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HomeMy WebLinkAboutBATCH - Supplemental - 0000 Cedar Glen NorthC POTTER Use: Proposed zone R 4 Present zone Residential B Proposed zoning allows PUD Present zoning allows Cluster Subdivision Lot size: Proposed zoning - 10,000 Sq. Ft. x 240 ur.-its, minimum total area of development approximately 55 acres. Present zoning - 7,500 sq. ft. x 240 units, approximately 41.5 acres. Maximum Density Proposed zoning - computing density on appro-pp'65% net usable area or 32.2 acres, allowed density 192 units. Present zoning - 5.8 units per acre in Residential District B. allowed density 290 units. Lot frontage Proposed zoning 30 feet Present zoning 75 feet Yard requirement: Proposed zoning Front yard 30 feet Side & rear Yard 15 feet Present zoning Front yard 30 feet Rear yard 30 feet Side yard 15 feet AGENDA SOUTH BURLINGTON PL ANINIL iG CO.•^;ISSION CITY HALL, CONFERENCE ROOM 1175 1,1ILLISTON ROAD SOUTH BURLINGTON, V RMONT TUESDAY, JANUARY 301 1973 REGULAR P'TETING 7: �0 P.M. 1. Minutes - December 12, 1972. 2. Subdivision request of Mr. Henry Potter; 240 cluster, design, condominium units on a parcel of land containing 50.44 acres, application dated January 8, 1973• 3. Review request of Roadside Marine, Allen Road, to operate an automobile dealership. Mr. Donald Brisson 4. Any other business to properly come before the commission. Submitted by, ,(For Planning Commission) Richard Ward Zoning Administrative Officer I - is CT4-u rlor% t, it S'('t— (:; rij C4�--/4L.��►J -- ---�MvEa-==vt'=�t�lrstDl`.1TZ - -- - - r�- � - l -- - - a`t`ut, / f--pw q -I i If17 ki` ITS '-�,.t -.4s� ■off rr • �.� ill ` fi i • RI4-}4T' being a corner in the said west boundary of said Phase I Parcel of Cedar Glen North and also being a corner in the said east property line of the parcel herein described; thence deflecting to the left on a magnetic bearing of South 77' 00' 30" East in and along a portion of the south property line of said Phase I Parcel of Cedar Glen North for a distance of Eighty Two and Six Hundredths Feet (82.061) to a point being a corner in the said west boundary line of said Phase I parcel of Cedar Glen North and also being a corner in the east property line of the parcel herein described; thence deflecting to the right on a magnetic bearing of South 8° 11' 30" West in and along a portion of the said west boundary of said Phase I Parcel of Cedar Glen North for a distance of Three Hundred Ten and Forty Four Hundredths Feet (310.44') to a point being a corner in the said west boundary of said Phase I Parcel of Cedar Glen North and also being a corner in the east property line of the parcel herein described; thence leaving said boundary of the Phase I Parcel of Cedar Glen North and deflecting to the left on a magnetic bearing of North 76' 51' 20" West for a distance of Three Hundred Twenty Nine and Sixty Two Hundredths Feet (329.62') to a point being a corner in the east property line of the parcel herein described; thence deflecting to the left on a magnetic bearing of South 18' 27' 10" West for a distance of Eight Hundred Sixty Seven and Sixteen Hundredths Feet (867.16') to a point in the north property line of property now or formerly owned by Mrs. John Nowland, also being a point in the south line of the perimeter boundary of aforesaid Cedar Glen North, and also being the southeast corner of the parcel herein described; thence deflecting to the right on a magnetic bearing of North 83' 43' 00" West in and along a portion of the said north property now or formerly owned by Mrs. John Nowland for a distance of Three Hundred Two and Ninety Hundredths Feet (302.90') to a concrete monument and point of beginning. The property herein described lying within the mentioned bounds contains 7.57 acres be the same more or less. Being a part of land and premises acquired by the Grantor herein by warranty deed of Leopold A. Yandow and Irene W. Yandow dated July 13, 1973, and recorded in Warranty Book 111, Pages 388-390, of the Land Records of the City of South Burlington. This conveyance is subject to and conditioned upon the following terms and reservations: 1. The natural landscape and foliation and other natural growth shall not be changed without the written consent of the Grantor, its successors or assigns, which consent will not be unreasonably withheld; G�r.�tZ C-qua.tA ll (. � L1f SvB��V�s�of•1. 1409c k t''-a4M7 MEMORANDUM TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: RICHARD WARD, ZONING ADMINISTRATOR & STEPHEN WAGE RE: CEDAR GLEN - "MODEL LOT" DATE: FEBRUARY lF, 1977 The setting -off of a single family dwelling lot is a serious departure from the original concept of this development approved by the Planning Commission in 1973• The proposed lot is not conforming under the dimensional requirement of Section 11.00 of the Zoning regulations. Recommend that this development be resubmitted in total under a regular subdivision application. �& " o-1 OFFICE OF TERRENCE J. BOYLE LANDSCAPE ARCHITECTS AND PLANNING CONSULTANTS 301 COLLEGE ST, BURLINGTON, VERMONT 05401 658-3555 February 14, 1977 Mr. Steven Page So. Burlington Planning Commission Williston Road So. Burlington, Vermont 05401 Dear Steve: Enclosed is the amended subdivision at Cedar Glen as per our discussion of the other day reflecting a minimum 10,000 S.F. lot as required by So. Burlington and a 20' R.O.W. as required by State statutes. Sincerely yours, 7--LL f.t Terrence J. B le TJB:ds cc: J. Farrell H. Potter Enc. RESOURCE PLANNING TOWN AND URBAN DESIGN PARKS AND RECREATION HOUSING ENVIRONMENTAL STUDIES OFFICE OF TERRENCE J. BOYLE LANDSCAPE ARCHITECTS AND PLANNING CONSULTANTS 301 COLLEGE ST, BURLINGTON, VERMONT 05401 658-3555 February 8, 1977 Mr. Steven Page So. Burlington Planning Commission Williston Road So. Burlington, Vermont 05401 Dear Steve: Enclosed please find a plan of the so-called model unit at Cedar Glen, with a proposed parcel and access to the city street for the purpose of conveyance to Henry Potter for his residence. It is still intended to complete this area as Cluster H as previously submitted to you. If you would schedule this for Planning Commission re- view it would be appreciated. Sincerely yours, Boyle TJB:ds cc: H. Potter RESOURCE PLANNING TOWN AND URBAN DESIGN PARKS AND RECREATION HOUSING ENVIRONMENTAL STUDIES LEGAL NOTICE CITY OF SOUTH BURLINGTON Pursuant to the provisions of 24 V.S.A., Section 4443, the South Burlington City Council will hold a public hearing at the City Offices, Conference Room, 1175 Williston koad, South Burlington, Vermonf, on Monday, March 5, 1973 at 7:?!' p.m. to consider the application to, a zoning permit from Henry Potter, of South Burlington, Vermont for construction of 92 condominium units on a parcel of land located westerly of Spear Street, abutting property of Wheelock and Nowland. Also the application of Donald Brisson and Archie Myers of South Burlington, Vermont for conversion of an existing building into a dual use, automobile and marina dealership, on a parcel of land located at the intersection of Shelburne Road and Allen Road Also the applicahan of Robert Cutler of Gastown, Inc., Springfield, Mass for construction of a gasoline station on a parcel of land located at the intersection of Williston Road and Patchen Road. Also the application of Attorney Richard Thomas of Burlington, Vermont, an agent for King Burger for reconstruction of the present Lure property into another restaurant, on a parcel of land located at 1200 Williston Road. Plans for the above applications are on file in the office of the Zoning Administrative Officer. Richard Ward Zoning Administrative Officer City of South Burlington, Vt. Feb 17 1973 SUBDIVISION NOTICE SO. BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room 1175 Williston Road, South Burlington, Vermont on Tuesday, January 30, 1973 at 7:30 p.m. to consider the following: The appeal of Henry Potter of South Burlington, Vermont for approval of a subdivision of a parcel of land containing approximately 50.44 acres into two hundred and forty (240) cluster design parcels for purposes of condominium development. Parcel in question is presently the Yandow property lying westerly of Spear Street and abutting the property of Urban and Charlotte Wheelock on the north and Mrs. John Nolan on the south, as per plan on file at the office of the Zoning Administrator. Douglas 1. Tudhope Vice Chairman Jan. 15, 1973 South Burlington Planning Commission SUBDIVISION NOTICE SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Roorn, 1 175 Williston Road, South Burlington, Vermont on Tuesday, June 13, 1972 at 7:30 p.m. to consider the following: The appeal of Henry Potter of New Jersey for approval of a sub -division of a parcel of land, containing approxi- mately 50.44 acres into twenty (20) conventional parcels, plus future planned residential development. Parcel in question is presently the Yandow property lying westerly of Spear Street and abutting the property of Urban and Charlotte Wheelock on the north and Mrs. John Nolan on the south, as per plan on file at the office of the Zoning Administrator. James A. Lamphere, Vice Chairman 5 27 72 South Burlington Planning Commission TO TUWAY MESSAGE FIRIOM SUBJECT:.' - : , DATE s SIGNED R iP L y DATE: SIGNED ;A,3CADE® L1-C2375 PRINTED IN U 5 A 1 DECLA RATIO" Whereas, ADCOM, INC., (hereinafter referred to as `Grantor" owns certain property herein described; and Whereas, said Grantor has improved and will continue to improve after the date hereof, said property by constructing thereon multi -unit structures known as the Cedar Glen Nortb, said structures having been constructed in accordance with plans and specifications prepared by Julien Goodrich Architects, Inc. AIA, said plans being affixod hereto and made a part hereof, and entitled "Cedar Glen North, Apartments No. I- , , Vermont" and Whereas, said Grantor hereby establishes by this declaration a plan for the individual ownership of the real property estates consisting of the area or space contained in each of the apart- ment units in, said multi -family structures, and t:1e co -ownership by the individual and separate owners thereof, as tenants in common, of all of the remaining real property which is hereinafter defined and referred to herein as the -common areas and facilities." Now therefore, said Grantor, the fee owner of the following described real property, to wit: Certain lands and premisos located in the City of , County of C.,ittel2den, State of Vermont and more particularly described as follows: Beginning at a point marred by an iron pin, (insert description by distances and directions} Es it i� `! hereby makes the following declaration as to divisions, covenants, restrictions, limitations, conditions and uses to which the above described real property and improvements thereon, consisting of: (Description of buildings to be inserted] may be put, thereby specifying that said declaration shall constitute covenants to run with the land and shall be binding on said Grantor, its successors and assigns, and all subsequent owners of all or any part of said real property and improvements, together with their grantees, successors, heirs, executors, administrators, devisees or assigns subject to 27 V.S.A. Chapter 15: A. Said Grantor, in order to establish a plan of condominium ownership for the above described property and improvements, hereby covenants and agrees that it hereby divides said real property into the following separate free- hold estates: 1. [insert number of units] separately designed and legally described freehold estates consisting of the spaces or areas, being the area, or space contained in the perimeter walls of each of the [insert number of units] apartment units in said structures constructed on said property, said spaces being defined, and referred to herein, as "'apartment spaces." 2. One (1) .freehold estate consisting of the remaining portion of the real estate property as described and referred to herein as the "common areas and facilities,; which definition includes the structures and the property* upon which it is located, and specifically Includes, but is not limited to the: land, roof, main walls, slabs, parking lot, sidewalk, water system, sewage, trees, pavement, pipes, wires, conduits, ducts, or other utility lines. B. For the purpose of this declaration, the ownership of each "apartment apace:" shall include the respective undivided interest in the common areas and facilities specified and established in '`F" hereof, and each "apartment space" together with the undivided interest as defined and hereinafter referred to as "`family unit., C. A portion of the "common areas and facilities" is hereby set aside and allocated for tho restricted use of the respective "apartment spaces" as is hereinafter designated, and as shown can the plans herein referred to and attached hereto, and said areas shrill be known as 'restricted common areas and facilities." D. The individual "apartment spaces" hereby established. II and which shall be individually conveyed are described as follows: F� i 1. Apartment No. 1 - [Description of apartment ! is to be inserted] 2. Apartment No. [etc.1 -2- The undivided interest in the "common areas and facilities" hereby established and which shall be conveyed with each respective "apartment space- is as follows ARartment Number 1 Z [etc.] Percentages of Undivided Interest The above respective undivided interest established and to be conveyed with the respective "apartment spaces" as indicat above, cannot be changed, and said Grantor, its successors and assigns, and grantees, covenant and agree that the undivided interest in the: "common arenas and facilities" and the, fee title to the respective" "apartment spacers' conveyed therewith, shall not be separated or separately conveyed, and each said undivided interest shall be deemed to be conveyed or encumbered with its respective "apartment spaces" even though, the description in the instrument of conveyances or encumbrance may refer only to the fee title to the "apartment space." F. The proportionate shares of they separate owners of the respective "family units" in they profits and coaemon expenses in the "common areas and facilities,,' as well as their propor- tionate respresentation for voting purposes in the association of owners, is based on the proportionate valuer that each of the "family units," referred to herein, bears to [Dollar value to be inserted], the total value of all of the "family units." Said proportionate shares are set out as percentages of the estimated total valuer in Paragraph ° E" . G. The "restricted common areas and facilities" allocated for the restricted uses of each of the respective "family units" area as follows: Balcony or porch off of first floor and land extending [direction to be inserted] and [direction to be inserted] from said apart- ment space for feet and having the same width as said apartment space, the restricted common area to the [direction to be inserted] of each unit subject to a common sidewalk serv- ing all apartments. -4- H. Said Grantor, its successors and assigns, by this declaration, and all future owners of the "family units," by their acceptance of their deeds, covenant and agree as follows: 1. That the "common areas and facilities" shall remain undivided; and no owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the owners with respect to the operation and management of the condominium. Z. That the "apartment spaces'' shall be occupied and used by the respective owners only as a private dwelling for the owner, his family, and social guests and for no other purpose. The "apartment spaces" may not be rented, leased, or otherwise given or granted for hire. 3. The owner of the respective "apartment spaces" shall not be deemed to own the undecorated and/or unfinished surfaces of the perimeter walls, floors and ceilings surrounding his respective "apart- ment space," nor shall said owner be deemed to own pipes, wires, conduits or other public utility lines running through said respective "apartment spaces" which are utilized for, or serve more than one "apartment space," except as tenants in common with the other "family unit" owners as heretofore provided in Paragraph "E". Said owner, however, shall be deemed to own the walls, and partitions which are contained in said owner's respective "apartment space," and also shall be deemed to own the inner decorated and/or finished surfaces of the perimeter walls, floors and ceilings, including plaster, paint, wallpaper, etc. 4. The owners of the respective "apartment spaces" agree that if any portion of the "common areas and facilities" encroaches upon the "apartment spaces," a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. In the event the multi -family structure is partially or totally destroyed, and then rebuilt, the owners of "apartment spaces" agree that minor encroachment of parts of the "common areas and facilities" due to construc- tion shall be permitted and that valid ease- ments for said encroachment and the maintenance thereof shall exist. S. The owner of a family unit or units shall be a member of Cedar Glen North Association hereinafter referred to as the "Association," and shall remain a member of said Association until such time as his ownership ceases for any reason, at which time his membership in said Association shall automatically cease. 6. That the owners of "family units" covenant and agree that the administration of the con- dominium shall be in accordance with the provisions of this Declaration, and the By -Laws of the Association which are made a part here- of and attached hereto. -5- 7. That each owner, or occupant of a ''family unit" shall comply with the previsions of this Declaration, the By -Lags, and the decisions and. resolutions of the Association or its repre- sentatives, as lawfully amended from time to time, and failure to comply with any such pro- visions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, or for injunctive relief. 8. That this Declaration shall not be revoked or any of the provisions herein amended unless all of the owners and the mortgagees of all of the mortgages covering the "family units" unanimously agree to such revocation or amendment by duly recorded instruments. 9. Neither the Association nor its members shall take any action which shall require the City of to maintain or provide any service on the drives or paths within the con- fines of the project without first obtaining the consent of the City or the proper regulating body having jurisdiction thereof and. further, the developer, the Association and its members, for themselves, their heirs and assigns, hereby irrevocably valve any rights they may now have for which they may hereafter acquire to seek maintenance or other assistance from the City of in connection, with said drives or paths, including, but not limited to those rights contemplated by 19 V.S.A. Sections 342-343, 461 and related statutes. 10. That no owner of a "family unit" may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common. areas and facilities or by the abandonment of his "family unit. 11. That membership in the Associated is limited to the following persons and any deed, conveyance, decree or other instrument of transfer, except a mortgage deed or other conveyance to effect a lien or a mortgage or similar security position, to persons who do not qualify for said membership conditions at the time of said transfer or who, thereafter, do not qualify, and any lease, sub- lease, assignment, in whole or in part, or any similar occupancy arrangment to such persons, shall be void and a anullity, and shall cause a reverter of the ownership to the prior owner, who may re -convey said "family unit' subject to these conditions as may a person who obtains title by foreclosure or other court or similar process: a. A member and his spouse one of which shall be of the age 52 years of age or older. One child of their own whose age shall not be less than 18 years and who shall not be enrolled in public, primary or secondary schools. b. A single male or female of the age of 52 years or older c. A widow or widower of the age of 52 years MM or older. one child of his or hers, whose age shall not be less than 18 years and who shall not be enrolled in public, primary or secondary schools. d. In no case shall an apartment be shared with anyone except his or h.er spouse or child. e. In the event it may be necessary that a child under the age of 18 years or other adult be ir, attendance of a member, this may be permitted by the Board of Directors, after investigation, and only for a specified time period. f. In the event of deatiz of a member, the surviving spouse may still retain the right of ownership. If under the age of 52 years, the said survivor remarries, the new spouse must I qualify for minimupa age limit and be approved by the Board of Directors. I; Anything %erein aYjove to the contrary notwith- standing, a person who does not qualify for -member- ship but who otherwise would receive title by reason of death: of another person or a person who has title and thereafter become disqualified by ! reason of dead:, of a person or other cause may j occupy said "family snit for a period not to exceed Ninety (90) days after such death or other cause unless said person becomes qualified. ,a I. All sums assessed by the Association but unpaid for the t share of the common expenses chargable to any `:family unit' shall constitute a lien on such "family unit' prior to all other liens except only (1) tax liens on the "family unit in favor of any assessing unit and special district, and (2) all sums unpaid on the first mortgage of record. Such lien may be foreclosed by suit by the manager or Board of pirectors, acting on behalf of the owners of the "family units", in like manner as a mortgage of real property. in any such foreclosure the family unit owner shall be required to pay a reasonable rental for the family unit, if so provided in the By -Laws, the plaintiff in such foreclosure action shall be entitled to the appoirtnent of a receiver to collect the same. The manager of Board of Directors, acting on behalf of the owners of the family units, shall have power, unless prohibited herein, to bid in the unit at foreclosure sale, and to acquire and hold, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same. J. Sphere the r;ortga,gc of a. first mortgage of record or -7- I other purchaser of a family unit obtains title to the unit as a result of foreclosure; of the first mortgage, such acquirer of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the Association chargeable to such family unit which became due prior to the acquisition of title to such family unit by such acquirer. Such I unpaid share of common expenses or assessments shall be deemed to be corLion expenses collectit:le iron all of the fancily units i including such acquirer, his successors and assigns. Y, K. Iit the event they property subject to this :;eclaration I' is totally or substantially damaged or destroyed, the repair, reconstruction, or disposition of the property shall be as provided by "An Act Relating to Condominium Ownership' Number 4. 128, 1968, passed by the General Assembly of the State of Vermont. L. In a voluntary conveyance of a family unit the grantee of the unit shall be jointly and severally liable with the 1 grantor for all unpaid assessments by the Association against the latter for his share of tz{er commor. expenses up to the time of the grant or conveyance*, without, Prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such: grantee shall be entitled to a statement from the manager or Board of Directors of the Association, as the case may b.-, stating forth the amount of the unpaid assessments against the grantor due: the Association and such grantee shall not be liable for, nor .shall the family unit conveyed be subject to a lien for, any unpaid assessments made by the :Association ,Against the granter in excess of the amount therein+ set forth.. N. All agreements and determinations Lawfully iaade by the Association in accordance with the voting, percentages established hereir; shall t•e deemed to he binding upon all owners of family units. their successors and assigns. sa N'. Thut C;f Vermont shall receive any service or process it a^;, cases herein provided. -8- I Q. That the Board of 1?irectors of the Association of Owners, or the Management Agent, or Manager shall obtain and continue in effect blanket property insurance in farm and amounts safisfactory to mortgagees holding forst mortgages covering family units but without prejudice to the right of the owner of a family unit to obtain individual family unit insurance. F. That insurance premiums for any blanket insurance coverage shall be a common expense to be paid by monthly assessments levied by the Association of Owners; and that such payments levied, by the Association of Owners; and that such payments shAll be held in a separate escrow account of the : association of owners and used solely for the purpose of payment of the blanket property insurance as such premi.uias become due. s� I {, That so long as said Grantor, its successors and assingsi owns one or more of the family units established and described herein, said Grantor, its successors and assigns, shall be subject to the provisions of this Declaration of all Exhibits' attached hereto; and said Grantor covenants to take no action which would adversely affect the rights of the Association with respect to assurances against latent defects in the ;property or other right assigned to the Association by reason of the establislanent of the condominium. this IN WITNESS WHEREOF, it has hereunto set its hand and seal day of -e- A.D., 1973. ADCfl%t , INC. Duly Authorized agent +P I 4 STATE OF VEW4014T CHITTENDEN COUNTY, SS. At , this clay of 1973, ADCOM, INC., by its duly authorized agent, personally appeared, and he ac'Rncutledged this instrument, by him sealed and subscribed, to be his free act and Need, and the free act and deed of the Corporation. Before met Notary__ ic..__._._.�,_... I To, oom+le to the Challenge of Active Citis;ernship five nobars of Curl T Scout Cadotto Troop #60 eonduotesd a door-towdoor soWling of public opinion an possible reareationsatl land uses in the field above the Laurel, Hill area (to be developed by Mr. Patter of Now Jersey). The area swVled was Bast of TaAglevood Drive in Laurel Hill to the fislde Bast of Green Dolphin Drive in Laurel Hill South, aW one-half silo an Spew Street going mouth front Svift Strewn. The results were as follows: Only 19% of the people had any know- ledge that a development was bed planned for this 50 aores or that South Burlingtca has the legal right to require 1 of this development land for recreational purposes. 14q�viang the land in an open and natural state was favored by Kl%, organizeed sports facilities in a park was favored by 17$l systems of trails was preferred by 1 , and 40% favored a combination of an or sour of the above three choice*. We suggest that when you oonsidesar the plans for this development that you taker this sur'vgr into account. Thank you for your co-operation. ration. Baresn Casa, T&=W Garnacha, Leigh Graffam, Sue Martin, Konica Travis South Arlington Cadetto Troop JW (Orchard area) cc/ South Burlington City Council South Burlington Planning Commission Mrs. Robert L. Larson, Consultant The Forums (Burlington Free Press) Vermont Gird. Scout Council c&l`�/" /J JI? Section 503 Plan Data - Subdivision Study Plan Requirements City of South Burlington Potter Proposal - 18 units - Phase I - Cedar Glen - North A. Cedar Glenn North B. Property lines as/plans Approximate location and size (1,000 S.F.) as/plan Existing trees & wooded areas, water courses & drainageways. Utilities as/Engineers Incorporated C. Proposed street name - extension and cul-de-sac Andrews Ave. Data as/plan. D. Owner of land - Leopold Tandon: developer - Henry Potter, Spear Street, South Burlington Land Surveyor recording existing information Craig Butterfield - Engineers Incorporated Planners: Office of Terrence J. Boyle E. As/plan F. As/plan G. Present land use zone: Residential B H. As/plan I. R.O.W. to be dedicated to town J. As/plan - Engineers Incorporated K. As/plan S, J A-MiO77" P,, '- -w- - 7 ` /� , �� o-,� --- Z-�—t �j�l� �— a � �c.,e-v�� e�� tl I �c-c�� .�G�_ .�,�, � � Z I �A ' _ �/ _-�___- �- � _ _ O r , / OFFICE of TERRENCE J. BOYLE Landscape Architects and Site Planning Consultants 86 St. Paul Street BURLEN'GTON, VERMONT 05401 To Phone 802 658-3555 District Environmental Commission #4 58 Pearl Street Essex Junction, VT 05452 MESSAGE DATE April 27, 1973 FILE NO. A TTENTION SUBJECT Copy of Department of Water Resources Discharge Permit for > Cedar Glen North. cc: youth Burlington Planning Commission ,/ City of South Burlington Chittenden County Regional Planning Commission Agency of Environmental Conservation Engineers Inc. of Vermont SIGNED REPLY4. -«� Tan+WWn•r-uMr�•n+PKN�WM'MFv>�tuM:•MeW'wYW./.M'�.M4^'"M�.iMr.lw'N.,„wr•". .. SIGNED t L 1 URGENT ❑ SOON AS POSSIBLE ❑ NO REPLY NEEDED r � r I I �ANrJ LIY.ING LA l.AJJCv 4-2 I COL" 3,7 ...... .... .. LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON. VERMONT 05401 August 12, 1974 James °i. rarrell, xllsquire Ac:daxmara, FitzPatrick, Sylvester, Farrell & Maley 192 College Street Burlington, Vermont 05401 I7X: Potter Development near Jim: There are several areas of concern involving the Potter Development which we have previously discussed by telephone. The deeds to the parkland and road have not been recorded for lack of partial discharges. Perhaps you could refer to my letter to you of 14arch 26, 1974, a copy of which is enclosed, and ask your client to furnish the required details. In addition, it appears that the location of the road Q and buildings are not as depicted on the subdivision plan approved by the Planning Conmission. 1, frankly, do not know whether these are substantial discrepancies or not, but if so, it is a serious :matter. one of the foremost reponsibilities of the Planning commission is to consider and approve road locations. In addition, the location of the buildings are relevant, since your client through subdivision approval ob- tained certain modifications in the zoning regulations as they pertain to the proposed development. Perhaps our fears are unfounded, but i would again suggest that �'r. Potter immediately contract Richard Ward, the zoning administrator, to review the situation. Very truly yours, Richard A. Spokes RAS:nm CC: William J. Szymanski City 'Manager / Richard R. Ward J Zoning Administrator Oak Hill Dr. So. Burlington, Vt. Aug. 7, 1974 Mr. William Szymanski City Manager, So, Burlington 1175 Williston.,Rd. So, Burlington, Vt, Dear Bill: We are writing this letter to have clarified several issues relating to agreements made between Mr. Henry Potter and the city in approving Cedar Glen North. Several conversations between residents of Oak Hill Dr. and city officials seem to indicate the need for a single statement on what the official agreement is between the city and Azr. Potter, and for this agreement to be made known. The issues we would like to have clarified are: 1. The position and width of the trail access that was to connect from the Wheelock property on the north to the Nowland property on the south. At Planning Comm. sessions what was outlined was a route including a strip orlon" the ravine perpendicular to Oak dill Dr, connecting to a strip parallel to and behind Oaf: Hill Dr. leading into the neighborhood park area. a. What is the width of the trail and from what line in the section perpendicular to Oak Hill Dr.? Originally from ,Planning Comm. sessions it was our understanding there would, be a 20 foot width on the eastern edge of the ravine, not in the ravine. There are now units there and a fence at the end of Oak Hill Dr. that implies a trail line center- stream. b. What is the width of the access running to the west behind Cak Hill Dr. residences? At Planning Comm. sessions a 40 foot width was stated. There -is a wooden fla(;ged marker behind the McLellan property. Does this mark the trail -park intersection? c. What ic, the route and width of the trail on the southern edge of the Potter property leading into the Nowland property? Criginally suggested by the Natural Resources Trail Comm. was a path parallel to the fence boundary of the Nowland property. d. Has a deed been given to the city for the trail land as well as the neighborhood park? 2. What is the status on negotiating a reasonable price for roughly 2 acres of the Potter land, adjacent to the park land he has given, that includes the white pine grove behind the Moser property? It was our understanding that one of the stipulations in the approval of the development was that Mr, Potter be willing to negotiate a fair price. We have been told that he has offered to sell at a price double what the city is willing; to pay. Before construction begins on any other phases of the development we submit that it is vigil that city officials, the Laurel Hill neighborhood, and the developer be aware of the agreement on trail access and park land. Once houses are built it is too late to refer back to what we thought was said. In addition, the new homes should have their privacy guaranteed. If Laurel Hill residents are made aware of where they can. go, perhaps more fencing will not be necessary. Sircere2y yours, (,4A cc PJ;. Flaherty LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON. VERMONT 05401 July 11, 1973 .Tames M. Farrell, Esq. Mctlamara, Fitzpatrick, Sylvester, Farrell & Maley 192 College Street Burlington, Vermont 05401 RE: Potter Development Dear Jin1: In order that there be no confusion, I thought it appropriate to outline the steps your client should under- take prior to the issuance of any building permits: 1. The park land or open space area comprising approxi- mately 7-1/2 acres is to be deeded to the City. 2. An escrow agreement must he executed between the City Q and your client pertaining to the construction of the roads, or in lieu of an escrow agreement, bonds must be posted. We have used an escrow agreement in the east, and I will furnish you a copy for your examination. 3. The final landscaping plan must be presented to the Planning Commission for approval. 4. Detailed plans of the roads and utilities must be presented to and approved by the city manager. 5. A deed to the road must be presented to the City. In conferring with you, I understand that you and your clients may have some questions concerning the nark land and RECEIVER JUL IS W 3 MA N A C4 4'11 OF!F lCrj r 11r 0101 � � 't1VtiTp1 James M. Farrell, Esq. Page Two July 11, 1973 the road to be conveyed to the City. I would suggest that Mr. Potter confer directly with Mr. Szymanski to iron out any confusion. Another possibility might be for you, Pair. Potter, Mr. Szymanski, Mx. Ward and me to meet. In any event, we feel these items should be ironed out to avoid any delays in the issuance of the requisite permits to your client. Very .truly yours, Richard A. Spokes RAS/n cc: William J. Szymanski • CONSULTANT -- ENGINEERS �.• +� ,3,�` , ;, M •SURVEYORS ENGINEERS INCORPORATED OF VERMONT • INSPECTION ON P.O. 2187 SOUTH BURLINGTON, VERMONT 05401 AREA CODE 802 863-6389 April 23, 1973 District Environmental Commission No. 4 58 Pearl Street Essex Junction,.Vermont 05452 South Burlington Planning Commission City Hall South Burlington, Vermont 05401 City of South Burlington City Hall South Burlington, Vermont 05401 Chittenden County Regional Planning Commission 58 Pearl Street Essex Junction, Vermont 05452 Agency of Environmental Conservation Division of Environmental Protection Montpelier, Vermont 05602 Re: Adcom, Inc., Cedar Glen North Application No. 4C 0103 To All Parties: Enclosed are letters of comMent'from the Vermont Health Department•and Department of Water Resources Tegarding the preliminary plan submittals associated with the above des- cribed project. V y trulyyours�/,� kwp/np Kenneth W. Pinkham,-P.E. Project Engineer cc: Mr. Henry Potter Mr. Terrence Boyle encls ; as HAND DELIVERED 1579 Spear Street South Burlington, Vermont 05401 April 25, 1973 Mr. William J. Szymanski City Manager City of South Burlington South Burlington, Vermont 05401 Re: Henry'Potter Development Dear Mr. Szymanski: As I have not heard from you or the City Council in official response to my letter to you dated April 11, 1973, by which I offered to the City of South Burlington two acres, more or less, at a price which is probably below fair market value, I must con- clude that the City of South Burlington is not seriously interested in acquiring that parcel. As you know, the South Burlington Planning Commission recom- mended to the City Council that the City Council "resolve" the question of "additional park area." I am referring to a letter dated February 15, 1973, of Zoning Administrator Richard Ward to Terrence Boyle. Also, I feel that I should refer you to the action of the City Council on March 5, 1973, in connection with my application for a zoning permit. Please see the letter of City Council Chairman Frederick G. Blais dated March 7, 1973, to Terrence Boyle. I know that you, Mr. Ward, the Planning Commission and the City Council are aware that I and the people working on this project have expended a tremendous amount of time and effort over the past 21 months in an effort to plan and build a high quality project in the City of South Burlington. The time consumed by you, Mr. Ward, the Planning Commission and the City Council in connection with my application should be a good index to you of the time which we have had to invest. We have now appeared before the District Environmental Commis- sion and are hopeful of favorable action from that agency. Time is, therefore, of the essence as the construction period is now before us Mr. William J. Szymanski April 25, 1973 Page 2 and any unnecessary delays will be very costly to me. In fact, considering the on -site and off -site improvements required by the Planning Commission to be performed as a part of the initial phase of construction of this project, any unexpected delays at this point could be disastrous for this project. I cannot stress this too strongly. I am sure I do not have to. Realizing that you, Mr. Ward, the Planning Commission and the City Council have many projects and duties consuming your time, I am writing this letter in an effort to be careful in protecting the record and to insure that there are no misunderstandings or issues left unresolved in the minds of any interested parties. I would appreciate any comments or thoughts you may have on the matter. HP:ak i Yery trul yours, / 1 1 Henry otter i City of South Burlington 1175t= WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 TEL. 863-2891 VERMONT'S NINTH AND FASTEST GROWING CITY April 26, 1973 Mr. Henry Potter 1579 Spear Street South Burlington, Vermont 05401 Re: Henry Potter Development Dear Mr. Potter: OFFICE OF CITY MANAGER WILLIAM J. SZYMANSKI Thank you for your letter dated April 25, 1973. In the absence of Mr. Szymanski I have been instructed by a majority of the Council to indicate to you our interest in the two acres, more or less, that has been discussed at the Planning Commission meetings and by Mr. Szymanski, in your proposed development. Our interest is further indicated by the fact we have warned for public referendum to seek permission to expend public funds to secure this land. Subject to their approval on May 15, 1973, we trust that we may consumate this purchase forthwith. I assume Mr. Szymanski has mentioned to you that we have received a narrative appraisal subject to refinement from Richard O. Callahan, indicating a value of the parcel in question to be $23,000. I feel it only fair that this be confirmed in writing at this time. The City Council is also aware of your offering on April 11, 1973 at a value of $20,000 per acre. . The obvious spread in values is somewhat concerning to the City since Federal Funds can only be secured at 1/2 of the Fair Market Value arrived at by a recognized appraiser. In an attempt to expedite our negotiations and to establish a value recognized by the B.O.R. and the City of South Burlington, the City Council would suggest that you secure an appraiser who would be acceptable to you and the City of South Burlington and recognized by the B.O.R. This would afford you the opportunity of verifying the Fair Market Value and possibly close the gap in.our negotiations. The City would be willing to pay for the cost of this appraisal. Mr. Henry Potter Page 2 April 26, 1973 I trust this will confirm for the record our interest in securing the two acre parcel and will serve as a reply to your letter of April 25, 1973. I am sure that you can appreciate that the City Council must protect the interest of its citizens and safeguard its public funds in a responsible manner. We thank you for your continued cooperation and interest in working with the city. very �trr y yours , Frederick G. Blais, Chairman South Burlington City Council. FGB/ch Anthony Robbins, M.D., M.P.A. COMMISSIONER DEPARTMENT OF HEALTH 1 r x -lis STATE OF VERMONT AGENCY OF HUMAN SERVICES DEPARTMENT OF HEALTH 115 COLCHESTER AVENUE BURLINGTON 05401 April 19, 1973 Engineers Inc. of Vermont P.O. Box 2187 (Williston Road) South Burlington, Vermont 05401 Attn: Mr. Kenneth W. Pinkham, P.E. Subject: Cedar Glen North, South Burlington Gentlemen: DIVISION OF ENVIRONMENTAL HEALTH We have reviewed the preliminary layout for the proposed facilities submitted by your firm. Approval of the concept of serving'the develop- ment with public water supply facilities connected to the South Burlington water system is given. The general layout of proposed facilities appears adequate. However, several areas of conflict between water supply and sewerage facilities, both storm and sanitary, were noted and discussed with you. These conflicts must be eliminated or minimized during final design. Final approval can only be given after review of construction plans prepared by a Professional Engineer. , All water supply facilities must be designed and constructed in accord- ance with "Ten State Standards11 which have been adopted as part of Health Department Regulations. Water main -sewer crossings and conflicts must be given particular attention as outlined in the standards. Also as indicated in the standards we will expect the engineer to provide adequate on -site inspection during construction to ensure that the facilities are constructed in accordance with the plans and "Ten State Standards". Please contact us if we may be 8f further assistance. Ve truly rs Rson, P.E. . "\i Sanitary Engineer Division of Environmental Health RRL/sjm cc: Mr. Fvancis L. Rooker, Water Sanitarian y�.A SiA i_ OF [,GEi'CY OF E11V1 i 01i1 Cr i!`,L CONSCitVATI ON IN RE. District Environmental Cox.mt—,sion ;;o. Adcom, Inc. Condominium Units ApplicatiGn No. 4C0103 So. Burlington, Vermont Date March 20; 1973 AGENCY P ,E--I1EAR I N GI C01`,,'-T 1T The above application for a permit has been reviewed by the Agency of Environmentc.l Conservation and it;, componcnt departments. The A;�ency has no con,;nc:nts to offer beyond the attached report of the Environmental Advisor which the Agcncy supports. Any comnelits by other state agencies will be submitted when receivc:d. Othcr s to :c perm i is v.,h i ch w i 11 be' requ i red REQUIRED PENDING 1. Su)division 2. Public building - Division of Environs„ental Protection 3. Discharge permit Department of Water Resource! It. 01 her Respectf it ly subr.i ttcd AGENCY 0; ENV I RO,� iENITAL CONSERVATION %'0o n Ponsetto -� Executive Assistant Da l CERTIFICATEECCE SERVICE `I 1 hereb, certify tilat a co; y of this pre--hearinc, statement w s sF. tt by U.S. 14ai 1 (postage, pre -paid) to all st,�tutory parties. Dated tl is 11 day of ,,'- l , 197. , at Man t1) icr, County of Wa'.hington, State Gf V%r;lO tt. AG; H1CY )I= EI V 1 i;01:1ICIvTP,i. CONS E RVAT I I. By Donz l d W. Webster, Di r ec�tor Division of Environ ,enta P� c�tcct ion APPROV State of Vermont Daoa.,-tni rt of Fish and Ga.r_e Dep-,rt.aie it of Forests and Parks Denar-trae,A t,f Water Resources Enviromnental Board Division of Envirorunental Protection Dirt: ion of R::creatiori Division W Planning Natural I.Rescurces Conservation Council u? T' AGENCY OF ENVIRONMENTAL CONSERVATION ROBERT B. WILLIAMS, Secretary Mbnrpeli6i;' -Veiin6 ii-4SG42 DEPARTMENT OF FORESTS AND PARKS i r•: _ u L,'nC tI. CI , f 1",ion t 54 e > •'i_�rc: 19, l3;'3 ieos ter, Director :)C riv-1_ror,mental Conservation Jerrnont 05�602 ,ea, r iir. ;'1e b:7- ter. _7�: Application 4C010� Add-3iil, Inc. 22() unit adult c oDmmuni ty Site Description TYl'? nr,-)poppd deve)_`)p,ocrit i" 10cated West-. of Speer Street in 'i,2 _::1 BUrlln 'Ua,,i. ..[t is b.mnded oni try' r171't'l U-/ >r-',00dland and L. a ;_ "� cultUA'c`%..1_ 1-arid Jn t1ne C is t Cl}° S?- ar Street ref :LIIEnCeS o l ?e _)uth by open a,_;ricultursl land, anti otn the r: st by t�-ie I"Iil1" devel__)nraani . T'L.-� te rrr, in ? n th1- cJLI. truce 7`_ area, i s ;ently ,l_nj iY :tilt}? 8 "_e accCs road L'liil be 1Jca terl on Sirr'1_ r terr€lin Cc=">> LJ1' a. ._ ',rt s e c t i ) n Of steFD slJ;ae as sY1)Jn On the road � pr'o`•' i rI land Green bet C 1 -- i _ y e e ? ~� ",. � -,� t a.'e� i. located on fla _. _.,cuoied by scattered clumps cf maple and hem oc'k s! ri icant ve-,-etat"1.:)n on the site are t;]ree lUr�e l c t� ,,, v 1 1 C _ _ ._ tE: C) . v]r� ICTO c -Us t.er's of rnatur'e pine are lJca Ved in t''�C ri )rthvest -:n," Iv. c st Central portions C i,'Ze Site, and a .;�T' `- "l Si.;�"l C1UL1, �S 7A SaC�li_'l )1nE'.S C1I?pJS' t major = h._ th * rd a j or C1-`._lstoT-' 1,-)cntCd irl t'CIe' rl:cl)' I _Irea In t1C -)ia - cs,t s=Ctor. 'T;)e -`3,j Jr Ull-Les in L(� ^. thw' — CCrIi?I' o ri- :^7J ?C:.?a ;)l '7 C?1':ed 1,,iDo ds and s•Cft,,:06 . r c^ s a 1 `.ern f inn Ol.� ere _ c i i; r 'Ll'�Ol_lt C�e., o omen t are prl_11iclr l i y r.-d cml`tr. aCl int i` area `+r_ ilri ilk 1 1j i c ar,dj , ' - , ).tan c-D y-1 �a ;Ca ri; 7 _� T_. ca-"L l ,mv. Donald Webster -2-- Parch 19, 1973 on the soils map submiUej with L(1e agplication. It should be o2inted out that the Scarboro soil corresoonds closely with he marsh land which is indicated on the site plan. 21ans and Comments The access road from Spear Street will ba a pun lic rand V) the cal -de- sac. All other roads will be wrivate. Cut and fill orofiles of -the access road are enclosed with the application. the road will be drained and catch basins ins Lalled nccordain ,'- to the s0rm sewer plans which were submitted. The storm sewer system will serve the entire development, and will dlnc�arje into the existinj draina&e nay located on the western edge of the property. This drainale nay eventually emotles into Potash Brook. A Water Resources discharge permit may be nccessary. To minimize soil erosion the discharZe pipes should be carried to the bottom of the drainale, or the outlets should be rip -rapped sufficiently to reduce erosion. On Parch 1-7 1 inspected the site with Robert K. Towne of toe Soil Conservation Service . At that time a concern was enorsssed for the surface run-DfF WhicK is discharjed onto the 2ins Ccom lands to the east. It was sujjested by Mr. Towne that the ditch on the uphill (east) side of the ea tern perimeter road be constructed wide enouZh and deep ennu44 &D act as an 3pcn diversion. Such a diversion mould carrN surVace run-off to Ne north and sDuth and/or /or direct it to the catch basins mKz� are on loci si'�, thn road. BscaKao Y.y DF tni A,vsss will bc located an moderate 0) a=!- trained soils, Mr. Towt Towne alsj sulgesed that footin- drai�V j- istalivd where necessary. Municipal water supply is available at the intersection of S-ear Sureet and Swift Street. it has been indicated to me Wat ths water supply will be extended Uwn Soeor Street to this, devwlsoxent. The sewer sjstwm preseqtly aefves the Lnurel Hill dMoiDgMent, and will he eztcnded to serve tHis application. it has been Ndientan) ohs developer must Pisj eDrront cerIL-, Anficicneics in the e0ating sewir systew. .V-f. Donald Webster -j- Marph 19, ?973 In additiqn to tyc a an roacoo which are lncqLqd oeov�Inu--, l�s develooment, a 7.0 ocy? 10021 Lp b0iij :Wt 05id- Car oan', s5nca. It was indicatoO to me 5V Nr, pL ter Olin K Te rr�ncc Boyle's office thqt an additi )nal two qcrev mFv ba set a0de. Tjj s additiDnai parcal is the Ltusjj t clast�r joc, Led nnut,,l D" We Oak Hill Drive v2sidcnn-p nqJ %2ot w th� drajna;� nay. Mcause nc;ntiatians arc still in urvir:ss, t�n staLns of t,� nAdVional yarcel is not Urm at this 07e. A narrY buffer stfip is also hein-- myllKnilsd alon, th�� wpsi2rn edge Df tqc yrDperty. It was Wdicared to we that tnis -af:3r strip has bee, established W yyyviW nualic pedectrian access to Farrell Park to uA3 north, Allan Wilcox and I hove reviewed the jaq&cnqe plan w1bh Pater Olin. Wn p2an wKinh was submitted incjrporates the chan;es which were su;,,2>d at our mnatin�. FrDD Spenr Meet th7rc are majiificcnt vistas of LaM CqumPlain and LIE AdWndack Wanuains. This developmcnt zill not impair the viPws from any e0stin; hanns, and will be visible to mMoriF& on Spear WrenL only Prom tho soutK. It was indicaNd W me that all Utilitics will be undar1round . R U s S a 1 Assistant County Forpsor STATE OF VERMONT CHITTENDEN COUNTY, SS. IN RE: Application For Permit * APPLICATION NO. 4CO103 * Adcom, Inc.' * Application to District # 4 Condominium units, adult community * Environmental Commission Burlington, Vermont * * March 16, 1973 * NOTICE OF APPEARANCE Please enter the appearance of the Agency of Environmental Conservation, State of Vermont, as,a party 1n the above matter. STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSEOTION By mar,cin L. uonns Secretary CERTIFICATE OF SERVICE I hereby certify that a copy of the above Notice of Appearance was sent by U. S. Mail (Postage Prepaid) to: I. Adcom Inc., % Henry Potter, 1579 Spear Street, South Burlington, Vt. 2. Brian F. Lloyd, Env. Coordinator, P.O. Box #108, Essex Jct., Vermont 3. Selectmen, City of So. Burlington, 1175 Williston Road, Sa Burlington 4. City of So. Burlington Planning Commission, 1175 Williston Rd., So. Burlington, Vermont 5. Chittenden County Planning Commission, P.O. Box #108, Essex Jct., Vt. Dated at Montpelier, in the County of Witshington and State of Vermont this _16 day of March A.D. 197�_. STATE OF VERMONT AGENCY 01, ENVI ONMENT CON E V By d tin : Johhs4 , S� ret4 y • of I tic. CmIt cs a i':fuilf:t'1 i�:'a.:i;:7'C ..,. l�U;l:•i:.0 J(3t,Gil C•U7.1�1('ll March 15, 1973 D, & _.21,67. RE, Dear ROB E1,,f 11. WILLIAA,ti h'tonil��lier, V;:rmo,7t 05602 DIVISION OF ENVI1ROWv1E_NTAL PRO'i..CTION f ppl �. Cc'tion for _Oil ReGi'u]_ations. Tile above' this office on_ Cite(3 ip )].1CJ.'i;J_C17 fnr ci Su.bclJV1sioi1 pCi'lti-j 4T 15 A"F C i.� i'<1 li`� �� �',«n�TM /.•� In a CCU1_i in(-, '_ L lje- provisions of T Ltle I.Vc.rIi.O:i(7. .`� i.ci"=i'l+"C( _ _ ,,:;lc.)'Cc �(.u; SC Ctq on i21,'.;, &n of tt:2 r_ec('1]r, of 11_r;1.LC' (t1 'L`3 iU1 .,t:'':<tlV.1.:;3-U:1 c.r:F J.�,1 (i i••i_,7 _ !')e 6ont t0 Lhe appliCrint P7]_�.I1i11 10 C3.ay.s Lt'cej-p� ar i-Tais i)J.I:j-C:'• _ You are f'arthe-,-- a?V_i_ ;c,u i,Y7,,i t.'!.i Lcc ..:'� . in ' � r '/- -,$ (. "'"1!71, tL,.i .r.l•_.. 2Ci-_LC)`i l',:'vii ::)l:]' �,!ly;' .(.„ .,, not _l at:('): 1-14C (Iu-,LC-t Of YOU CE;:VE 10 G'r' .,._T-'tiit` 1�GLG)= Si.i %��tY _,'�r•,-lC:ii'r Vpl.i i.,I'1 �(�1)i .� 'i �.. •'10-1) ti Ci ' i7V_j 1-..i --- --I - Lil^^:!, l.ij (. 1)l'. j.��i7 -�.`Ci :17. 1, C)� lAC FI �..:Il r t,'t;'1 _I 'i.., �_'-n;r `; ^i;'�,71 �.. j,1lX{ L'.^ �'il..,_ _lil:'�.1'l:. �.'.iJ •.''�� �.ai: 1.�L1_J.0 �,"1�1i'li �. h�_i=(il�'.!,��C�LV';✓ 1J?_ .-1�4r. .;I , � , '% „,) a_ L,}-1— .' - - _ .-or tliC; C )rl.`;l'1 t(c;i:.toll IVCr7V'0 r3url.J CC: �r ,l. it l�lrlll'1C7 C� �f �, (_.: C)liL,lt.Sfi.LOi:Tr ' .. r;j- �y!~.•1 7 girt' f! Eu Jt tf JOHN T. EWING RICHARD A. SPOKES ri LAW OFFICES OF EWING & SPOKES 66 ST. PAUL STREET BURLINGTON, VERMONT 05401 March 12, 1973 Mr. William J. Szymanski City Manager South Burlington City Offices 1175 Williston Road South Burlington, Vermont 05401 RE: Proposed Potter Development Dear Bill: AREA CODE 802 863-2857 You asked me to answer Mr. Nardelli's question concerning the Potter Development. I believe the question to be as follows: whether the stipulations of the Planning Commission in approving the Potter proposal would be binding on a new owner if Mr. Potter conveyed the project prior to its completion. Whatever stipulations are contained in the formal approval of the Planning Commission will be binding on Mr. Potter as well as any subsequent owner of the proposed condominium develop- ment; i.e. the development can be built only in accordance with those stipulations, unless subsequent waivers are obtained from the City. r JTE/n Very truly yours, �, John T. Ewing � 6 March 7, 1973 11r. Terrence Foyle F6 L;t. Pgul Street Pur,lington, VT 051+01 Dear ;!7-. Doyle: Subject: Zoning Per-mitl Mr. Henry Potter Po ad'vised i,hp the ')cute Purlington City Council has approved the nrqUest o-" Mr. henry Potter for a zoning permit as provided for under Section 1+41+3, T 214,9 V.S.A. A permit will be Issw:-d upon your request. Very truly, Frederick G. Flais Chairman City Council FGB/j M CITY OF SOUTH BURLINGTON, VERMONT M E M O R A N D U M TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: WILLIAM J. SZYMANSKI, CITY MANAGER RE: POTTER DEVELOPMENT DATE: JANUARY 30, 1973 1. The arterial perimeter street should be a City Street, built to city standards with cul-de-sacs at each end or preferably a continuous loop street. 2. ThA density appears to be in excess of the allowable of 6' units per acre of net usable area - Article XIII, Sec. 13.202, para. 3. Rough computations are as follows: Total area - 50.44 acres Less 15% open spaces 7.57 Acres Less road areas, approx. 7. Acres Less stream area, approx. 2.6 Acres Less„ 17.17 Acres plus alleys and easements 50.44 less 17.17+ = 33.27 X 6 = 200 Units COMMENT: Consideration should be given to the possible elimination of the 34 units west of the drainage area. II j%c William J. Szyrffanski, City Manager LAW OFFICES MCNAMARA, FITZPATRICK, SYLVESTER, FARRELL 8 MALEY 192 COLLEGE STREET JOSEPH A. McNAMARA 1892-1972 BURLINGTON, VERMONT 05401 HAROLD C. SYLVESTER JAMES J. MCNAMARA TELEPHONE 863-3494 JOHN C. FITZPATRICK RECEIVED AREA CODE 802 ALAN F. SYLVESTER JOHN P. MALEY JAMES M FARRELL JAN 3 11973 ADDRESS REPLY TO: P.O. BOX 657 MANAORR'S OFFICE CITY SO. euRLINaToNJanuary 29, 1973 Mr. Richard Ward Zoning Administrator South Burlington, Vermont 05401 Dear Mr. Ward: Enclosed are drafts of the Declaration and By -Laws for the Henry Potter. The drafts which office Friday, January 26, 1973, errors which have been corrected JMF:ak Enclosures proposed Warranty Deed, condominium project of I delivered to your contained typographical in the enclos drafts. y truly you s , ,(r James M. Farrell LAW OFFICES McNAMARA, FITZPATRICK, SYLVESTER, FARRELL 4� MALEY 192 COLLEGE STREET JOSEPH A. McNAMARA 1892�1972 BURLINGTON, VERMONT 05401 HAROLD C. SYLVESTER JAMES J. McNAMARA TELEPHONE 863-3494 JOHN C. FITZPATRICK AREA CODE 802 ALAN F SYLVESTER JOHN P. MALEY JAMES M FARRELL ADDRESS REPLY TO: P. O. BOX 657 January 26, 1973 Mr. Richard Ward Zoning Administrator South Burlington, Vermont 05401 Dear Mr. Ward: Enclosed are copies of drafts of the proposed Warranty Deed, Declaration and By -Laws for the Potter proposal con- cerning the Yandow property in your city. Ve truly yo rs, James M. Farrell JMF : ak ' Enclosures LAW OFFICES OF EWING & SPOKES 86 ST PAUL STREET BURLINGTON, VERMONT 05401 JOHN T. EWING RICHARD A. SPOKES January 17, 1973 Mr. Richard Ward Zoning Administrator 1175 Williston Road South Burlington, Vermont 05401 Dear Dick: AREA CODE 802 863-2857 You asked me to express my opinion concerning the legal ramifications of permitting a subdivision with private streets. It is clear that as long as streets are not dedicated to the municipality, that the city has no obligation to maintain or repair those streets. Dedication occurs either by deed, with acceptance by the legislative body, or, in a few instances, by implied acceptance if the city were to maintain and repair streets for a number of years. The next question concerns whether the residents of a develop- ment could require the acceptance of these private streets at some future date. The Vermont statutes presently contain a pro- cedure, whereby three residents may petition the legislative body to establish a public highway. The council would be required to hold a hearing and to determine whether the public good or neces- sity or convenience of individuals required the highway to be made public (19 VSA sections 342-343), and the decision of the council would be subject to appeal to the county court (19 VSA section 461). An agreement by the developer to retain the streets as pri- vate streets, with perhaps a covenant in the deed to individual land owners not to seek acceptance in the future, would be of some help, but would not completely eliminate the possibility that the streets would not become public in the future. Please let me know if this does not answer your questions concerning this. Very truly yours, ohn T. Ewing JTE/n cc: James Farrell, Esq. OFFICE OF TERRENCE J. BOYLE LANDSCAPE ARCHITECTS AND SITE PLANNING CONSULTANTS TERRENCE J. BOYLE RONALD W. SLAYTON Mr. Douglas Tudhope, Acting Chairman South Burlington Planning Commission 1175 Williston Road South Burlington, VT 05401 Re: Potter Development Dear Commissioners: 86 ST. PAUL STREET, BURLINGTON, VERMONT 05401 658-3555 January 10, 1973 In behalf of our client, Mr. Henry Potter, we ask you to consider the following items in recommending to the Council,who will bear the cost to rebuild the sewer lines on Shelburne Road to allow proper flowage from Laurel Hill and the proposed development of the Potter Project. In accordance with the recommendations made by Paulsen Associates, Inc. and subsequent studies by Engineers Inc. about 380' of 81' pipe, 64' of pipe sleeve and 3 manholes are needed. The estimated cost of this project, including engineering is $15,160.00. We recommend that the City undertake this project for the following reasons: 1. The sewer line when built was improperly graded so as to create a condition under which full capacity cannot be obtained. The Paulsen report also indi- cates that substantial amounts of sewer flow is from sump pumps in Laurel Hills, such flow being a result of inadequate storm drainage. 2. Since the town had accepted this construction at a past date, they are now responsible for the proper maintenance and repair (including rebuilding) of this line. Unconfirmed reports indicate that there have been times in the past when these sections of sewer line have functioned improperly. 3. Since Mr. Potter is developing his land in accordance with the zoning and subdivision regulations adopted by the City of South Burlington, and in fact would not be overburdening the sewer line if it were prop- erly constructed, it is the City's responsibility to rebuild this line. IN COLLABORATION WITH RESEARCH PLANNING AND DESIGN ASSOCIATES, INC. COOK PLACE, AMHERST, MASSACHUSETTS 01003 01 South Burlington Planning Commission Re: Potter Development January 10, 1973 Page 2 4. Oversights in providing adequate storm drainage - in past developments has also become a burden for our client, necessitating lifting of storm water at considerable expense and diverting it to provide relief from an existing condition. 5. By providing a park on the property line of Laurel Hill south we are already rectifying a past planning error and should not be unduly burdened with correcting other planning or construction errors not of Mr. Potter's making. 6. This project will greatly benefit South Burling- ton land use and tax base (no school children, privately maintained drives, etc.). 7. This project has been stalled for approximately one year with a considerable loss in taxes to South Burlington. Time consumption has escalated the cost of the project which will be born event- ually by the residents of the development. We respectfully request that the Planning Commission take the above matters into consideration in making a just and equitable recommendation to the Council in this matter. Sincerely yours, 9 Terre c J. TJB p �% � �/� Q�i � .�� fit. e [.,,� j (/J\ �^� � .' f. < F� � Y V' t' w { f � .'�� I LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 February 13, 1973 JOHN T. EWING RICHARD A. SPOKES Mr. Richard Ward Zoning Administrator South Burlington City Offices South Burlington, Vermont Dear Dick: AREA CODE 802 863-2857 You asked me to review the various documents in connection with the proposed Potter condominium project. The documents are the typical instruments in connection with a condominium, including a form of deed, Declaration, and by-laws. I find these documents to be in proper legal form. Page 6 of the Articles have been amended in an attempt to deal with the private road situation. Page 6 provides that the condominium owners will not request the city at any time in the future to accept the private roads; that the Association will maintain these roads in proper condition; and that in the event the city should accept these private roads in the future, that the Association will first be required to upgrade them to city standards. It is also stated that these stipulations can be amended only with the approval of the city. We have had considerable discussion concerning the private road issue. I feel that the agreement now contains language sufficient to protect the interests of the city, in this connection. You also asked me to comment on whether three and four unit dwellings could be permitted in this project. Planned Unit Develop- ments under Article XIII of the proposed South Burlington regulations, specifically permit apartments, row houses or condominiums (section 13.303), and I believe that the Potter proposal falls within these categories. Very truly yours, 6-John T. Ewing JTE/w I .' f -r , - 3 Architect t Purlin7,ton, 051+01 Do-,-:,, 'fr. llo,Iz: T on Plrarjoinc,-- �',ri,-ni3s-Lon will 'lold '40rk -�n 7C, t,,r )ro)onal on p '73 f­ j, a -3 tc oj o t),YF' -r t h o truly Pichard ','a*rd RW/� OFFICE OF TERRENCE J. BOYLE TERRENCE J. BOYLE RONALD W. SLAYTON LANDSCAPE ARCHITECTS AND SITE PLANNING CONSULTANTS 86 ST. PAUL STREET, BURLINGTON, VERMONT 05401 658-3555 January 8, 1973 Mr. Richard Ward Zoning Administrator City Offices South Burlington, VT 05401 Dear Dick: As per our discussion , in behalf of my client, Mr. Henry Potter, I would like to request a meeting with the Planning Commission on January 30, 1973 to present the Cedar Glen North, adult cluster community in accordance with sections 6.30, 13.00, 13.10 and 13.20 of the recently adopted zoning ordinance (pages 6, 18 and 19). We believe the condominium concept constitutes unique platting and building placements and that our proposed development meets the intention of section 6.30, etc. We estimate up to 240 units in the devel- opment. We will prepare drawings in accordance with the existing subdivision regulations for approval at the January 30th meeting. TJBImb cc: H. Potter J. Ewing Yours truly, � bt Terrence J. Boyle s IN COLLABORATION WITH RESEARCH PLANNING AND DESIGN ASSOCIATES, INC. COOK PLACE, AMHERST, MASSACHUSETTS 01003 SUMMARY OF THE PAi 'SEN ASSOCT�TIO.'<. ON THE CAPACITY OF THE S "WEIL Ll S SERVING THE POTTLR, DEVE_LjP.`/1'_,,." An electronic recording instrument Yecorai_g ..���u,e flo%'. ovar a week period was installed in the sewer line.- o_: imparial Dr. and on Laurel Hill Dr. The gauge on Imperial Dr. recorded a peak flow of 164 g,iio:;s per minute. On Laurel Hill Dr. the peak flow was recorder- at ll9 gallons per minute. Elevations at each sewer manhole on the lines that could ,��3rve the Potter Development were taken. From this data slopes and capacities of the lines flowing full and at 68 percent were c_etermined. Additional capacity of lines based on 68 per cent of pipe capacity is used in this summary. it was estimated that the Potter type ol" development would house an average of three people per unit with a peak sewage flow of 1.04 gallons per minute per unit. The most .:ritical line serving Laurel Hill South is a lanr--,:h of 62 feet parallel to Shelburne -d.where the sewer ma],.es ,. turn before it crosses Shelb,.,rne Rd. to t:_a main sewer alo::g the west side of the road. This line has a peak capacity of 198 gallons per minute less the peak flow of 184 gallons per minato or a spare of 14 gallons per minute. This would allow an additional 13 units. The next critical section is a 310` length that feeds tr.c 62 foot length along Imperial Dr. This length has a peak flow of 262 gallons per minute, a spare capacity of 78 gallons per minute or 75 additional units. The construction of a new line in this area would inczease the sewer capacity in this area by an additional 463 gallons per minute. If this were done the next critical section is a 466 foot length on Andrews Ave. Having a spare capacity of approx- mately 234 gallons per minute or approxamately 225 units. The controlling sewer line servi:.� Laurel Hill Nor-�h is a section on Laurel Hill Dr. between Black Lantern Ln. and Cranwell Pky. This line has a capacity of 185 gallons per minute. Assur«_ag the peak gauged amount of gallons par minute passes through this line which is a conservative assumption, because the line is up stream a considerable distance, the line would have a spare capacity of 66 gallons -,er minute or an additional 6-- units. The report also states that the sewer serving Laurel Hill Soac.h has an infiltration rate of approximately 76 gallons per minute or 41 per cent of the sewerage flow. The sewer serving Laurel Hill North has an infiltration of approximately 22.5 gallons per minute or 19 per.cent of the sewerage flow. September 14, 1972 Mr. Terrence J. Boyle P6 St. Paul Street Burlington, VT 05401 Dear Mr, Boyle This is to inform you that the South Burlington Planning Commission acted on your request of September 7, 1972 regarding the Potter subdivision. The Commission voted to consider -ts decision final at the time that results of the field study is submitted to them and Mr. Potterfs appeal period would run 30 days from that date.* You will be made aware of the date. If you have any question, feel free to call me. Very truly, Richard Ward Zoning Administrative Officer -RW/ j OFFICE OF TERRENCE J. BOYLE LANDSCAPE ARCHITECTS AND SITE PLANNING CONSULTANTS 86 ST. PAUL STREET, BURLINGTON, VERMONT 05401 658-3555 TERRENCE J. BOYLE RONALD W SLAYTON September 7, 1972 Mr. Richard Ward Administrative Officer Planning Commission City of South Burlington Williston Road South Burlington, Vt. 05401 RE: Potter subdivision Dear Mr. Ward This is in reply to your letter of August 8th with respect to the above matter. We understand that the City is now just entering into a con- tract with a private engineering firm to conduct the field study of existing sewerage system referred to in your letter. Your letter also states that the developer may present a modified application in accordance with article 3, section 302 of the City subdivision regulations. It is obvious that no modified application can be made until the results of the field study are disclAsed and available to the developer. We understand that this may take some time. We also have concern that the results of the field study may well establish practical difficulty or unnecessary hardship with respect to the requirement that access to the development be entirely from Spear Street. In this event, we would want the opportunity to present the facts establishing hardship to the Planning Commission for determination prior to the pre- sentment of a modified application. We also feel that under the circumstances the developer should not be deprived of any possible appeal rights if he should make that determination. It is obvious that it is virtually impossible to take an appeal with reference to the results of a field study of existing sewerage system without knowing what that study establishes. The developer may well face the dilemma of being deprived of appeal rights if he does not take an appeal now but be unable to satisfactorily state the basis of an appeal because of the lack of information. Similarly, the developer is prevented from making any process on a modified IN COLLABORATION WITH RESEARCH PLANNING AND DESIGN ASSOCIATES, INC. COOK PLACE, AMHERST, MASSACHUSETTS 01003 M Mr. Richard Ward 2 September 7, 1972 application for the same reason. Consequently, we would request that the action of the Planning Commission, taken on July 11, 1972, and set forth in your letter of August 8, 1972, be held in abeyance or withdrawn pending results of the field study. This would accord the developer the opportunity to bring back before the Commission any additional matters necessary following disclosure of the field study and obtain resolution of any such questions prior to proceeding with the modified application. I would appreciate it if you would acknowledge receipt of this letter and the action of the Planning Commission on our request. Very truly yours, Tef r6 e 'J. B yle TJB/mb f f r� } i 15 Andrews Road South Burlington Vermont 05401 July 12, 1972 Mr. James Lamphere, Chairman South Burlington Planning Commission Williston Road South Burlington, Vermont 05401 Dear Mr. Lamphere: As a member of the audience during your meeting last night several thoughts cam to mind in which you might be interested. 1. I trust that you were as impressed as I with the wealth of talent and initiative -that was shown by those making the formal presentation for the Concerned Citizens Group as well as other resource people in the audience. Their experience and knowledge in the fields of environment, ecology, safety and traffic as well as their diligence in der loping documented evidence evaluating current sanitary and storm smar•systems would be difficult to match in any existing professional group. It is hoped that your commission and others within the City Government will accept the offer made by the group to con- tinue to call upon its members for advice, consultation service and Mork in the detailed studies•to be made by the city on existing sanitary and storm sewers as well as any other areas of investigation found to be necessary. 2. Your commission is to be commended for insisting that this development be considered in its entirety rather than allow- ing it to grow like Topsy through a series of ever -changing phase plans. It is hoped that this will set the precedent for future actions of your body and that the long range big picture will become the basis for all future considerations rather than a piecemeal approach where expediency frequently supplants good judgment. 3. Your group is also to be commended for accepting the evalua- tion made by Dr. Waller that the current traffic and road safety situation in Laurel Hill and Laurel Hill South is unsatisfactory and'that adding any further burden in the form of vehicles from a now development would be contrain- dicated. It is hoped that when Potter's or any developer's a .. a = � ', r •.. �'„n,'�tV;��. .'Ti.S�+t�"-`A,�^:t�� iAU� -IN - ip., proposals are presented in the future that thoughtful con- sideration will always be given to such traffic and safety conditions. 4. Based on retractions or changes in position forced upon the City Engineer by facts developed by the Concerned Citizens group with respect to storm and sanitary sewer systems, it should be evident that closer scrutiny must be given to all such professional opinions emanating from this office. Whether these questionable opinions have resulted from lack of field work, lack of experience or some other cause should also be evaluated with an eye toward remedying the cause and preventing recurrence. S. Concerning the legality of being able to enforce in perpetuity the restriction that all residents of the Potter development be over 52 years of age with no dependent children under 18 did not seem to receive unqualified endorsement from the City Attorney's assistant. To the contrary he implied that this could be shaky ground and might well be investigated further. The fact that Mr. Potter reported that this restrictive covenant has never been court tested with respect to his other similar developments should also elicit additional caution on the part of the city. Even if a legal opinion is received that such a covenant is legal, it is suggested that a separate bond be required from the developer to assure enforcement. This should amount to our school,tuition charge times the number of units or a total of $200,000. 6. It appeared that the matter of conflict of interest was dealt with rather lightly. This is a consideration that the City Council should have addressed itself to when appointing your group or any group with decision making authority. There should be no member on your commission who would be in a position to reap personal rewards or whose company would be placed in a favored position to receive business as a result of the commission's decisions. Included in this list of sensitive businesses would be those associated with construction, electrical and plumbing contract- ing, road paving, sewer construction and engineering services to name a few. Any member of -your commission who is involved in such enterprises should disqualify himself from your deliberations and avoid compromising his principles. Page 2 , , , rk" Page 3 In general it is believed that your commission should be praised for maintaining an open mind on these extended proceedings and also for considering all the many divergent views that were presented. As was mentioned last night, it was a good example of Democracy In Action. Even more, it was an excellent demonstration in the Power of Public Opinion. Sincerely, Richard H. Meyer, Jr. RHM/as CITY OF SOUTH BURLINGTON, VERMONT M E M O R A N D U M TO: SOUTH BURLINGTON PLANNING COA'IMISSION FROM: WILLIAM J. SZY'KANSKI, CITY MANAGER RE: POTTER DEVELOPMENT DATE: JUNE 23, 1972 WATER: A 24 hour recorder placed in the system in 1968 shows that peak daily water useage is during the hours of 11:00 A.M. to 12 noon. On June 20, 1972 at 11:45 A.M. members of the City Fire and Water Departments took a hydrant flow test at the' hydrant located in front of 26 Andrews Avenue. The results were as follows: % Static Pressure 55 p.s.i. Residual Pressure 40 p.s.i,. (hydrant flowing) r, � ��J Hydrant Flow 833 y gal. 1 minute Projected flow for 20 P.S.I. residual = 1350 gal. 1 min. lyU� Recommended pressures in a distribution system - 30 to 100 =.s.i. Recommended fire flow minimum for residential districts . 500 gal. per min. with a 20 p.s.i. residual. ,. Another loop in the system as proposed in the Boyle plan between Andrews Avenue and Cranwell Drive will further strengthen the system. SEWERS: The proposed development will be served by an 8 inch asbestoes cement pipe laid at a minimum slope of 0.7 ft. in 100 ft, on Andrews Avenue. A sewer pipe of that type installed at that slope will, in ,accordance with the manufacturers recommendation carry 1.5 cu.ft. per sec. or 11.25 gal. per sec. or 972,000 gals. per -day. Our present total average daily water consumption in the south end from FAI 189 southerly is 194,250 gal. per day. The sewer pipe presently serves 22 houses. Their total water consumption for the period of Jan. 15, 1972 to April 15, 1972 was 59,100 cu..ft., or 443,250 gals., or an average of 225 gals. per day per household. M POTTER DEVELOPMENT Memorandum to Planning Commission from W.J. Szymanski, City Manager - 6/23/72 SEWERS, CONT'D.: Page 2 The controlling line is an 8 inch line on Imperial Drive entering Shelburne Road. This line has a capacity of 712,000 gals. per day. There are 132 homes contributing to it at approximately 30,000 gals. per day. It discharges into a 12 inch main on Shelburne Road. Due to illegal sump pump connections is greater than actual water consumption. of units may have to be imposed or illegal from the system. and infiltration, flow A limit on the number connections removed The sewer problems in Laurel Hill South are the result of sand, silt, and stones being flushed into the sewer lines by builders who have been active almost continuously since the start of -the development. Most of the area is wet and contractors find it convenient to pull a sewer service cap and drain the excavations resulting in silt and sand being deposited into the sewer lines. Policing of this practice is extremely difficult. This is a problem anywhere builders are active and ground water is high. IC is the intent of the city to contract special cleaning equipment to clean out the lines in this area. The depositing of grease, rags, and plastic diapers into the sewer system further adds to the problem. -� DRAINAGE: Laurel Hill South was built in a natural "drainage area. Where this is done it is extremely difficult to design a system that will prove adequate for all anticipated storms resulting in lCrIcol" flooding of the low areas. It appears that the storm system has been designed to accommodate a storm having an occurance frequency of two years, this is acceptable for certain residential areas, however, I feel that a 5 year or greater occurance frequency should have been used since building -in the drainage course was permitted. In view of recent flooding in the area and the high value of the district I.would recommend that if development in the watershed area continues that: 1. The runoff be diverted northerly to the Farrell Park drainage system. This runoff, which is estimated at approximately 4 cu. ft. _per sec. for a' five year storm, can be pumped approximately 20 feet to the Farrell Park system. This would decrease the runoff to Laurel Hill South. Page 3 POTTER DEVELOPMENT , Memorandum to Planning Commission from W. J. Szymanski, City Manager - 6/23/72 DRAINAGE, CONT'D.: -2. Perform some minor ditching to intercept runoff and divert northerly. Leave the balance of the area in its natural state. William J. Szymanski, City Manager 1 . WILLIS CONSULTANTS ENGINEERING ` E95 SHUN PIKE ROAD ASSOCIATES SO.BURLINGTON,VERMONT g3,.r0 90.67 �1�°'�So 7 8-7� �pyl. 9 co . b qv 67 d 8. dd b\ 1 6 / el r\co I Aj + 0,_ gd.67 3' •ro� o� yer',oP O r-q C? 4. o�nJ 9 �J'iaP n s C LAUREL HILL NORTH ON LAKE CHAMPLAIN / COLCHESTER, VERMONT July 3.1972 Joseph E. Frank,Esq. Attorney -at -Law 135 College Street Burlington,Vermont 05401 Dear Mr. Frank: We have been contacted by Mr. Richard J. Gucciardi of 24 Andrews Avenue,South Burlington,Vt. Mr. Gucciardi has advised us that you represented a group of concerned home owners in Laurel Hill South and also the original Laurel Hill, As developers of these areas our advice and records were sought several years ago when certain developers wanted to extend utility lines from the Oak Hill area of Laurel Hill easterly into the Reid Farm and hence to Spear Street. It was proved to be an engineering impossibility to run off sanitary and also storm sewerage through uluility pipes that were designed solely for the immediate area and not for ex- pansion. The same is even more true of water lines. As a matter of fact we were told by the City of Burlington Water Dept. that no water mains may be extended beyond 2600 feet due east of the center line of the main on Shelburne Road. There was not suf- fient water pressure to handle the situation beyond this point. This fact would be even more true as the lines would have to run uphill some 75t (est. only) to Spear Street as an ultimate terminus. I do not beleive the new water tourer is designed to push water uphill from Shelburne Road to Spear Street. How- ever you should seek engineering advice in this matter. In the Spring of 1963 we were approached by the owners of the _Reid and Nowland Farms which are as you are aware adjacant to Laurel Hill and Laurel Hill South. First they granted to know whether N th Star Corporation would be interested in purchasing one or bo�hr of these farms for development and secondly if not interested to install utility lines of sufficient capacity to service not only Laurel Hill and Laurel Hill South but also to be able to service a future development of the above farms. DEVELOPED BY NORTH STAR CORPORATION 8 BISCAYNE HEIGHTS. P. O. BOX 42, COLCHESTER. VERMONT H. W. CRANWELL, PRESIDENT 863-4865 2. Joseph E.Frank,Esq.-cont.- At the time 11orth Star Corporation was not in a position to purchase these farms and certainly did not contemplate in- stalling oversized utility lines without setting up a prorata share of costs. We asked Mr. Lawrence H. Willis,C.E.,Shunpike Aoad,South Burl- ington,Vt. to give us on engineering opionion relative to this matter. This report is attached herewith in photostatic form. The report is rather lengthy but in great detail. It says among many other things that in order to service both Laurel Hill South and any land development projection easterly of this area it would be required to install a twelve inch sewer line or the minimum eight inch line for the sole use of the original Laurel Hill South area and then at a later date and additional eight inch line for the above easterly projection. The Reid and Nowland interests declined to give financial assist- ance for the twelve inch sewer line so we installed the minimum eight inch line to service only Laurel Hill South. The same sit- uation is true for Laurel Hill and was proved in the Oak Hill matter. Today a second line through both Laurel Hill and Laurel Hill. South would cost about ti?125, 000.00 net. With -the high water table in the eastery lands the figure may be low when the shale and clay conditions are also taken into consideration. The same basic reasoning is also true for water lines. Only the miniumum sized water lines were installed for both Laurel Hill and- -laurel Hill South. in laurel hily tne lines are 611 and 8t1 and in Laurel Hill South the minimum requirement(en-ineering zrise) was 8inch lines. In addition to these facts we were also told by the Town of South Burlington that the City of Burlington Water Dept. as mentioned before would not allow an extension of water lines beyond 2600. feet easterly of the Shelburne Fiolad riains. We was stopper dead in our efforts.North Star Corporation was continuously blocked. Referance is made to a copy of a letter attached herewith to I-Ir. Donald Lavalette,Supt. ,So. Burlington :rater Dept. and also a letter to former Town Ravager Henry Leclair. Doth have bearing on our efforts herez-rith. I, have had information from Kr.Gucciardi to the effect that a recent meeting of the 21. a-azing Commission ruled that the Laurel Hill South storm sewers were inadequate to carry any additional loads. This we also have proofs for should it become necessary. The same general engineering theory was used on the wate:c and sewer lines that they -re fine for Laurel Hill South but not engineered for any additional loads. If any of these lines zrere to be tied in to a development project to the east it would result in the eco- lo-ical disaster of the century. If streets were opened up from Spear Street doirn through the Laurel dills areas storm and snow runoff waters could not 'be controled in any matter. When the small area that Yandow developed in the upper section of Laurel Hill South was improperly graded and storm sewer facilities were not eng- ineered correctly the storm waters overran all the adjacant lots and necessitated installing new north south stormrE , geYr lines into the U.V.M. Agricultural pond. which even now overflows according to my information. 3. Joseph E.Fran!�,Esq.-cont.- Lastly but of considerable import would be the potential traffic problems that would arise from a new area plus the fact that ne-W raceways would become available from Spear St. to Shelburne Road via many available routes through both Laurel Hill and Laurel Hill South. Deference is made to the problems involved through the Prospect Parls;•ray and Ledge Rd. areas and these routes do not even serve the more populous areas of east South Burlington. lie also understanc? from I•ir. Gucciardi format is under consideration for the We accept the fact that there is need all cost catagories but it is hardly opposed arEa.s in a contiguous manner. record of the past two decades reveal the investments of the original home over 50 . that a lour cost housing areas east of the Laurel Hills. for all types of housing in fair to run two diametrically In this type of planning the in graffic statistics that investors has depreciated by In conclusion I will state that North Star Corporation will Irish to consider the possibility of entering a �250,000.00 lair suit against the Totrn of South Burlington and it's agents in the event that other developers are given the right to use the utilites in- stalled by ITorth Star Corporation whereas said corporation was denied the same rights. This is discrimination at it's worst and we will take our chances in the courts. Hay we again refer you to the petters to former down Manager letter to Paul Sheehcy,Es:j* enclosed photostatic copies of uen_ry Leclair and an additional As you know your firm represents North Star Corporation we ask that you discuss this letter with Peter Collins who handles our corporate work and for whom we have much confidence and esteem. If Peter indicates that this material may be used in the best present and future interets of ISorth Star Corporation you may proceed accordingly in behalf of your clients. Very truly yours, 4ta-wWw. ctav U�rja.� Howard W. Cranwell PS I will be back in Vermont in about one week and I brill be available for further discussions of these matters. P �:•A ! Cc . HOWARD W. CRANWELL TO ITEI-I 3 - I Invoice 63-37 is proof of pipe size for storra setter in- '. stalled dow-n Imperial Drive and into Shelburne Fed D.I. Invoice #r 63A is proof of ' water main size and- Invoice 63-34 is proof of sanitary sewer size. H.W.C. / 7/3/72 j r M - i UNtVswfrTY t-.7.. "oil LAURENCE H. WILLIS Engineer • Contractor SOUTH BURLINGTON, VT STATr:I. T ^: La:trel ;:ill South storm Seger, eta. 1 . P135 l .f . 12" i2elcor typo AXCG!j? :'? k3.40 per : '` z67' .00 a4 .�xF' of 14" stand. y wZl.60 ner 1 Y + 1 1 ++ 1 � T � � A . � M ' i UNMUMITY t."So LAURENCE H. WILLIS Engineer , Contractor SOUTH BURLINGTON, VT 30 I�,I:�ria1 :,rive 1::-�8-G3 :Ou � purl i ngtox., Vt. 63-9 5 TAT.., 2' T :1-: Laurel rill Soutt; water L-ai n, etc. 1. 2064�1.f. 8" cl 150 trans. water pipe r V3.87 per: $4117.66 �. Fi.ttirr s per n. Rock: a. 3-- 8" gate -slvea 319.37 Frei �-►-it 19.14 b. 1- M tapping sleeve .1, valve .108,87 freiEht 11.04 phone calls 4.40 c. 1- S?o tie for hydrant 46.53 d. 1- 8Y8 tee fnr intersect!on 49.94 e . 4- R" C-1 E;nd caps 3'3.6G freight 6.44 f. ]- 6" gate valve f ,r h,,•drant 66.11 9.,,5-- gate valve boxes 100.00 freight ;3.69 h. 1- 90-0 I.-ualow hyart.nt 417.64 1. 9-14-63 ,* Hock install tapping slelive & vrxlve 41.90 (eves rot include 'furl. .'eat. Dept. ch.T. for tapping, that is billed you thr.i fire gist.) j. 9-30-63 -�L. Rock install hydrant ( there :day be other ct;art ee from Rock thru fire e tat.f®r insp. and install ohar6es he is reglu to perform.) k. 10-Z of item ?. a. thru J. for handling and our part of instslIntion.(labor only) 117.13 1. ce-went block6 for fitt ngs, cement, loader,bsck- hoe etc. (extra work on ir.9tallatian of fittings not covered b;: lin. ft. price Qn plain piper 43.80 (d,te in part to vet granud j 06449*64 T LAURENCE H. WILLIS Engineer • Contractor SOUTH SURIINGTON. VT 2r, Howard Cr; ::well 30 Imperial Drivt south=:urlington, Vt. STx? EIS NT UNlvt"I" "Too 12-17-63 63-34 LLE: Laurel MY. South Sm.* 3a%er ;.ain & extra charges d•irinC. period of sewer li3stel.laiiong 8-19-63 to 8--47-U3. �;. Lough Pay7oader work F 'G.00 per vv/ no oper. (D. Fr& ncis pd. by 2,t. separately) 1. 4 * 5 hrs.- 8-21-63 4. 1 hra. 8-Z7-63 6.5 hrs. ,! 48.,)0: 52.00 3. I hrs. 5-28-63 4. 2 h.-so 8-31-63 B. 3 c.v. cone. C$15,00 per plus 40 nin. wait V6.00 per(W.C.".—by) 49.00 C. -I.065 ]in. ft. 8" cl ::5:00 trans. sever pipe instal'ed complete 4 ;:;:,.00 per ft. ;, 3195.00 D. 5 stardard sewer uanholes 0 w:335.00 per: 1175.03 Y 4471.00 T J Thank pu. FROM Joseph E. Frank,Esq. TO -cont.- LAUREL HILL NORTH ON LAKE CHAMPLAIN COLCHESTER, VT. 05404 863-4865 SUBJECT: Misc. baclZround material IDATE 7/3/72 FOLD t Attached herewith are four copies of letters which to some small extend indicate the various troubles North Star Corp. had with the Town of South Burlington and its agents. H.W.C. SIGNED PRINTED BY ORAYARC CO.. INC.. BROOKLYN, W. Y. 11232 y s ,i -V47--t1 'fitO rA Q,"Oted pi.'r,,A over V-0 ltrv, 0011"IEW l.' V .7 C-O lt t," 34 1:)A-4 I 11,3i.i zro-.An to ro-W pril 111r.c-no of tho va-ito Ir"llotor. to nI!ro bat I T."'d Car,—$ t to fl--ith tio '.-.i mar ox-vit."we ).3t Ozifillf:l r.,r%uY3 of v* ilcro�)r j &. - 4 la -I og it qoa,,),rtp..r If yo, tivavo r 9 F"rT,-fh�?�"'"P�a''-''iYl'Z"IG,"'•d"'�5 '�!�3,'!yitw '��*.'�-r'•Y.�tR�s'fi�. '�. �•,t� }+,e.i 7d';w'r.��-+,v.,.•,"?x �M. u� _ ,. , N south Lira' '• I,n_�lt + r .ntcsr.c��ir�ats calf �M �•`' r X"T 1:'�`L:i"r'L' Tr!'1�.'tr �4a r4�l e� .�w♦ of rt'�• � �.'ed,:..���`} YW�a eve, ' i4C�� I. iF J"J�•.t Vt+:. W.4v •.! Yi]u Y�i ;J^..^� ii��►. 4�V��:j! L3 bo ['�7/., '��}�f}"yjj/f ��l1 wY I tiVV stir\= is i�'L {7YJr1.tY V. 4h.0 • *enter rnraw It ` 1, f, .y/� �t�, 11 �. f1 �� ��� ..4.. n"•3 ��h.� R�.r ,�S4� 11 b` rA ,..t.�. f I-u ,� . cu,!' Lilt► X'1 6��;rfY4: '. :. to,... '. . =6h a a !i" axe *Wall Ov" ar3t�s �u � tha To= my bar to ocurta :CQ111 dam" Lc Tin t�� is t� a-a� t n ►t they mown �.� bEr� �.�a+ari�nin�.fi�r^J trim &Old c aua vat of It c uay to Sat— , Id. UO- Vary i�siir+oux':� it r K .c-nn an e t r • �� iw �r a+• nY'+1 i� eq ZJh •f June 5, 197 Mr, T)onald lAivalette, Supt., S. Burlin, 'ton '.",-,ter Dept• So Burlington, Vermont Dear Don: I have recently been advised that John acid has sold his property -t loh I.P. adjacent to Laurel Hill South# for purposes of subdividin-, I am wondering where he plans to draw the water from as I v ntea to purchase this property come years back and I discussed the matter with you and other town officials and I was told that there mna a so-oalled lax in the Toga that no water oould be drawn in Excess of 2600 feet from the center line of 3helbu:•ne Roadq and also that the pipes were not of sufficiant aloe to ciacommodate additional houses and that in order to brim the water pressure up to a polut where it Mould be acceptable to tam Toun and those that vrrite fire insurance policies, it would be noceosary to run a now main back -� to Pine Street and iwX* other modifications to the City, of Burlington water system. Inasmuch as the Corporation lost a considerable amount of money by not being; able to buy and develop the Reid farm in the pastwe are naturally SoIng to Hatch de- velopments in this matter very closely& Very truly yours He We Oranwell, Preset NORTH STAIR 00111?. hwo/ar to LAUREL HILL SOUTH SHELBURNE ROAD AND IMPERIAL DRIVE / SOUTH BURLINGTON, VERMONT Augunt ?%:, 1069 Mr. Vincent D'Acuti Chairman, Board of Selectmen • Torn or South Burl] ngtor. >outh Burlington, Vermont Dear Mr. D'Acut{ t After six to seven years of continued and unending difficulties within the Town of South Berlin.,7ton, while develcpin7, both Laurel Hill and Laurel Hill South, north Star Corporation has decided that the only -way the Corpora- tion can seek justice and retribution is through the courts, The firm's investors feel that they have risen the targets of r,ersecution, bias and unending discrimination. "-rom 1960 on, hicrhly documented .recorJs have been ^.,m7rany officials and various attorneys. Several -hundred rages have been compiled which both point uD and prove beyond a doubt the conclusions reached as outlined above. The original understandin,T between the Town of South Burlington and North Star Corporation was that the proper Toren agent was to inspect all work as it proceeded and would Indicate said .fork to be either acceptable or to reject any such work as not meeting minimum standards. Upon notification that any work was sub -standard the Corporation would insist that the sub -contractors involved would correct any work Indicated as sub -standard. The Corporation has on file innum- erable letters indicating that the work, as it progressed, was indeed acceptable and had met minimum requirements or specificatiors. Forth Star Corporation could draw no other conclusion but that all work was satisfactory, We ask you to call upon officials of 'Engineers, Inc. of Vermont to verify the above statements as pertaining to work at Laurel dill South. North Star Corporation also recognizes that certain in- stallations by the above firm later proved to require correc- tion. The question is why should North Star Corporation be DEVELOPED BY NORTH STAR CORPORATION nS 6 BIfCAYNE HEIGHTS. P. O. BOX 42. COLCHESTER, VERMONT CnH. W. CRANWEL6, PRESIDENT 863-4863 Aug. i6, 1968 ;� , , .�;y, ..f`"• t'r'" tf?r' fAla�t.> �f otrinrc? .in 'r••,Yl.• rti c>ctirn '1',- v1 ,-, y ,` v.,�-,•.�r'.,++o � •,��•: yr.�L^!1,TFgtin•{T,� -,•F1 qru +- ri tl�'l �- t;j,� CG Irv^'-ve/•' I I rm, : a-- rin�- rLn. '? t1ie S"1( ire„{ f 1r�zrpc?; +,lon and plat, or, R red'-r� ctlVe work ;fie re+ F , lam+ -o- ob! nrr and examirir.,u, -) ;ner 91 b-dl , I lions, '-ha'- hc� ^cam. e arP wor rl n? in tl— sP areas as wort-ed jy, T attrni '_-r11.1 F:-^ rp.l.rel Fill. South. �oriehow thF'y seem fir :,erfo.rT in an saccentable manner Jr 'hPse arees. It: is nc 1 i ttl r, that our .-�fflcla.ls and atterrevs can o�l�► i—ilvd,-! trat North Star Corporat:trn, and its Fer- �onYei , ha�rF bPr r subiPet-d. to continuous Pnd unrel.er.ting nerseclt}i-)„, bias and di�:crimination. ^rY +r;,ltir yo• r; �4W • i'1 j) T :' i� IT', • 1 1-1 _ t J r 'I 7 I FROM Joseph E. Frank,Esq. Attorney at Law LAUREL HILL NORTH TO 135 College Street ON LAKE CHAMPLAIN Burlington,Vermont COLCHESTER, VT. 05404 863-4865 SUBJECT: En:ineerinm report by Laurence H,Willi ,C.E. DATE 7/3/72 FOLD Attached herewith is the engineering projection report req. by North Star Corporation covering the possible potential use of Laurel Hill and Laurel Hill South utility lines by the Reid and Nowland Farms. The report is rather comprehensive but it would have to be knoz,m hour many users would be involved but based on an acceptable density the conclusion and recommendation is for a twelve inch sanitary sewer line or two eight inch lines. The lines now in- stalled at both Laurel Hill and Laurel Hill South would not in any tray qualify for projected use easterly as they could not take on any additional volume of materials. We have considerable additional material and facts available for your use and consideration but 2 think your case is very firm right now. Very -truly yoursm Howard W. Cranwell SIGNED— 15!):t& AA G10h"AA)M' PRINTED BY GRAYARC CO.. INC., BROOKLYN, N. Y. 11232 r ' to { + r '- 7- Z. 4C -iy J dP WC ,. oa el -' ale (/P{�2rsi7 ✓ 7-h P p r r ;6 c! X QY to G� S � �� T „S �. ��'Y�/'`j� S P u� ef" .� y :r Pets-i y l%► Pad drt !IJ � . � Ty v ex, _ .r,'c- cS _So.'/ coH. /'z<<o.7r-.er-otwrs��10— .6?l� 1 11;7e-r o,7Z' So//, roc 4 a,w 4c / , .7 TrP��� �t �r,r•,;-�!h q' r� p lewl - 1, Th e n e eol �,,-�durc,�,r� v v� ,60 C-r6 A4 j //,� Al. m In • / eHc0CA0110,11 -O/ ld er•� ear- 1 G O per- / v o?, ale � U9 1 J'ZO cell 's Ir11,Iu�' per IDA- Go SPZX- --- =----- " I K 1 i �. s- 4 3 . TG1 e use o 44wpc/::� er s o.�,r �Qr ova c!p4 q► c ui''�Z r`�� �os�rj�B /H �`or�o. ,p cT/mil f'�/P�• EY erg n o c d7,e2,,4 ail G oAlole-le 1v ddJ's;6/e -ea,e 7`� c�/ B/�/ a �.!000" op J v stiff' s s74e~ v�r' _ C- e//ai- c�r4�� awe, ��e a yio�rrl� y a,otg?1 -- /s- ece.r ofasssCzr R�esi�/? sq..�r, s�w�s-f �,vt ir_ � � vN�t�/:�►uss! �v-e q.� p�/apt%- . - - - - - ---�--;--- ✓�s��'rr�,-- pip e ; - --.• ..._.---- �U o C �e+rr��r ,E io q,v� 9, 3 0 0, 000._�" oQd-__ �. �74&/ c/ail Aue c�.6,01ec) 1p 3 C,O-" � ..3 6, a�-u �f � AtC /> -00 L e u/ o u /e/ e9 alp- eO" a z �Od �� r e' off` p��o-e 1 sitr�'Ae L IV" -- 2.. /i''ri 2 rca v, - lL�U,-A L J --------- s. ,s e ' i i SOUTH BURLINGTON PLATITIING COTIUSSION I=Iln June 13, 1972 The South Burlington Planning Commission hold a regular meeting in the Conference Room of the City Hall on Williston Road on Tuesday, June 13' 1972 at 7:30 P.M. Vice -Chairman Lamphere called the meeting to order. I nIDERS PRESENT MEIOIMS ABSENT James Lamphere Douglas Tudhope Mary Barbara Maher Dr. Harold Brown, Jr. Arthur Bailey OTTTERS PINT ' William J. Szymanski, City Manager Richard I -lard, Zoning Administrator Stanley Shefler, Swiss Chocolate Pot, Stowe ` Norman 11yers, Burlington Indoor Tennis. Ctr. Charles Diggle,Hicock and Boardman Realtors Roger Curtis, Barbara Bull, Natural Resources Comm. Paul and Rachel Steady, Cloverleaf Real Estate Charlotte C. Ynrsh R. B. Sharpe, 6 Worth St. George Brady, Brady Landscaping N John Dellanno, Just -Gold Properties, (Mammoth Mart Shopping Center)' rrs. Dorothy ,duilford, Secretary Henry Potter, Developer Yandow Property Also - apprormtely 100 residents of Laurel Hill, Laurel Bill. South,, Spear Street Catherine Ileubert Kenneth Palson, Engrs. Inc. of Vermont Colin Lindberg, Burlington David Merrill, Williston Road LQT= OF MAY 23, 1972 ' Mrs. Maher moved to accept the Minutes of May 23, 1972 as presented. -Mr. Bailey . F_ seconded. Approval, was unanimous. RTARGATIIZATTGN =� ITIG - ELECTION OF CTLUMR L1N, VICE CHAIRMAN AND CLERK This item was tabled until the next meeting on June 27. REVI;•;•r SITE PLAN - SFIISS CHOCOLATE POT - STATILEY STIEFLER ' Mr. Ward presented a pite plan of the proposed business. Mr. Shefler proposes to purchase the Cunningham residence at 1242 Shelburne Rd., leaving it in itP 90UTJJ PURLINGMIT PLANNING COMMISSION 2�Ir;L'I'ING — 2 — Juno 13, 1972 existing form, with the interior to conform to the plan presented. Mr. Ward said his chief concern is the 25 foot entrance. Mrs. Maher noted that Zoning Regulations limit the nunber,o£ parking places to 12 on the basis of the 1284 square feet involved here. Mr. Shefler is asking for 20 parking places. Mrs. Maher also expressed concern that there is not sufficient space between the north end of the existing driveway and the Allard property, and that there is not enough space to park a car, turn around and drive it out again. Mr. Shefler replied that parking has been designed because of the minimum require — went for parking at this time. He can accommodate approximately 50 people in the restaurant. Based on a 1 to 4 ratio, he: feels 12 to 15 parking places would be adequate. Mrs. Maher said she thinks parking should be in the rear. Mr. Shefler said he could be willing to*create parking area in the rear. The land has 8001 in depth, but only 3001 is zoned commercial. Mr. Ward said Mr. Szymanski: would rather see a 401 entrance. rfr'. Bailey asked Mr. Szymanski if he would have any objection to meeting with Mr. Ward and Mr. Shef— ler to settle the problem. Mr. Szymanski had no objection to doing this. Charlotte Marsh stated that the space between Shelburne Road 4nd the garage on the property in question is not large enough totipark more than two or three cars. Also, unless the garage is removed, cars could not be parked in the rear of the house. Richard Sharpe, 6 Worth Street, said he objects to going beyond the 300' commercial zone, since his rear yard abuts the rear of this property. Charlotte Marsh asked if a liquor license will be requested and,when told there would be a request made, stated she objects to it. Arlene Kropcho, League of Women Voters, asked if consideration could be given to the fact that there are three lots to be developed in that area, and hopefully 0 1 SOUTH DURLIMTON PLAITI1ING CO1,2,fISSION =, TING — 3 — June 13, 1972 planning could be made to eliminate three separate curb cuts. Mr. Casseraba, Imperial. Drive, wanted to know what the hours of business would be. Mr. Shefler told him he would operate from 11 A.M. to 11 F.M. 7 days a week. It would be identical in size and facilities to the operation he has in Stowe — — it is not a large undertaking, he said. *. Casseraba was concerned about the traffic problem, noting it is very difficult even now to get into Imperial Drive •from Shel— burne Street. Mrs. Maher made the observation that the ideal situation would be to have the three lots in this area become one lot, but since this is not the case and they are all legally zoned for commercial purposes, the =Tanning Commission must atttmpt to find the best possible solution. A brief recess was called by It% Lamphere for discussion. Mr; Bailey moved that the Planning Commission accept the site Man of the Swiss Chocolate Pot on the Cunningham property, the stipulation that Mr. Shefler, 2CetLiM to the next mooting on June 27 with details of his meeting with city officials on curb cut, drainage, screening and rarkinp, and that consideration be given to the possibility, in the future, of making one access to all three lots in this area. Nays. Maher seconded the motion. It was approved unanimously. SUBDIVISION IIE 11G — HEPIRY POTTER AI1D TS 110E DOYLE — MFlil R YANWN PROPERTY Terrence Boyle presented site plans and.also showed slides of the proposed develop— ment. This evening he is asking for only 18 units to be approved. The following statistics were given by Mr. Boyle: Construction will be wood frame on a slab — clapboard siding. Design will be in keeping with th re esidential character of existing neighborhoods. Access for these 18 units (6 duplex and 6 single units) and the balance which wi 11 total 60 units under Phase • 1 and II, will be from Andrews Road. One—half acre park is to be dedicated to the city. rbrs areas will be kept in their natural state as open space. Existing pond will be retained. No grading will take place to disturb any trees The road leading into the development fro m Andrews Road will miss the pino trees in existence oast of the Laurel 11ill developments. SOUTH DMINGTON PLANNING C014-FISSION If,17MIG — 4 — June 13, 1972 'D All existing trees will remain and other trees will "ibe added to screen existing Laurel 11ill development. Drainage will follow the Natural Resources Com-dttee drainage map. Developer will construct a gUj__pccept_ed._street to within the dovolopmonI_.`_A_6cess from Andrews Road will be extended 7001 to a cul-de-sac by developer. Age of property owners limited to those 52 years old or older. No children undar-18 will be allowed to live in proposed development. Price range of each housing unit will avera © from 5,000 to ;'7,000. ssociation_will provide maintenance of Homeotimers roads, snow removal, car© of grounds. )J Each`tndivi unl owns a cluster, carport and a (/ 20 x 20 patio. Developer will put in the Articles of Ownership the fact that owner cannot sub -let his housing. Wet -,:area of the 50 acre tract is abo ut 32 to 5 acres. Number of people averages less than two per unit. One-half acre of land to be turned over to the city represents 15% of the 18 unit area presently to be constructed. 35 foot easement surrounds -the eater areas. 'This development does not qualify for a tax subsidy. _ -No children will live in development - therefore no burden will be placed on the school system. Balance of acreage to be given to city is a 5-acre parcel east of Oak 111 Drive. .Requesting permit to build 18 units under Residential B. Developer will provide walkways and roads within the development. '60 unit phase total development estimated to have . • 60 cars. rbste 1Pr awn_picked this as a dex�sit�r- area. ure development Cafter the 60 unit phase) will have access from Spear Street. No connection of roads will be made from the Phase 1 and I units with access from Andrews jbad,and the .�" later6evelopment with access from Spear Street. An unidentified man asked if it is legally possible to restrict this housing to persons 52 years of age and older: Mr. Lamphere informed him the Commission has had a ruling from the City Attorney that it is legal. George Killen wanted to know how owners of these housing units, can be prevented from sub -loaning to someone who has children. Nr. Potter said it would be in- corporated in the Articles -of Ownership that sub -lotting would not be allowed. SOUTH DURLIMTON PLANNING COMIISSION METING — 5 — June 13, 1972 Mr. Arthur Bailey noted he is pleased that this development will not place a burden on the school system. He asked Mr. Szymanski if the sewer mains and water mains are large enough to handle this development. Mr. Szymanski replied that in view of the installation of the water'tank on Allen Road which has b eon constructed, he feels the mains would be adequate to handle the new development. A considerable amount of discussion followed on this subject. Many residents of Laurel Hill and Laurel Hill South complained that neither the drainage or•sewerage mains are adequate to handle the existing neighborhoods. Richard Gucciardi, Andrews Road, told'the Commission the sewer backs up on Andrews Road into a neighbor's cellar. He asked the City Manager how large the pipe is which extends from Andrews - into Bartlett Bay plant. Mr. Szymanski told him it is 8 inches. Mr. Gucciardi urged that a thorough investigation be made of :the size of the pipe lines extending into existing developments. He doesn't think the facilities can handle the proposed de— velopment, Mr. Robenstein asked Mr.' Szymanski if he would accept the sewer line today as it is now constructed. Mr. Szymanski said he would not. Mr. Bailey asked if this phase only is to be connected to Laurel Hill and Laurel Hill. South mains. Mr. Boyle -said the basis for the 1st and 2nd Phase would be limit— ed by elevation. After completion of the Champlain Water District, connection would be made along Spear Street. Mrs. Jean lbxriott, Andrews Road who lives on the northeast corner of the street and immediately abuts the development being proposed, was most vocal in her, opposition . to the proposal. "We don't want it in back of us and it is unfair to put �27,000. homes near expensive homes", she said. Mr. Robonstein asked if construction is modular. Mr. B oyle -said it was not. Robert Larson, Oak Hill Road, noted that althougH Mr. Boyle referred to a wet area of 321 to 5 acres, in the spring the flood plain expands considerably when the rains • SOUTII BURLINGTON PIANNITIG 00101ISSION =NG - 6 June 13, 1972 tD come and the water flows down from Spear Street to Andrews Road, He suggested this problem should be solved before allowing any development to take place. He also referred to a fire incident a few years ago during which the'fire hose went limp due to low prosoure on Oak Hill. M Mrs. Gretchen Hopper, 226 Laurel Hill Drive asked if the green bolts will be open to the public. Mr. Boyle replied there would be (1) open space -reserved for the Homeownerst Association and (2) 15110 given to the city for Park and Recreation. The developer proposes--to---turn over 1/2 acre of land to meet the requirement for this phase of the 18 units to be built, which amounts to 15% of the phase being developed. Mrs. Hopper asked: "What about the pond;" r1r. Boyle stated there is a 35 foot easement surrounding the water and adjacent to that a z acre park. The Laurel Hill residents can use the walkways of the development to reach Farrell Park, he said. The next discussion centered on traffic problems. 1;fr. Gucciardi, Andrews Road, called attc::tio . tc the fact that three youngsters have been struck by cars in this neighbr_+r- hood. Youngsters living here have no sidewalks or playgrounds and, therefore, play in the streets. Concern was also expressed by various residents that a through street from Andrews Road to Spear Street might be constructed. Mr. Lamphere stated this . Planning Commission is opposed to a through street there but upon a direct question by Mrs. Ruth Abrams, agreed they had no control over future planning commissions. Mrs. Abrams also asked: "Have you ever tried to play baseball on a half -acre lot - I think a half -acre is inadequate." Mr. Arthur Bailey noted that he lives in this section of town. "It is nice for you to sit there and say one-half acre of land is inadequate, but how would you have kelt to have been asked to pay more money for your home to provide 151% of land. I think it is presumptions to ask anyone to give away land. If this is turned down - - - ^�) suppose the next thing is a development of single family homes - - $40,000. to $50,000. ' homes - - then you are going to help pay fo r schools; t= s will go up, would you and SOUTH IMLINGTON PLANNING CO 51ISSTON 1.7=- ING — 7 — June 13, 1972 !` I be willing to have taxes increased to make up the money we would lose if'this does not go up?" ASr. Robort Selkirk wanted to know what kind of market analysis has been made for the potential buyer. Charless Diggle, Hickock and Boardman replied it is aimed for the local market. The owners would be "empty nesters" whose children have grown, they Vould be people of means, people who like to go to Florida, older people. Those who purchased units in blr. Potters development in New Jersey were Scout Leaders, —Teachers, etc. The value of the proposed -homes, on a per square —foot basis, cost more than homes in the existing neighborhood, Yx. Diggle stated. Homes are designed by an architect and will be well maintained. There should be no policing*problems since there will be no children, he felt. Craig Butterfield noted there had been considerable opposition when Mr.. Yandow applied for his cluster housing concept. At that time, Webster Martin Co. checked the water, ,sewer, drainage, and all engineering aspects have been chocked by the City Engineer, he said, and this type of unit does not increase the sewer and storm needs. -Mr. Gucciardi reiterated his feel ings about the drainage and water pressur a and recalled meeting with the City Engineer several years ago about these problems. 'Mr. Szymanski maintained the sewer is adequate, that pressure will not change. Many of the blockage problems, were recently found to have been caused by large stones in the lines which have since been removed. Charlotte Marsh asked if the actual building plans have been submitted for approval. She was told they have not. A recess:of 15 minutes was declared for discussion by the Commission. Hr. Lamphere called the meeting back to order at 10:15 P.M. Mr. Bailey moved that the Planjim Co-,=ssion table thig nroposafox development for further study of. water. :storm ^ewer and sand tarn sowor facility es a]2d oyiow of the nxotectiye coven— ants andifurthor, out of respect to the people and the developer, that the Planning SOUTII 11MINGMN PLUINING CO?NISSION I =13 NG - 8 .- June 13, 1972 Comm] ^sion, sholtld_ mnka_a do_ci^ion during one of the next two rerrular maetinr►o Dr. Brown seconded the motion. It was approved unanimously. LANDSCAPIM, PLAN AMOVAL - MMINGTON PLA71 - GLOME BRADY, BRADY LANDSCAPIIIG CO. George Brady presented a landscaping plan for the Burlington Plaza which he said is designed to control traffic within the shopping center parking lot.. Details of the plan are as follows: 10 islands 201 x 401 - each with three yews and each with either two red pines or -two pin oaks. 3 islands 10' x 40' - each with two pin oaks. 4 islands 10' x 20' - each with one tree (three will be pin oak and one pine) 1 island 10t x 310' - with 6 pin oaks - This will bo at the entrance of the shopping center -and will be a divider for entrance and exit. There will be a barrier of pin oaks and Russian olive trees along the front of Shelburne Road. ` There will be a barrier'of Grab -apple trees along Queen City Park Road. There will be red pine in the rear. The islands will be filled with wood chip mulch - and there will be a black -top curb around the islands. Mrs. Arlene Krapcho noted that Mammoth Mart is coming before the Zoning Board for a permit for building qupplies. She asked about sidewalks for pedestrian safety from Shelburne Road to the store, along the southerly side of the parking lot. , Xr. Brady's plan showed a sidewalk along the south side of the parking lot but not extending to the stores:- Questions were asked about the trees dying off and whose responsibility it would be to replace them. Mr. Brady said the plantings are guaranteed for a year and after that it is "up to the owner's good will toward the • community". An unidentified man suggested that walkways be installed down the middle of each island. Dr. mown asked if this will meet the requirement of lz% to be spent on landscaping. John Dellano, owner of the shopping canter, stated �15,000. will be spent on landscaping. • 15 Andrews Road South Burlington Vermont 05401 June 16, 1972 South Burlington Planning Commiesion Williston Road South Burlington, Vermont 05401 Gentlemen: This will follow up my letter of June 14 concerning our opposition to the proposed adult residential community east of Laurel Hill. If you had any question about point No. 2 in my letter, you should have been on Andrews Road during the Evening of June 15. Because the storm sewers are inadequate for the existing development water flooded several spots on Andrews Road and overflowed curbs in more than one area. At least six houses ended up with more than a foot of water in their backyards including ours. If perchance you missed the big show, photographs were taken which might enable you to relive our experience. If you place additional burden on the storm drains by allowing con- struction of the proposed community we will have a repeat performance even more regularly. Sincerely, Richard H. Meyer, Jr. RHM/ as 15 Andrews Road South Burlington Vermont 05401 June 14, 1972 South Burlington Planning Commisssion Williston Road South Burlington, Vermont 05401 Gentlemen: This letter will express our opposition to the proposed adult residential community east of Laurel Hill. It is unsatisfactory because: 1. Excessive traffic would be generated on Andrews Road and throughout the Laurel Hill area. If eventually access is going to be made to Spear Street, why not block off Andrews Road now and make immediate access to Spear Street? 2. Storm drain overflows and sewage backups are ample evidence that existing drains and sewers are inadequate regardless of what the engineer calculates. Why add greater burden in the form of additional dwellings when it will only compound the problem? 3. Although a legal opinion might indicate that restriction of residency based on age might be legal, what assurance is there that the city, the developer or whatever will enforce this restriction? Who will be obligated to fight court challenges and bear all necessary costs? 4. When developments in this area were initially discussed, it was made clear that there was inadequate water supply from Shelburne Road to serve a new community. Will the new community have wells, depend upon a new line from Spear Street or disregard the water needs of the Laurel Hill areas? 5. Laurel Hill and Laurel Hill South are the prime residential areas of South Burlington, have the highest average assessment of any group of homes in the city and on a per capita basis pay the highest taxes. Why would the city consider lowering the fair market value in these areas by placing such low-priced multiple dwelling units in their midst? Is the city ready to reassess all of these prime properties downward to take into account the lowered real estate values such a development will cause? Also, are they ready to accept the tax revenue loss that will result? Page 2 It's time that the City of South Burlington recognize its responsibilities to its citizens and not to the avaricious real estate interests and developers who can't see beyond the dollar sign. If you don't control residential development in a way that will give the residents confidence in your management of our affairs, you will be following a short sighted view fraught with danger and eventual civic decline. Sincerely, Ric and H. Meyer, Jr. RHM/as OFFICE OF TERRENCE J. BOYLE LANDSCAPE ARCHITECTS AND SITE PLANNING CONSULTANTS TERRENCE J. BOYLE RONALD W. SLAYTON Mr. Richard Ward Zoning Administrator City Offices South Burlington, Vermont Dear Dick: 86 ST. PAUL STREET, BURLINGTON, VERMONT 05401 658-3555 May 11, 1972 On behalf of my client, Mr. Henry Potter, we would like to meet with the planning commission on the 13th of June to present plans for the sub- division of the Yandow parcel in accordance with the present ordinance. Mr. Potter is desirous of proceeding on 20 conventional parcels this summer, the balance to be planned for construction in the future under the anticipated planned residential development provisions of the anticipated ordinance. TJB/mb CC. C. Diggle J. Farrell H. Potter K. Pinkam Sincerely yours, Terrence Boyle V IN COLLABORATION WITH RESEARCH PLANNING AND DESIGN ASSOCIATES, INC. COOK PLACE, AMHERST, MASSACHUSETTS 01003 LAW OFFICES OF EWING & SPOKES 86 ST PAUL STREET BURLINGTON, VERMONT 05401 JOHN T. EWING May 2, 1972 RICHARD A. SPOKES Richard R. Ward, Zoning Administrator City of South Burlington Williston Road South Burlington, Vermont 05401 Dear Dick: AREA CODE 802 863-2877 On March 28, Attorney Farrell wrote to you concern- ing the proposed Henry Potter condominium proposal in South Burlington, and you asked me for my opinion. Mr. Farrell's letter and theory concerning this development is well reasoned and ingenius, but also contrary to our previous interpretation concerning the requirements for Residence District B. We believe that it is possible that you could adopt this theory as Zoning Administrator. However, it is also our opinion that in the event that the matter was appealed to County Court, that the court would uphold our previous interpretation, that only one single or two-family dwelling is permitted per lot, particularly in view of the definition of "lot" in Section 1.10 of the Ordinance. Please let me know if there are further questions concerning this. Very truly yours, Z��;John T. Ewing JTE/p March 30, 1972 I-fr. James M. Farrell Attorney at Law 192 College Street Purlingt-on, VT 051+01 Dear Mr. 'Parrell: I aril in receipt W' your ',-'arch 2P, 1972 letter regarding the proposal oF' Henry Potter. This writer has requested that the City "Lttorney review your interpretations of the zoninIg ordinance' as defined by your 1,1y opinion has not changed since our last discussion, however, if you will allow Mr. Ewing ample time to review your findings, I am sure the matter can be clarified. Very truly, Richard Ward Zoning Administrator riw/j JOSEPH A. MCNAMARA HAROLD C. SYLVESTER JAM ES J. McNAMARA JOHN C. FITZPATRICK ALAN F. SYLVESTER JOHN P. MALEY JAMES M. FARRELL McNAMARA, FITZPATRICK AND SYLVESTER ATTORNEYS AT LAW 192 COLLEGE STREET BURLINGTON,VERMONT 05401 March 28, 1972 Mr. Richard Ward Zoning Administrator South Burlington, Vermont Re: Henry Potter Condominium Proposal Dear Mr. Ward: TELEPHONE 863-3494 AREA CODE 802 ADDRESS REPLY TO: P.O. BOX 657 We represent Henry Potter in connection with his proposed condominium project for the Yandow property situated on the southerly side of Spear Street. Being the officer having the responsibility for, and the general charge of, the administration of the South Burlington Zoning Ordinances, we would like to ask your opinion of our interpretation of certain sections of the ordinance which we feel would permit the Potter project to be approved under the Residence District (B) requirements of the present Zoning Ordinances. The basis of our interpretation is that the term "lot" as defined and used in the Ordinances does not mean a parcel of land which is occupied or capable of being occupied by one build- ing, and one one building. We arrive at this interpretation keeping in mina7—that'zoning ordinances are restrictive of personal property rights and, as such, should be interpreted against re- striction and in favor of property rights where such interpretation is reasonable. Section 3.10 (20) appears to define "lot" in terms of minimum area requirements only. The definition seems to us to mean that a lot must be large enough to accommodate at least "one building or use" plus accessories and "such open spaces as are required" plus frontage. In other words, if a parcel of land is not large enough to accommodate at least one building or use and provide the required open spaces, then such a parcel is not large enough to qualify as a lot. Mr. Richard Ward Page II March 28, 1972 If this interpretation is correct, or at,least an accept- able reading of the definition of lot, then a lot may include any number of buildings if the proposed number of buildings is not otherwise excluded by the use regulations for the particular dis- trict. As the frontage requirements apply only to the "lot", the number of buildings on each lot would have no bearing on frontage. Almost incidently, I note that "plot" is defined to be "the same as" lot. Section 3.10 (30). This seems to give the defini- tion of lot a somewhat wider scope, although to a rather uncertain extent. On reading the use regulations for Residence District (B), there is no expressed limitation on the number of buildings for a "lot". The only numerical limitation is for the number of "uses", which is defined by Section 3.10 (38) as the uurrpointen�se for which land or a building is designed, arranged or ded, or for which it is or may be occupied or maintained." The limitation is that "no land" shall be used for other than one of the fourteen listed uses or purposes. Section 6.10 (1) and (2) do not limit the uses described to one single family dwelling or to one two family dwelling. The only limitation is that if the use is for family dwelling, the use must be either single family or two family dwellings. By contrast, the use regulations for Residence District (A), Section 5.10, expressly limits the use to "a dwelling occupied by one family . . ." Also by contrast, the use regulations for Planned Districts, Section 11.21, expressly limits the use to "a dwelling occupied by one family . . ." This contrasting language seems to demonstrate that when the ordinance limits the number of structures, as opposed to the number of uses, it does so by express language. The remaining area requirements of Residence District (B) are more than generously complied with by the Potter proposal. For example, the Yandow lot, or plot, provides much more than the required lot area per family required by Section 6.20. Also, Section 6.21 seems clearly consistent with our inter- pretation of the term "lot". That section requires only a 100 feet of frontage per lot, not 100 feet per family or per family dwelling. Mr. Richard Ward Page III March 28, 1972 Of additional aid in applying the existing Residence Dis- trict (B), Ordinances to the Potter Condominium concept, is the definition of lot in the South Burlington Subdivision Regulations of September 23, 1963. Section 102 of those regulations defines "lot" as "A tract or parcel of land intended for transfer of owner- ship, use or improvement." Mr. Potter intends to transfer owner- ship of the Yandow tract to an association pursuant to the Con- dominium Ownership Act, Title 27 VSA Sections 1301-1329. A transfer of ownership under that Act to an association results in the entire tract being held under one ownership i.e. the association. The Condominium Ownership Act states in Section 1302 (6) as follows: " 'Common areas and facilities', unless otherwise provided in the declaration or lawful amendments thereto, includes but is not limited to: (A) Land on which the building is located; (B) Foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the building; (C) Basements, yards, gardens, parking areas and storage spaces; The definition of lot contained in the subdivision regulations clearly has no reference to the number of buildings, or other struc- tures, on a given tract or parcel of land. In conclusion, since the Potter project is pursuant to the Condominium Ownership Act, and the association under the Act is the sole owner of the "parcel of land" (Zoning Ordinances Section 3.10 (20)), the Yandow parcel is only one lot under the Potter pro- posal. The proposal, therefore, should be acceptable under the Residence District (B) ordinances. Mr. Richard Ward Page IV March 28, 1972 If you and/or the City Attorney would give us your opinion on this matter, we would greatly appreciate it. Vet truly your t James M. Farrell a JMF:dp cc: John T. Ewing, Esq. Mr. Terrence J. Boyle LAW OFFICES OF EWING & SPOKES 86 ST PAUL STREET BURLINGTON, VERMONT 05401 JOHN T. EWING March 14, 1972 AREA CODE 802 RICHARD A. SPOKES 863-2877 Richard R. Ward, Zoning Administrator City of South Burlington Williston Road South Burlington, Vermont 05401 Re: Henry Potter Proposal -Adult Cluster Community Dear Dick: On January 26 I wrote to you concerning the above, giving my opinion that, under South Burlington's present Zoning Ordinance, a zone change to Planned District would be the most appropriate procedure. However, the developer through the office of Terrence Boyle now suggests that the proposal might be considered under the cluster zoning pro- visions of the present Zoning Ordinance, Section 12.95. I have read that section carefully, attempting to arrive at an interpretation that would include the condom- inium proposal, but I am unable to do so. The proposal shows lots which are less than the standards given in sub- paragraph 3 of Section 12.95, and therefore the proposal cannot meet the requirements of cluster subdivision zoning. Therefore, it appears to me that the developer has three alternatives: 1. Seek a zone change to Planned District. 2. Seek a variance (probably inappropriate per my letter of January 26). 3. Await the adoption of the new Zoning Ordinance. Very truly yours, John T. Ewing JTE/p cc: Mr. Terrence J. Boyle OFFICE OF TERRENCE J. BOYLE LANDSCAPE ARCHITECTS AND SITE PLANNING CONSULTANTS 86 ST. PAUL STREET, BURLINGTON, VERMONT 05401 658-3555 TERRENCE J. BOYLE RONALD W SLAYTON March 7, 1972 Mr. Richard Ward Zoning Administrator City Offices South Burlington, Vermont Dear Dick: In behalf of my client, Mr. Henry Potter, I would like to request a meeting with the Planning Commission on March 14th to present the Adult Cluster Community in accordance with section 12.95 of cluster subdivision zoning (page 36) of the present ordinance. We believe the condominium concept constitutes unique platting and building placements and that our proposed development meets the intention of 12.95. If the proposed development meets the require- ments of the planning commission, we will prepare the engineering requirements outlined in the pre- liminary subdivision regulations. These will be available at the tentative date of April llth you gave to me for the warned hearing under 12.95. Your earliest response to the applicability of our proposal to 12.95 is requested. Sincerely yours, Terrn J. oyle TJB/mb C. c. Attorney John Ewing R : Yf6 WR h i9P 'ViM1140A#6 "3 4FFIC, IN COLLABORATION WITH RESEARCH PLANNING AND DESIGN ASSOCIATES, INC. COOK PLACE, AMHERST, MASSACHUSETTS 01003 4 February P, 1972 Asr. Terrence J. Houle 86 St. Paul Street Burlington, VT 05401 .Dear Mr. poyle a Be advised that the South Purling*ton City Council has denied the request of Mr. Henry Potter, .for a zone change of the former Y andow property. ,&s you are aware, the City is presently involved in revising and updating the zoning and sub -division regulations and the Council does not feel that any zone changes should be considered until this work is completed which hopefully, will be June 1, 1972. RWlj Very truly, T31chard. 1,1a.rd Zoning Administrator January 319 1972 Mr, Terrance Boyle 86 st. Paul .street Furlington, VT 05"401 Dear Mr. Boyle: In regard to your letter of January 14, 1972, requesting; a zoning variance of all dimensional requiremen`s .from the present ordinance, I have discussed this matter with the City Attorney, Mr. Joan Ewing, questioning if this can be done and if so which is the best procedure. (See the attached letter). As per our conversation of this date, if your client is interested in amending the present zone of the land in question please submit a letter of request, with a deed description of the tract of land involved. Amendment procedures state a first reading by the City Council anO they pass it on to the Planning Commission. The earliest date for first reading would be Monday, February 7, 1972 or the following regular meeting February 21, 1972, If you have any questions, please contact me. Very truly, Richard Ward Boning Administrator RW/ j LAW OFFICES OF EWING & SPOKES 86 ST PAUL STREET BURLINGTON, VERMONT 05401 JOHN T. EWING RICHARD A. SPOKES Richard R. Ward, South Burlington Williston Road South Burlington, Dear Dick: January 26, 1972 Zoning Administrator City Offices Vermont 05401 AREA CODE 802 863-2877 You wrote me on January 14 concerning the proposal for the Yandow property. You indicated that the proposed plan would not meet the minimum lot areas, frontages and setbacks in the District, under the present zoning ordinance, and you asked me to express my opinion on the proper procedure in such cases. I believe that a blanket variance, although techni- cally possible, would not be appropriate in this case, since the property can obviously be used in a manner which would be in compliance with the present zoning regulations. A granting of the variance could be effectively challenged in the Courts. It would seem to me that the developer might seek a zone change, placing the property in the planned district, after which Planning Commission approval could be sought for the proposed subdivision. Verb truly yours, !i John T. Ewing JTE/p January 14, 1972 Attorney John T. swing 86 St, Paul Street Burlington, VT O%+01 Dear John: At a recent meeting of the South Burlington Planning Commission, the Commission reviewed a proposal for the Yandow property to the rear of Laurel Hill South. The proposed plan indicated that the minimum lot areas, lot frontages and setbacks would not meet the requirements. In fact the developer designed the plan in that matter (cluster design with courts and minimum yards). This project is for senior citizens and would be condominiums. As the project is presently being submitted, it would appear that the entire plan would require a variance, as lot areas, lot frontages and set -backs are all under the required minimum. My question is: under the provisions of the City Subdivision Regulations and Zoning Ordinance does the applicant apply for approval of the plan to the Planning Commission First and then attempt to have the requirements waived by the Zoning Board of .Adjustment, or vice versa? Please give me your written opinion on whether or not a variance can be granted in view of the fact that it is possible for all requirements to be met. Very truly, L ichard Ward Zoning Administrator RW/j OFFICE OF TERRENCE J. BOYLE TERRENCE J. BOYLE RONALD W. SLAYTON LANDSCAPE ARCHITECTS AND SITE PLANNING CONSULTANTS 86 ST. PAUL STREET, BURLINGTON, VERMONT 05401 658-3555 Mr. Richard Ward Zoning Administrator City Offices Williston Road S . Burlington, Vermont Dear Dick; January 14, 1972 Re: Yandow parcel In behalf of my client, Mr. Henry Potter, I would like to request a hearing before the Zoning Board of Adjustment for a variance to the dimensional requirements in Residential Zone B on the Yandow property lying westerly of Spear Street and abutting the property of Urban A. and Charlotte R. Wheelock on the North and Mrs. John Nolan on the South. This parcel is 50.44 acres and is designed as a planned residential development in accordance with title 24, chapter 91, section 4407 (3) planned residential devel- opment (pg. 26). In accordance with this statute we would prefer to obtain preliminary subdivision approval and zoning board of approval simultaneously since the planned residential development provision of your draft zoning ordinance is not yet in effect. The earliest convenient date for a joint meeting or separate meetings, as you prefer, would be appreciated. Sincerely yours, tt�� 'k ti ' Terrence J. Boyle TJB/mb CC. Henry Potter John Ewing IN COLLABORATION WITH RESEARCH PLANNING AND DESIGN ASSOCIATES, INC. COOK PLACE, AMHERST, MASSACHUSETTS 01003 Board of Chosen Freeholders GEORGE F. MAKIN Freeholder COUNTY OF OCEAN - anuary 10, 1972 To Whom It May Concern: J Court House Square Toms River, New Jersey 08753 (201) 244.2121 As Director of the Ocean County Board of Chosen Freeholders, I would like to state that the senior citizen's developments have had a very beneficial effect on our county. These citizens have brought a wealth of exper- ience into are area, contributing greatly to community affairs. In New Jersey the cost of public education is the nemesis of our real estate taxes. Senior Citizens bring with them ratables without putting a burden on the real estate taxes because they do not use the school systems. We find the seniors in our county are a great asset economically and do not become burdens to county government. Sincerely, George F. Makin, Director Ocean County. Board of Chosen Freeholders •?' :.. rim._ .'.. _saw 9.',�'�° z: 1. 4 Conditions of occupancy of the stockholder member shall be limited to the following: a. A member and his spouse one of which shall be of the age 52 years of age or older. tOne child of their own whose age shall not be less than 18 years. b. A single male or female of the age of 52 years or older. c. A widow or widower of the age of 52 years or older. One child of his or hers, whose age shall not be less than eighteen years. d. In no case shall an apartment be shared with anyone ex- cept his or her spouse dr child. e. In the event it,may be necessary that a child under the age of 18 years or other adult be in attendance of a stockholder member, this may be permitted by the Board of Directors, after investigation, and only for a specified time period. f. In the event of death oT a member, the surviving spouse may still retain the right Of occupancy. If under the age of 52 years, the said suvivor remarries, ,the new spouse must qualify for minimum age limit and be approved by the Board of Directors. OW51M ''-%r: Win• 'r']p'•.;1+n'i:.-?i:�5r`i '+.i:r ,?!,'':'.-4:C _ - :;•�:..,�. '}'.`.c!'c-r•-.."- -- ern.: y c�il�'`.,>-:''"''•,� "r•Xit:.rAi+?..,.- , 4 ,. ..' .1i i'"P. .- .., w.. e' .M1q,. x.ufv.0 :•. , "�5 . ii..�.s: •y»,At•' ,fir Senior Cifiz'ens Thron 9mg .To Manchester, To,'-wnship (9brrOR'$ 'NM; Tllia' Is .Cedar Glen City became While d4,qtside maintenance, Crestwood offers the first story in s ` f}ve�pitrt self governing four years ago. garbage csoAeom, ow re- dwelling , units, duP des, ,ekatad�6 1 In this type of cooperative, mova , grabs ''cuttin� cable Towand ttd ats a tpecCa t~ persons who buy a unit get a TV, p1gal tt$tea, ate incur- -r' (Eon eigtht .•, share of stock in tiie;corpora• ` anc�e are eluded with the omits. in CWar �len.I.akes, . tion made up only' of rest- monthly fee, the developer re- a g y� dents. tams ownership of the sewer duPlexai� 8� The residents elect ditecc#ors plant and water c"'panq. '' uttds who hire a manager atidem- r Instead of hiring employes Wes wer, ivbl* 1 and a r ployes to provide bl In te anee provide maintenance, the duplexes were offeW at Co- JW,See SEIY$ Face 5 cooperative negotiates a dar Glen West Ffm Page 'X maintenance fee wit;t the Sun- fth developer; have 0401- a throughout, the develoof pment, Pine which Be KContCo; ing ' but ' praise tat' the Way Ont they,* beeip Officials ,n treated by tQwn- 140014 ,Of" 'too and a The t�esidlthts, trust ppay a Indoor maintenance is not' eY '' monthly maithtenancx fee de- eluded in the fee, but all re-' �. cided by thb directors. The p� are' made free of charge g." beta , treated li). itl fee also inclu*-Oroperty tax- for the first '• :Kokes said. I year of occupan- came here in iM and I have ' s ' and esThe amount of maintenance cy' great atletdration for the to" offered varies, but, all devel- Along Route 70, just west of fathers " Route 537, and ksa than two ail .that w opment8s here Pie outside miles from Crestwood Village Sitting in the serves as the hub trtr ileicon,tee- matntettance, g !� is Cedar Glen bakes. Early tion ' operations at Cedar'Glen tutting, snow removal, gar- last year, the Even -Ray Co. Lakes, Mr. West echoed the baagge ieolaection,r and, rr moved its heavy. equipment tafatenaiace," fide atd tin and management .trailers into feeling. ,(Owura4clt, bus the area tied was bro- The Towns �ommtttee N hip . 'to tM I"° ken in June 11. has booth laic to Us. b, ecai pie a` a►ms," �l to work Batt fir munity renters. It will take about, five years lettb," he said. comp>rte a hi the rAse of Cedny to complete the development s batlhA '$ aiooizt' i fhe µ The company u►ill not turn the t. ' ' , " `ngs the, trN�GN�, Glee^. development over to the read- �Y'� _ ' ' Gii'' ea Inc.. aim oft n i " dents for at least a ear maintenance ', 1;r orates the water q: Ih 1and they "R `� f on oor � ... ' I=n p ,electrical oiler o g work, and has* firs, is time and provide„ ?4-ltour also f emergency repair service. L' After Cedar Glatt City was the cost Of anything > • well ,under , Mr- else, the ice of,. senior clti- ,. 4 Wed's en awyed zen d h sharp- '� .. r , Route Vn' a few y office all, ltlel PMIOti ,'•�c miles ,and Cedar Gies West opened at Cedar'G1en,Citq. In was born., This devel ,cart�ra .are: e�• �.. oPrnubt fact the price of rite mast in- { sutli f 04 . the �tltby . contains 826 units oa more �. yam. bhre Mate► t than 100 acres, nearly 1,50d, try fp � 7 b residents, and also is self- inbrE„ . �•* �s'lu "I- managed- �au�Wea't Jr., e tf �tb�. d Meanwhile, in theT Whititw of conatruetke at Cedar Glee ',' . section, developer Micha Lakes said prices range from g�h�, Thins, ►er, Kokes began cxvisttactIN af( ' aid O'ct, ,rSDo�a bd';tiye'•ide► another seniors ' developer �id„�0Q to �,000. when cedar of ,.6eniar,. ci irk Crestwood Village, along lb% City , opened, the I units _Route 5W rath ed from $8,900 to $8,61'0. • ' :such develtiprnoi" Crestwood is div'ltled inter At Cedar Glen West, the ;'That wars Cptir Glen two cooperatives. five ";# range was $9,300 to i12,s00. City. i is complete of cwzr. Jh Crestwood Village, the :'This level 020 units. _ooperaWcA is AtM. P a �r a is wider. - The eta.., ,�g gtnaliest ham, a3in�tbbetigib, tinder ca rudi Tlrere.,*e c#tea E e Ciettcy US .sells etidtee� :ae knt'.a14 Ffbttte 370 runts p ao off. for t ,50 and carries h it $1: • It contains 5% ithite and Pied, and another 380'am un- a' zpe�hl mai(�athce about. LO resiidents ' �Ct 91 der construction, Item are charge of $X. 71W ;ex. acres. about 2,000 residents IoVrest- )*Wive model Sells fa 131' x, , wood Village. Vft a ttuhatthly charge of 286. i�&W , e�ctelorpai�:tieg �. Mr.West'said bricktnhtum are uaed' exten- Ayesale of the units is no problem, the, deaelopera agree. Mr. Kokes astltlolates there ape abw„ resales a year. Ile aargt units are sold out, 11,. ifi t@ts Ilse they are readyo¢cttpirc�► hdr. Kokesforis paat'tecularly proud of beige elected to the board of trusties t . Cooperative '1 )n wand ,Village. Tbit as overseers, and Mr. be- J*ves this leads to gmW se- * and mom �less are handled Qmx1gh sa cooperve. Under construction at Crest- wood is an admfnistradpn building with two, wings, one for professional' offided, and another for dental an4Xtedf- eal facilities. At present, two semi -retired physician3' are 'based in a trailer 6o #Aool House road at Crestwood - Until early this year, in - cheater tesidents had hell von the Lakefaurst First AM Squad to handle, eibergencies, but with the papule p��hrrease, especially so tu= the need for ser0lee became too great. The Mpcheatw* First Aid ;,.$quad, aigaMzed Ust winter, was givegi a substarttial bo6st •:.when ei ,an aria "lance is It Arelt close ' and ,t the, t "' r1t-Pkte near Alar1 9:. Each e r ,a L "d ,0 _-are art") ;;'tisa of the red In then '1'trere•• or* elut> 1W +snarly ,. activities:.. ,bridge,. s-401e. board,' (fieslr;. and hortieshoe �gl��llrt'ea ���ee d rile the mant reaoation buildings ties and drees round. (Next: senior) >rhialc about living bete:) WEATHER;"ftETY Ci" D Seniors Find Tier Little to Disfi6i' (Second of a Series) DTANCHESTER' TOWNSHIP — Whether they have been here one year or seven, resi- dents of the senior citizen de- velopments disagree about only one thing: what they like most about living here. Many moved from the North Jersey -New York met- ropolitan area. They like the clean air, the unhurried living pace, being able to walk the streets at night in safety, and the low cost of maintaining a home. Why didn't they go to Flori- da, the mecca for retirees for many. years? "We want to be near our Children," several couples re- plied. "I like the change of sea- sons, and I like New Jersey," a former resident of Cranford said. Despite overwhelming praise for retirement living here, there are some prob- lems and there are some ad- justments. Mr. and Mrs. Thomas Leak- ey moved to Cedar Glen West from Hawthorne five years ago. He is a retired cost ana- lyst supervisor, and she was an administrative clerk In the Paterson Publk Llbrary. "You do feel segregated," Miss. 1,eakey said, "and one of the shocks when you first come here is death." That shock, she said, is something you have to get used to when you have a pop- ulation made up of older peo- ple. She believes transportation Is the big problem, especially when a person gets sick. She said most people at first keep the doctor they had where they came from but gradually change to local physicians' Among the things she miss- es are the cultural advantages she enjoyed in North Jersey. big department stores, and walking to nearby stores. But for Mr. and Mrs. Leak- ey, the plus side of living here far outweighs the disadvan- tages. Taxes, for instance. "They are nothing to what we paid before moving here," Mr. Leakey said. The taxes are included in the $42 monthly maintenance service fee. The Leakeys fig- ure another $25 pays for what isn't covered In the monthly fee such as gas, electricity, and telephone. So for between 965 and $70 per month, all utilities, outside maintenance, taxes, insurance, and even bus service to shopping cen- ters are taken care of. The Leakeys lament that they don't get the $160 senior citizen property tax deduction. They don't qualify and neither do others living in the cooper- atives because each corpora- tion pays one property tax bill for the entire retirement com- munity. Cedar Glen West Inc. is run .by a board of directors. "A good manager is the most important thing you can get." Mrs. Leakey said. She said most senior citi- 7ens recognize their obligation to the outside community to support schools. Although the township over- whelmingly supported a $581,000, seven -room addition to the Whiting School in May 1970 by a = to 50 vote, senior citizens turned out by the hundreds to join other voters last February to sink a pro- posed $1,150,922 school budget, 1,210 to 129. Senior citizens are well re- ceived here, Mr. and Mrs. Lesikey believe, with one re- servation. "They don't like to wait on us in the stores," Mrs. Leak- ey said. She recalled that Mayor Jo- seph S. Portash greeted them personally and "made us feel welcome." Mrs. Mildred Flicek moved to Cedar Glen City from Cran- ford with her husband in April 19CA. Mr. Flicek died two years ago but Mrs. Flicek has ro intention of moving despite pleas from her children to move closer to them. She likes being able to do as she pleases and said life here is "an ideal situation." She thinks the senior citizens are well received, and the town- ship has been very good to them. Mrs. Flicek has many friends who have moved to the area and finds life "very comfortable." She keeps her- self busy with her oil painting when she wants to. Mr. and Mrs. Allen Yehl looked at various develop- ments, liked Crestwood Vil- lage best, and moved here from Trenton five years ago. The wide variety of activi- ties appe4ls-, -the Yehls. Mrs. Yehlfirst they tried to be :anvolved with ev- erything 'fj��;.,went on but ('ouldn't because there was just too much to do. Mr. and Mrs. Yeh} pay_a monthly maintenance fee that takes care of all outside main- tenance, taxes, water insur- ance, garbage colleWon and snow removal, "but if you want to cut your own grass like many of them do, you can," Mr. Yehl said. He has no complaint with the development but would like to see more physicians move into the area. He sug- gests the township build a medical building and subsi- dize a doctor until he can build up a practice. The Yehls have never heard of anyone leaving the develop- ment because they didn't like it. "About the only time people leave is when the husband or wife dies and the survivor may move in with children," Mrs. Yehl said - In addition to many recrea- tional activities, there also are opportunities for part-time employment, Mr. Yehl point- ed out. One of those taking advan- tage of the part-time employ- ment is Theodore Boyer who came to Crestwood from the Plainfield area last year after retiring as a chemical opera- tor. Mr. Boyer, who works part- time in the sales offlce ' at Crestwood, is another satis- fied resident. Like Mrs. Fli- cek, he likes to live where the seasons change, He likes all aspects of sen- ior development living but would like to see a large gro- cery shopping center In the area despite the fact that bus- es run morning and afternoon to shopping areas in Jackson Township, Toms River, and Brick Township. There is a small shopping center at Crestwood Village with a food store, barber shop, beauty salon, dry clean- er, and a bank branch. He said the development of- fers one of the lowest tax structures to be found any- where, He said about half the monthly maintenance fee goes for property taxes. ­r0, Russ Canfield was an auto 56 ASBURY PARK EVENING PRESS, Wed., Dec. a, � 1971 sale,,sman for 40 years until he moved from East Orange to Cedar Glen City in 1965. "We wanted to be near our children but we wanted to get away from the helter and skelter of North Jersey," Mr. Canfield said. "I like people, I like the pines, and it's free from smog here." He said the lack of more transportation bothers a lot of the seniors here. Mr. Canfield, who is active in local and county senior af- fairs and writes a column of seniors news for local newspa- pers, has high praise for township officials. He says t! ey have taken advantage of the talents of the seniors who have moved here. He said his maintenance fee is only $411 a year and cited the tax rate of $3.11 as being partly responsible for the low fee. He said the outlook is for a lower tax rate rather than an increase. He credits Mayor Portash with good municipal manage- ment and with bringing sen- iors into the local govern- ment. Tomorrow: The effect of the seniors on the township. MANCHESTER'S DELIGHTED Senior CitizensPilgrimage Eases Taxation Problems (Third of a Series) MANCHESTER TOWNSHIP — Ten years ago this town, ship had the highest property tax rate in Ocean County, $29.16 .before 100 per cent as- sessments. Businessmen and developers were not clamor- ing to get into the township. The past was bleak, the fu- ture uncertain. It was also before the senior citizen pilgrimage. Since then times have changed. The township is leading the way in senior citi- zen developments in Ocean County, its municipal services have been upgraded and streamlined, and its tax rate has been stabilized. The tax rate in the last 12 years shows the effect of sen- ior citizen developments. This year, for the third straight year but only the fifth in the last 12 years, the tax rate is below the county average. In six years, the tax rate has fluctuated only 19 cents and is a penny less than the $3.12 it was in 1966. It was the sixth highest in the county that year, dropped to 12th the following year, then to 15th in 1968, 19W the year after that, 20th last year, and 17th this year. Ten years ago there were less than 4,000 residents here. The population is about 9,000 now, and 5,000 of them are senior citizens who never heard of Manchester Town- ship 10 years ago. What they , bring to the township and what they re- quire in services brings a smile to the face of Mayor Jo- seph S. Portash. They have brought in huge ratables in the form of the senior citizen developments and require practically no services. The total assessed valuation here is $42.5 million. Of this, 45 per cent or $19 million, rep- resents the three major senior developments. In addition, Mayor Portash says, Leisure Village will be a $too million project when it is completed in about 10 years. He foresees a lower tax rate, and says the rate would ex- ceed $5 now without the sen- ior developments. Mayor Nortash says the best kind of growth for any township is growth that has no associated problems. "That is what we have in Manchester with the senior developments," he said. "Services required by these people are nil," the mayor said. "All we have to provide is fire protection, ambulance service and police protec- tion," and you know how much crime we have among the senior citizens here — none." In addition, not one senior citizen is on the welfare roll. There has been only a slight Increase in the number of township employes because of the growth, Mayor Portash said. He pointed out the town- ship got its first aid squad in March and has ambulances available in the Whiting and Pine Lake Park areas. He recognizes the transpor- tation problem among some residents but feels that prob- lem will not be alleviated un- til money can be made with a bus route. "You can't expect someone to come in here and set up a bus route without customers to make it pay," he said. The lack of physicians will be remedied, Mayor Portash says, when construction be- gins at Leisure Village West near the municipal building. Planned as part of the condo- minium is a medical -profes- sional complex to house doc- tors. The 5,000 senior citizens liv- ing here require no schools, no municipal garbage collect tion, snow plowing, road re- pairs, street lights, or munW pal water or sewerage, serv- ices that ordinarily take prac- tically all of the local tax dol- lar. In addition to a wealth of ratables provided by the sen- ior developments, the town- ship has tapped the talents of seniors who have ,moved here fn nitirv, Three of the five members of. the Township Committee are senior citizens. There are three seniors on the Board of Education, three on the Plan- ning Board, four on the Board of Adjustment, and 3 of n employes in Town Hall come from among the retired, A major area of concern in areas with a heavy inthm of senior oltlzens -b the stress put on hospital facilities. As the seniors continue to arrive, the need for more hospital beds is greater than the re- quirement for a general pope . lation rise.. The two hospitals serving this township, Paul Kimball Hospital in Lakewood and Community Memorial Hos* tal in Toms River, have un dergone major building pro grams to help meet the need " of a fast-grolg population. Paul Kimball Administrator Joseph Segalla says facilities are adequate for now, but he can't predict for how long. He said the hospital is looking to- ward new emergency and out- . patient fad'1 iU.-----"�" He said the hope is that a greatly expanded outpatient division will avoid the necessi- ty of hospital admissions for patients who otherwise would be admitted. The intensive care facilities have been expanded. Patients move from intensive care to progressive care and then to the general medical care units. Stepped up intensive care helps shorten the stay of some patients, Mr. Segalla said. Also discussed for the fu- ture are extended care facili; ties. These are for patients who need less medical attenr tion than regular patients. Mr. Segalla said senior citi- zens have been "extremely generous" in their support of the hospital. The Leisure Vil- lage senior development raised More than $860,000 in the fund drive two years ago for an intensive care unit. Joseph DeFillipo, Communi- ty Metnorlal Hospital adrnitt istrator, said y that pre` seat f4cWties were adequate and new iadlities will have to be bui# when the need arises, Mayor Portash sees the need for more hospital faclll- ' ties as an impetus toward bug= , ger and better hospitals is the area. He said present gals .ate U uai�baxe ado to ,the. IIit,ey 01. ewe they ,offer withot3 ttueneed ir Frank * Sutton roan► of the board i of the First Natioi Toms River, s44 cub" baves tl�aQul Blink of ,, senior a lot of new 1we aura. atimu- Ito tbA qX Ocean rwmty," w _ said, adding the sRdefttiegaal money get in, local banks goes out in form ct loaner to personas of all ages. He said ocean County "has been exceonally fortunate" to- have senbt citieren de- velopments comb into the county. "If the economy evtr gets in bad shape, UWO people will be the only odes Witt) money," he added. Despite the Influx of $,000 senior citizens, new business- es have not cnoeme into the d the 1� simber 1a0ZU" be ma - of ow by > ' W4 hlUtlM bSc using the trite bus loxPent�bd by each400- bled r�ve > 0 got to hm exntRrs in nearby 1 Mayor Poroctash said a large t ofo center to l�elwre Y� ''(seat comple 0 the aide of Route $ oppaiite lire mutrtci- pa1Thho ow is bulllaa ntMfarew area war Crestarood V1lage to tt►e area of theb0d4 and oft* rrrndicipal shopft o0bor. P (NEZT: Wbat GdW red - Onto think of saesiers. ) TNVO'I}VED TN MMMItNIT Y ctlalr- *' Seniors ,Known cis Good!'' (Fourth of a Series) MANCHESTER TOWNSHIP --Although they live in one of the few, municipalities where senior citizens are in the majority, Younger resi- dents here pretty mo* agree the influx 'of tiro older resi- dents has been good for the township. These views come from long-time residents, p0euts, a former Board of Education member, and Mayor Joseph S. Portash, who has built a powerful pots" base among the senior citizens. Even the director of the state Division on , J. W. Hoffman, whose tfepartment investigates many complaints from seniors, says he hasn't received any from Manches- ter Township. Of a population of 9,Q00; only 4,000 Manchester resi- dents do not live in senior✓ de- velopments. Most senior citi- zens are registered voteree'e There are 1,022 childro* en- rolled in elementary and"'sec- ondary schools, an m*ter- rntined number of prepehool children and senior ditizens not living in developments. Joseph Takiscs, Ridgeway Rd., a resident here 53 years, credits the influx of moor cit- izens with "lifting the town- ship out of the htire." Mr. Takaes served`on the Township Committee in the 1930s, served a term as Dem- ocratic County Committee chairman, and 12 years ago was •a member and chairman of the Ocean County Board of Elections. He has not always applaud- ed,ha ale- of.TIQ —_ county govelErrafeeniA but he is high in his prilse of the sen-. iors moving into the develop - meats here. He Said they have been "ewtnitaly a posi- tive force" e1ly. "These pile : ,4a still said. "They hti'm 460wawwerest in the community and baven't used their, vote to the detri- ment of tire, tenon- Thep supA Port good issuda if presented reasonably." Mr. Ta css praised the tidi- ness of the senior communi- ties. He said the senior dti- zens by plhnting grass and flowers have set an example of what can be done in the township, Mr. Hoffman said the Divi- sion on Aging doesn't encour- age or discourage seniors from moving into seniors only developments. He said some aerdors want to be with their peer group while others want to remain in the mainstream. The' division is happy when senior dtizen housing is made 'available, he said, and is Mostly concerned with giving advice on what to look for. He eaid seniors must be wary of maintenance fees and how they can jump. He said the type of retire- ment community here doesn't have an appeal to those who can afford it." Mr. Hoffman said the divi- sion pushed through the Re- tirement Community Full Dis- closure Act a year and a half ago in an effort to prevent an- other Fawn Lakes fiasco. Fawn Lakes was to be a re- tirement community in Staf• ford Township that went bankrupt after a few units were sold and occupied. He said it is important for local government to maintain a firm control over senior de- velopments and enforce "I ordinances. W. Hoff an contaneade #m uses 4f seor citizens in local government. He says moV retims can contribute mae4, to municipal government be- cause of their experlenct,in business, industry, and educa. tion. Russell sheets, Pine Lake Park, a member of the Board of Education sit years until last February, says the senior citizens "have helped our town immensely," and he wouldn't hesitate to advise any parents with school -age children to move into the township. He lamented the fact the seniors control passage of the annual school budget and says he believes "someone got to them" before the budget was defeated last February. "They came on to the Board with the Ideet they could cut the budget and then found out we were running ss close as we could," Mr. Sheets said. "They have turned wit to be exceptional Board members,:" he acknowledged. hbo,j ,s Mrs, Russell Decker, 15 Harrison Pl., who liar two sons in the Ridgeway Elemen- tary School and has lived here 12 years, said: "fits all for them myself. If you give them Rood reasonks, they will vote for education." Mrs. Decker, who is presi- dent of the local is, Association, said the seniors do bring some prob- lems to the township but lire interested in the, community' and are very generous in,sup- porting community affairs. Mrs. Margaret" Hilliard, Rte. 539, a secretary at the Whiting Elementary- School since 1967, says she has seen no in effects from the senior citizen developments and says the school system is a good one. Mrs. Hilliard believes most senior citizens want children here to have a good educa- tion, and they work for the good of the township., But Mrs. Irvin Hull, Housen St., wife of a marina gunnery sergeant stationed at 'the lAkehurst Naval Air Station, Ibinks there are too many senior citizens here aqd thinks they are defilmental to the school system. But she feels they otherwise have been good for the town and helped stabilize the tsgi rate. , She noted :#bey voted down the school budget in Febru• ary. "I guess I can't, blame them," they want to be left alone," she added. (NEXT: T: A-fewast for"the fa. TAX RATE SEEN FALLING Developments for Seniors Bring Manchester Stability (Last of a Series) MANCHESTER TOWNSHIP — Municipal officials here de- cided nine years ago to stake the future of the township on senior citizen developments, a move that has evoked little but praise from residents and stabilized a property tax rate that was anything but stable a decade ago. Mayor Joseph S. Portash, a prime mover during the years when the senior citizen devel- opments began to blossom here, belives the future is bright with more of the same but only with the right kind of developer. Respite predictions 10 years ago the township was heading for worse trouble by letting in senior citizen developments, the results have been quite the opposite. The senior citi- zens who have moved here are happy, the residents who were here are happy, and township officials are totally satisfied with what happened. Mayor Portash believes the present situation cannot only be maintained with more sen- ior citizen developments but can be made better. Low, property taxes augmented by strong local controls make residents happy, Mayor Por- tash believes, and he sees the tax rate dropping instead of increasing. "I believe we have the best three developers you can find," he said, citing Paul B. West Jr. of the Cedar Glen projects, Michael Kokes 'of Crestwood Village, and Rob- ert Schmertz, who will begin development of Leisure Vil- lage West soon. Ten years ago the township Committee met in an old building in Whiting. There were scattered housing devel- opments that brought in school children, and residents complained about inadequate roads and faulty home con- struction. Committee meetings fre- quently broke out in bitter po- litical battles, and at one point the small underequipped police force threatened mass resignation. The tax rate was the highest in Ocean County. Now the expanded five -man Committee meets in a modern spacious municipal building on Route 37. Meetings are conducted in a business -like manner, and the few com- plaints are generally minor. The police force has been en- larged, is better equipped, and housed in larger quarters, As far as Mayor Portash is concerned, and 'residents in- terviewed agree, the senior citizen developments have made the improvements pos- sible. When the new Leisure Vil- lage West planned across the street from the municipal building is built, it will con- tain a shopping center with professional offices for physi- cians and dentists, another township need that will be ful- filled by a senior citizen de- velopment. Mayor Portash doesn't fore- see deterioration of the senior developments as the years go by. He believes the directors and trustees of the various co- operatives will make sure their communities are main- tained properly. The mayor believes that with the continuing growth of senior citizen developments throughout the state, Min- chester Township is leadings- the way and he expects to, - keep it that way. The township has put all'its r eggs in the senior citizen de- velopment basket and al- though officials in other mu-• nicipalities once cast a wary eye toward activity in Man- chester, that wariness is be- ing replaced by a degree of envy. :,�, "a: V ", , I City of South Burlington SOUTH BURLINGTON. VERMONT 05401 TEL. 863-2891 February 15, 1973 Burlington Free Press Association Burlington, Vermont 05401 Gentlemen: Please insert in the Classified Legals column in your issue of Saturday, February 17, 1973 the following legal notice: LEGAL NOTICE CITY OF SOUTH BURLINGTON Pursuant to the provisions of 24 V.S.A., Section 4443, the South Burlington City Council will hold a public hearing at the City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont, on Monday, March 5, 1973 at 7:30 P.M. to consider the application for a zoning permit from Henry Potter, of South Burlington Vermont for con- struction of 92 condominium units on a parcel of land located westerly of Spear Street, abutting -property of Wheelock and Nowland. Also the application of Donald Brisson and Archie Myers of South Burlington, Vermont for conversion of an existing building into a dual use, automobile and marina dealership, on a parcel of land located at the intersection of Shelburne Road and Allen Road. Also the application of Robert Cutler of Gastown, Inc., Springfield, Mass. for construction of a gasoline station on a parcel of land located at the intersection of Williston Road and Patchen Road. Also the application of Attorney Richard Thomas of Burlington, Vermont, an agent for King Burger for reconstruction of the present Lure property into another restaurant, on a parcel of land located at 1200 Williston Road. Plans for the above applications are on file in the office of the Zoning Administrative Officer. Richard Ward 2/17/73 Zoning Administrative Officer r City of South Burlington, Vt. Please send bill and two tear sheets to this office. R.W. OFFICE OF TERRENCE J. BOYLE LANDSCAPE ARCHITECTS AND SITE PLANNING CONSULTANTS 86 ST. PAUL STREET, BURLINGTON, VERMONT 05401 658-3555 TERRENCE J. BOYLE RONALD W SLAYTON Mr. Richard Ward Zoning Administrator South Burlington, Vermont Dear Dick: February 1, 1972 Re: Potter Parcel We would like to request a hearing in behalf of our client, Mr. Henry Potter, for a zone change of the Yandow Parcel. The present zone is Residential B and we request this be changed to Planned District to accomodate the Planned Residential concepts outlined in the State Planning and De- velopment Act, Title 24, Chapter 91, section 4407 (3). No change of use or density is involved in the zone change. The parcel involved is 50.44 acres described as follows: Starting at the N.W. corner and proceeding westerly along the South boundry of Wheelock for approximately 1450 feet, then proceeding southerly approximately 400 feet to the inter- section of the South side of Oak Hill Drive and extending easterly approximately 1241 along the North property of Moser, then southerly for approximately 200 feet to the S.E. corner of Moser; then proceeding westerly for approximately 600 feet to a corner at the back of lots intersecting Laural Hill Drive and Oak Hill Drive and then southerly approximately 943 feet from this corner along back of lots facing Laural Hill Drive to the S.E. corner of Yandow parcel and abutting Nowland to the South. From this corner extending easterly for 14491 _ along Nowland to the South to the South east corner of the Yandow parcel; then proceeding northerly along back of lots fronting on Spear Street approximately 885 feet to an owned R.O.W. 60°wide that proceeds easterly to Spear Street. From the North side of said right of way proceed northerly along the rear of Spear Street properties approximately 615 feet to the point of beginning at the North East corner of the Yandow parcel. IN COLLABORATION WITH RESEARCH PLANNING AND DESIGN ASSOCIATES, INC. COOK PLACE, AMHERST, MASSACHUSETTS 01003 Mr. Richard Ward February 1, 1972 Re: Potter Parcel Page 2 We understand it will be possible to have the first hearing on February 7th and that it can be referred to the Planning Commission for review at their earliest convenience. Sincerely yours, TJB/mb Enclosure: locality map CC. Mr. Henry Potter Mr. Charles Diggle LOCALITY MAP,. Y;M, �: � � .:Sr' u*ri.' � ' �c'C •!�, � � . � � ';�`��,' ,,, 1. �, IDS � 3. 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