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HomeMy WebLinkAboutBATCH - Supplemental - 1342 Shelburne RoadSTATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION RE: Dennis Blodgett Application #4C0826 1000 Shelburne Road Findings of Fact and South Burlington, VT 05403 Conclusions of Law and Order 10 V.S.A., Chapter 151 (Act 250) I. INTRODUCTION On October 27, 1989, an application for an Act 250 permit was filed by Dennis Blodgett, 1000 Shelburne Road, South Burlington, Vermont for a project generally described as the construction of 18 condominium units in 5 buildings, with municipal water and sewer services, on 4.4 acres of land located on Holmes Road in South Burlington, Vermont. The application was subsequently amended to 18 condominium units in 3 buildings. The tract of land consists of 4.4 acres with 4.4 acres involved in the project area. The applicant's legal interest is ownership in fee simple described in a deed recorded on April 22, 1988 in the land records of the Town of South Burlington, Vermont. Under Act 250, projects are reviewed based on the 10 criteria of 10 V.S.A., Section 6086(a) 1-10. Before granting a permit, the District Commission must find that the project complies with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of Findings of Fact and Conclusions of Law. The facts we have relied upon are contained in the documents on file identified as Exhibits #1 through #78, and the evidence received at hearings held on January 11, 1990 and March 7, 1990. At the end of the final hearing, the proceeding was recessed pending submission of additional information. The hearing was adjourned on August 14, 1990 upon receipt of the additional information and completion of Commission deliberations. Parties to this application who attended the hearing are: The Applicant by Dennis Blodgett, Lance Llewellyn, and Charles Van Winkle. The Chittenden County Regional Planning Commission by Arthur Hogan, Jr., Executive Director. The Agency of Natural Resources by Elizabeth Lord and Lisa Borre. Page 2 Findings of Fact #4C0826 II. FINDINGS OF FACT Prior to taking evidence with regard to the 10 criteria of 10 V.S.A. Section 6068(a), the parties agreed that the Applicant had met his burden with respect to Criteria 1(Air), 1(A), 1(D-F), 2, 3, 5, 7, 9(A), 9(C-E), 9(G-J), 9(L), and 10 by introducing the application into the record. Parties, therefore, waived the taking of evidence at the hearing concerning these criteria. The following written findings are limited to Criteria 1(B), l(C), 4, 6, 8, 9 (B) , 9 (F) , and 9 (K) . In making the following findings, the Commission has summarized the statutory language of the 10 criteria of 10 V.S.A., Section 6086(a): SECTION 6086 (a) (1) WATER AND AIR POLLUTION: The Commission finds that this project will not result in undue air or water pollution: SECTION 6086(a)(1) AIR POLLUTION: The Commission finds that this project will not result in undue air pollution. SECTION 6086(a)(1)(A) HEADWATERS: The Commission finds that this project is not located in a headwaters area as defined by this section because it is not situated in a drainage area of 20 miles or less above the elevation of 1,500 feet, in the watershed of a public water supply, or in an acquifer re -charge area. SECTION 6086 (a)(1)(B) WASTE DISPOSAL: The Commission finds that this project will meet applicable Division of Protection Regulations and will not result in the injection of waste materials or harmful or toxic substances into groundwater or wells. 1. The estimated 7,290 gallons per day of sanitary wastes will be disposed of through connection to the South Burlington Bartlett Bay wastewater treatment facility. A Water Supply and Wastewater Disposal Permit has been issued which the Commission accepts as evidence that the disposal of wastes meets applicable Environmental Protection Rules and will not Page 3 Findings of Fact #4C0826 result in the injection of waste materials or harmful substances into groundwater or wells (Exhibit #78). 2. The site is flat to gently sloping and the soils are primarily sands over clay. Stormwater runoff from the majority of the roadway and the units will be directed into catch basins designed to remove floatable and settleable solids, thence into a stormwater detention pond on the site, thence to a stormwater detention pond on the adjoining property owned by IDX Corp. prior to discharge to North Brook. The stormwater from a small portion of the roadway and portions of eight units will flow overland to a swale on the western boundary of the property and from there into the proposed stormwater collection sytem. The Commission will require that a Stormwater Discharge Permit be obtained prior to commencment of construction. The Commission will accept this permit as evidence that the project complies with applicable Department of Environmental Conservation Regulations. 3. The IDX stormwater detention pond was improved in 1989 to enable it to handle the increased stormwater from the proposed project. (Testimony of Applicant) 4. The Commission will require that all stumps be disposed of on -site above the seasonal high water table or at a State approved landfill so as to prevent groundwater pollution. SECTION 6086(a)(1)(C) WATER CONSERVATION: The Commission finds that the project utilizes the best available technology for water conservation. 5. The Declaration of Condominium requires the use of water conserving plumbing fixtures in all units. The Commission will condition the permit to require the installation and maintenance of the fixtures. SECTION 6086(a)(1)(D) FLOODWAYS: The Commission finds that this project will not be located in any floodway or floodway fringe (Exhibit #9). SECTION 6086 (a)(1)(E) STREAMS: The Commission finds that there are no streams associated with this project. Page 4 Findings of Fact #4C0826 SECTION 6086(a)(1)(F) SHORELINES: The Commission finds that this project will not be located on any shoreline (Exhibit #9). SECTION 6086(a)(2 & 3) WATER AVAILABILITY AND IMPACT ON EXISTING SUPPLY: The Commission finds that there is sufficient water available to meet the needs of this project and that it will not place an unreasonable burden on an existing supply. SECTION 6086 (a)(4) SOIL EROSION AND THE CAPACITY OF THE LAND TO HOLD WATER: The Commission finds that the construction of the project, if completed as approved, will not cause unreasonable soil erosion or a reduction in the capacity of the land to hold water. 6. The project site is flat to moderately sloping and is generally forested. The soils are sands over clays. 7. Temporary measures for soil erosion control are depicted on Exhibits #70, 71, 72, and 76. They consist of the placement of sediment control devices such as hay bale dams and silt fences at the downslope of all disturbed areas and at the inlet to all swales, storm drains, and ditches, as shown on the plans. After every storm sediment control devices will be inspected for failure or clogging. 8. Permanent erosion controls consist of paving or landscaping all disturbed areas. SECTION (a)(5) TRANSPORTATION: The Commission finds that this project will not cause unreasonable congestion or unsafe conditions with respect to transportation. SECTION 6086(a)(6 & 7) EDUCATIONAL AND MUNICIPAL SERVICES: The Commission finds that this project will not place an unreasonable burden on the ability of the municipality to provide educational, municipal or governmental services. B Page 5 Findings of Fact #4C0826 9. The Applicant estimates that 14 school -age children will be added to the local school system as a result of this project. The South Burlington Superintendent of Schools has indicated that these additional students will not unduly burden the system. (Exhibit #52) SECTION 6086 (a)(8) AESTHETICS, SCENIC BEAUTY, HISTORIC SITES AND NATURAL AREAS: The Commission finds that the project will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas. 10. There are no historic sites or necessary wildlife habitats which will be affected by this project. (Exhibits #9, 11, and 17) . 11. The present site is generally wooded, with some trees exceeding 30 inches in diameter. As part of the local approval, the applicant was required to submit a $20,500 landscaping bond. A $7,500 credit will be applied for not I, removing three of the larger trees on the site. 112. The project will be landscaped as outlined on Exhibit #31. The Applicant agreed to continually maintain the II landscaping as approved. �13. Exterior lighting will consist of fully downshielded 250 watt metal halide fixtures mounted on 15 foot poles and will be installed as depicted on Exhibit #31. All fixtures will have concealed light sources. 1114. The buildings will be a townhouse style with the garages underneath. The exterior of the buildings will be brown vinyl siding. I'15. There will be no signs. f116. A 25 foot undisturbed buffer strip is proposed along the northern and eastern borders of the property. The Commission will also require that the applicant maintain a 25 foot !+ undisturbed buffer strip along the southern boundary of the property adjacent to the University of Vermont property. 1j Page 6 Findings of Fact ##4C0826 17. The Wetlands Specialist from the Vermont Agency of Natural Resources has identified a 1.2 acre wetland on the site, which is identified on Exhibit #56. The wetland is significant for contributing to the quality of surface water through chemical action and providing temporary flood storage. It also contributes to the aesthetics of the area. Although the wetland is small, the Lake Champlain area has been identified as an area where the loss of wetlands has become critical. (Testimony of Lisa Borre, Exhibit ##40) The applicant has redesigned the project to minimize the impact on the wetland by clustering the units in three buildings instead of five. (Exhibit #35) SECTION 6086 (a)(9) CONFORMANCE WITH THE CAPABILITY AND DEVELOPMENT PLAN: The Commission finds that this project conforms to the capability and development plan. SECTION 6086(a)(9)(A) IMPACT OF GROWTH: The Commission finds that the municipality will be able to accommodate the total growth and rate of growth that will result from this project. SECTION 6086(a)(9)(B) PRIMARY AGRICULTURAL SOILS: The Commission finds that the soils on the parcel cannot be considered primary agricultural soils because this 4.4 acre parcel is not of a size capable of supporting or contributing to an economic agricultural operation. SECTION 6086(a)(9)(C) FOREST AND SECONDARY AGRICULTURAL SOILS: The Commission finds that the soils on the site do not qualify as forestry or secondary agricultural soils. SECTION 6086(a)(9)(D & E) EARTH RESOURCES & EXTRACTION OF EARTH RESOURCES: The Commission finds that as no earth resources have been identified on this site, this project does not involve the interference with nor the extraction of earth resources (Exhibit #9). Page 7 Findings of Fact #4C0826 SECTION 6086(a)(9)(F) ENERGY CONSERVATION: The Commission finds that the planning and design of this project reflects the principles of energy conservation and incorporates the best available technology for the efficient use or recovery of energy. 18. The applicant has agreed to include the energy conservation measures recommended by the Public Service Department. (Exhibit #46) 19. The Commission will specifically prohibit the installation and/or use of electric resistance space heating. SECTION 6086(a)(9)(G) PRIVATE UTILITY SERVICES: There are no private utilities proposed for the project. SECTION 6086(a)(9)(H) COSTS OF SCATTERED DEVELOPMENT: The Commission finds that the project is contiguous to an existing settlement. SECTION 6086(a)(9)(J) PUBLIC UTILITY SERVICES: The Commission finds that utility service is available to this project, that an excessive or uneconomic demand will not be placed on such facilities or services, and that the provision of such services has been planned on the basis of a projection of reasonable population increase and economic growth. SECTION 6086(a)(9)(K) DEVELOPMENT AFFECTING PUBLIC INVESTMENTS: 20. The University of Vermont owns land adjacent to this project. The land is used for a horticultural research center. This land is an adjacent public investment. The Chittenden County Regional Planning Commission has proposed a permit condition which would prohibit the extension of Blodgett Boulevard beyond the east entrance of the project. The Commission will incorporate this condition into the permit. Based on this condition, the Commission finds that this project will not unnecessarily endanger any public investment. Page 8 Findings of Fact #4C0826 SECTION 6086(a)(9)(L) RURAL GROWTH AREAS: The Commission finds that this project is not located in a rural growth area as defined by the statute. ;'SECTION 6086(a)(10) CONFORMANCE WITH THE LOCAL OR REGIONAL PLAN: !21. The Commission finds that this project conforms to the local plan. !III. CONCLUSION OF LAW k !'Based upon the foregoing Findings of Fact, it is the conclusion of .:this District Environmental Commission that the project described ,'jin the application referred to above, if completed and maintained ''�in conformance with all of the terms and conditions of that �japplication, and of Land Use Permit #4c0826, will not cause or ;result in a detriment to public health, safety or general welfare liunder the criteria described in 10 V.S.A., Section 6086(a). IIV. ORDER ;Based upon the foregoing Findings of Fact and Conclusions of Law, 'Land Use Permit #4C0826 is hereby issued. -K Dated at Essex Junction, Vermont, this �.� day of August, 1990. fi Louis Borie ,;District #4 Coordinator wp:4C0826.ff By (� Patricia Tivnan Acting Chairperson District #4 Commission Commissioners participating in this decision: Elizabeth Edwards 1 D PLANT LIST N QTY KEY COMMON NAME BOTANICAL NAME SIZE ROOT 8 Shademaster Honeylocust Gleditsia Triacanthos 'Shademaster' 2' Cal BB 1 = 9 74 8 ° Redbud Crab Malus 'Zumi' 5' BB / = 406 6 GENERAL CONDITIONS RCG White Pine Pinus Strobus 3' BB 'jai = '1/Yo 3 Pin Oak 9uercus Palustris 2' BB ( Z 3 97 1. ALL PLANT MATERIAL TO BE FREE OF DISE 18 Canadian Hemlock Tsuga Canadensis 3' BB 45 = = 6-/ o 16 CH Rock Cotoneaster Cotoneaster Horizontalis - 15-18' #2 Can$I d' = / G d 2. FAILED OR UNSATISFACTORY PLANT MAfERI 6 EA Dwarf Winged Euonymus Euonymus Alatus Compactus 15-18' 12 Can `= 9�a OWNER. 16 EF Bigleaf Wintercreeper Euonymus Fortunei Vegetus 15-18' 12 Can 5/ a 3. ALL PLANT MATERIALS TO BE GUARANTEED 'T FS Showy Border Forsythia forsythia Intermedia Spectabilis 2-3' BB 5 = 3 -- QUALITY FOR ONE FULL YEAR AND SUBJECT 16 JC Sargent Juniper Juniperus Chinensis Sargenti 15-18' #2 Can15'= \,2-9/ o ARCi I I TECHT . 6 PV Minnesota Snowflake Mockorange Philacelphus Virginus 'M-S' 2-,3' BB /s _ 1170 4. PROPOSED PLANTING CONDITIONS ARE ILIA 6 PF Gold Drop Potentilla Potentilla Fruticosa 'G-D' 12 ;1' #1 Can !o I G C' SHEET. REFER TO INDIVIDUAL DETAILS F B PJM PJM Rhododendron Rhodendron P.J.M. 1`. !t3' 12 Can /lr — nyy 5. ALL PLANTING TO BE PERFORMED DURING 12 SAW Anthony Waterer Spirea Spirea Bumalda Anthony Waterer 15 13,' #2 Can// _ /2,Ua WITH APPROVAL OF OWNER OF LANDSCAPE � 4 SCH Hancock Coralberry Symphoricarpos Chenaulti 'Hanocki' 12-18' 12 Can 6 SV Common White Lilac S Tin a Vul aris Alba 2-3' BB / 7 - / 02 6. CONTRACTOR SHALL PROVIDE SEASON,ADEOUATWAT Y g 9 MATERIAL THROUGH GROWING SEASON, AND 6 TD Dense Yew Tazus Deusiformis 15-13' BB/ 7 _ VC Fragrant Viburnum Viburnum Carlesi I8-24' 12 Can /P = /0.Z 7. ALL WORK TO BE IN ACCORDANCE WITH AM[ �— 9 VO European Cranberrybush Viburnum Opulis 18-24' BB 1 7 = /S3 STANDARDS FOR MATERIALS AND INSTALLAT 12 VP Blackhaw Viburnum Viburnum Prunifolium 18-24' BB / S — l eo 90 VM Myrtle Vinca Minor 3 112' POT LIGHTING NOTES: _ STREET LIGHTING TO BE GARDCO FORM TEN MA SEMI —SPHERE ARM MOUNT 250 WATT METAL HALIDE, REFLECTOR TYPE -FM (OR EQUAL) AND MOUNTE 15' POLE HEIGHT EXCEPT IF NOTED OTHERWISE. LOCATIONS TO BE AS NO. DATE DESCRIPTION BY AFFIRMATION OF INADEQUATE SEWAGE TREATMENT Permittee: Dennis Blodgett Permit: WW-4-0184 Issued: January 12, 1990 We, the undersigned, do affirm that the Holmes Road Extension (project) authorized through the above -noted permit will not be allowed to utilize the Bartletts Bay Wastewater Treatment Facility for sewage treatment. Municipal approval for connection of this project terminated on /9 93 We are aware that permits run with the land and that if the property was sold since the permit was issued, the permittee is the new land owner, not the original owner named on the permit. We understand that this statement will be used as evidence of inadequate sewage treatment in the proceedings for revocation of the above -noted permit. For the City of South Burlington By ' `�t Dated 3 Tit 1 V f Ct,(/ir/E� By _ Title By _ Title Dated Dated By Dated TAX MAP #: 79-10-8 GRAND LIST #: 1540-01342-C FILE #: 91-40 LOCATION: 1350 SHELBURNE ROAD DATE APPLICATION PURPOSE 8-6-85 SP CARWASH 10-28-86 SP-WITHDRAWN it 2-24-87 SP OFFICE 4-7-87 SK RETAIL/OFFICE/M.F. 7-21-87 SP RETAIL/OFFICE 2-23-88 SK 18 UNIT PRD 5-10-88 PP 11 if " 5-10-88 RSP RETAIL/OFFICE 8-18-88 FP 18 UNIT PRD 11-1-88 FP 2 LOT SUBDIVISION 12-20-88 RSP RETAIL/OFFICE 4-18-89 SK 18 UNIT PRD 7-11-89 PP if ifif 9-5-89 FP it" 3-20-90 SK If" DATE APPLICATION PURPOSE 6-19-90 FP 18 UNIT PRD 12-9-91 CUP OUTSIDE STORAGE FILE NAME: HAZELTON,MELENDY(ESTATE) FARRELL, THOMAS BLODGETT,DENNIS BLODGETT ZONE CHANGE BLODGETT,DENNIS BLODGETT-PUD 11 if BLODGETT,DENNIS BLODGETT-PUD BLODGETT,DENNIS it 11 BLODGETT-PUD 11 if if it ff if FILE NAME BLODGET-PUD PLAZA INVESTMENTS State of Vermont • Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council AGENCY OF NATURAL RESOURCES 103 South Main Street Waterbury, Vermont 05676 PERMITS, COMPLIANCE & PROTECTION ANNEX OFFICE BUILDING Department of Environmental Conservation TEL: 244-5674 July 30, 1990 Margaret Picard Town Clerk Town Office South Burlington, VT 05403 RE: PUBLIC NOTICE DRAFT STORMWATER DISCHARGE PERMIT Dear Ms. Picard: Enclosed are three copies of a public notice regarding a draft discharge permit to be issued to Dennis Blodgett for the discharge of stormwater runoff from Blodgett II, a multi -family condominium project. One of these notices is information for the local officials. Would you please post the other in a public place for disseminating this information to the local inhabitants? We are also sending copies of this notice to other local officials and interested persons who have asked to be included on our mailing list. We will be glad to send you additional copies if you desire, or add names of interested persons to our mailing list. Sincerely, Brian D. Kooiker, Chief Permits and Compliance Section Enclosures (3) cc: Dennis Blodgett, applicant Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION THE ANNEX 103 SOUTH MAIN STREET WATERBURY, VERMONT 05676 NOTICE: Draft Discharge Permit PUBLIC NOTICE NUMBER: 1-0935 PUBLIC COMMENT PERIOD: August 2, 1990 to September 3,1990 PERMITTEE INFORMATION PERMITTEE NAME: Dennis Blodgett PERMITTEE ADDRESS: 1000 Shelburne Road South Burlington, Vermont 05403 NPDES NUMBER: N/A FILE NUMBER: 04-14 DISCHARGE INFORMATION NATURE: Stormwater runoff VOLUME: Unspecified RECEIVING WATER: North Brook EXPIRATION DATE: June 30, 1995 DESCRIPTION: This is a Draft Discharge Permit for the discharge of stormwater runoff from Blodgett II, a multi -family condominium project located off Route 7 in South Burlington, Vermont, to North Brook. TENTATIVE DETERMINATIONS Tentative determinations regarding effluent limitations and other conditions to be imposed on the pending Vermont permit have been made by the State of Vermont Agency of Natural Resources (VANR). The limitations imposed will assure that the Vermont Water Quality Standards and applicable provisions of the Federal Clean Water Act, PL 92-500, as amended, will be met. -2- FURTHER INFORMATION The complete application, proposed permit, and other information are on file and may be inspected at the VANR, Waterbury Office. Copies, obtained by calling (802) 244-5674, will be made at a cost of 10 cents per page from 8:00 a.m. to 4:00 p.m., Monday through Friday. PUBLIC COMMENTS/PUBLIC HEARINGS Public comments to the proposed permit are invited and should be submitted in writing prior to September 3, 1990 to the Agency of Natural Resources, Department of Environmental Conservation, Permits and Compliance Section, Annex Building, 103 South Main Street, Waterbury, Vermont 05676. Any person, prior to such date, may submit a request in writing to this office for an informal public hearing to consider the proposed permit. A hearing will be held only if response to this notice indicates significant public interest. The file number should appear next to the VANR address on the envelope and on the first page of any submitted comments. All comments received prior to the above date will be considered in formulation of the final determinations. Once a final permit has been issued following a public hearing and notice of this fact given, any person may, within thirty (30) days after the issuance of such notice, appeal the issuance of the permit to the Vermont Water Resources Board pursuant to Title 10 V.S.A., Chapter 47, subchapter 1269. Timothy J. Burke, Commissioner Department of Environmental Conservation AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION THE ANNEX 103 SOUTH MAIN STREET WATERBURY, VERMONT 05676 NOTICE: Draft Discharge Permit PUBLIC NOTICE NUMBER: 1-0935 PUBLIC COMMENT PERIOD: August 2, 1990 to September 3,1990 PERMITTEE INFORMATION. PERMITTEE NAME: Dennis Blodgett PERMITTEE ADDRESS: 1000 Shelburne Road South Burlington, Vermont 05403 NPDES NUMBER: N/A .FILE NUMBER: 04-14 DI-SCHARGE INFORMATION NATURE: Stormwater runoff VOLUME: Unspecified RECEIVING WATER: North Brook EXPIRATION DATE: June 30, 1995 DESCRIPTION: This is a Draft Discharge Permit for the discharge of stormwater runoff from Blodgett II, a multi -family condominium project located off Route 7 in South Burlington, Vermont, to North Brook. - TENTATIVE DETERMINATIONS Tentative determinations regarding effluent limitations and other conditions to be imposed on the pending Vermont permit have been made by the State of Vermont Agency of Natural Resources (VANR). The limitations imposed will assure that the Vermont Water Quality Standards and applicable provisions of the Federal Clean Water Act, PL 92-500, as amended, will be met. -2- FURTHER INFORMATION The complete application, proposed permit, and other information are on file and may be inspected at the VANR, Waterbury Office. Copies, obtained by calling (802) 244-5674, will be made at a cost of 10 cents per page from 8:00 a.m. to 4:00 p.m., Monday through Friday. PUBLIC COMMENTS/PUBLIC HEARINGS Public comments to the proposed permit are invited and should be submitted in writing prior to September 3, 1990 to the Agency of Natural Resources, Department of Environmental Conservation, Permits and Compliance Section, Annex Building, 103 South Main Street, Waterbury, Vermont 05676. Any person, prior to such date, may submit a request in writing to this office for an informal public hearing to consider the proposed permit. A hearing will be held only if response to this notice indicates significant public interest. The file number should appear next to the VANR address on the envelope and on the first page of any submitted comments. All comments received prior to the above date will be considered in formulation of the final determinations. f Once a final permit has been issued following a public hearing and notice of this fact given, any person may, within thirty (30) days after the issuance of such notice, appeal the issuance of the permit to the Vermont Water Resources Board pursuant to Title 10 V.S.A., Chapter 47, subchapter 1269. Timothy J. Burke, Commissioner Department of Environmental Conservation AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION THE ANNEX 103 SOUTH MAIN STREET WATERBURY, VERMONT 05676 NOTICE: Draft Discharge Permit PUBLIC NOTICE NUMBER: 1-0935 PUBLIC COMMENT PERIOD: August 2, 1990 to September 3,1990 PERMITTEE INFORMATION.- PERMITTEE NAME: Dennis Blodgett PERMITTEE ADDRESS: 1000 Shelburne Road South Burlington, Vermont 05403 NPDES NUMBER: N/A FILE NUMBER: 04-14 DISCHARGE INFORMATION NATURE: Stormwater runoff VOLUME: Unspecified RECEIVING WATER: North Brook EXPIRATION DATE: June 30, 1995 DESCRIPTION: This is a Draft Discharge Permit for the discharge of stormwater runoff from Blodgett II, a multi -family condominium project located off Route 7 in South Burlington, Vermont, to North Brook. - TENTATIVE DETERMINATIONS Tentative determinations regarding effluent limitations and other conditions to be imposed on the pending Vermont permit have been made by the State of Vermont Agency of Natural Resources (VANR). The limitations imposed will assure that the Vermont Water Quality Standards and applicable provisions of the Federal Clean Water Act, PL 92-500, as amended, will be met. -2- FURTHER INFORMATION The complete application, proposed permit, and other information are on file and may be inspected at the VANR, Waterbury Office. Copies, obtained by calling (802) 244-5674, will be made at a cost of 10 cents per page from 8:00 a.m. to 4:00 p.m., Monday through Friday. PUBLIC COMMENTS/PUBLIC HEARINGS Public comments to the proposed permit are invited and should be submitted in writing prior to September 3, 1990 to the Agency of Natural Resources, Department of Environmental Conservation, Permits and Compliance Section, Annex Building, 103 South Main Street, Waterbury, Vermont. 05676. Any person., prior to such date, may submit a request in writing to this office for an informal public hearing to consider the proposed permit. A hearing will be held only if response to this notice indicates significant public interest. The file number should appear next to the VANR address on the envelope and on the first page of any submitted comments. All comments received prior to the above date will be considered in formulation of the final determinations. f Once a final permit has been issued following a public hearing and notice of this fact given, any person may, within thirty (30) days after the issuance of such notice, appeal the issuance of the permit to the Vermont Water Resources Board pursuant to Title 10 V.S.A., Chapter 47, subchapter 1269. Timothy J. Burke, Commissioner Department of Environmental Conservation State of Vermont LAND USE PERMIT /d v,;f pdo CASE NO.: 4C0826 LAWS/REGULATIONS INVOLVED APPLICANT:Dennis Blodgett 10 V.S.A., Chapter 151 ADDRESS: 1000 Shelburne Road (Act 250) South Burlington, VT 05403 District Environmental Commission #4 hereby issues Land Use Permit #4C0826, pursuant to the authority vested in it by 10 V.S.A., Chapter 151. This permit applies to the lands identified in Book 256, Page 271, of the land records of the Town of South Burlington, Vermont, as the subject of a deed to Dennis Blodgett, the "Permittee" as "Grantee". This permit specifically authorizes the Permittee to construct 18 condominium units in 3 buildings, with municipal water and sewer services, on 4.4 acres of land located on Holmes Road in South Burlington, Vermont. The Permittee, and his assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed, operated and maintained as set forth in Findings of Fact and Conclusions of Law #4C0826, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit. 3. By acceptance of this permit, the Permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health and regulations and with this permit. PFCEIVED AU' 2.71990 PLANNING COMMISSION 19 JUNE 1990 page 2 3. Public Hearing: Revised Final Plat application of Dennis Blodgett for construction of an 18 unit planned residential de- velopment on a 4.4 acre parcel of land on Holmes Road east of Shelburne Rd. Mr. Blodgett noted that Act 250 had concern with a small wet area at the west side of the project. Through negotiations, the plan has been revised so that houses are now in 3 clusters of 6 units each. Utilities will be extended and water will be looped. Mr. Blodgett also noted that the Holmes Rd. extension will be built. Ms. Peacock moved the Planning Commission approve the Revised Final Plat application of Dennis Blodgett for construction of an 18 unit planned residential develr�nTnent on a 4.4 acre parcel as shown on an 8 page set of plans, page one entitled "Blodgett Property Development, Overall Site Plan," prepared by Fitzpatrick - Llewellyn, Inc, and dated April 1990, with the following sti u- Iai-inn.q- 1. The stipulations contained in the September 5, 1989 approval and not superseded by this approval shall remain in effect. 2. The applicant shall post a $20,500, 3-year landscaping bond prior to permit. The Commission grants an $8,500 credit for the existing trees within the private loop and the 25 foot undisturbed buffer strip. The trees to be saved within the private loop and 25 foot undisturbed buffer strip shall be surrounded by a snow fence to protect them during construction. 3. The plan shall be revised prior to recording to indicate the name of the proposed public street tobe Holmes Road. 4. The Revised Final Plat shall be recorded in the office of the City Clerk within 90 days or this approval is null and void. The plat shall be submitted to the City Planner for approval prior to recording. Mrs. Maher seconded. Motion passed unanimously. 4. Public Hearing : Continue Preliminary Plat Application of Alan Palmer for construction of a 10 unit planned residential development on a 4.9 acre parcel on Dorset Street. Mr. Palmer said since the last meeting he had contacted the Natural Resources people and have determined there is a wetland area. The proposed plan will stay out of that area. The house existing on the lot will be kept. In the location of the present d Page 2 Land Use Permit #4C0826 4. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees for himself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. 5. This permit hereby incorporates all of the conditions of the Water Supply and Wastewater Disposal Permit #WW-4-0184-1 issued on August 23, 1990 by the Regional Engineer, Division of Protection, Agency of Natural Resources. 6. The Permittee shall apply and maintain calcium chloride and/or water on all roadways or disturbed areas within the project during construction and until pavement or vegetation is fully established to control dust. 7. Prior to commencement of construction of any roadways, utilities, or buildings, the Permittee shall file a Discharge Permit issued by the Agency of Natural Resources. 8. The installation of floor drains is specifically prohibited without prior written approval of the District Environmental Commission. 9. The Permittee shall apply to the District Environmental Commission for approval for any change in the use of the building or land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes into the soils. 10. The Permittee and all assigns and successors in interest shall install and maintain water conserving water fixtures in all units. The plumbing fixtures shall operate with the following specifications: (1) internal system water pressure of 50 psi maximum, (2) toilets with a maximum of 3.5 gallons per flush, (3) showerheads operating with a maximum of 3 gallons per minute and (4) faucets on sinks and lays shall operate at a maximum of 3 gallons per minute. 11. The Permittee shall comply with Exhibits #70, 71, 72, and 76 for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans prior to commencement of construction. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. From October 1 to April 15 of any calendar year, all disturbed areas of the construction site shall be mulched until final vegetative cover is established. All erosion control devices shall be periodically cleaned, Page 3 Land Use Permit #4C0826 replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate and impose additional conditions with respect to erosion control as it deems necessary. 12. In addition to conformance with the requirements of condition #11, the Permittee shall not cause, permit, or allow the discharge of waste materials into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. 13. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #31 by replacing any dead or diseased plantings as soon as seasonably possible. 14. The installation of exterior light fixtures is limited to those approved in Exhibits #22 and #60, and shall be mounted no higher than 20 feet above grade level. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 15. No exterior signs shall be installed without the prior written approval of the District Commission. 16. The Permittee and all successors and assigns in interest shall maintain an undisturbed, permanently vegetated buffer strip along the norther and eastern boundaries of the property and along the border with the University of Vermont on the southern boundary of the property. 17. All heated structures approved herein shall be constructed with insulation with an R-Value of at least R-19 in the exterior walls, at least R-38 in the roof or cap and at least R-10 to a depth of four feet around the foundation or slab. The exterior doors shall be insulated and shall attain a minimum R-value of at least R-10. The windows shall be double pane with low-E glazing or storm or shall be triple pane and attain a minimum R value of at least R-2.75. All exterior doors and windows shall be weatherstripped and all seams sealed and joints sealed to minimize air infiltration. Additional energy conservation measures shall include the installation of oil or LP gas or natural gas heating systems with an Annual Fuel Utilization Efficiency (AFUE) of a minimum of 80%; water heating systems shall attain a minimum Energy Factor (E.F.) of: Gas - E.F. = .62 (.0019 x rated storage Page 4 Land Use Permit #4C0826 volume in gallons); oil - E.F. _ .59 (.0019 x rated storage volume in gallons). 18. The installation and/or use of electric resistance space heating is specifically prohibited without the prior written approval of the District Environmental Commission. 19. Blodgett Boulevard shall not be extended beyond the east entrance to the project without the prior written approval of the District Environmental Commission. 20. There shall be no dredging, draining, or filling of wetlands on the property except in areas as shown on the site plans by Fitzpatrick-LLewellyn, Inc., dated April 1990, sheets 1 of 8 and 2 of 8. 21. Should the town at any time agree to accept any private utilities being then operated by the Permittee and/or assigns and successors in interest, the Permittee and/or assigns and successors in interest shall be responsible to improve the same to Town specifications and shall deed all lands involved with said improvements to the Town. 22. Each prospective purchaser of any units shall be shown a copy of the approved plot plan, Water Supply and Wastewater Disposal Permit, the Land Use Permit and the Findings of Fact before any written contract of sale is entered into. 23. The Permittee shall reference the requirements and conditions imposed by Land Use Permit #4C0826 in all deeds to said units. 24. All construction on this project must be completed by October 1, 1992. 25. This permit shall expire on March 1, 2020 unless extended by the District Commission. Notwithstanding the latter date, this permit shall expire one year from date of issuance if the Permittee has not demonstrated an intention to proceed with the project. In any event, substantial construction must occur within two years of the issuance date. 26. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Page 5 Land Use Permit #4C0826 A. Dated at Essex Junction, Vermont, this A4' day of August, 1990. c Louis Borie District #4 Coordinator wp:4C0826.pmt By Patricia Tivnan Acting Chairperson District #4 Commission Commissioners participating in this decision: Elizabeth Edwards GXHII3IT (,1:�'1' g D R X A I: H I' C I E E B I I V T E D N O. I'()P I N T E R E D B Y A APP1,1C'ATION II 4CO826 (1) - s A =A PPL.I CANT i T -TOWN T11C=-TOWN PLANNING COMMISSION f RPC==REGIONAL PLANNING COMMISSION AEC- AGENCY OF ENVIRONMENTAL CONSERVATI01q AOT=-AGENCY OF TRANSPORTATION DPS=DEPARTMENT OF PUBLIC SERVICE ANR = AGENCY OF NATURAL RESOURCES fyy t NATURE OF EXHIBIT DATE ENTERED Land Use Permit Application (8/4/89) 1 9/22/89 2 Schedule A Fee information (8/4/89) 3 Schedule C Wat5,r Supply & Wastewater Disposal (8/4/89) o, 4 List of abutting property owners e 5 Schedule F Certification of Service (8/4/89) 6 School Impact Questionnaire (undated, unsigned) 7 Municipal Impact Questionnaire (undated, unsigned) 8 Project location map (USGS) }} 9 f Project description and Schedule B information t i 10 Letter by William A. Fisk, AOT (5/10/89) t 11 Letter by Thomas R. Myers, District Wildlife Biologist, ANR (7/21/89) ' 12 Letter by James W. Goddette, Sr., Chief, So. Burlington Fire l Dept. (7/24/89) 1.3 ?. Letter by Velma Periman, New England Telephone (7/27/89) s .4 "` Letter by Eugene L. Shlatz, GMP Corp. (8/11/89) z 5 Letter by Michelle Myers, IDX Corp. (9/9/88) 6 Letter by Joe Weith, City Planner, City of So. Burlington (9/13/89) i 7 Letter by Eric Gilbertson, Dir., Div. of Historic Preservatiot c (8/3/89) f 3 Letter by Jeffrey A. Nelson, Geologist, Wagner, Heindel & Noyes, Inc. (10/5/8g) EXI1FHl'1' I,1`1'1' FOP AIIPI,ICAT ION jj ( 2 ) f D R F, A=APPLICAN`I' X A 1, 14 'I' =TOWN H 'I' (- 1' TPC=TOWN PLANNING COMMISSION I E I E RPC=REGIONAL PLANNING COMMISSION B I R AEC=AGENCY OF ENVIRONMENTAL CONSERVATION I V E AOT=AGENCY OF TRANSPORTATION T E D DPS=DEPARTMENT OF PUBLIC SERVICE., D ANR = AGENCY OF NATURAL RESOURCES N B O. Y NATURE OF EXHIBIT DATE ENTI:14'1) 19 9/22/89 20 " 21 " 22 " 23 " 24 " 25 It 26 It 27 of 28 " 29 " 30 " 31 " 32 6/29/90 33 1/17/90 34 8/2/90 35 6/21/90 Document: Bartlett/North Brook Watersheds prepared by Wagner, Heindel & Noyes, Inc. (10/5/88) Letter by Jeffrey A. Nelson, Wagner, Heindel & Noyes Inc. (8/16/89) Document: Bartlett Brook/Blodgett Property Hydrologic Review (8/16/89) Lighting information Floor plan & design of units Letter by Joseph C. Oppenlander, Trans/Op Inc. RE: Traffic; Analysis (3/21/88) i Plan: Overall site plan sheet 1 of 7 (last rev. 8/16/89) i t Plan: Site & Utilities Plan sheet 2 of 7 (last rev. 8/31/891,) Plan: Holmes Road Extension Plan & Profile, sheet 3 of 7 (5/88) i Plan: Typical Details Site Facilities, sheet 4 of 7 (5/89) j Same as above sheet 5 of 7 t -.'Plan: Erosion Control & Site Facilities, sheet 6 of 7 (5/89)' i Plan: Landscape and Lighting Plan sheet 7 of 7 (5/89) a Letter by Charles Van Winkle, Fitzpatrick -Llewellyn Inc., to Lou Borie, District #4 Coordinator (6/28/90) WW-4-0184 dated 1/12/90 Draft Discharge Permit #1-0935 (7/30/90) f Memorandum from Lisa Borre, Wetlands Specialist, ANR to Elizabeth Lord, Asst. to the Land Use Atty., ANR RE: 4CO826 (6/19/90) EXH 1 13I T E 1) R X A I: B I I V T f: D N 0. 36 6/22/90 37 9/5/89 38 2/l/90 39 40 41 2/13/90 42 to 43 2/2/90 44 2/8/90 45 1/17/90 46 11/16/89 47 10/27/89 48 491 12/5/89 1Z AI'I1,1�A'f'fON i14C0826 (3) A _APPLICANT T `DOWN TP<-'TOWN PLANNING COMMISSION RPC�REGIONAL PLANNING COMMISSION AHC=-AGENCY OF ENVIRONMENTAL CONSERVA` 10jq AOT�AGENCY OF TRANSPORTATION DPS=DEPARTMENT OF PUBLIC SERVICE ANR == AGENCY OF NATURAL RESOURCES NATURE OF EXHIBIT DATE ENTERED Letter by Catherine Jamieson, Environmental Engineer, ANR to Charles Van Winkle, Fitzpatrick-Lllewellyn Inc. (6/20/90) Letter by Lisa Borre, Wetlands Specialist to Maoira Malone, Fitzpatrick -Llewellyn Inc. (8/29/89) Pre -Hearing Comments, Elizabeth Lord, ANR Land Use Attorneys Office (1/26/90) Office Memorandum to Mark Sinclair, Land Use Attorney from Lisa Borre, Wetlands Spec. (11/7/89) Letter by Lisa Borre, Wetlands Spec. to Moria Malone, Fitzpatrick' --Llewellyn Inc. (8/29/89) Letter by Arthur Hogan, Jr., CCRPC to Louis Borie, Dist. Coord. RE: #4C0826 (2/13/90) Letter by Charles Van Winkle, Fitzpatrick -Llewellyn Inc. to Louis Borie, Dist. Coord. (2/7/90) Letter by Charles Van Winkle, Fitzpatrick -Llewellyn Inc. to Louis Borie, Dist. Coord. (1/30/90) ; Letter by Robert Levite, Planning Division, ANR to Louis i Borie, Dist. #4 Commission RE: #4C0826 (2/5/90) Subdivision Permit #EC-4-1432 dated 1/12/90 f i Memorandum to District #4 Environmental Commission from Stuart Slote, Dept. Public Service (11/15/89) Letter by Lealand Graham, Acting Chief of Police, So. Burling Police Dept. to Charles Van Winkle, Fitzpatrict-Llellyn Inc. (10/17/89) Letter by Todd Sternbach, ANR to Dennis Blodgett RE: StormwkLt Discharge Permit (11/30/89) f Letter by Charles Van Winkle, Fitzpatrick -Llewellyn Inc. to Lou Borie, Coord. (10/16/89) ton er f EX1-1I I3I r E O R E X A I: N H `I' I' I E E E B I R I V E T 1;� D D N B O. Y 50 51 F1Pa 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 3/7/90 ANF 2/2/90 )P AI'll 1,1 <'A'1'1014 I14C0$26 (4) A=AI'11LI CANT T _=`DOWN `I'PC=TOWN PLANNING COMMISSION RPC=REGIONAL. PLANNING COMMISSION I AEC=AGENCY OF ENVIRONMENTAL CONSF.RVATIC;N AOT=AGENCY OF TRANSPORTATION DPS=DEPARTMENT OF PUBLIC SERVICE ANR = AGENCY OF NATURAL RESOURCES NATURE OF EXHIBIT DATE EO Letter by Robert L. Gardner, Superintendent, City of So. Burlington to Charles Van Winkle RE: Act 250 Review (10/3/8() Letter by James Fay, Operations Manager, Champlain Water District to Charles Van Winkle, Fitzpatrick -Llewellyn Inc. (9/22/89) Letter by Frederick Tuttle, Superintendent of Schools So. Burlington School District to Charles Van Winkle, Fitzpatrick -Llewellyn Inc. (10/13/89) Letter by Gregory Eurich, Manager, Hortcultural Research Center to Charles Van Winkle, Fitzpatrick -Llewellyn Inc. (9/29/89) Comprehensive Plan Goals i Sectioh of Temporary Sediment Basin t Plan: Wetlands Boundary Map ' Data for Elevation - Storage Curve { Declaration of Condominium of Blodget Condominium Exhibit A - By -Laws - Article I Plan of Unit Ownership E Lighting Cutsheets Notice of Complete Appiicaticn ANR 1/12/90 z i Plans: Overall site plan (5/89) sheet 1 of 8 Plan: Site & Utilities Plan (5/89) sheet 2 of 8 i Plan: Holmes Road Extension Plan & Profile sheet 3 of 8 Plan: Typical Details & Site facilities (5/89) sheet 4 of 8f i Plan: Typical Details & Site facilities (5/89) sheet 5 of 8 } Plan: Typical Details Erosion Control & Site facilities (5/89f11', sheet 6 of 8 EX111HI'1' I,I.`>'1' 1'O)t 4L0$26 (5) E A=APPLICAN`I` - X A 11 N 'I' =TOWN H 1' C 1' '1'PC=TOWN PLANNING CO"ISSION I (', I.' E RPC=REGIONAL PLANNING COMMISSION B I R AEC=AGENCY OF ENVIRONMENTAI, CONSERVATION I V E AOT=AGENCY OF TRANSPORTATION T i•; D DPS=DEPARTMENT OF PUBLIC SERVICE D ANR = AGENCY OF NATURAL RESOURCES N B O. Y NATURE OF EXHIBIT DATE ENTERED 68 2/2/90 69 of 70 6/29/90 71 of 72 it 73 It 74 " 75 " 761 to 771 ti 781 �8/23/90 Plan: Landscape & Lighting Plan sheet 7 of 8 (5/89) Plan: Sanitary Sewer Profile sheet 8 of 8 (1/90) Plan: Overall Site Plan sheet 1 of 8 (4/90) Plan: Site & Utilities Plan sheet 2 of 8 (4/90) c Plan: Plan & Profile sheet 3 of 8 (5/90) Plan: Roadway Profile Street "A" sheet 4 of 8 (4/90) Plan: Typical Details & Site Facilities sheet 5 of 8 (5/90) Plan: Typical Details & Site facilities sheet 6 of 8 - 15/90) � Plan: Typical Details & Erosion Control & Site Facilities I sheet 7 of 8 (5/90) ! Plan: Landscape Plan sheet 8 of 8 (4/90) WW-4-0184-1 issued 8/21/90 CERTIFICATE OF SERVICE I hereby certify that I, Louis Borie, District Coordinator for the # 4 District of the Environmental Board, sent a copy of the foregoing Land Use Permit and Findings of Fadt and Conclusions of Law6and Order #4CO826 by U.S. Mail, postage paid, on this aay of August 1990 to the following: Dennis Blodgett 1000 Shelburne Road South Burlington, Vermont 05403 Charles Van Winkle Fitzpatrick -Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Margaret Picard, City Clerk Chairman, Board of Selectmen Joe Weith, City Planner and City Planning Commission Chuck Hafter, City Manager 575 Dorset Street South Burlington, Vermont 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, VT 05453 Representative, State Agencies Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, VT 05676 FOR YOUR INFORMATION District #4 Environmental Commission Patricia Tivnan Elizabeth Edwards 111 West Street Essex Junction, Vermont 05452 Page 2 Certificate of Service #4CO826 Lisa Borre, Wetlands Specialist Agency of Natural Resources Water Quality Division, 10 North 103 South Main Street Waterbury, Vermont 05676 ;Regional Engineer ,Agency of Natural Resources 111 West Street Essex Junction, VT 05452 Dept. of Health Attn: Donna Chandler 60 Main St. Burlington, VT 05401 'Dated at Essex Junction, Vermont, this,-4 day of August i 1990. BY Louis Borie CS4CO826/eb State of Vermont AGENCY OF NATURAI. RESOURCES Department of Environmental Conservation Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 Department of Fish and Wildlife Department of Forests, Parks, and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council June 7, 1990 Plaza Investments 1350 Shelburne Road So. Burlington, VT 05403 RE: WW-4-0061-2 Lilydale Bakery -Cafe use previously approved bldg for bakery -cafe, 75 seats, 10 employees,mun water and sewer Dear Applicant: We received your completed application for the referenced permit on 06/04/90, including a fee of $495 paid for by Check Number 6303. This application falls under the Water/Wastewater: Greater than 1000 GPD Program Area, and under the Performance Standards for this program area, we have 45 days of 'in-house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 days in-house, please contact this office at 879-6563. Please note that this does not constitute receipt of your application under the requirements of Act 250. If you have questions relating to Act 250 jurisdiction, a District Coordinator_ may be reached at 879-6563. the Divisio f Protection, 7yo, arrabee Administrative Secretary CC: none SOUTH BURLINGTON Planning Commission State of Vermont Department of Fish and Wildlife Department of Forests, Parks, and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council Dennis Blodgett 1233 Shelburne Road Suite E-3 South Burlington. VT 05402. RE: !^M-4-0184-1 revise bl.dg layouts same # of units in 3 bldgs instead of 5 municipal water and sewer Dear Applicant: � . Un,4 ee(c n , AGENCY OF NATURAL. RESOURCES Department of Environmental Conservation Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 July 10, .1990 We .received your completed application for the referenced permit on 07/09/90, including a fee of $100 paid for by Check Number 14848. This application falls under the plater/19astewater: Greater than 1000 GPD Program Area, and under the Performance Standards for this program area. we have 45 days of 'in --house' time for our revie%: of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about. the r_ev.ie�-i process, or if you have not received a decision on your application within the 45 days in-house, please contact this office at. 879-F563. Please note that this does not constitute receipt of your application under the requirements of Act 250. I:f. you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879--6563. For the Division of Protection i re Larrabee Administrative Secretary CC., Fitzpatrick-11wellyn SOUTH BURLINGTON Planning Commission FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 28 June 1990 Mr. Lou Borrie Coordinator, District #4 Environmental Commission III West Street Essex Junction, Vermont 05452 RE: Dennis Blodgett Development, South Burlington L.U.P. Application #4COB26 FILE: BB132 Dear Mr. Barrie: On behalf of Dennis Blodgett-, we are submitting revised drawings for the above referenced Project. The proposal is still for iB units, however, they have been clustered into 3 buildings instead of five. You will also notice the buildings have also been re -located to the east. The Project was re -designed to avoid the "wet area" along the western edge of the property. Our Client had elected to move the units rather than commission a study on the function of the wet area. We believe the relocated buildings adress the concerns of the Agency of Natural Resources expressed by Lisa Borre. Our client is anxious to complete the permit process, would you please let us know the procedure involved in bringing the application review to a closure. We remain available should the Commission have any questions concerning the revised design. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED Z14 Charles Van Winkle cc: Dennis Blodgett City of South Burlington Chittenden County Regional Planning CVW/kal CVW#2:88132 Design 9 Inspection 9 Studies • Permitting 0 Surveying 6/19/90 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Revised Final Plat application of Dennis Blodgett for construction of an 18 unit planned residential development on a 4.4 acre parcel as shown on an 8 page set of plans, page one entitled, "Blodgett Property Development, Overall Site Plan," prepared by Fitzpatrick -Llewellyn, Inc. and dated April, 1990 with the following stipulations: 8'9 1. The stipulations contained in the September 5, 19X approval and not superseded by this approval shall remain in effect. 2. The applicant shall post a $20,500, 3-year landscaping bond prior to permit. The Commission grants an $8,500 credit for the existing trees within the private loop and the 25 foot undis- turbed buffer strip. The trees to be saved within the private loop and 25 foot undisturbed buffer strip shall be surrounded by a snow fence to protect them during construction. 3. The plan shall be revised prior to recording to indicate the name of the proposed public street to be Holmes Road. 4. The Revised Final Plat shall be recorded in the office of the City Clerk within 90 days or this approval is null and void. The plat shall be submitted to the City for approval prior to record- ing. ��jyUYIP% Planning File Data for Computer input 1. Original Property Owner 2. Developer's Name 3. Name of Development. 4. Address of Development or Project_ 5. Type of Project $ Minor Subdivision (MI) Major Subdivision (MS) Site Plan (SP) 6. Zoning District 1- 7. Zoning District 'L R. Zoning Board Approval date if Required 9. Date of Planning Commission Hearings/Meetings Site Plan Date - or Sketch Plan Date 10. Preliminary Plat date 11. Final Plat Date ' 1'L. Revised Final Plat Date 1 (if applicable) l 3 . Revised Final Plat Date 2 ( if applicable) 14. Acreage of Total Project �! 7 15. Use of Land 1 1 h; . Use of' band L Usf• of Land 3 t se of Land 4 1 9. Number of Lots / �U. Number of Single FamiIy Units 21. Ntmnher of MuIti- fnmiINr Uniis- «. c'�II t I.Ilet i on Cos t 0 f• lira i I d i n� 23. 24. 25. 26. 27. 28. 29. 30. 31. Size of Building (Square footage) Streets _ esS �- e—j- City Street CS Private Street PS Date of Acceptance of streets by City _ Bond -Landscaping Bond -Streets Ze '/' Bond -Sewer 1, Bond -Water Bond -Other„ -- Date Mylar Due (90 days after approval) 32. Date Recorded - 33. Expiration date of Approval 34. Date of First Building Permit 34 . Tax Map Number 36. Map File Location 1 37. Map File Location 2 38. Map File Location 3 sV ' Other fees ( Type and amount) 3, 4,0o t2_ /ems, �14A Ste. k. 2' Preparers Name: `,(GU.. • Date: Posted in Computer (Name, Date): 4 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: June 19, 1990 agenda items Date: June 15, 1990 3) BLODGETT PROPERTY. HOLMES ROAD EXTENSION Plans titled Blodgett Property Development dated April 1990 prepared by Fitzpatrick are acceptable. The name of the street will be Holmes Road not Blodgett Boulevard. 4) PARK PLACE• DORSETSTREET 1. Indian Creek entrance shall include curbs on both sides of the street. 2. Sidewalk shall be constructed one foot from the street r.o.w. line. Water shut offs shall be in this one foot strip. 3. A 20' x 20' triangle sight easement shall be provided at intersecting streets. 4. Power and telephone lines shall be in easements outside of 60' street r.o.w. 5. Street lights shall be included in the street construction work. MEMORANDUM! To: South Burlington Planning Commission From: Joe Weith, City Planner Re: June 19, 1990 agenda items Date: June 15, 1990 3) BLODGETT, 18 UNIT PRD, HOLMES ROAD This project was approved on 9/5/89 (minutes enclosed). To avoid problems with the wetlands identified on the western portion of the site, the applicant has redesigned the project and is coming back to the Commission. Access/Circulation: Access would still be a loop road off of Holmes Road Extension. There would be two 24' curb cuts, one 230' from the western property line the other 230' from the eastern property line. Circulation is adequate. Setbacks/Coverage: Setback requirements are met. A 25' undis- turbed buffer zone is still proposed. Parking: 41 parking spaces are required. 42 spaces are shown. This includes one garage space and one driveway space per unit. 6 guest spaces are proposed. Layout: The 18 units are being clustered in three, 6 unit build- ings. Landscaping: The project requires $20,500 in new landscaping. The plan proposes a wide assortment of species which are valued at $12,000. This represents a waiver of $8,500. A significant amount of existing vegetation will remain on the site. Other: The road should be named Homes Road instead of Blodgett Boulevard as shown on the plan. I suggest the private loop road be named "Blodgett Circle" or maybe "Weith Way". 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 dune 15, 1990 Mr. Dennis Blodgett 1000 Shelburne Road South Burlington, Vermont. 05403 Re: 18 Unit PRD, Holmes Road Dear Denny: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next. Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, June 19, 1990 at. 7:30 P.M. to represent. your request. qi cere y, Joe Weitri, City Planner Encls cc: Lance Llewellyn JW/mcp FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 18 May 1990 Mr. Joe Weith South Burlington City Planner 575 Dorset Street South Burlington, VT 05403 Re: Blodgett Property Development, Stormwater Management File: 88132 Dear Mr. Weith: On behalf of Dennis Blodgett we recently submitted to your office a revised set of drawings depicting a new layout for the above referenced Project. Specifically, the units within the Project were reconfigured to minimize encroachment onto a wet area near the western property border. The revised layout clusters the units into three buildings instead of five. As part of the two previous approvals, the stormwater management scheme was reviewed by Wagner, Heindel & Noyes utilizing the TR 20 computer model of the Bartlett Brook watershed. As was the case with the two previous submittals, detention of stormwater runoff, mitigating the effects of 25 year 24 hour storm, was accomplished in conjunction with an existing stormwater management pond on the IDX property. The previous review by WH&N required that the existing outlet on the pond be modified to accept additional runoff. These modifications were implemented when the commercial building on the corner of Holmes Road and Route & was constructed. In keeping with the overall scheme of stormwater management, any accumulated stormwater runoff from the new layout will be collected by catch basins or allowed to flow overland and enter the storm drain system. The proposed storm drain system will direct runoff, via storm sewers, into the management pond on the IDX parcel. The proposed management scheme is consistent with the previously reviewed and approved management proposal. We have calculated the impervious area associated with the site and found that the square footage is less than what was previously approved. We can therefore assume that the peak rate of stormwater runoff will be similar to what was calculated for the Project in the report dated 5 October 1988 by WH&N. Design • Inspection • Studies • Permitting • Surveying Mr. Joe Weith File: 88132 18 May 1990 Page Two We would request that the Commission waive the required review by WH&N due to the fact the Project has already undergone two reviews. The impervious surface is reduced suggesting a lower peak rate of runoff, and the management scheme is consistent to what was already reviewed. We have performed runoff calculations on the new layout, and found that the peak rate of stormwater runoff is less than what we calculated in the previous layout. Should you have any questions please contact us. Sincerely FITZPATRICK-LLEWELLYN INCORPORATED 04�117 Charles Van Winkle cc: Dennis Blodgett FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services ACT 250 NOTICE APPLICATION AND HEARING 10 V.S.A., SEC. 6083-6088 Application #4CO826 was filed on October 27, 1989 by i�Dennis Blodgett, 1000 Shelburne Road, South Burlington, Vermont 05403 for a project generally described as the „construction of 18 multi -family units in 5 buildings on 4.4 acres of land located off of Holmes Road in South Burlington, Vermont. This project will be evaluated in accordance with the 10 environmental criteria of 10 V.S.A., 6086(a). Statutory parties to this application are the municipality of ';South Burlington, the South Burlington Planning Commission, 'the Chittenden County Regional Planning Commission, affected State agencies and any adjacent Vermont municipality and ;iplanning commission. Adjoining property owners may participate to the extent that the proposal will have a direct effect on their property under the 10 criteria. Other persons may participate at the discretion of the District Commission. If you wish to participate, please contact the Coordinator for further information before the first hearing or date specified below. Copies of the application and plans for this project are available for inspection by members of the public during regular working hours at the South Burlington City Office, the Chittenden County Regional Planning Commission, and the District #4 Environmental Office. A public hearing is scheduled for Thursday, January 11, 1990 at 5:15 p.m. at the Chittenden County Regional Planning !,Commission Office, 66 Pearl Street, Essex Junction, Vermont. A site visit will be held at 4:30 p.m. Dated at Essex Junction, Vermont, this day of December 1989. By Louis Borie District #4 Coordinator 111 West Street Essex Junction, Vermont 05452 #879-6563 4CO826/eb FITZPATRICK-LLEWELLYN INCORPORATED D Engineering and Planning Services 0 One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 7 February 1990 Mr. Louis Borie, Coordinator District 4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 RE: Application 4C0826, Dennis Blodgett, 1B Multi Family Units South Burlington File: BB132 Dear Mr. Borie: We have received a copy of the Pre Hearing Comments from the Agency of Natural Resources on 26 January 1990, concerning the above referenced Project. Since the hearing was held was held on 11 January 1990, on behalf of Dennis Blodgett, we wish to respond to the Agency's concerns. Criterion I The Vermont Department of Health requests that a Land Use Permit not be issued until the Department has approved the Project. Information was submitted, and the Department has approved the extension of the water line. See enclosed letter from the Vermont Department of Health by Kris Khatri PhD. dated 18 December 1989. A Water Supply & Wastewater Disposal Permit was issued on 12 January 1990. Criterion B - Wetlands The applicant responded to this issue under Criterion 1(G) Wetlands. We have also received a Letter from Robert A. Levite of the Agency of Natural Resources Planning Division, requesting the Commission re open this criterion to hear additional testimony. Mr. Levite's letter contains a few errors which we would first like to clarify. Mr. Levite states that the application was submitted on 27 August 1989. The application was actually submitted on 21 September 1989, and due to an outstanding response from the police chief, was not determined to be complete until 27 October 1989. The applicant did receive a letter from Lisa Borre dated 29 August 1989, stating her opinion. Both you and Mark Sinclair, the Land Use Attorney for the Agency, were copied on the letter. At the public the Commission obviously decided that the criteria responses in the Schedule B were sufficient. Design 0 Inspection 9 Studies 0 Permitting 0 Surveying Mr. Lou Borrie File: 86132 7 February 1990 Page Two. In light of the correspondence received after the hearing, the applicant would like to reiterate the criteria response with respect to wetlands. The applicant maintains there are no significant wetlands within the Project area. Ms. Borre's correspondence of 29 August 1989 indicates a wet area. The total acreage of said wet area is 1.15 acres, the area of impact is 0.8 acres. Under federal regulations, if this was in fact a wetland, the site would qualify for a nationwide permit without mitigation because it is impacting less than 1 acre as mapped by Ms. Borre. Furthermore, the site is not identified on the National Wetlands Inventory Map published by the U.S. Department of the Interior, Fish and Wildlife Service. Under the proposed Vermont Wetland Regulations sponsored by the Water Quality Division, Wetlands are divided into three classes. Class One Wetlands have been specifically identified by the Water Quality Division. Class Two Wetlands are all wetlands shown on the National Wetlands Inventory Map. Class Three Wetlands are those wetlands which are not designated as Class One or Class Two. Since the Water Quality Division has not identified this site to be a Class One Wetland, and the site is not identified on the National Wetland Inventory Maps, the site is therefore a Class Three Wetland. Under the proposed Vermont Wetland Regulations, Class Three Wetlands are those wetlands which have not been determined to be so significant as to warrant protection under the rules. Criterion 1(G)-c Wetlands, indicates that if the wetland regulations do not apply to the wetlands associated with the Project the applicant shall address the value of the wetlands under 1E (streams), 1F (shorelines), 4 (soil erosion), 8 (scenic beauty), and 8A (wildlife habitat). In meeting the intent of this criteria based on the alleged wetland, the applicant offers the following response. 1E Streams - There are no identifiable streams within this site. The drainageway within the site will be maintained in as natural condition as possible. Where possible, all natural vegetation will be left in place, and will be augmented by additional landscaping. IF Shorelines - There are no shorelines within the Project as defined under Title 10, Section 6001. 4 Erosion Control - As discussed at the hearing and in the narrative, an erosion control plan has been developed incorporating a series of staked hay bales, silt fence and a sedimentation pond as methods of sediment containment. Updated plans were forwarded to the Commission under a transmittal letter dated 30 January 1990. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Lou Borrie File: 08132 7 February 1990 Page Three BA Scenic Beauty - As discussed at the hearing the applicant has incorporated a vegetative buffer strip along the northern and eastern sides of the Project. This buffer strip will be supplemented by the preservation of existing trees, and the installation of additional landscaping. Much of the site will remain undisturbed. SA Wildlife Habitat - There are no significant wildlife habitat areas located on the Project area. See letter from Thomas Myers dated 21 July 1989. We trust the enclosed information will adequately respond to the Entry of Appearance by the Agency of Natural Resources and enable the Commission to conclude positive findings of fact concerning this Project. With respect to Mr. Levite's letter, the applicant contends that it contains no new information which was previously un available to the Commission. The Commission was copied on Ms. Borre's letter, and the Agency had ample notification to attend the warned public hearing. To reconvene the hearing based on an oversight on the Agency's part, would further compromise the applicants right to a timely hearing under the conditions of the permit process. Should you have any questions please contact us. Sincerely FITZPATRICK.- EWLL,N I'1V RPORATED e� �? Char e ; Va4, Wi hk 16J cc: Dennis Blodgett Joe Weith, City Planner, City of South Burlington, Margaret Picard, City Clerk, City of South Burlington Chittenden County Regional Planning Commission Mark Sinclair, Agency of Natural Resources FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 7, 1990 Mr. Dennis Blodgett. 1000 Shelburne Road South Burlington, Vermont 05403 Re: 18 Unit PRD, Holmes Road Dear Danny: ZONING ADMINISTRATOR 658-7958 Enclosed are the 6/19/90 Planning Commission meeting minutes. Please meet the stipulations contained in the approval motion before recording the final plat or applying for a building per- mit. Please call if you have any questions. i cere y, J e Weith, ity Planner 1 Encl cc: Lance Llewellyn JW/mcp Memorandum - Planning March 20, 1990 agenda items March 16, 1990 Page 4 Sewer: A sewer allocation of 225 gpd will be required based on a estimate of 15 employees. The applicant shall pay the $2.50 per gallon fee at permit. Landscaping: A landscaping plan will be required for final plat. 8) BLODGETT, 18 UNIT PRD, HOLMES ROAD This project was approved on 9/5/89 (minutes enclosed). Appar- ently, the Agency of Natural Resources identified wetlands on the western portion of the site. The project is tied up in Act 250 proceedings. Denny decided to redesign the project and come back to the Commission. Layout.: The 18 units are being clustered in three, 6-unit build- ings on the eastern portion of the site. Access/Circulation: Access would be provided off an extended Green Mountain Drive. The property would be accessed by a 24 foot wide curb cut. An 18 foot wide, one way, private cul-de-sac would serve the development. Circulation is adequate. Parking: 41 parking spaces are required. 42 spaces are shown. This includes one garage space and one driveway space for each unit. 6 guest spaces are proposed. The driveways should be extended 2 - 3 feet in order to provide adequate space for parked cars. Setbacks: .3ettack requirements are met. 9) SECOND ACCESS, BUTLER FARMS, HINESBURG ROAD Homer Dubois is requesting the City to allow him to use the proposed connection between Butler Farms and Oak Creek Village as a second access to his development. This would allow him to develop more than 50 units and allow him to develop the remainder of lots approved by Act 250. I see no problem with allowing this as a second access. The road should be constructed according to the approved Oak Creek Village plans. The road should be opened up with the gravel base laic', before issuance of building permits. TO: FROM: RE: DATE: 1. :tj � 9�ittl�iCl=='T1CCI Lllit�l t��l1'i: itim, 014tl_, (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE 1 F-` P-UgSDAY JUNE 12 , 1990 AGFRNDA ITEMS FRIDAY JUNE 8,1990 BLODGETT PROPERTY DEVELOPMENT PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT AND THE FOLLOWING MUST BE DONE FOR EMERGENCY PROTECTION: A. THE ROAD SHOULD STAY AS HOLMES ROAD B. TWO HYDRANTS ARE REQUIRED FOR THE NUMBER OF BUILDINGS AT A LOCATION APPROVED BY THIS DEPARTMENT. 2. WESSEL SUB -DIVISION VAN SICKLEN THE PLANS WERE REVIEWED BY THE FIRE DEPARTMENT AND THE FOLLOWING IS OUR CONCERN IF WE ARE TO GIVE PROPER FIRE PROTECTION: A. A WATER SYSTEM SHOULD BE INSTALLED AND PROPER NUMBER OF HYDRANTS AT A LOCATION APPROVED BY US. B. ALL ROADS OR STREETS WHERE THEIR ARE BUILDINGS MUST BE NO LESS THEN 30' WIDE. C. THE DEVELOPMENT SHOULD BE REDESIGNED SO NOT TO HAVE SO MANY DEAD END STREETS. PLANNING COMMISSION 20 March 1990 page 7 parking as the Commission wants, but he didn't think it was in the aesthetic interest of the project to tear up the landscaping to do that. Mr. Craig said he had a strong objection to parking inthe front so close to the entrance because of the lack of stacking space. He also didn't think it was good aesthetically to take the green space in front for a parking lot. Ms. Peacock noted that would also violate the 15 ft. undisturbed buffer strip in front. She said that adding parking in the back for a building in front won't work, especially since people won't park there now. She thought it was absurd to think they would park there in the future to walk even further to the new building. Regarding traffic, the applicant shows 140 peak hour trips and previously had approval for 310 with the approval that included the bank. Mr. Weith said they will generate less than 160 which was the criteria used for the level of service study. Mr. Craig said he had a problem with Tom Adler's letter. The survey was done on January 26th which was a real crummy day and well after the peak retail season. He wanted to measure this PCD the same way every other PCD is measured, by ITE data. Ms. Peacock and Mr. Belter agreed. Mrs. Maher agreed and said she would vote no on the basis of inadequate parking and its location. She added she was very disappointed in Tom Adler in that he would use someone else's figures. He should have had his people doing the counting. Ms. Pugh agreed with the need for a level of service study but was not ready to turn them down on'the basis of parking. Mr. Burgess also wanted a level of service study. Mrs. Maher noted when this project was approved it was done so with the ingress and deceleration lane at an angle to discourage its use as an egress. She wanted to go back to that configuration and also to tell the Environmental Board that what is there is not working. Mr. Burgess also noted the problem with the rear exit. He said signs are inadequate to direct people out and they are not using that egress. The Commission's concerns were summed up as follows: length of the "throat" into the parking area violation of the 15 ft. green strip, inadequate parking, parking being added is too far away, a level of service study at the intersections, better internal signage. 8. Review sketch plan application of Denny Blodgett to construct an 18 unit planned residential development on 4.4 acres, Holmes Rd Mr. Blodgett noted that Act 250 had raised concerns about a wetland area. All other criteria were met. After a second I' PLANNING COMMISSION 20 March 1990 page 8 hearing, Mr. Blodgett said he met with a wetland specialist and agreed to revise the plan to minimize impact on the wetland. The new proposal shows 3 buildings with 6 units each in a circular form. The access would be off Green Mountain Drive. Mr. Blodgett said he hadn't been denied on the other plan but it's gone on so long it seemed to be in the best interest to work for a compro- mise. This plan would remove the Act 250 concerns. Ms. Peacock asked the status of the Holmes Rd. Extension. Mr. Blodgett said IDX says not to count on them for the second part of the road because they won't use another access. Question of the 18 ft. drive around the project was raised. Members wanted 24 ft., especially for fire trucks. Mr. Weith noted tbatSzymanski wants a sidewalk on Green Mountain Dr. and wants it moved back so the water line goes between the sidewalk and the road. Mr. Mansfield suggested asking other neighbors how they feel about the plan. 9 Revised Final Plat application of Homer Dubois to construct a connector road (Adirondack St) between Butler Farms and Oak Creek Village and to treat this connection as a second access to the Butler Farms residential development, Holmes Rd. Mr. Cobb said the entrance between lot 15 and lot 16 goes to a pump station. The gravel is there and the curb cuts are there. Next to lot 1 there is another access to Oak Creek. He noted that last year S. Burlington started issuing building permits in excess of 50 to Butler Farms. Before the Zoning Administrator was told to stop doing this, 7 lots had been sold. Owners believed they could get building permits. It was their understanding that it was the Planning Commission that doesn't feel the Oak Creek access is acceptable as a second access. A concensus of members felt that Adirondack St. was OK for a second access. Mr. Burgess noted that what Mr. Dubois wants in essence is approval to build the 50 more units but to build 6 now before the road is in. Mr. Craig said the applicant is not providing any- thing that would guarantee the road will be built. Mr. Belter asked what happens if the applicant doesn't get state approval for the second access to Hinesburg Rd. and he has built all those 50 more houses. He noted it is much cheaper to build Adirondack St. than the Hinesburg Rd. access. Mr. Austin felt that what the ap- Memorandum - City Engineer March 20, 1990 agenda items March 16, 1990 Page 2 8) BLODGETT PROPERTY. HOLMES ROAD _ GREEN MOUNTAIN DRIVE 1. Pavement width should be at least 24 feet even for one way traffic. This will allow emergency vehicles to pass if someone is parked in the area. 2. The road shall remain private and maintained by residents until such time as Holmes Road is extended and connected. 3. The sidewalk should be constructed one foot from the r.o.w. line. The water main shall be within this grassed strip. 9) BUTLER FARMS, DUBOIS DEVELOPMENT, HINESBURG ROAD 1. Both developers shall be in agreement on who will build what portion at the street connection. 2. The street connection shall have a curb opening for access to the sewage pumping station. 10) CUMBERLAND FARMS, SHELBURNE ROAD Storm drainage details shall be submitted for review and approv- al. C �v /8 C:1'1'Y OL•' SOUPI1 bUU1,1N-;l0N Subdivision Application - FINAL 1'1.A'.I' 1) Name of Applicant Dennis Blodgett 2) Name of Sulxiivision Blodgett Property Development _ 3) Indicate any changes to ntulle, uddrl",s, or phone nuidyer of owner of rewrd, applicant, contact person, engineer, surveyor,• attorney or plat designer since preliminary plat application:` None 4) Indicate any changes to the subdivision, such as nunber of lots or uni Ls, property lines, applicant's legal interest in the prolxxrLy, or develohllOnLaL tinx-table, since preliminary plat appli.cutiola: Revised layout to avoid Wetlands _ Encroachment by consolidating the 18_units into 3 buildings from 5mrevious.__ Utility _ services remain in the same basic confii u_ration. 5) S,ulxl►it four copies of a final set of plans wrisist.ing of a final plat plu'i engineering drawincls and containing all inforiiotion required ur!<ler Section 20::.1 of the sulxiivision regUiations for a minor subdivision and under suction 204.1(a) for a major subdivisiun. G) Submit two draft copies of: all le(jal Lkx unl--nts regUirQll under' section 202.1 (11) and (12) of the subdivision re,-JulaLions for a mimm: subdivision tend under section 204.1(b) for a major subdivision. (Siynaturc) ��hh].ic�u�t or. culiltict Orson DALe City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 15, 1990 Dennis Blodgett. Blodgett Insurance Company 1000 Shelburne Road South Burlington, Vermont 05403 Re: 18 Unit PRD, Holmes Road Dear Denny: ZONING ADMINISTRATOR 658-7958 Enclosed are the March 20, 1990 Planning Commission meeting minutes. Please call if you have any questions. Sere14 Joe Weith, City Planner 1 Encl cc: Lance Llewellyn JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 16, 1990 Mr. Dennis Blodgett Blodgett Insurance Compancy 1000 Shelburne Road South Burlington, Vermont 05453 Re: 18 unit PRD Dear Denny: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, March 20, 1990 at ,:30 P.M. to represent your request. Zer/e 1 , C• Joe Weith, City Planner Encls cc: Lance Llewellyn JW%mcp } PAGE #2 4. 5. CUMBERLAND FARM SITE TUESDAY MARCH 2O,1.990 PLANNING MEETING 974 SHELBURNE ROAD AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. BLODGETT PROPERTY DEVELOPMENT HOLMES RD/GREEN MT. DR. PLANS REVIEWED AND AT THIS TIME THE FOLLOWING SHOULD BE LOOKED AT: A. HYDRANT INFRONT OF UNIT 6 & 7 MUST BE RELOCATED TO THE CENTER OF CIRCLE AT A LOCATION APPROVED BY THE FIRE DEPT. B. I HAVE A CONCERN THAT THE ROAD LEADING TO THE UNITS IS FROM GREEN MT. DRIVE. WHICH IS A MILE FROM THE SOUTH END FIRE STATION. ALSO BECAUSE OF THE SHELBURNE ROAD PROBLEM WITH THE NUMBER OF ACCIDENTS WE HAVE AT SHELBURNE RD AND GREEN MT. DRIVE THERE CAN BE A PROBLEM WITH TRAFFIC BACK UP TO BEABLE TO GET EQUIPMENT UP GREEN MT. DRIVE. THE CITY PLAN HAS BEEN TO EXTEND HOLMES ROAD WHICH WOULD BE LESS TIE UP AND CLOSER FOR EQUIPMENT TO RESPOND. 6. LAKE WOOD COMMON SHELBURNE ROAD RLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME I DO NOT HAVE A PROBLEM WITH THE BUILDING I DO FEEL THAT WE HAVE A PARKING PROBLEM. AT DIFFRENT TIMES OF THE DAY NOW WITH JAKE'S RESTAURANT ALL PARKING IS TAKEN AND PEOPLE PARK IN THE ROAD WAY WHICH WOULD MAKE IT IMPOSSIBLE TO GET EMERGENCY EQUIPMENY IN IF NEEDED, WITH ANOTHER BUILDING I FEEL IT WILL BE WORST. PLUS WHEN THE DEVELOPMENT WAS APPROVED WE CALLED FOR A LOOP WATER SYSTEMTO BE TIED IN AT HOLMES ROAD AND SHELBURNE ROAD DUE TO THE SIZE OF THE DEVELOPMENT. ON THE PLAN I SEE THE WATER SYSTEM HAS ONLY TIED IN FROM HOLMES. IF THE COMMISSION APPROVE'S THE BUILDING THE TIE IN TO SHELBURNE ROAD SHOULD BE DONE. pot 573 zoel �r 1►J� `�Lo�TT - C4P." ,&�a..qe., ,. _ _ .... " _-_.. .. �...... -� ►.�........_ .... .�....- e w ..v ...... .. ,. ..-., w .. �r� r.r-.rvw-wvr�r., 1r-rw-rw r'wvw wv 1ARA 15110 k VJaA-b (nr FILL 114�-- s L,-� w � 64.,-,4e 4 CA -IC- / c � I.fSVmo� �.` our J ✓,iGliv/S/Di7 1410z 0-1% . i(JGIL S O �-1 I oG— TNIAL � �Z ❑ Districts #1 & #8 RR #2, Box 2161 Pittsford, VT 05763 (802) 483-6022 ❑ Districts #2 & #3 RR #1, Box 33 N. Springfield, VT 05150 (802) 886-2215 Districts #4, #6 & #9 111 West Street Essex Junction, VT 05452 (802) 879-6563 STATE OF VERMONT Environmental Board District Environmental Commission M E M O R A N D U M TO: ALL PARTIES L% FROM: Louis Borie, District #4 Coordinator DATE: February 23, 1990 SUBJECT: #4C0826, Dennis Blodgett, South Burlington ❑ District #5 324 North Main Street Barre, VT 05641 (802) 479-3621 ❑ District #7 180 Portland Street St. Johnsbury, VT 05819 (802) 748-8787 ❑ Environmental Board Office c/o State Office Building Montpelier, VT 05602 (802) 828-3309 The District Commission has received a request dated February 5, 1990 from Robert Levite, Planning Division, Agency of Natural Resources, to reconvene the hearing on the above -referenced application to discuss the issue of wetlands. After reviewing this request, and the response from the applicant's engineer, the Commission has decided to reconvene the hearing to take evidence from the Agency of Natural Resources and the applicant regarding wetlands (Criterion 8). The District Commission reached this decision after reviewing the application, the information submitted by the Agency of Natural Resources, and the applicant's response. The Commission feels that the applicant was given sufficient notice prior to the submission of the application that the site contains wetlands. The application states that no wetlands exist on the site and the applicant's presentation did not cover wetlands. The Commission feels, therefore, that the application was incomplete on the issue of wetlands. The reconvened hearing has been scheduled for Wednesday, March 7, 1990 at 4:00 PM at the Essex District Environmental Office, 111 West Street, Essex Junction. If any party has questions about this hearing, please contact me as soon as possible. I I � HAZELTO1J „ l L1 449 - - .� x _ r1 ,. ,i 6 u. T /AULT FA--� g. • / iI 1J k i 32 (Ty I' I r I I \ I \ Is OC OTT JJ _� N" 5 PLAZA ASSOG:ATES I \ 1 I 1!' HOLMES' ROAD I i O Y toys �g ti°4 I I r r I I y / i i O r .1 I i Sl�a! To f _ rn4u woLE J I : NOTES _ 'LEGEND 1. Owner/Applicant --- Dennis Blodgett Blodgett Insurance == -- P®oPp{!O PI-PSRT7. 1-:NE I� �•J 1000 6h+l bur no Road !•pw• oc GAsl rn p,JT Lw! 6auth Burlington, Vermont bo-r& cK OR IbUFFlE LUJE a ----- e,<ISTwq coNTO" L��e 1 2. onedl Residential 4 6'w-- Lx:STiNf -AT6. NE < °"P S —0 rx­T:,dS 4M41TAEY 1.0-Wit w/HYpIA,•tT 3. Project D.... iptfonl T e-f Se.+le w/MYoIA'dT ti l� 1 tin --I s --�— P4oPoseo SAJ 4 A. IS multi-famllY units In 3 bulltlf n9a. B. 220 t/- public roadway emtenslon to Grown Mountain Drive with >,as:= lxioT�NS 4ToCrA 1EWEC Wi"ptM ia4s1N curbs both sides and sidewalk on one side 30' wide pavement --- Ex��Pw15 TG6EUN6 rot:red In e.i+Clog rl9h1 of way. 5915TlNq s: EDgE aP P4vEmNT r LJ dway/parklnq as a on: -way cul-do-sac. w w Plo roseo w4TEE l:•1E v/HY DIAr�T 4. Perimeter property line information taken from plan entitled ; Ii "Composite Survey for Blodgett Property Development" by y1�nJI` ' FiI Patrick -Llewellyn Incorporated, dated September 1988, rrvisetl E _ 4 November 1988. 5. Foisting feature+ and topography taken from plan entitled "Master Sit. Plan - The Blodgett Development" by Nieman.-Lamphars --- -_--- -- _ � — -- - - - -- -- / Architects, dated 30 March 1967. —_— l� b. E.iatf ng utilities taken from drawing entitled "Boundary and • jlli '� Location Survey BDP Realty Associates" by Krebs L Lansing -- — -_-- -- ------ " — -- :. Consulting Engineer+, Inc. dated August 1906 revised 2-13-07. PROJECT LOCUS 7. Lot Areal 4.5 ./- Acres. "-- - " _-'-"��—' NO REVISIONS N/R SNYDEC l 1 WF SMITH I H/o, MANSF�ELD ,I/ $- GAeR I. e, Toll �Se .Ta —c TYRR) �r - N/F UW:14RSrTY OF: VEv--.NV EyTTfi JD TiL IT -IS To l+SSST•^ki SE`l�oYE s4�Tw S s ECT SCALE = 40' BLODGETT PROPERTY DEVELOPMENT S.11/I/1 HUHL�IV L':tIN -- ., �fll�/VI SKETCH PLAN e8132 INCORPORATED Et ©RUARY+rf990 L I -- tnamres we awn runwiwc stxral. _—_D:3396 I T WILLISTQN_ VERMONT CITY ()V SOU.111 BURIANGION SUL)div.imsion APLAicati011 - SKOICII PLAN Name, address, and phoii(2 Mflidxr of: a. Owner of record Dennis Blodgett b. Applicant Dennis Blodgett c.- CbjiLact por!;011 FitzPatrk-.k-Llewellyn Lance A. Llewellyn 'Bill 2) Purfx-)se, Ioc,-atic)n, rind ncItUI'(.' Of "AIIA.iViSi011 OV dovelopitkmL, including nujigX'r of LoU;, UllitS, or I�K:ircv.Ls L-ind projX)scd use (s). 18 multi -family_ townhouse units in 3 buildings on s, ser-v-e.d---- -q2pj:oximately 4.5 acre by extension to Greem Mountain Drive. 3) Applicai)L'S 1(--Ijzl.l i-IIL0r('-';t in thc 1)1(-4x.?rI-.y (fee ";impl.o, OpLion, eLC) Fee Simple 4) Nzmv.,; Of owners of recot-d of a.11 (.%)nL.L'LJUOU.'; projx:rtfns See drawing D-3396 by FitzPatrick-Llewellyn 5) Type Of existilly or I)rolx).,;(--(i L'IICLUId)),.1110`:z; On pCopofLy SUCII ZIS .covenant::;, right'.; of way, Ut.c. City road, Green Mountain Drive G) Prolx-)sed extension, I:eltx•,it IC)ii, oI nrxJil ication of Inunicil3,al tlicili.lios such i.l:.; SaniLa y !A!Wel:, :;t11J1).ly, :.street:;, SLUrlll dri.lillage, etc:. City street, water, sewer etc. will be extended 7) Describe- any previous act.i.ons taken by thi: Zoning Ikkard of luljustJwnt- or by the Sout.h Burlington Planning wluuission which affect the proposed sub- division, and inclucle the dat-os of such actions: _ Previously approved_18 unit itnulti-family residential project (in 3 buildings) on _ 5 Se Member 1989 f3) Sul>rnit I:our (:)pins ol: a sketch pLin _;howintj IhL! Joll.c>wirly in!`ornl�ltion: 1) Name of owners of record Of COIL iJUOus j.A-0lxlrties. 2) Boundaries rind area ol': (a) all cxlnt.icJuou;; land LAA.ong.incl to ownel' of record and (b) proposed :iUlxLlVl:ilUl1. a) Existing and proposed layout of prof. !r L.y .L i.lul.;; l.yl x! ..0 lcl .L�x:a t ic;n - of exlsLim. and pl:oposed l:estrictiOM; On l ifid, J111711 l:i Ond WV(!' - I la n t:s . 4) 'ljipcX, of, location, and approxillklu! siz(i- c)17 exi:;tinxl Auld pColx):;ed Utilities, Z-uld open alaace. 5) (kite, truce north arrow and sci.lic (nunK!l'.ic.al 'Alld cLapil.ic) . 6) Location I141p, showing relation of l)rolx);cd :iulxiivi:;ion to iidjacent prolxnrty and surrounding area. V-iellature) app.tic' or i.cnit�rul Ixrr �cun _—_Z- " `% 0 _ cla to r FITZPATRICK LLEWELLYN INCORPORATED Engineering and Planning Services /R ` One Wentworth Drive • Williston • Vermont 0 05495 • (802) 878-3000 30 January 1990 Mr. Lou Borie, Coordinator D District 4 Environmental Commission 111 West Street Essex Junction, VT 05452 RE: Application # 4CO826, Blodgett Residential Development, Holmes Road, South Burlington. FILE: B8132 Dear Mr. Borie: On behalf of Dennis Blodgett we are forwarding additional information to the commission regarding the above referenced Project. Enclosed are the following: 1.) We have calculated the capacity of the storm pond within the development, enclosed is a copy of a storage vs. elevation table. From our calculations we have determined that the peak rate of stormwater in flow into the detention pond is 2CFS during a 25 year storm. Assuming a minimal out flow of 0.25CFS the pond is more that adequately sized to handle the expected run off. 2.) The applicant has provided a copy of the proposed covenants and bylaws governing the homeowners associations. 3.) Photometric data sheets on the proposed lights are enclosed. Based on the photometric data provided by the manufacturer, the light intensity proposed for the project will be 16 foot candles at a distance of 19 feet from the source, and 8 foot candles at a distance of 23 feet away from the source. 4.) We have applied for a Stormwater Discharge Permit from the Agency of Natural Resources, Permit & Compliance Division. Enclosed is a receipt designating that a completed application has been received and a permit will be issued within 150 days. 5.) As of this letter we have not received any wording regarding proposed permit conditions which will involve the Commission on future extensions eastward of Holmes Road. The applicant will support any conditions proposed by the Regional Planning Commission regarding the preservation of the agricultural lands owned by the University of Vermont. Design • Inspection • Studies • Permitting • Surveying f C Mr. Lou Borie FILE: 80132 30 January 1990 Page Two We have enclosed three revised sets of drawings. The revisions include added erosion control measures, and a sanitary sewer profile required for approval by the Division of Protection. We believe the information contained within this submittal addresses the outstanding issues identified by the Commission at the land use hearing. If you feel we have overlooked something, or the Commission needs clarification please contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED 61W4'&1L4)j4 Charles Van Winkle cc: Dennis Blodgett Chittenden County Regional Planning City of South Burlington CVW/kal CVW#2:88132-4 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services DATA FOR ELEVATION - STORAGE CURVE �-/ , T46 /�2.sy Da - Surface Average Diff. Increment Elev. Area Surface Area*(Ft.) Elev. in Storage Storage Storage (Sq. Ft.) (Sq. Ft.) (Ft.) (Cu. Ft.) (Cu. Ft.) (Acre Ft.) �.7 1 1 3 .Tr.T.rn •' V' C5 O T� LP I 4 • .�i .T.TTi• •TTn......... I X. 8 3 Li i 3 40 �7 Oa a G a 8 I O — :. . :'.• : J: :'q:• ':�': .•!•: I. :•}}; :•?:' ':•: :'. :' : . ::�•= YmTrrT1 r•►• - TTTTrT :.....'......::::.•.'::::::.•:::..•.':::::: ............................ X. .. . ......... .................... ............ . • ...................... • .... � TR-55 STORAGE VOLUME FOR DETENTION BASINS` VERSION 1.11 Project : BLODGETT User: CVW Date: 01-26-90 County : CHITTENDEN State: VT Checked: Date: Subtitle: POST DEVELOPED INFLOW TO STORM POND Drainage Area: 3.771875E-03 Sq miles Rainfall Frequency: 25 years Rainfall -Type: II Runoff: 0.7 inches Peak Inflow: 2 cfs Peak Outflow: .25 cfs Detention Basin Storage Volume: 0.35 inches or 0.1 acre feet , 1/ y, -` /^1 6/-- JULU (C> Q TY9 IF Hjr ��� ' - ' FA Fs gcrE[ ALQf, f=e7E/ TR-55 TABULAR DISCHARGE METHOD VERSION 1.11 Project : BLODGETT User: CVW Date: 01-26-90 County : CHITTENDEN State: VT Checked: Date: ________ Subtitle: POST DEVELOPED INFLOW TO STORM POND Total watershed area: 0.004 sq mi Rainfall type: II Frequency: 25 years -------------------------- Subareas -------------------------- DA4 Area(sq mi) 0.00* Rainfall(in) 4.1 Curve number 57* Runoff(in) 0.66 Tc (hrs) 0.07 (Used) 0.10 TimeToOutlet 0.00 la/P 0.37 Time Total ------------- Subarea Contribution to Total Flow (cfs) ------------ (hr) Flow DA4 ` 11.0 0 0 11.3 0 0 11.6 0 0 11.9 0 0 12.0 1 1 12.1 2P 2P 12.2 1 1 12.3 1 1 12.4 0 0 . 12.5 0 0 12.6 0 0 12.7 0 0 12.8 0 0 13.0 0 0 13.2 0 0 13.4 0 0 13.6 0 0 13.8 0 0 14.O 0 0 14.3 0 0 14.6 0 0 15.0 0 0 5 0 0 16.0 0 0 16.5 0 .'. 0 ' 17.0 0 0 17.5 0 0 18.0 0 0 19.0 0 0 20.0 0 0 22.0 0 0 26.0 0 0 P - Peak Flow * - value(s) provided from TR-55 system routines A4-v State of Vermont t�ur�LJ Water Supply & Wastewater Permit if A / LAWS/REGULATIONS INVOLVED Environmental Protection Rules CASE NO. WW-4-0061-2 Chapter 4, Public Buildings APPLICANT Plaza Investments ADDRESS 1350 Shelburne Road South Burlington, VT 05403 This project, consisting of utilizing two retail spaces within the building approved in Water Supply and Wastewater Disposal Permit WW-4-0061-1 for a 75 seat bakery (2 meals per day) located at 1350 Shelburne Road in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. (3) The Vermont Department of Health is to be contacted in regard to any regulations and/or licenses required by their Department. (They may be reached at 60 Main Street, Burlington, Vermont, or by phoning 804-863-7220). (4) All conditions set forth in Water Supply & Wastewater Disposal Permit #WW-4-0061-1 dated February 16, 1989 shall remain in effect except as modified or amended herein. Timothy J. Burke, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this 5th day of July 1990. cc: Donald Robisky South Burlington City Planning Commission Department of Health Department of Labor and Industry WW-4-0061-1 Angelo Mariano (dba Lily Bakery, 1350 Shelburne Rd. Shelburne, VT 05482) DECLARATION OF CONDOMINIUM OF BLODGETT CONDOMINIUM This Declaration made this day of , 1990 by Dennis Blodgett, (the "Declarant") of South Burlington, County of Chittenden and State of Vermont. W I T N E S S E T H: WHEREAS, Declarant is the sole owner in fee simple of certain land located in the City of South Burlington, County of Chittenden and State of Vermont; and WHEREAS, Declarant wishes to create thereon a residential community with open spaces and other common facilities for the benefit of said community; and WHEREAS, Declarant desires to construct and develop a condominium containing a total of 18 units as more particularly set forth on the Plan attached hereto as Exhibit C. NOW THEREFORE, the Declarant hereby submits a parcel of land identified on the Plan attached hereto as Exhibit C, together with all easements, rights and appurtenances thereto (the "Property") to the provisions of Chapter 15 of Title 27 of Vermont Statutes Annotated, known as the Vermont Condominium Ownership Act, as amended (the "Act"), and hereby creates with respect to the property a condominium known as Blodgett Condominium (the "Condominium"). ARTICLE 1 Definitions and Descriptions Section 1.01. Definitions. The terms used herein shall, to the extent they are defined in the Act, have the meaning therein stated. Each capitalized term used herein without definition shall have the meaning specified in the By -Laws of Blodgett Condominium Association (the "Association") attached hereto as Exhibit A (the "By -Laws"), as may be amended from time to time. Section 1.02. Description of Land. The land on which Blodgett Condominium is located and which is submitted to Condominium Ownership hereby is more particularly described on Exhibit B1 attached hereto. Section 1.03. Description of Buildings, Units and Allocations. This Condominium consists of five (5) unnamed buildings containing a total of 18 units. One building contains LAWOFFICES two ( 2 ) units. Four buildings contain four ( 4 ) units. Units are OOMBS&FITZP ADIC townhouse in style. All units are of wood frame construction. COOMBS i� FITZPATRICK Y Roofs are constructed with wooden trusses and asphalt shingles. Interior walls and ceilings are sheetrock. The unit numbers and types of units are set forth on Exhibit D-1 attached hereto. The locations of all units within the buildings are shown on the site plan attached hereto as Exhibit C. The dimensions of each unit and the number of rooms in each unit are shown on the floor plans attached hereto as Exhibit C. Exhibit D-1 is a list of all units, the identifying number of each unit, the value of the property in each unit and the percentage of individual interests in the common areas and facilities (the "Common Elements") including voting rights allocated to each unit. The location of the Common Elements to which each unit has direct access are shown on Exhibit C. Patios, decks, steps, porches, fences and areas enclosed by fences, if any, shown adjacent to any unit are limited Common Areas and facilities ("Limited Common Elements") appurtenant to such unit. Section 1.04. Unit Boundaries. Each unit consists of the space within the following boundaries: A. Upper and lower (horizontal) boundaries: the upper and lower boundaries of the units shall be the following boundaries extended to an intersection with the vertical (perimetric) boundaries. i. Upper boundary: The horizontal plane of the bottom surface of the ceiling joists on the second floor. ii. Lower boundary: The horizontal plane of the top surface of the cement slab in the basement, if any. If no basement, the horizontal plane of the top surface of the cement slab on the first floor. B. Vertical (perimetric) boundaries: The vertical boundaries of the unit shall be the vertical plane which includes the inner most surface of the wall studs bounding the unit extended to an intersection with each other and with the upper and lower boundaries. C. If any chute, fire duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of any unit, any portion thereof serving only that unit is a Limited Common Element allocated solely to that unit, and any portion of the Common Elements is a part of the Common Elements. Subject to the foregoing, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit. D. Any shutters, awnings, windowboxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows or LAW OFFICES other fixtures or improvements designed to serve a single unit, OOMBS&FITZP ADIC but located outside the unit's boundary, COOMBS&FITZPATRICK Elements allocated exclusively to thatunite Limited Common 2 LAW OFFICES BERGERON, PARADIS, *OMBS & FITZPATRICK ARTICLE II Article II has been reserved. ARTICLE III Common Areas and Facilities Section 3.01. Common Elements. The Common Elements are all of the property depicted on Exhibit C, except units. The Common Elements shall remain undivided and shall be devoted to the common use and enjoyment of all unit owners. No unit owner nor any other person shall maintain any action for partition or division thereof, unless the property has been removed from the provisions of this Declaration pursuant to the Act. Each owner may use the respective Common Elements in accordance with the purposes for which they were intended without hindering or encroaching upon the lawful rights of other unit owners. The Common Elements include, without limitation, the following: A. The land described herein, including the real estate upon which the buildings and other improvements are located, together with the benefit, and subject to, all rights, easements, restrictions and agreements recorded in the Land Records of the City of South Burlington;. B. A right of way, in common with others, over all private roadways on land for vehicular and pedestrian traffic; C. All improvements and portions of the buildings, except those portions identified as units. Section 3.02. Limited Common Elements. A.) A Limited Common Element is a portion of the Common Elements allocated for the exclusive use of one or more, but fewer than all of the Units. B. Balconies, terraces and fences, if any, adjacent to any unit, are Limited Common Elements appurtenant to the unit. C. Any shutters, awnings, windowboxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows, equipment storage areas, closets or other fixtures or improvements designated to serve a single unit, but located outside the unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. D. The Plans depict certain open parking areas and garage spaces; those parking areas and spaces which bear a number corresponding to a unit number are Limited Common Elements, and the areas and spaces so depicted shall be Limited Common Elements appurtenant to and for the exclusive use of the respective units. 3 LAW OFFICES BERGERON, PARADIS, OOMBS & FITZPATRICK ARTICLE IV Use Restrictions Section 4.01. Residential Use. The buildings of each unit therein shall be used solely for single family residential purposes and no trade or business of any kind may be carried on therein. Section 4.02. Use by Declarant. The Declarant reserves the right to use or maintain any unit as a sales office, management officer or model until such time as the Declarant conveys the title thereto. Section 4.03. Alterations of Units. No improvement or alteration to any unit may be made which would impair the structural integrity or mechanical systems or lessen the support of any portion of the land or buildings. Without the prior consent of the Association, the appearance of the Common Elements or the exterior appearance of any unit or building may not be changed. No unit may be subdivided or converted into two or more units. Section 4.04. Interference with Others. No unit shall be used or maintained in a manner which shall interfere with the comfort or convenience of occupants of other units or the provisions of the By -Laws. Section 4.05. No more than 18 units shall be constructed on the property. Section 4.06. There shall not be constructed or placed on the Common Elements any buildings or structures of any kind other than those shown on the plan as approved by the City of South Burlington Planning Commission without the express written consent of the City of South Burlington Planning Commission. Section 4.07. There shall be no dumping of ashes, trash, garbage, sawdust or other unsightly or offensive material on the Open Space Areas, and no changing of the topography through the placing of soil or other substance or material such as landfill or dredging spoils. Section 4.08. There shall be no activities or use in the Common Elements detrimental to drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife or habitat preservation. Section 4.09. There shall be no operation of snowmobiles, dune buggies, motorcycles, all -terrain vehicles or other loud, destructive or offensive recreation vehicles on the Common Elements. 4 , q. Section 4.10. Landscaping in the Common Elements shall be maintained by the Association substantially as approved by the City of South Burlington Planning Commission and District Environmental Commission No. 4. Diseased trees and other approved landscaping shall be replaced by the Association as soon as seasonably possible. A 25 foot buffer strip along the northerly and easterly property lines shall be left undisturbed. Garage space, if any, in Units shall not be converted to living space. No change in this Section 4.10 shall be permitted without prior approval of the City of South Burlington Planning Commission. The City of South Burlington shall have the right to enforce violations of this Section 4.10. Section 4.11. The Association shall be responsible for maintaining, repairing and plowing the driveways and parking areas as depicted on the plan. The Association shall also be responsible for maintaining the street lights and any utilities not maintained by the City of South Burlington. The owner of each unit, by acceptance and recordation of a deed conveying the unit, does automatically and irrevocably waive any right to demand the City of South Burlington or any other municipal or state entity to take over the responsibilities of the Association as set forth in this paragraph. Section 4.12. The Association shall maintain all drainage ways and swales on the property, and shall do whatever is necessary to keep such drainage ways and swales free of debris and other material which might hamper natural surface drainage. Section 4.14. The monthly Association assessments shall include sufficient funds to enable the Association to maintain an adequate reserve fund for the maintenance and repair of the parking areas, driveways, landscaping and Open Space areas. ARTICLE V Easements Section 5.01. Easements for Access. Each unit owner is hereby granted an easement, in common with each other unit owner, for ingress and egress through all Common Elements, subject to such reasonable rules, regulations and restrictions as may be imposed by the Association. Each unit is hereby burdened with and subject to an easement for ingress and egress through all Common Elements by persons lawfully using or entitled to the same. Section 5.02. Easement for Encroachment. To the extent that any unit or Common Element encroaches on any other unit or Common Element, an easement for the encroachment shall exist. Section 5.03. Easement for Completion. The Declarant LAW OFFICES hereby reserves an easement through, in, over, under or across BERGEROOMBSON,FARADIC, the Common Elements for the purposes of completing improvements COOMBS & FITZPATRICK P p P g p 0 described in this Declaration or to make improvements of the Condominium and to erect and remove signs advertising the Condominium. The Declarant also reserves the right to grant and reserve easements and rights of way through, under, over and across the property for the installation, maintenance and inspection of lines and appurtenances for public or private sewer, water, drainage, gas, electricity, telephone, cable television and other utilities. Section 5.04. Upkeep of Condominium. The Association shall be responsible for maintenance, repair and replacement of the Common Elements and each unit owner shall be responsible for the maintenance, repair and replacement of his unit, except as stated otherwise in the By -Laws. Each unit owner shall afford to the Association and the unit owners, and to their agents, or employees, access in, through or across his unit reasonably necessary for those purposes. Damages inflicted on the Common Elements or any unit across, in or through which access is taken, the unit owner responsible for the damage, or the Association if it is responsible, shall promptly repair such damage. In addition, the Association shall have the right to grant permits, licenses and easements over and through the Common Elements for utilities, roads and other purposes for the proper operation and benefit of the Condominium. Section 5.05. Easement for Support. Each unit and the Common Elements shall have an easement for lateral and subadjacent support from every other unit and the Common Elements. Section 5.06. Environmental Requirements A.) Without the prior written consent of the District 4 Environmental Commission, or its successors; i. All units shall maintain only low -flow plumbing fixtures, including toilets with flows not to exceed 3.5 gallons per flush, faucets with flows not to exceed 3.0 gallons per minute or which have automatic shut-off valves and shower heads with flows not to exceed 3.0 gallons per minute. No unit owner shall remove or replace water conserving plumbing devices originally installed in any unit; ii. The Association shall maintain, repair and replace all of the Common Elements, including roadways and the storm water systems; and shall replace all trees and shrubs as necessary; iii. No vehicles shall be parked or permitted to remain standing in these areas of the Common Elements identified as fire lanes and restricted vehicular parking areas; and iv. No open burning shall be permitted on the property. LAW OFFICES v. All buildings shall be constructed with insulation OOMBS&FITZP ARIC havingan R value of at least R-19 in the exterior walls, at :OOMBS 8 FITZPATRICK 2 LAW OFFICES BERGERON, PARADIS, COOMBS & FITZPATRICK least R-38 in the roof or cap and at least R-10 around the foundation or slab. Windows shall have double -paned glass or storm windows. Doors shall be insulated. vi. The installation of electric resistence space heating equipment in any unit is expressly prohibited. B. No amendment of Section 5.06(a) shall be effective without the prior written consent of the District 4 Environmental Commission. ARTICLE VI Damage or Destruction Section 6.01. Common Elements. Any portion of the Common Elements which is damaged or destroyed shall be promptly repaired or replaced by the Association unless the repair or replacement would be illegal under any state or local health or safety statute or ordinance, or the Condominium is terminated. Section 6.02. Units. If any portion of a building in which a unit is located shall be damaged or destroyed, the damaged portion shall be promptly repaired or replaced by the Association unless (a) repair or replacement would be illegal under any state or local health or safety statute or ordinance, or (b) 80% of the unit owners, including the owner of a unit and the owner of any Limited Common Element which will not be rebuilt, vote not to rebuild, or (c) the Condominium is terminated. In the event that the damage or destruction is limited to the interior of a unit or a Limited Common Element, then the owner of the unit or Limited Common Element, as the case may be, shall promptly repair or replace the damaged portion. Section 6.03. Insurance. The Association shall maintain, to the extent available, property insurance on the Common Elements and units, exclusive of betterments and improvements installed in unit by unit owners, insuring against all risks of direct physical loss commonly insured against and comprehensive general liability insurance, all in such amounts as the Association shall determine from time to time. Any loss covered by insurance shall be adjusted by the Association which shall hold the process in trust for the unit owners and lienholders as their interest may appear. In the event of repair or replacement, the proceeds shall be disbursed first for repair or replacement. The cost of repair or replacement of a Common Element in excess of insurance proceeds and reserves, if any, shall be a common expense. In the event it is determined that the physical loss to a unit or to the common elements was caused by the actions or negligence of a particular unit owner or unit owners, then the cost of repair or replacement in excess of insurance proceeds relating to the same, if any, shall be borne by said unit owner or unit owners. VA ARTICLE VII Condemnation Section 7.01. Common Elements. If any portion of a Common Element is taken by condemnation, the Condominium shall not terminate unless 80% of the unit owners so vote. The Association shall divide any portion of the award not used for any restoration or repair of the remaining Common Elements before the condemnation, but the portion of any award attributable to the acquisition of a Limited Common Element shall be divided equally among the owners of the units to which the Limited Common element was allocated at the time of acquisition. Section 7.02. Units. Upon acquisition by condemnation of any unit or such a part of a unit that the unit owner is left with a remnant which may not practically or lawfully be used for any purpose permitted by this Declaration, that unit's entire Common Element interest shall be reallocated to the remaining units in proportion to the respective interests of those units prior to condemnation, and the Association shall promptly prepare, execute and record an amendment to the Declaration reflecting the reallocation. The Common Element interests of a unit prior to condemnation, and any remnant of a unit remaining after part of a unit is taken, thereafter shall be a Common Element. ARTICLE VIII The Association Section 8.01. Authority. The business affairs of the Association shall be managed by the Association or its successors. The Association shall be governed by the By -Laws annexed hereto as Exhibit A, as they may be amended from time to time. Section 8.02. Membership. The membership of the Association shall at all times consist exclusively of all the unit owners or, following termination of a Condominium, of all former unit owners. Section 8.03. Powers. The Association shall have all the powers, authority and duties permitted pursuant to the Act, this Declaration, the By -Laws, the rules and regulations promulgated thereunder, necessary or appropriately necessary to manage the business and affairs of the Condominium. ARTICLE IX Compliance and Default LAW OFFICES Section 9.01. Generally. Each unit owner shall be governed FARADIC, COOMBSOOMBS &6 FIFITZPATRICK by and shall comply with the terms of the Declaration and the By -Laws of the Association, and any and all regulations adopted pursuant thereto, as they may be amended from time to time. Failure of a unit owner to comply therewith shall entitle the Association or other unit owners to the following relief in addition to the remedies provided by the Act: A. Liability. A unit owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or by that of any member of his family or his or their guests, employees, agents, lessees or their invitees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuses, occupancy or abandonment of a unit or its appurtenances, or of the Common Elements. B. Costs and Attorneys Fees. In any proceeding arising because of an alleged failure of a unit owner to comply with the terms of the Declaration or the By -Laws of the Association, and any and all regulations adopted pursuant thereto, as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be awarded by the Court. Section 9.02. Waiver. No provision of the Declaration shall be deemed to have been waived by reason of any failure to enforce, regardless of the occurrence of violations or breaches from time to time. ARTICLE X Amendments Section 10.01. Generally. Except as otherwise provided in this Article, the Declaration may be amended only by vote or agreement of unit owners of units to which at least 75% of the votes in the Association are allocated. Every amendment shall be prepared, executed, recorded and certified by the Association and shall be effective only when recorded. Section 10.02. Individual's Consent. No amendment which alters the dimensions of any unit or which alters the percentage of the Common Element interest to which any unit is entitled shall be valid unless the same has been signed by or consented to by the unit owners so affected. Section 10.03. Statutory Compliance. No instrument of amendment which alters this Declaration in any manner which would render it contrary or inconsistent with any requirements or provisions of the Act shall be valid. Section 10.04. Amendment By Declarant. Notwithstanding the LAW OFFICES provisions of Section 10.01, this Declaration may be amended by BERGEOOMBS ON,& FI PARADIS, the Declarant, without the consent of an other unit owner COOMBS & FIT2PATRICK Y ( a ) E LAW OFFICES BERGERON, PARADIS, :COMBS & FITZPATRICK prior to the sale by the Declarant of 50% of the units, or (b) in order to comply with any provision of law. Any such amendment, upon execution and certification by the Declarant and recording by the Town Clerk of the City of South Burlington shall be effective upon recording. ARTICLE XI Miscellaneous Section 11.01. Invalidity. If any provision of this Declaration is held invalid, the invalidity thereof shall not effect other provisions of this Declaration which can be given affect without the invalid provisions, and to this end the provisions of this Declaration are severable. Section 11.02. Waiver. No provision of this Declaration shall be deemed to have been waived by reason of any failure to enforce, regardless of the occurrence of violations or breeches from time to time. Section 11.03. Headings. The headings in this Declaration are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. Section 11.04. Termination. This Declaration, as it may be amended from time to time, may be terminated as provided in the Act. Section 11.05. Agent. The person who shall receive service for process as required by the Act is Dennis Blodgett, whose address is 1000 Shelburne Road, South Burlington, VT 05403. Section 11.06. Transfer of Control. Declarant shall transfer control of the Association to the unit owners no later than the earlier of: A. Four (4) months after 75% of the units of the condominium have been conveyed to unit purchasers; or B. Three (3) years after the date the first unit is conveyed. The first unit shall be deemed conveyed upon the recording of the deed transferring title to said unit. Prior to the transfer of control as stated above, Declarant shall have power to direct, modify or veto any action of the Association. 10 ,p- LAW OFFICES BERGERON. PARADIS, :OOMBS & FITZPATRICK IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this day of 1990. IN THE PRESENCE OF: DENNIS L. BLODGETT STATE OF VERMONT CHITTENDEN COUNTY, SS At this day of 1990, personally appeared Dennis L. Blodgett, and he acknowledged this instrument, by him sealed and subscribed to be his free act and deed. A85/blodg.dec/blr Before me, Notary Public 11 EXHIBIT A BLODGETT CONDOMINIUM BY-LAWS ARTICLE I PLAN OF UNIT OWNERSHIP Section 1.01. Applicability. These By -Laws provide for the governance of the Condominium. The property, located in South Burlington, County of Chittenden and State of Vermont, and more particularly described in the Declaration, has been submitted to the provisions of the Vermont Condominium Ownership Act (the "Act") by the recordation of the Declaration simultaneously herewith. All present and future owners, mortgagees, lessees and occupants of Units and their employees, and any other person who may use the facilities of the property in any manner promulgated thereunder and to any amendment thereto. Section 1.02. Compliance. The acceptance of a deed or conveyance or the entering into of a lease or the act of occupancy of a Unit shall constitute an agreement that these By -Laws (and any rules and regulations promulgated thereunder) and the provisions of the Declaration, as they may be amended from time to time are accepted, ratified, and will be complied with. Section 1.03. Office. The office of the Condominium, the Association, and the Board of Directors shall be located at the property or at such other place as may be designated from time to time by the Board of Directors. Section 1.04. Definitions. The terms used herein shall, to the extent they are defined in the Act have the meanings therein stated. Each capitalized term used herein without definition shall have the meaning specified in the Declaration of Blodgett Condominium to which these By -Laws are attached, as it may be amended from time to time. ARTICLE II - BLODGETT CONDOMINIUM Section 2.01. Composition. The Association shall consist of all the Unit Owners acting as group. For all purposes the Association shall act merely as an agent for the Unit Owners as a group. The Association shall have the responsibility for administering the Condominium, LAW OFFICES establishing the means and methods of collecting assessments and SERGE FARADIC, :OOMBS &8 FIFITZPATRICK charges, arranging for the management of the Condominium and performing all of the other acts that may be required or permitted to be performed by the Association by the Act and the Declaration. Except as to those matters which the Act specifically requires to be performed by the vote of the Association, the foregoing responsibilities shall be performed by the Board of Directors or their designees. Section 2.02. Annual Meetings. The annual meetings of the Association shall be held on the second Monday in January. At such annual meetings the Board of Directors shall be elected by ballot of the Unit Owners. Section 2.03. Place of Meetings. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Unit Owners as may be designated by the Board of Directors. Section 2.04. Special Meetings. The President shall call a special meeting of the Board of Directors upon a petition signed and presented to the Secretary of Unit Owners with not less than twenty-five percent of the aggregate votes in the Association. The notice of any special meeting shall state the time, place and purpose thereof. No business shall be transacted at a special meeting except as stated in the notice. Section 2.05. Notice of Meetings. (a) The Secretary shall mail or hand deliver to each Unit Owner a notice of the place, date, hour and purpose or purposes of each special meeting of the Unit Owners. The notice shall be mailed or hand delivered not less than 7 days nor more than 20 days before the date of such meeting. No such notice shall be required for the annual meeting of the Association. (b) Any Unit Owner may at any time, in writing, waive notice of any meeting of the Association, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Unit Owner at any meeting of the Association shall constitute a waiver of notice by him of the time, place and purpose of such meeting. Section 2.06. Adjournment of Meetings. If at any meeting of the Association a quorum is not present, Unit Owners having a majority of the votes who are present at such meeting in person or by proxy may adjourn the meeting to a time not less than forty-eight (48) hours after the time the original meeting was called. Section 2.07. Voting. The vote to which each Unit Owner is entitled shall be the Common Element interest assigned to his Unit in the Declaration. Except where a greater number is required by the Act, the Unit Owners with more than fifty (50%) percent of the votes in the Association voting in person or by LAW OFFICES proxy at one time at a duly convened meeting at which a quorum is BERGERCOMBSON, PARADZPATRIC resent ("majority of the Unit owners") is required to adopt a COMBS & FITZPATRICK P ( J Y 2 decision at any meeting of the Association. Any specified percentage of the Unit Owners means the Unit Owners with such votes in the aggregate. Section 2.08. Quorum. Except as otherwise provided in the By -Laws, the presence in person or by proxy of Unit Owners of fifty (50%) percent or more of the votes shall constitute a quorum at all meetings of the Association. Section 2.09. Conduct of Meetings. The President shall preside over all meetings of the Association and the Secretary shall keep the minutes of the meeting and record in a minute book all resolutions adopted at the meeting as well as a record of all transactions occurring thereat. The then current edition of Robert's Rules of Order shall govern the conduct of all meetings of the Association and the Board of Directors when not in conflict with the By -Laws, the Declaration or the Act. Section 2.10. Action Without Meeting. Any action by the owners required or permitted to -be taken at any meeting may be taken without a meeting if all of the Unit Owners shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Unit Owners. ARTICLE III BOARD OF DIRECTORS Section 3.01. Number and Qualification. The affairs of the Association shall be governed by a Board of Directors composed of five (5) persons, all of whom shall be Unit Owners or spouses of Unit Owners. An exofficio member of the Board of Directors shall be appointed by the Board of Selectmen of the City of South Burlington who shall take part in decision making in managing the "open area" of the common elements. Section 3.02. Powers and Duties. The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not prohibited by the Act, including the following: a. Prepare an annual budget in which there shall be established the assessments of each Unit Owner for the Common Expenses of the Condominium (the "Common Expenses"). b. Make assessments against the Unit Owners to defray the costs and expenses of the Condominium, establish the means and methods of collecting such assessments from the Unit Owners and establish the period of the installment payment of the annual assessment for Common Expenses. Unless otherwise determined by LAW OFFICES the Board of Directors, the annual assessment against each Unit BERGERON, PARADIS, Owner for his share of the Common Expenses shall be :COMBS & FITZPATRICK proportionate 3 payable in equal monthly installments, each such installment to be due and payable in advance on the first day of each month for such month. C. Provide for the operation, care, upkeep and maintenance oflall of the property and services of the Condominium. d. Designate, hire and dismiss the personnel necessary for the maintenance, operation, repair and replacement of the Common Elements and provide services for the property and, where appropriate, provide for the compensation of such personnel and for the purchase of equipment, supplies and material to be used by such personnel in the performance of their duties, which supplies and equipment shall be deemed part of the property. e. Collect the assessments against the Unit Owners, deposit the proceeds thereof in bank depositories designated by the Board of Directors and use the proceeds to carry out the administration of the Condominium. f. Make and amend the Rules and Regulations. g. Open bank accounts on behalf of the Association and designate the signatories thereon. h. Make, or contract for the making of, repairs, additions and improvements to or alterations of the property, and repairs to and restoration of the property, in accordance with these By -Laws, after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings. i. Enforce by legal means the Declaration, these By -Laws and the Rules and Regulations and act on behalf of the Unit Owners with respect to all matters arising out of an eminent domain proceeding. j. Obtain and carry insurance against casualties and liabilities, as provided in these By -Laws, pay the premiums therefore and adjust and settle any claim thereunder. k. Pay the cost of all authorized services rendered to the ,Association and not billed to Unit Owners of individual Units or otherwise provided for in Article V of these By -Laws. 1. Keep books with detailed accounts in chronological order of the receipts and expenditures affecting the property and the administration of the Condominium specifying the expenses of maintenance and repair of the Common Elements and any other expenses incurred. Such books and vouchers accrediting the entries thereupon shall be available for examination by the Unit Owners, their duly authorized agents or attorneys, during general business hours on working days at the times and in the manner set LAW OFFICES and announced by the Board of Directors for the general knowledge BERGERON, PARADIS, g :OOMBS & FITZPATRICK 4 of the Unit Owners. All books and records shall be kept in accordance with good accounting practices. M. Notify a mortgagee of any default hereunder by the Unit Owner of the Unit subject to such mortgage, in the event such default continues for a period exceeding thirty (30) days. n. Borrow money on behalf of the Condominium when required in connection with any one instance relating to the operation, care, upkeep and maintenance of the Common Elements, provided, however, that the consent of at least two-thirds in number and in Common Element interest of all Unit Owners, obtained at a meeting duly called and held for such purpose in accordance with the provisions of these By -Laws, shall be required to borrow any sum in excess of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00). o. Acquire, hold and dispose of Units and mortgage the same if such expenditures and hypothecations are included in the budget adopted by the Association. p. In its sole discretion, designate from time to time certain Common Elements as "Reserved Common Elements" and impose such restrictions and conditions on the use thereof as the Board of Directors deems appropriate. q. Appoint standing committees to assist the Board in the administration of the Condominium. r. Do such other things and acts not inconsistent with the Act, the Declaration or these By -Laws which the Board of Directors may be authorized to do by a resolution of the Association. Section 3.03. Managing Agent. The Board of Directors may employ for the Condominium a "Managing Agent" at a compensation to be established by the Board of Directors. Section 3.04. Election and Term of Office. At the first annual meeting of the Association, the term of office of one member of the Board of Directors shall be fixed at three years, the term of office of two member of the Board of Directors shall be fixed at two years and the term of office of two member of the Board of Directors shall be fixed at one year. At the expiration of the initial term of office of each member ofthe initial Board of Directors, a successor shall be elected to serve for a term of two years. The members of the Board of Directors shall hold office until their respective successors shall have been elected by the Association. Section 3.05. Removal or Resignation of Members of the Board of Directors. At any regular or special meeting duly LAW OFFICES called, at any one or more of the members of the Board of BERGERON. PARAOIS, Directors may be removed with or without cause by a majority of :OOMBS & FITZPATRICK -t y 5 the Unit Owners and a successor may then and there be elected fill the vacancy thus created. Any Director whose removal has been proposed by the Unit Owners shall be given at least seven (7) days notice of the time, place and purpose of the meeting and shall be given an opportunity to be heard at the meeting. A member of the Board of Directors may resign at any time and shall be deemed to have resigned upon disposition of his Unit. Section 3.06. Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the Association shall be filled by a vote of a majority of the remaining Directors at a special meeting of the Board of Directors held for such purposes promptly after the occurrence of any such vacancy, even though the directors present at such meeting may constitute less than a quorum. Each person so elected shall be a member of the Board of Directors for the remainder of the term of the member being replaced and until a successor shall be elected at the next annual meeting of the Association. Section 3.07. Oraanization Meeting. The first meeting of the Board of Directors following creation of the Condominium shall be held within thirty (30) days thereafter at such time and place as shall be fixed by the Declarant, who shall appoint the initial members of the Board of Directors, and no notice shall be necessary to such members of the Board of Directors in order to legally constitute such meeting, providing a majority of the whole Board of Directors shall be present thereat. Section 3.08. Regular Meetings. Regular meeting of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the Directors, but such meetings shall be held at least once every four months during each fiscal year. Notice of regular meeting of the Board of Directors shall be given to each Director, by mail or telegraph, at least three business days prior to the day named for such meeting. Section 3.09. Special Meetings. Special meetings of the Board of Directors may be called by the President on three business days notice to each Director, given by mail or telegraph, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of at least one Director. Section 3.10. Waiver of Notice. Any Director may at any time, in writing, waive notice of any meeting of the Board of Directors, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board of Directors shall constitute a waiver of notice by him of the time, place and purpose of such meeting. If all LAW OFFICES Directors are present at any meeting of the Board of Directors, BERGERON, PARADIS, :OOMBS & FITZPATRICK 2 no notice shall be required and any business may be transacted at such meeting. Section 3.11. Quorum. At all meetings of the Board of Directors a majority of the Directors shall constitute a quorum for the transaction of business, and the votes of a majority of the Directors present at a meeting at which a quorum is present, shall constitute the decision of the Board of Directors. Section 3.12. Compensation. No Director shall receive any compensation from the Condominium for acting as such. Section 3.13. Action Without Meeting. Any action by the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Board of Directors shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Board of Directors. Section 3.14. Liability of the Board of Directors Officers, Unit Owners and Association (a) The Officers and members of the Board of Directors shall not be liable to the Association for any mistake or judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. The Association shall indemnify and hold harmless each of the Officers and Directors from and against all contractual liability to others arising out of contracts made by the Officers or the Board of Directors on behalf of the Association unless any such contract shall have been in bad faith or contrary to the provisions of the Act, the Declaration or these By -Laws. Officers and members of the Board of Directors shall have no personal liability to any Unit Owner with respect to any contract made by them on behalf of the Association. Every agreement made by the Officers, the Board of Directors or the Managing Agent on behalf of the Association shall, if obtainable, provide that the Officers, the members of the Board of Directors or the Managing Agent, as the case may be, are acting only as agents for the Association and shall have no personal liability thereunder (except as Unit Owners), and that each Unit Owner's liability thereunder shall be limited to the total liability thereunder multiplied by his Common Element interest. b. The Association shall not be liable for any failure of water supply or other services to be obtained by the Association or paid for as a Common Expense, or for injury or damage to person or property caused by the elements or by the Unit Owner of any Unit, or any person, or resulting from electricity, water, snow or ice which may leak or flow from any portion of the Common Elements or from any pipe, drain, conduit, appliance or equipment. The"Association shall not be liable to any Unit Owner for loss or damage, by theft or otherwise, if articles which may LAW OFFICES be stored upon any of the Common Elements, no diminution or BERGERON, PARADIS, abatement of any assessments, as herein elsewhere provided, shall MOMBS & FITZPATRICK 7 be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Elements or from any action taken by the Association to comply with any law, ordinance or with the order or directive of any municipal or other governmental authority. ARTICLE IV Officers Section 4.01. Designation. The principal Officers of the Association shall be the President, Vice President, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer, an assistant secretary and such other officers as in its judgment may be necessary. The President shall be a member of the Board of Directors. All other Officers shall be Unit Owners or spouses of Unit Owners. Section 4.02. Election of Officers. The Officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors. Section 4.03. Removal of Officers. Upon the affirmative vote of a majority of all members of the Board of Directors any officer may be removed, either with or without cause, and a successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for such purpose. Section 4.04. President. The President shall be the chief executive Officer of the Association; preside at all meeting of the Association and of the Board of Directors; and have all of the general powers and duties which are incident to the office of president generally including, without limitation, the power to appoint committees from among the Unit Owners from time to time as the President may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association. Section 4.05. Vice President. The Vice President shall take the place of the President and perform the duties of the President whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board of Directors to act in the place of the President on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors or by the President. Section 4.06. Secretary. The Secretary shall keep the minutes of all meetings of the Association and the Board of LAW OFFICES Directors; have charge of such books and papers as the Board of OOMBS&FITZP ADIS, Directors may direct; maintain a register setting forth the place �OOMBS & FITZPATRICK Y g g to which all notices to Unit Owners and others shall be delivered; and, in general, perform all the duties incident to the office of Secretary. Section 4.07. Treasurer. The Treasurer shall have the responsibility for Association funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, and for the preparation of all required financial data, and shall report annually to the Unit Owners; make disbursements on behalf of the Association upon consent of the Board of Directors except as provided in Section 4.07; and be responsible for the deposit of all monies and other valuable effects in the name of the Board of Directors, the Association or the Managing Agent, in such depositories as may from time to time be designated by the Board of Directors; and, in general, perform all the duties incident to the office of Treasurer. Section 4.08. Execution of Documents. All Agreements, Contracts, Deeds, Leases, Checks and other instruments of the Association for expenditures or obligations in excess of Five Hundred and 00/100 Dollars ($500.00), and all checks drawn upon reserve accounts, shall be executed by any two persons designated by the Board of Directors. All such instruments for expenditures or obligations of Five Hundred and 00/100 Dollars ($500.00) or less, except from reserve accounts, may be executed by the Treasurer or any one person designated by the Board of Directors. Section 4.09. Compensation of Officers. No Officer who is also a Director shall receive any compensation from the Association for acting as such Officer. ARTICLE V Operation of the Condominium Section 5.01. Determination of Common Expenses and Assessments Against Unit Owners a. Fiscal Year. The fiscal year of the Association shall be the calendar year unless otherwise determined by the Board of Directors. b. Preparation and Approval of Budget i.) On or before the fifteenth (15th) day of November of each year, the Board of Directors shall adopt a budget for the Association containing an estimate of the total amount considered necessary to pay the cost of maintenance, management, operation, repair and replacement of the Common Elements and those parts of the Units as to which it is the responsibility of the Board of Directors to maintain, repair and replace, and the cost of wages, LAWOFFICES materials, insurance premiums, services, supplies and other BERGERON. PARADIS, 'COMBS &FITZPATRICK expenses that may be declared to be Common Expenses by the Act, 9 this Declaration or a resolution of the Association and which will be required during the ensuing fiscal year for the administration, operation, maintenance and repair of the Property and the rendering to the Unit Owners of all related services. ii.) Such budget also include such reasonable amounts as the Board of Directors considers necessary to provide working capital, a general operating reserve and reserves for contingencies and replacements. On or before the next succeeding first day of December the Board of Directors shall send to each Unit Owner a copy of the budget in a reasonable itemized form which sets forth the amount of the Common Expenses and any special assessment payable by each Unit Owner. Such budget shall constitute the basis for determining each Unit Owner's assessment for the Common Expenses of the Association. c. Assessment and Payment of Common Expenses The total amount of the estimated funds required for assessments for the operation of the Condominium set forth in the budget adopted by the Board of Directors shall be assessed against each Unit Owner in proportion to his respective Common Element interest. However, no assessment shall be made against the Declarant as to any Unit completion of which has not been certified by the Declarant in an instrument filed with the Board of Directors. Sale of any such Unit by the Declaration shall be deemed to be the completion of the Unit and the Unit Owner shall thereupon be assessed as provided herein. d. Reserves. The Board of Directors shall build up and maintain reasonable reserves for working capital, operations, contingencies and replacements. e. Effect of Failure to Prepare or Adopt Budget The failure or delay of the Board of Directors to prepare or adopt a budget for any fiscal year shall not constitute a waiver of release in any manner of a Unit Owner's obligation to pay his allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay each monthly installment at the monthly rate established for the previous fiscal year until notice of the monthly payment which is due more than ten days after such new annual or adjusted budget shall have been delivered. Section 5.02. Payment of Common Expenses Each Unit Owner shall pay the Common Expenses assessed by the Board of Directors. No Unit Owner may exempt himself from liability for his contribution toward Common Elements or by abandonment of his Unit. Prior to or after the time of any conveyance of a Unit by a Unit Owner, all liens, unpaid charges and assessments shall be paid in full and discharged. The purchaser of z Unit shall be jointly and severally liable with the selling Unit Owner for all LAW OFFICES unpaid assessments against the latter for his proportionate share BERGERON, PARADIS, of the Common Expenses up to the time of recordingof the :COMBS & FITZPATRICK 10 11 conveyance, without prejudice to the purchaser's right to recover from the selling Unit Owner amounts paid by the purchaser therefore; provided, however, that any such purchaser shall be entitled to a Statement -^+.4- 4 ng r___L,_ ��, k..L.1y LVL L-n the amount of the unpaid assessments against the selling Unit Owner within five (5) days following a written request therefor to the Board of Directors of Managing Agent and such purchaser shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments in excess of the amount therein set forth; and provided, further, that each mortgagee who comes into possession of a Unit by virtue of foreclosure (or by virtue of a deed or assignment in lieu of foreclosure or any purchaser at a foreclosure sale, shall take the Unit free from any claims for unpaid assessments or charges against such Unit which becomes due or accrue prior to the acquisition of title to such Unit by the mortgagee). Section 5.03. Collection of Assessments. The Board of Directors or the Managing Agent, at the request of the Board of Directors, shall take prompt action to collect any assessments for Common Expenses due from any Unit Owner which remain unpaid for more than thirty (30) days from the due date for payment thereof. Any assessment, or installment thereof, not paid within fifteen (15) days after due shall accrue a late charge at the legal rate of interest on the overdue assessment or installment. The Unit Owner shall also be liable for and pay to the Association all costs of collection, including reasonable attorney's fees. Section 5.04. (a) Statement of Common Expenses The Board of Directors shall promptly provide any Unit Owner, contract purchaser or mortgagee so requesting the same in writing with a written statement of all unpaid assessments for Common Expenses due from such Unit Owner. The Board of Directors may impose a reasonable charge for the preparation of such statement to cover the cost of preparation. (b) Statement of Default. The Board of Directors shall promptly notify any mortgagee of any Unit, upon request, of any default in the performance of the Unit Owner of any obligation pursuant to the Declaration, the By -Laws and the rules and regulations which is not cured within sixty (60) days. Section 5.05. Insurance. (a) The Board of Directors shall obtain and maintain, to the extent available, master policies of insurance, as specified, naming the Association as insured (for the use and benefit of the Unit Owners and mortgagees) as their respective interests may appear: i.) Casualty or physical damage insurance on the Buildings and all other insurable improvements forming part of the property including Units (but excluding the furniture, furnishings and LAW OFFICES other personal property of the Unit Owners therein) , together BERGERON, PARADIS, with the service machinery,a aratus equip ment and ;COMBS & FITZPATRICK pp i e q p 11 installations located in the buildings, and existing for the provision of central services or for common use, in an amount not less than one hundred (100%) percent of their full replacement value (exclusive of fnt n-rlatti ons) µs deteimineu by the Directors in their judgment (and all policies shall therefore contain a replacement cost valuation endorsement, so-called or the equivalent) against (1) loss or damage by fire or other hazards covered by the extended coverage endorsement, together with coverage for the payment of Common Expenses with respect to damaged Units during the period of reconstruction, and (2) such other hazards and risks as the Directors from time to time in their discretion shall determine to be appropriate, including but not limited to, vandalism, malicious mischief, windstorm and water damage, boiler and machinery explosion or damage, and plate glass damage. Certificates of such insurance and all renewals thereof, together with proof of payment of premiums, shall be delivered by the Directors to all Unit Owners and their mortgagees upon request, at least ten (10) days prior to the expiration of the then current policies. ii.) Comprehensive public liability insurance and property damage insurance in such amounts and forms as shall be determined by the Directors, governing the Association, the Directors, all of the Unit Owners and any managing Agent of the property, with limits of not less than $500,000.00 for injury, including death, to a single person, $1,000,000.00 for claims for bodily injury (including death) or property damage arising out of a single occurrence and a minimum of $100,000.00 for property damages. iii.) Workmen's compensation and employer's liability insurance covering any employees of the Association. iv.) Such other insurance as the Directors shall determine to be appropriate and such other insurance as may from time to time be required by law. Such master policies shall contain, to the extent available and obtainable, (1) waivers of subrogation as to any claims against the Association, the Directors and their agents and employees, and against the Unit Owners and their respective employees, agents and guests, (2) waivers of any defense based on the conduct of any insureds, if available at premiums reasonably satisfactory to the Board of Directors and (3) provisions to effect that the insurer shall not be entitled to contribution as against casualty insurance which may be purchased by individual Unit Owners as hereinafter permitted, if available at premiums reasonably satisfactory to the Board of Directors. b. Separate Insurance. Each Unit Owner shall have the right, at his own expense, to obtain insurance for his own Unit and for his own benefit and to obtain insurance coverage upon his personal property and for his personal liability as well as upon LAW OFFICES any improvements made by him to his Unit under coverage normally ERGERON, PARADIS, called "improvements and betterments coverage"; provided, )OMBS & FITZPATRICK p / 12 however, that no Unit Owner shall be entitled to exercise this right to acquire or maintain such insurance coverage so as to decrease the amount which the Board of Directors, on behalf of all Unit Owners, may realize under any insurance policy maintained by the Board or to cause any insurance coverage maintained by the Board to be brought into contribution with insurance coverage obtained by a Unit Owner. All such policies shall contain waivers of subrogation if available. No Unit Owner shall obtain separate insurance policies on the Condominium except as provided in this Section. Section 5.06. Lien for Assessments. The total annual assessment of each Unit Owner for Common Expenses or any special assessment of any other sum duly levied and any late charges and costs of collection, made pursuant to the Declaration, is hereby declared to be a lien levied against the Unit of such Unit Owner as provided in Section 1323 of the Act. Section 5.07. Maintenance, Repair Replacement and Other Common Expenses. a. By the Board of Directors The Board of Directors shall be responsible for the maintenance, repair and replacement unless, if in the opinion of not less than a majority of the Board of Directors such expense was necessitated by the negligence, misuse or neglect of a Unit Owner) of all the Common Elements. b. By the Unit Owner. Each Unit Owner shall keep his Unit and its equipment, appliances and appurtenances in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of his Unit. In addition, each Unit Owner shall be responsible for all damage to any other Units or to the Common Elements resulting from his failure to make any of the repairs required by this Section. c. Manner of Repair and Replacement All repairs and replacements shall be substantially similar to the original construction and installation and shall be of first class quality. The method of approving payment vouchers for all repairs and replacements shall be determined by the Board of Directors. Section 5.08. Restrictions on Use of Units: Rules and Regulations. a. Each Unit and the Common Elements shall be occupied and used as follows: 1.) No Unit shall be used for other than housing and the LAW OFFICES related common purposes for which the property was designed. The EOMBS&FITZPATRICK PARAOIS IOMBS 8 FI, Y Board of Directors may permit reasonable, temporary 13 non-residential uses from time to time. Nothing in these By -Laws shall be construed to prohibit the Declarant from using any Unit owned by Declarant for promotional, marketing or display purposes ^ t-- 1 ements for or from using any clpprupria''�c pore.,,. of the Common E settlement of sales of Units. 2.) Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Condominium or any part thereof applicable for residential use without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Condominium or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste shall be committed in the Common Elements. 3.) No immoral, improper, offensive or unlawful use shall be made of the Condominium or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction thereover shall be observed. All laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereover relating to any portion of the Condominium shall be complied with, by and at the sole expense of the Unit Owner or the Board of Directors, whichever shall have the obligation to maintain or repair such portion of the Condominium, and, if the latter, then the cost of such compliance shall be a Common Expense. 4.) No Unit Owner shall obstruct any of the Common Elements nor shall any Unit Owner store anything upon any of the Common Elements (except in those areas designated for such storage by the Board of Directors) without the approval of the Board of Directors. Vehicular parking upon the Common Elements may be regulated or assigned by the Board of Directors. Nothing shall be altered or constructed in or removed from the Common Elements except upon the prior written consent of the Board of Directors. 5.) The Common Elements shall be used only for the furnishing of the services and facilities for which the same are reasonably suited and which are incident to the use and occupancy of the Units. 6.) No Unit shall be rented for transient or hotel purposes or in any event for an initial period of less than six (6) months. No portion of any Unit (other than the entire Unit) shall be leased for any period. No Unit Owner shall lease a Unit other than on a written form of lease requiring the lessee to comply with the Declaration, the By -Laws and the Association's Regulations, and providing that failure to comply constitutes a default under the lease. Each Unit Owner shall, promptly following the execution of any such lease, forward a conformed copy thereof to the Board of Directors. The foregoing provisions LAW OFFICES 3ERGERON, PARADIS, of this subparagraph shall not apply to the Declarant. COMBS & FITZPATRICK 14 LAW OFFICES BERGERON. PARADIS, COMBS & FITZPATRICK 7.) Trailers, campers, recreational vehicles or boats may be parked on the Condominium only in parking areas designated exclusively for such purposes by the board of Directors. No junk or derelict vehicle of other vehicle on which current registration plates are not displayed shall be kept upon any of the Common Elements. 8.) The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, shall be and is prohibited within any Unit or upon the Common Elements, except that the keeping of small, orderly domestic pets (e.g., dogs, cats or caged birds) not to exceed two per Unit without the approval of the Board of Directors, is permitted, subject to the Rules and Regulations adopted by the Board of Directors; provided, however, that such pets are not kept or maintained for commercial purposes or for breeding and provided, further, that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the property upon ten (10) days written notice from the Board of Directors. Such pet shall not be permitted upon the Common Elements unless accompanied by an adult and unless carried or leashed. Any Unit Owner who keeps or maintains any pet upon any portion of the property shall be deemed to have indemnified and agreed to hold the Condominium, each Unit Owner and the Declarant free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium. All pets shall be registered with the Board of Directors and shall otherwise be registered with the Board of Directors and shall otherwise be registered and innoculated as required by law. 9.) Except for such signs as may be posted by the Delcarant for promotional or marketing purposes, no signs of any character shall be erected, posted or displayed upon, in, from or about any Unit or Common Elements without the prior written approval of the Board of Directors. 10.) Open -burning on any portion of the property is prohibited. 11.) All Units installing a stove that burns wood, coal, oil, gasoline, kerosene or any other combustible fuel, are required to submit to the Board of Directors or Managing Agent, a certificate of safety signed by a qualified party designated by the Board of Directors, verifying that the stove installation has been inspected and is in compliance with fire code regulations. All wood stove owners are required to have their chimney flues cleaned by a professional chimney sweep annually. The cost of the cleaning shall be paid by the Unit Owner. Verification of the annual cleaning must be submitted to the Board of Directors or the Managing Agent before October 1 of each year. 15 12.) The Association, by and through its Board of Directors, may enforce compliance with any term or provision of the Declarant and By -Laws by any appropriate proceeding at law seeking either legal or equitable remedies. The Board of Directors, prior to any enforcement procedure set forth in the above, itself, or by and through its designated managing agent, shall give the Unit Owner notice, at the Condominium address, of the violation in issue. For this purpose, notice has been adequately given if certified mail is unclaimed for five (5) days. If within fifteen (15) days of the date of mailing, the violation notice has not been remedied, the Board of Directors may institute legal proceedings. In the event that legal proceedings are instituted, the Unit Owner who is notified shall incur responsibility for reasonable legal fees, courts costs, sheriffs' fees, and other necessary costs associated with the legal proceedings. Such fees, and costs shall be imposed upon the Unit Owner if the legal proceeding is terminated in favor of the Association by Judgment, Order, Stipulation or otherwise. The Association may request that such fees and costs set forth above become a part of any Judgment or Order rendered in its favor. The Board of Directors shall be empowered, in the interest of fairness and equity, to waive the imposition of the above fees and costs upon a Unit Owner, for good cause. A Judgment or Order rendered in favor of the Association against a Unit Owner, for money damages, may be filed with the Clerk of the City of South Burlington and upon filing shall become a lien upon the Unit or Units owned by the Defendant Unit Owner. b. Each Unit and the Common Elements shall be occupied and used in compliance with the Rules and Regulations which may be promulgated and amended by the Board of Directors, including regulations as to noise. Copies of the Rules and Regulations shall be furnished by the Board of Directors to each Unit Owner. Amendments to the Rules and Regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be furnished to each Unit Owner upon request. C. Water conservation will be obtained by use of low -flush closets, aerator faucets, and low flow showerheads and replacement of any such damaged or malfunctioning device shall be of the same make and model as that which was originally installed, or its equivalent. LAW OFFICES BERGERON, PARADIS, ;COMBS & FITZPATRICK LAW OFFICES BERGERON. PARADIS, :OOMBS & FITZPATRICK ARTICLE VI Miscellaneous Section 6.01. Amendment. These By -Laws may be amended by vote of Unit Owners of Units to which at least 75 percent of the votes in the Association. Section 6.02. Notices. All notices, demands, bills, statements or other communications shall be in writing and shall be deemed to have been duly given if delivered personally or if sent postage prepaid (i) if a Unit Owner, at the address which the Unit Owner shall designation writing and file with the Secretary or, if no such address is designated, at the address of the Unit of such Unit Owner, or (ii) if the Association or the Board of Directors at the principal office of the Association or at such other address as shall be designated in writing to the Unit Owners pursuant to this Section. Section 6.03. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these By -Laws or the intent of any provisions hereof. Section 6.04. Gender. The use of the masculine gender in the By -Laws shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires. A85/blodg.byl/blr 17 250 ins M- dal Halide Type FM �o Footcandle Values for the Following Curves z� _= 3� A B C D E F G H H/I I J K L 13 1 18 10 6.7 4.2 2.61.7 1.0 .67 .52 .42 .10 15 1 13 7.8 5.03.1 2.01.2 .78 .50 .39 .31 ±.212 .08 3.5 2.2 1.4 .87 .54 .35 .27 .22 .14 .09 .05 20 1 7.4 4.4 2.8 1.8 1.1 .70 .44 .28 .22 .18 Footcandles Per 1000 Lamp Lumens 30 1 .1 .064 .040 .025 .016 .010 .0064 .0052 .0040 .0025 .0016 .0010 0 0.5 2 0.4 STREET SIDE -50.3 0 h 0.2 c 0 0.1 HOUSE SIDE 0 0 1 2 3 4 5 U Street Widlh/Mounting Height (3Gardco Lighting 0 2661 Alvarado St., San Leandro, Calif. 94577 Phone 415-357-6900 ©Copyright 19771, Gardco Lighting, Inc. PD26-tOM-983 26 FITZPATRICK-LLEWELLYN INCORPORATED One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 PR00111,I MI K e Inc., Won, M. 01471. JOB SHEET NO. Of CALCULATED BY DATE , 2 q 0 CHECKED BY DATE_ SCALE Calculations Gardco Lighting has pioneered the valid use of photometric reports ever since the introduction of the lighting industry's first sharp cutoff luminaire ... Gardco Lighting's Form Ten. A complete selection of Photometric Data Reports are provided for every distribution and lamp combination available. Each report indicates the in- itial footcandle values for each lamp and wattage based upon the listed mounting height. Reports are prepared on a "per 1000 tamp lumens" concept which assures the designer that obsolescence of photometric test data is minimized. Any change in rated lamp lumens by the industry can be accomplished with a simple correction factor. (See Calculations.) To convert footcandle levels indicated on Gardco computer printouts using other lamp wattages, the same formula can be used. The lamp data chart (page 3) provides ini- tial lumen ratings. To determine Footcandle values for mounting heights not shown on photometric data sheets, use the mounting height conversion table or the correction factor formula. To calculate average initial foot- candles for a specific area, use the formula shown in conjunction with the coefficient of utilization charts provided on each photometric data sheet. Design Assistance Gardco provides design assistance and computer printouts of Footcandle levels to verify design data. Contribu- tion of light is totalled and a reading is printed out for specific points in a grid pattern. For further information con- tact your local Gardco representative. Converting or Updating Footcandle Values New Lamp Lumen Output = Converting Factor Old Lamp Lumen Output Example 400 MH to 250 MH = 23000 = .575 Factor 40000 Old Footcandle Value x Converting Factor = New Footcandle Value Mounting Height Correction Factor Using the Inverse Square Law Existing Mounting Heightz New Mounting Heightz = Correction Factor Example 30 ft to 40 ft = 302 = 900 402 1600 56 To convert footcandle readings from a 30 foot mounting height to a 40 foot height multiply values shown on Photometric Data chart for the existing mounting height (in this case, 30 feet) by a factor of .56. Calculating Average Initial Footcandles Lumen Output x Number of x Coefficient of per Lamp Luminaires per Pole Utilization Average Spacing between Luminaires x Width of Area = Initial Footcandles Example Single 400 W Metal Halide Luminaire 30' Mounting t 45'or 1.5 Height Mounting Heights I 165' y 165 x 1 x .31 1651 x 45' = 1.67 Average Initial Footcandles 01 ■E%EM ®� OMEN WOMEN ���MEE ., ,®■■■ Street Width/ Mounting Height © Copyright 1983 • Gardco Lighting 2. Reference Tables Mercury Vapor High Pressure Sodium Metal Halide (Horizontal) Metal Halide (Vertical) Lamp Data Chart Lamp Wattage Lamp Number Initial Lumens Rated Life HRS 75 H43AV-75/DX 3150 24000 100 H38JA-100/DX 4500 24000 175 H39KC-175/DX 8500 24000 250 H37K3-250/DX 13000 24000 400 H33GL-400/DX 23000 24000 1000 H36GW-1000/DX 1 63000 24000 35 LU35 2250 16000 50 LU50 4000 24000 70 LU70 6300 24000 100 LU100 9500 24000 150 LU150/55 16000 24000 200 LU200 22000 24000 250 LU250/S 30000 24000 310 LU310 37000 24000 400 LU400 50000 24000 1000 LU1000 140000 24000 175 M175U 14000 10000 175 MS175/HOR 15000 10000 250 M250/BU-HOR 20500 10000 250 MS250/HOR 23000 20000 400 M400/BU-HOR 34000 20000 400 MS400/HOR 40000 20000 1000 M1000/BU-HOR 110000 12000 175 M175/BU 14000 7500 250 M250/BU-HOR 20500 10000 400 M400/BU-HOR 34000 20000 400 MS400/BU 40000 20000 1000 M1000/BU-HOR 110000 10000 1000 MS1000/BU 125000 12000 Mounting Height Conversion Table New Mounting Heights 10 15 20 25 30 35 40 45 50 55 60 10 - 0.44 0.25 0.16 0.11 0.08 0.06 0.05 0.04 0.03 0.03 15 2.25 - 0.56 0.36 0.25 0.18 0,14 0.11 0.09 0.07 0.06 20 4.00 1.78 - 0.64 0.44 0.33 0.25 0.20 0.16 0.13 0.11 Z25 .S 6.25 2.78 1.56 - 0.69 0.51 0.39 0.31 0.25 0.21 0.17 � 30 c g,00 4.00 2.25 1.44 - 0.73 0.56 0.44 0.36 0.30 0.25 35 0 12.25 5.44 3.06 1.96 1.36 - 0.77 0.60 0.49 0.40 0.34 CM c 16.00 7.11 4.00 2.56 1.78 1.31 - 0.79 0.64 0.53 0.44 45 20.25 9.00 5.06 3.24 2.25 1.65 1.27 - 0.81 0.67 0.56 50 25.00 11.11 6.25 4.00 2.78 2.04 1.56 1.23 - 0.83 0.69 55 30.25 13.44 7.56 4.84 3.36 2.47 1.89 1.49 1.21 - 0.84 60 36.00 16.00 9.00 5.76 4.00 2.94 2.25 1.78 1.44 1.19 - For mounting heights not shown on table, refer to Calculations on page 2. 3. 7500K high CRI fluorescents Short -arc xenon 5000K high CRI fluorescents CW & CWX fluorescent lamps 0 IES LIGHTING READY REFERENCE Blue northwest sky Blue sky with thin white clouds Blue sky 10000 t SIP- (]M� � rU •8000 Average north sky 7000 Uniform overcastsky 6000 Average noon sun 5000 Average mixture of 41 sun and skylight 4000 Deluxe white mercury Warm d WW & WWX eluxe mercury fluorescent lamps 3000 100 watt incandescent tamp i 2-5-wait l incandescent lamp High-pressure sodium 2000 Candle flame F1g• 37 Correlated color temperature in kelvins, of sev- eral electric light and daylight sources. AG1 NCY OF NATURAL RESOURCES 1 DEPARTMEN I M L.i,IVJ r,t.rNMEN'1 AL L;UN.�L RVA I ION Protection, Permits & Compliance Di4sion 103 So. Main Street - The Annex Waterbury, VT 05676 (802) 244--1,674 NOTICE OF-( COMPLETE APPLICATION rSAN, T -7 �990 PROJECT ID: 1-0935 PROJECT NAME: DENNIS BLODGETT STORMWATER RUNOFF DATE RECEIVED: 01/12/90 Applicant: DENNIS BLODGETT 1000 SHELBURNE ROAD SOUTH BURLINGTON. VT 05403 CHECK NO: 13859 FEE PAID: $35.00 Send Correspondence To: FITZPATRICK-LLEWELLYN INC CHARLES VAN WINKLE ONE WENTWORTH DRIVE WILLISTON. VT 05495 802-878-3000 In accordance with Act 76, the Fee Bill, the Secretary of Natural Resources has established performance standards for many of the permit programs administered by the Agency. These standards establish in-house time limits for review of applications, and we are required to review your application within those time limits. Your application falls under the following permit program: Storm".jater/Minor Permit - In-house Time Limit: 150 days. Please note that the performance standard refers only to in-house review time: any time which may elapse while you submit any additional information needed to.adequately review your application is not counted in this time. Although we may request some additional Lechnical information from you as our review of your application 'pprogress:es, this is your notification that application is sufficiently COMf�LETE for- us to begin technical review. Please review the names, addresses, and telephone numbers shown above for your application, and notify this office if the information shown is incorrect.. Date of this Notice: 01/12/90'--_ry�y.�t-� cc: Mr. Charles Van Winkle, Fitzpatrick -Llewellyn Inc. STATE OF VERMONT OoV 7-" /60& AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: DENNIS BLODGETT ) DISTRICT ENVIRONMENTAL COMMISSION IV APPLICATION 4C0826 JANUARY 26, 1990 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Natural Resources, State of Vermont, in the above -captioned matter. PRE -HEARING COMMENT CRITERION 1 The extension of the public community water line and the installation of the fire hydrants requires review and approval by the Department of Health. The Department requests that a land use permit not be issued until approval has been issued by the Department. CRITERION 8 - WETLANDS Enclosed is a memorandum from Wetlands Specialist, Lisa Borre. The Agency apologizes for inadvertently failing to forward these comments. I hereby certify that a copy of the foregoing Agency ENTRY OF APPEARANCE and PREHEARING COMMENTS was sent by U.S. Mail (Postage Prepaid) to all statutory parties. Done on this 26th day of January, 1990 at Waterbury, Vermont. Respectfully submitted, State of Vermont Agency of Natural Resources BY iwk jl � EljVzabeth Lord Assistant to the Land Use Attorney AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WATER QUALITY DIVISION OFFICE MEMORANDUM TO: Mark Sinclair, Land Use Attorney FROM: Lisa Borre, Wetlands Specialist �, b DATE: November 17, 1989 SUBJECT: Dennis Blodgett, South Burlington Application #4C0826 During the early stages of the Act 250 permitting process, I had the opportunity to review the above referenced site to determine whether there would be any negative impacts to wetlands from the proposed project. At that time, I identified a wetland on the property, informed the applicant of the approximately boundary of concern, and made recommendations for minimizing impacts to the wetland (see attached letter). Unfortunately, the applicant submitted their application prior to receiving my comments, and therefore, the applicant has not made necessary revisions to the plans. On November 13, 1989, I spoke with the project engineer about my concerns to maintain the wetland in its naturally functioning condition. In order to evaluate potential impacts to the wetland more accurately, I recommended that the applicant have wetlands delineated and shown on the site plan. Because no reference is made to any wetland concerns in the application, I wanted to inform you that I will be working with the project engineers to achieve my recommendations. The applicant has expressed an interest in resolving these issues prior to a hearing. I will let you know if we get any of these issues resolved. Thank you for your attention to this matter. Please distribute to all parties. vlh `%16 WATER QUALITY DIVISION 10 North Building (802) 244-6951 August 29, 1989 Moira A. Malone Fitzpatrick--LIewellyn Inc. Engineering and Planning Services One Wentworth Drive Williston, VT 05495 Dear Moira: Subject: Blodgett II, Residential Housing Project Holmes Rd., South Burlington Thank you for sending our office a copy of the plans for the above referenced project in South Burlington. I appreciate the opportunity to comment on the project during the early stages of the permitting process. On August 16, 1989, I visited the site to evaluate Potential adverse impacts to wetlands from the proposed 18 unit housing project. There is a wetland area on the property that includes a small wooded swamp and wet meadow areas. Enclosed you will find a copy of a portion of the site plan showing the approximate wetland location. A small stream originates in the low area west of the existing building on the property and flows through the wetland area leaving the property in the southwest corner. This wetland is important for contributing to the quality of surface water through chemical action, providing temporary flood storage, and contributing to the aesthetics of the area, primarily by providing a naturally vegetated visual buffer for the project. In order to minimize impact to the wetland on the property I have the following recommendations. 1. Housing units 1 through 4 should be moved out of the wetland area. This could be accomplished by reconfiguring the building layout to situate housing units further back into the northwestern portion of the property. Another option would be to reduce the number of units from 18 down to either 14 or 16. 2. The eastern driveway into the property should be eliminated to avoid crossing the wetland area. Moira A. Malone August 29, 1989 Page 2 3. A 25' undisturbed buffer zone should be established from the edge of the wetland in all areas. The small portion of Holmes Road Extension may be excluded from this where the wetland impact is unavoidable. No construction or disturbance of soils or vegetation should occur within these buffer zones. 4. The 25' buffer zones should be marked with snow fencing which will act as a physical barrier to keep machinery out of the buffer zone and wetland area. Lines of siltation fencing should be established adjacent to snow fencing in all areas downgradient from the proposed site work. Plans for snow and silt fencing should be shown on the site plan. I look forward to Please do not hesitate questions about these mlc working with you on this project. to call me at 244-6951 if you have any recommendations. Sincerely, Lisa Borre Wetlands Specialist cc: Mark Sinclair, Land Use Attorney Lou Borie, District Coordinator I . - ` C .. _ A . f ! 1 Tr 1' Dfannis Blodgett 1 1000'Shelburne Road South's Sur 1 i ng ton, Vermont a ; 4 R4,)`' :�o.n:„ 18 multifamily units in 5 buildings"pj i CERTIFICATE OF SERVI I hereby certify that I, Robert A Levite, for the Agency of Natural Resources, sent a copy of the foregoing Prehearing Comments by Elizabeth F. Lord, Assistant to the Land Use Attorney, dated January 26, 1990; and memorandum from Lisa Borre, Wetlands Specialist, dated November 17, 1989, regarding File #4C0836 by U.S. Mail, postage prepaid to the following: Dennis Blodgett 1000 Shelburne Road South Burlington, VT 05403 Charles Van Winkle Fitzpatrick -Llewellyn, Inc. One Wentworth Drive Williston, VT 05495 Margaret Picard, City Clerk 575 Dorset Street South Burlington, VT 05403 Chairman, Board of Selectmen 575 Dorset Street South Burlington, VT 05403 Joe Weith, City Planner, and City Planning Commission 575 Dorset Street South Burlington, VT 05403 Chuck Hafter, City Manager 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 Dated at Waterbury, Vermont, this 29th day of January, 1990. �i Robert A Levite Planning Division State of Vermont —l� Subdivision Permit CASE NO. EC-4-1432 APPLICANT Dennis Blodgett ADDRESS 1000 Shelburne Road South Burlington, VT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Chapter. 3, Subdivisions 05403 This project, consisting of removal of Deferral of Permit D-4- 1246 on a 4.4 acre lot for the purpose of constructing 18 multi- family units referenced in Water Supply and Wastewater Disposal Permit WW-4-0184 located off Holmes Road in the Cite of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4CO826 GENERAL. (1) This permit does not constitute Act 270 approval. (Title V.S.A., Chapter 151). The permittee is hereby reminded to procure all relevant State and local permits prior to proceeding with this project. (2) The project shall be completed as shown on the plans Project Number 88132 Sheet 1 of 8 "Overall Site Plan" dated May 1989 revised 8/16/89 prepared by Fitzpatrick -Llewellyn, Inc. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. (4) The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 15) This lot is for the exclusive use of the 18 multi -family housing units approved in Water Supply and Wastewater Disposal Permit WW-4-0184. All conditions set forth in Permit WW-4-0184 shall be strictly adhered to. No other type structures, including singLe family residences and commercial/retail buildings shall be permitted without first receiving written permission from the Division of Protection. Subdivision Permit EC-4-1432 page 2 (6) This permit shall supersede Deferral of Permit #D-4-1246 dated Nov. 14, 1988, thereby rendering it null and void. Timothy J. Burke, Commissioner Department of Environmental. Conservation By Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this 12th day of January 1990. cc: Donald Robisky South Burlington City Planning Commission Department of Health Department of Labor and Industry Louis Borie Fitzpatrick -Llewellyn, Inc. File D-4-1246 File WW-4-0184 f,n State of Vermont K Water Supply & Wastewater Permit LAWS/REGULATIONS INVOLVED 10 V.S.A. Chapter 61 Environmental Protection Rules CASE NO. WW-4-0184 Appendix A, Design Guidelines APPLICANT Dennis Blodgett ADDRESS 1000 Shelburne Road South Burlington, VT 05403 This project, consisting of constructing 18 three bedroom multi- family housing units in 5 buildings on a lot approved in Subdivision Permit EC-4-1432 located off Holmes Road Extension in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4CO826 GENERAL (1) This permit does not constitute Act 250 approval (Title V.S.A., Chapter 151). The permittee is hereby reminded to procure all relevant State and local permits prior to proceeding with this project. (2) The project shall be completed as shown on the plans Project Number 88132 Sheet 1 of 8 "Overall Site Plan" dated May 1989 revised 8/16/89; Sheet 2 of 8 "Site & Utilities Plan" dated May 1989 last revised 1/3/90; Sheet 3 of 8 "Plan & Profile" dated May 1988 last revised 1/3/90; Sheet 4 of 8 "Typical Details" dated May 1989 and Sheet 8 of 8 "Sanitary Sewer Profile" dated Jan. 1990 prepared by Fitzpatrick - Llewellyn, Inc.& and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) All conditions set forth in Subdivision Permit #EC-4-1432 dated Jan. 12, 1990 shall remain in effect except as modified or amended herein. (4) A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (5) In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. (6) The Protection Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit, not under the Environmental Protection Rules, Chapter 4 - Public Buildings. WATER SUPPLY (7) The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. Water Supply & Wastewater Disposal Permit WW-4-0184 page 2 (8) The water main extension is approved provided the water main extension is constructed in strict accordance with the Department of Health's "Letter of Approval" (PID #1219, WSID No. 5092) to Dennis Blodgett dated Dec. 18, 1989. SEWAGE DISPOSAL (9) The project is approved for connection to the South Burlington Bartlett Bay wastewater treatment facility for a maximum of 7290 gallons of sewage per day. (10) A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Protection Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each segment of the sanitary sewer extension and all manholes, as described in Appendix A, of the Environmental Protection Rules. Timothy J. Burke, Commissioner Department of Environmental Conservation By ��Z.e%fir'C, Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this 12th day of January 1990. cc: Donald Robisky --South Burlington City Planning Commission Department of Health Department of Labor and Industry Louis Borie Fitzpatrick -Llewellyn, Inc. File EC-4-1432 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 1, 1989 Mr. Dennis Blodgett Blodgett Insurance Company 1000 Shelburne Road South Burlington, Vermont 05403 Re: 18 unit P.R.D., Holmes Road Dear Denny: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also enclosed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, September 5, 1989 at 7:30 P.M. to represent your request. Si rely, Joe Weith, City Planner Encls JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 October 13, 1989 Mr. Dennis Blodgett Blodgett Insurance Company 1000 Shelburne Road South Burlington, Vermont 05403 Re: 18 Unit PRD, Holmes Road Dear Denny: ZONING ADMINISTRATOR 658-7958 Enclosed are the 9/5/89 Planning Commission meeting minutes. Please meet the stipulations contained in the approval motion before recording the final plat and applying for a building permit. Please call if you have any questions. cer�ely, Joe Weith, City Planner 1 Encl cc: Lance Llewellyn JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 13, 1989 Mr. Lance Llewellyn Fitzpatrick -Llewellyn Associates One Wentworth Drive Williston, Vermont 05495 ZONING ADMINISTRATOR 658-7958 Re: 18 unit planned residential development, Holmes Road Dear Mr. Llewellyn: The South Burlington Planning Commission approved the Final Plat application for the above referenced project at the Commission's 9/5/89 meeting. As part of the approval, the project was granted a 8,100 gpd sewer allocation. This project will be served by the Cit.y's Bartlet.t.'s Bay treatment plant which has sufficient capac- ity to handle this demand. If you have any questions or if I can be of additional assist- ance, please do not hesitate to contact me. Sincerely, \ ' P Weith, City Planner JW/mcp SOUTH BURLINGTON SCHOOL DISTRICT Frederick H. Tuttle OFFICE: South Burlington High School Lawrence E. LeCours Superintendent Assistant Superintendent SOUTH BURLINGTON, VERMONT 05403-6296 550 DORSET STREET 802/658-9050 October 13, 1989 Mr. Charles VanWinkle Fitzpatrick -Llewellyn Incorporated One Wentworth Drive Williston, Vermont 05495 Dear Mr. VanWinkle: At their meeting on October 11, 1989, the South Burlington School Board voted that the proposed Blodgett II development referenced in your letters dated July 14, 1989 and September 6, 1989 would not place an unreasonable burden on this municipality to provide educational services. Enclosed is a copy of my recommendation and our transportation policy. Students in grades kindergarten -five will attend Orchard School; students in grades six -eight will attend the Middle School and grades nine -twelve will attend the high school. If you have any questions regarding the above, please contact me. Sincerely, Frederick H. Tuttle Superintendent of Schools FHT/dbg cc: Building Principals Leo Brown Lawrence LeCours Joe Weith SOUTH BURLINGTON SCHOOL DISTRICT South Burlington, Vermont 41. Blodgett II Development, Holmes Road - Fitzpatrick -Llewellyn, Inc. 18 units to be constructed Units x number of school age Number of units children Number of 18 condominium units 18 x .5 18 units 1990-91 Grade Level Units/Pupils 6 3 K- 5 1 6-8 1 9-12 1 students 9 1991-92 Units/Pupils 6 3 1 1 1 9 students 1992-93 Units/Pupils 6 3 1 1 1 Based upon the above, it is my opinion and recommendation that this project, outlined in Mr. Charles VanWinkle's letter dated July 14, 1989, will not provide an unreasonable burden on this municipality to provide education services. October 10, 1989 Frederick H. Tuttle Superintendent of Schools SOUTH BU )NGTON SCHOOL DISTRICT t POLICY 8.1 SOM BURLINGTON SCIi00L DISTRICT SOUP_i BURLINGTON, VERI"ONT TRANSPORTATION POLICY It is the policy of the South Burlington School District to furnish transportation daily to resident pupils to and from -all schools in the district in accordance with approved administrativ^ guidelines. Administrative Guidelines 1. Transportation will be nrovided for pupils in grades K-S whose walking distance from the school they attend exceeds 3/4 mile. 2. Transportation will be nrovided for punil.s in .grades 6-12 whose walking distance from the school they attend exceeds one mile. 3. Bus routes and schedules, which are reviewed annually, are determined by the Business Manager with the approval of the Superintendent. Prior to -the opening of school, pupils who are to be transported receive an individual bus schedule indicating the bus stop location, the bus number, and the annronriate pick-up time. 4. Buses will not be routed over private roads. S. Parents who have questions or requests concerning transportation should contact the Superintendent of Schools. [le will forward appropriate requests to the School Directors with his recommendations. 6. The Superintendent has the discretionary power to make exceptions to the above provisions when the health of a pupil or safety conditions warrant such action on his part. 7. In accordance with Title 23 section 1282 of the Vermont Statutes, buses are properly inspected and bus drivers "submit to an examination by a registered nhysician and furnish to the Board of School Directors a certificate signed by such registered physician that he is physically competent to pert oun such duties." Signed: Policy accepted: —August 11, 1971 Policy revised and accepted:_ / 012 3 7./ REAFFIRMATION: City of South Burlington WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLINGTON, VERMONT 05403 TEL. 864-4361 October 3, 1989 Mr. Charles Van Winkle Fitzpatrick -Llewellyn Inc. One Wentworth Drive Williston, VT 05495 RE: Act 250 Review, Blodgett II, Holmes Road Extension South Burlington, VT Dear Sir, This letter is to inform you that the South Burlington water distribution system is capable of delivering the estimated daily demand, 8,100 gallons, of the above referenced project without encumbering or restricting the present users on the South Burlington water distribution system. If you have any questions or I can be of further assistance please do not hesitate to call. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT \ Robert L. Gardner Superintendent cc: J. Weith M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: September 5, 1989 agenda items Date: September 1, 1989 2) PUBLIC HEARING: 18 UNIT PRD, HOLMES ROAD Dennis Blodgett proposes to construct an 18 unit planned residen- tial development on a 4.4 acre parcel on Holmes Road east of Shelburne Road. The Preliminary Plat was approved on 7/11/89 (minutes enclosed). Several issues and concerns were raised at the Preliminary Plat review and have been addressed as follows: Landscaping: The approval motion granted a $7,500 landscaping credit for existing trees with the condition that the applicant tag trees to be saved. I visited the site with the applicant and consultant and identified important trees which should be saved. These trees were plotted on the plans. Some of these trees will have to be removed to make room for the new road, however, some can be saved. The trees which are indicated on the plan and which can be realistically saved should be identified as "to be saved" on the plan. It is my opinion that these four or five 20" - 30" trees and the trees located within the 25 foot undisturbed buffer area easily meet the $7,500 credit. These trees and the buffer area should be adequately protected during construction with snowfences. Drainage: The Wagner, Heindel and Noyes study determined that the IDX pond can adequately handle the revised design, in fact, the situation is improved over the original design. Parking: Page one of the plans was revised to indicate the correct number of required and proposed parking spaces. Water: The water line has been extended to the south side of Holmes Road, valved and capped. Other: The School Department would like an adequate turn around for school buses. I will talk with Fred Tuttle and Bill Szyman- ski to see if the proposed 3-point turn around is adequate. See Preliminary Plat approval for additional requirements prior to permit. 1 9/5/89 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Final Plat application of Dennis Blodgett for construction of an 18 unit planned residential development as depicted on a 7 page set of plans titled "Blodgett Property Development, Overall Site Plan," prepared by Fitzpatrick -Llewellyn, Inc., and dated May, 1989 last revised 8/16/89, with the following stipulations: 1. The applicant shall post a $20,500, 3 year landscaping bond prior to permit. The Commission grants a $7,500 credit for the existing trees within the private loop and the 25 foot undis- turbed buffer strip. The plan shall be revised to indicate as "to be saved" those trees within the private loop which havF been identified and plotted on the plan. ,�'-'urrax��_�/.c. l �P, j 2. Street lights shall be installed prior to the sale of units. 3. A bond in an amount to be determined by the City Engineer for the new street, sewer, water & sidewalk shall be posted prior to permit. 4. A $200 per unit recreation fee shall be paid prior to permit. 5. A $-Shelburne Road intersection fee shall be paid prior to permit based on the 13 peak hour trip ends generated by the development. 6. A 25 foot buffer along the north and eastern property lines shall be left undisturbed. This buffer strip shall be adequately protected during construction. 7. A 8100 gpd sewer allocation is granted. The $2.50 per gallon fee shall be paid prior to permit. 8, The developer shall furnish and install the street signs and stop signs. 9. Legal documents for the new street (Offer of Dedication and Deed) shall be submitted to the City Attorney for approval prior to permit. 10. Condominium association rules and covenants which address the 25 foot buffer strip and prohibit the conversion of garage space to living space (in order to preserve number of parking spaces) shall be submitted to the City Attorney for review and approval prior to permit. No changes shall be made to such rules and covenants without Planning Commission approval. The City re- serves the right to enforce this provision. 1 11. Driveways shall have a depressed concrete curb. Sidewalks shall be concrete and shall be 8 inches thick at driveways and 5 inches thick -otherwise. 12 recorded plat shall o e gr '}d electric an4 tele ph e limos irri easement outsi a the lmes road r:o.wf The private road shall be built to City specifications with the exception of curbs. Kn_r,W " s cA.wzj1, 14. The Final Plat must be recorded within 90 days or this approval is null and void. The plat shall be submitted to the Planner for approval prior to recording. Sr 2 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: September 5, 1989 agenda items Date September 1, 1989 2) BLODGETT PROPERTY, HOLMES ROAD EXTENSION 1. Depressed concrete curbs shall be constructed across the driveways. 2. Plans dated May 1989 titled Blodgett Property Development prepared by Fitzpatrick -Llewellyn are acceptable. 3. The Noyes drainage control study is acceptable. H 1\1N Wagner, Helndel, and Noyes, Inc. consulting geologists P.O. Box 1629 Burlington, Vermont 05402-1629 802-658-0820 August 16, 1989 Mr. Joseph Weith Planning Office Municipal Building Dorset Street S. Burlington, VT 05401 Re: Blodgett Property Dear Mr. Weith: Enclosed please find the results of our revised runoff analysis of the Blodgett Property Site Plan prepared by Fitzpatrick -Llewellyn, Inc. Based on the results of hydrologic modelling using Soil Conservation Service TR-20 Model for a 25-year design storm, we find that the current site plan meets the peak discharge goals of the South Burlington Planning Commission. Should you have any questions on this information, please do not hesitate to call. Sincerely, 46'�VL Jeffrey A. Nelson Hydrogeologist JAN/tjr Enclosures cc: Charlie Van Winkle BARTLETT BROOK/BLODGETT PROPERTY HYDROLOGIC REVIEW SUMMARY RECOMMENDATIONS AND CONCLUSIONS 1. The revised development plan for the residential portion of the Blodgett property, prepared by Fitzpatrick -Llewellyn, and dated May 1989, have been reviewed for hydrologic impact on North Brook/Bartlett Brook watersheds. 2. This analysis was a revision of the work performed October 1985 for the previous site plan. All of the background information on the site is included in the previous report. 3. The current site plan includes the lengthening of Holmes Road extension, the reconfiguration of the residential units, and the addition of a small stormwater retention pond at the center of the site (see Attachment, page 1). 4. The design storm for the analysis was a 25-year 24-hour storm, or 4.0 inches in 24 hours. The routing of stormwater os the same as for the previous analysis, that being to the existing pond on the IDS property. The projected peak discharge rate from the IDS pond for the design storm is 25.98 cfs, which is essentially equal to the projected peak discharge of 26.08 cfs under the previous site plan. The total peak discharge rate to the North Brook watershed is also essentially equivalent at 151.6 cfs compared to 151.3 cfs under the previous site plan. Thus, the peak discharge goals of the South Burlington Planning Commission will be met. 5. Our additional findings regarding the increase in size and verification of construction on the IDS pond presented in our May 1988 report still apply and should be evaluated. 4.- (it IM1 I / et \ /�/ \" �� i � •' p"'�a el 1 ` acp,m � 11 ! '-I .\�\ c G I A = _,l Ls' I � 1 1 � � / '. / .v % /� 04 N, 221ji \ e_e <o �_ s��� ----'.\ -<� _� ' / � � _\ ��.jr' 1. \I ii ` \ \ �/ \ \\�� 4<•'" j � '� ' I� (' � ' 5b IX I_ •'` ����' `i/ &0/ s A. 904 amv /011v ... ..... .. V GEND P5,17",.,c7v? PrcpcRrY Llf,C of PROPosei Eocr OF P.-,vcmEvr --------- - OF PAVEMEV 7' oposz,.:) cvrawo F EXIS71NI C:N 7.1 Lf? Mop 13116D CLNrovi? FOR AOOI'JL'r;4-' OE7AIL OF HOLMES RO. Ely-,EVSION SCALE I" - 20' PROPOSED SIMVALK SEE smci'r 3. 0 PROPOSED. SA N!-,A r Y SEWEI? WIMANHOLF W1 CA7':H 1711511V "I SE;VE7? PROPOSED Sror R'ArE.9 L!t.F' IVIHYCI?-Nr. V.IL'.r Ilqcll PlIv F:lj:%,D BLODGETT PROPERTY DEVELOPMENT • IRCPi !,V 7'0 3E SZ7 COPIC. U,^,.UA4C.V r FCI-"Jo CoNc.,wo.vuyvir ro az sEr o CA LCUL'4--rl SITE UTILITIES PLAN F il vzl,: h 5 c K MCORPORATED jyj 1.- 0 Ill" I-- '-. 1-1 VI:-- c' c w lt.L,I-T0fj nMONT H ►W�N Wagner, Heindel, and Noyes, Inc, Consulting Geologists Burlington, Vermoni 2�✓►S w N S `Ca IP rfl i, P m E- ✓T' Ak(c h C,V L p, 66.1 �3 0,0o3a.- 4 O.o03SS m Page No. PAGE OF PROJECT �n-Eir�6wi n` DATE: '6' I `Ln 0,0(.3 0. 1$C d.o�ss (-,u L NU KZpZfL- A-- T i nq E - v C - r./ c AJ 3 c rJ SWIGS NU v :c Guop 7v W: C-t") rji'f,v SPAtE� C- uU opr-d SPhcE, Go00 L o frz T'6 `t Fr-1- 4 EA.,3i-b CUINPugl i E cN c,U kxc.A) q 6. a4. U 51 0&4�fsUr> Cl2, 17_0 � f S--I CQ = 5 ,4 H MIN Nagner, Heindel, and Noyes, Inc ;onsulting Geologists Burlington, Vermon Oil Page No. PAGE OF PROJECT DAT E : <6 . I S, (,Qf-j 6Tr( i't V L S T 04efl-lAA,1 Fr/S l�6 5(ob� SH, CON 5,(0 to a.-4S Jo 6 d� ill' Ci1%�fj L(� N Q, i 1j'fo77S. (7 (4i2GS S =0.o (0 K2 tL 4 4,L U.o2H2 TR20 XEQ REV 05/02/83 NORTH BROOK LAST REVISED 08-15-89 (BLOOGETT-REVISIONS) JOB 1 SUMMARY PAGE 28 SUMMARY TABLE 1 - SELECTED RESULTS OF STANDARD AND EXECUTIVE CONTROL INSTRUCTIONS IN THE ORDER PERFORMED (A STAR(*) AFTER THE PEAK DISCHARGE TIME AND RATE (CFS) VALUES INDICATES A FLAT TOP HYDROGRAPH A QUESTION MARK(?) INDICATES A HYDROGRAPH WITH PEAK AS LAST PO[NT.) SECTION/ STANDARD RAIN ANTEC MAIN PRECIPITATION PEAK DISCHARGE STRUCTURE CONTROL DRAINAGE TABLE MOIST TIME ------------------------- RUNOFF -------------------------------------- ID OPERATION AREA * COND INCREM BEGIN AMOUNT DURATION AMOUNT ELEVATION TIME RATE RATE (SO MI) (HR) (HR) (IN) (HR) (IN) (FT) (HR) (CFS) (CSM) ALTERNATE 1 STORM 1 STRUCTURE 20 RUNOFF .007 2 2 .10 .0 4.00 24.00 2.83 .99- 12.01 14.07 2164.1 XSECTION 2 REACH .007 2 2 .10 .0 4.00 24.00 2.81 146.58 12.11 14.08 2165.6 STRUCTURE 31 RUNOFF .002 2 2 .10 .0 4.00 24.00 2.59 .98- 11.96 4.50 2500.E STRUCTURE 31 RESUOR .002 2 2 .10 .0 4.00 24.00 2.66 194.55 11.97 4.65 2584.0 XSECTION 37 REACH .002 2 2 .10 .0 4.00 24.00 2.61 191.15 12.07 4.65 2583.5 STRUCTURE 32 RUNOFF .001 2 2 .10 .0 4.00 24.00 2.80 .99- 11.97 1.73 2467.2 ' STRUCTURE 32 ADDHYD .003 2 2 .10 .0 4.00 24.00 2.66 190.84 12.05 5.52 2206.5 STRUCTURE 32 RESVOR .003 2 2 .10 .0 4.00 24.00 2.31 191.00 12.02 6.OU 2399.1 XSECTION 38 REACH .003 2 2 .10 .0 4.00 24.00 3.11 187.50 12.12 6.00 2399.0 STRUCTURE 33 RUNOFF .002 2 2 .10 .0 4.00 24.00 2.87 .94- 11.96 4.56 2683.2 STRUCTURE 33 ADDHYD .004 2 2 .10 .0 4.00 24.00 3.02 187,87 12.03 7.50 1789.6 STRUCTURE 33 RESVOR .004 2 2 .10 .0 4.00 24.00 2.84 188.02 12.01 8.08 1924.5 XSECTION 39 REACH .004 2 2 .10 .0 4.00 24.00 2.83 182.04 12.11 8.08 1924.4 STRUCTURE 36 RUNOFF .001 2 2 .10 .0 4.00 24.00 2.81 .94- 11.98 1.33 2378,3 STRUCTURE 36 RESVOR .001 2 2 .10 .0 4.00 24,00 2.82 187,66 11.98 1.33 2375.6 XSECTION 40 REACH .001 2 2 .10 .0 4.00 24,00 2.76 186.94 12.08 1.33 2374,2 STRUCTURE 35 RUNOFF .001 2 2 .10 .0 4.00 24.00 2.90 .99- 11.95 2.60 2768.7 STRUCTURE 35 ADDHYD .002 2 2 .10 .0 4.00 24.00 2.85 189.18 11.98 3.55 2363.8 STRUCTURE 35 RESVOR .002 2 2 .10 .0 4.00 24.00 3.13 189.15 11.99 3.45 2302.3 XSECTION 41 REACH .002 2 2 .10 .0 4.00 24.00 2.70 195.84 12.08 3.45 2302.1 STRUCTURE 34 RUNOFF .002 2 2 .10 .0 4,00 24.00 3.00 .99- 11.96 4.11 2738.0 STRUCTURE 34 ADOHYD .003 2 2 .10 .0 4.00 24.00 2.89 182.68 11.98 6.70 2232.1 STRUCTURE 34 RESVOR .003 2 2 .10 .0 4.00 24.00 3.04 182.68 12.01 6.67 2222.9 XSECTION 42 REACH .003 2 2 .10 .0 4.00 24,00 2.97 178.13 12.11 6.67 2222.6 STRUCTURE 43 ADDHYD .007 2 2 .10 .0 4.00 24.00 2.89 180.69 12.11 14.75 2048.6 XSECTION 8 REALM .007 2 2 .10 .0 4.00 24.00 2.92 119.56 12.21 14.75 2048.6 XSECTION 2 RUNOFF .007 2 2 .10 .0 4.00 24,00 2.83 .99- 12.01 16.01 2164.1 XSECTION 2 ADOHYD .014 2 2 .10 .0 4.00 24.00 2.82 147.11 12.06 28.27 2034.0 XSECTION 3 RUNOFF .003 2 2 .10 .0 4.00 24.00 2.12 .99- 11.99 6.O0 1818.8 XSECTION 4 REACH .003 2 2 .10 .0 4.00 24.00 2.11 155.55 12.09 6.00 1818.7 XSECTION 4 RUNOFF .005 2 2 .10 .0 4.00 24.00 2.28 .99- 12.09 7.81 1530.8 XSECTION 4 ADDHYD .008 2 2 .10 .0 4.00 24.00 2.21 155.73 12.09 13.8t 1643.9 <.i OR N%-- w TR20 XEQ NORTH BROOK LAST REVISED 08-15-89 (9LOO1;ETT-REUISIONS) JOB 1 SUMMARY REV 05/02/83 PAGE. 29 s SUMMARY TABLE 1 - SELECTED RESULTS OF STANDARD AND EXECUTIVE CONTROL INSTRUCTIONS IN THE ORDER PERFORMED (A STAR(*) AFTER THE PEAK DISCHARGE TIME AND RATE (CFS) VALUES INDICATES A FLAT TOP HYDROGRAPH A QUESTION MARK(?) INDICATES A HYDROGRAPH WITH PEAK AS LAST POINT.) ' SECTION/ STANDARD RAIN ANTEC MAIN PRECIPITATION PEAK DISCHARGE STRUCTURE CONTROL DRAINAGE TABLE MOIST TIME ------------------------- RUNOFF -------------------------------------- ID OPERATION AREA it COND INCREM BEGIN AMOUNT DURATION AMOUNT ELEVATION TIME RATE RATE (SQ MI) (HR) (HR) (IN) (HR) (IN) (FT) (HR) (CFS) (CSM) ALTERNATE 1 STORM 1 XSECTION 5 REACH .008 2 2 .10 .0 4.00 24.00 2.22 145.73 12.19 13.81 1643.9 XSECTION 2 ADDHYD .022 2 2 .10 .0 4.00 24.00 2.59 147.51 12.10 38.82 1741.0 XSECTION 1 RUNOFF .039 2 2 .10 .0 4.00 24.00 1.96 .88- 12.15 44.53 1141.9 XSECTION 5 REACH .039 2 2 .10 .0 4.00 24.00 1.96 146.20 12.213 44.53 1141.9 XSECTION 5 ADDHYD .061 2 2 .10 .0 4.00 24.00 2.19 146.51 12.18 79.89 1238.1 STRUCTURE 8 RUNOFF .005 2 2 .10 .0 4.00 24.00 1.36 .88- 11.97 7.20 1440.3 1 STRUCTURE 8 RESVOR .005 2 2 .10 .0 4.00 24.00 1.39 175.71 12.13 1.98 396.5 XSECTION 13 REACH .005 2 2 .10 .0 4.00 24.00 1.39 172.32 12.23 1.98 396.4 XSECTION 46 RUNOFF .003 2 2 .10 .0 4.00 24.00 .89 .A8- 12.05 2.06 642.3 8w06e.T STRUCTURE 46 RESVOR .003 2 2 .10 .0 4.00 24.00 .89 194.30 12.2U 1.08 336.7 V5 XSECTION 46 RUNOFF .003 2 2 .10 .0 4.00 24.00 .66 .+18- 12.04 1.25 453.5 = -s J XSECTION 46 ADDHYD .006 2 2 .10 .0 4.00 24.00 .78 189.38 12.06 2.20 369.5 XSECTION 44 RUNOFF .001 2 2 .10 .0 4.00 24.00 2.80 .88- 11.97 2.99 2474.9 �L-V XSECTION 44 AODHYD .007 2 2 .10 .0 4.00 24.00 1.13 173.89 12.00 4.99 696.9 XSECTION 44 RUNOFF .005 2 2 .10 .0 4.00 24.00 3.17 .88- 11.96 13.97 2851.1oczt( XSECTION 44 ADDHYD .012 2 2 .10 .0 4.00 24.00 1.96 182.87 11.97 18.71 1551.4 XSECTION 45 RUNOFF .001 2 2 .10 .0 4.00 24.00 2.78 .88- 11.96 2.29 2657.4 _ V XSECTION 45 REACH .001 2 2 .10 .0 4.00 24.00 2.88 180.10 12.06 2.28 2656.3 XSECTION 44 ADDHYD .013 2 2 .10 .0 4.00 24.00 2.02 183.92 11.97 20.57 1591.9 XSECTION 46 RUNOFF .004 2 2 .10 .0 4.00 24.00 .63 .9&- 11.99 2.28 600.16wofwmr a� XSECTION 46 REACH .004 2 2 .10 .0 4.00 24.00 .64 189.33 12.09 2.14 564.2 XSECTION 44 ADDHYD .017 2 2 .10 .0 4.00 24.00 1.71 184.44 11.98 21.48 1284.9 XSECTION 47 RUNOFF .000 2 2 .10 .0 4.00 24.00 3.75 .949- 11.95 1.41 3123.6 6LQouoi--57 XSECTION 44 ADDHYD .017 2 2 .10 .0 4.00 24.00 1.76 185.21 11.98 22.85 1330.9 XSECT[ON 44 RUNOFF .001 2 2 .10 .0 4.00 24.00 2.58 .98- 11.96 1.44 2529.9atoocza -a- XSECTION 44 ADOHYD .018 2 2 .10 .0 4.00 24.00 1.79 186.02 11.97 24.27 1368.4 XSECTION 44 RUNOFF .000 2 2 .10 .0 4.00 24.00 3.75 .48- 11.95 1.37 3124.0 S w0L--� ` XSECTION 44 ADDHYD .018 2 2 .10 .0 4.00 24.00 1.83 186.78 11.97 25.62 1409.2 XSECTION 44 REACH .018 2 2 .10 .0 4.00 24.00 1.86 186.78 12.07 25.62 • 1409.2 S "'OC-- XSECTION 5 RUNOFF .017 2 2 .10 .0 4.00 24.00 .67 .88- 12.07 7.31 435.2 STRUCTURE 7 ADDHYD .023 2 2 .10 .0 4.00 24.00 1.76 169.05 12.07 27.49 1186.0 - STRUCTURE 7 RUNOFF .020 2 2 .10 .0 4.00 24.00 2.42 .88- 11.96 45.45 2295.4 STRUCTURE 7 ADDHYD .043 2 2 .10 .0 4.00 24.00 2.07 188.63 11.99 66.65 1550.8 STRUCTURE 7 ADDHYD .060 2 2 .10 .0 4.00 24.00 1.67 191.72 11.99 72.84 1218,5 STRUCTURE 7 RESVOR .060 2 2 .10 .0 4.00 24.00 1.68 168.29 12.22 25.98 434.6 1 0 S QuN, XSECTION 12 ADDHYD .121 2 2 .10 .0 4.00 24.00 1.94 164.31 12.18 101.82 840.9 U TR20 XEQ NORTH BROOK LAST REVISED 08-15-89 (BLODGETT-REUISIONS) JOB 1 SUMMARY REV 05/02/83 PAGE 30 SUMMARY TABLE 1 - SELECTED RESULTS OF STANDARD AND EXECUTIVE CONTROL INSTRUCTIONS IN THE ORDER PERFORMED (A STAR(*) AFTER THE PEAK DISCHARGE TIME AND RATE (CFS) VALUES INDICATES A FLAT TOP HYDROGRAPH A QUESTION MARK(?) INDICATES A HYDROGRAPH WITH PEAK AS LAST POINT.) SECTION/ STANDARD RAIN ANTEC MAIN PRECIPITATION PEAK DISCHARGE STRUCTURE CONTROL DRAINAGE TABLE MOIST TIME ------------------------- RUNOFF -------------------------------------- IO OPERATION AREA s COND INCREM BEGIN AMOUNT DURATION AMOUNT ELEVATION TIME RATE RATE (SQ MI) (HR) (HR) (IN) (HR) (IN) (FT) (HR) (CFS) (CSM) ALTERNATE 1 STORM 1 XSECTION 8 REACH .121 2 2 .10 .0 4.00 24.00 1.94 121.05 12.28 101.82 840.9 d XSECTION 8 RUNOFF .039 2 2 .10 .0 4.00 24.00 2.73 .08- 12.22 51.65 1331.2 1 XSECTION 8 ADDHYD .160 2 2 .10 .0 4.00 24.00 2.13 121.82 12.26 152.15 951.6 y XSECTION 8 ADDHYD .167 2 2 .10 .0 4.00 24.00 2.16 122.04 12.25 166.53 996.7 STRUCTURE 2 RESUOR .167 2 2 .10 .0 4.00 24.00 2.16 124.47 12.25 166.78 998.2 fl XSECTION 9 REACH .167 2 2 .10 .0 4.00 24.00 2.16 117.36 12.35 166.78 998.2 STRUCTURE 13 RUNOFF .004 2 2 .10 .0 4.00 24.00 .49 .AA- 11.99 2.05 469.0 STRUCTURE 13 RESVOR .004 2 2 .10 .0 4.00 24.00 .50 209.10 12.20 .39 88.0 XSECTION 6 RUNOFF .011 2 2 .10 .0 4.00 24.00 1.14 .99- 12.11 7.58 722.3 XSECTION 6 ADDHYD .015 2 2 .10 .0 4.00 24.00 .95 149.28 12.11 7.97 535.7 XSECTION 6 RUNOFF .025 2 2 .10 .0 4.00 24.00 1.66 .8A- 12.11 26.53 1078.4 XSECTION 6 ADDHYD .039 2 2 .10 .0 4.00 24.00 1.39 157.20 12.11 34.50 873.8 STRUCTURE 14 RUNOFF .005 2 2 .10 .0 4.00 24.00 .45 .88- 12.09 1.16 241.0 XSECTION 6 ADDHYD .044 2 2 .10 .0 4.00 24.00 1.29 187.66 12.11 35.64 804.9 ?¢ XSECTION 6 REACH .044 2 2 .10 .0 4.00 24.00 1.29 157.66 12.21 35.64 804.9 STRUCTURE 5 RUNOFF .004 2 2 .10 .0 4.00 24.00 2.93 .88- 12.00 8.86 2272.3 STRUCTURE 5 RESUOR .004 2 2 .10 .0 4.00 24.00 2.84 169.25 12.06 7.50 1923.1 XSECTION XSECTION 7 7 RUNOFF ADDHYD .011 .015 2 2 2 2 .10 .10 .0 .0 4.00 4.00 24.00 24.00 3.33 3.20 .84- 149.51 11.98 11.99 30.19 37.26 2625.6 2419.2 STRUCTURE 4 ADOHYD .060 2 2 .10 .0 4.00 24.00 1.78 152.10 12.08 54.02 905.2 S STRUCTURE 4 RESVOR .060 2 2 .10 .0 4.00 24.00 1.79 152.10 12.09 54.43 912.1 XSECTION 7 RUNOFF .006 2 2 .10 .0 4.00 24.00 3.28 .89- 11.95 18.88 2950.7 ? XSECTION 7 AOOHYD .066 2 2 .10 .0 4.00 24.00 1.94 151.94 12.01 68.33 1034.0 i STRUCTURE 11 RUNOFF .004 2 2 .10 .0 4.00 24.00 .70 .88- 11.98 2.67 712.5 STRUCTURE 11 RUNOFF .001 2 2 .10 .0 4.00 24.00 3.10 .89- 11.95 1.72 2890.2 i STRUCTURE 11 ADDHYD .004 2 2 .10 .0 4.00 24.00 1.03 181.94 11.97 4.35 1001.5 STRUCTURE 11 RESUOR .004 2 2 .10 .0 4.00 24.00 1.06 178.35 12.12 1.48 340.0 STRUCTURE 12 RUNOFF .001 2 2 .10 .0 4.00 24.00 2.59 •88- 11.96 2.46 2525.0 STRUCTURE 12 RESUOR .001 2 2 .10 .0 4.00 24.00 4.83 176.50 .00 6.70 6871.8 XSECTION 14 ADDHYD 005 2 2 .10 .0 4.00 24.00 1.75 166.60 .00 6.70 1259.4 XSECTION 14 RUNOFF .001 2 2 .10 .0 4.00 24.00 3.03 .88- 11.95 3.39 2852.9 XSECTION 14 ADDHYD .007 2 2 .10 .0 4.00 24.00 1.98 166.60 .00 6.7U 1029.2 XSECTION 7 REACH .007 2 2 .10 .0 4.00 24.00 2.14 148.18 .12 6.95 1066.8 XSECTION 7 RUNOFF .010 2 2 .10 .0 4.00 24.00 1.27 A8- 12.21 6.01 632.8 XSECTION 7 ADDHYD .016 2 2 .10 .0 4.00 24.00 1.62 148.42 12.11 11.20 699.8 XSECTION 7 ADDHYD .082 2 2 .10 .0 4.00 24.00 1.98 152.71 12.02 77.29 941.5 •w TR20 XEO REV 05/02/83 NORTH BROOK LAST REVISED 08-15-89 (BLODGETT-REVISIONS) JOB 1 SUMMARY PAGE 31 SUMMARY TABLE 1 - SELECTED RESULTS OF STANDARD AND EXECUTIVE CONTROL INSTRUCTIONS IN THE ORDER PERFORMED (A STAR(■) AFTER THE PEAK DISCHARGE TIME AND RATE (CFS) VALUES INDICATES A FLAT TOP HYDROGRAPH A QUESTION MARK(?) INDICATES A HYDROGRAPH WITH PEAK AS LAST POINT.) SECTION/ STANDARD RAIN ANTEC MAIN PRECIPITATION PEAK DISCHARGE STRUCTURE CONTROL DRAINAGE TABLE MOIST TIME ------------------------- RUNOFF -------------------------------------- ID OPERATION AREA # COND INCREM BEGIN AMOUNT DURATION AMOUNT ELEVATION TIME RATE RATE (SO MI) (HR) (HR) (IN) (HR) (IN) (FT) (HR) (CFS) (CSM) ALTERNATE 1 STORM 1 XSECTION 7 REACH .082 2 2 .10 .0 4.00 24.00 1.87 152.71 12.12 77.29 941.5 STRUCTURE 10 RUNOFF .002 2 2 .10 .0 4.00 24.00 3.04 .88- 11.96 5.30 2759.9 _ STRUCTURE 10 RESVOR .002 2 2 .10 .0 4.00 24.00 3.07 147.11 12.05 3.44 1789.3 XSECTION 7 ADDHYD .084 2 2 .10 .0 4.00 24.00 1.90 152.99 12.12 80.57 959.1 XSECTION 7 REACH .084 2 2 .10 .0 4.00 24.00 1.90 152.99 12.22 80.57 959.0 XSECTION 9 ADDHYD .251 2 2 .10 .0 4.00 24.00 2.07 118.02 12.33 235.68 938.6 STRUCTURE 3 RESVOR .251 2 2 .10 .0 4.00 24.00 2.07 123.76 12.75 101.01 402.3 XSECTION 10 REACH .251 2 2 .10 .0 4.00 24.00 2.08 102.37 12.85 101.01 402.3 XSECTION 10 RUNOFF .059 2 2 .10 .0 4.00 24.00 1.81 .86- 12.09 74.35 1253.8 XSECTION 10 ADDHYD .310 2 2 .10 .0 4.00 24.00 2.02 103.01 12.19 151.62 488.5 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 7, 1989 Mr. Dennis Blodgett Blodgett Insurance Agency 1000 Shelburne Road South Burlington, Vermont 05403 Re: 18 Unit PRD, Holmes Road Dear Denny: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also enclosed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, 7/11/89 at 8:30 P.M. to represent your request. Sincerely, "-<:`��. -�) Joe Weith, City Planner Encls cc: Lance Llewellyn JW/mcp M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: July 11, 1989 agenda items Date July 7, 1989 3) BLODGETT PROPERTY DEVELOPMENT, HOLMES ROAD EXTENSION 1. Driveways shall have a depressed concrete curb. 2. Underground electric and telephone lines shall be outside of the Holmes Road Extension right-of-way. Plans shall be submitted showing these utility easements also the street lighting plan. 3. There should be more inlets for site drainage especially between the units instead of all street drainage across driveways and road. 4. Sidewalk's concrete shall be 5 inches thick and 8 inches at driveways. 5) ROBERTA A. KIEHL, 337 DORSET STREET 1. The 20 foot driveway will not conform to the proposed widen- ing plan for Dorset Street. The plans call for a 12 foot drive. The 20 feet will work if it is shared with the adjacent property to the north (Berteau). 2. Drainage shall be toward the westerly line and then southerly where a swale exists. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 21, 1989 Mr. Dennis Blodgett Blodgett Insurance Agency 1000 Shelburne Road South Burlington, Vermont 05403 Re: 18 unit PRD, Holmes Road Dear Denny: ZONING ADMINISTRATOR 658-7958 Enclosed are the 7/18/89 Planning Commission meeting minutes. Please meet the stipulations contained in the approval motion before submitting a Final Plat. application. Please call if you have any questions. Sincerely, � Joe Weith, City Planner 1 Encl cc: Lance Llewellyn JW/mcp M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: July 11, 1989 Agenda Items Date: July 7, 1989 3) 18 UNIT PUD. HOLMES ROAD Qennis Blodgett proposes to construct an 18 unit planned residen- tial development on a 4.4 acre parcel of land on Holmes Road east of Shelburne Road. This plan is a revision to the original Final Plat which was approved on 8/17/88. The original Final Plat was never recorded, therefore, it is null and void. The revised sketch plan was reviewed by the Planning Commission on 4/18/89 (minutes enclosed). The plan proposes 18 units in 5 buildings (4 fourplexes and one duplex). The property is zoned R-4. The property is bounded on the north and east by single-family residences, on the west by a commercial building under construction and on the south by the IDX office complex and UVM Horticultural farm. Density/Setbacks/Coverage: The maximum density allowed for the site is 17.6 units (4.4 acres x 4). Proposed building coverage is 8.5% (20% maximum allowed) and total lot coverage is 16% (40% maximum allowed) The 50 foot perimeter setback requirement is met. Access: The plan shows Holmes Road to be extended approximately 700 feet eastward to the UVM property line. It will have 32 feet of pavement, curbs and a sidewalk along the north side. A turn- around will be provided at the easternmost end for snowplows. The development will be served by a 24 foot wide private loop road off Holmes Road. No curbs or sidewalks will be provided. Since this development serves only 18 units, provides adequate access to a public street, and provides sufficient emergency access, I recommend this road be private. "No parking" signs should be installed along at least one side of the private road. Parking: The project requires 42 parking spaces. The plan shows a one space garage and one space driveway for each of the units numbered 1 through 14. Units 15 through 18 each provide a one space garage and driveways long enough to fit 2 cars. 5 guest parking spaces are shown off the private drive near units 1 through 8. A total of 45 spaces are shown. The condo rules should prohibit the conversion of garage space to living space. 1 Memorandum - Planning July 11, 1989 agenda'items July 7, 1989 Page 2 Landscaping/Buffer: The development requires $20,500 in new landscaping (this does not include street trees). The plan proposes a planted screen along the west property line consisting of White Pine, bayberry and autumn olive to screen the new com- mercial building. Foundation plantings consisting of juniper, spirea, burning bush, serviceberry, bayberry and euonymous are also proposed. The plan is valued at $13,000. The applicant estimates the value at $15,000. The applicant is requesting a $5,500 to $7,500 credit for existing vegetation. The original approval granted a $7,500 credit with the condition that trees to be preserved be tagged and approved by the City Planner. I recommend that this same arrangement be allowed. Important areas in which existing trees should be preserved include the area surrounded by Holmes Road and the private loop road and the areas between the proposed units and single-family homes. These trees should be tagged prior to Final Plat review. The original approval required a 25 foot wide undisturbed buffer strip along the northern property line. This buffer strip should still be required as well as along the eastern property line. This undisturbed strip should be addressed in the condo rules and shown on the plan. Drainage: The applicant indicated that the plan has been submitted to Heindel and Noyse, however, the analysis results have not yet been received. The results should be reviewed by the City Engineer prior to final plat review. Traffic: The project will generate 13 peak hour trip ends. The property is located in Traffic Overlay Zone 4, which allows 144 peak hour trips. The applicant will be required to contribute $462 to the Shelburne Road improvement fund. Sewer: A sewer allocation of 8100 gpd should be granted. There is sufficient capacity at the Bartlett's Bay plant to handle this demand. Recreation: A $200 per unit recreation fee will be required. Other: The property boundaries are not correctly shown on the plan. The plan should show the Holmes Road r.o.w. and indicate on the plan that it will be dedicated to the City. I suggest that the property be staked to show the proposed align- ment of Holmes Road and the private road, and the location of the buildings. This is needed, in particular, to properly assess which trees should be preserved. Also, it will give the Commission a better idea of how close buildings will be to sur- rounding homes. N 7/11/89 JW MOTION OF APPROVAL I move the South Burlington Plahrning Commission approve the Preliminary Plat application of Dennis Blodgett for construction of an 18 unit planned residential development as depicted on a 7 page set of plans entitled "Blodgett Property Development, Over- all Site Plan," prepared by Fitzpatrick -Llewellyn, Inc. and dated May, 1989 with the following stipulations: 1. A $20,500, 3 year landscaping bond shall be posted prior to permit. A $7,500 credit is granted for existing trees. The existing trees which will make up the credit must be tagged and approved by the City Planner prior to Final Plat review. 2. Stormwater drainage and runoff plans shall be evaluated by Heindel & Noyse and results of the analysis shall be reviewed by the City Engineer prior to Final Plat review. 3. Street lights shall be installed prior to the sale of units. 4. A bond in an amount to be determined by the City Engineer for the new street, sewer, water and sidewalk shall be posted prior to permit. 47.00 5. A $ per unit recreation fee shall be paid prior to permit. 6. A $462 Shelburne Road intersection fee shall be paid prior to permit based on the 13 trip ends generated by this development 7. A 25 foot buffer along the north and eastern property lines shall be left undisturbed. This buffer strip shall be shown on the Final plat and addressed in the condominium association rules. 8. A 8100 gpd sewer allocation is granted. The $2.50 per gallon fee shall be paid prior to permit. 9. The developer shall furnish and install the street signs and stop signs. 10. "No parking" signs shall be installed along one side of the private street. 11. Legal documents for the new street (Offer of Dedication and Deed) shall be submitted to the City Attorney for approval prior to permit. 1 12. Condominium association rules and covenants which address the 25 foot buffer strip and prohibit the conversion of garage space to living space (in order to preserve number of parking spaces) shall be submitted to the City Attorney for review and approval prior to permit. 13. The property shall be staked prior to Final Plat review in order to show the proposed location of Holmes Road, the private road and units. 14. The plan shall be revised prior to Final Plat toA show the car-pezct---- --- t4ie--- Gp o lc-�be dedicated to the City for Holmes Road. 15. Driveways shall have a depressed concrete curb. Sidewalks shall be concrete and shall be 8 inches thick at driveways and 5 inches thick otherwise. This shall be indicated on the plans. 16. More inlets for site drainage shall be shown. The location and number of inlets shall be approved by the City Engineer prior to Final Plat. 17. The plan shall be revised to show underground electric and telephone lines in an easement outside the Holmes Road r.o.w. 203,8. The Final Plat shall be submitted within 12 months or this approval is null and void. J si- 2 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 19 July 1989 Charles Hafter City Manager City Of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Blodgett II, Residential Housing Project Holmes Road, South Burlington FILE: e9132 Dear Mr. Hafter: On behalf of our Client, Dennis Blodgett, we are currently seeking local and Act 250 approval for the proposed construction of 1B condominium units on 5.4 acmes of land accessed by a private road off of Holmes Road in the City of South Burlington. Pursuant to Criterion 7 "Municipal Services" of Act 250, the District Environmental Commission is looking for acknowledgment that capacity exists to serve the proposed development in the municipal landfill of the City of South Burlington. We would appreciate if you would review the enclosed site plan and let us know your opinion of this situation. We appreciate your consideration. If we can be of any assistance in your review, please feel free to contact us at your earliest convenience. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED Charles Van Winkle cc: Dennis Blodgett MAM/CVW/mam Design 0 Inspection 0 Studies 0 Permitting 0 Surveying FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston 9 Vermont 0 05495 • (802) 878-3000 24 July 1989 Charles Hafter City Manager City of South Burlington 575 Dorset Street South Burlingon, Vermont 05403 RE Blodgett II, Residential Housing Pr�ct Holmes Road, South Burlington. -'" 'F'I' ,.r----88+- 2--- -- Dear Mr. Hafter: Please be advised that there was an error in our letters dated 14 and 19 July 1989. The Blodgett parcel is 4.4 acres, as shown on the Site Plan, not 5.4 acres, as stated in the letter. Please accept our apologies for any confusion this may have caused. Thank you for your consideration. Sincerely, FIT2PATRICK-LLEWELLYN INCORPORATED Moira A. Malone cc: Dennis Blodgett Design 0 Inspection 0 Studies • Permitting 0 Surveying FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 24 July 1989 Joseph Weith City Planner City of South Burlington 575 Dorset Street South Burlingon, Vermont 05403 RE: Blodgett II, Residential Housing Project Holmes Road, South Burlington FILE: 88132 Dear Mr. Weith: Please be advised that there was an error in our letter dated 19 July 1989. The Blodgett parcel is 4.4 acres, as shown on the Site Plan, not 5.4 acres, as stated in the letter. Please accept our apologies for any confusion this may have caused. Thank you for your consideration. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED Moira A. Malone cc: Dennis Blodgett Design • Inspection • Studies • Permitting • Surveying FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 19 July 1989 Joseph Weith City Planner 575 Dorset Street South Burlington, Vermont 05403 RE: Blodgett II, Residential Housing Project Holmes Road, South Burlington FILE: 88132 Dear Mr. Weith: On behalf of our Client, Dennis Blodgett, we are currently seeking Act 250 approval for the proposed construction of 18 condominium units on 5.4 acres of land accessed by a private road off Holmes Road in the City of South Burlington. Water for this Project will be suppled through the South Burlington Water Department via a connection to a 175' extension to a public water main. Sewage will be disposed of via a gravity connection to the Bartlett's Bay Road Municipal Sewage Treatment Plant. There will be a 700 foot extension of a public sanitary sewer. An Owner's Association will be formed and the road will be a private one. All Utilities will be municipal. Pursuant to Criterion 10 a) "Local and Regional Plans" of Act 250, it must be established that the proposed Project complies with the duly adopted City Plan. After having reviewed our copy of the City of South Burlington Comprehensive Plan, adopted 4 November 1985, it seems evident that this Project does indeed comply with the standards set by the City. We have enclosed a copy of the Overall Site Plan. Please review this plan; we would appreciate if you would send a letter addressing this criterion and voicing any comments you may have. If we can be of any assistance in your review, please don't hesitate to contact us at your earliest convenience. Sincerely, FITZ/PATRICK-LLEWELLYN INCORPORATED Moira A. Malone cc: Dennis Blodgett Design • Inspection • Studies • Permitting • Surveying ti FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 14 July 1999 Charles Hafter City Manager City Of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Blodgett II, Residential Housing Project Holmes Road, South Burlington FILE: 88132 Dear Mr. Hafter: On behalf of our Client, Dennis Blodgett, we are currently seeking local and Act 250 approval for the proposed construction of 18 condominium units on 5.4 acres of land accessed by a private road in the City of South Burlington. Each of the 19 units will have three bedrooms. Our calculations for the amount of sewage and water are based on 150 gallons per bedroom per unit per day, or 150 x 3 x 18 = 8,100 gallons per day; an additional 296 t, gallons need to be allocated for infiltration, bringing the total # of gallons per day to 9,396. We would appreciate if you would review the enclosed site plan and the foregoing information and let us know if this will be acceptable to the City. We also request information from you as to whether or not this proposed construction of 18 units will create an undue burden on the ability of the City to provide municipal (i.e. governmental) services to the public. We appreciate your consideration. If we can be of any assistance in your review, please feel free to contact us at your earliest convenience. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED 6" 1[104_,� Oj4 Charles Van Winkle cc: Dennis Blodgett MAM/CVW/mam Design 0 Inspection 0 Studies • Permitting 0 Surveying No Text 0 ,,e. /0' STATE OF VERMONT ENVIRONMENTAL BOARD IN RE: ) BURLINGTON PROPERTIES ) LIMITED PARTNERSHIP ) #4C0473-5A-EB ) OBJECTIONS TO PRELIMINARY RULINGS DATED JULY 17 1989 Burlington Properties Limited Partnership ("BPLP") objects to the Preliminary Order by the Board dated July 17, 1989. That Order remands the case to the District #4 Environmental Commission ("DEC") to "conduct hearings and make such investigations as it deems necessary to process this application." BPLP requests that the full Board amend the proposed order remanding this matter to the DEC to read as follows: Under Board Rule 10(d), Burlington Properties Limited Partnership's application is complete as of the April 12, 1989 "merits" hearing on the application. Accordingly, the District #4 Environmental Commission is hereby ordered to issue a decision approving or denying Burlington Properties Limited Partnership's application within 20 days of the receipt of this decision. In making its decision, the DEC shall be limited to the record developed during the April 12, 1989 merits hearing. The only criteria at issue are those identified at that hearing and the only evidence to be considered is the evidence as it stood at the conclusion of that hearing. The DEC is not authorized to request additional information on this matter or to conduct further investigation into this matter. FACTS LAW OFFICES On March 6, 1989, BPLP filed an application with the DEC THOMAS F. HEILMANN, P.C. P.O. BOX 216 BURLINGTON. VERMONT 05402 requesting an amendment to its permit which would permit LAW OFFICES THOMAS F. HEILMANN, P.C. P.O. BOX 216 BURLINGTON, VERMONT 05402 subdivision of 80 acres into four lots and installation of a road and utilities to serve one of the lots.I A prehearing conference was held on April 5, 1989. On April 12, 1989, the DEC held a merits hearing on BPLP's application. Witnesses were sworn and evidence was taken. This case was in the following posture at the close of the hearing on April 12, 1989: (1) Criteria at Issue: As a result of the hearing and Pre -Hearing Conference conducted pursuant to Rule 16(a), the only criteria at issue were 5 and 9(b); (2) The Evidence: The evidence was closed with the understanding that BPLP had the option to put on evidence on the remaining 9(b) criteria should the DEC decide there was "significant reduction;" (e) Application: The application was "complete" under Rule 10(d). Criteria 9(b) and 5 were the only criteria in issue. At the close of the evidence, the DEC said that it would decide in a "relatively short period of time" whether BPLP had met its burden on the threshold issue of no "significant reduction" of the potential of primary agricultural soils. If it found there was no significant reduction, the DEC said the only remaining issue would be the "traffic access issue" and it might then be appropriate to handle BPLP's project as a minor application. If the DEC decided there would be significant reduction, BPLP 1The "Preliminary Ruling and Remand Order" incorrectly states that "each of these lots would be used for commercial purposes." One of the lots does have a manufacturing building on it, a second may be sold to the U.S. Postal Service, but, as for the other two lots, there are no specific plans for them. -2- LAW OFFICES THOMAS F. HEILMANN, P.C. P.O. BOX 216 BURLINGTON. VERMONT 05402 would have the opportunity to make a presentation on the remaining 9(b) criteria. When the evidence closed, the DEC made no request for further information concerning BPLP's project and had given no indication that it felt BPLP's application was incomplete. Nearly a month later, on May 9, 1989, the DEC issued a seven page decision in which it "dismissed" BPLP's application as incomplete. It supported its decision by stating that it was "patently obvious" that BPLP "proposes a commercial/industrial subdivision in stages according to a plan", citing the Board's decision In Re: Bruce J. Levinsky. ARGUMENT The Board's preliminary ruling concludes, quite correctly, that the DEC did not have the authority to dismiss BPLP's application as "incomplete." (Preliminary Ruling, Page 3). But, the remedy proposed in the preliminary ruling is not consistent with this conclusion, because it, too, treats BPLP's application as "incomplete." BPLP's application was "complete" as a matter of law when the DEC convened its merits hearing on April 12, 1989. Board Rule 10(d) provides in pertinent part: ...Once a district commission convenes a hearing on the merits of the application, the application is deemed complete, and a subsequent appeal may be had only on the merits of the application, not its sufficiency. However, after citing Rule 10(d)'s provision that an application is complete once a hearing on the merits is convened, the preliminary ruling goes on to order the DEC to -3- LAW OFFICES THOMAS F. HEILMANN. P.C. P.O. BOX 215 BURLINGTON, VERMONT 05402 "conduct hearings and make such investigations and requests for information as it deems necessary to process this application." It is then to issue a decision with findings and conclusions on each of the "ten Act 250 criteria." The effect of the preliminary ruling is to punish BPLP for the DEC's mistake. BPLP presented its case at the merits hearing on April 12, 1989. By that time, the issues had been refined through the pre -hearing process to those under Criteria 9(b) and 5. At the close of the evidence, BPLP was told it could expect a decision on the merits within a "relatively short period of time." Instead, nearly a month later, BPLP received a decision which mistakenly dismissed BPLP's entire application. Now, nearly four months after the close of the evidence and upon confirmation that the DEC was mistaken, BPLP is actually farther from a decision on the merits than it was four months ago. The evidence is no longer closed. The issues are no longer narrowed and the application is not treated as "complete", notwithstanding the preliminary ruling's reference to Rule 10(d). The preliminary ruling invites the DEC to ignore all that had happened as of April 12, 1989. Under the proposed remand order, the DEC is to conduct hearings and investigations without limit to the criteria to be considered or the fact that opportunity to present evidence on these criteria has been closed. It is BPLP's position that it is entitled to an order from the full Board which requires the DEC to do what it said it -4- LAW OFFICES THOMAS F. HEILMANN. P.C. P.O. BOX 216 BURLINGTON. VERMONT 05402 would do nearly four months ago --consider the evidence and render a decision on the merits of the 9(b) issue. If the full Board permits the proposed preliminary ruling/remand order to stand, the time and expense put forth by BPLP in complying with the Board rules up until August 12, 1989 will have been wasted and the process, itself, rendered meaningless. To allow further hearings on all ten criteria ignores the fact that issues were narrowed and refined during the pre -hearing conference conducted pursuant to Rule 16. To allow expansion of the criteria and reopening of evidence undercuts the goal of the procedures of Rule 21 which are "intended to minimize costs and inconvenience to applicants." Applicant requests that the full board give credence to Rule 10 and the process established through other Rules by requiring the DEC to render the decision on the record as it stood at the close of the evidence. If the process established through the Board Rules is to have any meaning, there has to be a point at which the the DEC is no longer permitted to ask for additional information and conduct further investigation. That point is certainly reached where, as here, the hearing has concluded and the evidence is closed. Dated at'Burlington, Vermont, this,��= day of July, 1989. Robert V. Simpson, Jr., Esquire -5- STATE OF VERMONT ENVIRONMENTAL BOARD IN RE: ) BURLINGTON PROPERTIES ) LIMITED PARTNERSHIP ) #4C0473-5A-EB ) CERTIFICATE OF SERVICE I hereby,certify that I, Robert V. Simpson, Esquire, sent a copy of the Objections to Preliminary Ruling, dated July 26, 1989 by hand delivery to: Aaron Adler Assistant Executive Officer State of Vermont Environmental Board East State Street Montpelier, VT 05602 and by U.S. Mail, postage prepaid, on this 26th day of July, 1989 to the following: Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, VT 05453 South Burlington Board of Selectmen and Planning Commission c/o Margaret Picard 575 Dorset Street So. Burlington, VT 05403 Mark Sinclair, Esquire Representative, State Agencies Agency of Natural Resources 103 South Main Street - 2 Center Waterbury, VT 05676 FOR INFORMATION ONLY: M/M Landrum c/o Philip Drumheller 172 Harbor Road Shelburne, VT 05482 LAW OFFICES Landrum/Lane Press THOMAS F. HEILMANN. P.C. c/o James Cof frin, Esquire P.O. BOX 216 253 South Union Street BURLINGTON. VERMONT Burlington, VT 05401 05402 Dana H. Farley, District Coordinator State of Vermont Environmental Board Environmental Commission, District #4 111 West Street Essex Jct., VT 05452 Dated at Burlington, Vermont, this;; (�, day of July, Robert V. Simpson,/`Jr., 4s'quire LAW OFFICES THOMAS F. HEILMANN, P.C. P.O. BOX 216 BURLINGTON. VERMONT 05402 Fle- LAW OFFICES THOMAs F. HEILMANN & ASSOCIATES, INC. THE GIDEON KING HOUSE 35 KING STREET P. O. BOX 216 BURLINGTON. VERMONT 05402-0216 THOMAS F. HEILMANN TELEPHONE (802) 864-4555 FAX M (802) 864-4659 CHRISTOPHER D. EKMAN IANICE A. FOKGAYS ROBERT V. SIMPSON. IR. MARY 1. SIGLER July 19, 1989 Mr. Aaron Adler Assistant Executive Officer VERMONT ENVIRONMENTAL BOARD 58 East State Street Montpelier, VT 05602_ ____._._.___ RE: Burlington Properties Limited Partnership \� Application #4CO473-5A-EB Dear Aaron: On behalf of Burlington Properties Limited Partnership, we hereby object to the preliminary ruling in this matter dated July 17, 1989 and request an oral argument. We understand at this point that the oral argument will take place on August 2, 1989. We intend to submit written comments by July 26, 1989. Very truly yours, Robert V. Simpson, Jr. RVS/aby HEI2.PPP.52 cc South Burlington Board of Selectmen South Burlington Planning Commission Chittenden County Regional Planning Commission Mark Sinclair, Esq. (State Agency of Natural Resources) M/M Landrum James W. Coffrin, Esq. (Landrum/Lane Press) Dana Farley (District #4 Environmental Commission) DATE: TO: FROM: RE: STATE OF VERMONT ENVIRONMENTAL. BOARD MONTPELIER, VERMONT 05602 802-828-3309 July 17, 1989 Parties Aaron Adler A DA Assistant Executive Officer Burlington Properties Limited Partnership Application #4C0473-5A-EB rr� I am enclosing a preliminary ruling in the above matter issued by Chairman Leonard U. Wilson. The Chairman has concluded that the May 9, 1989 decision in this matter by the District #4 Environmental Commission was procedurally incorrect and that therefore the matter must be remanded to the District Commission for proper processing of the application and an appropriately issued decision. The Board will consider whether to uphold or overrule the ruling at a regular meeting scheduled for August 2, 1989. Any person wishing to request oral argument before the Board should so request orally or in writing to the Board on or before Friday, July 21, 1989. If oral argument is requested, it likely will be scheduled for August 2. Further, regardless of whether oral argument is requested, parties may submit written comments on the ruling on or before Wednesday, July 26, 1989. ADA/vl M 4C0473-5A-EB (21) VERMONT ENVIRONMENTAL BOARD 10 V.S.A. CHAPTER 151 RE: Burlington Properties Limited Partnership by Robert V. Simpson, Jr., Esq. Thomas F. Heilmann & Associates, Inc. P.O. Box 216 Burlington, VT 05402-0216 Chairman's Preliminary Ruling & Remand Order, Application #4C0473-5A-EB This decision pertains to an appeal filed by the Applicant in the above matter. Pursuant to Environmental Board Rule 16, this decision is a Chairman's preliminary ruling that the decision appealed from was procedurally incorrect and that the appeal must therefore be remanded. BACKGROUND On May 19, 1989, the Applicant filed an appeal of a deci- sion issued on May 9, 1989, by the District #4 Environmental Commission. The District Commission's decision relates to the Applicant's request for approval to subdivide 80 acres into 4 lots, located off of Route 116 in South Burlington, Vermont. Each of these lots would be used for commercial purposes. The District Commission's decision is entitled "Pre- liminary Hearing Report and Order." It concludes by dismissing the application as incomplete, based on a determination that the Applicant proposes to create a commercial/industrial subdivision in stages according to a plan, and that more information is needed than was provided by the Applicant. The decision states that a hearing was held on April 5, 1989. The Applicant's appeal of the decision asks the Board to vacate the decision and grant a permit to the nNNli�aiiL ba5eu on the information provided. Chairman Leonard U. Wilson convened a prehearing con- ference in this matter in South Burlington on June 14, 1989. Attending the prehearing were the Applicant by Robert Simpson, Esq. and Landrum/Lane Press by James Coffrin, Esq. At the prehearing, the Chairman indicated that this appeal was irregular because of the nature of the District Commission's decision, and that it would be necessary following the prehearing'to evaluate further how to proceed. This decision results from that evaluation. DISCUSSION 10 V.S.A. Chapter 151 (Act 250) grants the Environmental Board and District Commissions authority to administer the Act. 10 V.S.A §§ 6025-6027. Applications for Act 250 permits Burlington Pr �rties Ltd. Partnership Chairman's Preiiminary Ruling and Remand Order Application #4C0473-5A-EB Page 2 are made to the district commissions. 10 V.S.A. § 6083. Appeals of District Commission decisions are made to the Board. 10 V.S.A. § 6089. The Board and district commissions are given authority to conduct such investigations, examinations, tests, and site evaluations as they deem necessary to verify information contained in an application. 10 V.S.A. § 6083(b). Before granting a permit, the Board or district commis- sions must make positive findings that a proposed project meets ten environmental criteria. 10 V.S.A. § 6086(a). Act 250 prohibits the Board and district commissions from denying applications for lack of compliance with certain criteria and only allows the imposition of conditions and requirements to alleviate problems created. 10 V.S.A. §§ 6086(c); 6087(b). However, permit applications may be denied with respect to most of the ten criteria. In addition, with regard to many of the criteria, the burden of proof is on the applicant. 10 V.S.A. § 6088(a). For criteria on which the burden of proof is not on the Applicant, it is still the Applicant's burden to provide sufficient facts on which a positive finding can be made. Re: Pratt's Propane, Application #3R0486-EB, Memorandum of Decision at 5 (January 27, 1987). Pursuant to authority granted in 10 V.S.A. § 6025(a), the Board has adopted rules. Rule 10(D) addresses completeness of applications and states, in relevant part: Once a district commission convenes a hearing on the merits of an application, the application is deemed to be complete, and a subsequent appeal may be had only on the merits of the application, not on its sufficiency. Rule 13(B) provides that the Board and district commis- sions can recess hearings if additional information is needed. Further, Rule 20 allows the Board and district commissions to require submission of additional data and to conduct inves- tigations. In addition, Rule 30(A) specifies that, on adjournment of hearings, the Board and district commissions are to issue decisions on permit applications: The board or district commission shall, within 20 days of the day of adjournment of the hearing on an application, issue a decision approving, conditionally approving, or denying the application. The decision shall contain findings of fact and conclusions of law speci- fying the reasons for the decisions reached on all issues for which sufficient evidence was offered. Burlington Pr �rties Ltd. Partnership I Chairman's Preliminary Ruling and Remand Order Application #4C0473-5A-EB Page 3 In Re: Killington, Ltd., Application #lR0584-EB, Memo- randum of Decision at 6 (August 8, 1986), the Board stated in relevant part: The issue which the Commission was essentially deciding in its April 3 and May 5 orders was the scope of the project; that is, whether the four -acre snowmaking pond was the first step in a larger plan to develop the area known as "Parker's Gore East." A decision on the scope of a project goes to the merits of the appli- cation rather than to the question of whether it is complete. That decision must be made based upon factual information which, unless stipulated to by the parties, has been elicited by sworn testimony and subjected to cross-examination. . . . The Commission may subsequently decide that it needs information about Killington's projected use of lands adjoining the four -acre site in order to make an adequate evaluation of the application. If so, Rule 20(A) clearly autho- rizes the Commission to require an applicant to submit the relevant supplementary data. That case concerned a district commission which had issued a "Prehearing Order to Complete Application" and determined not to go forward with hearings on the merits until further information was submitted. The Board decided that the district commission's decision not to hold hearings was procedurally incorrect and remanded the matter to the district commission with instructions to hold a hearing on the merits of the application. Id. at 2, 3, 6 and 9. Based on these authorities and Board decisions, the Chairman concludes that the District Commission's dismissal of this application was procedurally incorrect. There is no authority for a district commission to dismiss an application as incomplete. As the Act and Rules indicate, applications are to be made to the district commissions and the district commissions are to approve, approve with conditions, or deny the applications. Applications may be rejected as incomplete by district coordinators, but once a hearing on the merits is convened, the application is deemed complete and dismissal cannot be made on the basis of completeness. In this case, it appears that the District Commission did hold a hearing on the merits of the application on April 5. Burlington Pr Prties Ltd. Partnership Chairman's Pre.Liminary Ruling and Remand Order Application #4C0473-5A-EB Page 4 This ruling does not preclude the District Commission from seeking the information it desires regarding the alleged plans of the Applicant. As set forth above, 10 V.S.A. § 6083(b) and Board Rules 13(B) and 20 provide the District Commission with sufficient mechanisms to gain such infor- mation. Under these authorities, the District Commission can, on its own motion, recess hearings pending submission of requested information and conduct its own independent investi- gation. If the Applicant refuses to honor information requests and has failed to provide enough information to meet its burden of proof on a criterion pursuant to which denial is permitted, the District Commission can deny the application. Such a decision must be in the form of findings of fact and conclusions of law on the ten Act 250 criteria. Accordingly, the Chairman determines to remand the matter to the District Commission. The District Commission will be instructed to conduct such further hearings and investigations as it deems necessary to process this application. The District Commission will then issue a decision on the merits of the application, which approves, approves with conditions, or denies the application. Burlington Pi prties Ltd. Partnership Chairman's Preiiminary Ruling and Remand Order Application #4C0473-5A-EB Page 5 ORDER The appeal of Application #4C0473-5A-EB is remanded to the District #4 Environmental Commission. The District Commission shall conduct hearings and make such investigations and requests for information as it deems necessary to process this application. On completion of review, the District Commission shall issue a decision on the application which approves, approves with conditions, or denies it. The decision shall contain findings of fact and conclusions of law with respect to the ten Act 250 criteria. Dated at Montpelier, Vermont this 17th day of July, 1989. ENVIRONMENTAL BOARD f Leonard U. Wilson, Chairman PR 4C0473-5A-EB (21) CERTIFICATE OF SERVI ) I hereby certify that I, Aaron Adler, Assistant Executive Officer, Environmental Board, sent a copy of the foregoing Memorandum and Chairman's Preliminary Ruling & Remand Order to Parties by U.S. Mail, postage prepaid, on this 17th day of July, 1989, to the following: Burlington Properties Limited Partnership by Robert V. Simpson, Jr., Esq. Thomas F. Heilmann and Associates, Inc. P.O. Box 216 Burlington, VT 05402-0216 South Burlington Board of Selectmen and Planning Commission c/o Margaret Picard, City Clerk 575 Dorset St. South Burlington, VT 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Jct., VT 05453 Mark Sinclair, Esq. Representative, State Agencies Agency of Natural Resources 103 S. Main St. - 2 Center Waterbury, VT 05676 FOR INFORMATION ONLY: M/M Landrum c/o Philip M. Drumheller 172 Harbor Rd. Shelburne, VT 05482 Landrum/Lane Press by James W. Coffrin, Esq. Pierson, Affolter & Wadhams 253 South Union Street Burlington, VT 05401 Louis Borie, Coordinator District #4 Environmental Commission 111 West St. Essex Jct., VT 05452 Dated at Montpelier, Vermont this 17th day of July, 1989. By A6W � 6_ Aa on Ad1dff As istant Executive Officer Environmental Board cs 4C0473-5A-EB (CS2) ❑ Districts #1 & #8 RR#2,Box 2161 Pittsford, VT 05763 (802) 483-6022 ❑ Districts #2 & #3 RR #l, Box 33 N. Springfield, VT 05150 (802) 886-2215 Or Districts #4, #6 & #9 7 111 West Street Essex Junction, VT 05452 (802) 879-6563 M E M O R A N D U M STATE OF VERMONT Environmental Board District Environmental Commission TO: ALL PARTIES FROM: Louis Borie, .�e7 DATE: August 3,)1989 District #4 Coordinator ❑ District #5 324 North Main Street Barre, VT 05641 (802) 479-3621 ❑ District #7 180 Portland Street St. Johnsbury, VT 05819 (902) 748-8787 ❑ Environmental Board Office c/o State Office Building Montpelier, VT 05602 (802) 828-3309 RE: #4C0154-5, Extention of the Construction Completion Date, South Burlington Realty/Meadowbrook Condominiums, South Burlington In its decision dated May 4, 1989, the Environmental Board voided the above -referenced land use permit amendment and remanded the matter to the District Commission for a hearing on whether the Meadowbrook Condominium Association or the individual condominium owners should be made co -applicants) to the application for extention of the construction completion date. The District Commission will hold a hearing on this matter on Tuesday, September 19, 1989 at 5:30 PM at the office of the Chittenden County Regional Planning Commission, 66 Pearl St., Essex Junction, Vermont. The District Commission intends to address two issues at the hearing: 1) Whether the Meadowbrook Condominium Association or the individual condominium owners should be co -applicants to the application for extension of construction completion date, and 2) Whether any changes have occurred in the project which the District Commission should review as part of the request to extend the contruction completion date. All persons seeking party status in this matter should be present at the September 19 hearing. In addition, all persons seeking to participate must submit to the District Commission by September 5, 1989 a memo identifying the #4C0154-5 South Burlington Realty Page 2 issues they intend to address at the hearing and any witnesses they intend to present. If anyone has questions about this hearing, please don't hesitate to contact me. 154-5.mem CITY OF SOUP11 11UIaAW;lUN Subdivision Application - FIN1U, 1'MV 1) Nan►e of Applicant Dennis Blodgett 2) Nanle of Sulxiivision Blodgett Property Development 3) Indicate any changes to name, uddccss, or phone nullJx:r of owner of recx,rd, applicant, contact person, engineer, surveyor,• attorney or plat designer since preliminary plat applicaLion.. None. 4) Indicate any changes to the suW ivlsion, such as number of lots or units, property lines, applicanL-'s legal interest in the property, or (Jove lul)1IlcnLai. Linx:Lable, since preliminary plat- applicaLion: There has been the addition of storm - drains, the waterline has been extended to the south side of Holmes Road, the boundary line has been darkened, the project boundary has been revised to clearly show the portion of land to be deeded- to the City for Holmes Rd., more drainage facilities have been added, 5) Subiiit Lour copies of a final set of LA [Is I,-UIIsl tI"Y of a final Plat- hlu:; engineering drawin(a s and containing all inforiiiation requir0d urxler section 20::.1 of the sulxl.Lvision r0gLIlclti0ns for a minor sulxJ.ivision and under Su('Licnl 204.1(a) for a major sulAivisiun. G) Submit two draft- copies of' all legal doc:unx2nl3 reyui► (Al under -section 202.1 (11) and (12) of the subdiv.isicm LCgulaLiuns for a I11il-10c' sulxaivision :Intl under section 204.1(1)) for a nrljor Sul)(Livision. ** easements have been added, correct parking has been indicated, a 25' buffer has been added, a road underdrain has been added, and there will be no parking signs. (Signature) applicant" or contact lx i:son Da to TELEPHONE MEMO Name: Date: Contact: Subject es 4 Signature Z PLANNING COMMISSION 23 FEBRUARY 1988 PAGE 3 5. Sewer main must be 8" and manhole of 2 + 10 extended to fall within the driveway for quick access. This manhole should have a stub so that the main can be extended. The main must be bedded in crushed stone. 6. Plan should show water service. Water main should be ex- tended across entire frontage or coordinate with the adjacent owner for its extension. Water Department should also review the water service. 7. Plan should show"method of draining the site. 8. The west 2 parking spaces shall be removed to allow for fire vehicle access. 9. The building permit shall be obtained within 6 months or this approval is null and void. Ms. Peacock seconded. Motion passed unanimously. 3. Sketch plan application of Dennis Blodgett and Gerald Milot fore u•d• of 18 townhouse units on 4.5 acres in conjunction with approved 30,000 sq• ft mixed office/retail building, 1342 Shelburne Road. Mr. Llewellyn said they will extend Holmes Rd. to a point where it would serve a cul de sac for the townhouses. Mr. Jacob raised the question of whether Holmes Rd. Ext. should serve the development instead of the cul de sac. Ms. Hurd said in function, this is a driveway. Mr. Jacob said the City says on the one hand it wants Holmes Rd. Ext. and on the other hand it doesn't want to foul up neighborhoods. Mr. Blodgett said he is submitting this plan with great reluc- tance as the Council turned down the zone change request. Mr. Jacob said he would like to maintain a right of way from the end of the cul de sac to Holmes Rd. Ext., just in case. Regarding parking, Mr. Llewellyn said they request elimination of 6 guest parking spaces and in exchange will make the road 30 ft. all around the cul de sac to allow parking closer to buildings. Mrs. Lafleur said the Fire Chief wants the 30 ft. around the cul de sac. He does not feel the garage should count as a parking space as people fill up garages with junk and don't park there. Mr. Burgess said he would rather encourage 2-car garages and forget about the 30 feet. Ms. Peacock and Ms. Hurd agreed. Mr. Burgess said he would reserve judgment on removing the 6 guest spaces. Mrs. Lafleur said they still need a landscaping plan and the PLANNING COMMISSION 23 FEBRUARY 1988 PAGE 4 Water Dept. has to review the plans. There is still sewer capacity if they plan is submitted quickly. The Fire Chief wants 2 fire hydrants. An erosion study will be needed from Heindel & Noyse. Mr. Llewellyn questioned the possibility of a 50 ft. right of way instead of 60 ft. They would like to put in a pond, and 60 ft. won't allow for it. Members agreed they should move the houses back 5 feet and keep the 60 ft. right of way. 4. Consider requests for 6 month extensions to site plan approval for the following: a) addition to 3060 Williston Rd. b) quarry operation on Green Acres, Hinesburg Rd. c) F.H. Adams, Burlington International Airport, 1200 Airport Drive. Mrs. Lafleur noted the quarry problem is due to Act 250 holdups. This would be their second extension. Mrs. Hurd moved to approve a six month extension to the site plan approval of a 5000 sq_ ft. addition to the building at 3060 Williston Road as approved August 11, 1987. All stip- ulations in that approval remain in effect. The building permit shall be obtained within 6 months of February 11, 1988 or this approval is null and void. Mr. Burgess seconded. Motion passed unanimously. Mrs. Hurd moved that the Planning Commission approve a 6 months extension to the site plan approval of Ralph Goodrich for operation of a quarry at Green Acres on Hinesburg Rd. as approved August 11, 1987. All stipulations in that approval remain in effect. The permit shall be obtained within 6 months of February —1, 1988 or this approval is null and void. Mr. Burgess seconded. Motion passed unanimously. Mrs. Hurd moved that the Planning Commission approve a six months extension to the site plan approval of F.H. Adams for construction of a 9000 sq• ft. building at the Burlington International Airport for Federal Express as approved August 11, 1987. All stiuplations in that approval remain in effect. The permit shall be obtained within 6 months of February 11, 1988 or this approval is null and void. Mr. Burgess seconded. Motion passed unanimously. Other Business Mr. Burgess expressed concern with businesses that expand. He felt that the Commission should take care at approvals so PLANNING COMMISSION 18 APRIL 1989 PAGE 5 Water District prior to permit. 4. A sewer allocation of 800 gpd is granted. The applicant shall pay the $2.50 gpd fee prior to permit. 3. The applicant shall contribute $154 to the Shelburne Road Intersection Improvement Fund based on the-6 additional peak hour trips to be generated by the addition. 6. The applicant shall submit a revised plan addressing stip_ ulations 1 and 2 to the City Planner and City Engineer for approval prior to recording of the Final Plat. 7. The Final Plat must be recorded within 90 days or this approval is null and void. Mrs. Maher seconded. Motion passed unanimously. 5. Sketch plan application of Dennis Blodgett for construc- tion of an 18 unit Planned Residential Development on a 4.5 acre parcel, Holmes Road Extension Ms. Pugh noted the applicant's request that preliminary and final plat be held at the same hearing and questioned whether this is standard procedure. Mr. Weith said the applicant would have to have everything in order. Ms. Pugh noted that last time the applicant did not have things done for Final Plat that had been requested at the Preliminary. Mr. Llewellyn presented the sketch. He noted that after the first approval, Mr. Blodgett looked into commercial use and thus never filed the Final Plat. He is now looking at res- idential use. The plan is for 18 units in 3 buildings. Holmes Rd. Extension would be extended to the end of the frontage. Instead of a cul de sac, they would have a larger loop. Sewer and water would also be extended. A 50 ft. setback would be maintained in the rear and on the west. They would also try for 50 ft. on the south. They are asking that the loop road be 24 ft. paved without curbs and sidewalk and that it be considered a private drive. There would be a sidewalk provided on Holmes Rd. Mr. Craig felt this could be considered a driveway. Mr. Burgess and Ms. Peacock were un- comfortable with this as was Mr. Belter, all of whom felt there has to be a uniform standard applied to all applicants. Mrs. Maher felt the problems the city has had involve single family homes, not condos and she had no problem with this. Ms. Peacock said she didn't feel it was a foregone conclusion it would never happen with condos. Mrs. Maher said she would accept 24 ft. if the compositon is to city standard. Ms. Peacock said she would agree to that. Mr. Burgess said he PLANNING COMMISSION 18 APRIL 1989 PAGE 6 would agree with adequate parking. Mr. Jacob noted that Mr. Szymanski had okayed a private drive. Mr. Burgess said the Commission has to be consistent. A polling of members re- vealed 4 who wanted a public street and 3 who would accept a private drive. Members wanted to get an opinion from the City Engineer and Street Superintendent as to whether there can be a city street of 24 ft. with no curbs or sidewalks. 6. Discussion with Cris Cavin regarding bicycle paths in South Burlington Ms. Cavin said her group had met with the City Council who feel that a task force should be put together comprised of their group, the Recreation and Natural Resources people, and that they should make a full presentation to the Council. Ms. Cavin said their reasons for wanting such a path are: the separation of neighborhoods in the city, the danger of bikers, joggers, and walkers using city streets, and the build-up of open land in the city. Their goals are to see safe rights of way, public access to open lands, and connection of those open lands. Jill Coffrin said they received 200 responses to a survey and have met with Recreation and Natural Resources people. They also contacted Regional Planning and other communities that have bike paths. She said they support the city's trail system but feel there should be a paved path so there is access to the new city park other than by car. Ms. Cavin showed a map of the proposed path which would connect to Burlington's bike path. Mr. Hubbard noted the path follows the greenways path, and it would be best to keep that separate from the unpaved pedestrian trails. Mr. Belter asked how Burlington funded their path. Ms. Coffrin said some was by bonding, some from grants and other sources. Mrs. Maher asked about liability insurance. Ms. Cavin said Stowe does carry liability coverage. Laurie Parker said the group envisions a staggered program but realizes how important it is to get easements as soon as possible. Once the land is lost, it is very difficult to get right-of-way. Mr. Hubbard noted that Natural Resources does support this plan. 7. Continued postponed Site Plan application of Cooley -wood Corporation for construction of a 22,500 sq. ft. building for speculative industrial/warehouse use, lots 28 and 29', Ethan Allen Industrial Park INCORPORATED Engineering and Planning Services One Wentworth Drive * Williston w Vermont w 05485 0 (802)878-3000 B SH Shademaster Honeylocust 2.5 cal/BB 2,8B0.oO 11 SB Service Berry 5" ht/BB 1,606.00 4 WP@B` White Pine B` ht/BB 1,212.00 10 WP@6" White Pine 6' ht/BB 2,140.00 11 AA Autumn Olive 3` ht/BB 550.00 9 AWS Anthony Waterer Spirea 1B" 315.00 14 Be Burning Bush 24" ht/BB 574.00 15 CPB Crimson Pygmy Barberry 12^ 480.0O 27 DN Dwarf Ninebark 3` ht/BB 1,350.00 20 EGE Emerald Gaiety Euonymus 12" 620'(}0 10 LPS Little Princess Spirea 18" 350.00 10 PWE Purple Lef Wintercreeper Euonymus 12" 310.00 18 RB Red Barberry 3, ht/BB 900'00 37 WE Wintercreeper Euonymus 12" 1,147.00 14 SGJ Sea Green Juniper 15" spr. 560.00 $14,994.00 Cost Estimate for Blodgett Property, South Burlington, Vermont Susie Gray, Landscape Architect 42 Grant Street, Burlington, Vermont 862-2552 Design e Inspection 0 Studiess, Permitting 0 Surveying t I C ' r J�IvTe j/SZ ✓, Ge % rry3 Ns PC 1 �'Gt'�ton %cdewe4�- J 04 A10 ( I? LIP? 5 731, L 5 o / 02. 5'a /fig, )lr© qqj. , r,�( 10v ----- ----- r. n CALCULATED INTERSECTION SITE 61 UTILITIES PLAN =- � 88132 ���n n �n^n ILlla ILIS V W L .MAY/9B9 uux ,� _ _ WEM INCORPORATED uuuo x6iii INOINIINI NO AND ►I/NNINO ll NVlt[l WILLISTON VERMONT xul 2 7 Memorandum - Planning April 18, 1989 agend items April 14, 1989 Page 3 Section 411: Under this section, the Planning Commission may require dedication of land "up to a maximum of 15% of the area of any plat" for recreational purposes. This would result in a dedication of 1 acre for this plat (does not include land for road r.o.w.) This dedicated land could be used for an overlook park. Section 505: This section requires subdivisions to "conform to the Comprehensive Plan." Dedication of land for an overlook park would promote the Comprehensive Plans's recommendation for the City to "incorporate scenic turnouts" and provide "Scenic lookouts on the summit of ridges and hills." Section 412: This section requires the "preservation of site amenities which the Commission feels are an asset to the site and/or community. It further says that this preservation "shall be effected insofar as possible through harmonious design and appropriate construction methods." It could be argued that limiting placement and size of buildings is an appropriate design method to preserve the view. Other.: At the 3/21/89 meeting, I indicated that there was a 45 day time limit from the date the Commission first hears the application in which the Commission must make a decision. This was incorrect. The 45 day time limit starts when the Public hearing is closed._ This hearing was postponed and, therefore, has not yet been officially closed. I am meeting again with STeve Stitzel to further discuss this application on Monday. 4) 18 UNIT PRD, HOLMES ROAD EXTENSION g Dennis Blodgett proposes to construct an _128' unit planned residential development on a 4.5 acre parcel of land on Holmes Road Extension east of Shelburne Road. This plan is a revision to the original Final Plat which was approved on 8/17/88 (minutes enclosed.) The original Final Plat was never recorded, therefore, it is null and void. Technically, Mr. Blodgett must. go through the entire approval process again. The applicant has requested that the Preliminary and Final plat hearing be held on the same day. Incidentally, the applicant has decided to pursue a residential development instead of pursuing a zone change and office development on the property. 3 ` Memorandum - Planning April 18, 1989 agenda items April 14, 1989 Page 4 The plan proposes 18 units in 3 buildings. The original plan proposed 18 units in 5 buildings. The property is zoned R-4. The property is bounded on the north and east by single-family residences, on the west by a commercial building under construction and on the south by the IDX office development. Access: The original plan showed Holmes Road extension built to the west property line and then a 30 foot wide paved street with cul-de-sac coming off Road Extension to serve the 18 units. The new plan shows Holmes Road Extension constructed 365 feet further to the east (32 feet of pavement) to the Green Mountain Drive r.o.w. The 18 units are served by a 24 foot wide private drive loop off of the Holmes Road Extension. I feel this loop drive is a much more efficient use of the land then the 30 foot wide street with cul-de-sac. The new plan results in approximately 8,340 square feet less of pavement. Buffer: Because the 24 foot wide loop drive requires less space than a 30 foot wide street with cul-de-sac, the units can be moved further away from the adjoining residential properties, thereby, creating more of a buffer. The original plan showed the units 50 feet from the east property line. The new plan shows the units 140 feet from the east property line. Parking: The project requires 42 parking spaces. The originally approved plan showed 56 parking spaces (including garages and driveway spaces).The new plan shows a one space garage and one space driveway for each unit and 6 guest parking spaces off the private drive (42 spaces total). This plan should include condo rules which prohibit conversion of garage space to living space. Also, I feel the 24 foot wide drive is wide enough to allow parking on one side and still provide for efficient circulation for an 18 unit development. Density/Setbacks/Coverage: DEnsity requirements are met. I will provide coverage calculations at the meeting. For the most part, the 50 foot perimeter setback requirement is met, however, unit 41 and unit #18 extend into the 50 foot setback. 12 units in the original approved plan violate the 50 foot perimeter setback requirement. Landscaping: A landscaping plan based on the value to construct the buildings will be required for Preliminary Plat. Should street trees be required for the Holmes Road Extension? They were not required in the original plan. Storm Water Run-off Control: Heindel and Noyse should review this plan and adjust their original analysis if need be prior to preliminary plat. 4 Memorandum - Planning April 18, 1989 agenda items April 14, 1989 Page 5 Traffic: The project will generate 13 peak hour trip ends to a signalized intersection. Other: I feel this plan is an improvement over the original plan for the following reasons: 1) a longer stretch of Holmes Road will be e built, 2) the 24 foot loop drive results in a more efficient use of the land by reducing pavement and the amount of needed space, and 3) a greater buffer is provided between the development and adjacent single-family residences. 5) MAPLE LEAF MOTEL, SHELBURNE ROAD Mr. Richard Lucia proposes to construct a 1,728 square foot, two-story addition (864 square foot building footprint), housing 4 new motel rooms, to the existing rear building of the Maple Leaf Motel. The property is located in Traffic Overlay Zone 1 and is zoned C-1. There were several unresolved issues expressed at the 3/14/89 Sketch Plan review (minutes enclosed). These are discussed below: Exiting Traffic: The Commission asked the applicant to look into requiring all exiting traffic to exit via the r.o.w. and Queen City Park Road. The applicant has indicated that they still propose to allow exiting southbound traffic to exit directly onto Shelburne Road. The radius of the exit lane has been slightly increased. The plan should indicate the type and height of curbing (i.e. concrete) to separate the in and out lanes. Landscaping: The project requires $2,1000 worth of new landscap- ing. The plan proposes yew, juniper, potentilla, and Norway Maple. All the Norway Maple are shown on the back of the proper- ty. I suggest that these be planted along the north property line in order to break up the motel and Gulf station, which now appear to be very close together and cramped. Sidewalk: The plan does not show a sidewalk. I do not recall what the decision was regarding the sidewalk issue. 6) DISCUSSION ON BICYCLE PATHS Chris Cavin will be present at Tuesday's meeting to discuss a preliminary plan for bicycle paths in South Burlington (see en- closed outline and map). 5 fV, > > M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: August 17, 1988 agenda items Date: August 12, 1988 4) MUDDY BROOK, INDUSTRIAL PARK, PALMER CIRCLE 1. I have reviewed the site plan for the above referenced project and find it acceptable. 5) GREEN TREE PARK, LOT #6 1. Green Tree Park development is 90% complete and very well. done. The street should be named. 2. The existing depressed curb cut shall be used. Plan shows it removed. 3. Work plans have been reviewed and are acceptable. The final plan shall be submitted. 6) BLODGETT PROPERTY, HOLMES ROAD EXTENSION 1. Plan should have station numbers so that profiles can be easily related. 2. Power and telephone easements (outside of the street r.o.w.) shall be shown on the plans. 3. Sidewalk shall be extended across the driveway where it ends. 4. Street lights shall be in place and working before the units are occupied not after. 1 E M E M O H A N 1) U M To: South Burlington L'lanning Commission From: William J. Szymanski, City Manager' Re: May 10, 1988 agenda items Date: May 6, 1988 l) _B DGE'I"I' PROPER'I'1' DI:VFI,0I'MENT, HES I DENT I AL PORT LON Cul-de-sac shall have no parking around the outside curb where all driveways are planned or the pavement. width increased to 30 feet. 2•1 There should be provisions to loop water main when No1mos -Road is extended. Developer shall furnish and install. the street signs and stop sign. -'. Power and telephone cable shall be in an easement outside the street r.o.w. 5. A street. lighting plan shall. be submitted for review ar)d street lights installed prior to sale of units. 4 LAKEWOOD DEVELOPMENT, SHELBUHNE ROAD 1. Building "B" addition is shown on top of a sewer main servin.t; 3 buildings, this is not acc:ept.able, no build-ing shall he on tt+t) of utilities especially water and sewer lines.• 2 . Developer did not. -i ns t.z l 1 s i dowa l k as shown on the p l a+n , did not. provide handicapped ramps. 7) STORAGE WAREHOUSE AOI) I T I ON, I3EUARI) l)P I V1•; 1. Plan dated November 12, 1983 prepared h\ ?like Dt►,ga+tt Ir; ac,c,ept.ahle. 1'Ir()1'I:I;'I'1 I I'1'•\II./t)I 1 I('I; ('c�^ll'I.I:\, ti111 l.ltl'h\1: I;t)\Ir 1. Tho ti idet";t 1 It a I ltnF„ Hrt I n)r 1 „atl 1:s t t ►)ti i ttn it t I ,t crxt end acr•t-tss t.hc, dr•i vowa, and stop t:hr•rt• r•taarl t ttltti. I'1) i s t, I I I a+ 1 I rlt.: t hr• i drt:a 1 Ic t tt h� t tt ndt•t1 ill 1 ht 1 tat urt t, i t It, tl t tI i >. t tarl� . ti�� t its .i t• i � �•t.;t •. i'h) -, �; i �1�•t-:n I I. ;h:t I I Its• t t)n I I ,�I n _� i t� t t ii di -I 1111i'. „►' lit'(';tk.,. _ . 'I ll.. , _111­1) 1,1 h, ;t ti 1 1.•t:;t I It ;+ I mlc,, ';lip• !I'll k',,;t,1 . .1 `.l�'l.11. , M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: February 23, 1988 agenda items Date: February 19, 1.988 2) MIDAS SUPPORT FACILITY 1. Road should be completed to include curbs and sidewalks across the entire frontage. Sidewalks shall be continuous across the driveways constructed one foot from the property line. 2. Final plans shall include utilities, mainly water and sewer, drainage also site grading. 3. Existing trees especially along the west and south side should be saved. 3) BLODGETT PROPERTY') V� 1. A cul-de-sac with 24 foot wide pavement will/,allow parking on one side of the street and still allow emergenc* equipment to go around. A 30 foot wide pavement, parking cafe be permitted on both sides of the street. With 9 units front/ing on the cul-de- sac and extra parking 300 feet down the stree�, the street should be 30 feet in width to allow street parking and still allow for emergency equipment to get through. 2. The street right-of-way should be 15 feet beyond the pavement, this allows adequate snow storage. Plan shows 4 feet of snow storage where there is sidewalk.this is not adequate, it should be 9 feet. The water main shall be within the 9 feet and not under the sidewalk. 60' r o o ho 3. Water Department shall review the water main layout. However, the main serving the units should be extended from where it ends at the fire hydrant to the southerly property line so that it can be looped in when the main is extended along }Holmes Road Extension. The dead end main on Holmes Road Extension should have a valve so that it can be extended without interruption of service also the main serving the units. 1 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: April 18, 1989 agenda items Date April 14, 1989 2)FARNHAM ASSOCIATES. PATCHEN ROAD 1. Concrete curb shall be constructed in abandoned driveway opening. Depressed concrete curb shall be installed in new opening. 2. Plan should show method of draining the site. 4) BLODGETT PROPERTY, HOLMES ROAD EXTENSION 1. Loop drive Holmes Road Extension road openings shall be treated as driveways not as streets. The sidewalk shall be continuous across the driveway. Driveway shall have a depressed curb. 2. Units 1 -6 should be setback toward the north line and the driveway intercept Holmes Road of or near 90 degrees. 3. Holmes Road Extension shall include drainage. 5) MAPLE LEAF MOTEL, SHELBURNE ROAD 1) A sidewalk should be constructed across the entire frontage. 2. A Water District main is located within this driveway. This should be shown on the plan. All work within the water main easement including landscaping shall be reviewed and approved by the Water District. TO: FROM: RE: DATE: 1. 2. �lut� +!lnrttngton ,fire 'Ortiartment 57-1 Donict -ttrcct tA,autll '411tirlitigton. `Vermont 05401 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY APRIL 18,1989 AGENDA ITEMS THURSDAY APRIL 13,1989 FARNHAM ASSOC. REAL ESTATE OFFICE 10 PATCHEN ROAD PLANS WERE REVIEWED BY THIS DEPARTMENT AND AT THIS TIME THE ONLY PROBLEM I SEE IS THE MAIN DRIVE WAY MUST BE NO LESS THEN 18' FROM PATCHEN ROAD TO THE BACK PARKING LOT PAVED. BLODGETT PROPERTY HOLMES ROAD EXT. PLANS WERE REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM FOR EMERGENCY PROTECTION. 3. MAPLE LEAF MOTEL SHELBURNE ROAD ADDITION PLANS REVIEWED BY THIS DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM FOR EMERGENCY EQUIPMENT. Ir { i OFFICE OF DAMES W. GODDETTE, SR. CHIEF (802) 658-7960 MEMO TO: Joe Weith, City Planner FROM: Sue Messina, Water Supt. DATE: August 12, 1988 RE: Blodgett Property Development In order for this project to comply with South Burlington Water Department Rules and Regulations and to gain final approval, the following criteria must be met: 1. The waterline must be continued from the cul de sac area to the western boundary of lands owned by UVM and looped to the 8" AC water main on the east side of Green Mountain Drive. 2. A gate valve must be installed before the cap at the end of Holmes Road Extension. 3. Service line locations and valving must be added to the drawings. 4. Curb boxes for 2" services and under must be "Erie Type" (box and rod). 5. A revised copy of the final platt drawings must be submitted to the Water Department for final approval. 2c0, 000 City- o(' Booth 13trr•lington WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLINGTON, VE_RMONT 05403 TEL. 864-4361 June 20, 1988 Mr. Lance Llewellyn Fitzpatrick -Llewellyn Inc. One Wentworth Drive Williston, Vermont 05495 RE: Blodgett�rbmmercial Development - Holmes Road Extension Dear Mr. Llewellyn, The above referenced project with an estimated daily demand of 1650 gallons for domestic use will not place a burden on or hamper the South Burlington Water Department from providing service to its existing customers. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Susan A. Messina Superintendent cc: Kris Khatri Bill Szymanski Jane Lafleur Li L 1, I's -S-) f,;, ( C, 't C,- -, CI`1'Y OF SO11111 BUM,INGION Subdivision Application - P1tILIMINARY PL111' 1.) Nanr? of Al..)plicant Dennis Blodgett 2) Nan►e of Subdivision Blodgett Property 3) Submit Subdivision Pee $115.00 4) Describe Subdivision (i.e. total acreage, number of lots or units, type of land use, gross floor area i:or ca nw-- rcial or industrial use.;): 18 multi -family units in 5 buildings on 4.4 (+/-) acres. Extension of Holmes Road. 5) Indicate any changes to name, address, or phone number of owner of, record, applicant, or contact person since sketch plan application: None 6) Naive, address, and phone nLM- r of: a. Engineer FitzPatrick-Llewellyn Incorporated One Wentworth Drive, Williston, Vermont 05495 (phone) 878-3000 b. Surveyor FitzPatrick-Llewellyn Incorporated C. Attorrey d. Plat Designer Fitzpatrick -Llewellyn Incorporated 7) Indicate any changes to the subdivision such as nwnber of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: Number of .buildings .from 3 to 5 (units remain unchanged). 8) List navies and mailing addresses of owners of record of all contiguous properties: See Site Plan 9) State title, drawing number, date of original plus any revisions, and designer (s) of the prelirninary ntiap(s) aceornpanyind this application: 7 sheet set drawing numbers 10) COST HSTIMA'Pi�; /:or. Planned Unit Develop-4tu�nts,n►ulti-family projects, and amut):rcial_ L-ind inclustr. ial coiiiplexes: (a) BLI Lldings $1,3000,000.00 (b) L-in dscaping $23,000.00 (c) All. Other Site improvenk-nts (e.g., curb work) $250,000.00 ' IW'-VIC for. Planned Unit Devel.opiients, multi -family projects, and catunercial and industrial complexes (2-way traffic, in plus out): n.M. beak hour 8 P_M_ rrn,lk hruir 10 Average daily traffic 105 'd of trucks 0 12) Attach four copies of a prelindnary n"p showing ffie following inforrrr-►tion: 1) Proposed subdivision name or identifying, title and the nanx- of the city. 2) Ncinx� and address of owner of record,subdivider and designer of Prelirtr- inary Plat. 3) Nut»txer of acres within the proposed subdivision, location of property lines, structures, watercourses, wooled areas,and other essential exist- ing physical features. ' -2- r' / 4) '1'hc:r narr►cs of all SULAI Sion.; inu►xxliately adjacent and the nwr►es of owners of record of adjacent acreage. 5) The location and size of any existing sewers and water coins, culverts and drainson the property or serving the property to be subdivided. G) li:xation, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately nL►intained open spaces as well as similar facts regarding adjacent proixrty. 7) Contour lines at intervals of five feet, based on United States Geolog- ical Survey datum of existing grades and also of proposed finished grades where change of existing clround elevation will be five feat or nore. f;) C)J1'LJlete _;ur.vc,y of sul:,c.livi.;ion tract by a licensed land surveyor. 9) Nunx}rical and graphic scale, date and true north arrow. 10) Details of proposed connection with existing water supply or alternative means of providing water supply to tl►e proposed SLIbdivision. 11) Details of proposed connection with the existing sanitary sewage clisixar;al system or adequate provisions for on -site disposal of septic wastes. 12) If on -site sewage disposal systen► is proposed, location and results of test. - to asct:rrtain suhsurface soil, rock and ground water conditions, depth to ground water unle_;s pits are dry at depth of five feet; location and I results of percolation tests. 13) Provisions for collecting and discharging storm drainage in the form of drainage plan. 14) Preliminary designs of any bridges or culverts which may be required. 15) The location of temporary markers adequate to enable the Colifflission to locate readily and appraise the basic layout in the field. Unless an existing street intersection isishown, the distance along a street from one corner of the property to the nearest existing street intersection :.;h►1.1 •a —3— f 16) All parcels of L nd prq '30d to 1.x� dedicated or reserved for puk�l.ic u:,e and the conditions of such dedication or reservation. 13) Develolxrx-�ntal tinvt,.►IAe (includiracj nundx,.r of phases, and start and collpletion dates) As Soon As Possible :1.,1) I,i t the waivers applicant desires from the requirements of these regulations: None 15) Attach a vicinity iiq..) showing the following: 1) All existing Subdivisions, approximate tract lines and, acreage of adjacent parcels, together with the name's of the record owners of all adjacent parcels of land, nanely, those directly abutting or directly across any street adjoining the prc.>l.xo:;ed ;3u),caivi:-;ion. 2) Locations, widths and nZwies of existin(1, filed or proposed streets, curb cuts, easements, building lines and alleys pertaining to the proposed suer division and to the adjacent profxrties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indicatfun of the future probable street .system of the remaining portion of the tract, if tale Preliminary Plat- subMitted covers only part of tlae subdivider's entire holding. (:si(jnature) applicant or contact pc_,rson L, , zo -(�1) da to �Dutb '4,73 urlingtun +Rire Department 575 Ranrnet ttreet fttO Nurlingtnn, Vermont 115401 TO: SO. BURLING ON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: TUESDAY AUGUST 16,1988 AGENDA ITEMS DATE: THURSDAY AUGUST 11,1988 1. 2. BLODGETT PROPERTY OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802)658-7960 HOLMS ROAD EXTENTION PLANS WERE REVIEWED BY THIS DEPARTMENT AND THE ONLY PROBLEM I SEE IS THE HYDRANT LOCATED AT THE END OF THE CIRCLE SHOULD BE RELOCATED TO THE FRONT. KEN DESMOND GREEN TREE PARK LOT #6 PLANS WERE REVIEWED BY THIS DEPARTMENT AND AT THIS TIME I DO NOT HAVE ANY PROBLEM WITH THE BUILDING , MORE INFORMATION IS NEEDED ON THE WATER AND HYDRANT SYSTEM BECAUSE OF THE BUILDING SIZE BEFORE AN APPROVAL CAN BE GIVEN BY THIS OFFICE. 3. ALAN PALMER 40SO WILLISTON RD, PLANS REVIEWED AND AT THHIS TIME I DO NOT SEE A PROBLEM IN GIVEN PROPER FIRE PROTECTION IF NEEDED. RE: PAGE-2 OF TUESDAY MAY 10,1988 AGENDA ITEMS 3. BLODGETT PROPERTY TOWN HOUSES HOLMES ROAD THE FOLLOWING WAS FOUND DURING REVIEW WHICH MUST BE CORRECTED FOR EMERGENCY SERVICES: A. A SECOND HYDRANT MUST BE ADDED AT A LOCATION APPROVED BY THIS OFFICE. B. ADDED PARKING SPACES SHOULD BE REQUIRED. C. THE BUILDINGS SHOULD BE MOVED 10' CLOSER TO THE ROAD TO ALLOW ACCESS FOR OUR EQUIPMENT. 4. BLODGETT PROPERTY OFFICE/ COMMERCIAL PROPERTY PLANS REVIEWED AND THE FOLLOWING IS REQUIRED FOR OUR SERVICE: A. IF TWO BUILDINGS ARE CONNECTED BY A WALK -WAY THE BUILDINGS NEEDS to be 30' APART . B. DRIVE AROUND THE BUILDING SHOULD BE 30' WIDE. City of South Burlington 575 DTSET STREET SOUTH BURLIN ON, VERMONT 05403 PLANNER 658-7955 April 14, 1989 Mr. Dennis Blodgett Blodgett Insurance Company 1000 Shelburne Road South Burlington, Vermont 05403 Re: 18 unit PRD, Holmes Road Extension Dear Mr. Blodgett: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, April 18, 1989 at 7:30 P.M. to represent your request. Sincerely, Joe Weith, City Planner Encls JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 2, 1989 Mr. Dennis Blodgett Blodgett Insurance 1000 Shelburne Road South Burlington, Vermont 05403 Re: 18 unit PRD, Holmes Road Dear Denny: ZONING ADMINISTRATOR 658-7958 Enclosed are the April 11, 1989 Planning Commission meeting minutes. Please call if you have any questions. Sincerely, �- " r� Joe Weith, City Planner 1 Encl cc: Lance Llewellyn JW/mcp /" l4k A014e v JJo"O, PLANNING COMMISSION 1 NOVEMBER 1988 PAGE 4 2. That portion of the shall be complete rior for lot 2. Holmes Road Extension serving lot 2 to issuance of any building permit 3. The Final Plat shall be recorded within 90 days or this approval is null and void. It must be approved 12y the Planner and signed the Chairman or Clerk of the Planning Commission prior to recording. _ 4. All stipulations from previous approvals of 5/10/88 and 8/17/88 for both of the new lots shall remain in effect. Mrs. Maher seconded. Motion passed unanimously. 5. Discussion with Dennis Blodgett regarding a revision of his approved Final Plat application for construction of an 18 unit planned residential develo ment, 1342 Shelburne Rd. Mr. Blodgett indicated he wanted to discuss offices in the back portion of the land. He has spoken with some neighbors who are interested in the new plan. Some buildings would be removed and there would be more green space. The cul de sac would also be removed. Mr. Blodgett said he is not asking for an R-7 zoning but is thinking of 10,000-12,000 sq. ft. of office space with the rest residential. Theycurrently have approval for 36,000 sq. ft. of residential space. Mr. Belter asked if Mr. Blodgett would be willing to slide the buildings down to Holmes Rd. and construct the road to the end of his property to get further from the neighbors. Mr. Blodgett said he would. He said he has worked with the neighbors to come up with a specific plan. Neighbors were concerned be- fore because there was just carte blanche approval asked for in an R-7 zoning request. Mr. Burgess said if Mr. Blodgett could get the neighbors to support him in a request, he would be willing to go back to the City Council. Mr. Mansfield, an abutting owner, said he was against the first proposal as he couldn't see the reason for R-7 zoning without a plan and was concerned about the enjoyment of his residential neigh- borhood. He now sees a more flexible approach by Mr. Blodgett as to square footage and parking, and wants to co- operate with him. He said if there can be unanimous approval by the neighbors of a specific plan, he would go for it; until then, he wanted it to remain R-4. Mrs. Snyder, another neighbor agreed. Mrs. Farrington said she would rather see development closer to Shelburne Rd, leaving more green space near the residences. Mr. Brennan asked if a zone can be created with stipulations and restrictions. Commission members did not think this is possible. Mrs. Maher said she would like to see the Commission again recommend R-7 to the Council. Mr. Llewellyn suggested a subdivision for the com- PLANNING COMMISSION 1 NOVEMBER 1988 PAGE 5 mercial use. Mr. Burgess asked if that would create a non- conforming lot. Members felt they wanted to discuss this further with the City Attorney. 6. Discussion with Rod Whittier of North Shore Development regarding an affordable housing project on 12.3 acres located on Airport Parkway near the Lime Kiln Bridge Mr. Whittier explained the Merchants Bank -North Shore home owner program and said they want to get direction on a specific piece of land owned by the Unsworth family. He noted that 60% of the population of Chittenden County earns less than $40,000/year, and it is 20% of this group that the program aims to serve. Homes would be similar to the later phases of Cardinal Woods, attached houses in the 84,000- 87,000 range. Mr. Coffrin said they want to build about 300 units in several communities. The can reduce costs by reducing closing costs (points, title insurance, no -cost appraisals, etc). Buyers would pay 5% cash, then North Shore and the Merchants would carry a $20,000 second mortgage at 40 interest. There would be a "shared appreciation" clause which would, at time of resale, give 65% of any appreciation to the homeowner and 35% to Merchants/North Shore. The re- mainder of the financing would be by conventional loan. He said this would bring affordability down to people in the $30,000 income range. Mr. Whittier noted the Unsworth property is on both sides of the road, a total of 20.2 acres. These are very rockysites which are zoned Industrial -Commercial. Mr. Brennan noted the Regional Planning Commission is concerned with future road improvements, particularly to the Lime Kiln Bridge, and said that houses have been approved on land that was supposed to be for road orientation. He urged the city to show where proposed streets are to be. Mr. Poger noted a safety issue on one side of the road where there is a high drop and felt this might not be good for housing. Mr. Whittier said there would be some kind of fencing. Catherine Debo of CCTA said they do not support this project because it is in the middle of nowhere with no public trans- portation. Buses can't cross the Lime Kiln Bridge, and it would cost the city $40,000/year to provide transportation to this area. Mr. Whittier said this is not subsidized housing, and he anticipated people living in this development would have their own cars. He felt the site was central to employment sites in Chittenden County. Mrs. Maher asked if housing would be limited to people in a particular income range. Mr. Whittier said 65% would be, and Memo r•ari(ium - E'iiirini.rig No,,,ember 1 , 1988 agenda items October 28, 1988 Page 5 the peak hour. The approved office/retail use was found to generate 95 trip ends during the peak hour. 'Therefore, the approved use on this lot meets the allowed trip generation. The 4.4 acre lot is allowed 144 trips. The approved 18 unit plarined residential, development was estimated to generate 13 trips during the peak period and therefore meets the requirements of the #.raffic o\,erlay district. Other: See Bill Szymanski's comments. 5) DISCUSSION WITH DENNIS BLODGETT REGARDING A REVISION TO THE APPROVED 18 UNIT P.U.D., 1342 SHELBURNE ROAD ^ Dennis Blodgett would like to discuss the possibility of constructing office buildings on the 4.4 acre parcel instead of the 18 unit planned residential development of which he has obtained approval. He is willing to construct at a lower density than the maximum allowed. Also, he would provide a larger undisturbed, buffer between the development and the residential properties to the north and east than that which was approved for the residential development. He is also entertaining thoughts of a mixed office/residential' development on the property. The development of office uses on this property would require a zone change. The purpose of this meeting is to get feedback from the Planning Commission. This will give Mr. Blodgett an idea of whether or not, he should pursue the project. 6) DISCUSSION WITH ROD WHITTIER OF NORTHSHORE DEVELOPMENT Mr. Whittier would like to discuss with the Planning Commission the possibility of developing an affordable housing project on a 12.3 acre parcel near the Lime kiln bridge. The primary purpose of the meeting is to discuss the affordable housing concept and explain how the project would work in order to provide residential units which are "affordable." I do not believe that. any plans will be presented. The parcel in question is zoned Industrial. -Commercial and would require a zone change in order to allow residential development. 5 J \ Memorandum - Planning August 17, 1988 agenda items August 12, 1988 page 4 figures and the City's parking space requirements, the building will require 24 parking spaces. The plan shows 27 spaces plus 5 future spaces if determined to be necessary (32 total spaces). The proposed number of spaces should be sufficient. Landscaping: As discussed at the 7/12/88 meeting, the building requires $13,000 in landscaping. Also, the developer is required to install 6 Austrian Pine, 34 Rugosa Rose and 2 Marshall's Seedless Ash on lot #6 as a condition of subdivision approval. This represents approximately $15,000 worth of landscaping required for the lot and the proposed building. The proposed landscape plan shows Austrian Pine lining the western and northern property lines. Marshall's Seedless Ash are shown lining the eastern property line. Globe Arborvitae and Sargent Crabapple are proposed for the front of the building. The proposed landscape plan meets the $15,000 required landscaping value. Also, the Austrian Pine form a nice buffer between the building and the residential properties to the west and north. Mr. Desmond has also agreed to raise the berm an additional two feet. Drainage: Mr. Desmond met with Bill Szymanski to discuss the drainage and retention ponds issue. Mr. Desmond has revised the plan to meet Bill's concerns. Other: The aisle width of the parking lot has been increased to 24 feet to meet requirements. Also, a 5 foot buffer is shown between the parking lot and south property line. The minimum width of the access drive surrounding the building is 12 feet. The access drive will be posted for one-way circulation around the building. Zoning Regulations require one-way access drives to be a minimum of 10 feet, therefore it meets zoning requirements. 6) BLODGETT, 1342 SHELBURNE ROAD Dennis Blodgett proposes to build an 18 unit residential. -development in 5 buildings on 4.5 acres located on Holmes Road, east of Shelburne Road. The property is zoned R-4. Enclosed are the 5/10/88 Planning Commission meeting minutes of the Preliminary Plat review. Water: See Sue Mesina's comments. 4 Memorandum - Planning August 17, 1988 agenda items August 12, 1988 Page 5 Landscaping: The Preliminary Plat approval stipulated that a maximum $7,500 credit would be granted for existing trees. These trees were to be tagged and approved by the City Planner prior to Final Plat review. This has not been done. I suggest that as a condition of approval for Final Plat that these trees be tagged and approved by the City Planner prior to permit. If the trees do not make up the $7,500 credit, the developer would be required to plant additional trees to make up the difference. Storm Water and Run-off Control As a condition of approval for Preliminary Plat, it was stipulated that the plan be submitted to and reviewed by Heindel and Noyse prior to Final Plat Review. This has not been done. Lance Llewellyn told me that the storm drainage plan is being combined with the IDX development and will be submitted to Heindel and Noyse shortly. A condition of approval for Final Plat should include one saying that the plan will receive approval from Heindel and Noyse for storm water and run-off prior to permit. Other: See Bill Szymanski's comments. M E M O R A N D U M To: South Burlington Planning Commission From: Jane B. Lafleur, City Planner (`( Re: May 10, 1988 agenda items Date: May 6, 1988 2) BLODGETT, 1342 SHELBURNE ROAD Dennis Blodgett proposes to build an 18 unit residential development in 5 buildings on 4.5 acres located on Holmes Road, east of Shelburne Road. The property is zoned R-4. Access: Access is proposed from the new Holmes Road. This will be an 80 foot right-of-way split down the Blodgett/IDX property line with 32 feet of pavement and a sidewalk along the northern side. A public new street ("A") will be built to serve the 18 residential units. This will be a 60 foot r.o.w. with 32 feet of pavement. The new road has a sidewalk on one side and ends in a City standard cul de sac. The cul de sac has 24 feet of pavement as agreed to by the Planning Commission. Circulation and Parking: Circulation is adequate with public streets in front of all buildings. There appear to be 6 garage spaces and 6 driveway spaces for the 4 unit buildings. The 3 unit buildings show 5 garage spaces and '5 driveway spaces. Therefore the 18 units show 56 spaces; the ordinance requires 39 spaces. Landscaping: The plans show honey locust street trees planted 60 feet on center as required by the ordinance. Foundation plantings are listed as 1 spirea, 1 corneli.an cherry, 2 dwarf mugo pine and one austrian pine per unit. A $17,500 plan is required; the proposal is valued at. $4570 for the foundation plantings and $5500 for the street trees. Credit is requested for existing trees but these have not been eI'neated on tlhe plan. pjo- T ,0*�ees- uo NV, �42, 4*8 U �c Traffic: No traffic study has been submitted. The proposed development will generate 13 peak hour trip ends to a singalized intersection. Other: See Bill Szymanski's and Chief Goddet.te's comments. The Assessor's office has asked that. we not refer to this ne% ro:id ;Is Holmes Road Extension since there: is already- a road cell Le-d that parallel to the Lake. Memorandum - Planning February 19, 1988 Page 2 3) BLODGETT/MILOT, 1342 SHELBURNE ROAD Mr. Blodgett and Mr. Milot propose to construct 18 residentia- units on the 4.5 acres located east of the commercial project previously approved on the C-1 area of this property. ThE property is zoned R-4 in the rear and was recently the subject of a zone change proposal that the City Council denied. Access and Streets: Access is proposed from a 50 foot right-of- way from Holmes Road Extension. The new road shows 30 feet of pavement that ends in a City standard cul de sac. A 50 foot future r.o.w. is shown from the cul de sac to connect to Holmer Road Extension and/or Green Mountain Drive. This connection may not be advisable since it would connect these units to heavily traveled commercial loop. Since the City Council wants it to remain residential, it should at least be isolated fron the commercial traffic and this future r.o.w. not used. Density: The 4.5 acres allow a maximum density of 18 units a. shown. After removing wetlands (.41 acres) and 15% (.7 acres) for streets; the minimum density is 3.4 acres x 4 units per acre or 14 units. The developers proposes the maximum density. Given the layout, this does not appear excessive. Layout and setbacks: A 50 foot PUD perimeter is required around the property. The four four -unit buildings and one 2 unit. building will have garages within the units. Parking: The 18 units require 36 parking spaces plus 3 fo_ guests. The plans show a garage space and driveway space for each unit and six extra spaces. See Bill Szymanski's comments regarding the width of the street and on -street parking. Open Space and Coverage: The ordinance allows 20% buildin; coverage and 40% total coverage for multi -family projects. The lot coverage figures will be available at the meeting. Oper. space around the units will be owned in common.�1�� Landscaping: Street trees should be shown at preliminary pla' and a landscaping plan for the units in accordance with the landscaping requirements. Sewer: A sewer allocation of 8100 gpd is required. Capacity is available and the $2.50 per gallon fee must be maid prior t;c permit. Other: All legal documents for offers of dedication for Holmes Road extension and the new street and Association Articles an(' Bylaws should be prepared for the City Attorney's review prior to final plat. See Bill Szymanski's and Chief' Goddette's comments. 2 CITY OV ';OU I'I l BURI A NGI ON Subdivision !Application - SKOICII PI AN 1) Name, acldross, and phow nUliber of: a. Cmi(2r of record eisi-,v�� b. Applicant __— SP.rr e 2) Purlx)se, Iocat-Ac)rl, and r1AUIC' Of L,ulxliviSion or developulenL, includin(j nuIIIbur of Lots, UIIit::;, (-)r 17)"rceLS and prulx)secl use . 3) !Applicant's le(ja-I LllleCC':iL in the I,rc)lx.rrt.y (foo sinll)le, option, eLc) 11) Na11K':. of uwrlers Of recy-)t.A (A Ill. coliL1.(PoLl:i j)I:C)fXi'rLl.l_':i _M_.-_.__—_____.----_-•-----�� ')) T lu of cxiL:tilKj or 1)ro[x):iied (A1C.L0111)I i.111(.:e:5 011 l)CO[A.MAy SUCII .15 covenants, ri.JIIL:-, (A w,ly, L,L(,• 1,... s,' G) PrOLxJs(:d (2'xterlSiorl, rel(x•,IL lon, of mxli l: ication Of llluni.ciL-)al L,.Icil i.t.ies sLICh CIS CII11Lal:y 11Wl.`r, W011A :illI)ply, ;Arc(Aa, Lorlll Clj:alll'CAq', eLc. 7) IksCr. il:x any previ.ous act.i.oiis Lakeli by the Zoning ISck:►rd of Mjustalr_�nt or by Lhe South BUr l irly Lor1 Pliuminq c emrnission which affect the proposed sulr (I Lv.ision, and include the (Lit0S Of SLICh actions: __.-----.__,L1.i.._�I_1.���t,e��!L_SL�--�_�►V.__..-`�.___��i t�k�.Q.J:_aJ\..lj_S_�___—Q..iLt.-_.-__. 8) SLILAIlit l,oul: COLA(I., ol: a sk(:t.Cll I_).Lan-.;h(.)win(j the fcrl kwir)l inl'ol:nk.ltion: 1.) Nane of owners Of record of cont.i.(_ic-I(xa: 2) Boundaries and area o1: (a) .:I.L L ccmL i(]uou:, land LxA.on(:J.incl t.(j owner Of record and (1:)) propused sUb.iiv.i:;i0ll. a) Existirly ;:Inc] proposed layout crl pl:olxrrt-.y :I.i.nc:.; Lyx� .IlICI I.Cx:-IL1OIl ol: existim.) and I?1:OL:oseCl r.e:�Ll1C1.1C)Il, 0I1 1-1II1d, :Aldl ,1:, ('..1:,(..'ll1( Ill.:. ond cove nil n Ls . 4) Tyl-x-' of, loca-tloll, zlnl") jppj:OxJ.IIklL.(_' :;1'l..l' C>I C'Xr:it:lll) III(I Ii-0jx).'3t2Cl-'Arelets, Utilities, and open space. a-Ite, tiue north arrow anti SCi-11C (nunKrr'.ic. ll oll(I (Jr.,l)ll.ic.') . G) Location "Lip, showing relit i(�rl of I)r(,Ix>:;eci au1.x].i.vi:,l(m to adjdCent Lac perty and surrounding area. C� (Si.gnature} allL�.Li<.ant (w c'0111,.lixt J R.r:,O11 1\1NWagner, Helndel, and Noyes, Inc. consulting geologists P.O. Box 1629 Burlington, Vermont 05402-1629 802-658-0820 August 21, 1988 Charles Van Winkle Fitzpatrick - Llewellyn, Inc. 1 Wentworth Drive Williston, VT 05495 RE: Blodgett Commercial/Residential Development North Brook Watershed South Burlington, VT Dear Charlie: I am in receipt of your letter of August 16, 1988 regarding the above referenced property. I have examined the site plans for the proposed commercial and residential portions of the development. Based upon this review, I have estimated our fees to perform the input to the TR-20 model and complete the hydrologic evaluation of overall impact to the North Brook watershed as mandated by the South Burlington Planning Commission. This estimate is $950. Upon receipt of a check in this amount, we will begin work on the evaluation. As I noted to you over the phone, I would anticipate that the time frame to complete the analysis would be two to three weeks. Please call with any questions. Sincerely, fret' A. Nelson, Geologist Wagner, Heindel, and Noyes, Inc. JAN:tac cc: Joseph Weith PLANNING COMMISSION 10 May 1988 Page 2 the Holmes Rd. signal should be working prior to construction. This will have to be worked out with the State. A neighbor said they appreciated the attempt to save as many trees as possible and asked how wide the strip of protected trees would be. Mr. Llewellyn said they would be willing to stipulate a strip of 25 feet to be left undisturbed. Mr. Mansfield asked the maximum height of buildings. Mr. Llewellyn said they didn't know yet, but the maximum allowed is 35 feet. Buildings will be 2 stories high. Mrs. Hurd moved the Planning Commission approve the Preliminary Plat application of Dennis Blodgett for 18 residential units in 5 buildings on 4.5 acres as depicted on a 5 page set of plans • entitled "Blodgett Property Development, REsidential Portion" prepared by Fitzpatrick -Llewellyn dated April 25, 1988 with the following sti ulations• 1. A $174500 landscaping bond shall be posted prior to permit for foundation plantings and street trees. The plans shall be revised to show this value not including street trees Up to $7,500 may be granted for existing trees once identified to the Planner and shown on the Final Plat. Those trees will be tagged prior to final at review. -7 2.)A bond for the new street sewerr water and sidewalk shall be jLdsted prior to permit. he $200 per unit rpr_rPat i nn fnn c k, 7 7 L,.. id prior to permit 4. ' $462 Shelburne Road intersection impr-ovement fee shall be id based on the 13 trip ends generated by this development. The 4th face of the Shelburne Road signal must be installed and o er atinq prior to permit. SyiThe Planninq Commission waves the 50 foot PUD perimeter along he northern property line and allows a minimum of 45 feet in this area only. A 25 foot strip of trees along the northern property line shall be left undisturbed. 'T1\ b./ An 8100 gpd sewer allocation is made and the Tee shall be aid rior to permit. 7. her la11 e -provisioVs tea lob tbewater Ro d e eneYed l '� - 2.50 per qallon [•1 he developer shall furnish and install the street signs and sign. 9. Power, telephone and calbe shall be in an easement outside of — the street rig t o way 4' 10. 5it flt �i street lights installed prior to the sale of units. ;wc. rfWN— f 4 '�-,�PLANNING COMMISSION "10 MAY 1988 ,. e 3 >> 11 There shall be no parking around the cul de sac and signs �.. "s 11 be posted by the developer. Le al documents for the new street (Offer of Dedication and eed) shall be submitted to the City Attorney for approval prior o permit. !4 13. A second fire hydrant shall be installed in a location de- Vic! 9 ?�-Itermined by the South Burlington Fire Chief. f� 14. Plans shall be submitted to Heindel and Noyse for review of storm water and runoff prior to final lat. �,_ !!//-- s -S � a,,, kw �15ovenants should be submitted to the Cit Attorne rior to it and shall include a sti ulation that no garages shall be " onverted to living space L_in order to preserve the number of parking spaces. 16. The final plat shall be submitted within 12 months or this a proval is null and void. Mr. Belter seconded. Motion passed unanimously. Mrs. Lafleur noted for the record a letter from Samuel Wiggins opposing the density of this development. 3. Reviewsite plan application of Dennis Blodgett for a 29,424 sq. ft. retail/office building, 1342 Shelburne Rd. Mr. Llewellyn noted there was a new architect for this development Since IDX got approval for their construction, alignment of the road was changed. Originally each gave up 40 ft. of property for the road. IDX moved to 56 ft. on Blodgett's property and only 24 ft. on their own property, so the road now lines up correctly with the intersection. The Blodgett access has also been moved to line up with the IDX access drive. Mrs. Lafleur questioned whether this was actually 2 buildings joined by a second story walkway. Mr. Blodgett said it is not. It is one connected building with a first floor archway. Mrs. Lafleur noted they do meet the 65 ft. setback. A 15 ft. buffer of hedge should be provided between this and the residential land. There should also be a sidewalk on Shelburne Rd. Mr. Llewellyn agreed to these stipulations. As in the previous plan, the 4th face of the signal should be operating prior to permit. Ms. Pugh said she was concerned with the number of compact car spaces and also wanted to see a large portion of landscaping money spend on a buffer with the residential land. Mr. Jacob suggested the Planner decide how much credit, if any, be given for existing PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 ZONING ADMINISTRATOR 658-7958 August 12, 1988 Dennis Blodgett Blodgett Insurance Agency 1000 Shelburne Road South Burlington, Vermont 05403 Re: 1342 Shelburne Road Dear Mr. Blodgett: Enclosed are the agenda item and my comments to the Planning Commission. Also enclosed are Bill Sz,ymanski's and Chief Goddette's comments. Please be sure someone is present on Wednesday, August 17, 1988 at 7:30 P.M. to represent ,your request. JW/mcp Encls cc: Lance Llewellyn Sincerely, tv-r Joe Weith, City Planner PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 September 9, 1988 ZONING ADMINISTRATOR 658-7958 Dennis Blodgett Blodgett Insurance Company 1000 Shelburne Road South Burlington, Vermont 05403 Re: Blodgett Properties Project, 1432 Shelburne Road Dear Mr. Blodgett: Enclosed are the August 17, 1988 Planning Commission meeting minutes. Please call if ,you have any questions. Sincerely, Joe Weith, City Planner JW/mcp 1 Encl cc: Lance Llewellyn 8/17/88 JW MOTION OF APPROVAL I move that the Planning Commission approve the Final Plat. application of Dennis Blodgett for 18 residential units in 5 buildings on 4.5 acres as depicted on a 5 page set of plans entitled "Blodgett Property Development, Residential Portion" prepared by Fitzpatrick -Llewellyn dated July 27, 1988 with the following stipulations: 1. A 17,500 landscaping bond shall be posted prior to permit for foundation plantings and street trees. A $7,500 credit is granted for existing trees. The existing trees which will make up the credit must be tagged and approved by the City planner prior to permit. 2. Plans shall be reviewed and approved by Heindel and Noyse prior to permit. 3. The recorded plat shall show the following: a) The water lined continued from the cul-de-sac to loop into the 8" AC water main located on the east side of Green Mountain Drive. b) A gate valve to be installed on the water line before the cap at the end of Holmes Road Extension. c) Water service line locations and valving to the individual buildings. 4. Station numbers will be shown on recorded plat. 5. Power, telephone and cable shall be in an easement outside of the street right-of-way and shall be shown on the recorded plat. 6. Sidewalk shall be extended across the last driveway. 7. Street lights shall be installed prior to the sale of units. 8. Those stipulations contained in the 5/10/88 Preliminary Plat approval and not superseded by the stipulations in this approval. shall remain in effect. 9. The Final Plat shall be recorded within 90 days or this approval is null and void. It must be approved by the Planner and signed by the Chairman or Clerk of the Planning Commission prior to recording. 5//10/88 JBL MOTION OF APPROVAL I move that the South Burlington Planning Commission approve the Preliminary Plat application of Dennis Blodgett for 18 residential units in 5 buildings on 4.5 acres as depicted on a 5 page set of plans entitled "Blodgett Property Development, Residential Portion" prepared by Fitzpatrick -Llewellyn dated April 25, 1988 with the following stipulations: 1) A $17,500 landscaping bond shall be posted prior to permit for foundation plantings and street trees. The plans shall be revised to show this value not including street trees. Up to $7,500 may be granted for existing trees once identified to the Planner and shown on the final plat.'` 2) A bond for the new street, sewer, water and sidewalk shall be posted prior to permit. 3) The $200 per unit recreation fee shall be paid prior to permit. \23 4) A $462 Shelburne Road intersection improvement fee shall be paid based on the trip ends generated by this development. The 4th face on the Shelburne Road signal must be installed and operating prior to permit. 5) The Planning Commission waves the 50 foot PUD perimeter along the northern property line and allows a minimum of 45 feet in this area only. a�� � - '<tz�c, - Urv�J 6) An 8100 gpd sewer allocation is made and the $2.50 per gallon fee shall be paid prior to permit. 7) There shall be provisions to loop the water main when Holmes Road is extended. 8) The developer shall furnish and install the street signs and stop sign. 9) Power, telephone and cable shall be in an easement outside of the street right of way. 10) Street lighting plan shall be submitted for final street lights installed prior to the sale of units. 11 ) There shall be no parking around the cul de sal sh 11 be posted by the developer. plat and and signs n 12) Lega d-oclAffients foie the new street (Offer of Dedication and Deed) shall be submitted to the City Attorney for approval prior to pe rm i i I-vt 6 P6,( av f 13) A second fire hydrant shall be installed in a location determined by the South Burlington Fire Chief. 14 ) The final plat shall be submitted within 12 months or this approval is null and void. CITY Ol•' :YJUTA I BUAINGION Sulxlivision Application - FINn1, PIA'1' 1) Nagle of Applicant Dennis Blodgett 2) Name of Suixlivisiorl Blodgett Property Development 3) Indicate any changes to nwtie, address, or Lalaone nmJx,r of owner of record, applicant, contact person, engineer, surveyor,• attorney or plat designer since preliminary plat- applicatiun: none 4) Indicate any changes to the subdivision, such as nWlber of lots or units, property lines, applicant's legal interust in the prolxrty, or develoiAI'ntZIL t-inlet6ble, since preliminary plat application: Revised stormwater/sanitary sewer layout , Revised proposed grading. 5) Subiiit- four copies of a final set ol: PL,:Ins CO"Isistil►g of a final plat plu:; engineering dr.awincls and containing all information required Under section 20::.1 of the sulxl.Lvision regulcltions for a minor sub-livision ;and under section 2.04.1(a) for a II>Ll jor sulAivLAun. G) Submit two draft copies of: all log,al docurllent's reyuir.ud under section 202.1 (11) and (12) of the subdivision for a II snot: sulxlivision and under section 209.1(b) for a n>l.►jor ::;ulxiivision. GLV.rP i��Cr.L�I 1 vE�Y�, r►�c �_� ._. ____ ( Signature) aplAiCallt or contact Ix!r Son Date PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlingotn Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Wednesday, August 17, 1988, at 7:30 P.M. to consider the following: 1) Final Plat application of Dennis Blodgett for an 18 unit planned residential development on 4.5 acres. Property is bounded on the north by G. Handy, S. Hazelton, C. Smith, C. Snyder, R. Mansfield, I?. Morgan, on the east by A. Farrington, A. Longe, S. Wiggans, on the south by University of Vermont and IDX, and on the west by Shelburne Road and is located at 1342 Shelburne Road. Copies of the application are available for public inspection at the South Burlington City Hall. July 30, 1988 Peter L. Jacob Chairman, South Burlington Planning Commission 1 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 13, 1988 Lance Llewellyn Fitzpatrick -Llewellyn Associates One Wentworth Drive Wil.l.iston, Vermont 05495 fi,e: Blodgett, Commercial Ueve.lopment Dear Mr.. Llewellyn: ZONING ADMINISTRATOR 658-7958 The SOUt.h Burlington Planning Commission approved the 29, 'L'-1 square foot Office/retail complex at 1342 Shelburne Uoad. 1 1650 gallon per day sewer allocation was granted. The S"'..50 1)"], gal],on fee must be paid prior to permit. There is suff lcient capacity at the Bartlett. Bay Sewage Treatment. Plant: to handle this increase. Sincerely, 4't-� LIZt t Jane B. Laf I c,ur, (ity Planner JE31,/me-,p PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, May 10, 1988, at 7:30 P.M. to consider the following: 1) Preliminary Plat application of Dennis Blodgett for an 18 unit planned residential development on 4.5 acres. Property is bounded on the north by G. Handy, S. Hazelton, C. Smith, C. Snyder, R. Mansfield, R. Morgan, on the east by A.Farrington, A. Longe, S. Wiggins, on the south by University of Vermont and IDX and on the west by Shelburne Road and is located at 1342 Shelburne Road. 2) Revised Final Plat of Lakewood Associates for conversion of previously approved office building to 7500 square feet of retail use, a 350 square foot patio addition for 25 additional seats and a 400 square foot addition for storage to Jake's Bar and Grill and conversion of 1384 square feet of office space to a beauty salon at Lakewood Commons. Property is bounded on the north by T. Farrell, on the west by T. Farrell (Distribution Company) on the south by A. Lewis and on the east by Shelburne Road and is located at 1233 Shelburne Road. Copies of the applications are available for public inspection at the South Burlington City Hall. April 23, 1988 1 Peter L. Jacob Chairman, South Burlington Planning Commission PLANNER 658-7955 i City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 May 31, 1988 Dennis Blodgett Blodgett Insurance Agency 1000 Shelburne Road South Burlington, Vermont 05403 Re: 1342 Shelburne Road Dear Mr. Blodgett: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the May 10, 1988 Planning Commission meeting. Please call me if ,you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl cc: Lance Llewellyn _ r � � /;= 5•D,P eEALi Y A SS U c• � � � �.; NO TES 2 QOQGEL �QEo - �j. Zp...1Ep 2ESiDE� LANDSCAPING NOTES 4, �zo.�EGT �Esc.e �� O.G W IN 7" G W• tid•5 z 15 4qv, �ovt,lt;*T IGN vl, r v I- i7-6-V—Ir u1-41 T" '� �oT Goy E�oc,E rz a / � � % v � ► � G� N fit. � � Cri-1�"j� c E ,cl,7v 2 'T/_` p L,o,_.1 - � �+ E f � c - 101.55514.1vnrt x tY t t n p� ,, bo�� ,,E�, o T T UID '-.7oTF C;O I-Suc,. 96� 4 iV4� lllt�Air ANY �l 4610 Duncan Drive Annandale, Virginia 22003 April 26, 1988 Mr. Peter L. Jacob, Chairman South Burlington Palnning Commission 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Jacob: We are in receipt of your April 23, 1988 notice about the South Burlington Planning Commission Public Hearing on Tuesday, May 10, 1988. I am sorry that it will not be possible for either my wife of me to attend tYis hearing, hence this letter. We are concerned about the preliminary plot application of Dennis Blodgett to construct an 18 unit planned residential development on ',lust 4.5 acres of land, to the east of the Commercial One zoned area at 1342 Shelburne Road in South Burlington. We, presently own property at 1 Sebring Road (lot #18, Laurel Hill South Development -- lot #7 on the map which accompanied Jane B. LaFleur's letter to me of September 28, 1987), South Burlington, Vermont. Our property abuts the east side of the property which Mr. Blodgett proposes to develop. If Mr. Blodgett were to build so many units, whether theybe free standing or cluster type units, each of them would be on, very small acreages. Not counting the area which must be taken out for streets, utilities, etc., they would average less than one -quarter acre (<10,980 square feet) per unit. With a professional background in landscape planning and design, and knowing the area in question well, I firmly believe, that to permit such a density of housing in this area would tend to lessen the property values of other houses in this particular part of South Burlington. As 14nsure you know most other houses in Laurel Hill South are built on land that is at least one and one - quarter in size or larger. Although we are sympathetic with the need for more desirable housing in South Burlington, we strongly protest any effort to crown too many residential units on too small a piece of open property in this particular area of South Burlington. We would suggest that a more modest site plan be developed which would have not more than 10 to 12 units on this particular peice of land. Sincerely yours, Samuel C. Wlggans PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 May 2, 1988 Dennis Blodgett Blodgett Insurance Company 1000 Shelburne Road South Burlington, Vermont 05403 ZONING ADMINISTRATOR 658-7958 Re: Residential PUD and Revision to Commercial Site Plan, 1342 Shelburne Road Dear Mr. Blodgett: Enclosed are the agenda and my memo to the Planning Commission. Also enclosed are Chief Goddette's and Bill Szymanski's comments. Please be sure someone is present on Tuesday, May 10, 1988 to represent your request. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Lance Llewellyn V 1) 2) CITY O1" SOUTH BURLINGPON Subdivision Application - PRELIMINARY PLAT Name of Applicant Dennis Blodgett Name of Subdivision Blodgett Property Development 3) Submit Subdivision Fee $140.00 e?A . &411A ITj 4) Describe Subdivision (i.e. total acreage, number of lots or units, tylx of land use, gross floor area for ccxrunercial or industrial uses) : 18 multi -family townhouse units in five buildings on approximately 4.5 acres with 600 (+/-) feet of public roadway. 5) Indicate any changes to name, address, or phone number of owner of record, appl.ic:.int, or contact person since sketch plan application: None 6) Name, address, and phone number of: a. Engineer FitzPatrick-Llewellyn Incorporated, One Wentworth Drive, Williston, VT 878-3000 b. Surveyor C. AttorrLy d. Plat Designer Fitz Patrick -Llewellyn Incorporated, One Wentworth Drive, Williston, Vermont 05495 878-3000 7) Indicate any changes to the Subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application. Property line adjustment per agreement with IDX. q�' 8) List nanK_,s and nk,iling addresses of owners of record of all contiguous pro1xrties: SEE SITE PLAN 9) State title, drawing number, date of original plus any revisions, and designer (s) of 'the prelirninary maps) accompanying this application: Site and Utilities plan, Details (3 sheets) 10) C X;T iSTIMNITS for.. Planned Unit Dc.-velorAuents, multi-fzunily projects, cind conunercial and industrial congilexes: (a) Buildings $1,000,000.000 (b) Landscaping $17,000 (maximum, must consider existing trees) ii', 7 (c) All Other Site Improvenxents (e.g., curb work) $60,000.00 11) E.`;T1MA'I'L a TRAPPIC for. Planned Unit Developments, multi -family projects, and cantiercial arn(l industrial eot%)lexes (2-way traffic, in plus out) : A.M. Peak hour _ g vte P.M. peak hour 10 vte Average dail traffic 105 vte `� of trucks n/a 12) Attach four copie_, of a preliminary neap showing the following infortwition: 1) Proposed subdivision n:une or identifying. title and the name of the city. 2) tt ne and address of owner of record subdivider and designer of. Prelim- ir-ory Plat. 3) NU]iiber of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas,and other essential exist- ing physical features. - 2- A) '1110 nank"s Of all 'AlWivisions ijullediately adjacent zinc] the nL-mo:s of oviners of record of adjacent acreage+. 5) The location and size of any existing sewers and water mains, culverts and drainson the property or serving the property to be subdivided. G) Location, riaixs and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately rwtintained open spxices as well as similar facts regarding adjacent property. 7) Contour line, at intervals of five feet, based on United States Geolog- ical _;(,rv('y (4atu,n of existing oracles and also of proposed finished grades where change or existing ground elevation will lx-- five feet or more. 13) W111pleLo survLry of sulxlivi!;ion tract by a licensed land surveyor. 9) Numerical are] graphic scale, date and true north arrow. 10) Details of propx)red connection with existing water supply or alternative means of providing water supply to the proposed subdivision. 11) Details of proposed connection with the existing sanitary sewage disjx)sal system or ackx]Uate provisions for on -site disposal of septic wastes. 12) If on -site sewage di shosalsystem is proposed, location and results of tests to r�.1 r.fain uhsurrace soil, rock and ground water conditions, depth to ground w;Ater unless pit:; are dry at cleptli of five feet; location and results of percolation tests. 13) Provisions for collecting and discharging storm drainage in the form of drainage plan. 14) Preliminary designs of any bridges or culverts which may be required. 15) The location of temporary markers adOduate to enable the Coriunission to loc0te readily and appraise the Ikrsic layout in the field. Unless an exiting street interjection is, shown, the distance alone a street from one corner of the property to the nearest existing street intersection sha11 be shown. -3- 16) All parcels of land proposed to be: dedicated or reservLNI for public use and the conditions of such dedication or reservation. 13) Develolxnental tinctahle (includinY nwrdx.r of phases, and start and Completion da tes ) A.S.A.P. 14) List the waivers applicant desires from the requirements of these regulations: 45' buffer at north property (approved at sketch plan) 20' setback from proposed roadway R.O.W. 15) Attach a vicinity ncip showing the following: 1) All existing sukxlivis�'ions, approximate tract lines and acreage of adjacent parcels, together with the nar►►es of the record owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the prol.x)secd sud:xlivi:.ion. 2) Locations, widths and names of existing, filed or proposed streets, curb cuts, easements, building lines and alleys pertaining to the proposed sub--; division and to 'the adjacent prope-sties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indicatfun of the future probable street .system of the remaining portion of the tract, if the Preliminary Plat submitted covers only r--�Art of t1le subdivider's entire holding. ' tt� V.� ALE ll.�l. __ 4 (signatu applicant or contact person date da-. PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 March 5, 1988 ZONING ADMINISTRATOR 658-7958 Dennis Blodgett Blodgett Insurance Company 1000 Shelburne Road South Burlington, Vermont 05403 Re: 1342 Shelburne Road Dear Mr. Blodgett: Enclosed are the minutes of the February 23, 1988 Planning Commission meeting. Please call me if ,you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl cc: Gerry Milot Lance Llewellyn CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Dennis Blodgett, 1000 Shelburne Road, South Burlington, Vt. Gerald Milot, 925 AlA, Hillsboro Beach, Florida b. Applicant same as above c. Contact person Lance Llewellyn, FitzPatrick-Llewellyn Incorporated Skip McClellan, FitzPatrick-Llewellyn Incorporated One Wentworth Drive. Williston, Vermont 05495 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 18 multi -family townhouse units in five buildings on approximately 4.5(+/-) acres. 600(+/-) feet of public roadwa 3) Applicant's legal interest in the property (fee simple, option, etc) Owners 4) Names of owners of record of all contiguous properties 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Proposed public R.O.W. for Holmes Road Extension 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. i Extension of Holmes Road with munici al sanitar sew and storm drainage collection system from terminus of previously approved commercial pro'ect 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed sub- division, and include the dates of such actions: 8) Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and cove- nants. 4) Type of, location, and approximate size of existingand utilities, and open space. proposed streets, 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Signature) applicant or contact l person date W\c - b� cam OIL,U) vR41 - 6zll a t amens cj- C�h� Peh 6e &'L&� � � ^n�v �b� vck�o3F �► utiC�� S�xl.�.- � �1 rW Z` GNU-►�' �-o �Q,i, I�.� � a hotran�s y looe roadl 4 aae-MvCI f{alrna� a sd- NO c�..6.s �Kh ( so-� .<..� f dq,.r - (cmo vc a 511. K Cc4 6)A atl sc ccc l P-vA I-,,y � pD v Icf<- w'l,-) ' C4� City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 February 19, 1988 Dennis Blodgett Blodgett Insurance Agency 1000 Shelburne Road South Burlington, Vermont Re: PUD, 1342 Shelburne Road Dear Mr. Blodgett: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my memo to the Planning Commission. Also enclosed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, February 23, 1988 to represent your request. Sincerely, J6 . Jane B. Lafleu , City Planner JBL/mcp Encls cc: Lance Llewellyn Gerry Milot City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 12, 1989 Lance Llewellyn Fitzpatrick -Llewellyn Associates One Wentworth Drive Williston, Vermont 05495 Re: 18 Unit PRD, Holmes Road Dear Lance: ZONING ADMINISTRATOR 658-7958 Enclosed are my notes regarding the approval motion for the Preliminary Plat application for the above referenced project. Please keep in mind that the exact wording of the approval motion may be slightly different. I will send you the minutes of the meeting as soon as they are available. Sincerely, i Joe Weith, City Planner 1 Encl JW/mcp