HomeMy WebLinkAboutSP-77-0000 - Supplemental - 1341 Shelburne Road5/1G/77
SSP
Su:qested Motion of Approval for Hershberg
I move that the South Burlincitcn Planning Commission
approve the site plan of - David and Edwin Hershberg fcr a
produce business, as depicted on a plan entitled, "Site Plan...
Proposed Produce Facility..." dated 2/21/71, revised 4/22/7-',
drawn by F.H. Spates, subject to the following stipulations:
1. Existing curb cuts be c1osedOAJTtJC
j-`-A
2. Provisions for storm drainage shall., be as approved by
the City Engineer.
3. A sidev:.alk (to City standards) be extended across
the frontage of the property.
4. Bonds, in an appropriate amount to be determined by
the Zoning Administrator, shall be posted for closing
the curb cuts, landscaping, and other necessary site
improvements.
5 The anplicant shall execute a suitable legal instru-
ment- . to permit access from the rear of this property
to the rear of the adjoining properties to the north and
south. This instrument shall be submitted tc the City,
Attorney, for his reviely and approval, 15 days prior to
issuance of a building pern,:it.
M E M O R A N D U M
To: Planning Commission
From: William J. Szymanski, City Manager
Re: Produce Facility, Shelburne Road
Date: May 6, 1977
1. Construct sidewalk along Shelburne Road.
2. Forward plan showing method of handling storm water
run-off.
Respectfully submitted,
LZ.
William . SzjAnanski
City Manager
CITY OF SOUTH BURLINGTON
APPLICATION FOR SITE PLAN REVIEW
DATE /Q 9
NAME OF f/
OWNER F V)4) / fy �J�i /T1 tiER U16C/Qf,-- TEL.
ADDRESS .3� �L�fY�oo� G 1/YF_ , �G�I�C/IY(r 1-6IY.
-7) oAV,cj4 Ec7" TRi1-l- r= 0 PIE
NAME OF
DEVELOPER S ?,CrFS C b /Y G c_ ao rY TEL.# J�O 3- 73 - 3141
ADDRESS Ll/-e LeRfi,06I
LOCATION OF PROPOSED SITE 3 1 SYt G2 IY/_ 11 L)
ADJOINING PROPERTY OWNERS
NAME
A A6 r-iyl fi-ER M t AA04
ly
ADDRESS
/ 9 o 7n 00F trio a /i �'2 s- �•-. C.
I y o- 7qrL ly R
SITE IMPROVEMLNTS MUST BE DETAILED ON PLAN, BELOW LIST ESTIMATED COST
OF:
STORM DRAINAGE WORK $
ENTRANCE & EXIT I1,1PROVEMENTS �
LANDSCAPING COST
UTILITIES (SEWER - WATER) $
TOTAL COST OF SIT^E IMPROVEMENTS $
ESTIMATED CONSTRUCTION COST $
COMPLETION DATE OF SITE IYIPROVEI,:ENTS
MONTH DAY YEAR
SOILS CONDITIONS, MINIMUM DEPTri OF 4 FE:-,T (ADDITIONAL INFORMATION MAY
BE liEQUL'STr,D BY ADMINISTRATIVE OFFICER)
NOTE: APPLICATION AND SITE PLAN MUST FE SUBMITTED TO ADMINISTRATIVE
OFFICER SEVEN (7) DAYS PRIOR TO MEETING DATE.
IGNATURE OF 'APPLICANIO
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5/10/77
SSP
Suggested Motion of Approval for Hershberg
I move that the South Burlington Planning Commission
approve the site plan of -David and Edwin Hershberg for a
produce business, as depicted on a plan entitled, "Site Plan...
Proposed Produce Facility..." dated 2/21/71, revised 4/22/77,
drawn by F.H. Spates, subject to the following stipulations:
1. Existing curb cuts be closed.
2. Provisions for storm drainage shall be as approved by
the City Engineer.
3. A sidewalk (to City standards) be extended across
the frontage of the property.
4. Bonds, in an appropriate amount to be determined by
the Zoning Administrator, shall be posted for closing
the curb cuts, landscaping, and other necessary site
improvements.
5. The applicant shall execute a suitable legal instru-
mente. to permit access from the rear of this property
to the rear of the adjoining properties to the north and
south. This instrument shall'be submitted to the City
Attorney, for his review and approval, 15 days prior to
issuance of a building permit.
M
E
M
O
R
A
N
D
U
M
TO: SOUTH BURLINGTON PLANNING COMMISSION
FROM: STEPHEN PAGE, PLANNING ASSISTANT
RE: HERSHBERG SITE PLAN
DATE: MAY 6, 1977
Existing curb cuts to be closed.
Applicant should agree to cooperate in providing service
access to abutting properties. The enclosed map shows that
this lot is one of four small pre existing lots under the same
ownership -connecting them via a service access to Holmes Road.
-%,�2T1S'TIOh�
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V'W-4j-r-k )
Notice of Incomplete Application
The application of Shelburne Road
owner, developer, or applicant
f or itp plan review
site plan review, subdivision review, right of way approval, etc.
under section(s) 11.70 of the municipal
-Zoning regulations was received by this office
zoning, sub ivision
April 14 1977
ate
This application is incomplete because: Dimensions shown
on plan do not read true.
Landscaping plan is incom fete minimum plantings re wire
61.150 plan shows approximately 0.
April 21, 1977 Richf[" d Ward
date Zoning Administrative 0 icer
Applicant's Option -
and sign as aooronri
3lease read the opti
ate
cribed below
A.-Ij You may resubmit this application, with the deficiencies
corrected, within 10 days, in which case it will be re-
viewed at the next regularly scheduled planning commis-
sion meeting (the second and fourth Tuesdays of each
month).
date Applicant's signature
B.0 As an alternative to resubmitting your application
with the deficiencies corrected, you may have your
application processed as presented, in which case,
the Planning Commission will be given a copy of this
notice.
ate Applicant's signature
Wpvvw� f-,L.�
June 30, 1977
City of South Burlington
South Burlington, Vt. 05401
Re: David and Edwin M. Hershberg
Building Plan - Shelburne Road
South Burlington, Vermont
Gentlemen:
This is to advise you that The Howard Bank has agreed to provide
the above individuals with a construction loan for the building to be situ-
ated on Shelburne Road and to be used in the produce business.
It is our understanding that as conditions required in the issuance
of your permit for the construction of the building, you will require funds
in the amount of $2, 150 to be provided to cover the cost of the curb cuts
required and to provide for landscaping. Please be advised that The
Howard Bank will hold the above amount in escrow to meet the require-
ments of your conditions. These funds will be released only upon written
notice from the City of South Burlington.
Very truly yours,
r
Stanley M. Gran6fleld
Executive Vice, -"President
SMG/sb
111 MAIN STREET - BURLINGTON, VERMONT 05401 - (802) 658-1010
9L - C)��r
CONTRACT
THIS AGREEMENT made the 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 nd adjoining
parcels for vehiclular 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.
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 agreelO to cooperate, from time to time as the possibility
arises, in. 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 , 1977.
WITNESSES:
Owner
CITY OF SOUTH BURLINGTON, VERMONT
By
Duly Authorized Agent
CITY OF SOUTH BURLINGTON
APPLICATION FOR SITE PLAN REVIEW
DATE /0 9
NAME OF
OWNER k� /n/ � �4G/n ��-RtIEA(- TEL.# k6
ADDRESS 3a(,LFrti11IYF_ , I�LlIlk16
NAME OF
DEVELOP ER- ?4jffS if b/YGcaoly TEL.# (pa- k7j-3/f _
ADDRESS �1 1- �/ LIkoaT
LOCATION OF PROPOSED SITE
ADJOINING PROPERTY OWNERS
NAME
p � ra'46 T NCR in
�kfAogV s6 yi
ADDRESS
L Ar A l 9 o 2d v E w®cA � p ,L .
.1._ 1�'4e& Ac(m of
SITE IMPROVEMLNTS MUST BE DETAILED ON PLAN, BELOW LIST ESTIMATED COST
OF: _
STORM DRAINAGE WORK $ `7)
0-7
ENTRANCE & EXIT I:�:YI PROV LNTS 1
LANDSCAPING COST
UTILITIES (SEWER - WATER) c5 vc
_ TOTAL COST OF SITE IMPROVEMENTS S, o
ESTIMATED CONSTRUCTION COST
COMPLETION DATE OF SITE IMPROVE1,4ENTS
MGNTH DAY YEAR
SOILS CONDITIONS MINIMUM DEPTH OF 4 FEET (ADDITIONAL INFORMATION MAY
BE i;EQULSTLD BY ADMINISTR TIVE OFFICER)
NOTE: APPLICATION AND SIDE PLAN MUST BE SUBMITTED TO ADMINISTRATIVE
OFFICER SEVEN (7) DAYS PRIOR TO MEETING DATE.
IGNATURE OF -APPLICANIO
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Order, application of Mr. David Hershberg, for a
Whel l , / rttT„prochirt-h,i-ci npc S 1 241 ShP1 hurna Rnarl
On the 10t h _ day of Ma�4 19 7_, the
South Burlington Planning Commission approved or XkCthe
request of Mr- �r, man Lash, Ag.Pnt
for under Section 11_7
of the South Burlington Zoning Regulations subject.to the
following conditions:
1, Existing curb cuts shall be closed and curbing installed.
2. Provisions for storm drainage shall be as approved b y
the City Engineer.
3. A sidewalk, to City standards, shall be installed across
the frontage of the property.
-4. Performance bonds shall be posted for closing the curb
cuts ($800.00) and landscaping ($1,350.00).
5. Applicant shall execute a suitable legal instrument
to permit access from the rear of the adjoining properties
to the north and south. This instrument shall be submitted
to the City Attorney, for his review and approval, 15 days
prior to issuance of a building permit.
6. A revised landscaping plan, showing a gravel access to
the Holmes property in the rear, shall be submitted prior
to issuance of a building permit.
South Burlington Planning Commission
CONTRACT
THIS AGREEMENT made the 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 nd adjoining
parcels for vehiclular 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.
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 agreel5to cooperate, from time to time as the possibility
arises, in. 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 , 1977.
WITNESSES:
Owner
CITY OF SOUTH BURLINGTON, VERMONT
By
Duly Authorized Agent
AD14INISTRATIVE CHECKLIST
PRODEc, .r 11,11WFILE REFERENCE
1. L=- ER OF NOTIFICATION & APPROVAL A10TION OR FM- INGS & ORDER
2. 70NDINdG OR ESCRO'l AGRE'�Ig1E'NTS
A-"_
• O rIDS
. S
;LKS
(NOTE ALL RELEASES OR AGREEMENT REVISIONS)
3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTED & SI E
INSPECTIONS COMPLETED, ETC.: ispir, 5 to 'Y3-
4. UTILITY EASEMENTS *, BILLS OF SALE
RECORDED
ACCT_D
5. CERTIFICATE OF TITLE x
6. RO1 D.; AYS
DEEDS FOR CITY STREETS ACCEPTED
PRIVATE ROAD & WAIVER AGREEMENT x
7. FINAL PLAT OR RECORD COPY - STAMPED , SIGNED, & FILED OR RECORDED
8. PEDESTRIAN EASEMENT
ACCEPTED & RECORDED
FILED
9. MI`'CE;LE'NEOUS AGRE;'_.1MENTS
LA! �'D FOR ROAD WIDENING
OFFER OF IRREVOCABLE DEDICATION
FUTURE ACCESS POINTS
• SF-=%Ra) :ACCESS POINTS S4P-Wt0Z
OTHER
10. COPY OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES
11. FEES - PAID/DAT E
H ?�RITNG
EuILDI:+s PH"-Rl
(RECO�J CALCUL-.:TiOvS .-'vD D-1POSIT !N _.CCOUNvl )
LG:- UP
i.e. "014 LINTE" !v.:L�jATIOl3: SCA00' : ��5 CAD, COU'TrS
AGREEMENT
This agreement. in triplicate, between David and Edwin
Hershberg , hereinafter referred to as Developer, the City of
South Burlington, hereinafter referred to as City and the Howard
Bank, hereinafter referred to as Bank.
111ITEESSETH:
-WHEREAS, Developer has received site plan approval from the
South Burlington Planning Corwtission for the construction and
development of a 4,000 square foot Produce Facility as depicted
on a final plot plan entitled Pro -posed Produce Facility for David.
and Edwin Hershberg dated 2-21-77 and revised 4-22-77 drawn by
F.7-1. Spates of Spates Construction.
WHEREAS, Developer is required by said approvals, at it's
own expense,, to complete landscaping and entrance criteria as
set forth on hereinbefore mentioned Plot Plan, and
WHEREAS, the -parties to this agreement wish to establish
an escrow account to secure the obligations of the developer as
set forth above; and
Whereas, the Bank executes this agreement solely in the
capacity of escrow agent,
NOW THEREFORE, The parties hereby covenant and agree as
follows:
1. Developer will at its own expense complete the fol-
lowing improvements in connection with its developement;
2, The Developer shall complete the improvements set
forth in Paragraph One no later than November ll__, 1977.
3. The Developer shall repair or replace any faulty or
defective work or improper material which may appear within
year of completion.
4. For the guaranty of Developers performance of all
recu,irements hereink,ove set forth, Leveloper and Bank. agree
that the sizri of $2150-00 shall be set aside and held in
escrow by the Bank and s.all be available for payment to the
City, in accordance with the terms hereinafter set forth.
(Curbs 13800.00; Landscape $1_350-CO)
5. If' the City shall file with the Bank a statement
that Developer is in t'(Ie judment of the City in 6C day
default under the terms of this agreement, the Bank shall
from time to time pay monies from said escrow fund to the
City, in amounts not to exceed a total enabling the City to
complete the improvements and requirements set forth in
this qgreement.
6. The City will promptly submit to the Developer a
copy of any such statement as it files with the Bank. The
consent of the Developer to such payment by the Bank to the
City shall not be required. The Bank shall incur no liability
to the Developer on account of making such payment to the City,
not shall the Bank be required to inquire into the propriety
of any claim by the City of default on the part of the Developer
or into the use of such funds by the City in completing such
improvements.
7. The City shall not file with the Bank a statement of
default until 60 days after notice has been sent by it to the
Developer by certified mail, return receipt requested, setting
forth its intention to dosso.
8. All monies released by the Bank to the City pursuant
to Paragraph 6 shall be used by the City sol §�Ihfor the pur-
pose of performing obligations imposed upon/t e Developer is
then in default. Any work contracted for by the City pursuant
hereto shall be let on a contractual basis, or on a time and
material basis, or shall be performed by the City with its
own work force and equipment or shall be accomplished in such
other manner as in the judgment of the City shall accomplish
the work more expeditiously and economically.
9. If monies are released by the Bank to the City
pursuant to Paragraph 6 and if it shall later develop that a
portion of the released monies are surplus to the City's
needs, any such surplus shall be refunded by the City to the
Bank to be held and distributed by the Bank pr.r-suant to the
terms of this agreement.
10. The Bank will not refuse or delay to make such
payments to the City when requested by the City by the
appropriate statement, and Developer will not interfere with
or hinder such payments by the Bank to the City. Said sta-
tement shall contain a certificate of compliance with the
notice requirements of Paragrqph 8 of this agreemeht.
11. This agreement shall terminate and shall be of no
force or effect upon performance of all requirements contem-
plated hereby.
12. Upon request of Developer, but only mqt the sole
discretion of the City, the City may release a portion of
said escrow funds if the City believes that the retention of
said.funds is not necessary to protect its interests after a
portion of said work has been completed. Bank may release
such funds only upon written consent of the City.
13. Nothwithstanding the provisions of Paragraph 13
the sum of $2150.00 shall be in any event maintained in
the Bank
escrow until certifitermsnof°this agreem,entthe City of
satisfaction of the
14. This agreement shall not only be binding upon the
parties hereto, but also their respective heirs, executors,
administrators, successors and assigns.
day of 1977
Dated y
eve oper V.Vi �ttnd E win Hers
HOWARD I)ANK
s t5q, y AuthoAzed Agen
CITY OF SOUTH BURLINGTON
BY:
s Du y u or Agen
Spates 'The Florist
18 ELM STREET, NEWPORT, VERMONT 05855
1 '� April 22, 1077
PROPOSED
HERSHBERG PRODUCE PROJECT
Shelburne Road
South Burlington, Vermont
20 5-6 ft. White pines
& LANDSCAPING, INC.
PHONE 334-8330
5 6-8 ft. Flowering Hopa crabs
13 3-4 ft. Forsythias
1 10-12 ft. Birch clump
3 2-2' ft. Mugho pines
7 3-31, ft. Hetzi junipers
6 2-2'-, ft. Pfitzer junipers
8 2-21'; ft. Andorra junipers
25 2-2',ft Barberry or Euonymus alatus compactor as hedge
1000 square feet bark mulch
We propose to furnish the above materials for the Iiershberg
Produce Projwct on Shelburne Road in South Burlington, Vermont.
The cost for materials and labor on said project is in the
amount of two thousand three hundred dollars ($2,300.00)
Do las B. Spates
1
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