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HomeMy WebLinkAboutVR-02-01 - Supplemental - 0002 Brigham Road{7R 1 j, � ROAD PROPOSED 5 �nw SEWAGE TREATMENT PLANT NN 160 288'' 0 7" E F 1� 38.25 d )H / C (ib 13,380 ft 0.31 Acre / S C A L E TING 21' R. 0. W t3« DATA N p= II° 27' 54 R= 885.29' ° T = 86.6 �- L = . 75' �i>a, N C = 176.45' cr m; 2 25.00' \N 20' 13' 2 /9" E A 4 40 80 120 160 0 4� h SCOT, 'l�,• D. TAYLOR �[ NO.4e49 1 8 G 11✓Vd �1 -1I 126 130 DRAWN DATE R M D 7-12-78 CHECKED SCALE 1.i S DT I"=40' APPROVED A PROJECT SHEET _7144 1 of 5 THIS PLAT IS BASED UPON A THEODOLITE ANC EVIDENCE FOUND IN THE FIELD, AND INFORMATION THE SOUTH BURLINGTON LAND RECORDS. I HEREBY CERTIFY THAT THIS PLAT IS A TRU OF A SURVEY AND IS CORRECT TO THE BEST 0 PLAT OF SUBDIVISION TRONO CONSTRUCTION , INC. SOUTH BURLINGTON • VERMONT METERS MULTIPLY FEET TIMES 0.3048 WILLISTO: TQIInci i P-nNCIIt Ti INA FNAlNFFR4_ Inc.- g07"E - ROAD N 160 28'0 7 E T--itmmm 8.251 CD T ,4b � rn 1 Z- 2� CA O CA I ZZ4' oi� G "F� FROM T/frS pT, 0 p. PROPO SE � . 5 . E S TIl.., G 2 t R. loom 0• W _ 8 Lo —s6� vie— co�vTo u � WAY Cp LANE `� 01 �U _ a GA RAC��' 7� do 010. r A/onG P P,L, 225.001 r oRtRp N �i0,I x 11 13 29 E -� - c�CJOL TTS 1-40uS� 2 L5 RZG HAPI RP.,, -So• eUAL ,,, VT, pW1\1C7IZ — RU/V f}LD C14A ILL 0 E O KAw/V 2/0/% 2 By T Tr GB C T ��tiu :� .��. ����� �� � ���1 b2 ��`L /h. � I,�,� dt.La�cr�(� Y'� �'�-D2-�� January 29, 1980 Mr. J. Peter Trono 65 Thibault Parkway Burlington, Vermont 05401 Re: Lot IA & 1B, Brigham Road Dear Mr. Trono: This office has been informed that you recently sold lot lA to a David and Sandra Tremblay, and that the sale did not include lot 1B. As you are aware the Manning Commission granted sub -division approval with a stipulation that lot 1B be considered a part of lot LA. The fact that you conveyed the property to the Tremblay's without lot 1B does not appear to be violating the stipulations setforth by the Planning Commission, however, lot 1B is not deemed an acceptable building lot. By means of this letter, we wish to place you on notice that the City does not consider lot 1B as a building lot and that any request to develop the lot will involve a re s.u12xti.sA4.QnMmo the Planning Commission plus the Zoning board of Adjustment due to the fact that the lot is substand4rd, to the C ity's zoning requirements. If you have any questions feel free to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg cc: Mr. & Mrs. David Tremblay. Fai.rlee, VT 05045 Attorney Robert Roesler, 186 College Street, Burlington, VT 05401 Attorney Thomas Donavan, 192 College Street, Burlington, VT 05401 State of Vermont WATER SUPPLY & WASTEWATER SYSTEM PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8,1996 Case Number: WW-4-1645 PIN: EJ02-0161 Landowner: Ronald Charlebois Address: 56 South Street Burlington, Vermont 05401 This project, consisting of removing Deferral Permit # DE-4-0315 for the as -built construction of one existing single family residence, served by municipal water and wastewater services, located off Brigham Road in South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Department of Environmental Conservation, Water Supply Division — telephone (802) 241-3400, and local officials Prior to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by J. Tibbetts which have been stamped "approved" by the Wastewater Management Division: Project: "Tibbetts House, 2 Brigham Rd., South Burlington., Vermont, Owner Ronald Charlebois" dated February 1, 2002. 3. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 4. No alterations to the building, other than those indicated on the approved plan, and/or Water Supply and Wastewater System Permit, which would change or affect or the exterior water supply, or wastewater disposal, or the approved use of the building shall be allowed without prior review and approval from the Wastewater Management Division. 5. 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 the Vermont environmental and health statutes and regulations. 6. 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. 7. This permit shall supersede Deferral of Permit #DE-4-0315, thereby rendering it null and void. The Wastewater Management Division reviewed and approved the water and wastewater disposal systems under 10 V.S.A., Chapter 64 — Potable Water Supply and Wastewater System Permit. 9. This permit shall in noway relieve you of the obligations of Title 1-, Chapter 48, Subchapter 4, for the protection of groundwater. 10. This project has been reviewed and approved for the as -built construction of one single family residence on the lot. Construction of other type structures or dwellings, including public buildings, duplexes, condominium units, or commercial buildings, is not allowed without prior Water Supply & Wastewater System Permit WW-4-1645 Ronald Charlebois Page 2 review and approval by the Wastewater Management Division, and such approvals will not be granted unless the proposal conforms to the applicable laws and regulations. 11. 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 of local personnel. WATER SUPPLY 12. The project is approved for water supply by connection to the City of South Burlington municipal water system as depicted on the approved plans. No other means of obtaining potable water shall by allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 13. The project is approved for wastewater disposal by the construction of a connection to the Bartletts Bay wastewater treatment facility as depicted on the approved plans. The project is approved for a maximum of 450 gallons of wastewater per day. No other method, or location of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division. Dated at Essex Junction, Vermont on August 16, 2002. Christopher Recchia, Commissioner Department of Environmental Conservation By QA/Y l AIV M-J,- Ujj, LP Jessanne Wym Environmental Analyst III C For the Record South Burlington Planning Commission & Select Board Jonathan Tibbetts (31 Hillcrest Road, Rutland, VT 05701) 1 State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Ernironmental Conservation July 29, 2002 Ronald Charlebois 56 South Street Burlington VT 05401 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802) 879-5656 Subject: WW-4-1645 -- Remove D-4-0315 for Lot 1B a .31 acre parcel with existing two bedroom single family dwelling with municipal water & sewer located on Brigham Road in South Burlington, Vermont Dear Applicant: I have reviewed the resubmittal for the above referenced project. Unfortunately, there were items that were not included or were insufficient and I was unable to determine if this project meets the minimum standards of the Environmental Protection Rules. When approving a lot for a single family residence our regulations require a minimum of 450 gallons per day for a three bedroom residence. The municipal approval letters state 300 gallons per day are approved. Please submit revised letters from the municipality stating either 450 gallons per day are allocated. Another option is to have the letter not have any reference to gallons and just state the lot is approved for a single family residence. If you have any questions as to what is needed, please contact me. Once I receive the information requested, I will continue my review of the project. Please respond within sixty (60) days from the date of this letter. Resubmittals that are incomplete, or made after sixty days may result in the denial of the project. Sincerely, Jessanne Wyman Environmental Analyst III City of South Burlington Planning Commission Jonathan Tibbetts TDD: 1-800-253-0191 Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury 100% Processed Chlorine Free C CITY OF SOUTH BU LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 7, 2002 Mr. John Tibbetts 31 Hillcrest Road Rutland, VT 05701 BY FAX 655-5046 RE: Wastewater Allocation, SF Residence 2 Bringham Road Dear Mr. Tibbetts, This letter will serve as an amended final allocation of a total of 450 gallons per day of municipal wastewater capacity for your single-family residence at 2 Bringham Road in South Burlington. Previously, this office had issued an allocation of 300 gallons per day. With this increase to 450 gallons per day, an additional fee of $690.00 is now due. This allocation recognizes that your home currently has two (2) bedrooms. The allocation of 450 gallons per day of wastewater capacity is sufficient for three (3) bedrooms. Therefore, if at any time you would like to seek zoning approval to add one (1) additional bedroom to or within your residence, you will not need an additional wastewater allocation from the City. We recommend you keep this letter for your records. Please call me if you have any questions. Sincerely, r' `Juli Beth Hoover, AICP Director of Planning & Zoning cc: Irene Rober Wastewater Management Division (by fax) ph. 'ii e 5&5( I C I w'Y OF S O 12TH B URLINGTON DEPARTMENT OF PLA,NNINC & ZONING 575 DORSDT STREET SOt ITI I BURL11vGT0N, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 28, 2002 Mr. John Tibbets 31 Xiillcrest Road Rutland, VT 05701 BY FAX 655-5046 Dear Mr. Tibbets, This letter ill serve as a final allocution of 300 gallons per day of municipal wastewater capacity for your single-family home at 2 Bringhman Road in South Burlington. This represents an allocation for two bedrooms at 150 gallons per day apiece. Thaazk you for paying your fees in advance. Please call me if you have any questions. Sincerely, uli Beth Hoover, AICP Director of _ .arming & Zoning Department of Fish and 'Nildlife Department of Forests, parks and Recreation Department of Environmental Conservation July 29, 2002 Ronald Charlebois 56 South Street Burlington VT 05401 I AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802)879-5656 Subject: WW-4-1645 -- Remove D-4-0315 for Lot 113 a .31 acre parcel with existing two bedroom single family dwelling with municipal water & sewer located on Brigham Road in South Burlington, Vermont Dear Applicant: I have reviewed the resubmittal for the above referenced project. Unfortunately, there were items that were not included or were insufficient and I was unable to determine if this project meets the minimum standards of the Environmental Protection Rules. When approving a lot for a single family residence our regulations require a minimum of 450 gallons per day for a three bedroom residence. The municipal approval letters state 300 gallons per day are approved. Please submit revised letters from the municipality stating either 450 gallons per day are allocated. Another option is to have the letter not have any reference to gallons and just state the lot is approved for a single family residence. If you have any questions as to what is needed, please contact me. Once I receive the information requested, I will continue my review of the project. Please respond within sixty (60) days lom the date of this letter. Resubmittais that are incomplete, or made after sixty days may result in the denial of the project. Sincerely, �Wovw Q\4�� Jessanne Wyman Environmental Analyst III City of South Burlington Planning Commission Jonathan Tibbetts TDD- 1-800-253-0191 100% Processed Chlorine Free Regional Offices - 3alre/Ecs^'t ;ci;Pittsford/Rutland/Springfie ld/St Johnsbury 575 Dorset Street Phone: 846-4106 Fax: 846-4101 Fcvc To: Mr. Jonathan Tibbets From: Stephanie A. Smith Fax: 655-5046 Date: Aprif 4, 2002 Phone: Pages: 2 Re: CC: Re: 2 Brigham Road, Variance request Dear Mr. Tibbets : Please notify staff at planning and zoning if the lot to the south of 2 Brigham Road is part of this parcel. Please, also find attached the preliminary comments on the above referenced application. The project is currently scheduled to be considered by the Development Review Board on April 16, 2002. If you wish to respond to these comments or submit additional information, please do so no later than April 9, 2002. Please be sure that someone is at this meeting to represent your application. If you have any questions, please feel free to give me a call. Sincerely, Stephanie A. Smith Associate Planner City of South Burlington, Planning & Zoning 9 07 E J 1 0 ROAD PROPOSED •O.W o u E S 1 N 16 2s�,07 E T� G 21� R. 8.25 SFwER G. NE � 1 8r -4 � 2 ` IiNE oU R S6 --� WA Y CA LGA � o �� Ndo � N m F oMrr FFN 8 - - -- ---- P7, NoRt A/o/tra PAO A l 225.001 N 200 13' 29 E u. =Zv' f MOTION OF APPROVAL JONATHAN TIBBETTS—VARIANCE, 2 BRIGHAM ROAD I move the South Burlington Development Review Board approve variance request VR- 02-1 of Jonathan Tibbetts requesting a variance from Section 25,00, Area, Density and Dimensional Requiremnts, of the South Burlington Zoning Regulations. Request is for permission to allow a 27.5 x 56 foot single family dwelling with attached garage and screen porch to project 33 feet into the required 50 foot front yard setback and project 10 feet into the required 25 foot side yard setback requirement, 2 Brigham Road, as depicted on a plan entitled "Tibbetts House 2 Brigham Rd., So. Burl., VT." prepared by J. Tibbetts, dated 2/01/02, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The applicant has proven the need for the variance by addressing the five following Variance Criteria: a) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulation in the neighborhood or district in which the property is located. The particular lot is shallow in that it is only 58 feet deep. The setback requirements for the front and side would take up 75 feet resulting in no space available for construction of a structure. b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulation and that the authorization of a variance is therefore necessary to enable the reasonable use of the property. Applying the setback requirements results in no space available for construction of any structure whatsoever. c) That the unnecessary hardship has not been created by the appellant. This is a pre-existing small lot not created by the appellant. d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare; This property is located within a residential neighborhood with no adjoining residences. The variance would not impair the use or development of the adjacent property or reduce access to renewable energy resources. e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and from the plan. The Board has determined the requested structure is of a reasonable size therefore the variance requested represents the minimum variance that will afford relief. 3) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 4) Any change to the site plan shall require approval by the South Burlington Development Review Board. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April II, 2002 Jonathan Tibbetts P Hillcrest Road Rutland, Vermont 0570I Re: z Brigham Road Dear Mr. Tibbetts: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure that someone is at the meeting on Tuesday, April 16, zooz at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely, Raymond J. Belair Administrative Officer Encl./td l PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, April 16, 2oo2, at 7:30 P.M. to consider the following: i. Final plat application #SD-02-15 of Pizzagalli Properties, LLC to subdivide a 7.88 acre parcel into two (2) lots of 4.52 acres and 3.36 acres, 75o Hinesburg Road. 2. Final plat application #SD-02-21 of Farrell/Morrissey Development Company, LLC to amend a planned unit development consisting of: i) a 95 room hotel, 2) 16o residential units in four (4) buildings, 3) a 130 unit congregate housing facility, 4) subdividing two (2) parcels of 24.458 acres into eight (8) lots, 5) a 9o,000 sq. ft. building which will include ii,000 sq. ft. of retail, i5o seat 7,5oo sq. ft. restaurant, 70,000 sq. ft. of general office, 2,500 sq. ft. of drive -in -bank, and ten (to) residential units, 6) a 7,200 sq. ft. addition to an indoor recreational facility, and 7) an existing 16,000 sq. ft. television studio and office building. The amendment consists of: i) relocating a utility but (PCH), 2) reconfiguring the utility casement in connection with the PCH, and 3) subdividing Bacon Street from lot #i, Farrell Street. 3. Preliminary plat application #SD-02-19 of Chamberlain-Mucklow to amend a plan for a 17,036 sq. ft. retail building. The amendment consists of developing the property into a commercial warehouse complex consisting of:1) converting the existing 16,o5o sq. ft. building to a temperature controlled storage facility, 2) removal of existing pole structures, and 3) construct 35,800 sq. ft. of warehousing, storage and distribution use in six (6) buildings, 123 Nesti Drive. 4. Application #VR-02-01 of Jonathan Tibbetts seeking a variance from Section 25.00, Area, Density and Dimensional Requirements, of the South Burlington Zoning Regulations. Request is for permission to allow a 27.5 ft. x 56 ft. single family dwelling with attached garage and screen porch to protect 33 feet into the required 50 foot front yard setback requirement and project io feet into the required z5 foot side yard setback requirement, 2 Brigham Road. 5. Appeal #AO-02-02 of Robert J. Perry, Trustee appealing the decision of the Administrative Officer to issue Notice of Violation #NV-02-07 alleging that land development (filling) has taken place without a zoning permit, 30 & 37 Economou Farm Road. Copies of the applications are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board March 30, 2002 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April ii, zooz Vermont Railway i Railway Lane Burlington, Vermont 0540I Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6 or attend the schedule public hearing. Sincerely ay and J. Belair Administrative Officer Encl./td C l CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number. A-�- APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. Type of application check one: ( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) Request for a conditional use 04Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) �• S /o t / c ref- .5-efb a S,, s:e 1-6c,,cKr, WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU PEALING? 1) OWNER OE RECORD a as shown on deed, mailing 0 address, phone and fax #) 1 o ` =E st it O.sy 01 D A , r 4-oyo FAx A--';-S-01Y 2) LOCATION OF LAST RECORDED DEED (Book and page #) V01• �& 3) APPLICANT (Name, ::;/ IfIll(cae57- 4) (CONTACT PERSON �a7it�T a ma.1in/q¢ address, phone and fafx� #) J p tci u ' 6 b /if 1 ��l�l1 ireJtS YV.( lL�YIrX. If*• t.S-/o` /la. PA . AS (-rn O 5) PROJECT STREET ADDRESS: 6) TAX PARCEL ID # (can be obtained at Assessor's Office) O aV o— , 0 00 �;tL— - C 7) PROJECT DESCRIPTION -/— a) Existing Uses On Property (including description and size of each separate use) g/� / y � _ b) Proposed Uses on property (include description and size of each new use and existing uses to remain) N SL4" s,'A- u,v 1 C� v D (yLl Y S g "g'q_e c) Total buildsng square fooeage on properly (proposed buildings and existing buildings to remain) d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Q F -T, d /V � E:7/y-: /{ e) Number of residential units (if applicable, new units and existing units to remain) ©M E f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8) LOT COVERAGE a) Building: Existing Q % Proposed% b) Overall (building, parking, outside storage; etc) Existing_% Proposed I 't % c) Front yard (along each street) Existing % Proposed (does not apply to residential uses) 9 4 9) COST ESTIMATES a) Building (including interior renovations) b) Landscaping: $ c;L OVU $ UOVU If a 1 c) Other site improvements (pleale list with cost): 10,0 0 % ��enC a �aM G 1z Cc J vjcc� ON.,0 LAJ . ZOZM 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 14,) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). QA; f- V"�i Ra('fwct r lZG� V L-2� 1 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. n GNATURE OF APPLICANT ATM 1RE OF PROPERTY Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date 4 "PUS IC HEARING j SOUTH BURLINGTON ` DEVELOPMENT �. REVIEW BOARD The otitf Burlington Development Review Board will hold a public hearing at the South Bur- lington City Hall, Confer - Once Room, 575 Dorset Street, South Burlington, Vermont on Tuesda April 16, , 2002, at 776 PAA to consider the fol- lowing• 1 Final plat application #SD-02-15 of Pizzagalli Properties, LLC to subdi- vide a 7.88 acre parcel into two (2) lots of 4.52 acres and 3.36 acres, 750 Hinesburg Road. 2. Final -plat application #SD-02-21 of Farrell/Mo- rrissey Development Company, LLC to amend a planned unit develop- ment consisting_ oh 1) a 95 room hotel, 2) 160 re- sidential units in four (4) buildings, 3) a 130 unit congregate housing facil- ity, 41 subdividing two - (2) parce s of 24 458 acres_ into eight (8) lots, 5) a 90,000 sq. ft, building which will include 11,000 sq. ft, of retail, 150 seal 7,500 sq, ft, restaurant, 70,000 sq. ft. of general office, 2,500 sq ft. of drive -in -bank, and ten (10) residential units, 6) a 7,200 sq, ft. addition to an indoor recreational fa- cilityy, and 7) an existing 16,000 sq ft television studio and office budd- ing.- The amendment consists of: 1) relocating a utility but (PCH) 2) re- configuring the utility easement- In connection with the PCH, and 3) subdividing Bacon Street from a lot #1, Farrell Street 3. Preliminary plat appli- cation #SD-02.19 of Chamberlin-Mucklow to amend a plan for a 17,036 sq ft. retail build- ino The amendment consists of developing the property into a com� meIclaf warehouse com- plex consisting of: 1) converting the existing 16,050 sq. ft building to a temperature controlled storage facility, 2) re- moval of existing pole structures, and 3) cons- truct 35,800 sq ft, of wa- rehousing, storage and distribution use in six (6) buildings, 123 Nest! Drive 4 Application # VR-02- 01 of Jonathan Tibbetts seeking a variance from Section 25 00, Area, Density and Dimensional Requirements, of the South Burlington Zoning Regulations. Request is for permission to allow a 27.5 ft x 56 ft single family dwelling with at- tached garage and screen porch to protect 33 feet into the required 25 foot side yard set- back requirements, 2 Bingham Road 5 Appeal #AO-02.02 of Robert J. Parry; Trustee appealing the decision of the Administrative Offic- er to issue Notice of Vic- latlon #NV-02-07 alleging that land development (fi- lling) has taken place wi- thout zoning permit, 30 & 37 Fconomou Farm Road. Copies of the applica- tions are available for public Inspection at the South Burlington City Hall John Dinklacie. Chairman Sorith Burlington Development Review Board March 30, 2002 AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL.BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS / PRE -APPLICATION REVIEW RESPONSE DATE //JJ ,((� �I�'�� PENDING APPLICATION #_ WW- - /(o_ DISTRICT TOWN .,y ar# 24u�V6fyKV P I N # �- 0�i OWNER OF PRZ'.'d CT SITE:: , NAME: C.NiM'-6'/S ADDRESS: . z Sl�Il�rr uJel- A IVAN 0- 05yo / TELEPHONE: r%;l dSS-Soto PROJECT: APPLICANT OR REPRESENTATIVE: NAME: w&;1WfV %1WI73 ADDRESS: ✓4,1 acwr 'od iaiuy4, Vr e5yol TELEPHONE: zfVA) 793 - 6/a5- Based on information provided by received on a project was reviewed on a tract/tracts of land of �_ acres, located on &16 ' rid . The project id generally described as: ,����' D-�/-o3[S ,Co> 18(s3/�) cvrrH E�iJna/G a ��Lao�y Si�t/C•lE fhw/i[y ,Q65�rlEx.e�j Mu�vr u�,�c �rL�2 Av.Otdc� Prior Permits From This Office: PERMITS NEEDED NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. S C. 7(C)). 11 Commercial, residential or municipal project? Has the landowner subdivided before? When/where/# f lots AN ACT 250 PERMIT IS REQUIRED: YES �O; Copies sent to Statutory Parties: YES NO Comm ENVIRONMENTAL COMMISSION U DISTRICTS #4,6 &9 111 WEST STREET ESSEX JUNCTION, VT 05452 SIGNATURE: DATE: � G�i L• ADDRESS: tnct Coordinator Telephone: (802)879-5614 0STEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED ✓YES NO Water Supply & Wastewater Disposal/Permit Deferral Language Required in Deed Floor Drains REGIONAL ENGINEE~R"AS�SIG'�NJED: b�C3S�¢�/,r/E GUr�iKA� n%-3h1-4 AGENCY OF NATURAL RESOURCES DEPT. OF ENVIRONMENTAL SIGN TURF: m ' DATE: ? /S 0� ADDRESS: CONSERVATION Environmental Assistance Division, Permit Speciali elephone: (802)879-5676 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION, VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION BY THE PERMIT SPECIALIST REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802.241-3822) Contact: Discharge Permit; pretreatment permits; industrial, municipal Underground Injection Wells (UIC) (241-4455) Indirect Discharge Permit Residuals management (sludge disposal) (241-4455) OVER OTHER PERMITS AND REVIEWS YOU MAY NEED: (Continued) 4. AIR POLLUTION CONTROL DIVISION, ANR (888 520-4879) Contact: Construction/modification of source Open Burning Wood Chip Burners (z90HP) Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines (> 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400)(800 823-6500 In VT) Contact: New Hydrants >500' of Waterline Construction Community Water System (CWS) Bottled Water Transient Non -Community Water System (TNC) Capacity Review for Non -Transient Non -Community Water System (NTNC) 6. WATER QUALITY DIVISION, ANR Contact: River Management (241-3770) Stormwater Permits (state and federal, UIC) (241-3770) Shoreland Encroachment (241-3777) Aquatic Nuisance Control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate (241-3770) Stream Alteration (879-5631) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Notification of Regulated Waste Activity (241-3888) Underground Storage Tanks (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Asbestos Disposal (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) Composting Facilities (241-3444) Waste oil burning (241-3888) Used septic system components/stone 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 MUNICIPAL COMPLIANCE ASSISTANCE PROGRAM Contact: John Daly 802-241-3471 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage Program (Threatened & Endangered Species) Stream Obstruction Approval 11� EPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# 879-2300 Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Storage of flammable liquids, explosives LP Gas Storage —� Plumbing in residences served by public w er/s wer with or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (800 649-2642) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2053) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2710) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. PUBLIC SERVICE DEPARTMENT Energy Efficiency Division(800-642-3281 In VT;802-828-4056)_VT Building Energy Standards 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802.828-2551) Business taxes (sales, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise taxtsolid waste 2. CAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERSA Carmichael Street, Suite 205, Essex Jct, VT 05452 (802)872-2893 24. OTHER: PRS REV. 7/02 _Sections #3424 above have been completed by the Permit Specialist: Date: { State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation July 11, 2002 Ronald Charlebois 56 South Street Burlington VT 05401 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802) 879-5656 Subject: WW-4-1645 -- Remove D-4-0315 for Lot 1B a .31 acre parcel with existing two bedroom single family dwelling with municipal water & sewer located on Brigham Road in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #1389 on June 26, 2002, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. Sincerely, Irene . oberge DEC Regional Office Coord. City of South Burlington Planning Commission TDD: 1-800-253-0191 100% Processed Chlorine Free Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 28, 2002 Mr. John Tibbets 31 Hillcrest Road Rutland, VT 05701 BY FAX 655-5046 Dear Mr. Tibbets, This letter will serve as a final allocation of 300 gallons per day of municipal wastewater capacity for your single-family home at 2 Bringhman Road in South Burlington. This represents an allocation for two bedrooms at 150 gallons per day apiece. Thank you for paying your fees in advance. Please call me if you have any questions. Sincerely, uli Beth Hoover, AICP Director of Planning & Zoning DEVELOPMENT REVIEW BOARD 16 APRIL 2002 PAGE 6 Ms. Quimby moved to approve variance request #VR-02-01 of Jonathan Tibbetts subject to the conditions in the draft motion. Mr. Boucher seconded. Motion passed unanimously. 10. Public Hearing: Preliminary Plat Application 4SD-02-19 of Chamberlain- Mucklow to amend a plan for a 17,036 sq. ft. retail building. The amendment consists of developing the property into a commercial warehouse complex consisting of. 1) converting the existing 16,050 sq. ft. building to a temperature controlled storage facility, 2) removal of existing pole structures, and 3) constructing 35,800 sq. ft. of warehousing, storage and distribution use in six buildings, 123 Nesti Drive: Ms. Murdoch said there will be 7 buildings instead of 6 because of the transformer. They will also have to move the sign because of the Shelburne Road expansion. Two units have been removed from Building B and G and building G has been moved back. The buildings are now in compliance. They just got a letter from the new Fire Captain asking for 2 hydrants and to sprinkler the temperature controlled building. They are working with the Captain regarding the hydrants. Mr. Mucklow said the buildings are metal and will have fire walls between. Mr. Dinklage said this can be worked out at Final Plat. Mr. Boucher moved to approve Preliminary Plat #SD-02-19 of Chamberlain- Mucklow subject to the stipulations in the draft motion of 16 April, amended to show 7 buildings instead of 6 and to show the existing building as 16,000 sq. ft. instead of 16,050 sq. ft. Ms. Quimby seconded. Motion passed unanimously. 11. Public Hearing: Final Plat Application #SD-02-21 of Farrell/Morrissey Development Company, LLC, to amend a planned unit development consisting of: 1) a 95 room hotel, 2) 160 residential units in four buildings, 3) a 130 unit congregate housing facility, 4) subdividing two parcels of 24.458 acres into eight lots, 5) a 90,000 sq. ft. building which will include 11,000 sq. ft. of retail, 150 seat 7500 sq. ft. restaurant, 70,000 sq. ft. of general office, 2500 sq. ft. drive-in bank, and ten residential units, 6) a 7200 sq. ft. addition to an indoor recreational facility, and 7) an existing 16,000 sq. ft. television studio and office building. The amendment consists of: 1) relocating a utility but (PCH), 2) reconfiguring the utility easement in connection with the PCH, and 3) subdividing Bacon Street from lot #1, Farrell Street: Mr. Belair said he had no issues with the PCH changes or Bacon St. subdivision. DEVELOPMENT REVIEW BOARD 16 APRIL 2002 PAGE 5 Mr. Dinklage said the concern is how it will ever get developed to the end of the property. Mr. Belair said there is no other lever to get it done. Members indicated they wanted it all done now. Mr. Bouchard said that will mean there is a hydrant in the middle of a field with a right-of-way. Ms. Quimby moved to approve Final Plat Application #SD-02-15 of Pizzagalli Properties, LLC, subject to the stipulations in the draft motion of 16 April 2002. Mr. Boucher seconded. Motion passed unanimously. 8. Sketch plan application #SD-02-16 of Hubbard Construction, Inc., to amend a planned residential development for 296 residential units and an 18 hole golf course. The amendment consists of converting 3 single family lots into 2 single family lots by dissolving the boundaries of lot #121, Golf Course Road: No issues were raised. The Board agreed to combine preliminary and final plat into one hearing. ng. Application 4VR-02-01 of Jonathan Tibbitts seeking a variance from Section 25.00, Area, Density and Dimensional Requirements of the South Burlington Zoning Regulations. Request is for permission to allow a 27.5 ft. x 56 ft. single family dwelling with attached garage and screen porch to project 33 feet into the required 50 foot front yard setback requirement and project 10 feet into the required 25 foot side yard setback requirement, 2 Brigham Road: Mr. Tibbitts reviewed the history of the property. He noted that when Trono Construction bought the property in 1977, they also bought the lot across the street. These were separate lots. Mr. Dinklage asked if there are parcels in the city that are bisected by a road that are considered one lot. He wanted to know how the city allowed this lot to be created. Mr. Belair said that when Brigham Rd. was connected, it left this narrow strip of land between the road and the railroad. This pre -dated city zoning. Mr. Belair said the only issue he can see is whether this is the "minimum variance needed." He felt something smaller (without a porch) could be built. But he noted there are no adjoining neighbors. Mr. Tibbitts said the house is in keeping with the size of houses in the neighborhood, 1500 sq. ft. plus garage. Members had no problem with this. DEVE LO?MENT REAVIE I BOARD IMEMO April 16, 2002 INETIND 5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and from the plan. The Board needs to determine whether this proposal would represent the minimum variance. It other words, could the size of the house be smaller? And is a garage necessary to enable a reasonable use of the property? The Board could approve the variance with conditions that could include reducing the size of the house, reduce the size of the garage or eliminate it altogether and/or eliminate the porch. Staff recommends approval of the variance. IQ) CELANMERLA4T-MUCK .,OW PREL dATRY PLAT—WAREHOUSES,123 NESTI DRIVE The request is to amend a site plan for a 17,036 sq. ft. retail building. The amendment consists of developing the property into a commercial warehouse complex consisting of : 1) converting the existing 16,050 sq. ft. building to a temperature controlled storage facility, 2) removal of existing pole structures, and 3) constructing 35,800 sq. ft. of warehousing, storage and distribution use in six (6) buildings. Sketch plan was reviewed at the 1/22/02 DRB meeting (minutes enclosed). This project located at 123 Nesti Drive lies within the C2 District. It is bounded on the north by Nesti Drive on the east and south by commercial property on the west by south by State of Vermont railroad tracks. Access: Access is via a private 40' ROW from Shelburne Road. Coverage/setbacks: Building coverage is 30.4% (maximum allowed is 30%). Overall coverage is 66.8% (maximum allowed is 70%). Proposed front yard coverage is 14.1 % (maximum allowed is 30%). The final plat plan should not exceed the 30% building coverage limitation. Parking: This project requires a total of 4 parking spaces. Two spaces for office, one for non -office employee, and one accessible parking space. The applicant is providing 8 spaces; two are handicap accessible. A bike rack is provided as required Traffic: This property's current use generates 118.86 vehicle trip ends (vte's) as estimated by ITE. This property is in Traffic Overlay Zone 5 which allows this property to generate a maximum of 194.5 vte's during the P.M. peak hour. The estimated vte's during the P.M. peak hour for the new use is 13.48 calculated from ITE. This represents a 88% reduction in vte's. Lighting_ Proposed wall lighting is 100 watt, metal halide light fixture, which reflects light back onto the wall of the building. The proposed pole fixtures are 12 feet in height, 100 6 1 DEVELCPIVIaNT RIEVMW BOARD MEMO April 16, 2002 IMEETIIING Lot size/Frontage: The lots meet the minimum lot size requirement of 40,000 sq. ft. for the I-C District. Lot A has 233 feet of frontage on Hinesburg Road. Lot B has 300 feet of frontage on the proposed road. The minimum requirement is 200 feet. Traffic Overlay .Zone: This property is located in Traffic Overlay .Zone 5 which allows the two combined lots to generate a maximum of 220 vehicle trip ends (vies) during the p.m. peak hour. Recreation Path: The applicant is proposing an eight (8') foot wide recreation path within the proposed City ROW. South Burlington Water Department: The applicant should be aware that they must be in compliance with all South Burlington Water Department recommendation prior to obtaining a zoning permit. C.O. District: The survey plat and site plan show the C.O. District/wetland buffer. Landscaping: The applicant should not propose street trees on top of the water main Li tines: The applicant should provide cut sheets of proposed street lighting. Other: The proposed street name is Tilley Drive, 3) IIlUBBARD CONSTRUCTION, ENC.—AMENDMENT TO A FINAL PLAT, GO L.IF CODE ROAD The project consists of amending a planned residential development for 296 residential units and an 18-hole golf course. The amendment consists of converting three undeveloped single family lots into two single family lots, by dissolving the boundaries of lot # 121, Golf Course Road. This property at Golf Course Road is located in the Southeast Quadrant District. It is bounded on all sides by single family residential units. Access: Access is provided via a public road. Lot size/Frontage: The lot size and frontage of lots #120 and # 123 are increasing with the dissolution of lot # 121. 9) JONATHAN TIi)BIBETIfS — SENGLE FAMILY ItDWEELLPiG — VARIANCE This application consists of a request for a variance to construct a 56' x 27.5' single family dwelling with an attached 21' x 2l' garage and 12' x 14' screened porch. The lot is currently undeveloped. The proposed structure would project 33 feet into the required 7 To: Applicants From: Stephanie Smith, City of South Burlington RE: Project Staff Notes Date: April 3, 2002 Re: Variance of Jonathan Tibbets, 2 Brigham Road Overview: Variance request of Jonathan Tibbets, for 2149 square foot single family dwelling, 2 Brigham Road. Issues: ■ Staff needs to know if the lot to the south (0270-00010) is part of this parcel. ■ The site plan should be revised to include a north arrow, a title block (including information on who prepared the drawing, location of property, owner of property, date of when the site plan was created, and a title of the project). ■ The applicant should be prepared to discuss the following criteria for the variance pursuant to § 4468 of the Municipal and Regional Planning and Development Act, Title 24: o That there are unique physical circumstances of conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that unnecessary hardship is due to such conditions.; o That because of such physical circumstances of conditions, there is no possibility that the property can developed in strict conformity with the provisions of the zoning regulation' O That the unnecessary hardship has not been created by the appellant; o That the variance, if authorized, will not alter the essential character of the neighborhood or district; o That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation. The Board must find all five criteria are met in order to grant variance. Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the application with the above exceptions noted. Please provide additional information by April 9, 2002. Recommendation: Staff recommends this application be authorized to proceed for variance consideration at the April 16, 2002 meeting.