TO ROBERT PROVOST, DATED MARCH 28, 2005 AND RECORDED IN BOOK 703, PAGE 31 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. NOTES 1. BEARINGS ARE BASED ON MAGNETIC OBSERVATIONS AT THE TIME OF THIS SURVEY. 2. OTHER EASEMENTS RECORDED OR UNRECORDED MAY EXIST, 3. NO ENCROACHMENTS WERE OBSERVED. I r, --_--_ LOT #26-1250-00016 N/F PETER do LEE ANN GORDON B. 345, P. 88 (LOT #8, REF. #2) LOT #26-1250-00018 N/F GARY SMITH B. 211. P. 124 (LOT #9, REF. #2) .r - LOT #2 9 9 SQ. FT. Zo 0 22 ACRES 3Ya7 3+ Cm v N 83'14'02" 1► I. .S. �w 86.08' UTILITY EASEMENT/ I FOR CONSTRUCTION AND MAINTENANCE OF LOT #2 UTILITIES I I I I k-1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING THIS PLAT HAS BEEN ACCEPTED AND REVIEWED BY THE CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD THIS _DAY OF . 2010 BY CHAIRPERSON LEGEND PROPERTY LINE RIGHT OF WAY TREELINE -X - x X WIRE FENCE • I.R.S. IRON ROD SET LOT #26-230-00025 N/F MICHELLE PELLETIER B. 707, P. 223 (LOT #45, REF. #1) M T V20O7 I I I I Y . S 83-/4'07" If 20WIDE ACCESS AND UTILITY EASEMENT - - ---u- _ � o ylw 1r 120, LOT #26-230-00033 N/F DONALD do ANN IRISH B. 612, P. 130 (LOT #48, REF. #1) 18 20 0 10 20 40 80 SCALE IN FEET w L❑CUS NOT TO SCALE SUNSET A VENUE 2-STORY I WOOD FRAME HOUSE LOT #1 ° p 15459 SQ. FT. 0.35 ACRES s REVISED 2/27/12 TO SHOW LOT LINE REVISION AND EASEMENT RWB w I REVISED 9/20/10 TO SHOW PLANNED UNIT DEVELOPMENT RWB REVISED 12/2/09 TO SHOW LOT IMPROVEMENTS BY RWB CERTIFICATION - I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON IS A TRUE - - I AND CORRECT REPRESENTATION OF THE PARCEL BOUNDARIES DETERMINED AS NOTED HEREON AND IS ACCURATE TO THE BEST 1�1 OF MY KNOWLEDGE AND BELIEF. THIS SURVEY WAS PERFORMED WITH ELECTRONIC TOTAL STATION SURVEY EQUIPMENT, WITH A I POSITIONAL TOLERANCE CONFIDENCE LEVEL ABOVE 957.1 FURTHER "GARAGE/ 1 CERTIFY THAT THIS PLAT MEETS ALL THE REQUIREMENTS OF OFFICE" CONCRETE 1 i I TITLE 27 V.S.A. SECTION 1403. DRIVE ('07" i• - - • I I,R.S. DATED _� R• �� RIC RD W. ELL C.S.#638 VT. 0 COPYRIGHT 2009 OWNER OF RECORD I I PROJ. #09521 PLAT OF LANDS OF LOT #26-230-00029 DATE: DECEMBER, 2009 ROBERT PROVOST ROBERT PROVOST I I SCALE: 1"=20' 27-29 BIRCH STREET B. 703, P. 31 I SOUTH BURLINGTON, VERMON' 25,002 sq.ft. I SURVEYED BY: RWB/TWW 0.57 ocres I CHECKED BY: RWB SHEET 1 OF 1 DWG. S-521 RE E' I " ,OF1,11\11111111 V,,,,,, o"PEE I,eRy�; RICflARlJ Or g&XLL yJL r23 Nlf3 ' `RICHARD .SuRlEnviC, me a - BELL - W. 297 SOUTH MAIN ST. NO. 638 BARRE, VERMONT 05641 f�1 ' Cityof So. Burlington `M"�Dnnnuww•"" EMAIL RB 7"26HARTERI2-793 5037 LAND i 802-479\9282 C 802-793-5037 oOo,,,,min "110, ° ( t { S 87'05' E S 88'13' E N 01'58' E N 88'13' W 9.1' 43.11.7' 5.5' S 01'58' W 1.7' S 01'58' W N 0421' E 20.5' 64.7' N 02'55' E S 88'02' E 19.5' 3.7' N 02'40' E 19.5' 1158, W 6 9 N 02'01' E N 87'05' W 3.6' 9.0' N 88'02' W S 87'31' E 3.7' 5.9' S 88'02' E N 02'01' E S 02'01' W 2.6' 18.9' 18.9' S 01'S8' W 22.3' N 88'02' W 5. 1' N 04'21' S 01'58' W 7. 7.2' N 87'31' W TlJ 5 9' S 87'04' E 10.9' N 87'05' W N 88'02' W /7A 43.9, 5.1' S 06'40' W S 06'40' W 20.6' 21.5' N 82'53' W 22.0' N 07'07' E S 82'30' E 2.6 S 82'53' E 10.9, 28.4' N 07'07' E / 13.3' N 82'53' W / 22.0' / N 07'07' E 7.3' S 82'53' E 7.0' N 07.07' E N 82'53' W 8.5' 28.4' UNIT 1 10 0 5 10 20 40 SCALE IN FEET S 07'07' W 24.3' i 04.21' W 1.0.8, 1 85'39' W 1.1' S 0421' W 10.3' J 85'39' W I..1' 5'39' W 1' E 14.0' UNIT 2 10 0 5 10 20 40 SCALE IN FEET PROJ. If 16955 PLAT OF LANDS OF 27-29 BIRCH STREET COMMON INTEREST COMMUNITY SOUTH BURLINGTON, VERMONT DATE: APRIL 2017 SCALE: i"=10' SURVEYED BY: RWB/TWW CHECKED BY: RWB SHEET 2 OF 2 DWG. # S-955 ,,• <E OF.. VeRy'•.,, RICZ14" X MLL y ""'• „:, L.IND SIJAWYM9 INC. RICHARD' W, `- a = BELL _- 297 SOUTH MAIN ST. \ �N0. 63vv� �.1,,,'•a,802-479-9262 BARRE, VERMONT 05641 C 802-713-5037 LAND nnoa`• EMAIL RBELLLSGRBELL-LANDSURVEYOR.COM J J in 3 0 x Q U Of REFERENCES 1. PLAN ENTITLED "REVISED PLAN OF SOUTH BURLINGTON PARK, SOTH BURLINGTON, VERMONT, LAVINA M. SIMPSON, OWNER," DATED SEPTEMBER, 1944 BY ARTHUR W. HOAG. LAND SURVEYOR, AND RECORDED AS PLAN #6 IN THE CITY OF SOUTH BURLINGTON LAND RECORDS. 2. PLAN ENTITLED "LOT REVISIONS, SUNNYMEW II, DUMONT CONSTRUCTION, SOUTH BURLINGTON, VERMONT," DATED DECEMBER 13, 1978 BY L. H. WILLIS. AND RECORDED IN BOOK 107, PAGE 190 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. 3. WARRANTY DEED OF GEORGE LAVIGNE AND SUSAN RYAN TO ROBERT PROVOST, DATED MARCH 28, 2005 AND RECORDED IN BOOK 703, PAGE 31 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. NOTES 1, BEARINGS ARE BASED ON MAGNETIC OBSERVATIONS AT THE TIME OF THIS SURVEY. 2. OTHER EASEMENTS RECORDED OR UNRECORDED MAY EXIST. 3. NO ENCROACHMENTS WERE OBSERVED. Approved by resolution of the Development Review Board, The City of South Burlington, Vermont on the day of subject to the requirements of said conditions of said resolution. Signed this day of . by Chairman or Clerk A c 83`14'07" 1114,00 f SOT #26-1250-00016 V/T PETER & LEE ANN GORDON B. 345, -. 88 (LOT #A, REF #2) REAR HOUSE i #27 BIRCH S 1440 sq. ft. 0 z UNIT #2 AT #26—' 250-00018 LIMITED N/F GARY SMITH ,7 r M AREA B 211, P. 124 -OT #9. REF. #2) i UMT *2 V 1.?0.00' ,....� U-iLITY EASEMENT FOR CONSTRUCTION AND MAINTFNANCF OF UNIT #2 UTiLITIFS LCT #26-230-00025 N/F MICHELLE PELLETIER B. 707, P. 223 (LOT #45, REF. #1) IN LEGEND ' 1 - _ { South ` — — — — PROPERTY LINE 4 BUl'jltlblVri — — — RIGHT OF WAY TREELINE X X X WIRE FENCE ; 1 „t i •' • I.R.S. IRON ROD SETS W WATER LINE SITE r A S SEWER FORCE MAIN r G GAS LINE r _ E ELECTRIC LINE F" �0 S 88" 14'07" E 20' WIDE ACCESS AND UTILITY EASFh4Er T I TO tM4IT 02 �' I I I a.f u.m•- jaw I I _ w #27--29 BIRCH ST. FRONT HOUSE 182 3q. ft. i 1953 so. ft. LIMITED COMMON AREA`\125 sq. R. UNIT �1 DIVISION LINE \ / St-ED--- —��' 40 sq, ft I RRFF7FWAv � 172 sq. ft. OWNER OF RECORD iOT #26-930-00D33 LOT #26 230 00020 N/F DONALD & ANN IRISH ROBERT PROVOST D. 612, P. 130 D. 703, P. 31 (LOT #48, REF. #1) 25,002 sq-ft. 0.57 acres 20 0 10 20 40 80 SCALE IN FEET vr41T #1 LIMITED C� MMOM REA ro � O 0 i DRIVEWAY I.R.S LOCUS NOT TO SCALE CERTIFICATION I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON IS A TRUE AND CORRECT REPRESENTATION OF THE PARCEL BOUNDARIES DETERMINED AS NOTED HEREON AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. THIS SURVEY WAS PERFORMED } WITH ELECTRONIC TOTAL STATION SURVEY EQUIPMENT, WITH A POSITIONAL TOLERANCE CONFIDENCE LEVEL ABOVE 957.1 FURTHER CERTIFY THAT THIS PLAT MEETS ALL THE REQUIREMENTS OF TITLE 27 V.S.A. SECTION 1403. DATED RICHARD W. BELL L.S. #638 VT. PROJ. #16955 PLAT OF LANDS OF DATE: APRIL, 2017 27-29 BIRCH STREET SCALE: 1"=20' COMMON INTEREST COMMUNITI SURVEYED BY: RWB/TWW SOUTH BURLINGTON, VERMON' CHECKED BY: RWB SHEET 1 OF 2 DWG. # S-955 .. 1,1,OF V ,. PSEe,a,°..... MORICXARD X BELL RICHARD'a L4ND SURVry1)VC, live BELL 297 SOUTH MAIN ST. 638 BARRE, VERMONT 05641 EMAIL RSEWSOCHARTERINTERNET.COM A 802-47N9262 C 802-793-5037 um„pnwa' No Text SUBJECT HEADINGS are bold, italic, capitals, and double -underlined Orientation to text from the Interim Zoning Bylaw or other city documents, or review criteria, are underlined. Text excerpted from the Interim Zoning Bylaw are bold italic Text excerpted from other City ordinances are in regular italic Staff comments are in normal text. Robert L. Provost, hereafter referred to as the applicant, is seeking conditional use approval under Interim Zoning to subdivide a 0.57 acre lot developed with two (2) single family dwellings into two (2) lots, 27 Birch Street. City Planner Cathyann LaRose and Director of Planning & Zoning Paul Conner, referred to herein as Staff, have reviewed the plans submitted on February 29, 2012 and have the following comments: Interim Bylaw Section /it. Limitations on Land Development Within the areas affected by this Interim Bylaw, the following shall not be allowed. A. New Planned Unit Developments. B. New subdivisions. C. New principal buildings that require site plan approval. D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)- (e) of the South Burlington Land Development Regulations. The application is for a proposal to subdivide a 0.57 acre parcel of land currently developed with two single family homes. No new buildings or other construction are proposed as part of this application. The proposed development is subject to the Interim Zoning Bylaw under subsection (B) above. The proposed development does not qualify for an exemption under Section III of the Bylaw as it includes a new subdivision. 2 Interim Zoning Bylaw Section VI: Review of Applications The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The applicant has submitted an application for Conditional Use approval by the City Council pursuant to this section. As such, the City's Administrative Officer warned the public hearing scheduled for May 14, 2012. Pursuant to Section VI of the South Burlington Interim Zoning Bylaw, adopted Februar rL22, 2012, authorization by the City Council shall be -granted upon a finding by the Council that: The proposed use is consistent with the health, safety, and welfare of the municipality. The law is well settled that municipal zoning ordinances are constitutional in principle as a valid exercise of the police power when reasonably related to public health, safety, morals, or general welfare. City of Rutland v. Keiffer, 124 Vt. 357, 359, 205 A.2d 400, 402 (1964); see also Galanes v. Town of Brattleboro, 136 Vt. 235, 240, 388 A.2d 406, 410 (1978). However, references in an ordinance to the "public health, safety, and welfare" of the municipality are not adequate standards in that they fail to provide both adequate guidance to the reviewing body and fair notice to landowners. See Town of Westford v. Kilburn, 131 Vt. 120, 123-125, 300 A.2d 523, 525-526 (1973); see also In re Handy, 171 Vt. 336, 344-345 and 347, 764 A.2d 1226, 1235-1237 (2000). For these reasons, the City Council does not conduct a separate review of applications under this standard in 24 V.S.A. section 4415(d) and Section VI of the Interim Bylaw. Interim Zoning Bylaw Section VI(a): The proposed development shall not result in an undue adverse effect on the capacity of existing or planned community facilities, services, or lands. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. Community Facilities & Services: • Schools & Education: The proposed subdivision will not change the number of students in South Burlington schools. Highway Capacity & Maintenance: The proposed subdivision will have no affect on highway capacity or maintenance. The application proposes to subdivide a lot which currently contains two single family homes. No additional development is proposed as part of this application. • City Hall & Services: The proposed development will not change demands on city hall or services. • Fire /EMS Facilities & Services: The proposed subdivision will have no affect on 3 Fire/EMS Facilities and Services. The application proposes to subdivide a lot which currently contains two single family homes. No additional development is proposed as part of this application. • Police Facilities and Services: The proposed subdivision will have no affect on police facilities or services. The application proposes to subdivide a lot which currently contains two single family homes. No additional development is proposed as part of this application. facilities or services. • Water & Sewer Facilities: No new buildings are proposed. • Stormwater Facilities: No new buildings are proposed • Library Facilities & Services: The proposed subdivision will not change the number of users of the library. • Recreational Facilities & Services: The proposed subdivision will not change the number of users of the city's recreational facilities or services. • Housing & Affordable Housing: The proposed subdivision does not propose any additional buildings or homes. Community Lands • Open Space. The proposed development does not alter the amount of open space on the property. No construction or additional impervious surfaces are proposed as part of this application. • Primary Agricultural Soils: In Vermont, regulated soils under Act 250 include both those classified as "prime" and those classified as "statewide." In making a determination of whether these soils are to be regulated, a site is reviewed to determined current use, agricultural viability, and adjacent uses. The basic classification of soil types does not account for whether the land is developed or not. In South Burlington, the significant majority of all land includes a basic classification of containing either "prime" or "statewide" soil types. • No construction or additional impervious surfaces are proposed as part of this application. • Form Based Codes: No form based codes are under consideration for this parcel. • Travel Corridors: The proposed subdivision of land will not affect any planned travel corridors. Interim Zoning Bylaw Section W(b): The proposed development shall not result in an undue adverse effect on the existing patterns and uses of development in the area. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. Type of development: • The application is for a subdivision of land, with no additional buildings proposed. No additional principal dwelling units would be permitted under current regulations. The home at the front of the parcel currently contains an accessory dwelling unit. C! Orientation of development There are no new proposed buildings. Scale of development The existing development consists of two single family homes which currently share a single lot. No changes in scale are proposed. Interim Zoning Bylaw Section VI(c): The proposed development shall not result in an undue adverse effect on traffic on roads and highways in the vicinity. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. There is no change in effect on traffic on roads and highways in the vicinity as a result of this proposal to subdivide the land. As previously stated, no additional dwelling units or construction are proposed. Interim Zoning Bylaw Section VI(d): The proposed development shall not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. Limitations of the site or area: The site in question does not appear to have any environmental limitations (wetlands, steep slopes, shallow depth to water tables). Significant Natural Resources: The site in question does not appear to have any significant natural resources (wildlife habitat or corridors, rare tree stands, etc.). There appear to be no adjacent connected significant natural resources and no changes in building coverage or construction are proposed. Interim Zoning Bylaw Section VI(e): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. Utilization of renewable energy resources on site: The proposed development does not include renewable energy production on site. 5 Utilization of renewable energy resources off site: The proposed development does not appear to preclude the use of renewable energy by adjacent properties. Though the buildings are close together and could conceivably affect site lines for other properties, they have already been constructed and are not part of this application. Interim Zoning Bylaw Section W f): The proposed development shall not result in an undue adverse effect on municipal plans and other municipal bylaws, ordinances, or regulations in effect. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. South Burlington Comprehensive Plan Goals (adopted March 9, 2011) Comprehensive Plan, page 7. Regional Cooperation: "Through reciprocal cooperation with neighboring towns, regional agencies and entities with regional influence, the City plans to promote economical and efficient administration of certain public services including water supply, fire and police protection, transportation, parks, water quality improvement, and waste disposal. In addition, the City recognizes its role within a larger regional context and shall plan in cooperation with neighboring municipalities and other towns in the region." The proposed subdivision is located within an existing developed area and involves no new construction. Comprehensive Plan, page 7: City Identify & City Center: The City shall strive to establish a vital and dynamic focal point consisting of residential and commercial uses and public spaces in the Dorset Street area. This City Center shall welcome travelers to the City and provide an exciting area for residents and visitors to live, work, shop and recreate. It is a goal of this City to strive to establish a vital and dynamic focal point consisting of residential and commercial uses and public spaces in the Dorset Street area. This City Center will welcome travelers to the City and provide an exciting area for residents and visitors to live, work, shop and recreate. The proposed development is not located within the City Center area. • Comprehensive Plan, page 7. Population & Balanced Rate of Growth: It is a goal of this City to promote through appropriate growth management techniques a reasonable rate of population growth and development to ensure a vital and healthy community. The proposed subdivision is located within an existing developed area and involves no new construction. No changes in population would be expected from this subdivision. • Comprehensive Plan, pages 7-8: Quality Environment. The City plans to protect the LIS C aesthetic quality and maintain the diversity of the living environment, both natural and man-made, through open space preservation; minimized view disruption; acquisition of adequate Lakeshore properties, protection of watercourses, wetlands, and wildlife habitats, requirements for landscaping, buffers, and setbacks; protection for historic and cultural resources; and maintenance of ample outdoor recreation facilities. Both fiscal and statutory resources shall be used to this end. Comprehensive Plan, page 8: Land Use Distribution: The City shall encourage a land use pattern generally consisting of a higher density, compact urban core in the Dorset Street/Market Street area (i.e., proposed City Center), continued investment and growth in the City's existing developed corridors (i.e., Shelburne Road and Williston Road corridors), and generally decreasing densities and less intensive uses toward the more rural communities to the south and southeast. The City shall strive to maintain an appropriate balance between residential, commercial and industrial development and open space and natural resource preservation. • Comprehensive Plan, page 8: Open Space Planning: It is a goal of this City to promote the conservation and restoration of its natural resources in planning for the City's future while allowing for the City's continued growth as an urban center. No new construction is proposed as part of this application. Therefore, the above criteria are not applicable at this time. • Comprehensive Plan, page 8: Housing: Shelter is a basic need and providing for housing is a fundamental element of the Plan. The availability of quality housing, and quality affordable housing, is important in attracting and retaining a qualified work force. Existing and developing residential neighborhoods shall be identified and protected through appropriate zoning and responsible site planning. The proposed development does not include any new housing. • Comprehensive Plan, page 8: Schools: It is a goal of this City to provide a quality education system through its public school system and promotion of other public and private educational programs. The proposed subdivision does not include housing or other demands placed upon schools. • Comprehensive Plan, page 8: Recreation: A goal of the City is to provide for the varied recreational needs and interests of its citizens by providing areas and facilities for passive recreation, active sports, cultural and educational programs. The proposed subdivision does not include any recreation facilities. • Comprehensive Plan, page 9: Economic Development: The City will promote a stable and orderly rate of economic development in order to maintain existing jobs and 7 Ll l provide new employment opportunities. The City will remain aware of the substantial secondary effects of this development, such as increased demand for new housing, more numerous and extensive municipal services, and potential environmental degradation, and work to properly address such effects. Comprehensive Plan, page 9: Transportation: It is a goal of this City to improve and expand all modes of transportation including private automobile, public transit, air, rail, biking, walking, ride sharing and private sector involvement. Such expansion and improvement shall be consonant with equal access for all income levels and abilities, reasonable costs, orderly and continued economic growth, existing and proposed land use, the fixed supply of land, the increasing cost of energy, and other goals of this plan. • Comprehensive Plan, page 9: Public Utilities & Services: It is a goal of this City to provide quality public and quasi -public utilities and services to all residents and businesses in a manner that is efficient, cost-effective and environmentally sound. • Comprehensive Plan, page 9: Land Use through Zoning: The City plans to zone land for its best use, taking into consideration the physical nature of the land, the economics of its development, its relation to existing uses, and the needs of the community as a whole. The proposed subdivision will not have any affect on economic development, transportation, or public utilities and services. Land Development Reaulations (amended January 9. 2012 It is unclear if the proposed subdivision of land creates conforming lots in accordance with bylaws currently in affect. Sufficient information has not been provided to assess this. The Council may wish to request dimensional information prior to issuance of any decision on this application for subdivision. Staff recommends that the Council include a condition in any approval of this proposed development that the applicant must receive approval from the Development Review Board prior to issuance of a zoning permit. All other citv ordinances Staff recommends that the Council include a condition in any approval of this proposed development that the applicant must receive all other applicable permits prior to issuance of a zoning permit. Staff has reviewed the proposed development for consistency with the Interim Zoning Bylaw review standards. The City Council is encouraged to examine the proposed development L-13 I against each of these standards and staff analyses. The Council should feel free, as well, to consider and discuss any analysis of the standards not considered by staff in this review. For ease of use, staff has prepared a short summary of key discussion items for the Council under this application. • The proposed subdivision may not comply with bylaws in effect, specifically the South Burlington Land Development Regulations. The Council may wish to request more information in this matter prior to issuing a decision. Respectfully submitted, Paul Conner, AICP, Director of Planning & Zoning Cathyann LaRose, AICP, City Planner R7 Py� southbuli igtoll V E R M 0 N T July 18, 2012 Re: #IZ-12-03, 29 Birch Street Dear Mr. Provost: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the City Council concerning your recent application. If you have any questions, please contact me. Sincerely, Kimberly L. urray, AICP Development Coordinator City Manager's Office Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 4740 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburi.com southbw.=1.1.1 g x. () , PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Interim Zoning Application #IZ-12-03 (29 Birch Court) DATE: June 18, 2012 City Council meeting Last month the Council opened a public hearing on the proposed subdivision of an existing lot containing a PUD into two lots at 29 Birch Court from Mr. Robert Provost. The applicant and neighbors provided testimony and the hearing was continued to June 18f. The applicant has provided a narrative of how they believe they meet the Interim Zoning review criteria in accordance with the guidance prepared by the City Attorney. It is included with this memo, as is supplemental information that the applicant requested be shared with City Council. The applicant is expected to be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com l 6/8/2012 To: Paul Conner Director of Planning and Zoning City of South Burlington, Vt. RE: Robert Provost Interim Zoning Application #ZP-12-03 29 Birch Street, South Burlington, Vt. Dear Mr. Connor As per your request, I would like to submit additional comments regarding the impact of this application on the proposed permanent by-laws presently being studied by your City Council. In reviewing the "PURPOSE" of your Interim Zoning bylaws, I would offer that this request for sub- division would have no impact on the direction of your new plan since no new units are proposed. Both dwelling structures already exist. The intent of the sub -division is merely to change the already approved PUD to fee simple as a means for a cleaner conveyance of property if and when sold or financed. The existing structures are in an area close to South Burlington High School, provide for "infill" housing, and utilized the allowable density without changing the character of the area. The construction on this former "double Lot' actually moves in the direction of your purpose statement and should have no impact whatsoever. Hopefully, this answers any concerns you may have, and that you look favorably on my request. Thank You for your time and consideration. R pectfully, Robert L. Provost WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS that SHAWN M. LACEY and ALISON D. LACEY of New Smyrna Beach in the County of Volusia and State of Florida, Grantors, in the consideration of TEN AND MORE Dollars paid to their full satisfaction by GEORGE LAVIGNE of Burlington in the County of Chittenden and State of Vermont and SUSAN RYAN of Williston in the County of Chittenden and State of Vermont, Grantees, by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantees, GEORGE LAVIGNE and SUSAN RYAN as tenants in common, and their heirs and assigns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Two parcels of land with dwelling and other improvements thereon, the dwelling house being known and designated as 27-29 Birch Street, South Burlington, Vermont. Being parcels of land known as lots number 46 and 47 as shown on a plan of South Burlington Park recorded in Boost 11-1 at'Pap 172'. Said lot number 46 is more particularly described as follows: 60 feet, more or less, on Birch Street so-called; lot number 47 is more particularly described as follows: 52 feet, more or less, on Birch Street so-called. Said lots number 46 and 47 extend in a westerly line from Birch Street 223 feet, more or less, as shown on the plan. Being all and the same land and premises conveyed to Shawn M. Lacey and Alison D. Lacey by Warranty Deed from Franklin C. and Jeanette T. McCaffrey dated September 27, 1991 and recorded in Volume 311 at Pages 170-171 of the City of South Burlington Land Records. Reference is hereby made to the above mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, GEORGE LAVIGNE and SUSAN RYAN as tenants in common, and their heirs and assigns, to their own use and behoof forever; And we the said Grantors, SHAWN M. LACEY and ALISON D. LACEY for ourselves and our heirs, executors and administrators do covenant with the said Grantees, GEORGE LAVIGNE and SUSAN RYAN and their heirs and assigns, that until the ensealing of these presents we are the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and we do hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, we hereunto set our hands and seals this 17th day of April, 1992. In Presence Of: SHANPI W. LACEY qRi _ -' J —_ ....,.. — ._. .+. ua.5—, i...uiili A4w".V1 ua. Reference is hereby mac( o the above mentioned instrumen( the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, GEORGE LAVIGNE and SUSAN RYAN as tenants in common, and their heirs and assigns, to their own use and behoof forever; And we the said Grantors, SHAWN M. LACEY and ALISON D. LACEY for ourselves and our heirs, executors and administrators do covenant with the said Grantees, GEORGE LAVIGNE and SUSAN RYAN and their heirs and assigns, that until the ensealing of these presents we are the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and we do hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, we hereunto set our hands and seals this 17th day of April, 1992 In Presence Of: 91 y,Rne witne STATE OF VERMONT CHITTENDEN COUNTY, SS. SHAWN-U. LACEY O ACEY By: Peter M. Collins, Attorney -in -Fact by Power of Attorney dated 4/8/92 At Burlington, in said County, this 17th day of April, 1992, personally appeared Peter M. Collins, as attorney -in -fact for SHAWN M. LACEY and ALISON D. LACEY, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of SHAWN M. LACEY and ALISON D. LACEY. Before me C IJ �� PMC:kd:639 Notary Public Revised 412012 Interested Persons Record and Service List southbur iDgoam VCf M11C:T Under the 2004 revisions to Chapter 117, the Appropriate Municipal Panel (AMP) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The AMP must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the AMP must be mailed to every person or body appearing and having been heard by the AMP. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: V\aw Iy, 2.OIZ, PLEASE PRINT CLEARLY! NAME EMAIL ADDRESS MAILING ADDRESS PROJECT OF INTEREST L�� 1f 2w i I�nl l�'l ?,w j /`QGS� �Uw 1C �, �i a—I'� li�,C' ��, g.✓�. �� J / �� ► ��' �'✓ ��! 1 �� 12-'i l �2i�01. ( (at 1 � 1CO Nt'a'-1 � �� -r <5 . R. t7,e1. Ok Mai, CA c-M K aq i IZcI� 5-r Y-14 q-3 sowq Ave MIA tW/Z,_ fM 0 5, �6ft4x c5c� No Text Vr f ',�2 t i •: C ,la- M.—AAA—mm um 1 4^if '},5 ` ...... . . low G` ` Wi '- A •d�'y r• �E :-s'[s f it=.;.__ �"' n.t` �` •r*;�.J—T�x�� ;N 'T= !'6: ; �•.+t'��i .n� � �+�",��`�-'�;,` ; , - _. �.., � - - _ 'vim ��'` 4 ,•;�'1-' :,"3{`-'- �q�.;�..�d s '+�r'•�,,, •.s. aR.:_� _. < i - ' it ..,- : may"•. `n . " 5/14/2012 Robert Provost Application for 2 lot sub -division 29 Birch Street, South Burlington, Vt. Lot coverage calculations: Front lot size 15,459 Sq. Feet (.35 Acres) Buildings..........................................3114 sf (20%) Parking, driveways, patio, walks.... 2874 sf 5/14/2012 (19%) Rear Lot size 9,529 sq. feet (.22 Acres) Buildings......................................................863 sf ( 9% ) Parking, driveway, patio, walks..................529 sf ( 6% ) all r LOT COVERAGES (SQ. FT.) E818'mr PROPOSED TOT -I. 70TAL LOT MG STI. UKI 4 OWMArS a PASESIS 7.m } *"ROAn a 4,45�55 mmHg ram a ANION 0 REnwl. TOTAL 75g4 TOTAL LOT OO.caALS M 30.4 GRAPHIC SCALE wr-�1 1 � 1 City N1q�° off• B�Nin9ton i 4 SUNSET i AVENUE I 1 � L10O F umm...aas �j I Ina U — . w p ara a.m i.. w wm oEOAas vw i• OEaoutu5 SILL I.�ItJO uv u. muDpo.= SrM PLAN Publl*c Not'iaces PUBLIC HEARING • SOUtH BURLINGTON'CiTiCoUNPL,' the Sofitb Burlington dty Counti)' will hold -a public ;hearing in the South` Burlington City Hall Confer- ence Room, 575 Wrset street, so uthI BL rlington, vermo' n' t on May- 14, 2012 at 4r00 l? M, to consider, the :feattawipg: • Inteft zoning application" # IZt;.2- a3 of #%dii�de a, 0.57 tt`tf c� dispis# v�lth two (2) single larr>i11r'di4ettingsintotwb (2)'lots, 27 Birch Street. -: tr►terim-zo ing application04 of Larry A Leine Wllilarns. to, amend a planned unit develop- ment consisting of a six (6) lot sub- divislo6. The art endrnent consist$ of resubdividingthe six(6) lots 106 10 lots for a totol of Il units, 1530 Dorset Street, 'Rosanne Greco; Chair, • s©uth'Erirr}ir%i6n City Council, -Copies of the'applicatlons are avail-. able for public• inspection_ at the South Burlington City Hall..Partl€i» patiort in the local proceodirfg is a prerequlsite to the right to,taiCeany- ubsequent appeal. ; `Aprit 26, 2012 So. Burlington's The Other Paper Charlotte Citizen* Shelburne News Stowe Reporter • Valley Reporter Waterbury Record ,Williston ObseNer .�.____. � ,•�� ______.�_�_ The Other Pgper « www.otherl Classi*fieds, TAG SALE MOVING SALE: Saturday, April 28, 9 am-4 pm, 129 Country Club Drive East, S.B. Household goods, books, -antiques. GARAGE SALE: Saturday, April 28, 9 am, 159 Hayes Avenue, SB. GARAGE SALE. 79 Bower Street, SB, in Dorset Farms. Household goods, furniture, toys, etc. Satur- day, April 28, 8 am to 2 pm. MOVING SALE: Both common household and high end items available: 864-7750. (04/26) "HUGE" SEMI ANNUAL PTO TAG SALE: Orchard School in SB to Benefit SLIMY (Sustainable Liv- ing Initiatives Motivating Youth). 2 Baldwin Avenue (behind The Goodwill on Shelburne Road) Fri- day, May 4, 4-7 pm and Saturday, May 5, 8 am-2 pm. 863-3395. LOST LOST CAT: Maine Coon/Tiger Cat. Missing since 4/ 16/ 12. Eld- erly couple heart -broken. $100.00 reward: If you have seen this cat, please call 802-355-5535 and leave a message. WANTIED Donations of GARDEN TOOLS in good repair for new gardens, at Chamberlin School. We are look- ing for spades, hoes, rakes, trow- Fihes ooioi -Ovwg Cciinmu-• 11 aiityuxrvz:Bi)xlin n• rs; & be' irom'apait= metits. Rerit MCltrt e8 ati i trues ; t7'p#6n 9, l hdng aria : health �eYv pee; , +CtJ3�nxrit nli r o eery t+ednesi ay at i2s30 ' ' 8,65-tfi09" Road). No tools or experience is needed. For more information contact Margaret Skinner at 656- 5440 or check out the website www.branchoutburlington.org. FOR SALE APPLE AIRPORT EXTREME: 802.11n. Latest generation. New. $150. 777-1956 (04/12) , AC: Kenmore Air condition, al- most new, 12000BTC cooling ca- pacity, remote control, E-Z out fil- ter, adjustable multi -speed cool- ing and air direction, quiet opera- tion and efficient cooling, $150 or bestoffer:862-7791(04/12) - BOWLING BALL: Ladies, 13- pound ball. Color green, carrier included. $20.864-4431 (04/12), COUCH: Excellent condition. 7ft 2' long upholstered Victorian style sofa by Lane. Has 1 (no seams) seat cushion. Maroon tex- tured -fabric, flared ends/side arms. Like new-$350 or best offer. 363-3133 (04/12) els, etc... Donations can be- - dropped off at the .ChamberlinDRESSER: Solid hardwood, 5 spa - School Main Office during school - cious drawers with gingham hours. - Contact Kathy. ),Murphy knobs, solid wood drawer sides (kmurphy@sbschools.net) if you with full extension glides, front and have tools, to donate and need_ us-. sides have sc> oll detail -carving at to pick them up. (04/12) top and beading trim at the bot-. WANTED: College students and tom Color vanilla cream Excellent recent post grads looking forvalu- able experience working with sports and recreation, people with -disabilities and/or non- profit management may wish to apply to one of the many intern- ships that Vermont Adaptive Ski andSports has available this sum- mer. The internships are impor- tant to successfully run the larg- est year-round'disabled sports non-profit organization in the state, andVermontAdaptive's staff is seeking individuals with a di - condition. $250 or best offer. 656- . 2524leave message. (04/12) GAME TABLE- 788 swivel 3-in-1 combo table classic sport 7' model #X0679--billiards; air -powered hockey, table tennis. 864-7750 (04/ 12) IPOD TOUCH: 2n' generation. 32GB. Very good condition. ' $100. 777-1956(04/12) . ITEMS: Red leather slipcover sofa from Town and Country. Slight pridsl6n wiark. Nt blower..$75; 3 swivel stools. $10'each, 3 roun stools. $8 each; Roll top d 864-8229. (04/ 19) KING SIZE BED Frame, i box -springs, 2 complet, sheets, 2 complete comfl and 2 king size (pillov used). Excellent conditic 448-3431(04/26) MATTRESS AND BOX: Bi in plastic. Therapeutil model.'Able to deliver. $: 3431(04/26) OUTBOARD MOTOF HONDA 5HP 4-stroke rope start outboard mo new with approximately EMP 41I!'!k*�IFJI1i4�M Restaur, Denny's is see Nee Looking Exci (Salary de, people w are r and have expe 'Sent 11 S1 was r ago 'ANC, Boom i ■■■ o■� i 111 long I son r,How us. now p) i 'i f 1 • ~ j`51 I_ f�i �y ill %kjp 1,11,ki4k Lj a. • 1 a' xy„ E CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE . I hereby certify that on this P5P1 day of A 201, , a copy of the foregoing lmfi+twwsv*•� [type of application] # IV--11-03 [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) sa .gt-- Dated at Fsse* kmetien, Vermont, this ��Ax, day of 4pgk 20 (1, Printed Name: Phone number and email: Signature: Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 12-2011 qed southi)ndin i on PLANNING & ZONING PUBLIC HEARING SOUTH BURLINGTON CITY COUNCIL The South Burlington City Council will hold a public hearing in the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on May 14, 2012 at 4:00 P.M. to consider the following: 1. Interim zoning application #IZ-12-03 of Robert L. Provost to subdivide a 0.57 acre lot developed with two (2) single family dwellings into two (2) lots, 27 Birch Street. 2. Interim zoning application #IZ-12-04 of Larry & Leslie Williams to amend a planned unit development consisting of a six (6) lot subdivision. The amendment consists of resubdividing the six (6) lots into 10 lots for a total of 11 units, 1630 Dorset Street. Rosanne Greco, Chair South Burlington City Council Copies of the applications are available for public inspection at the South Burlington City Hall. Participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. April 26, 2012 10' 2c�N jt3 S,I s t t- 4 VC, 575 Dorset Street South Burlington, VT 05403 tel 802,846.4106 fax 802.846.4101 www.sburi.com TO: South Burlington property owners SUOJECf: Application before the City Council for an abutting property The enclosed City Council public notice or agenda is being sent to you because you have been identified as an abutting landowner to a proposed land development listed on the attachment. The distribution of this information to the abutting landowners is required by state law. You are encouraged to attend and participate in the public hearing as participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. Should you have any questions about the proposal, or wish to view the submittals, please contact the South Burlington Department of Planning & Zoning. They can be reached at (802) 846-4106 or at City of South Burlington, Department of Planning & Zoning, 575 Dorset Street, South Burlington, VT 05403. Approved for Distribution by South Burlington Department of Planning & Zoning if J Vh, A IWAM10� southbudino ton PLANNING 3 ZONING Permit # IZ-I- 63 (office use only) CONDITIONAL USE APPLICATION FOR THE CITY COUNCIL UNDER INTERIM BYLAWS All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the City Council. I understand the requirements and procedures required by State Law (Section 4415 of the Planning & Development Act), and that a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone & fax #): em)m-f L • i2exva �,•r �oz - S' i 2ct�' r So . 13u,z 1 1,44 PO . t% �. 0 s 2) LOCATION OF LAST RECORDED DEED (book & page 3) APPLICANT (name, mailing address, phone, fax #) 6A&0_:r �- b zjdj z - 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax #, if different from above): a. Contact e-mail address: �3 j%f2,v lz'4 1 (�' d L• 5) PROJECT STREET ADDRESS: 3 i ut, .6is od r• — S c - Vt. v5w1 ) 6) TAX PARCEL ID #: d - OX) 2 Q 7) PROJECT ZONING DISTRICT(S) U12 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 8) PROJECT DESCRIPTION a. General Project Description (describe what you are proposing ��uRo��s G.>Lrsr(%.-a ..00W,(� V V.fb - NO 60AN41 eo di(V'" Ocmt5 tom. Qev&44z74 b. Existing Uses on Proper; ((including description and size of each separate use): cSiAr-mil. 1- hu, k, I� iL S n �w� tL Pe'lt. L di rai'r tel AUiV — NJ YM3l It a t&*%( W"4. l a d %r-_j R % r1 U c. Proposed Uses on Property (include description and size of each new use and existing uses to remain): 4mym . A 5 ( 6 ) AhY-Y—' d. Description and Summaryaf all requested approvals from the City Council e. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts arQ applicable): l a.S WPM 9) SUPPORTING DOCUMENTS. A completed application form and required submittal materials for the applicable review before the Development Review Board or Administrative Officer shall be included. In the case of a subdivision or planned unit development, all information required for Sketch Plan Review pursuant to Section 15.05 of the Land Development Regulations (LDRs) are required. In the case of all other types of applications, the applicable LDR submittals are required. Applicants are further encouraged to provide information demonstrating compliance with the review standards set forth in 24 VSA §4415 (d) and (e). 10) PLANS AND FEE Plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) of Interim Bylaw Council Application Form. Rev 1-2012 4 1 . the plans must be submitted. An application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V. S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agenda or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. dAA-'Jr- STGNATU y OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this application and find it to be: L2'-'COMPLETE ❑ INCOMPLETE �4e'c G . F�'1 T- PRINT NAME b_L1_ Sias/ Administrative Officer The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Interim Bylaw Council Application Form. Rev. 1-2012 REFERENCES 1. PLAN ENTITLED "REVISED PLAN OF SOUTH BURLINQTON PARK, BOTH BURLINGTON, VERMONT, LAMNA M. SIMPSON, OWINIER," DATED SE HOER, It" BY AI1TWA W. NOAG, LAND SURVEYOR, AND RECORDED AS PLAN 06 IN THE CITY OF 30UTH KW-MMOTON LAND WORDS. 2. PLAN ENTITLED "LOT REMSIO S, SUNNYVI[W II, DUMONT CONSTRUCTION, SOUTH BURLINGTON, VERMONT." DATED DECEMItER 13, 1078 BY L. H. WLLIS, AND RECOROCD IN BOOK 107. PAGE 180 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. 3, WARRANTY DEED OF GEORGE LAVM W AND SUSAN RYAN TO ROBERT PROVOST, DATED MARCH 25, 2005 AND RECORDED IN BOOK 703, PAGE 31 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. NOTES 1. BEARINGS ARE BASED ON MAGNETIC OBSERVATIONS AT THE TIME OF THIS SURVEY. 2. OTHER EASEMENTS RECORDED OR UNRECORDED MAY EXIST. 3, NO ENCROACHMENTS WERE OBSERVED. LOT N-1230-00016 N/F PETER & LE[ AdN GORDON B. 3". P. BB (LOT 09, REF. #12) LOT-1130-00018 N OARY SMITH 1211, P. 124 (LOT #t9, REF. 02) 0 LOT 026-230-00029 ROWT 0010VOST B. 703, P. 31 25,002 sq ft. 0.57 acres QIZtem 05kbft, iu[ �00 St' LOT Jib-230-0000 N/F hl04LL[ KUATI[R B. 707, P. 223 (LOT 045, REF. #I1) LOT $114-230-00033 N/F DONALD It ANN IRIBH B. $12, P. 130 (LOT #►*t REF. #11) s kow COPY20 10 20 40 d0 SCALE IN FEET I FCC PROPERTY LINE — — RIGHT OF WAY ,v.�.. TREELINE WIRE FENCE • I.R.S. IRON ROD SET M r 2007 -" •�r!!I//!, ...sic// LQQUS NOT TO SCALE I I UNASET A VE./VU' � I —AL. II SiLTIFi1ION I HEREBY CERTIFY THAT TOW SLI"Y SHOW HE1KON IS A TRUE I V I AND CORRECT R£PRE3ENTA'nON OF THE PARCEL SOU04AWS PAVED I DETIRMIItJED AS NOTED HEREON AND IS ACCURATE TO IK BEST DRIVE i 1 OF MY KNOWLEDGE AND BELIEF. THIS SUIIMEY WAS PE#IFORINED WITH ELIECTRON4C TOTAL STATION SURVEY EQUFMENT, VAT44 A POSITIONAL TOLERANCE CONFIOENCE LEVEL ABOVE 9" 1 FURTHER I.R.S. CERTIFY THAT THIS PLAT MEETS ALL THE REQL49ON'NTS OF I I TITLE 27 V.S.A. SECTION 1403. lt I ■ dI"J I I GW�TU.� ' . NE DATED NO. 630 A 60' SCALE: 1 20' 1 DATE: OCT. 07 PROM. 3" 1 Im ME FLD. BK . 14 1 COMPUTER IFY: SMUT 1 OF 1 CopyC ,BIS SUBDIVISION OF LANDS OF LAND SEPAVIrVO ROSERT PROVOST 27 BIRCH STREET ,.�._.. SOUTH BURLINGTON, VERMONT