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HomeMy WebLinkAboutSD-81-0000 - Supplemental - 1333 1335 1341 Shelburne RoadORIGINAL BETWEEN EDWARD B. CRANE and CITY OF SOUTH BURLINGTON, VT. CONTRACT HOFF, WILSON & JENKINS, P.C. LAWYERS BURLINGTON, VERMONT 05401 r i CONTRACT THIS AGREEMENT made the 7 day of August, 1977 by and between EDWARD B. CRANE, hereinafter referred to as Owner, and the CITY OF SOUTH BURLINGTON, hereinafter referred to as City. WHEREAS the City's Planning Commission has granted to the applicant, site plan approval for the purpose of constructing retail and wholesale produce facility at 1341 Shelburne Road, South Burlington; and WHEREAS the lot will have access to the public highway from a curb cut on Shelburne Road and a secondary access at the rear of the lot, as depicted on the approved plan in the zoning proceeding; and WHEREAS it may, in the future become necessary or desireable that a private roadway over and along the rear of the subject parcel and adjoining parcels for vehicular service access to Holmes Road to be constructed. NOW THEREFORE in consideration of the municipal approval and other considerations, each to the other given, the parties hereby covenant and agree as follows: 1. The Owner, or persons holding under him, will not cause any permanent construction to be undertaken on a strip of land 25 feet of width at the rear of the lot on the westerly side of the premises,.so that the same may be available at some future time as may be required for a private right of way connecting to adjacent lots and to Holmes Road for service vehicular access from Holmes Road without the prior approval of the South Burlington Planning Commission. 2. The Owner will take no action which will require the City to maintain or provide any services on said private road, without first obtaining the City's written consent and approval. The Owner, for himself and his heirs and assigns, waives any right to rights he or any of them now have or may hereafter require to seek maintenance or assistance from the City in regard to said private roadway, unless otherwise agreed to in writing by the City. -Z- 3. Nothing contained in this agreement shall be construed as obli- gating the owner to dedicate said roadway as a public street, and, similarly, nothing contained in this agreement shall be construed as obligating the City to accept any such proper dedication. 4. The owner agrees to cooperate, from time to time,as the possibility arises, i6 extending the 25 foot strip through adjoining properties as circumstances permit. 5. This agreement shall not only be binding upon the parties hereto, but also upon their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereunto set their hands and seals this %day of August, 1977. - ­ �;6� 8, 641� Edward B. Crane, Owner f .` uavia H. Oe f , Esq. Attorney -inr CITY OF SOUTH BURLINGTON, VERMONT By Duly Author e ent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington this day of August, 1977 personally appeared before me the above named Edward B. Crane, Owner, by and through his attorney -in -fact, David A. Jenkins, d he did subscribe to the above as being his free act and deed. No ary ub is STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Soutb Burlington this -1-4 day of August, 1977 personally appeared d suduly authorized agent of the City of South Burl in to he dibscribe to the above as being his free act and deed and the free act and deed of the City of South Burlington. Notary Public I CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. a%,ner of record Edward B. Crane, 19070 Doewood Drive, Monumen.. Co. 80132 Home 303-481-3567 b. Applicant Edward B. Crane Same as above c. Contact person _ E. David Crane, agent. RD#1 Box 890, Cambri .._ yt . 444_ � M - 'E 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels involved as well as proposed use(s). To divide current 2.42 acre lot into 3 lots as developed for the purpose of selling the land and structures as currently developed. No further development. No change of current use. 3) Applicant's legal interest in the property (fee simple, option, etc) Fee simple. 4) Namesof owners of record of all contiguous properties Too_VjLest- Holmes terminal Corp., 550 Cochituate Rd., Framing- -Lam, Ma_01701 . To South- Socinski, Anthony A. & Renate D. , 1459 Shelburne Rd., South Bur ing on. 5) Type of existinc or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. _25' right- of-way across across back of property to be open for traffic use -per agreement with South Burlington Planning in 1977. Land now leased as per the requested subdivision. 0 -2- ' 6) Proposed e.:tension, relocation, or modification of municipal facilities such as sewerage, water supply, streets, storm drainage, etc. None 7) Describe any actions ta;;en by the Zoning Doard of Adjustment, or previous actions by the South Burlington Planning Co.M.-nission, tinich affect the proposed subdivision anoinclude dates: #1341 in 19.7 g'aan ed_Dermit for Hershbergs to build Brothers II building. 1980 granted permit for #1335 building 6500 sq. ft. 19881 granted variance to Hershberg for cooler and office addition on their building. 8) :Itt--ch a sketch plan shooing all information reauir`C under items 2 through 7 on p. 5 of the Subdivision Regulations. 1 (signature) applicant or contact parson FOR OFFICE USE 11/12/81 date - sub-:,ission of application and sketch plan to administrativaate officer - this proposal is classified as a major or minor subdivision - a:p-nlic�jtion deem_d complete Proposal tentatively scheduled for rirst Planning CO-1-lission Lleeting on Confir-med For Z 10 ,vested division of 2.42 a _ ras on Shelburne Road owned by _ -a ne 1333 lot Hh `:uild ng Eui1t 1962, owner E.B. Crane Building gross 4204 sq. ft. Office 3354 sq. ft. Storage 350 sq. ft. Parking 21 spaces in radr. lot size 18,774 sq. ft. Frontage 100 ft., sat back 25 ft., north side 15 ft., Coverage 22°! Use: Garden Way Marketing Services -office & storage. 1335 lot with building: Suitt 1981, ov,fner E.B. Crane Fuil'ina gross 6500 sq.ft. OFfire 5600 sq. ft. Display Rooms 900 sq. ft. �; k no 5 front, 12 side, 16 rear at V a S3,131 sq. ft. i ',5 ft., setback 75 ft south 8 it. , ngrth side 30 ft., sn i:h sine 55 ft. Use: Burroughs Corp. - sales office & repair service. 1341 lot with building: Built 1977, owners Eddy &David HErshberg Addition 1981 Building gross 5020 sq. ft. Retail food 800 sq. ft. Office 500 sq. ft. Wholesale cooler & warehouse 3720 sq. ft. Parking 6 front, 8 side, 10 rear. lot size 47,867 sq. ft. Frontage 147 ft., setback 75 ft., north side 100 ft., south 22 ft. Coverage 10% Use: Brothers Two- wholesale & retail food business. PUBLIC HEARING SOU'Iit BURIANGTON PLANNING COMMISSION 1'he South Burlington Planning Commission will hold a public hearing at the :'c,uth Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, Decemtxr 22 , 1981, at 7:30 P.M. to consider the following: Application by Edward Crane for Final Plat Approval of a parcel containing 3 commercial buildings into 3 separate lots on Shelburne Road. Property is bounded on the north by Holmes Road, on the east by Shelburne Road, on the south by Socinski Memorials, and on the west by Holmes Terminal Corporation. Copies of the application are available for public inspection at the South Burlington City Hall. f Sidney B. Poger, Chairman, South Burlington Planning Cammission PLANNING COMMISSION am NOVEMBER 24, 1961 the properties on ahunpike Road. It then thins out going west along the north line. The parking area is below the view line from the east. The evergreens will be 4-5' high. Mr. Levesque mentioned a berm with trees on top of it. Mr. Lisman said it would be 24' to the peak of the roof. The Fire Chief wants a loop around the buildings. Mr. 'Woolery did not want to see that and he asked why the drives from the parking lot to the building were 55' if only vans were going to use them. ,NIr. Carl Lavallee, a resident of Shunpike Road, said he had a water problem on his south line. If this development causes any water to back up, he will have trouble, he said. IVir. Spitz said this development would not change drainage on his land. Mr. Lavallee asked whether this would interfere with the east -west flow -of water and Mr. Poger said it would not. Mr. Poger read a letter from the Zajchowskis (copy on file with Planner). It referred to past experiences the city has had with the developer and asked that the city watch this development carefully. fir. Poger felt the letter was not an unreasonable request. He did not feel it would be unreasonable to ask for a sufficient bond to prevent zoning violations from occurring or repair them if they did occur. Mr. :Mona felt the size of the project and the applicant's previous reputation lead to questions which warrant a technical representative of the applicant coming before the Commission. The was some discussion of reorienting the building to comply with the Fire Chief's requests and to remove traffic between the buildings and behind the homes. The Commission also wants more information on the buildings. i;r. Ewing hoped the developer and Fire Chief could get together and decide how the lay out the buildings. Mr. Jacob felt it would be helpful if the trees could block as much of the view of the buildings as possible. Mrs. Spencer added that there were some homes at the end of the street and it would be nice if their view was blocked also. Mr. Mona felt that what would be done to Shunpike Road would have to be discussed in more detail and he wondered about the Shunpike -Williston Rd. intersection. Yr. Poger felt the sidewalk would have to be addressed and Mr. 'Walsh asked that the applicant talk with the Zajchowskis about the letter and the concerns expressed therein. Mr. Levesque raised the possibility of Digital using some of this space for storage. Mr. Poger said that if they did, there would have to be a requirement that trucks not come dcwn :shunpike Rd. Mr. spitz said the Fire Chief had a concern about water pres:.ure in the area and he felt a fire rating based on the use of the building was needed. Mr. Woolery moved to continue the public hesrin7 for the final slat application cf IN for develo mer_t of commercial industrial buildings on the Brown subdivision for two weeks from tonight at City Hall at 7:30 pm. Yr. Ewing seconded the motion and it carried unanimously. Sketch plan application b&- Edward Crane for subdivision of an existing lot with three buildings into thr e-it is on ::helburne Road Mr. Spitz said the Zoning Board had just given approval for this change as far as dimensional requirements were concerned. This is only for a change in ownership, not in use. Mr. Mona noted that access was totally on the 1341 lot and Mr. 6pitz said a legal easement would have to be given. Mr. Poger saw no problems with the plan as long as the access and layout remained the same. MEMORANDUM lb: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 12/18/81 2) Crane Legal descriptions of the access arrangements and curb -cut restrictions have been received. These should be incorporated into any future deeds conveying one of these lots. I see no problems with this application. 3) South Beach A revised plan has been submitted showing 48 units and including a pedestrian easement around three entire sides of the project. I don't believe the easement has yet been shown along the lake frontage, and the applicant :should make his intentions clear. More information has been shown regarding the request for a 30 foot side setback on the south side, and I believe it is a reasonable request. The fire chief has verbally approved the layout of the project. Applicant has submitted reports on traffic impacts, including the Bartlett's Bay railroad crossing. These reports are being reviewed. However, there has been no further input on previous questions raised on public road standards and on ownership of abandoned roads. Preliminary plat approval should not take place until these are resolved. 4) ICV, Shunpike Road A revised plan and additional data have been submitted, however, several points still have not been adequately addressed. Required information includes the following: (a) A better description of the potential uses, types of storage, and type and volume of traffic. If specific uses are not yet known, potential types of warehousing and/or types of storage that would not be considered should be listed. (b) Data on Shunpike Read and Williston Road improvements. (c) Determination of water flow requirements, including a fire rating for the building. (d) Dollar amounts for building and landscaping. (e) Determination of any sidewalk improvements to be proposed. LEGAL DESCRIPTION LOT NO. I DR. EDWARD B.__CRANE PROPERTY SHELBURNE ROAD, SOUTH BURLINGTON A parcel of land with all buildings thereon situated on the westerly side of Shelburne Road and being more particularly described as follows: Commencing at a point marked by a con- crete monument, said point being at the intersection of the southerly sideline of Holmes Road with the westerly sideline of Shelburne Road and being the northeasterly corner of the lands and premises described herein; thence proceeding N82*49'52"W along the southerly sideline of Holmes Road a distance of 274.38 feet to a Point marked by an iron pipe; thence turning to the left and proceeding S19050'07"W a distance of 40.11 feet to a point; thence turning to the left and proceeding S70111'45"E a distance of 267.76 feet to an iron pipe situated in the westerly sideline of Shelburne Road; thence turning to the left and proceeding N191A8'15"E along the westerly sideline of Shelburne Road a distance of 100-13 feet to the point or place of beginning. All dimensions are more or less and are governed by monuments. Said lands and premises consist of 18,774 square feet and are depicted as Lot No. 1 as shown on a Plat of Survey entitled "Property of Dr. Edward B. Crane, South Burlington, Vermont" dated October, 1980, revised November 30, 1981, and to be re- corded in the Land Records of the City Of South Burlington. Being a portion of the lands and premises conveyed to Edward B. Crane by Quit Claim Deed of John A. Harrell, dated December 30, 1964 and recorded in Book 74 on Page 21 of the Land Records of the City of South Burlington. Said lands and premises have the benefit of and are subject to a 25 foot wide right of way which runs in a generally southerly direction from the southerly sideline of Holmes Road across the westerly portion of the lands and premises described herein. Said 25 foot wide right of way shall provide a means of ingress and egress to and from Lot No. 1, Lot No. 2 and Lot No. 3 as shown on the aforesaid Plat. Access to the herein described lands and premises shall be limited to the aforesaid 25 foot wide right of way, and there shall be no further curb cuts along either Shelburne Road Or Holmes Road unless prior written approval is obtained from the City of South Burlington. LEGAL DESCRIPTION LOT NO. 2 DR. EDWARD B. CRANE PROPERTY SHELBURNE ROAD, SOUTH BURLINGTON A parcel of land with all buildings thereon situated on the westerly side of Shelburne Road and being more particularly described as follows: Commencing at a point marked by an iron Pipe situated in the westerly sideline of Shelburne Road, said Point being the northeasterly corner of the lands and premises described herein and the southeasterly corner of Lot No. 1 as depicted on the hereinafter referenced Plat; thence proceeding N70011'45"W along the southerly sideline of Lot No. 1 a dis- tance of 267.76 feet to a point; thence turning to the left and proceeding S19°50'07"W a distance of 145.00 feet to a point; thence turning to the left and proceeding S701111'45"B a distance of 267.84 feet to a point situated in the westerly sideline of Shelburne Road; thence turning to the left and proceeding N19° 48'15"E along the westerly sideline of Shelburne Road a distance of 145 feet to the point or place of beginning. All dimensions are more or less and are governed by monuments. Said lands and premises consist of 38,831 square feet and are depicted as Lot No. 2 as shown on a Plat of Survey entitled "Property of Dr. Edward B. Crane, South Burlington, Vermont" dated October 1980, revised November 30, 1981, and to be re- corded in the Land Records of the City of South Burlington. Being a portion of the lands and premises conveyed to Edward B. Crane by Quit Claim Deed of John A. Harrell, dated December 30, 1964 and recorded in Book 74 on Page 21 of the Land Records of the City of South Burlington. Said lands and premises have the benefit of and are subject to a 25 foot wide right of way which runs in a generally direction from the southerly sideline of Holmes Road sacrosslthe westerly portion of the lands and premises described herein. Said 25 foot wide right of way shall provide a means of ingress and egress to and from Lot No. 1, Lot No. 2 and Lot No. 3 as shown on the aforesaid Plat. Access to the herein described lands and premises shall be limited to the aforesaid 25 foot wide right of way and by a curb cut to Shelburne Road located at the southeasterly corner of the lands and premises described herein. Access to Lot No. 3 shall also be by said curb cut. There shall be no further curb cuts along Shelburne Road unless prior written approval is obtained from the City of South Burlington. LEGAL DESCRIPTION LOT NO. 3 DR. EDWARD B. CRANE PROPERTY SHELBURNE ROAD, SOUTH BURLINGTON A parcel of land with all buildings thereon situated on the westerly side of Shelburne Road and being more particularly described as follows: Commencing at a point in the westerly sideline of Shelburne Road, said point being the northeasterly corner of the lands and premises described herein and the south- easterly corner of Lot No. 2 as depicted on the hereinafter referenced Plat; thence proceeding N70°11'45"W along the southerly sideline of Lot No. 2 a distance of 267.84 feet to a point; thence turning to the left and proceeding S19°50107"W a distance of 209.40 feet to an iron pipe; thence turning to the left and proceeding S83106123"E a distance of 274.89 feet to an iron pipe situated in the westerly sideline of Shelburne Road; thence turning to the left and proceeding N19148'15"E along the westerly sideline of Shelburne Road a distance of 147.96 feet to the point or place of beginning. All dimensions are more or less and are governed by monuments. Said lands and premises consist of 47,867 square feet and are depicted as Lot No. 3 as shown on a Plat of Survey entitled "Property of Dr. Edward B. Crane, South Burlington, Vermont" dated October 1980, revised November 30, 1981, and to be recorded in the Land Records of the City of South Burlington. Being a portion of the lands and premises conveyed to Edward B. Crane by Quit Claim deed of John A. Harrell dated November 30, 1964, and recorded in Book 74 on Page 21 of the Land Records of the City of South Burlington. Said lands and premises have the benefit of and are subject to a 25 foot wide right of way which runs in a generally southerly direction from the southerly sideline of Holmes Road across the westerly portion of the lands and premises described herein. Said 25 foot wide right of way shall provide a cleans of ingress and egress to and from Lot No. 1, Lot No. 2 and Lot No. 3 as shown on the aforesaid Plat. Access to the herein described lands and premises shall be limited to the aforesaid 25 foot wide right of way and a curb cut to Shelburne Road located at the north- easterly corner of the lot herein described. There shall be no further curb cuts along Shelburne Road unless prior written approval is obtained from the City of South Burlington. 43/� POM5 CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT I Name of Applicant Edward B. Crane II Name of Subdivision _Locus Park III Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, our- veyor, attorney or plat designer since preliminary plat application: None IV Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, developmental timetable, since preliminary plat application None V Attach a final plat drawing (originals not needed) showing the following information: (1) Proposed subdivision name or identifying title, the name and address of the record owner and subdivider, the name, license number and seal of the licensed land surveyor, the boundaries of the subdivision and its general location in relation to existing streets or other land marks, scale (numerical and graphic), date and true north arrow. (2) Street names and lines, pedestrial ways, lots, reservations, easements, and areas to be dedicated to public use. (3) Sufficient data acceptable to the City Engineer to determine readily the location, bearing and length of every street line, lot line, boudary line and to reproduce such lines upon the ground. Where applicable these should be tied to reference points previously established by the city. (4•) The length c-1 -ill straight lines, the dafl-?ctl.on and-s, r: dii, oZ cu-.vc�s and contr-1 oncllc�s of all curves, tang:ant (istnnces and tangent bearings for each street. (5) r'­ pron-�r_ty d _!siCinotion on such rllet, all Public space -Or �icli off•2rs of cession are made by the subdivider anc thosa spaces titli to Jhich is reserved by him. (6) Lots within the subdivision nlwibered in numoric-,1 order 7.rithin blou;;c, and bloc'_s lettered in alphaboticil order. (7) The location of all of the i.raprovements referred to in Section 301.1*;and in adCition thereto the location of all util.it�,7 pol, s, se:nacre; disposal sµ�stems, water supply s.,sturas cn8 rough grading and other devices and mothods of c:roining the rca affecting the subdivision. +=" 500r Vr (") r'cr:;anent re_far.,nco monu-nents sho-In thus: and lot corner rrnarhers sho-m thus: "O". (^ Construction dro-.;ings of ell. : enuired i-,, rov- VI su-)-,Ortinc: eocu1.-12nts listed bel0'.7 (1) Conioc of nronos, e, (feuds, agree --fonts or other ro"M Lets sho,.d.nr th7i, :,i nn r. in which on-:!n space, including park one recrF»tional areas and school site areas, are to be Cedicated, r�_,servcd a,nd rlointoined and a certificate of the Cit­ `:ttor_.1:::� that these docum-3nts are satisfactory. (2) A certificate of the Cita7 ' *1 jnF��er as to the satisfactory co:.nletion of all imnrov(_-.,ments re-uir,�,r by the Co:,uiission, or, in lieu of 7:nl,;, required i_�rovem3ats not so completed, a p�?r or-1ance bon(; to s�-,cure co ir)lntion of such improvement.-. -end their saint^nonce for a period of two yelrs, and ;mitten _vid2nce that the City Council is satisfi^d either with the ',00ading or surety company or with security furnished by the subdivider. (3) A copy of such covenants or deed restrictions as are in- tended to cover all or part of the tract. (4) A prospectus describing the management organization if one is required. (5) In the case of a subdivision or development served by a privately owned and/or maintained street: (a) a copy of all proposed deeds, agreements, or other documents which convey or relate to the use of a privately owned street or right-of-way, and a certi- fic,te of the City Attorney that these documents are satisfactory. T` ' -3-- (b) a complai ed contract betwt3en the lando,mer and the city regareing the number of lots or dwelling units to be servee- by tl;!. ,proposed right -of -,,ray or private street and the responsibility for the road,�ray maint- enance, along with a czrtificate of the ci'.,,� Attorney that thc- contract is satisfactory. r (signature) applicant or on ac. person date DHS 12/22/81 MOTION OF APPROVAL For the Final Plat Application of Edward Crane for subdivision of a parcel containing 3 commercial buildings into 3 separate lots on Shelburne Road, as depicted on a plan entitled "Property of Dr. Edward Crane, prepared by Krebs & Lansing Consulting Engineers, last revised November 30, 1981: Stipulations: 1) The applicant's proposed legal descriptions, containing rights -of -way over adjacent properties and detailing curb cut restrictions, shall be included in all warranty deeds conveying one of these lots. 2) The final plat shall be recorded within 90 days.