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Home My WebLink AboutSD-96-0000 - Supplemental - 1201 Spear StreetEAIS71NG CONCRETE MONUMENT (6• ABOVE GROUND) I 3 r"i �'I ~" 1 i ri- a NA ERDMANN I N/F ERPMANN 66/449 I 91 Oah' u --�� 29b1 19- E 5026 r-��„ EXIS77NC CONCRETE MONUMENT 20" PINE �(6" ABOVE GROUND)® TREE 024"CHESTNUT E CRETE MONUMENT(FLUSH)A TREE HEDGEROW 24' SPRUCE 1 HERBERT L & JOAN C. MARTIN LOT .B. TREE h 1081274 320, 421 sq. ft. TOTAL AREA 7.35 acres & 440,314 sq. ft. 10.10 acres N/t- EATsnNc CONCRETE ' LORELEE BROWN, JEFFERY MARTIN, MONUMENT (FLUSH) N_19_7736E- LI M & SAC ALUMINUM UM& SAC ALUMINUM / , PATRICIA SPENCE; DEBORAH OLSEN, MONUMENr ® MUMENT ® BRENDA STEPHENS & HERBERT N. MARTIN HEDGEROW _---...... -,-•-• —�ONWOODS 3161554 357.00 2 +/ ' / WATER VALVE I ' APPROXIMATE al`o CHAIN LINK \ WASTEWATER BARN y FENCE \I TENNIS jpISPOSAL AREA!2 '.N) ' co GRAVEL DRIVE I COURTS I to 3` '� 3'+/ CHICKEN COOP 5(,) 9' 1 r 3 I FENCE — - 125.4+/ s ' SHED TE a PROPOSED 20' WIDE ' I WATER LINE EASEMENT - I .'+' LIMN &SAC ALUMINUM MONUMENT CENTERED ON EXIS77NG WATER SERVICE I DWELLING Qm (ASSUMED LOCA77ON) m�.� I GARAGE/STUDIO CN CONCRETE MONUMENT I (NOT RECOVERED)® LOT "A" APARTMENT Ln i , i I S 1977 36' W 119,893 sq. ft. I 33.00,- 2 75 acres e GRAVEL DRIVE -ftI l APPLE ORCHARD ' ' UVM &SAC ALUMINUM 1 / MONUMENT l 16045 -S 14 9, 7 W - TO SHELBURNE EX/SnNG CONCRETE —I MONUMENT (FLUSH)® APPROXIMATE LOCA77ON OF 12" WATERLINE PER CHAMPLAIN WATER DISTRICT & 363.00'm S 19736- W - SPEAR STREET UVM & SAC ALUMINUM EDGES OF MONUMENT A PAVEMENT (Typ•) LEGEND ---+ PERIMETER PROPERTY LINE — - — - — OTHER PROPERTY LINE -•-•-•-•-•- LOT LINE --- PROPOSED EASEMENT LINE EX/ST7NG TREE LINE ❑ FOUND CONCRETE MONUMENT O FOUND IRON P/N/PIPE ® UM & SAC ALUMINUM MONUMENTS (TO BE SET) a- OVERHEAD WIRE —ri - --- - - EX/S77NG WATER LINE - CENTERUNE OF ROADWAY 9 UTILITY POLE 283 3-Y& 679.33' -EXISTING CONCRETE MONUMENT (FLUSH) FOUND CONCRETE MONUMENT W177-1 BRASS CAP 'UVM' (NOT RECOVERED)A THIS PLAT IS BASED ON RESEARCH OF OFRLYAL DOCUMENTATION, FIELD SURVEYS AND EVIDENCE RECOVERED ON THE PROPERTY AND IS SUBSTANTIALLY CONSISTENT WITH THE INFORMA77ON AS SHOWN ON THE PLAT REFERENCED /N N07F jf2 ABOVE LOT A- AS SHOWN ON INNS PLAN WAS CREATED BY THIS SURVEY AND THE LOCA77ON OF THE NEW LINES WERE ESTABLISHED BY THE OWNERS THIS SURVEY OF LOT A" MEETS THE REOU/REMENTS OF THE STANDARDS FOR THE PRAC77CE OF LAND SURVEYING FOR AN URBAN SURVEY. GRAPHIC SCALE 50 0 25 50 100 200 400 ( IN FEET ) 1 Inch - 50 ft. LOCUS NOTES N.T.S. 1. REFERENCE IS MADE TO THE WARRANTY DEED OF WALTER W. EDLUND AND PHALIS M. EDLUND TO HERBERT L. MARTIN AND JOAN C. MARTIN, DATED 28 OCTOBER 1972, AS RECORDED IN VOLUME 108, BEGINNING ON PAGE 274 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS 2. REFERENCE /S MADE TO A SURVEY EN777LED RETRACEMENT SURVEY OF LANDS OF DR. HERBERT L. AND JOAN C. MARTIN; SOUTH BURLINGTON, VERMONT; PREPARED BY FITZPATRICK-LLEWELLYN INC.; PROJECT 191101; DATED NOV. 1991; DRAWING I}'D 4138; RECORDED IN MAP VOLUME 386 ON PAGE 28 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. J. NORTH AS SHOWN ON THIS PLAN IS BASED ON THE UNIVERSITY OF VERA40NT GRID SYSTEM. 4. LOT LAYOUT AND DESIGNAT70N SHOWN HEREON IS AS DIRECTED BY THE OWNERS 5. APPLICANT AND OWNER OF RECORD: HERBERT L & JOAN C. MARTIN 1201 SPEAR ST. SOUTH BURLINGTON, VT 6. PARCEL SHOWN HEREON /S WITHIN THE R1" ZONING DISTRICT 7. PARCEL SIZE= 10.10 ACRES PROPOSED LOT A'= 2.75 ACRES & PROPOSED LOT B 7.35 ACRES 10.10 ACRES RE C • sa �kvr a. d AN 0 6 1996 City of So. Burlington LAW OFFICES SUTHERLAND & COLLINS, INC. 112 LAKE STREET, STE 5 P.O. BOX 1623 BURLINGTON, VERMONT 05402-1623 PAUL K. SUTHERLAND JOHN J. COLLINS" KATHLEEN A. McMAHON** MICHAEL J. HARRIS"sn KIMBERLY S. VELK" '1 September 4, 1996 PARALEGAL: CARA B. GRISWOLD " Also admitted in NJ & CA Also admitted in NY Also admitted in WI HAND DELIVERED Mr. Charles Haftner, Town Manager South Burlington City Clerk's Office 575 Dorset Street So. Burlington, VT 05403 Re: Irrevocable Offer of Dedication/Joan C. Martin Revocable Trust Dear Mr. Haftner: TELEPHONE: (802) 862-3524 FAX: (802) 862-1794 E-MAIL: suth_coll@wow.com httpl/www.websense.neVs+c/ I enclose a copy of the Irrevocable Offer of Dedication together with attached Exhibit A, as well as a Property Transfer Return and Trustee Deed regarding the above -referenced matter. The originals of these documents have been delivered to the Town Clerk. Please contact me with any questions or comments. Sincerely, J. Collins, Esq. Enclosures 0904g3.1tr Dinse, Erdmann, Tapp & McAndrew, P.C. ATTORNEYS AT LAW 209 BATTERY STREET URLINGTON, VERMONT 05402-0988 IRREVOCABLE OFFER OF DEDICATION AGREEMENT made this +�*- day of September, 1996, by and between Joan C. Martin and Herbert L. Martin, Trustee of the Joan C. Martin Revocable Trust, of South Burlington, Vermont (the "Owners") and the City of South Burlington (the "City"). WHEREAS, the South Burlington Planning Commission has approved a final subdivision plat entitled "Subdivision Plat of Lands of Dr. Herbert L. & Joan C. Martin" dated February 1996, last revised August 13, 1996, prepared by FitzPatrick-Llewellyn, Inc. (the "Plat"); and WHEREAS, the final approval of the Planning Commission dated June 18, 1996 contains the following conditions: Owners shall execute and deliver to the Planning Commission an Irrevocable Offer of Dedication and accompanying warranty deed conveying a 30' x 30' triangular parcel of land at the northwesterly corner of Spear and Swift Streets as depicted on the Plat, said- triangular parcel to be used in the future for roadway improvement purposes by the City; and WHEREAS, the above -described parcel is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of the Plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the parcel of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a warranty deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Dinse, Erdmann, Knapp & McAndrew, ec. ATTORNEYS AT LAW 209 BATTERY STREET BURLINGTON, VERMONT 05402-0988 Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the Plat and the execution of this Offer of Dedication and warranty deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the parcel of land for roadway purposes. 4. This Irrevocable Offer of Dedication shall run with the parcel of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the parcel of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the date first above written. IN THE PRESENCE OF: 4� Z)• )VO,! Witness (as to both) STATE OF VERMONT COUNTY OF CHITTENDEN, SS. OWNERS #YAN C. MARTIN, TRUSTEE OF THE OAN C. MARTIN REVOCABLE TRUST 4-,CA� )4�� HERBERT L. MARTIN, TRUSTEE OF THE JOAN C. MARTIN REVOCABLE TRUST At , in said County, this 4-,4_ day of September, 1996, Joan C. Martin and Herbert . Martin personally appeared, and they acknowledged this instrument, by them subscribed, to be their free act and deed acting in their capacity as Trustees of the Joan C. Martin Revocable Trust, established under Trust Agreement dated August 18, 1989. Before me 'Lz z), 7v�� Notary Public My Commission Expires: 2 ha /a -r IN WITNESS WHEREOF, the City hereby causes this document to be executed as of the date first above written. IN THE PRESENCE OF: CITY OF SOUTH BURLINGTON By: Witness Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At in said County, this day of September, 1996, and duly authorized agent of the City of South Burlington personally appeared, and acknowledged this instrument, by subscribed, to be free act and deed and the free act and deed of the City of South Burlington. s:\p\hart\martin.hrb\offerof.ded Dinse, Erdmann, Knapp & McAndrew, ec. ATTORNEYS AT LAW 209 BATTERY STREET BURLINGTON,VERMONT 05402-0988 Before me Notary Public My Commission Expires:_ EXHIBIT A -- TRUSTEE DEED Dinse, Erdmann, Knapp & McAndrew, P.C. A'r7'oRNLYS AT LAW BURLINGfON, VT 05402-0988 802-864.5751 KNOW ALL PEOPLE BY THESE PRESENTS, that JOAN C. MARTIN and HERBERT L. MARTIN, of South Burlington, Chittenden County, Vermont, AS TRUSTEES OF THE JOAN C. MARTIN REVOCABLE TRUST, a trust created by Trust Agreement (the "Trust Agreement") dated August 18, 1989 (the "Grantors"), in consideration of TEN OR MORE DOLLARS paid to their full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation located in South Burlington, Chittenden County, Vermont (the "Grantee"), by these presents do freely GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto the Grantee, and the Grantee's successors and assigns forever, certain land and premises located in South Burlington, Chittenden County, Vermont, described as follows (the "Property"): Being a portion of the land and premises conveyed to Joan C. Martin and Herbert L. Martin, Trustees of the Joan C. Martin Revocable Trust by Warranty Deed of Herbert L. Martin and Joan C. Martin, dated December 20, 1991, and recorded in Volume 316, Page 552 of the City of South Burlington land records, and more particularly described as follows: Being a parcel of land consisting of 0.01 acre, and depicted as "Irrevocable Offer of Dedication to City of South Burlington" on a survey plat entitled "Subdivision Plat of Lands of Dr. Herbert L. & Joan C. Martin," prepared by FitzPatrick-Llewellyn Incorporated, dated February 1996, last revised August 13, 1996, and recorded in Map Volume , Page of the South Burlington land records (the "Plat".)the Plat, and more particularly described as follows: Beginning at a concrete monument found at the intersection of Spear and Swift Streets; thence proceeding N68°09'38"W a distance of 30.00 feet to a UVM & SAC monument (designated Swift-West-30'-West-1996) in the northerly sideline of Swift Street; thence turning to the right and proceeding N63 ° 10' 10"E a distance of 39.62 feet to a UVM & SAC monument (designated Swift-West-30'-North-1996) in the westerly sideline of Spear Street; thence turning to the right and proceeding S 14 °31' 15 "W a distance of 30.00 feet to the point of beginning. Reference is hereby made to the instruments and plans referred to above and the records thereof, and the instruments and plans referred to therein and the records thereof, in further aid of this description. The Property is conveyed subject to the following: 1. all legally enforceable easements, rights of way, covenants, conditions, permits, declarations, and other restrictions on use of record; and 2. rights of the public and others legally entitled thereto in any portion of the Property lying within the boundaries of a public road, way, street, trail, or alley. TO HAVE AND TO HOLD the Property, with all the privileges and appurtenances thereof, to the Grantee, and the Grantee's successors and assigns, to the Grantee's own use and behoof forever; And the Grantors, as Trustees of the Joan C. Martin Trust created by the Trust Agreement dated August 18, 1989, do covenant with the Grantee, and the Grantee's heirs and assigns, that until the ensealing of these presents, the Grantors, acting in the capacity as Trustees, are the sole owners of the Property and are authorized by law and the Trust Agreement to convey the Property to the Grantee in the manner set forth in this deed; that the Grantors, acting in the capacity as Trustees, have in all things observed the direction of the law and the Trust Agreement in this conveyance; and the Grantors, and the Grantors' successors as Trustees, shall WARRANT AND DEFEND the Property against all persons claiming the Property by, from, or under the Joan C. Martin Trust created by the Trust Agreement dated August 18, 1989, or the Grantors, as Trustees, but against no other person. Dinse, Erdmann, Knapp & McAndrew, P.C. ATTORNEYS AT LAW 6URLINGTON, VT 05402-0988 802-864.5751 Joan C. Martin, as Settlor and Grantors, as Trustees of the Joan C. Martin Revocable Trust created by the Trust Agreement dated August 18, 1989, hereby certifies that, pursuant to the Trust Agreement, the trustees have, among other powers and authority, the following powers and authority with regard to real estate included in the trust estate: (1) Receipt of Property. To receive additions of any property from any source to the trust estate; (2) Sale. To sell, exchange, lease, grant options to purchase, convey rights of first refusal, and execute contracts concerning real or personal trust property for such consideration (or without consideration) and upon such conditions and payment terms as the trustees may determine without regard to the termination date of any trust; (3) Investment. To invest and reinvest the trust estate in real estate or any other kind of real or personal property or business interest; (4) Title. To hold any property in their name as trustee or in the name of a nominee without indication of any fiduciary relationship; (5) Real Estate. To operate, improve, or develop real estate; to construct, alter, raze, or repair buildings or structures on real estate; to partition, subdivide, dedicate to public use, grant easements, convey rights of first refusal or other rights with respect to or otherwise deal with real estate and to exchange any real estate or any part thereof for any other real or personal property upon any terms; to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases on any real property or any part thereof from time to time, for any period of time, for any rental and upon any other terms and conditions, and to release, convey or assign any other right, title or interest whatsoever in any real property or any part thereof; (6) Indebtedness. To borrow, at interest, money from the trustees' own banking department or from others, and to assume indebtedness and encumber trust property by mortgage or pledge; (7) Interested Transactions. To enter into any transaction authorized by the Trust Agreement with the trustee and personal representatives of other trusts or estates in which any beneficiary under the Trust Agreement has an interest or which by its terms distributes to any trust established under the Trust Agreement even though the trustees also serve the other trust or estate in a fiduciary capacity; and in any such transaction to purchase property, or make loans on notes secured by property, even though similar or identical property constitutes a large proportion of the balance of the trust estate, and to retain any such property or note as if it had been received in kind as an addition to the trust estate; and (8) Discretion. To do all acts which in their judgment they deem necessary or desirable for the proper and advantageous management, investment and distribution of the assets of the trust. Joan C. Martin, as Settlor, and the Grantors further certify that the Trust Agreement provides as follows: (1) no party dealing with the Trustee in relation to any real or personal property in the Trust Estate in any manner whatsoever, and no party to whom any such assets or any part thereof or any interest therein shall be conveyed, contracted to be sold, leased, or mortgaged by the Trustee shall be obliged to: (i) see to the application of any purchase money, rent or money borrowed or otherwise advanced in relation to such assets; (ii) see that there is compliance with the terms of this Agreement; (iii) inquire into the authority, necessity or expedience of any act of the Trustee; or (iv) inquire into any of the terms of this Agreement. Every deed, mortgage, lease or other instrument of conveyance executed by the Trustee in relation to any assets subject to this agreement shall be conclusive evidence in favor of every person claiming any right, title or interest thereunder that: (i) at the time of the delivery thereof this Agreement was in full force and effect; (ii) such instrument was executed in accordance with the trusts, terms and conditions hereof and that this Agreement is binding upon all beneficiaries thereunder; (iii) the Trustee was duly authorized and empowered to execute and deliver every such instrument; and (iv) if a conveyance has been made to a successor or successors in trust, such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of its predecessor in trust. The Trustee shall have no individual liability or obligation whatsoever arising from its ownership, as Trustee, of the legal title to any assets in the Trust Estate, or with respect to any act done or contract entered into or indebtedness incurred by the Trustee in dealing with such assets, or otherwise acting as such Trustee, except as to assets and any trust funds in the actual possession of the Trustee which shall be applicable to the payment and discharge thereof; and (2) any successor Trustee shall by written instrument accept such office upon his or its succession or appointment. Upon such acceptance the successor Trustee shall become vested and charged with all the powers, duties and obligations vested in and charged to the original Trustee. The Grantors hereby certifies that the Grantors have been properly appointed as the Trustees under the Trust Agreement, are currently serving as Trustees, and are fully vested with all the title, estate, rights, powers, duties, and obligations of the Trustee under the Trust Agreement. IN WITNESS WHEREOF, Joan C. Martin and Herbert L. Martin, Trustees of the Joan C. Martin Revocable Trust, have executed this Trustee Deed this day of September, 1996. IN PRESENCE OF: Witness Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. JOAN C. MARTIN, TRUSTEE OF THE JOAN C. MARTIN REVOCABLE TRUST HERBERT L. MARTIN, TRUSTEE OF THE JOAN C. MARTIN REVOCABLE TRUST At , in said County, this day of September, 1996, Joan C. Martin and Herbert L. Martin personally appeared, and they acknowledged this instrument, by them subscribed, to be their free act and deed acting in their capacity as Trustees of the Joan C. Martin Revocable Trust, established under Trust Agreement dated August 18, 1989. s:\p\hart\marfin.hrb\city.ded Dinse, Erdmann, Knapp & McAndrew, P.C. ATTORNEYS AT LAW BURLINGTON, VT 05402-0988 802-864-5751 Before me Notary Public My Commission Expires:_ TRUSTEE DEED Dinse, Erdmann, Tapp & McAndrew, P.C. ATTORNEYS AT LAW KLINGTON, vT 05402-0988 802-864-5751 KNOW ALL PEOPLE BY THESE PRESENTS, that JOAN C. MARTIN and HERBERT L. MARTIN, of South Burlington, Chittenden County, Vermont, AS TRUSTEES OF THE JOAN C. MARTIN REVOCABLE TRUST, a trust created by Trust Agreement (the "Trust Agreement") dated August 18, 1989 (the "Grantors"), in consideration of TEN OR MORE DOLLARS paid to their full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation located in South Burlington, Chittenden County, Vermont (the "Grantee"), by these presents do freely GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto the Grantee, and the Grantee's successors and assigns forever, certain land and premises located in South Burlington, Chittenden County, Vermont, described as follows (the "Property"): Being a portion of the land and premises conveyed to Joan C. Martin and Herbert L. Martin, Trustees of the Joan C. Martin Revocable Trust by Warranty Deed of Herbert L. Martin and Joan C. Martin, dated December 20, 1991, and recorded in Volume 316, Page 552 of the City of South Burlington land records, and more particularly described as follows: Being a parcel of land consisting of 0.01 acre, and depicted as "Irrevocable Offer of Dedication to City of South Burlington" on a survey plat entitled "Subdivision Plat of Lands of Dr. Herbert L. & Joan C. Martin," prepared by FitzPatrick-Llewellyn Incorporated, dated February 1996, last revised August 13, 1996, and recorded in Map Volume , Page of the South Burlington land records (the "Plat" . )the Plat, and more particularly described as follows: Beginning at a concrete monument found at the intersection of Spear and Swift Streets; thence proceeding N68°09'38"W a distance of 30.00 feet to a UVM & SAC monument (designated Swift-West-30'-West-1996) in the northerly sideline of Swift Street; thence turning to the right and proceeding N63 ° 10' 10"E a distance of 39.62 feet to a UVM & SAC monument (designated Swift-West-30'-North-1996) in the westerly sideline of Spear Street; thence turning to the right and proceeding S 14°31' 15 "W a distance of 30.00 feet to the point of beginning. Reference is hereby made to the instruments and plans referred to above and the records thereof, and the instruments and plans referred to therein and the records thereof, in further aid of this description. The Property is conveyed subject to the following: 1. all legally enforceable easements, rights of way, covenants, conditions, permits, declarations, and other restrictions on use of record; and 2. rights of the public and others legally entitled thereto in any portion of the Property lying within the boundaries of a public road, way, street, trail, or alley. TO HAVE AND TO HOLD the Property, with all the privileges and appurtenances thereof, to the Grantee, and the Grantee's successors and assigns, to the Grantee's own use and behoof forever; And the Grantors, as Trustees of the Joan C. Martin Trust created by the Trust Agreement dated August 18, 1989, do covenant with the Grantee, and the Grantee's heirs and assigns, that until the ensealing of these presents, the Grantors, acting in the capacity as Trustees, are the sole owners of the Property and are authorized by law and the Trust Agreement to convey the Property to the Grantee in the manner set forth in this deed; that the Grantors, acting in the capacity as Trustees, have in all things observed the direction of the law and the Trust Agreement in this conveyance; and the Grantors, and the Grantors' successors as Trustees, shall WARRANT AND DEFEND the Property against all persons claiming the Property by, from, or under the Joan C. Martin Trust created by the Trust Agreement dated August 18, 1989, or the Grantors, as Trustees, but against no other person. Dinse, Erdmann, Lapp & McAndrew, P.C. ATTORNEYS AT LAW RLINGTON, VT 05402-0988 802-864-5751 Joan C. Martin, as Settlor and Grantors, as Trustees of the Joan C. Martin Revocable Trust created by the Trust Agreement dated August 18, 1989, hereby certifies that, pursuant to the Trust Agreement, the trustees have, among other powers and authority, the following powers and authority with regard to real estate included in the trust estate: (1) Receipt of Property. To receive additions of any property from any source to the trust estate; (2) Sale. To sell, exchange, lease, grant options to purchase, convey rights of first refusal, and execute contracts concerning real or personal trust property for such consideration (or without consideration) and upon such conditions and payment terms as the trustees may determine without regard to the termination date of any trust; (3) Investment. To invest and reinvest the trust estate in real estate or any other kind of real or personal property or business interest; (4) Title. To hold any property in their name as trustee or in the name of a nominee without indication of any fiduciary relationship; (5) Real Estate. To operate, improve, or develop real estate; to construct, alter, raze, or repair buildings or structures on real estate; to partition, subdivide, dedicate to public use, grant easements, convey rights of first refusal or other rights with respect to or otherwise deal with real estate and to exchange any real estate or any part thereof for any other real or personal property upon any terms; to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases on any real property or any part thereof from time to time, for any period of time, for any rental and upon any other terms and conditions, and to release, convey or assign any other right, title or interest whatsoever in any real property or any part thereof; (6) Indebtedness. To borrow, at interest, money from the trustees' own banking department or from others, and to assume indebtedness and encumber trust property by mortgage or pledge; (7) Interested Transactions. To enter into any transaction authorized by the Trust Agreement with the trustee and personal representatives of other trusts or estates in which any beneficiary under the Trust Agreement has an interest or which by its terms distributes to any trust established under the Trust Agreement even though the trustees also serve the other trust or estate in a fiduciary capacity; and in any such transaction to purchase property, or make loans on notes secured by property, even though similar or identical property constitutes a large proportion of the balance of the trust estate, and to retain any such property or note as if it had been received in kind as an addition to the trust estate; and (8) Discretion. To do all acts which in their judgment they deem necessary or desirable for the proper and advantageous management, investment and distribution of the assets of the trust. Joan C. Martin, as Settlor, and the Grantors further certify that the Trust Agreement provides as follows: (1) no party dealing with the Trustee in relation to any real or personal property in the Trust Estate in any manner whatsoever, and no party to whom any such assets or any part thereof or any interest therein shall be conveyed, contracted to be sold, leased, or mortgaged by the Trustee shall be obliged to: (i) see to the application of any purchase money, rent or money borrowed or otherwise advanced in relation to such assets; (ii) see that there is compliance with the terms of this Agreement; (iii) inquire into the authority, necessity or expedience of any act of the Trustee; or (iv) inquire into any of the terms of this Agreement. Every deed, mortgage, lease or other instrument of conveyance executed by the Trustee in relation to any assets subject to this agreement shall be conclusive evidence in favor of every person claiming any right, title or interest thereunder that: (i) at the time of the delivery thereof this Agreement was in full force and effect; (ii) such instrument was executed in accordance with the trusts, terms and conditions hereof and that this Agreement is binding upon all beneficiaries thereunder; (iii) the Trustee was duly authorized and empowered to execute and deliver every such instrument; and (iv) if a conveyance has been made to a successor or successors in trust, such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of its predecessor in trust. The Trustee shall have no individual liability or obligation whatsoever arising from its ownership, as Trustee, of the legal title to any assets in the Trust Estate, or with respect to any act done or contract entered into or indebtedness incurred by the Trustee in dealing with such assets, or otherwise acting as such Trustee, except as to assets and any trust funds in the actual possession of the Trustee which shall be applicable to the payment and discharge thereof; and (2) any successor Trustee shall by written instrument accept such office upon his or its succession or appointment. Upon such acceptance the successor Trustee shall become vested and charged with all the powers, duties and obligations vested in and charged to the original Trustee. The Grantors hereby certifies that the Grantors have been properly appointed as the Trustees under the Trust Agreement, are currently serving as Trustees, and are fully vested with all the title, estate, rights, powers, duties, and obligations of the Trustee under the Trust Agreement. IN WITNESS WHEREOF, Joan C. Martin and Herbert L. Martin, Trustees of the Joan C. Martin Revocable Trust, have executed this Trustee Deed this &OK day of September, 1996. IN PRESENCE OF: eY D. , Witness Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. 0'-O� ('! AN C. MARTIN, TRUSTEE OF THE JOAN C. MARTIN REVOCABLE TRUST HERBERT L. MARTIN, TRUSTEE OF THE JOAN C. MARTIN REVOCABLE TRUST At &4 , in said County, this 4410 day of September, 1996, Joan C. Martin and Herbert . Martin personally appeared, and they acknowledged this instrument, by them subscribed, to be their free act and deed acting in their capacity as Trustees of the Joan C. Martin Revocable Trust, established under Trust Agreement dated August 18, 1989. s : \p\hart\ martin. h rb\city. ded Dinse, Erdmann, lapp & McAndrew, P.C. A'r'rORNFYS AT LAW Rt.INC'1'ON, VT 05402-0988 802-864-5751 Before me 4:iMW ,b . lla� Notary Public My Commission Expires: 2/10/q'f VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 (PLEASE TYPE OR PRINT CLEARLY) ' SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. Joan C. Martin and Herbert 1201 Spear St., So. Burlington, VT 05403 008-18-9909 an L: JIar evocab e Trust u/t/a dated 8/18/89 - BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. City of South Burlington 575 Dorset St., So. Burlington, VT 05403 PROPERTY LOCATION (Address In full) DATE OF CLOSING corner of Spear and Swift Streets, South Burlington, VT 05403 INTEREST IN PROPERTY 1. E3FEE SIMPLE 3. ❑ UNDIVIDED 1/2 INTEREST S. ❑ TIME-SHARE ESTATE 7. ❑ EASEMENT 2. ❑ LIFE ESTATE 4. ❑ UNDIVIDED _% INTEREST e. ❑ LEASE 8. ❑ OTHER FRONTAGE AND DEPTH TOTAL ACREAGE 30' x 30' triange at street corner 10 .01(+/-) BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALLTHAT APPLY). 1. ® NONE 5. ❑ BARN 9.0 STORE ❑ El2. FACTORY 6. MULTI -FAMILY WITH DWELLING UNITS ( INSERT ) TRANSFERRED 10.❑ OTHER 3. ❑SINGLE FAMILY DWELLING 7. El MOBILE HOME NUMBER DESCRIBE 4. ❑ CAMPIVACATION HOME 8. ❑ CONDOMINIUM WITH _ ( INSERT ) UNITS TRANSFERRED J NUMBER CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ® PRIMARY RESIDENCE 3. ❑ CAMP/VACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9. ElOTHER DESCRIBE DESCRIBE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ❑ INDUSTRIAL DESCRIBE PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ElCAMP/VACATION 5. ElOPERATING FARM 7. ❑ COMMERCIAL 9. 0 OTHER dedlcatio DESCRIBE DESCRIBE Stl 2. ElOPEN LAND 4. ElTIMBERLAND 6. ❑ GOVERNMENTUSES. ❑ INDUSTRIAL impro DESCRIBE IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, Forest, Farmland or Working Farmland Tax Abatement Use Value Appralsal Programs)? ❑ Yes EI No IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, Nand 0 BELOW. no consideration TOTAL PRICE PAID FOR ' PRICE PAID FOR PRICE PAID S -0_ PERSONAL PROPERTY SREAL PROPERTY $ -0- IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE ENTER FAIR MARKET VALUE ON LINE O AND DESCRIBE THE CIRCUMSTANCES: s TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS S -� • DATE SELLER ACQUIRED 10/28/72 - IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET held more CONTINUE ON REVERSE SIDE) THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWN/CITY DATE OF RECORD BOOK NUMBER PAGE NO. LISTED VALUE $ PARCEL ID OR MAP NO. GRAND LIST CATEGORY GRAND LIST OF 19 ACKNOWLEDGEMENT RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. SIGNED DATE CLERK TOWN NUMBER 1 for 'eet emc han Form PT-1 (12/92) RATE SCHEDULE 1. Tax on Special Rate Property: ■. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions)............................................................ 1. a $ b. Value of property enrolled In current use program...................................................................................................................... b. $ c. Value of qualified working farm...................................................................................................................................................... c. $ d. Add Lines 1(a), (b) and (c)............................................................................................................................................................... d. $ e. Tax rate.............................................................................................................................................................................................. e. 0.005 f. Tax due on Spacial Rate Property: Multiply Line 1(d) by Line 1(a)............................................................................................ f. $ 2. Tax on General Rate Property: ■. Enter amount from Line O on front of return................................................................................................................................. 2. a. $ b. Enter amount from Line 1(d) of Rate Schedule above.................................................................................................................. b. $ c. Subtract Line 2(b) from Line 2(a).................................................................................................................................................... c. $ d. Tax rate.............................................................................................................................................................................................. d. 0.0125 a. Tax due on Genersl Rate Property: Multiply Line 2(c) by Line 2(d)........................................................................................... e. $ 3. Total Tax Due: Add Lines 1(0 and 2(e) and enter here and on Line P on front of return................................................................................... 3. $ —0— FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES Buyer(s) and Sellers) certify as follows: A. That they have Investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, If any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may Ilmlt significantly the use of the property. C. That this transfer Is In compliance with or Is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and la In compliance with said permit, or 2. This property and any retained parcel Is exempt from the subdivision regulations because (see instructions for exemptions): a. Parcel to be sold: Exemption Number Number of acres b. Paresl retained: Exemption Number Number of acres Please contact the district office In your area to determine compliance with Act 250. (See map on page 26.) Seller(s) further certifies as follows: D. That this transfer of real property end any development thereon Is In compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act 2 0), for the following reason: 1. This property is the subject of Act 250 Permit No. and Is In compliance with said permit, or 2. This property Is exempt from Act 250 because: (list exemption number from Instructions) IE That this transfer does/does not (strike one) result In a partition or division of lend. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk. WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont Income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer, OR that the transfer Is exempt from Income tax withholding for the following reason (check one): ® 1. Seller(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtalned withholding certificate no. from the Commissioner of Taxes In advance of this sale. ® 3. Buyer(s) certifies that this is a transfer without consideration. (See instructions for Form REW-1.) ❑ 4. Seller(s) Is a mortgagor conveying the mortgaged property to a mortgagee In a foreclosure or transfer in lieu of foreclosure, with I additions Consideration. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE. SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATURE(S) DATE 9 City of South Burlington an C. MartilY, rustee y: 41erbeft L. Martin, tee Preparer'aStgnaturee�Lx25. Jp M,/ Prepared by Dinse, Erdmannt Knapp & McAndrew, — — P. C. Preparer'sAddress P.O. Box 988, Burlington, VT 05402 Buyer's Representative Tel. (Print or Type) neap a copy of tnis return Tor your recoras. State of Vermont DEFERRAL OF PERMIT RETAINED PARCEL LAWS/REGULATIONS INVOLVED: 18 VSA §1218-1220 and Environmental Protection Rules, Chapter 3-Subdivisions, §3.06 Deferral of Permit PERMIT NUMBER: DE-4-2183-R APPLICANT AND ADDRESS: (Person Retaining Parcel) Herbert & Joan Martin 1201 Spear Street South Burlington VT 05403 LOCATION OF SUBDIVISION: (Road and Town) Spear Street at Swift Street, South Burlington DESCRIPTION OF SUBDIVISION: Correct lot size for previously retained Lot B to be 7.34A CONDITIONS: (1) The parcel retained under the provisions of this permit may not be resold unless a subdivision permit is obtained, or the waiver of developmental rights is included in the deed or lease and notice of the purchaser's name and address is filed with the Division prior to conveyance. Any waiver of developmental rights shall be made a term of any contract of sale or of lease of the parcel, and shall be recited in any deed in the form as follows: "WAIVER OF DEVELOPMENTAL RIGHTS" "In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the installation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance of this deed acknowledges that this lot may not qualify for approval for development under the appropriate environmental protection or health regulations and that the State may deny an application to develop the lot." (2) If the parcel is to be considered for building development at some future date, the applicant(s) understand(s) that the information required by Section 3-08 of the Rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to build on the lot will be denied. (3) 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 recording 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. (4) This permit does not constitute Act 250 approval (10 VSA §151). The permittee is hereby reminded to procure all relevant state and local permits prior to proceeding with this project. Dated at Essex Junction, Vermont, this 16 day of August, 1996 William C. Brierley, Commissioner B�partrr�t t of Environment{ ons�e'rvation (Ir ne L. Roberge, Addministrativ— a Secretary cc: Town Planning Commission Central Office of Wastewater Management Division Fitzpatrick -Llewellyn, Inc. State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist August 2, 1996 Herbert & Joan Martin 1201 Spear Street South Burlington VT 05403 Dear Applicant: Re: EXEMPT SUBDIVISION NUMBER HE-4-0135 AGENCY OF NATURAL RESOURCES LANDOWNER: Herbert & Joan Martin LOT SIZE: 2.75 LOCATION: Spear Street @ Swift Street, South Burlington Essex Junction Regional Office I I I West Street Essex Junction, VT 05452 (802)879-6563 Based on the information in the above referenced application, the lot with an existing structure/dwelling on it is exempt from obtaining a subdivision permit from the Agency of Natural Resources prior to sale or lease as it appears to meet the criteria set forth in Section 3.04 of the Environmental Protection Rules. In issuing this opinion we have relied entirely on the information submitted to us, and the landowner creating this lot is responsible for its accuracy. Should it be determined in the future that the facts were not as stated, this letter will not prevent the Agency from taking appropriate enforcement action. Although not required, it is recommended that this letter be recorded in the South Burlington Land Records. FOR THE WASTEWATER MANAGEMENT DIVISION Irene L. Roberge, Administrative S retary cc: South Burlington Planning Commission South Burlington City Council Fitzpatrick -Llewellyn, Inc. Sue Paley, Dinse, Erdman, Knapp & McAndrew State of Vermont DEFERRAL OF PERMIT RETAINED PARCEL LAWS/REGULATIONS INVOLVED: 18 VSA §1218-1220 and Environmental Protection Rules, Chapter 3-Subdivisions, §3.06 Deferral of Permit PERMIT NUMBER: DE-4-2183 APPLICANT AND ADDRESS: (Person Retaining Parcel) Herbert & Joan Martin 1201 Spear Street South Burlington VT 05403 LOCATION OF SUBDIVISION: (Road and Town) Spear Street at Swift Street, South Burlington DESCRIPTION OF SUBDIVISION: Retain Lot B 7.24 acres with Lot A remaining under HE-4-0135 CONDITIONS: (1) The parcel retained under the provisions of this permit may not be resold unless a subdivision permit is obtained, or the waiver of developmental rights is included in the deed or lease and notice of the purchaser's name and address is filed with the Division prior to conveyance. Any waiver of developmental rights shall be made a term of any contract of sale or of lease of the parcel, and shall be recited in any deed in the form as follows: "WAIVER OF DEVELOPMENTAL RIGHTS" "In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the installation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance of this deed acknowledges that this lot may not qualify for approval for development under the appropriate environmental protection or health regulations and that the State may deny an application to develop the lot." (2) If the parcel is to be considered for building development at some future date, the applicant(s) understand(s) that the information required by Section 3-08 of the Rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to build on the lot will be denied. (3) 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 recording 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. (4) This permit does not constitute Act 250 approval (10 VSA §151). The permittee is hereby reminded to procure all relevant state and local permits prior to proceeding with this project. Dated at Essex Junction, Vermont, this 2 day of August, 1996 William C. Brierley, Commissioner Departm t of Environmen Conservation O By - _54ne L. Roberge, Admini rative Secretary cc: Town Planning Commission Central Office of Wastewater Management Division Fitzpatrick -Llewellyn, Inc. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 5, 1996 Doug FitzPatrick FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: 2 Lot Subdivision, 1201 Spear Street Dear Mr. FitzPatrick: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the June 18, 1996 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (9/16/96) or this approval is null and void. If you have any questions, please give me a call. ncerel , rf' J Weith, C' y Planner JW/mcp 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 18, 1996 Doug FitzPatrick FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: 2 Lot Subdivision, 1201 Spear Street Dear Mr. FitzPatrick: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the approved referenced project approved by the Planning Commission on June 18, 1996. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (9/16/96) or this approval is null and void. If you have any questions, please JW/mcp 1 Encl giv me a call. S n ege, Jo Weith, Ci y Planner PLANNING COMMISSION 18 June 1996 The South Burlington Planning Commission held a meeting on Tuesday, 18 June 1996, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chair; Gayle Barone, Marcel Beaudin, Michael Flaherty, Peter Jacob Also Present: Joe Weith, City Planner; Dean Zoecklein, Mervin Brown, Doug Fitzpatrick, Herbert Martin, Joan Martin, David & Libby Taber, Bert Simmson, Charles Shea, Bev Darling, Jack Darling, Lori Sullivan, Linda Kogut, Mark Thibeault, F. Nancy Bell, Sarah Krueger, Lou Kleh, Tom Kleh, Ginny Greenblot, Gerry Milot, Marilyn Leggett, Don Haggerty, Pam Langelier, Dave Marshall, Art Shields, Dick Kwan 1. Other Business: a. Mr. Burgess introduced the two new members appointed last night by the City Council. b. Mr. Weith noted that last week a representative of GBK asked the Commission to sign a form indicating that the Commission had reviewed and approved a plan in order for the Airport to get a VIDA loan. The Commission said it would sign the form only if staff had reviewed the plan and there was a conditional statement on the form indicrting that the plan would not be formally reviewed until 9 July. Mr. Weith said he had seen and the plan and had prepared such a statement. Mr. Beaudin moved that the Commission sign the form as presented. Mr. Jacob seconded. Motion passed unanimously. c. Mr. Weith suggested the following schedule revision: a meeting on 30 July, no meeting on 6 August and a work session on 20 August. Members agreed. 2. Review Minutes of 4 June 1996: Ms. Barone moved the Minutes of 4 June be approved as written. Mr. Beaudin seconded. Motion passed 3-0 with Messrs,Jacob and Flaherty abstaining. 3. Public Hearing: Final Plat application of Dr. Herbert and Joan Martin for subdivision of 10.10 acres of land into two lots of 2.75 acres and 7.35 acres, 1201 Spear Street: Mr. Fitzpatrick said the plan is the same as that reviewed at sketch. The division line has been moved just a bit to come out PLANNING COMMISSION 18 June 1996 page 2 where the applicant wants. Mr. Weith noted the City Engineer is asking for a triangular piece of land to be dedicated to the city for roadway improvements. Mr. Fitzpatrick said he thought that request had been dropped. Dr. Martin said the city had never approached him on this and would prefer not to dedicate the land. Mr. Weith said the request was in the comments sent to Mr. Fitzpatrick on May 23. Mr. Fitzpatrick showed the piece of land on the plan. Mr. Beaudin suggested tabling the application to hear the City Engineer's reasoning. Dr. Martin said he needs to move forward immediately and could live with the condition if it is a necessity. Mr. Flaherty moved the Planning Commission approve the final plat application of Dr. Herbert & Joan Martin for subdivision of 10.10 acres of land into two lots of 2.75 acres and 7.35 acres, 1201 Spear Street, as shown on a survey plat entitled, "Proposed Sub- division Plat of Lands of Dr. Herbert L. & Joan C. Martin," pre- pared by Fitzpatrick -Llewellyn, Inc, and dated February, 1996, last revised 5/9/96, with the following stipulations: 1. All previous approvals and stipulations which are not super- seded by this approval shall remain in effect. 2. The plat shall be revised to show the changes listed below and shall require approval of the City Planner. Three copies of the approved revised plat shall be submitted to the City Planner prior to recording. a. The plat shall be revised to show a 30'x30' triangle of land to be conveyed to the City for future street improve- ments at the intersection of Swift Street and Spear Street. 3. The applicant shall submit the leqal documents (i.e., Irrev- ocable Offer of Dedication) for the parcel of land to be con- veyed to the City. These legal documents shall be approved by the City Attorney and recorded in the land records prior to recording the final plat. 4. Any change to the plat shall require approval by the South Burlington Planning Commission. 5. The finalplat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recording. Ms. Barone seconded the motion which then passed unanimously. 6/18/96 MOTION OF APPROVAL DR. HERBERT & JOAN MARTIN I move the South Burlington Planning Commission approve the final plat application of Dr. Herbert & Joan Martin for subdivision of 10.10 acres of land into two (2) lots of 2.75 acres and 7.35 acres, 1201 Spear Street, as shown on a survey plat entitled, "Proposed Subdivision Plat of Lands of Dr. Herbert L. & Joan C. Martin," prepared by FitzPatrick-Llewellyn, Inc., and dated February, 1996, last revised 5/9/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plat shall be submitted to the City Planner prior to recording. a) The plat shall be revised to show a 301x 30' triangle of land to be conveyed to the City for future street improvements at the intersection of Swift Street and Spear Street. 3. The applicant shall submit the legal documents (i.e., Irrevocable Offer of Dedication) for the parcel of land to be conveyed to the City. These legal documents shall be approved by the City Attorney and recorded in the land records prior to recording the final plat. 4. Any change to the plat shall require approval by the South Burlington Planning Commission. 5. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recording. M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, South Burlington City Planner Re: June 18, 1996 Agenda Items Date: June 14, 1996 3) HERBERT & JOAN MARTIN - 2 LOT SUBDIVISION - REVISED FINAL PLAT This project consists of the subdivision of a 10.1 acre lot into two (2) lots of 2.75 acres (lot "A") and 7.35 acres (lot "B"). Lot "A" is developed with a single family dwelling and accessory structures and lot "B" is developed with a barn, chicken coop and shed. The sketch plan was reviewed on 3/19/96 (minutes enclosed). This property located at 1201 Spear Street lies within the R1 District. It is bounded on the north by undeveloped land, on the west by two (2) single family dwellings, on the south by Swift Street and on the east by Spear Street. Access: Access to lot "A" is provided by two ( 2 ) 10 foot curb cuts on Spear Street. No access proposed for lot "B". Lot size/frontage: The minimum lot size requirement of one (1) acre will be met by both lots. The minimum frontage requirement of 170 feet will be met by both lots. Coverage/setbacks: Lot A: Building coverage is 9.7% (maximum allowed is 15%). Overall coverage is 11% (maximum allowed is 25%). All existing structures will meet the setback requirements from the proposed property lines. Other: The plat should show a 301x 30' triangle at the intersection of Swift Street and Spear Street to allow for future street improvements as previously recommended by the City Engineer. The applicant should submit the legal documents (i.e., Irrevocable Offer of Dedication) for this parcel of land. These legal documents should be approved by the City Attorney and recorded in the land records prior to recording the final plat. 11 PLANNER 658-7955 City of South Burtington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 June 14, 1996 Doug FitzPatrick FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: 2 Lot Subdivision, 1201 Spear Street Dear Mr. FitzPatrick: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, June 18, 1996 at 7:30 P.M. to represent your request. If you have any questions, JW/mcp Encls please give me a call. i cerely, Jo Weith, Ci y Planner PLANNING COMMISSION 19 March 1996 The South Burlington Planning Commission held a meeting on Tuesday, 19 March 1996, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chair; Mac Teeson, Gayle Barone, Marcel Beaudin Terry Sheahan, Mark Crow, David Austin (part of meeting) Also Present: Joe Weith, City Planner.; David White, Gregg Beldock, Maurice Mobd, Herbert Martin, Joan Martin, Jack Barry, Carla White, John Raoth, Al Mansfield, Vincent Nar.ramore, Rosemary Narramore, Paul Kebabian, Wayne Racine, Don Lefebvre, Sharon Racine, Karen Lefebvre, J. Edgerton, F. Caruccio, Bernie Barone, Doug & Gail Wyand, Mary & Jeff Gr.unvald, R. P. Fisher., Bill Hanley, Michael Cimoneau, Jim Cameron, John Buechler, John Akey, J. Enstode, Doug Fitzpatrick, Steve Kirschner, Monica Farrington, John Kennedy, Ann Merceau, Ken Hilder, Mark Oudette, Shelley Snyder., Rolf Kielman, Bill Cimonetti 1. Other Business: No issues were raised. 2. Review Minutes of 13 February 1996. Mr. Sheahan moved the Minutes of 13 February be approved as written. Mr. Teeson seconded. Motion passed unanimously. 3. Sketch plan application of Herbert & Joan Martin to subdivide a 10.1 acre lot into two lots of 2.74 acres and 7.36 acres, 1201 Spear Street: Mr. Fitzpatrick showed the property located at the corner of Spear and Swift Streets. The applicant will sell off the 7.36 acre piece, but there are as yet no plans for its development. They are not requesting an access to Lot B. There is presently a gate for farm vehicles for haying. Mr.. Martin asked if it would make a difference if the boundary were moved a couple of feet. Mr. Weith said he would have to check with staff as this is a unique situation because there is no primary residence on the lot. 4. Site plan application of Gail Wyand and Mary Grunvald to 1) raze a 26 unit motel building and 2) construct a 5530 sq. ft. standard restaurant with 155 seats, 1330 Shelburne Rd: Mr. Teeson stepped down due to a conflict of interest LEGAL IOTICES 1 ADVERTISEMENT FOR BIDS Grand Isle Fire District #4 72 Moccasin Avenue Grand Isle, VT 05458 Separate sealed BIDS h the construction of Zebi Mussel Control In provements, including 45 foot extension of existin intake, installation ( 1,000 feet of 4" HDP containment piping wit chemical feed lines an sample lines, chemic< feeders and other appur tenannes will be receive, by Grand Isle Fire District M4, Howara Parizo, Chairman a the office of Lamou roux, Stone & O'Lea Consulting Engineers 14 Morse Drive, Essex Junction, VT 0545 until 4:00 P.M., (Dayligh Savings Time) June 27 1996, and then at said office publicly opened an read aloud. Each BID must be accom- panied by a certified check payable to the OWNER for five per- cent (5%) of the total amount of the BID. A BID bond may be used in ieu of a certified :heck. adders are reminded that Minority Business Enter - )rise", "Women's Busi- ess Enterprise" and Federal Wage Rates -Da- is Bacon Act" do not ipply to the WORK. he CONTRACT DOCU- tENTS may be examined I the following locations: lorksin Progress, )49 Williston Road, o. Burlington, VT 05403 odge Plan Room, Farrel Street, �. Burlington, VT 05403 imureux, Stone & Leary, 14 Morse Drive, :sex Jct., VT 05452 )pies of the CONTRACT )CUMENTS may be tained at the office of moureux, Stone & Leary Consulting Engi- ers, Inc. located at 14 )rse Drive, Essex Junc- 1, VT 05452 upon pay- nt of $35.00 for each Any BIDDER, upon urning the CONTRACT CUMENTS within 30 ,s after the actual date BID opening and in )d condition, will be ended his payment. Performance BOND a Payment BOND ea- h in an amount equal one hundred percent )%) of the contract e, will be required. mum wage rates and is work employment are applicable. 28, 1996 'ard Parizo ict Chairman 30 & 31, 1996 1, 1996 AGENCY OF TRANSPORTATION MONTPELIER INVITATION FOR BIDS Seated bids, on forms fur- nished by the State, will be received until 11:00 a.m. prevailing time on Friday, June 14, 1996, at 133 State Street, Room 319. Montpelier, VT for the construction of the project hereinafter de- scribed. The time of re- ceiving and opening bids may be postponed due to emergencies or unfore- seen conditions. LOCATION: JERICHO AG MC 0005(1); In the Town of Jericho begin- ningg a a point on TH 2, 0.25 mile east of its inter- section with TH 1 and extending easterly 0.0159 mile. CONSTRUCTION BEING: Replace existing bridge and other related items. t Plans and Bid Proposals may be seen and ob- rytained at the Agency of Transportation, Montpe- ' tier, VT and may be seen at the office of J.E. 2 Wood, District Transpor- t tation Administrator )Y5, d Colchester, Vermont. d Minimum wage rates pre- determined by the Secre- tary of Labor for the project are set out in the advertised specifications and bid proposals, and such rates are a part of the Contract covering the project in acordance with Section 115 of the Feder- al -Aid Highway Act of 1956. This Contract is subject to the Work Hours Act of 1962, PL 87-581, and implementing regula- tions. Contractors must perform this work under the Fair Labor Standards Act (Federal Wage -Hour Law) as well as all other applicable labor laws. Minimum labor and truck rates have been predeter- mined by the State Trans- portation Board and are set out in the Bid Propo- sal. Contractors bidding on this project must be qualified in accordance with the Agency Regula- tions. The Vermont Agen- cy of Transportation hereby notifies all bidders that it will affirmatively in- sure that in any contract entered into pursuant to this advertisement:, mi- nority business enter- prises will be afforded full opportunity to submit bids in response to this invita- tion and will not be dis- criminated against on the grounds of race, color, religion, sex, or national origin in consideration for an award. The right is reserved to reject any or all bids, to waive any for- mality and any and all _ technicalities in bids and to accept such bid as may be deemed in the best interest of the awarding agency. May 29, 1996 June 1, 1996 BURLINGTON PUBLIC SCHOOL DISTRICT BID REQUEST FOR ROOF REPLACEMENT The Burlington Public School District invites in- terested roofers to submit Letter of Interest and Qualification Statement, Continued Next Column AIA Document A305 pre -qualification, for b ding on the contract I the roof replacement the Barnes, Champla Smith Elementa Schools, Edmunds Schc Complex and Burlingt( High School. The Burlin ton Board of School Cor missioners ha established pre-qualific tions which a contract( must meet. Sixty (6 days prior to openir bids, the Burlington Publ School District request contractors to complet the pre-qualificatio statement. At least thin (30) days prior to the prc posed bid opening, th Board will give written nc tice to each eligible bid der. The pre q u a I i f i c a t 1 o t statement must b4 completed and filet with the architecture office of Colin Lind berg no later thar June 21, 1996. Bid specifications may be obtained at the architectu- ral office of Colin Lind- berg, A.I.A, 444 South Union Street, Burlington, VT 05401 starting June 28, 1996. The contractor must comply with the City of Burlington Women In Trades Ordinance. The bid shall be submitted in a sealed envelope clearly marked SCHOOL DISTRICT ROOF PRO- JECT -SEALED BID and mailed to the Burling- ton School District, 150 Colchester Ave- nue, Burlington, Vt 05401, Attn: Scott Lisle. All proposals are due no later than 2:00 p.m. August 2, 1996 at the Burlington School Dis- trict Office, 150 Colches- ter Avenue, Burlington, Vt. The Burlington Board of School Commissioners reserves the right to reject any and all bids and to accept or reject any part of any bid and to re -ad- vertise, to waive any or all informalities in the bid and to accept the bid which in the sole judgment of the Burlington Board of School Commissioners is most advantageous to the Burlington School Depart- ment, even though it may not be the lowest priced bid. Any exceptions to the specifications in the bid should be clearly ex- plained in writing. No bid shall be withdrawn for a period of ninety (90) days after the opening of the bids. June 1, 2 & 3, 1996 ADVERTISING WITH STARS IS LIKE PUTTING YOUR NAME IN LIGHTS Lt"AL iV V i lt.,t� or LEGAL NOTICE d- or The Essex Junction of School District invites n, bids for the installation of Yl approximately 600 ft. of o drain pipe behind the AI- ,n bert D. Lawton Jr. High J- School. Pro)Ject may begin I- June 17, 1996. Specifica- s tions can be obtained by r- contacting the Property r Services Office at the Es- sex Community Educatio- 9 nal Center, 2 Educational c Drive, Essex Junction, s Vermont 05452, 879-5554 (7am-3pm). ✓ Sealed bids clearly marked "Drainage" will be i opened publicly at the above address @ 2:15 pm, June 13, 1996. May 31, 1996 June 1, 2 & 3, 1996 LEGAL NOTICE The Essex Junction School District invites bids for a project at the Albert D. Lawton Jr. High School for the removal of the present gym floor, shot blasting and water- proofing the existing con- crete slab. Specifications can be ob- tained by contacting the Property Services Office at the Essex Community Educational Center, 2 Ed- ucational Drive, Essex Junction, Vermont 05452, 879-5554 (7am-3pm). Sealed bids clearly marked "Gym Floor" will be opened publicl at the above address 2:15 Pm, June 13, 1996. May 31, 1996 June 1, 2 & 3, 1996 NOTICE OF PUBLIC SALE OF PERSONAL PROPERTY Notice is hereby given that the undersign will sell to satisfy lien of owner, at public sale by closed bid- ding on June 22, 1996 at 10:00 A.M. at Extra Space Storage Facility located at 15 Williston Rd., Williston, VT. The personal goods stored therein by the following: George Blakley Jeff Folb Bonnie Westdyke Louis LaRose Gregory Enterprises Purchases must be made with cash only and paid for at the time of sale. All items to be removed from the unit at time of pur- chase. A $50.00 deposit will be made and re- funded after unit has been broom cleaned. We re- serve the right to accept or reject bids. June 1 & 8, 1996 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION Fhe South Burlington 'fanning Commission will sold a public hearing at he South Burlington City tail, Conference Room, 75 Dorset Street, South iurlington, Vermont on 'uesday, June 18, 1996 t 7:30 P.M. to consider ie following: Final plat application of Continued Next Column LEGAL NOTICE5 I EZP Golfco Inc. for con- struction ot Phase 1 B of a planned residential devel- opment consisting of 191 single family lots and 40 multi -family units, and an 18 hole golf course on approximately 452 acres of land, Dorset Street. Phase 1 B consists of the creation of 75 single fami- ly lots for development and construction of re- lated roadways and utili- ties. 2) Final plat application of Dr. Herbert & Joan Martin for subdivision of 10.10 acres of land into two (2) lots of 2.75 acres and 7.35 acres, 1201 Spear Street. 3) Revised final plat appli- cation of Larkin Milot Partnership to amend a condition of approval for a Planned residential devel- opment consisting of 73 single family lots, Pinnacle Spear, Spear Street. The amendment is to waive the requirement for posting a bond to insure the planting of two (2) trees per lot. 4) Revised final plat appli- cation of Dik Kwan to amend a planned unit de- velopment consisting of two (2) multi -use commer- cial buildings and 16 mul- ti -family units. The amendment is to convert 1.836 square feet of office space to a 50 seat restau- rant, Patchen road. Copies of the applications are available for public inspection at the south Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission June 1, 1996 STATE OF VERMONT DISTRICT OF FRANKLIN, SS PROBATE COURT DOCKET NO. 96-95E IN RE THE ESTATE OF SUZAN NICHOLS LATE OF CHARLOTTE, VT NOTICE TO CREDITORS To the creditors of the estate of Suzan Nich- ols late of Charlotte, VT. I have been appoint- ed a personal representa- tive of the above named estate. All creditors hav- ing claims against the es- tate must present their claims in writing within 4 months of the date of the first publication of this no- tice. The claim must be presented to me at the address listed below with a copy filed with the regis- ter of the Probate Court. The claim will be forever barred if it is not pre- sented as described above within the four month deadline. Dated May 23, 1996 Renee C. Kleinman c/o David H. Greenberg, Esq. P.O. Box 201 Burlington, VT 05402 Telephone: (802) 655- 6621 Continued Next Column Name of Publicatic The Burlington Fre First Publication D June 1, 1996 Second Publication June 8, 1996 Address of Probat County Courthous, P.O. Box 511, Mair Burlington, VT 054i June 1 & 8, 1996 ABSOLUTELY FRE auto, able 7 days Free junk car re Cash for good c Dan & Sons 89; autc A FREE JUNK CAR REM Some cars worth Greater Burlington Rathe's Salvage Fri 8-5. Sat 8-12 65 Wool Bol The Burp 11 80-9 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont 0 05495 • (802) 878-3000 June 5, 1996 Mr. Raymond J. Belair Zoning and Planning Assistant City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: 2-lot subdivision, 1201 Spear Street File: 96018 Dear Mr. Belair: Thank you for your letter of 22 May, enclosing preliminary comments from the City Engineer and Fire Chief. Please find enclosed 5 full-size Final Plat prints, plus 1 11 "x17" photo reduction. The enclosed plans are signed and ready for recording, once approved. You also asked for coverages on Lot "A", the lot containing the existing dwelling. Our computations show the dwelling, pool, garage, and tennis court cover approximately 11,660 square feet, or 9.7% of the total lot. The driveway is estimated to cover an additional 1,500 square feet, for a total coverage of 11.0%. We trust the enclosed plans and information will be satisfactory for this subdivision's Final Plat hearing. Should you have any questions, please let us know. Sincerely, FITZPATRICK-LLEW LYN INCORPORATED Douglas itzPatrick, P.E. cc: Dr. and Mrs. Martin C \WPWIN60\WPD0CS\DRF429\96018.2 Design 0 Inspection 0 Studies 0 Permitting 0 Surveying 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, June 18, 1996 at 7:30 P.M. to consider the following: 1) Final plat application of EZP Golfco Inc. for construction of Phase 1B of a planned residential development consisting of 191 single family lots and 40 multi -family units, and an 18 hole golf course on approximately 452 acres of land, Dorset Street. Phase 1B consists of the creation of 75 single family lots for development and construction of related roadways and utilities. 2) Final plat application of Dr. Herbert & Joan Martin for subdivision of 10.10 acres of land into two (2) lots of 2.75 acres and 7.35 acres, 1201 Spear Street. 3) Revised final plat application of Larkin Milot Partnership to amend a condition of approval for a planned residential development consisting of 73 single family lots, Pinnacle @ Spear, Spear Street. The amendment is to waive the requirement for posting a bond to insure the planting of two (2) trees per lot.- 4) Revised final plat application of Dick Kwan to amend a planned unit development consisting of two (2) multi -use commercial buildings and 16 multi -family units. The amendment is to convert 1,836 square feet of office space to a 50 seat restaurant, Patchen Road. Copies of the applications are available for public inspection 0t the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission June 1, 1996 N/F ERDMANN '� 66/449 N/F ERDMANN •-�� 2gb� 79.E J 91/81 502 67�-��.-_ - ?3_ E 2 6,5 HERBERT L & JOAN C. MARTIN LOT »B» SEE PRRCE ' 1081274 I TOTAL AREA 321,076 sq. ft. 440,314 sq. ft. 10.10 acres 7.36 acres 1 N/r- LORELEE BROWN, JEFFERY MARTIN, PATRICIA SPENCE, DEBORAH OLSEN, N19_27'3fi E WOODS BRENDA STEPHENS & HERBERT N. MARTIN HEDGEROW ------ ------ ---357.00--------- -101 3161554 2'+/- WATER VALVE ! __ •�-' APPRQX/MATE I 1 CHAIN LINK \ WASTEWATER BARN GRAVEL DRIVE I FENCE \I TENNIS COURTS iDISPOSAL AREA �� o CHICKEN COOP o j - r,i FENCE �•--'' 150'+ 125 +/- �V r , \ \ o I oo POOL6 Nl o SHED G TE' PROPOSED 20' WIDE WATER LINE EASEMEN \I I DWELLING CENTERED ON EXIS77NGWATER LINE I (ASSUMED LOCATION) LOT "A" GARAGE/STUDIO 1 I 119,238 sq. ft. APARTMENT 1 2.74 acres APPLE ORCHARD 1 S 19'2736" W GRAVEL DRIVE ' 33.00' I \ I 160.54' 357.00' // S 14 29 57 _ To SHELBURNE - SPEAR STREET — EDGES OF PAVEMENT (TYP.) 20" PINE TREE 024* CHESTNUT TREE HEDGEROW LEGEND ---� PERIMETER PROPERTY LINE — - — - — OTHER PROPERTY LINE -•--- - - - LOT LINE --- PROPOSED EASEMENT LINE EXISTING TREE LINE ❑ FOUND CONCRETE MONUMENT 0 FOUND IRON P/N/PIPE • IRON PIN TO BE SET - - - - - - OVERHEAD WIRE - CENTERLINE OF ROADWAY U77LITY POLE EXISTING STRUCTURE 289.33' jT0 FOUND CONCRETE MONUMENT WITH BRASS CAP "UVM" RECE& . cw FEB 1 5 1996 City of So. Burlington GRAPHIC SCALE 50 0 25 50 100 200 400 ( IN FEET) 1 inch = 50 ft. LOCUS NOTES N rs 1. REFERENCE IS MADE TO THE WARRANTY DEED OF WALTER W. EDLUND AND PHYLLIS M. EDLUND TO HERBERT L. MAR77N AND JOAN C. MARTIN, DATED 28 OCTOBER 1972, AS RECORDED IN VOLUME 108, BEGINNING ON PAGE 274 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. 2. REFERENCE IS MADE TO A SURVEY ENTITLED RETRACEMENT SURVEY OF LANDS OF DR. HERBERT L. AND JOAN C. MARTIN; SOUTH BURLlNGTON, VERMONT,• PREPARED BY FITZPA7RICK-LLEWELLYN INC.; PROJECT #91101; DATED NOV. 1991; DRAWING fD 4138, RECORDED IN MAP VOLUME 386 ON PAGE 28 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS J. NORTH AS SHOWN ON THIS PLAN IS BASED ON THE UNIVERSITY OF VERMONT GRID SYSTEM. 4. LOT LAYOUT AND DESIGNATION SHOWN HEREON /S AS DIRECTED BY THE OWNERS. 5. APPLICANT AND OWNER OF RECORD: HERBERT L. & JOAN C. MARTIN 1201 SPEAR ST. SOUTH BURLINGTON, VT 6. PARCEL SHOWN HEREON IS WITHIN THE R1" ZONING DISTRICT 7. PARCEL SIZE= 10.10 ACRES PROPOSED LOT A"= 2.74 ACRES PROPOSED LOT B"= 7.36 ACRES 10.10 ACRES 5KE TCH PLAN CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Herbert L. and Joan C. Martin b . Applicant Same c. Contact FitzPatrick-Llewellyn, Inc. - Douglas R. FitzPatrick 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Proposed subdivision of 10.1 acre parcel will create a vacant lot (7.36 acres) with only outbuildings, and a smaller lot (2.74 acres) with the existing dwelling/garage on it. 3) Applicant's legal interest in the property (fee simple, option, etc. Fee Simple 4) Names of owners of record of all contiguous properties Erdman, Brown, Martin, Spence, Olsten, Stephens & Martin 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. None known to exist. An easement is proposed for the existing water service across the 7.36-acre parcel. 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. None anticipated. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affects the proposed subdivision, and include the dates of such actions: None Known. 8) Submit five copies and one reduced copy (81 x 11, 8J x 14 or 11 x 17) of a Sketch plan showing the following information: a) Name and address of the owner of record and applicant. b) Name of owners of record of contiguous properties. c) Date, true north arrow and scale (numerical and graphic). d) Boundaries and area of: 1) all contiguous land belonging to owner of record, and 2) proposed subdivision. e) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. f) Type of, location, and size of existing and proposed streets, structures, utilities, and open space. g) Existing zoning boundaries. h) Existing water courses, wetlands, floodplains, wooded 7areas, ledge outcrops, and other natural features. i) Location of existing septic systems and wells. j) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. k) All applicable information required for a site plan, as provided in the South Burlington Zoning Regulations, shall be submitted for subdivisions involving a commercial or industrial complex, multi -family project, planned uni"evelopment, or planned residential devdloA'mA—nl-` \cam 02/14/96 (Signature contact person Date FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 9 (802) 878-3000 February 14, 1996 Mr. Raymond J. Belair Zoning and Planning Assistant City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Martin 2-Lot Subdivision File: 96018 Dear Mr. Belair: On behalf of our Client, Dr. and Mrs. Herbert Martin, we are herewith making application for a 2-Lot subdivision in the R1 zoning district. The Martin's dwelling and outbuildings are presently situated on a 10.1-acre parcel at the northwest corner of the intersection of Swift and Spear Streets. Dr. and Mrs. Martin wish to subdivide this parcel into 2 Lots, with the dwelling and some of the improvements on a 2.74-acre parcel. The residual parcel, 7.36 acres in size, will be vacant other than some existing outbuildings. At this time no improvements or development of the 7.36-acre parcel are anticipated, so no allocation of water or sewer is being sought. We believe this subdivision, after approval by the City, will also need permitting by the State, at which time a deferral permit will be sought for the 7.36-acre parcel. The Martin's look forward to being on the Planning Commission's next available agenda; will you please let us know when this Sketch Plan will be on the agenda. We have enclosed 5 full-size copies of the proposed subdivision plat, plus a photo -reduced copy, for your review. Also, enclosed please find a completed Application for Sketch Plan review. Should you have any questions, or need additional information, please don't hesitate to contact us. Sincerely, FITZPATRICK-LLEW LYN, INC. Douglas R. itzPatrick, P.E. c.c. Dr. and Mrs. Martin wlenclosures Design • Inspection 0 Studies 9 Permitting 0 Surveying City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 22, 1996 Doug FitzPatrick FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: 2 Lot Subdivision, 1201 Spear Street Dear Mr. FitzPatrick: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans no later than Friday, June 7, 1996. If you have any questions, please give me a call. Sinc ely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls M E M O R A N D U M To: Applicants/Projec F'les v `� From: Raymond J. Belair, Zoning and Planning Assistant Re: Preliminary Comments, June 18, 1996 agenda items Date: May 23, 1996 ADULT DAY CARE - OFFICE TO DAY CARE - SITE PLAN --- provide information on all existing uses in the office building such as: o square footage of medical office space o square footage of general office space o if there is another day care in the building, provide the number of children and staff. --- indicate previous use of the space to be converted (medical or general office) and number of people in the office. --- provide building, overall and front yard coverage information. --- plan should be revised to accurately reflect the parking layout. HERBERT & JOAN MARTIN - 2 LOT SUBDIVISION - FINAL PLAT --- provide building and overall coverage information for lot "A". --- the plat should show a 30'x 30' triangle at the intersection of Swift Street and Spear Street to allow for future street improvements as previously recommended by the City Engineer. WAYNE & BEVERY DARLING - 3 LOT SUBDIVISION - SKETCH PLAN The sketch plan should be revised to include the following information: --- name of owners of record of contiguous properties. --- true north arrow --- graphic scale --- type of, location and size of existing and proposed water and sewer lines. --- wooded areas --- location map 1 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: June 18, 1996 Agenda Items Date: May 17, 1996 KWAN'S RESTAURANT - AL BENSEN PROPERTY - PATCHEN ROAD 1. Restaurant must have a grease grit trap on their kitchen sanitary drain line. 2. Site plan received April 25, 1996 is acceptable. 385 WHITE STREET - 3 LOT SUBDIVISION 1. The sliver of land to the rear of lot No. 1 and existing house at 385 White Street should be added to these lots. 2. Sewer serving these lots is in the center of White Street. White Street is scheduled for improvement this year. The services should be put in before the street in reconstructed. ADULT DAY CARE - 1 KENNEDY DRIVE Site plan received May 21, 1996 is acceptable. HERBERT & JOAN MARTIN - 1201 SPEAR STREET 1. The subdivision should include a 30'x 30' triangle at the intersection of Swift and Spear Street to allow for future street improvements especially a sidewalk. The corner as it now exists is almost at the edge of the pavement. M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for June 18, 1996 Agenda Date: May 22, 1996 I have reviewed the listed site plans and my comments are as follows: 1. Kwan's Restaurant Patchen Road Acceptable 2. Three Lot Subdivision 385 White Street Acceptable 3. Two Lot Subdivision (Martin) Spear Street 4. Adult Day Care 1 Kennedy Drive Acceptable Dated 4/25/96 Dated 4/30/96 Project No. 96018 Dated 6/11/81 3 P 2 p,�-- N/F ERDMANN I 66/449 i NORM I N/F ERDMANN N 29-0 91/81 ��-- 179 E i 502 THEE PINE TREE `W' " 24 CHESTNUT 29�121' TREE 23 '��- HEDGEROW 24' SPRUCE I HERBERT L & JOAN C. MARTIN LOT "B. TREE 1081274 TOTAL AREA 320, 421 sq. & 440,314 sq. ft. 10.10 acres 35 acres ® I N_19_'27'36"E WOODS/ ' HEDGEROW •-------- 35700 --- --- —� 1 i 2-+/- ■ WATER VALVE APPROXIMATE BARN CHAIN LINK \ WASTEWATER IN ■ FENCE \I TENNIS ISPOSAL AREA`D GRAVEL DRIVE I COURTS CHICKEN COOP o 4I_ 3 FENCE �•� 125.4'+/ ■ m NI` I \\ POOL I SHED \A G 7E %��\\�� 2 �� PROPOSED 20' WIDE - WATER LINE EASEMENT - CENTERED ON EXIS77NG DWELLING WATER SERVICE I �Ip® (ASSUMED LOCA710N) ®.� GARAGE/STUDIO APARTMENT �I� LOT "A" I APPLEL--�7S 197736" W 119,693 sq. ft. GRAVEL DRIVE'33 00' 2 75 ■ • acres l i w S 197T36" W T-�� , 679.33' — S P E A R S T R E E T TO SHELBURNE APPROXIMATE LOCA77ON OF 12" WATERLINE (PER CHAMPLAIN WATER DISTRICT) LEGEND --�• PER/METER PROPERTY LINE — - — - — OTHER PROPERTY LINE -- - -- - LOT LINE PROPOSED EASEMENT LINE EXISTING TREE LINE O FOUND CONCRETE MONUMENT O FOUND IRON P/N/PIPE • IRON PIN TO BE SET - - -- �• - - -- OVERHEAD WIRE —_ - -- - - EXISTING WATER LINE - CENTERLINE OF ROADWAY IS- UT7LI7Y POLE EXISTING STRUCTURE EDGES OF 2 - w• PAVEMENT (Typ•) 283..i3'& N/F LORELEE BROWN, JEFFERY MARTIN, PATRICIA SPENCE, DEBORAH OLSEN, BRENDA STEPHENS & HERBERT N. MARTIN J161554 LOCUS NOTES N. T. S. 1. REFERENCE IS MADE TO THE WARRANTY DEED OF WALTER W. EDLUND AND PHYLLIS M. EDLUND TO HERBERT L. MAR77N AND JOAN C. MARTIN, DATED 28 OCTOBER 1972, AS RECORDED /N VOLUME 108, BEGINNING ON PAGE 274 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS 2. REFERENCE IS MADE TO A SURVEY ENTITLED RETRACEMENT SURVEY OF LANDS OF DR. HERBERT L. AND JOAN C. MARTIN; SOUTH BURLINGTON, VERMONT' PREPARED BY FITZPA7R/CK-LLEWELLYN INC.; PROJECT #91101; DATED NOV. 1991; DRAWING #V 4138; RECORDED IN MAP VOLUME 386 ON PAGE 28 OF 774E CITY OF SOUTH BURLINGTON LAND RECORDS. J. NORTH AS SHOWN ON THIS PLAN IS BASED ON THE UNIVERSITY OF VERMONT GRID SYSTEM. 4. LOT LAYOUT AND DESIGNATION SHOWN HEREON IS AS DIRECTED BY THE OWNERS 5. APPLICANT AND OWNER OF RECORD. HERBERT L. & JOAN C. MAR77N 1201 SPEAR ST. SOUTH BURLINGTON, VT. 6. PARCEL SHOWN HEREON IS WITHIN THE Rl" ZONING DISTRICT 7. PARCEL SIZE= 10.10 ACRES B�R�IN PROPOSED LOT "A'--2.75 ACRES® /10 PROPOSED LOT B"= 7.35 ACRES 10.10 ACRES FOUND CONCRETE MONUMENT WITH BRASS CAP `UVM" GRAPHIC SCALE 50 0 25 50 100 290 400 ( IN FEET ) 1 inch = 50 ft. Am r Ic '4'. - j-V E APR 3 0 1996 City of So. Burlington CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1 ) Name of Applicant Dr. Herbert L. & Joan C. Martin 2 ) Name of Subdivision 1201 Spear Street 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application NA 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: Lengthen front line lot "A" by 6 feet, increase area by b.01 acres. 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and containing all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for minor sudivision and under Section 204.1(b) for a major subdivision. Date FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO [LIEVU ME @IF DATE Z.C� /* JOB NO. ATTENTION P- y � � 5 WE ARE SENDING YOU � Attached ❑ Under separate cover via the following items: ❑ Shop drawings Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION -z_ x_%10f� ac 1�•4 1 THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ FOR BIDS DUE 19 El PRINTS RETURNED AFTER LOAN TO US REMARKS 5c J L LV ILA `` � �a• Orr? . W t w n COPY TO 1Nt , bl,1 V S RECYCLED PAPER: SIGNE _ Contents: 40 % Pre -Consumer • 10 % Post -Consumer If enclosures are not as noted, kindly notify c gs i of do^_119-P City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 15, 1996 Doug FitzPatrick FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: 2 Lot Subdivision, 1201 Spear Street Dear Mr. FitzPatrick: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the March 19, 1996 Planning Commission meeting minutes. Please note that a final plat application must be submitted within six (6) months from the date of the meeting. If you have any questions, please give me a call. S erely, I yie Weith, City Planner JW/mcp 1 Encl M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, South Burlington City Planner Re: March 19, 1996 Agenda Items Date: March 15, 1996 3) HERBERT & JOAN MARTIN - 2 LOT SUBDIVISION - SKETCH PLAN This project consists of the subdivision of a 10.1 acre lot into two (2) lots of 2.74 acres (lot "A") and 7.36 acres (lot "B"). Lot "A" is developed with a single family dwelling and accessory structures and lot "B" is developed with a barn, chicken coop and shed. This property located at 1201 Spear Street lies within the R1 District. It is bounded on the north by undeveloped land, on the west by two (2) single family dwellings, on the south by Swift Street and on the east by Spear Street. Access: Access to lot "A" is provided by two (2) 10 foot curb cuts on Spear Street. No access proposed for lot "B". Lot size/frontage: The minimum lot size requirement of one (1) acre will be met by both lots. The minimum frontage requirement of 170 feet will be met by both lots. Coverage/setbacks: Building and overall coverage information should be provided for final plat. All existing structures will meet the setback requirements from the proposed property lines. 4) GAIL WYAND & MARY GRUNVALD - RESTAURANT - SITE PLAN This project consists of: 1) razing a 26 unit motel building, and 2) constructing a 5530 square foot standard restaurant with 155 seats. This project which originally proposed 164 seats was denied on 2/13/96 (minutes enclosed). 1 ti h ti N/F ERDMANN r 661449 N,, ERDMANN �� cF�`O NoatH 4�2- 552 r E�� i 20" PINE TREE (OD24' CHESTNUT ---.: 290 21- TREE 232�85'i� HEDGEROW 4i'�SPRUCE HERBERT L & JOAN C. ]MARTIN LOT „Bp TREE I 1081274 TOTAL AREA 321,076 Z 36acres ft. ' 7.3s I 440,314 sq. ft. 10.10 acres N1'F LORELEE BROWN, JEFFERY MAR77N, PATRICIA SPENCE, DEBORAH OLSEN, N19_27_36£ WOODS BRENDA STEPHENS & HERBERT N. MARTIN HEDGEROW---------357.00_--- --- -• 3161554 2'+1- i WATER VALVE _ ,�.�'- APPROXIMATE CHAIN LINK WASTEWATER BARN FENCE �I TENNIS iDISPOSAL AREA GRAVEL DRIVE COURTS CHICKEN COOP o1� 3 � FENCE L•� v I to POOL � NIA SHED � GATE 21.t I M1� PROPOSED 20' WIDE WATER LINE EASEMENT \ - ; CENTERED ON EXIS77NG DWELLING I WATER SERVICE 1 I (ASSUMED LOCATION) m`.� GARAGE/STUDIO APARTMENT ; LOT "A" \ =APPLEARD I S 1977'36" W 119,238 sq. ft. GRAVEL DRIVE 33.00' I 2.74 acres 1 35700, _ T /1 \ 1 _ 289.33' I 0. 54 __ __ ._�L.�.y.�._— �__ __ _. __ R. W • S 197736"679�- - TO SHELBURNE - APPROXIMATE LOCA77ON OF 12" WATERLINE (PER CHAMPLAIN WATER DISTRICT) LEGEND --� PERIMETER PROPERTY LINE — - — - — OTHER PROPERTY LINE ------ LOT LINE ---- PROPOSED EASEMENT LINE EXIS77NG TREE LINE FOUND CONCRETE MONUMENT O FOUND IRON PIN/PIPE • IRON PIN TO BE SET - OVERHEAD WTR£ -� - -•- - - EXIS77NG WATER LINE - CEN7ERLINE OF ROADWAY 9 U77LITY POLE EXIS77NG STRUCTURE SPEAR S TREET- EDGES OF t-a• - - ---- �. - �.--- PAVEMENT (Typ.) LOCUS NO TES N. T.5. 1. REFERENCE /S MADE TO THE WARRANTY DEED OF WALTER W. EDLUND AND PHYLLIS M. EDLUND TO HERBERT L. MAR77N AND JOAN C. MARTIN, DATED 28 OCTOBER 1972, AS RECORDED /N VOLUME 108, BEGINNING ON PAGE 274 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. 2. REFERENCE IS MADE TO A SURVEY EN777LED R£7RACEMENT SURVEY OF LANDS OF DR. HERBERT L. AND JOAN C. MARTIN, SOUTH BURLINGTON, VERMONT' PREPARED BY F17ZPA77?ICK-LLEWELLYN INC.; PROJECT ,f91101; DATED NOV. 1991; DRAWING ,#D 4138; RECORDED IN MAP VOLUME 386 ON PAGE 28 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. J. NORTH AS SHOWN ON THIS PLAN IS BASED ON THE UNIVERSITY OF VERMONT GRID SYSTEM. 4. LOT LAYOUT AND DESIGNATION SHOWN HEREON IS AS DIRECTED BY THE OWNERS. 5. APPLICANT AND OWNER OF RECORD: HERBERT L. & JOAN C. MARTIN 1201 SPEAR ST. SOUTH BURLINGTON, VT. 6. PARCEL SHOWN HEREON /S WITHIN THE R1" ZONING DISTRICT G1�N Z PARCEL SIZE= 10.10 ACRES %10 gURLIN PROPOSED LOT B 736 ACRES 10.10 ACRES FOUND CONCRETE MONUMENT W17H BRASS CAP "UVM" er"t E C LE. -a I v L U MAR 0 8 1996 City of So. Burlington GRAPHIC SCALE 50 0 25 50 100 290 400 IN FEET) 1 inch = 50 ft. 5KET01-1 PLAN City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 15, 1996 Doug FitzPatrick FitzPatrick-Llewellwn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: 2 Lot Subdivision, 1201 Spear Street Dear Mr. FitzPatrick: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, March 19, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, Joe Weith,Aj City Planner JW/mcp Encls FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 March 8, 1996 Mr. Raymond J. Belair Zoning and Planning Assistant City of Scuti'l Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: 2 Lot Martin Subdivision, 1201 Spear Street File: 96018 Dear Mr. Belair: We are in receipt of your letters dated 26 February 1996, enclosing comments from the City Engineer, Fire Chief, and containing your comments. The City requested that the water main on Swift Street and the water service be shown. We have contacted CWD, and have shown the water line where they believe it is. The water service is now also shown on the revised plan, based on a valve location we found during our survey and the Owner's best knowledge of how the service reaches the house. Please note the plan indicates these are assumed locations, since no excavating was done to verify the iccations. We have not shown the "30 ft by 30 ft" triangle at the corner of Swift and Spear Streets, as suggested by Mr. Szymanski, to allow for future street and sidewalk improvements, since we have not been able to discuss this matter with both Dr. and Mrs. Martin. As you suggested, maybe this is better left to be discussed at the Sketch Plan review meeting on 19 March. please find enclosed 5 more full-sized revised plans of the Sketch Plan, as well as an 11" x 17" photo reduction. Should you have any questions, please don't hesitate to call. Sincerely, FITZPATR!CK-LLEWELLYN INCORPORATED Dougla+1FR.itzPatrrick, P.E. cc: Dr. and Mrs. Martin w/encl. CAW P W iN80\W PDOCS\DRF429\98018 1 Design 0 Inspection 0 Studies 9 Permitting 0 Surveying City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 26, 1996 Doug FitzPatrick FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: 2 Lot Subdivision, 1201 Spear Street Dear Mr. FitzPatrick: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from Fire Chief Wally Possich. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for March 19, 1996 Agenda Date: February 27, 1996 I have reviewed the following site plans and my comments are as follows: 1. Subdivision Plan/Martin Spear Street Acceptable 2. L&M Park (Plan A) Fayette Road Acceptable 3. L&M Park (Plan B) Fayette Road Acceptable 4. Ben & Jerry's Kimball Avenue Dated 2/15/96 Project No. 96018 Dated 2/9/96 Project No. 7221 Dated 2/9/96 Project No. 7221 Dated 2/16/96 Acceptable, except adequate water and hydrant plans are required. 5. Pizzeria Uno Dated 2/23/96 1330 Shelburne Road Project No. 7226 Acceptable City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 26, 1996 Doug FitzPatrick FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: 2 Lot Subdivision, 1201 Spear Street Dear Mr. FitzPatrick: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above project from City Engineer Bill Szymanski and myself. Comments from Fire Chief Wally Possich will be forwarded when they are available. Please respond to these comments with addition information and/or revised plans no later than Friday, March 8, 1996. If you have any questions, please give me a call. Sincerely, Ra�mondJ`J. Belair, Zoning and Planning Assistant RJB/mcp Encls M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: March 26, 1996 Agenda Items Date: February 16, 1996 L&M PARK - SHELBURNE ROAD There exists a street light within the conservation zone which will also have to be moved. Plans should show where it will be relocated. MARTIN SUBDIVISION - SWIFT/SPEAR STREET 1. The subdivision should include a 30'x 30' triangle at the intersection of Swift and Spear Street to allow for future street improvements especially a sidewalk. The corner as it now exists is almost at the edge of the pavement. 2. A 24 inch water main exists along the south side of Swift Street. It should be shown. BEN & JERRY'S - DIGITAL PLANT - KIMBALL AVENUE Plans should show water and sewer services and include a north arrow. M E M O R A N D U M To: Applicants/Project Files From: Raymond J. Belair,�ing and Planning Assistant Re: Preliminary Comments, March 19, 1996 Agenda Items Date: February 26, 1996 GREGG BELDOCK - SITE MODIFICATIONS - SKETCH PLAN --- plan B is short one (1) parking space. --- there is currently a dumpster located outside the dumpster enclosure and several trash containers lined up against the building. All these containers should be placed behind the screened enclosure. --- the plan should be revised to reflect the new curb constructed adjacent to the dumpster behind the bank building. --- provide one (1) additional full sized copy of each plan in addition to an 1111x 17" reduction of each plan. --- the two (2) parallel spaces on plan A located under the building at the northwest corner are substandard. Parallel spaces must be at least 22 feet in length. Revised finalplat: --- provide overall coverage information. --- provide "as -built" landscaping plan. HERBERT & JOAN MARTIN - 2 LOT SUBDIVISION - SKETCH PLAN --- plan should show the size and location of the existing water line along Swift Street and the service to the house. TRUEX CULLINS & PARTNERS ARCHITECTS - LIGHT MANUFACTURING TO OFFICE -SITE PLAN Site plan should be revised to include the following information: --- the site plan should include the entire lot, not just a small portion. --- the minimum landscaping requirement, based on building costs, is $17,000. Plan should show all existing landscaping and proposed landscaping with a value of $17,000. Plan should include a planting schedule. JOHN M. DINSE, COUNSEL ROBERT H. ERDMANN SPENCER R. KNAPP KAREN MCANDREW BARBARA E. CORY ROBERT R. MCKEARIN JAMES W. SPINK JOHN D. MONAHAN, JR. EMILY R. MORROW RITCHIE E. BERGER AUSTIN D. HART SAMUEL HOAR, JR. Dinse, Erdmann, Knapp & McAndrew, P.c. ATTORNEYS AT LAW 209 BATTERY STREET P. 0. BOX 988 BURLINGTON, VERMONT 05402-0988 TELEPHONE FACSIMILE 802-864-5751 802-862-6409 August 8, 1996 Mr. Ray Belair South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 Hand Delivered STEVEN L. KNUDSON NOAH PALEY SANDRA A. STREMPEL MOLLY K. LEBOWITz PIETRO J. LYNN PHILIP C. WOODWARD JEFFREY J. NOLAN DOUGLAS D. LE BRUN SHAPLEIGH SMITH, JR. JEFFREY J. MCMAHAN Re: Dr. and Mrs. Herbert Martin - Subdivision of Spear/Swift St. property Dear Ray: Enclosed is the latest revision of the Martins' subdivision plat for your review. I have sent our proposed Irrevocable Offer of Dedication and warranty deed to Joe McLean at Stitzel and Page for his review. As I stated on the phone this afternoon, I believe that this plat will be the last revision and if Attorney McLean approves of the documents, we will submit a mylar next week. Please call me if you have any concerns or comments. Very truly yours, DINSE, ERDMANN, KNAPP & McANDREW, P.C. Susan H. Paley Legal Assistant /shp enclosure