HomeMy WebLinkAboutSP-85-0000 - Supplemental - 1233 Shelburne RoadNMtfpN�
1
XI
i
( vlNlr�/[Y�1CJrFtD�r_ �DININ�
p 4tw, gtAss
�
VP
EIEI
0
Rrr
1�bQLik ��F-PTION � �`lllf
EAe- lr
0
❑0 CJ
ti �e�As IAuul5r-V-OF FATQ::nO `ors
FROr(T o'x 3 j - O Zo h� 8A(-- - - 10
1144 5P DIN191 -FRcNr - 27,
fF3(IEY - 1O
DWI1IL�T>gnILE 2-0
tU1F�L I O Q '�F-lazS
m
I
JP
DA nttL7
+f
U�?Y
--lo d
TIM FLOCV- PLAN
{ 17uNu)AV-Y PLANS NOT t:?-� co�JS1x���noti1
7
1 nrnaioNs 1 s1 1
l
r
1
VAZEµEtyi PLA9
FFSuµiuFP-� FLAW- N K72 6n-6TeXtic-t l
f Y
I nrns'Ofts I n 1
W
So-N
7
SECzND FLDCP F LAl4
F)Zr J"WMAILJ RkN- Wr f#- (.LN`iTP1)Grbri{
Le�ej
61UL� WI t1q i IQ
East O'Lake Associates
Box 9496
South Burlington, VT 05401
April 29, 1985 �„►
i r
Mr. Bill Szymanski, City Manager
City of South Burlington-�
575 Dorset Street
South Burlington, VT 05401 G\
\ U! `�
Re: Site Plan for East O'Lake Inn & Hotel
Final Draft for Fire Access and Utility Hookups fir'
Mr. Jim Godette, Fire Chief �'
Dear Mr. Godette and Mr. Szymanski,
Pursuant to our Site Plan approval and discussions with both of you, we have
drafted a revised version of the site plan for your review and comments. The
major change shown here is the relocation of the driveway serving the new
building, and the fire lane adjacent to the existing building.
After analyzing the proposed fire lane looping around the back (west) of the
new building, we concluded that looping the driveway in front of the new
building would be less disturbing to natural grades and landscaping
opportunities. The fire lane requested adjacent to the northeast corner of the
existing building could not be widened to 18 feet in the location originally
shown without losing several of the largest existing evergreen trees, so we have
proposed this alternate location in the interest of saving all the mature trees
on the site.
We have shown three new fire hydrants on the site per the Fire Chief's
request, and we understand that we will need to bring an 8" water main onto the
site from the 16" main which runs along the east side of the Vermont Railway
right of way. We are aware of the Chief's concerns about fire protection, and
we need clarification from him as to whether we will need to install one of
these hydrants during Phase 1.
Finally, this revised plan shows water and sewer hookups for both phases of
construction, as per recent correspondance.
We appreciate your help in reviewing these items, and we will be in touch
with Jane Bechtel concerning your comments so that we can finalize the Site Plan
and proceed with Building Permits.
Sincerely,
Annie Bliss
for East O'Lake Associates
AB
encl .
cc: JBechtel
East O'Lake Associates
Box 9496
South Burlington, VT 05401
April 29, 1985
Ms. Jane Bechtel, City Planner
City of South Burlington
575 Dorset Street
South Burlington, VT 05401
Re: Site Plan for the East O'Lake Inn & Hotel
Final Draft for Fire Access and Utility Hookup
Dear Jane,
Enclosed is a draft of the revised Site Plan for East O'Lake, as well as a
copy of a letter to Jim Godette and Bill Szymanski concerning fire protection
and utility hookups. I have asked them to review and comment on this draft, and
I would appreciate it if you would do the same.
In addition, one other detail which I have been meaning to discuss with you
is Item #7 of the Site Plan Approval. This item states that "Building permits
shall be obtained within six months." Since the project is a two phased
development over the course of two years, with projected completion dates of
November 1985 and December 1987, we will probably need an extension of that time
frame for Phase 2 permits.
Please give me a call at 863-3349 as soon as you've had a chance to review
these revisions.
Sincerely,
Anne Bliss `
for East O'Lake Associates
AB
encl .
V'OALLEY
BOLTON V A L L E Y, VERMONT 0 5 4 7 7
T E L E P H O N E ( B 0 2) 4 3 4 - 2 1 3 1
August 12, 1985
Ms. Jane S. Bechtel
City Planner
City of South Burlington
575 Dorset Street
South Burlington, VT 05401
Dear Jane:
Pursuant to our meeting Friday morning regarding the status of
the East 0' Lake Inn on Shelburne Road, this letter serves as a
formal request for a twelve month extension of the Site Plan Approval
granted by the City of South Burlington on March 12, 1985.
This request for an extension is based on our need to consumate
the financing plan and design refinements on the project. This
process takes time and has subsequently slowed our progress on the
development. Please be assured however, this project is being pursued
actively and significant progress has been made towards the
commencement of the renovation and development of the property.
It is our intention to apply for a building permit as soon as
possible but not later in any event than one year from the date of
this request.
As formally contemplated East 0' Lake will continue to be
developed in two phases, the first requiring an allocation of 4,300
gallons of sewage per day and the second requiring 13,200 gallons per
day, all to be serviced by the Barletts Bay Plant. You have informed
me the current hook up charge of $2.50 per gallon will be applied to
this project.
Your consideration of this request is greatly appreciated and I
look forward to a mutually beneficial relationship with the City of
South Burlington for the successful renovation and development of
this fine historic property.
CD/gs
Very truly yours,
J
Charles DesLauriers
Managing General Partner
East 0' Lake Associates
no to
Pt.,cu i ved T
- -._.. BvY -,j�J
Date
Application
Completed
and Received
By By
CITY OF SOUTH BURLINGTON
APPLICATION FOR SITE PLAN REVI&J
1) NAME, ADDRESS, AND PHONE NUMBER OF:
(a) Owner of Record Thomas Farrell, Allenwood Estate,
Sb. Burlington, Vermont, 05401
(b) Applicant East O'Lake Associates, Box 9496
So. Burlington, Vermont, 05401
(c) Contact Person Anne Bliss, East O'Lake Associates
863-1971
2) PROJECT STREET ADDRESS: 1233 Shelburne Road
3) PROPOSED USE(S): Hotel, including 72 bedrooms with baths, reception center
100 seat restaurant (2600'sf GFA), conference facilities and outdoor and indoor
swimmi nq pools
4) SIZE OF PROJECT (i.e., # of units, floor area, etc.)
Phase 1: 6 motel units, reception center, 2600 sf Restaurant & Conference Center
Phase 2: 66 Additional Hotel Rooms, indoor & outdoor swimminq pools.
5). NUMBER OF EMPLOYEES (full &
part time)
Phase 1, 12; Phase 2,
21; full time
6) COST ESTIMATES:
o.
,7
(a) Buildings Phase 1:
$100,00A00;
0•60
Phase 2: $2,700,00 00
A
(b) Landscaping Phase 1:
$3,000.00,
Phase 2: $27,000.00
(c) All Other Site -Improvements
(i.e.,
curb work) _
Phase 1: $15,000.00;
Phase 2:
$30,000.00
7) ESTIMATED PROJECT CaIPLETION DATE __Phase 1: November, 1985; Phase 2: December, 1987
8) ESTIMATED AVERAGE DAILY TRAFFIC (in & out) 258 cars/day total
9) PEAK HOUR(S) OF OPERATION 12:00 - 2:00 p.m., Z-00 - 10:00 p.m.
10) PEAK DAYS OF OPERATION Wednesday thru Sunday
15 February, 1985
— - DATE SI NATURE�OFPPLI EOL AsSo�/93
VITAL INFORMATION SHEET
for the
REHABILITATION OF THE EAST O'LAKE INN & MOTEL
1233 Shelburne Road, South Burlington, Vermont
SITE AREA = 4.65 acres (A=43,560 sf) = 202,554 sf total area
202,554 sf in 40,000 sf lot units = 5.06 lot units
ZONING DISTRICT: Cl, Commercial 1 Zone
Allowable uses include Hotel and Restaurant
TRAFFIC OVERLAY DISTRICT: Zone 2
Maximum allowable size of use per Traffic Overlay Zone #2=
for Hotel Use: 24 occupied rooms per 40,000 sf lot
for Restaurant Use: 1300 GFA per 40,000 sf lot
PROPOSED USE: Hotel, including 72 guest bedrooms with private baths, reception
center, 100 seat restaurant (2600 sf GFA), conference facilities
and indoor and outdoor swimming pools.
LOT COVERAGE: Existing Inn - 2,200 sf
Existing Motel- 2,000 sf
Proposed Hotel-28,500 sf
Total-32,700 sf = 16% Lot Coverage
PARKING REQUIREMENTS:(S. Burlington Zoning Regulations Ss.19.25 and Table I)
Hotel- 1 space for each guest bedroom;
72 rooms require .......................72 spaces
PLUS 2 spaces for each 3 employees;
21 employees require ................... 7 spaces
Restaurant- 1 space per each 3.5 seats;
100 seat capacity requires ............29 spaces
PLUS 1 space per 200 sf provided
for patron use but not
containing fixed seats;
1000 sf (Reception, bathrooms,
traffic areas) requires ............ 5 spaces
Total Parking Spaces Required.............................113 spaces
SEWAGE FLOWS:(Vermont Environmental Protection Rules Ss.7-05 & Appendix 7-A)
Proposed Use
Phase 1- Rehabilitation of Existing Buildings:
100 seat dining room @ 30 gpd = 3000 gpd
6 Room Motel @ 100 gpd = 600 gpd
Conference center for 100 @ 5 gpd = 500 gpd
Total Phase 1 flows..............4,100 gpd
Phase 2- New Construction:
66 hotel rooms (2 double beds each)
@ 50 gallons/bedspace/day = 13200 gpd
Total Phase 2 flows.............13,200 gpd
Total Design Flows for Proposed Use .... 17,300 gpd
Pre-existing Use
65 beds @ 50 gallons/bedspace/day = 3250 gpd
(Vt Board of Health License #780, 1974)
35 seat dining room @ 30 gallons/seat/day = 1050 gpd
(20'x 26' dining room @ 15 sf/seat)
Total Pre-existing flows...............4,300 gpd
��. • 1• _ •�.t. � ''fix M E � s��^,
k y,. •� �)■y''!//�'�! ^ � fit'.
%�C`:.�Y�; 'ate ,, .�„ �� �"fi"��#` .t � t'•
�i It i�in � --+fir..-�•�'���:.. .-. .w.�........�_ �fi'_`4�af������f's ���►•�.•�,a:;M./1.a
�_ ►►f�Sy�yD�� i� .,F '>rV '°�kk {l,y q�. t��1s Or
.r: �._��� •.�.. li%1f'.L� 14.�.?� t f �L•1 t'~'7_7Y�r�Y
O v•
•rr
J,• _ 1
15 February 1985
TO:
Jane Bechtel, Planner
South Burlington Planning Commission Members
FROM:
East O'Lake Associates
Box 9496
South Burlington, VT 05401
RE:
Site Plan Review for Rehabilitation of the EAST O'LAKE INN & MOTEL
1233 Shelburne Road, South Burlington, VT
The attached application and site plan illustrates the total Master Plan for
the rehabilitation of the historic East O'Lake Inn and Motel. The development
group is seeking Site Plan Review for this entire proposal.
Please notice that the rehabilitation work will
Phase 1 will include the restoration of the
to the driveways, construction of new parking a
eastern and southern sides of the property;
Phase 2 will consist of the construction of
of the parking required, as well as additional
western perimeters of the site.
be accomplished in two stages;
existing buildings, improvements
reas, and landscaping along the
the new building and the balance
landscaping along the north and
This property has previously been in commercial operation as an Inn and
Motel, and as such, is entitled to an existing allocation of sewage flows at the
Bartlett Bay Sewage Treatment Plant. The development group is seeking approval
of Phase 1 for immediate construction, since design flows of the proposed uses
will not exceed those of the pre-existing use, and approval of Phase 2 subject to
the availability of additional capacity at the municipal treatment plant.
E
M E M O R A N D U M
To: South Burlington Planning Commission
From: Chief James Goddette
Re: East-O-Lake Inn
Date: 3/25/85
After meeting today with Ms. Bliss and Mr. Ickovic from East-
O-Lake, and Jane Bechtel, City Planner the following items are
required to provide fire protection to this facility.
1) Install a 18 foot wide (minimum) fire access lane around the
northern, western and southern boundary of the property to provide
fire access along the rear of the building. It should overlap
the property line by being half on Farrells property so that it
is sufficient distance from the building. This should be a
permanent legal easement filed with the City Clerk.
2) Extend and widen the turn -around area in the front of the
building, relocate the parking spaces next to the building.
3) Install 3 new fire hydrants (2 in front, and 1 in rear) if
sprinklered.
4) The blue stone driveway shall have an 18" base or suitable
subsurface to provide adequate stability to trucks.
I would like to remind the Commission of the serious need for
an additional fire station in this vicinity. This large facility
with the potential of hundreds of lives involved is seriously
in danger due to the distance, traftic and time delays from our
only station on Dorset Street.
State of Vermont
Department of Fish and Game
Department of Forests, Parks, and Recreation
Department of Water Resources & Environmental Engineering
Natural Resources Conservation Council
AGENCY OF ENVIRONNIENTAL CONSERVATION
March 2-2, 1985
Thomas Ickovic
East O'Lake Associates
P.O. Box 9496
South Burlington, Vermont 0.5401
Department of Water Resources
and
Envirotuucntal Engineering
Essex Junction 11ehional Office
III West Street
Essex Junction, Vermont 05452
RE: Case 4C0395-4; East O'Lake Subdivision, Shelburne Road,
South Burlington, Vermont 05401
Dear Mr. Ickovic,
I am in receipt of your letter dated February 21, 1985 concerning
the above referenced project and offer the following responses:
Certification of Compliance 4C0395-4:
It is understood that on January 3, 1985, the Act 250 Commision
#4 received a request from Thomas A. Farrell to subdivide 4.65
acres along with the buildings known as East O'Lake from an 18
acre parcel. Because of the existing unoccupied buildings
located on the proposed 4.65 acres, and upon learning of the
intent to re -occupy these buildings, I contacted the Permit
Section of the Department of Water Resources as to the quantity of
sewage, if any, would be permitted from these buildings to be
disposed of at the sewage treatment plant. It was at that point
that I learned no flows from these buildings would be approved
until such time as the sewage treatment' plant gained additional
capacity.
When it was found that no flows from these buildings would be
permitted, a decision had to be made whether to approve or deny
the proposed subdivision. Since the structures were existing,
subject to the Environmental Rules Chapter 4- Public Buildings
and since I was informed that no occupancy of these public
buildings could be approved until the sewage treatment plant had
additional capacity, it was decided that it made no difference
whether these buildings resided on 18 acres or 4.65 acres.
Therefore, using Section 2-02(N) (2) of the Rules, Certification
of Compliance 4CO395-4 with conditions was issued, (enclosed
please find Chapter 2 of the Environmental Protection Rules).
Thomas Ickovic
Case 4CO395-4
Page 2
It was felt that no adverse environmental impact would occur as a
result of the subdivision because any sewage generated by the
occupancy of the buildings would first be approved by the
Protection Division for discharge to the sewage treatment plant.
Concerning Condition #3 of the Certification of Compliance, it is
the responsibility of the owner of the land to obtain the
appropriate permits prior to subdividing the land. The
application was received from Thomas A. Farrell, owner of record,
and processed in accordance with our procedures. Also, the
conditions of Certification of Compliance run with the land, not
necessarily with the owner, and should you choose to sell the
property, the purchasers are to be shown the items listed in this
condition. The validity of a contract of sale entered into prior
to the issuance of the Certification of Compliance is a legal
question best answered by the Attorney General's office but since
it is understood that you have been shown a copy of the
Certification of Compliance, the intent of the condition has been
met.
Project Review Sheet:
The Protection division did not issue the Project Review Sheet,
but, instead the Protection Division wrote to Anne Bliss,(letter
dated February 7, 1985). The reason was that by the time we
received the letter from Ms. Bliss, dated January 18, 1985, the
review process by the Act 250 Commission and the Protection
Division was underway. Therefore, with the issuance of the Land
Use Permit by the Act 250 Commision and the Certification of
Compliance by the Protection Division, it was felt the letter
explaining the reason for Condition #2 of the Certification of
Compliance would best serve your purposes. Additionally, the
letter of February 7, 1985 with the Land Use Permit and
Certification of Compliance better explained any future
involvement the Protection Division may have over this property.
Please note, though, your letter of February 21, 1985 (which
refers to my letter of February 7, 1985) states under Project
Review Sheet "We are assuming that if no changes are made, we
will not require additional permits from you." It is unclear
whether that sentence refers only to item #3 concerning
modifications, changes, etc... to the interior plumbing and
ventilation systems of the existing buildings, or to the overall
concept of occupying the existing buildings. As previously
explained, and based on information from the Permit Section, our
office will need to approve the sewage flows resulting from
occupying the buildings. This approval will be based on receipt
of authorizations from both the City of South Burlington and the
Permit Section.
Thomas Ickovic
Case 4CO395-4
Page 3
You are correct, though, in saying that our office will not
review and approve the existing interior plumbing and ventilation
systems provided;
(1) No changes or modifications to the existing systems are
proposed.
(2) The Department of Health does not require changes or
modifications to the existing systems prior to issuing their
license.
Approval of Sewage Flows:
The responsibility for monitoring and approving connections to
municipal sewage treatment plants resides with the Permit Section
of the Department of Water Resources. I did, though, speak with
Ms. Virginia Little, of the Permit Section, on March 12, 1985 and
she offered me the following information:
August 1984- The Permit Section notified the City of South
Burlington that based on actual sewage flows and
commitments, the plant was at or over capacity.
The actual sewage flows to the plant was based on
a 12 month period ending June 30, 1984.
Sept. 1984- Ms. Jane Bechtel for the City of South Burlington
notified the Permit Section that there may be
additional uncommitted reserve to the plant based
on over commitment to a previously approved
project. A new letter by the Permit Section
advised the City that the plant remained at or
over capacity.
January 1985- Preliminary recalculations of the flows to the
plants were completed based on the 12 month period
ending January 1985. The Permit Section notified
the City that these calculations showed
uncommitted reserves approaching 5,800 gallons per
day. The City asked that the Permit Section
approve 5,400 gallons of the reserve capacity for
a new project.
January 1985- Permit Sections notified the City that subtracting
the 5,400 gallons from the previous project from
the anticipated 5,800 gallons of reserve capacity,
the plant had 400 gallons per day of uncommitted
reserve.
Thomas Ickovic
Case 4CO395-4
Page 4
Feb. 5, 1985- Ms. Virginia Little wrote to Mr. Stephen Crampton,
Attorney at Law, confirming their conversation on
that day. The letter explained that since East
O'Lake had not been occupied during 1984, East
O'Lake's sewage was not included in the actual
flows to the plant and therefore, was not
contributing to the plants capacity. Ms. Little
advised that any new use of the building would
constitute a new contributor to the plant.
Feb. 5, 1985- Mr. William Szymanski wrote to Mr. Brian Kooiker,
Permit Section, requesting that the plants
capacity be expanded by 100,000 gallons per day.
The expansion is based on a study conducted by the
City which showed that the plant could accept the
100,000 gallons per day of wastes without
decreasing the plants ability to meet secondary
effluent requirements.
Feb. 22, 1985- The Permit Section completed their analysis of the
flows to the plant and advised the City of South
Burlington that there is only 95 gallons of
uncommitted reserve.
Feb. 22, 1985- The Permit Section drafted a Temporary Pollution
Permit to allow for the increased loading to the
plant of up to 100,000 gal 1 ons per day or 800,000
gallons total to be treated by the plant per day.
Mar. 25, 1985- This will mark the end of the public hearing notice
requirements of the Temporary Pollution Permit and
if, by March 25, 1985, the Permit Section does not
receive any adverse comments, the new plant
capacity will be approved. If approval is
granted, the actual permit should be issued on or
within a day or so after March 25, 1985. I am not
sure what delays, etc. will be created if the
Permit Section receives adverse comments.
If you need additional information, please contact Ms. Little
directly by telephoning 828-3341 or writing to her at Permit
Section, State Building, Montpelier, Vermont 05602.
In your letter of February 21, 1985, you mention the letter of
November 19, 1984 from Ms. Susan Haitsma, Permit Administrator.
Please understand that Ms. Haitsma's letter was unsolicited and
its only purpose was to make you aware of the permit process,
potential approvals as may be required, and existing problems at
the Bartlett's Bay Sewage Treatment Plant. We can only apologize
if this letter created any confusion, but, the decision as to new
or existing flows lies not with Ms. Haitsma, but with the
reviewing engineer and the Permit Section.
L
r
Thomas Ickovic
Case 4C0395-4
Page 5
As such, no decision can be reached until such time as we are
contacted and a proposal submitted for review. One proposal was
submitted by Thomas Farrell on January 3, 1985 for the
subdivision of land only.
During the review process, we received the letter from Anne Bliss
dated January 18, 1985 as well as telephone calls from Mr.
Stephen Crampton advising us of the potential use of the
property.
These inquiries, along with the pending subdivision of the land,
prompted the letters of February 5, 1985 from Ms. Little to Mr.
Crampton, my letter of February 7, 1985 to Ms. Bliss and the
conditions of the Certification of Compliance 4C0395-4.
Should you have any further questions, please contact this
office.
Sincerely,
Ernest P. Christianson
Regional Engineer
cc: Donald Robisky
Katherine Vose
Susan Haitsma
Stephanie Kaplan
Stephen Crampton
City of South Burlington
�C,�cnU�L
�,o u — Jq�' mI nImjry--N
� `3 o2 1 n'C' / \n Yee►
1 2/25/85
JSB
MOTION OF APPROVAL
That the South Burlington Planning Commission approve the Final
Plat of Peter Val Preda and Nicholas and Sarah Pappas for the
relocation of Hough Street as shown on the set of plans entiteld
"3 Lot Boundary Survey" and "New Street" as prepared by Pinkham
Engineering Associates, Inc., dated 2/5/85 and srcrpc�--e&
with the following stipulations:
fix
1) The applicant shall install a�^fence along the Collette property
line to the school property similar to the existing Collette
fence.
2) A paved transitional flare shall be included where the
new Hough Street meets the reconstructed sidewalk on Baldwin
Avenue.
3) A standard base slab shall be provided under the catch basin
that intercepts the existing storm sewer on Baldwin.
4) Storm drain pipe type shall be specified on plans. It shall
be P.V.C., concrete, or asbestos cement.
5) Catch basin adjustment brick courses as shown on plans shall
be precast concrete risers.
6) A bond shall be posted for street reconstruction in an amount
determined by the City Engineer.
7) Sewer and water easements in abandoned Hough Street shall be
dedicated to the City.
8) Legal documents for street dedication, and easements shall
be field with the City Attorney within 90 days.
9) Revised Final Plat shall be recorded with the City Clerk
within 90 days.
JSB
3/11/85
MOTION OF APPROVAL
That the South Burlington Planning Commission approve the Site Plan
application of East-O-Lake Associates for a 2 phase plan consisting o�
of construction of a 100 seat restaurant, 6 room motel and 100 person
conference center in the existing East-O-Lake building in Phase I, and
the construction of a 66 room Motel in Phase II as depicted on a plan
entitled "East-O-Lake Inn and Motel, 1233 Shelburne Road" as prepared
by East O'Lake Associates dated 2/15/85 with the following stip-
ulations: "
1) Revised landscaping plans shall show $3000 in Phase I and $34,000
in Phase II. Bonds shall be posted prior to permit in these amounts.
2) Eighty parking spaces shall be provided in Phase I. The balance
shall be built in Phase II.
3) A sewer allocation of 4100 gpd is granted for Phase I, and 13,200
gpd for Phase II, in accordance with the South Burlington Sewer
Policy.
4) Plans shall be reviewed by the Fire Chief prior to permit.
5) Sewer and water easements shall be acquired for servicing this
facility. The City Engineer shall review and approve the facility
plan prior to permit.
6) A drainage plan shall be approved by the City Engineer prior to
permit.
7) Building permits shall be obtained within 6 months.
M E M O R A N D U M
To: South Burlington Planning Commission
From: William J. Szymanski, City Manager
Re: March 12, 1985 Agenda items
Date: March 8, 1985
2) HARBOR INN (L.T.H. INC.) SHELBURNE ROAD
No comments.
4) DAVID M. FARRELL PROPERTY, FARRELL-HADLEY ROAD
1. The existing utilities and sidewalk along Farrell Street are
affected by this correction. It puts some of them on private property.
Land or easements should be deeded to the City.
5) AIRPORT TERMINAL AREA, BURLINGTON MUNICIPAL AIRPORT
1. Surface drainage from expansion area will require careful study.
Draining into the area behind Airport Drive lots 1, 2, 3 , and 4 as shown
on site plan will add more water to an area that is experiencing
problems with existing runoff.
2. That dead end section of White Street east of Airport Drive is a
City Street. A turn around should be constructed there or that portion
of the street turned over to the Airport. The problem with that is lot
No. 1 has access from this street.
6) O'BRIEN-MILOT OFFICE BUILDING, KIMBALL AVENUE
1. Kimball Avenue sidewalk shall continue from the Palmer Building
sidewalk easterly across the entire frontage, including across this
project entrance.
2. Existing sewer stubs shall be used instead of opening road to
install a new one. Building elevations show that except for the
bottom floor the entire building can be sewered by gravity. This
should be done instead of the entire building's sewage pumped.
7) EAST-O-LAKE INN & MOTEL, SHELBURNE ROAD
1_ Water and sewer services to this complex will have to come from
the west where large lines exist. The developer should anticipate
have to acquire easements for that purpose (prior to permit).
2. Storm drainage for this extensive development will also have to
go westerly where easements will be required. Drainage plans shall be
approved by the City Engineer prior to permit.
8) INTERPRETIVE DATA SYSTEMS, SHELBURNE ROAD
1. New parking lot paving shall be a uniform arc not saw tooth as
shown.
Memorandum
March 12, 1985 Agenda items
March 8, 1985
Page 4
A 5' sidewalk is provided for a distance equal to the length of the
property frontage. It extends from the existing sidewalk.
Landscaping: A $17,100 landscaping plan is shown as required. An
erosion control barrier is proposed at the rear of the lot along
the entire property line during construction. Lot coverage is
approximately 59% .
Other: A 15' pedestrial trail runs along the rear property line.
Legals should be filed to dedicate this easement to the City. A
sewer allocation of 300 g.p.d. was reserved for this lot at the
original subdivision.
See Bill' s__me.mo_. _._ _--
11
7)� EAST-O-LAKE INN AND MOTEL, 1233 SHELBURNE ROAD
The applicant ptbposes-to-expand the East-O-Lake Inn from a 65 bed,
35 seat restaurant to the following:
Phase I ( in existing building) 100 seat resturant
6 room motel
100 person Conference Center
Phase II (new building) 66 room motel
indoor and outdoor swimming pools
The lot is 4.65 acres and is zoned Commercial-1.
Cl
Parking: In Phase I, the re aurant requires 34 parking spaces;
the motel requires 6 plus for employees; the conference center
requires 33 spaces for a total of 80 spaces. In Phase II, the 66
room hotel requires 66 spaces.
The plan provides a total of 113 spaces, which does not meet the
combined total of 146 spaces. I suggest that 33 spaces might be
waived if the Commission agrees that there is an overlap in the
users of this facility. Otherwise a revised parking layout will
be needed.
Pedestrian and Vehicular Access_: The two existing curb cuts will
be used, although they will be widened, to 27feet with a larger
curb radius. Dual driveways, as proposed have a 30 foot maximum.
Memorandum
March 12, 1985
March 8, 1985
Page 5
Agenda items
Circulation: Aisle widths between parking spaces are shown at 22'
and 24'. To meet our requirements they should all be 24 feet if
serving double rows of parked vehicles. There are some 10' drive-
ways for service entry plus patron drop off.
Landscaping and Screening: Detailed landscaping plans must show
$3000 worth of plantings in Phase I, and $34,500 in Phase II. The
42% lot coverage is below the maximum allowable.
Sewer: Phase I is estimated to need 4100 gallons per day. Phase
II should require 13,200 gallons per day. The State may agree to
allow the rehabilitation in Phase I based on the pre-existing flows
of this building; if so, Phase I can occur as soon as capacity is
available. Phase II will be placed on the waiting list.
Traffic: According to the Traffic Overlay zone, 121 hotel rooms, or
approximately 4600 square feet of restaurant space are permitted in
this zone. The applicant proposes 72 total rooms, and 2600 square feet
of restaurant and Conference Center. This application proposes
60% of the allowable hotel rooms and 56% of the allowable restaurant/
Conference Center size. This balance seems acceptable.
OTHER: See Bill Szymanski's and Jim Goddette's comments.
8) INTERPRETIVE DATA SYSTEMS, 1500 SHELBURNE ROAD
The applicant proposes to construct a 5800 square foot addition to
the existing office building for office and storage at 1500 Shelburne
Rcad. It is located east of Shelburne Road, north of Nordic Ford,
and west of Green Mountain Drive.
Parking and Circulation: This plan requires 23 additional spaces.
Twenty one are proposed. Fifty eight exist, including 2 handi-
capped. I recommend that no additional parking spaces be required
since the number and layout appears sufficient.
Access: A long, 24 foot wide access drive leads from Shelburne Road.
Landscaping: $7500 in landscaping is required. I am expecting add-
itional information prior to the meeting to verify the landscaping
plan costs. The plan offers a variety of plantings along the drive-
way, and building however, additional may be warranted.
Other: This addition requires approximately 375 gallons of sewer
capacity using State guidelines of 15 gpd/employee. A lesser amount
may be agreed to by the State if they will accept existing daily
averages rather than their higher standards.
April 2, 1985
Ms. Annie Bliss
East-O-Lake Associates
P.O. Box 9496
South Burlington, Vermont 05401
Dear Annie:
This serves to conf_iirm that the South Burlington Planning Commission
approved the Site Plan application of East-O-Lake Associates for
the 2 phase expansion plan on the East-O-Lake Inn property,
Shelburne Road. This expansion is in conformance with the City's
Comprehensive Plan.
This project is on the sewer waiting list for both phases with an
allocation of 4300 gallons per day for Phase I, and 13,200 gallons
per day forPhase-Il. At this point there is adequate capacity at
the Bartletts Bay Plant to handle both phases although we will not
issue building permits until the City establishes a rate to charge
new connections, or increased usage.
Please call me if you have any questions.
Sincerely,
Jane S. Bechtel,
City Planner
JSB/mcg
cc: William Szymanski
April 2, 1985
Ms. Annie Bliss
East-O-Lake Associates
P.O. Box 9496
South Burlington, Vermont 05401
Dear Annie:
This serves to confirm that the South Burlington Planning Commission
approved the Site Plan application of East-O-Lake Associates for
the 2 phase expansion plan on the East-O-Lake Inn property,
Shelburne Road. This expansion is in conformance with the City's
Comprehensive Plan.
This project is on the sewer waiting list for both phases with an
allocation of 4300 gallons per day for Phase I, and 13,200 gallons
per day for Phase II. At this point there is adequate capacity at
the Bartletts Bay Plant to handle both phases although we will not
issue building permits until the City establishes a rate to charge
new connections, or increased usage.
Please call me if you have any questions.
Sincerely,
Jane S. Bechtel,
City Planner
JSB/mcg
cc: William Szymanski
April 2, 1985
Thomas Farrell.
Farrell Distributinq_
Holmes Avenue
South Burlington, Vermont 05401
Dear Mr. Farrell:
:Enclosers is the letter I sent to Ms. Bliss regarding the
availability of sewer capacity at the Bartletts Bay Plant.
Sincerely,
Jane S . Bechtel,
City Planner
JSB/mcg
1 Encl
March 29, 1985
Thomas Farrell
Farrell Distributing
Holmes Avenue
South Burlington, Vermont 05401
Dear Mr. Farrell:
Enclosed are copies of the minutes, the Finding of Facts and
the agreement reached with the South Burlington Fire Chief re-
garding the East-O-Lake property. Please call me if you have
any questions.
Sincerely,
Jane S. Bechtel,
City Planner
JSB f mcg
Encls
Ak
4.
PLANNING COMMISSION
MARCH 12, 1985
said that before this plan was approved, he wanted to know how the airport
planned to address the parking issue. Mr. Houghton said the airport could
either use the Lavalette land for additional parking, or it could look into
a deck over the present lot. It also needs to decide whether to manage the
parking itself, or contract it out. Mr. D'Acuti said the parking problem only
occurred during the holidays. Mr. Houghton felt the deck, if that were chosen,
could be ready about the same time the terminal expansion was completed.
Mrs. Maher asked about landscaping. Ms. Bechtel said the developers wanted
credit for the landscaping done when the parking lot was expanded. Mr. Lamphere
noted that there were only certain areas that could be landscaped in an airport,
and then there are height and visibility restrictions. He noted that landscaping
for the parking lot expansion exceeded City requirements, but in this case there
is not much room for landscaping, so they would like to apply the previous work
to this project. He added that the airport would have to do considerable
landscape work on the Lavalette land to screen it from the neighbors. Mr. Poger
felt it would be acceptable to apply the previous landscaping here.
Mr. Jacob moved to continue the public hearing on the Burlington Inter-
national Airport for two weeks from tonight, at City Hall at 7:30 pm. Mrs.
Maher seconded the motion and all voted for it.
Site plan application of Jerry Milot for construction of a 24,000 sq. ft.
office building on lot ##5, Kimball Avenue
Mr. Caulo noted that this lot would share access with two other lots.
Total lot coverage will be 59%. The building will be built into the slope
of the land, so it will look like two stories from Kimball Avenue, but three
from Williston Road. Total height at the tallest point will be 421. It will
be about the same height as the building next door to it. Mr. Caulo said the
roof design would help lower the building visually. Mr. Poger thought that
42' was over the requirement for height, but Ms. Bechtel noted that the
Commission could waive the requirement if it wished, under certain circumstances.
Mrs. Hurd requested that the developers provide some drawings of what the
building would look like from the corner of Kennedy Dr. and Williston Road.
Ms. Bechtel said she would not want to waive any parking spaces now.
Mr. Caulo went over the landscaping plans.
Mr. Poger asked about snow storage and was told it will be pushed to the
back of the lot. A few of the trees in that area may have to be moved to allow
room for that.
Mrs. Maher moved to continue the public hearing on this site plan until
two weeks from tonight at 7:30 pm at City Hall. Mrs. Hurd seconded the motion
and all voted aye.
Site plan application of East-O-Lake Association for construction of a 72 unit
hotel, conference center and restaurant in two phases, at 1233 Shelburne Road
Mr. Tom Kovic said this would be a two-phase project. First they would
like to renovate the existing building and add parking. They plan a public
restaurant on the first floor with private conference rooms on the second.
The second phase would be the construction of a hotel building similar to the
Shelburne Farms barn structure. This would be visually compatible with the
existing building. There is no sewer capacity currently for this phase. The
existing 1-story motel on the property will be renovated also. Mr. Kovic said
they would like to have the drive and parking areas be bluestone, to match
the style of the period. He said there were some ways to mark parking spaces
5.
PLANNING COMMISSION
MARCH 12, 1985
on bluestone.
Mr. Kovic said they would save virtually all the trees on the site. The
rear hotel building will be low-key so as to not distract from the existing
one. The site does not have a good view of the lake. The entrance and exit
will be one way. After some discussion, it was decided to reverse these
directions, so the entrance will now be the northern curb cut.
Mr. Kovic noted that the upstairs was cut into 4 small rooms, so they
will not be able to handle large conferences. He said those rooms would be
limited to use by motel guests, so he felt that 30 parking spaces could be
waived, because the occupants of the conference rooms would already have a
parking space. He said that if the spaces were needed later, there was enough
room to add them.
Mr. Poger felt this was a very good use for the site.
Mrs. Maher moved that the South Burlington Planning Commission approve
the site plan application of East 0' Lake Associates fora_ 2 phase flan
consisting of construction of a 100 seat restaurant, 6 room motel and a 2.600
s9 ft conference center in the existing East 0' Lake building in Phase I,
and the construction of a 66 room motel in Phase II as depicted on a�plan
entitled "East-O-Lake Inn and Motel 1233 Shelburne Road" as prepared by East
0' Lake Associates, dated 2 15 85 with the following stipulations:
1. Revised landscaping plans shall show $3000 in Phase I and $34,000
in Phase II. Bonds shall be posted prior to hermit in these amounts.
2. Eiahty parking spaces shall be provided in Phase I. The balance
shall be built in Phase II.
3. A sewer allocation of 4100 gpd is granted for Phase I, a_nd lj,_00
gpd for Phase II in accordance with the South Burlington Sewer Policy_
4. Plans shall be reviewed by the Fire Chief_prior to permit.
5. Sewer and water easements shall be acquired for servicing this
facility. The City Engineer shall review and approve the facility ____Prior
to permit.
6. A drainage plan shall be approved by the City Engineer prior to permit.
7. Building permits shall be obtained within 6 months.
8. The northerly curb cut shall be the entrance and the southerly curb
cut shall be the exit. These shall be shown on the final plat.
9. The parking shall be reviewed 1 year after the project is completed,
and more parking spaces may:�e required__
Mr. Belter seconded the motion.
Sewer was discussed. fls. Eechtel noted that the first phase might need
an allocation. It did at one time have sewer, but it has been off-line for
many years, and there is currently no capacity at the Bartlett Bay plant. She
said phase I would go to the top of the waiting list, while phase II would go
to the bottom. This is the first abandoned use the Commission has dealt with.
Mrs. Hurd noted that the plan contained a mathematical error in parking
spaces. An additional 7 are needed. Ms. Bechtel suggested they go with the
113 they have, and if more are needed, they can be added.
The motion carried unanimously.
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05401
PLANNER
658-7955
March 15, 1985
Annie Bliss
East-O-Lake Associates
P.O. Box 9496
So. Burlington, Vermont 05401
Dear Annie:
ZONING ADMINISTRATOR
658-7958
Enclosed are the minutes of March 12, 1985 Planning Commission meeting
at which your site plan was approved. You may apply for a building permit
when all stipulations have been met and when sewer capacity is available.
We will be meeting with Chief Jim Goddette on Wednesday, March 20, 1985
at 8:30 a.m. His major concerns are the need for 18 foot (minimum) fire lanes,
a 70 foot maximum distance to the ridge of the buildings the base of the drive-
way, the need for looped roads and looped water system.
Sincerely,
Jane S. Bechtel
City Planner
JSB/df
CHARLES T. SHEA
STEPHEN R. CRAMPTON
STEWART H. MCCONAUGHY
ROBERT B. HEMLEY
WILLIAM G. POST, JR.
CRAIG WEATHERLY
NORMAN WILLIAMS
JAMES E. KNAPP
DENNIS R. PEARSON
D. RUSSELL MORGAN
GRAVEL AND SHEA
ATTORNEYS AT LAW
109 SOUTH WINOOSKI AVENUE
POST OFFICE BOX 1049
BURLINGTON, VERMONT 05402
1.1arch 11, 1985
Mrs. Jane S. Bechtel
City Planner
575 Dorset Street
South Burlington, VT 05401
Re: East O'Lake Property
Dear Jane:
TELEPHONE 658-0220
AREA CODE 802
CLARKE A. GRAVEL
COUNSEL
Pursuant to our conversation, let me make our position
clear for purposes of the record.
Very simply, we feel the City of South Burlington has the
obligation to create sewage capacity to provide the existing
facilities on the East O'Lake property with sewage flow
capacity (using today's calculations) which would serve the
uses which formally existed in the facilities. Acknowledging
that the existing facilities contained 65 beds and a 35 seat
dining room when the inn facility was last operational, the
sewage flow calculation would be 4,300 gallons per day under
Appendix 7A of the subdivision regulations.
A problem has arisen due to a combination of factors. The
property has not been used for its constructed purposes for
close to ten years. As a result, there has been no actual
sewage flow generated by the property even though it has been
physically hooked into the South Burlington municipal system.
Unfortunately, the Bartlett's Bay sewage treatment plant has
reached a point whereby actual sewage flow into the plant
equals the plant's 700,000 gallon per day capacity. As you
know, the State uses the latest 12 month period to determine
the actual average flows into the plant. The problem besetting
the East O'Lake property arises from the fact that the actual
flows over the past twelve month period do not include a single
drop of actual flow from the East O'Lake property. Thus, the
State is unwilling to allow this existing facility to be
allowed to generate actual sewage flow because that would push
Mrs. Jane S. Bechtel
March 11, 1985
Page 2
the actual sewage flow for the Bartlett's Bay plant over its
recognized capacity.
Within a short period of time, South Burlington will be
able to increase the Bartlett's Bay capacity by an additional
100,000 gallons per day. Being a pre-existing facility with
sewage flow calculated at 4300 gallons per day based on the
present structures on the property, we are requesting
acknowledgment by the City of South Burlington that the East
O'Lake facilities be the first project on the list of
"Municipal Collection Data - Bartlett's Bay" so that when the
new 100,000 gallon per day capacity is achieved, the first 4300
gallons per day of that new capacity be allocated to the East
O'Lake facilities. Now I realize that the State's calculated
sewage capacity figures are highly conservative and that the
probability is high that the East O'Lake facilities, when in
operation as a 65 bed inn with a 35 seat restaurant, would not
generate the 4300 gallons per day theoretically allocated for
the uses. This, however, will ultimately be reflected in the
actual flows going into the plant. Because of the insistence
of the State that theoretical flows be used in obtaining state
permits, it would be unfair to have the City allocate anything
less than what the state would require at the present time. We
did discuss going back to ascertain what the actual flows were
when the inn was operational. For the time being, we would ask
the City to use the 4300 gallons per day. At the same time, I
would be willing to attempt to garner the actual flow
information and try to gain state acquiescence that a lower
gallons per day figure be recognized for this particular 65
bed, 35 seat restaurant inn facility. If I were successful,
then we could reduce the gallon per day figure on your
municipal collection data list. If not, it would have to
remain at 4300 gallons per day with the realization that actual
flow would ultimately be recognized since actual flow is the
basis for the state's judgment as to reserve capacity in a
municipal sewage plant.
It goes without saying that if a use of the East O'Lake
facilities were planned which exceeded the preexisting 4300
gallons per day capacity, then that excess capacity would be
entered on the municipal collection data list in normal
priority depending upon obtaining municipal and state
approvals.
I know this is a confusing issue and I trust that my
explanation of the situation provides clarification. I would
Mrs. Jane S. Bechtel March 11, 1985
Page 3
appreciate your immediate consideration of our request and
alert me as to your thoughts on satisfying our position.
Thank you very much for your time and cooperation in this
matter.
Cordially,
GRAVEL and SHEA
Stephen R. Crampton
SRC:wsa
cc: Tom Farrell
3). How must sewer capacity is needed
EAST-O-LAKE, REQUEST FOR EXTENSION
I will have a letter from Mr. DesLaurier requesting a 12 month extension to the East-
0-Lake site plan approval. It expires next month.
45�� && 7k
f o r
I . I
SRFE- -5RLT
T.....
MI
RESIDENCE:
PORTE
R'S
'S POINT.
k '
WIN
RURAL DELIVERY 2
00SKI, VeRf4ONr 05404
802 862-4309
MOCRATLOCNIL,HIGHWAY �'"W" SALT
CHLORIDE
JAA4ES j * _OWE
Th SALES REPRESENTATIVE
ei*(" Corporation
"s. 01100
'fIC413 73.9-S601
"0,
March 8, 1985
Anne Bliss
East-O-Lake Associates
Box 9496
South Burlington, Vermont 05401
Dear Anne:
Enclosed is the agenda and any pertinent memos for Tuesday's
Planning Commission meeting. Please call if you have any questions.
Sincerely,
Jane S . Bechtel,
City Planner
JSB/mcg
Encls
RtAj, --- Ck �- vs,
U4) 4 �� e j
East O'Lake Associates
Box 9496
South Burlington, VT
10 March 1985
Ms. Jane Bechtel, Planner
South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05401
Dear Jane,
As per your suggestion when we met last Friday, we have revised the SITE
PLAN for the rehabilitation of the EAST O'LAKE INN & MOTEL. These revisions
show the areas of site work in Phases 1 and 2, the number of parking spaces to
be constructed in each phase, and a specific list of the plants which will be
included in Phase 1 Landscaping.
If there is any additional information you think would be useful for the
Commission's review, please let us know.
Thanks for your help with this application.
Sincerely,
Annie Bliss
for East O'Lake Associates
AB/ae
encl:
cc. G. Weihs, Esq.
E
3y, 6-DD
Tr xi�(-\ (I-Cti(rk) �77x�
y
cj.(n5 <c -t6- aoaISS.I(
II)-O a, 55 y
I - I Y-Oofvis -OdYrnurn
901000
-�a rO JD
jq
r�",r,s , r� ka�(2- -I-
IL
Mlen -- —
as $a-
lk!'J3rad!
�AS6N,s
41
GARDEN GARDEN CENTER AND CHRISTMAS SHOP
CENTERS 61 Industrial Ave., Williston, Vermont 05495
HOME AND INDUSTRIAL LANDSCAPING 802-658-2433
March 7, 1985
East O'Lake Associates
Box 9496
South Burlington, VT 05401
Re: Landscaping Phase 1
Four Seasons Garden Centers: Landscape Division estimates that based
on the budgetary and space requirements of Phase I, the following plant
material be used to screen the proposed parking spaces from Route 7. The
mature height of each plant type is listed so as to show the range in
mature plant size.
Quantity Common Plant Name
6 Tatarian Honeysuckle
10 Potentilla Gold Drop
10
6
16
6
12
10
16
12
6
6
10
Latin Name
Lonicora tatarica roseum
Potentilla Fruticasa
Sargent Juniper
Jun, chinensis sargenti
Red Spirea
Spirea bumald A. W.
Compact Pfitzer
JuniperJun. chin, pfitzer, comp.
Red Barberry
Berberis thun. atropurpurea
Mugo Pine
Pinus Mugo
Red Weigela
Weigela Vanceki
Seagreen Juniper
Jun. chin. 'Seagreen'
Spreading Yews
Tax. cusp. densiformis
Arrowwood
Viburnum dentatum
European Cranberry Vib, opulus
Van Hout-+e Spirea Spirea van houtte
Size Heigfi
3'/4'
8'
21/2,1,2 '
4'
15"-18"
1'
181"-24"
3'
15"-24"
2'
2'-3'
5'
18"-24"
6'
2'-3'
4'
15"-18"
2'
18"-24"
6'
3'/4'
12'
3'/4'
10'
3'/4'
6'
The planted value of the above list is $3000.00 including all labor, materials
and equipment. If you have any questions please do not hesitate to contact me.
Sincerely,
Scott H. Tower
Landscape Division Manager
DIVISION OF O. & S. GARDNER CORPORATION
No Text
I
East O'Lake Associates
Box 9496
South Burlington, VT
27 February 1985
Ms. Jane Bechtel, Planner
South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05401
RE: Additional Information requested for Site Plan Review
for Rehabilitation of the EAST O'LAKE INN & MOTEL
Dear Ms. Bechtel,
As per your request, we submit the following information regarding Maximum
Lot Coverage:
LOT COVERAGE: Driveways and parking aisles = Approximately 33,710 sf
113 Parking spaces @ 162 sf = 18,306 sf
Total Driveways & Parking = 52,016 sf or 26 % lot coverage
TOTAL LOT COVERAGE: Buildings-
Parking -
Outside Storage-
322700 sf or 16%
52,016 sf or 26%
0
84,716 sf or 42% Lot Coverage
If you should require any additional information, please notify our office
at 802-863-1971.
Sincerel
b4�
Annie Blues
for East O'Lake Associates
AB/ae
EAST 0' LAKE ASSOCIATES
Post Office Box 9496
South Burlington, Vermont 05401
Ernest P. Christianson, Regional Engineer
AGENCY OF ENVIRONMENTAL CONSERVATION
111 West Street
Essex Junction, Vermont 05452
C(0-�F%7
February 21, 1985
RE: East 0' Lake Inn & Motel, 1233 Shelburne Road, South Burlington
CERTIFIED MAIL # P 452 482 571
Dear Mr. Christianson,
PROJECT REVIEW SHEET:
We are in receipt of your letter dated February 7, 1985, postmarked on February
13, 1985) regarding the current status of the East 0' Lake Inn & Motel in South
Burlington. Our January 18, 1985 letter to you requested a Project Review Sheet.
As you know, Ms. Haitsma of the Protection Division wrote to us on November 19,
1984 (a copy of which was sent to you) informing us that a Project Review Sheet
should be obtained from your office. We are assuming that your February 7th
letter is in lieu of a formal Project Review Sheet, and that the only items which
your Agency requires in order to approve the occupancy of East 0' Lake are the
following:
1) A statement as to the type of occupancy, to project the quantity of
sewage;
2) A letter from the City of South Burlington authorizing the sewage to be
treated at their plant;
3) Should "any modifications or changes (and new additions) to the interior
plumbing and ventilation of any building proposed for occupation" be considered,
we understand that additional approvals would be required from your Agency. We
are assuming that if no changes are made, we will not require additional permits
from you.
SUBDIVISION, CERTIFICATION OF COMPLIANCE & LAND USE PERMIT:
We have received from the seller's attorney, a copy of the Certification of
Compliance (#4C0395-A), which was signed by you on February 7, 1985, and the Land
Use Permit issued February 8th, 1985. Although you certified that the
subdivision complies with the Environmental Protection Rules: Chapter 3 -
Subdivisions, we cannot identify which section of the regulations is applicable.
In our review of these rules we cannot find any section which allows the creation
of a subdivision without addressing the "intended use of the land after
subdivision." Section 3-08 (A.3) requires this information, and in fact is the
main purpose of the regulations. Since all the parties involved, including the
seller, the Protection Division and your office were all aware of the intended
use of the 4.65 acre parcel being created, we can not understand why this was not
addressed during this permit process. If your approval is based on Section 3-06
Deferral of Permit, then you have made a serious mistake. As the contract vendee
of this parcel since November 2, 1984, we have no intention of "waiving our
development rights."
J
Ernest P. Christianson
Page 2
Item # 3 of the Certification states that the Land Use Permit must be shown
to the purchaser "before any written contract of sale is entered into." Since
our contract of sale predates the Certification, we are at a loss to understand
why the seller's attorney allowed the inclusion of this impossible condition.
Furthermore, since the Agency has been aware of our intention "to purchase and
renovate East O'Lake" since mid -November of 1984, an inquiry into the status of
the sale would have been prudent prior to issuing the Certification with such a
requirement.
We are concerned that the permits issued by the Agency may not comply with
state Regulations, and as contract vendee we request that you review the
conditions of the Certification and the Land Use Permit, and inform us under
which section of the law this subdivision is in compliance.
APPROVAL OF SEWAGE FLOWS:
In Ms. Haitsma's letter, dated November 19, 1984, she stated that "if there
will be an increase in sewage flows, there may be a problem." There is no
mention in her letter that no occupancy of the buildings is permitted without
approval from her Division. In addition, we were advised by City of South
Burlington that the pre-existing flows from these buildings are already included
in the flows for the Bartlett Bay Sewage Treatment Plant, and that the city would
authorize utilization of the buildings if the sewage flows for the proposed use
did not exceed those of the previous use.
The manner in which your office and the Protection Division handles applications
has caused confusion, unnecesary expense and delays. We have spent large sums of
money in preparing to purchase the East 0' Lake property, and we did so based on
the information received from Ms. Haitsma of the Protection Division and the City
of South Burlington.
Since the information we have received from these other sources does not concur
with conclusions you have reached based on Case 4CO395-4; East 0"Lake
Subdivision, we request that you provide us with the date that the capacity at
the sewage treatment plant was exceeded, and what buildings were contributing at
that time.
Thomas Ickovic for
East 0' Lake Associates
TSI/aeb
cc: Gerald Weihs, Esq.
Katherine Vose
City of South Burlington
East O'Lake Associates
Box 9496
South Burlington, VT 05401
January 21, 1985
Ms. Jane Bechtel, Planner
City of South Burlington
575 Dorset Street
South Burlington, VT 05401
Re: Rehabilitaion of the East O'Lake Inn
1233 Shelburne Road, South Burlington, VT
Dear Ms. Bechtel,
We are in the process of completing our application for site plan review, and
expect to have it in your office by the end of this week. As per our phone
conversation last week about the back-up of the Planning Board's calendar, we
understand that you have put our application on the schedule for March 12th, or
possibly for February 26th if a slot becomes available for that earlier date.
Thank you for your assistance.
Sincerely,
Annie Blips
AB/ae