HomeMy WebLinkAboutAgenda - City Council - 08/17/2010 05,0*44
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AGENDA
SOUTH BURLINGTON CITY COUNCIL
Police Station Public Meeting tin. Room
19 Gregory Drive
SOUTH BURLINGTON, VERMONT
REGULAR MEETING 7:00 P.M. Tuesday, Aug. 17, 2010
1) Comments and Questions from the public (not related to the Agenda).
2) Announcements and City Manager's Report.
* 3) Approve procedure for appointments to boards, commissions, and committees
* 4) Interview applicants for appointments to boards, commissions, and committees
5) Consider Rescinding Engagement letter to Angolano & Company.
* 6) Discuss Planning Commission recommendation for the Southeast Quadrant and
Transferable Development Rights; Paul Conner, Director of Planning & Zoning
* ' 7) Consideration of approval for submittal of HUD Sustainable Communities Regional Planning
Grant; Paul Conner, Director of Planning & Zoning.
*
8) Update on Sustainable Communities Grant Application; Paul Conner, Director of Planning &
Zoning.
9) Consider blanket authorization for the City Manager to sign Stormwater Permits and ratify
signatures following August 4th, meeting.
* 10)Consideration of amendment of Declaration for 19 Gregory Drive, A Condominium.
* 11)Consideration of appointment of a designated official to represent the City as a voting
delegate at the annual VLCT Annual Business Meeting.
*
12)Review of Development Review Board agenda for August 17, 2010.
* 13)Review and approve minutes from regular, joint, & special City Council meeting held on July
19, July 27, and August 4, 2010.
1.4)Sign disbursement orders.
*
15)Consider entering executive session to discuss appointments to boards, commissions and
committees, personal, and contract negotiations.
16)Adjourn
Respectfully Submitted:
oorf�oor.vl,
Sanford I. Miller, City Manager
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PLANNING & ZONING
AGENDA
South Burlington Development Review Board
City Hall Conference Room, 575 Dorset Street, South Burlington, VT.
Tuesday, September 7, 2010
7:30 p.m.
1. Other business/announcements
2. Minutes of June 15 & August 17, 2010
3. Continued final plat application #SD-10-18 of John Larkin and Ralph DesLauriers, Jr to
amend a previously approved planned unit development consisting of: 1) five (5) multi-
family dwellings totaling 160 units, 2) a 40 unit congregate housing facility, and 3) a 100
unit assisted living facility. The amendment consists of: 1) altering the grade of Larkin
Parcel #1 by adding fill, 2) modifying the overall lighting plan, 3) modifying utility cabinet
location, and 4) relocating a recreation path easement, Quarry Hill Road.
4. Continued site plan application #SP-10-53 of South Village Communities, LLC to construct
a 12 unit multi-family dwelling, 64 Aiken St.
5. Continued site plan application #SP-10-54 of South Village Communities, LLC to construct
a 12 unit multi-family dwelling, 96 Aiken St.
6. Final plat application #SD-10-26 of Pizzagalli Properties LLC for a planned unit
development to construct a 50,000 square foot general office building, 119 Tilley Drive.
7. Conditional use application #CU-10-08 of NFI Vermont, Inc. seeking approval to amend a
previously approved group home use. The amendment consists of: 1) adding five (5)
parking spaces, 2) extending sidewalks, and 3) altering traffic flow, 100 Allen Road.
8. Site plan application #SP-10-60 of NFI Vermont, Inc. to amend a previously approved plan
for a group home. The amendment consists of: 1) adding five (5) parking spaces, 2)
extending sidewalks, 3) altering traffic flow, and 4) other minor site modifications, 100 Allen
Road.
9. Miscellaneous application #MS-10-07 of Vignesh Solai to add a gable entrance which
projects into the front setback requirement, 8 Laurel Hill Drive.
10. Site Plan application #SP-10-59 of National Chimney to amend a previously approved plan
for a 24,000 square foot light manufacturing facility. The amendment consists of: 1)
installing two storage trailers and 2) removing three parking spaces, 3 Green Tree Drive.
11. Site Plan application #SP-10-57 of Dorset Hotel Associates LLC to amend a previously
approved 104 unit extended stay hotel. The amendment consists of: 1) removing two
parking spaces on lot #1 to construct a patio, and 2) removing one parking space on lot #2,
401 Dorset Street.
12. Sketch plan application #SD-10-27 of John and Kathleen Pennucci to subdivide a 9.73 acre
parcel developed with a single family dwelling into two (2) lots of 1.69 acres (lot #1) and
8.03 acres (lot#2), 1721 Dorset Street.
13. Review draft decisions from the August 17, 2010 meeting.
Respe ully Submit
aymond J. Belair
Administrative Officer
City of South Burlington Applicants for opening to Boards,Committees&Commissions By First Choice
August 13,2010 By J.Ladd Background Check
Avail on the 7th,
Name 1st Choice/4 of Vacancies 2nd Choice/4 of Vacancies 3rd Choice/4 of Vacancies Recv'd App Not Recv'd App Avail on the 17th Sept Completed
Fox,Sally Correctional Facility Liaison/2 x Lft reminder msg 8/12/2010
Head,Helen Correctional Facility Liaison/2 x not available Yes 8/12/2010
cmceget
ids Away-emfamiW-
R',u.Eiistcrian,iicc Has withdrawn by 8n0 emergency Y
Tegtmeyer,William Correctional Facility Liaison/2 x Yes 8/12/2010
Floyd,John DRB/1 x Yes 8/12/2010
Sirotkin,Michael DRB/1 Planning/1 Red Rock(incumbent)/3 x Lft reminder msg 8/12/2010
Pasackow,Jay Library Board/2 'x Yes 8/12/2010
Rusnak,Susan Library Board/2 Rec Comm&Leisure Art/3 x Yes 8/13/2010
4ll
I Ambusk,Marie Natural Resource Comm(incumbent)/3 x Yes 8/12/2010
Jones,Peter Natural Resource Comm(Incumbent)/3 x Incomplete
r � i Yt
` Miller,Johanthan Natural Resource Comm(Incumbent)/3 x Yes 3/3/2010
schedule- /
Fleming,Dan Planning Comm/1 x Yes 8/12/2010
Greco,Rosanne Planning Comm/1 ORB/1 Design Review Comm/2 x Yes 8/12/2010
Riehle,Ted Planning Comm/1 x Yes 8/12/2010
Simson,John Planning Comm/1 - x not available Yes 8/12/2010
Kochman,Jennifer Rec Comm&Leisure Art(incumbent)/3 x Yes 8/12/2010
Rabitallie,Elizabeth Rec Comm&Leisure Art(incumbent)/3 x Yes 8/12/2010
Edie Robenstein Rec Comm&Leisure Art/3 x Yes 8/12/2010
Hubbard,Rick Rec Path Comm(Incumbent)/4 x not available Yes 8/12/2010
Bresee,Louis Rec Path Comm(incumbent)/4 Planning/1 DRB/1 x Yes 8/12/2010
%/ Neuer,Roy - Rec Path Comm/4 x not available Yes 8/12/2010
('(//uc i I
Adamson,Duncan Rec Path Comm/4 x .Yes L/ 8/12/2010
.aizeirigieeey •• Wl1" uJyV tV z not available Yes 8/12/2010
NE 6 d/�J h cluck -)( Gibbons,Jane Red Rock/3 Rec Path Comm/4 x Yes 8/12/2010
�(!`144NVV x Unable to
complete
application by due
Clement,Peg Red Rock/3 date away not available
Lisa Yankowski Red Rock/3 x Yes 8/12/2010
AN ORDINANCE FOR THE CONTROL AND PREVENTION OF FIRE
Section 9. Regulation of Outside Burning
A, Outside Burning
(1) Outside burning shall be broken down into two separate categories; permitted and non-
permitted.
(2) Both permitted (those needing a burn permit) and non-permitted (those not needing a burn
permit) fires must be attended at all times.
(3) Fires kindled for the purpose of burning brush or for any other lawful purpose shall be
kindled only at such times and under such conditions as will enable the parties starting them to
keep them entirely under control and not creating a public nuisance or hazard.
(4) If a complaint is received regarding a public nuisance or hazard caused by either a permitted
or non-permitted fire, the complaint will be investigated and the person(s) responsible may be
asked to voluntarily extinguish the fire. If the responsible person refuses to extinguish the fire it
will be extinguished by the fire department.
(5) The use of outdoor incinerators (i.e. burn barrels) is prohibited. Incinerator means any
article, machine, equipment or contrivance, structure or part of a structure used primarily to
dispose of combustible wastes by burning. The incineration of Solid Waste at any facility
regulated by the State, and having and abiding by all other necessary permits in accordance with
all applicable laws, rules and regulations, (including all air quality permits), shall be exempt
from the prohibition under this article.
B. Permit Required
(1) A City of South Burlington Burning Permit shall be required when kindling a fire for the
purpose of normal property clean-up; to include leaves, brush, deadwood, garden waste, or tree
cuttings. Only natural items are to be burned, this does not include painted boards, treated
lumber, plywood, particle/chipboard, sawdust or pallets.
(2) Fires for the purposes of normal property clean-up shall be kindled in a garden or a cleared
space no less than 50 feet from any buildings or structures.
(3) Fire permits shall be issued by the Fire Chief or his designee.
(4) Bonfires (a large open, natural wood fire kindled for ceremonial or recreational purposes)
shall have a burn permit issued. Requests for bonfires will be allowed on a case-by-case basis.
C. No Permit Required
(1) No City of South Burlington Burning Permit shall be required for campfires (30" or less in
diameter), outdoor grills, free-standing fireplaces, commercial fire pits and fireplaces for
recreation or preparation of food.
(2) Fires for the purposes of recreation or preparation of food shall be confined to devices or
appliances designed for such purposes. Such devices or appliances designed for this purpose
shall be used no less than 10 feet from any structure or overhanging roof or porch.
(2a) NOTE: The State of Vermont, Division of Fire Safety by law requires the following;
NFPA 1, Section 10.11.7 For other than one and two family dwellings, no hibachi, gas fired
grill, charcoal grill, or other similar devices used for cooking, heating or any other purpose, shall
be used or kindled on any balcony or under any overhanging portion or within 10 feet of any
structure. Listed electric ranges, grills, or similar electrical apparatus shall be permitted.
(3) Fires for the purposes of recreation or preparation of food (campfire) not confined in a
device or appliance designed for such purpose, shall be no less than 25 feet from a structure or
combustible materials.
D. Burning Permit Conditions
(1) Permit is valid only for place and time stated.
(2) Permit in no way relieves the person to whom it is granted from any liability related to the
fire or any damages it may cause.
(3) The person setting the fire must at all times have sufficient help, water and tools present to
control the fire.
(4) Only natural wood material may be burned under this permit. Branches and brush shall be
3" in diameter or less. If other materials are burned it may require a Vermont Air Pollution
permit as well as the burning permit.
(5) The fire must not be left until it is entirely extinguished.
(6) Restricted materials cannot be used to ignite natural wood materials. (no gasoline, kerosene,
oil or other flammable liquids or materials)
(7) Any special conditions written on this permit are to be considered as part of the conditions to
burn.
(8) If any permit conditions are not followed, then the fire is immediately invalid and you will
be burning illegally. You will be asked to extinguish the fire or it will be extinguished by the fire
department.
(9) Violations of the conditions of this permit may result in the permittee receiving a Vermont
Fire Prevention Ticket which will result in court action and a fine for each day of violation.
(10) This permit may be canceled for cause at any time.
(11) Burn permits will be issued only in person and in writing.
(12) Bum permits are valid between the hours of 8 AM and 4 PM. No burning on Sundays or
Holidays.
E. Penalties
(1) Any person who violates this ordinance shall be subject to a fine of not less than $25.00 per
violation. In the case of a violation which continues after the issuance of a complaint, each days
continuance may be deemed a separate violation.
Revised September 7, 2010
An Ordinance to amend the Ordinance for the
Control and Prevention of Fire
The Council of the City of South Burlington hereby ordains:
Section 1.
Sections 9 86 10 of the Ordinance for the Control and Prevention of Fire
adopted December 21, 1970, and as amended November 6, 1972, are hereby
repealed and amended to read as follows:
Section 9: Regulation of Outside Burning with Subsections A through E
as attached and made a part of this action by which outside burning shall be
permitted and regulated as detailed in the attached Ordinance.
Section 10. Intentionally left blank.
Section 2. This Ordinance shall take effect from passage.
Approved September 7, 2010
Mark Boucher, Chair
Sandra Dooley, Vice Chair
Meaghan Emery
Jim Knapp
Frank Murray
South Burlington City Council
Page 127
ORDINANCE
AN ORDINANCE FOR THE CONTROL AND PREVENTION OF FIRE
The Selectmen of the Town of South ,Burlington hereby ordain:
Section 1. Purpose •
The purpose of this Ordinance is to redifce, and
insofar as possible eliminate the hazards to persons
and property by fire and explosion within the Town
of South Burlington.
Section 2 . Fire Inspectors
The Chief of the South Burlington Fire Department
(hereinafter referred to as Fire Chief) and any
members of the South Burlington Fire Department
appointed by the Fire Chief shall be Fire Inspectors
under this Ordinance.
• Section 3 . Rules and Regulations
No person, individual, corporation, organization or
other entity shall violate any applicable rules and
regulations adopted by the Fire Marshal of the State
of Vermont or other state agency, now or hereafter in
effect, nor any lawfully adopted applicable rule ,
regulation, or ordinance adopted by the Town of South
Burlington , concerning the control and prevention of
fire.
Section 4. Inspections
The Fire Chief or any Fire Inspector shall make a
careful inspection of all buildings and premises , and
shall at once, on application of any trustworthy person
or at the request of the Town Manager, inspect any
Page 2
building or premises complained of as being unsafe
or hazardous , or containing unsafe or combustible
material, within the limitations of the Ordinance.
Section 5 . Entry into Premises
For the purposes aforesaid, the Fire Chief or any
Fire Inspector may at a'11 reasonable times have
access to and enter into any premises , buildings and
lands in the Town of South Burlington , except single
family dwellings where the consent of the owner
shall be first obtained. Where voluntary enty is
requested in a single family dwelling, or consent •
. to inspection is obtained, then the provisions of
• this Ordinance concerning inspection and entry shall
apply.
Section 6 . ' Elimination- of* Fire Hazards
The Fire Chief or a Fire Inspector may order the re-
moval of any unsafe, combustible or explosive materials
which, in his opinion , shall expose to unnecessary
hazards any building or the surrounding or adjacent
buildings or property, and may also direct any owner
or occupant to clear away from his buildings or premi-
I
ses debris or other materials resulting from fire,
windstorm or other catastrophe, within a reasonable
time after the occurrence of such fire , storm or
catastrophe . The Fire Chief or a Fire Inspector may
direct any owner or occupant o any building, land or ! •
'
premises to move to a place of safety during a fire or
Vol . 64
Page l29
Page 3
other catastrophe or during any period that a
hazard of fire or other catastrophe exists .
Section 7. Rubbish 'anid Other' Waste
No person shall put or place, or cause to be put or
placed within 20 feet of any building in the Town
of South Burlington, any rubbish, paper, shavings ,
waste, cartons , or boxes , except in a container
approved by the Fire Chief of the Fire Department .
Section 8. Discontinuance of Use of Furnace, Oil Burner, Flue
'or -Chimney
The Fire Chief or Fire Inspector shall also be
authorized to direct the owner or occupant of any
building or premises in the Town to discontinue,
either temporarily or peiivanently, the use of a
furnace, oil burner, boiler, flue .or chimney which the
Chief or Inspector shall deem unsafe to be used, and
the aforementioned may not be used until deemed safe
by inspection of the Chief or Inspector.
Section 9 . Open Fires
No person shall make an open fire not contained in, an
incinerator or other receptacle or suitable enclosure
without obtaining first a written pei4uit therefore
from the Fire Chief: or his delegated representative
and only upon the teLius and conditions ,of such permit.
The burning of fuels for. cooking purposes shall not
be construed as being included in the provisions of
this Section.
•
•
Pa9e 4
Section 10 . ' Incinerator or Enclosed Fires .
No person shall build an outside fire, contained in
an incinerator or other receptacle or enclosure, c,
permit the same to remain burning, except during the
hours from 6 a.m. to 11 a.m. Burning shall be pro-
hibited on Sundays . Such incinerators or receptacles
shall be properly covered with wire mesh or other
device suitable •to contain the fire . No material'
shall be burned that produces noxious odors . Burning
at any other time shall require a written permit •
therefor from the -Fire Chief or a Fire Inspector.
The burning of fuels for cooking purposes shall not
be construed as being included in the provisions of
this Section.
Section 11 . Refusal to Permit Entry
No person shall refuse to allow the Fire Chief or a
Fire Inspector to enter upon or into his premises , •
•
lands or buildings for the purposes provided in this
Ordinance , or attempt to prevent the Inspector or •
Chief, or obstruct such official in carrying out the
•
provisions of this Ordinance. If- requested, the Fire
Chief or Fire Inspector when making such inspection,
shall show the owner or person in charge of such
buildings or premises , his appointment.
Section 12, V:Zohations
In addition to any other violations of the provisions
of this Ordinance , it shall also be a violation of
Page 131
•
Page 5
this Ordinance for a person to neglect or refuse for
a period of 24 hours to comply with or obey a lawful
order of the Fire Chief or a Fire Inspector. After
the expiration of said 24 hour period, each day of
violation shall be considered a separate offense.
Section 13. ' Performance* of Work by Officials
If a person shall neglect or refuse to comply with or
obey a lawful order of the Fire Chief or a Fire
Inspector, such official may in his discretion, after
the expiration of the period of 24 hours set forth
in the preceding Section, do the work required by
. such order or cause the same to be done, and the
expense therefor with full costs may be recovered of
the person so neglecting or refusing, in a suit brought
in the name of the' .Town, declaring upon this Ordinance,
against such person for labor performed and materials
furnished; provided, however, that after such work
has been completed; by such official, the person neglec-
ting or refusing to comply with such order shall no
longer be deemed to be in violation of this Ordinance
as provided in the .preceding Section.
Section 14. Penalties
In addition to any ,other remedies provided herein, or
provided by law, a 'person violating any provisions of
this Ordinance shall be subject to a fine not in
excess of $100 . 00 , or imprisonment not to exceed 30y
days , for each day :that the violation continues .
a.
1' 6
Section 15 . The Ordinance entitled "An. Ordinance Regulating
Fires in the Town of South Burlington" adopted by the
Board of Selectmen on April 20 , 1965 , is hereby
repealed.
Section 16 . This Ordinance shall take effect from passage. ,
Approved: .-t.} z/ ,' 1970
C
Charr —H. 3ehney,, tiat ;:i1an
Gregory L. ?remo'
/� - �.,,/c 'L7f7/ 7 � ,
R6 o"drs ./Stearn s;
Frederick G. Bla.i.s
ORDINANCE
AN ORDINANCE TO AMEND THE ORDINANCE FOR CONTROL
AND PREVENTION OF FIRE
The Council of the City of South Burlington hereby ordains :
Section 1. Section 10 of the Ordinance for the Control and
Prevention of Fire adopted December 21, 1970 , is hereby amended
to read as follows :
Section 10 : Outside Fires
No person shall build an outside fire contained in
an incinerator, receptacle or other enclosure. The
burning of fuels for cooking purposes shall not be
construed as being included in the provisions of this
section.
Section 2 . This Ordinance shall take effect from passage .
Approved November 6 , 1972
�g
d°i'a !• b'` ram.�� /
F e erick G. Blais , Chairman
/ (/ !f 1 ` c L` /r" C- C
Walter Nardelli
,- "_-
7-2
(7
/
ITY CLERIC'S OrrTCE Dr. Harold P P. B w
ton, Vt. ,6111 , /( 19 i 'hael D. Flaher
it record at I 0 ' yQ o'clod
' ':',.):71. . /21 `./..54V
., and recorded in Vol. EL" / of Brian J. /G e
Nite_Son page ISO South Burlington City Council
061.-� • City Clerk
MEMORANDUM
TO: Sandy Miller,City Manager I f*
FROM: Raymond J. Belair,Administrative Officer f,Al
DATE: August 23, 2010
RE: Hayes Ave. Acceptance
A paralegal recently discovered that the deed for Hayes Ave.was never recorded in the land records.
The City accepted an Irrevocable Offer of Dedication for this street on October 4, 1985(copy attached).
For some unknown reason,the City did not accept the street and record the deed, although the City has
been maintaining it and treating it as a City street ever since the street was completed.
The City attorney,Will Flender, is recommending that the City Council authorize the street acceptance
(see attached email). Public Works Director Justin Rabidoux has indicated that acceptance will not have
a negative impact on the City's maintenance operations(see attached email).
Therefore,would you please ask the City Council to accept Hayes Ave.?
Thank you.
Vol
Page 52
IRREVOCABLE OFFER OF DEDICATION
AGREEMENT by and between O'BRIEN BROTHERS AGENCY, INC., a Vermont
corporation with a place of business in South Burlington, County of
Chittenden and State of Vermont (hereinafter referred to as "Owner"), and
the CITY OF SOUTH BURLINGTON (hereinafter referred to as "City").
W I T N E S S E T H :
WHEREAS, Owner has received final subdivision approval from the City's
Planning Commission for the construction and development of Cardinal Woods
as depicted on a final plat entitled "Cardinal Woods: Phase II - Final
plat" dated January, 1985, last revised July 10, 1985, and recorded in Plat
Volume 197 at Page 94 of the South Burlington City Land Records; and
WHEREAS, the final approval of the Planning Commission contains a
condition that the roadway depicted as "Hayes Avenue" on said afore-
mentioned final plat be constructed to City standards and subsequently
dedicated and accepted by the City as a public roadway; and
WHEREAS, the above described strip of land comprising Hayes Avenue is
to be dedicated to the City free and clear of all encumbrances pursuant to
said final approval and final plat; and
WHEREAS, the Owner has delivered to the City appropriate deeds of
conveyance for the above-described property.
NOW, THEREFORE, in consideration of the final approval of the City's
Planning Commission and for other good and valuable consideration, it is
covenanted and agreed to as follows:
1. The Owner herewith'delivers to the City a deed of conveyance, an
unexecuted copy of which is attached as Exhibit "A", such delivery
Vol . 214
Page 53
constituting a formal offer of dedication to the City to be held by the
City until the acceptance or rejection of such offer of dedication by the
legislative body of the City.
2. The Owner agrees that said formal offer of dedication is
irrevocable and can be accepted by the City at any time.
3. This irrevocable offer of dedication shall run with the land and
shall be binding upon all assigns, grantees, and/or successors of the
Owner.
Dated this 4th day of October, 1985.
In Presence// Of: O'BRIEN BROTHERS AGENCY, INC. ("Owner")
ike(Ak•r-4T,
BY: -'7/.?7iZ ctt- ?/L -' '-�
nn,, Daniel J. OJBrien, President and
bf.a j! ) Duly Authorized Agent
In Presence Of: CITY OF SOUTH BURLINGTON ("City")
By:•
JIts Duly Quthir zed Agent
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said County, this 4th day of October, 1985,
personally appeared Daniel J. O'Brien, President and duly authorized agent
of O'BRIEN BROTHERS AGENCY, INC., and he acknowledged this instrument, by
him signed, to be his free act and deediand the free act and deed of
O'BRIEN BROTHERS AGENCY, INC. /
Before me, t�j( ��/�f L�
Notary Pub c
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington, in said-County, this 4th day of October, 1985,
personally appeared 1,,\A\c,t,_ -S Sz , ,c,t , duly authorized
agent of the CITY OF SOUTH BURLINGTON,- nd he/rLe acknowledged this
-2-
s
•
Vol . 214
Page 54 •
instrument, by him/her signed, to be his/her free act and deed and the free
act and deed of the CITY OF SOUTH &URLINGTON.
Before meg. t ,.,GS
Notary Public
[PS24A]
-3-
Vol . 214
,, ,,I.'I .I \I.I:\i,.\: _ ; . .\\Il .,i.l.', q:. 9 . -
I Page 55
oP (. ��` 'EX;1.Oi :.�,.
giTO 6�11l i ' inE
Q.Itttt O'BRIEN BROTHERS AGENCY, INC., a Vermont corporation with a
place of business in South Burlington
t'f
' in the County of Chittenden . r : 3 r,.
I and State of Vermont Grantor , in the consideration of ,,.��yyt £'
Ten and More Dollars T
paid to its full satisfaction by ;.
CITY OF SOUTH BURLINGTON, a municipal corporation ; fir ,`
r i ,4
'e a
x in the County of Chittenden y 11
and State of Vermont Grantee , by these presents, doF
S freely (blue, Ornttt, well, (Colwell nub Q uttfirut unto the said Grantee
ao }
CITY OF SOUTH BURLINGTON, and its successors
r+
:Britt xVltrtit and assigns forever, a
certain piece of land in South Burlington in the ro^ . ui
County of Chittenden and State of Vermont, described as
follows, viz: y., w ,
.:
Being a strip of land, sixty feet (60') in uniform width, except at •
the point of intersection with Hinesburg Road, to be used for public
roadway purposes, said strip proceeding southerly and thence southwesterly
from Hinesburg Road to the intersection with property presently of
Timberlane Associates. Said strip is depicted as "Hayes avenue" on a plan
entitled "Cardinal Woods: Phase II - Final Plat" dated January, 1985, Mai.,
last revised July 10, 1985, and recorded in Plat Volume 197 at Page 94 of g Y
et ,'
the South Burlington City Land Records. Said strip is nore particularly
described as follows: Beginning at an iron pin set in the southwesterly e¢' ` '
sideline of Hinesburg Road; thence proceeding N 37°13'03" W 85.0G feet to a ^,-
' �I
concrete monument; thence proceeding S 7°46'57" W 14.14 feet to a concrete
monument; thence proceeding S 52°46'57" W 60.31 feet to a concrete { -
IIImonument; thence proceeding S 45'44'18.8" W 8.98 feet to an iron pin; r„,uj -a°,
thence proceeding S 45°44'18.8" W 388.81 feet to a concrete monument;
thence proceeding in a curve to the right a distance of 117.77 feet to a s1 ,'�'+• �rf'
concrete wenument; thence proceeding S 81°43'35.2" i! 154.61 feet to a A m ,,
concrete monument; thence proceeding in a curve to the right a distance of
"r =:
165.11 feet to a concrete monument; thence proceeding N 83'00'44" W f.
37.03 feet to en iron pin; thence proceeding S 06°59'16" W 47.22 feet to a =v
concrete wenument; thence proceeding in a curve to the left a distance of -
221.00 feet to a concrete monument; thence proceeding N 81°43'35.2" E �
154.61 ieet to a concrete monument; thence proceeding in: a curve to the air _
left a distance of 155.46 feet to a concrete monur.cnt• thence �_ L-
proceeding �z •N 45°44'18.8" E 312.55 feet to a concrete monument; thence proceeding
N 52°46'57" E 141.19 feet to a. concrete monument; thence proceeding
N 84°12'27" E 7.33 feet to the iron pin marking the point or place of } ,'
beginning.
Included with this conveyance are all improvements located within,
7Xt
over, or under said roadway strip including, but not by wa} of limitation, ' b a•` � "�'}paving, curbing, base preparations, hydrants, all utility mains and appur- ,. ,
tenances thereto, sidewalks. By acceptance and recordation of this deed in '
the South Burlington Land kecords, Grantee acknowledges that Grantor has
fully satisfied the requirements of the City in constructing said improve- �a+,
meats, that same were constructed properly in compliance with City codes * ,,41
• and regulatirns,.and that Grantee is ;cceptinf said improvements in their '-'".Pole!
"as is" condition. if '- ,
_ ter:
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Vol._214— I
Page 56
The property conveyed herein is a small portion of the land and
premises conveyed to the within Grantor by (1) deed of Mary Barbara Maher
and James J. McNamara, Co-guardians of the Estate of Thelma E. Tilly, dated
September 8, 1978 and recorded in Volume 143 at Pages 274-276 of the South
.. Burlington City Land Records and/or (2) deed of Daniel J. O'Brien and Leo
O'Brien, Jr. dated October 4, 1985, and recorded in Volume l:L at--Pages
of the South Burlington City Land Records.
Country Park Associates joins in the conveyance of the above described
property to convey all its right, title and interest in and to a small o-r 51r
portion of said strip of land which lies adjacent co Hinesburg Road where
the within conveyed strip of land intersects said Hinesburg Rand.
Reference is hereby made to the above-mentioned instruments, the
records thereof and the references therein contained in further aid of this
description.
[PS13U] •
Vol. 214
Page 57
Lo It;tli attl tt�: tt(l said granted premises, It all the privileges and ap-
purtenances thereof, ...I the said Grantee `
CITY OF SOUTH BURLINGTON, a municipal corporation, its successors
kxire and assigns, to their own use and behoof forever;
And the said Grantor
O'BRIEN-BROTHERS AGENCY, INC.• - -successors
for itself and its / kttttX$
executors and-administrators, does covenant with the said Grantee
CITY OF SOUTH BURLINGTON, its successors
tallsXand assigns, that until the ensealing of these presents it is
the sole owner of the premises, and have good right and title to convey the same in
manner aforesaid, that they are ."+.free ft-out 'Alert; ettl'tttttttralll'c;
except as above-mentioned, and it does
•
hereby engage to 311arr;utt tttt t {1rft'tti, the same against all lawful claims
whatever, except as aforesaid.
a duly authorized agent of O'BRIEN BROTHERS AGENCY, INC. •
311 Witness lll{tt:rcuf, / hereunto sets his hand and seal
this 4th day of October A. D. 1985
lilt 11resCucc of O'BRIEN BROTHERS AGENCY, INC.
•
q I do
$Yi'.,.% � t
Its Duly. uthor zed Agent
l r /NJ:R.
•
•
• l�isl:
'tat': of Iit'ruumt, 99. At B4rlin ton this •
Chittenden QI..ttlllltU 4th October A. D. 19 85
Daniel J. O'Brien, President and Duly Authorized Agent of O'BRIEN BROTHERS AGENCY,
tW5bnally appeared, and he acknowledged this instrument, by
him sealed and subscribed, to be his free act and deed, and th
free act and deed of O'BRIEN BROTHERS AGENCY, INC.
•
Before me -
Notary Public
(Title)
Received for Record October 18, 1985 at 1 : 40 p.m..
Attest N`e\o....3\j t,f Gip•C J
Y CLERK
Page 1 of 2
ray
From: Will Flender[WFlender@firmspf.com]
Sent: Friday, August 13, 2010 2:40 PM
To: ray
Subject: RE: Hayes Ave.
Just to be safe, it's best to get Council authorization for the acceptance. It may not be necessary but better to
cautious.
From: ray [mailto:rbelair@sburl.com]
Sent: Friday, August 13, 2010 2:15 PM
To: Will Flender
Subject: RE: Hayes Ave.
I don't know if the Council authorized acceptance or not. The street was built about 25 years ago and the City
has been treating it as a City street since it was completed.
Ray Belair
Administrative Officer
City of So. Burlington
802-846-4106
From: Will Flender [mailto:WFlender@firmspf.com]
Sent: Friday, August 13, 2010 11:54 AM
To: ray
Subject: RE: Hayes Ave.
Did you tell me that the City Council had previously authorized the acceptance of Hayes Ave? If not, this should
probably go to the Council for approval, like any street acceptance.
From: ray [mailto:rbelair@sburl.com]
Sent: Friday, August 13, 2010 11:43 AM
To: Will Flender
Subject: Hayes Ave.
Hi Will,
I just met with the City Manager and told him that you had no problem with us recording the deed for Hayes Ave.
He asked if I could get that in an email. Could you please send such a note? Thanks.
Ray Belair
Administrative Officer
8/18/2010
Page 1 of 1
ray
From: Justin Rabidoux
Sent: Wednesday, August 18, 2010 8:04 AM
To: ray
Subject: Hayes Avenue
Ray,
The Department of Public Works has no objection to the City formally accepting Hayes Avenue. We've been
operating as if the City's owned it for decades so making it official will not have a negative impact on our
maintenance operations.
JUSTIN RABIDOUX
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
•
CITY OF SOUTH BURLINGTON
575 DORSET STREET
SOUTH BURLINGTON, VI"05403
(802) 658-7961
JRABIDOUX@SBURL.COM
WWW.SBURL.COM
8/18/2010
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FIRE DEPT
September 9, 2010
Mr. Sandy Miller
South Burlington City Manager
575 Dorset Street, South Burlington,Vermont 05403
Mr. Sandy Miller,
On behalf of the South Burlington Fire Department, I would like to invite you and your family to our 23rd
annual Fire Prevention Open House. As you may know,this is an extremely important event for the
department. This day gives us an opportunity to interact with the community, spreading messages of
fire prevention and fire safety.
Along with educational material, our Firefighters are able to show off their skills in automobile
extrication, live burn demonstrations, and the ever popular ladder truck rides.This year we will be
adding a new technical rope rescue demonstration as well. This year's Open House is on Sunday,
September 7, 2008 starting at 11am and ending at 3pm at Station#1.We look forward to having you
and your family there.
Sincerely,
Nick Perkov
Fire Prevention Coordinator
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JLadd
From: Stephen Dates [sdates@comcast.net]
Sent: Thursday, September 02, 2010 3:59 PM
To: Cathyann LaRose; Tom Hubbard; Paul Conner; JLadd; Sandy Miller
Cc: Jonathan Miller; Beth Thorpe; Russell; marie.ambusk@ge.com; cerulean171@comcast.net;
bmilizia@comcast.net
Subject: Re:
Cathyann, I have recently accepted an appointment to head the northeast district of a non-profit (to
be named publicly later). Unfortunately, this will prevent me from continuing my membership on the
South Burlington Natural Resources Committee. Please convey my thanks as well as my congrats
for some great work they have done on the Dorset Park to the other members at tonight's meeting.
Best of luck as you go forward. Thanks. Steve
Stephen Dates
145 South Pointe Drive
South Burlington, VT 05403
(802)-658-4061 (Home)
(802)-734-3744 (cell)
sdates@comcast.net
Original Message
From: Cathyann LaRose
To: Tom Hubbard ; Paul Conner ; JLadd ; Sandy Miller
Cc: Jonathan Miller ; Beth Thorpe ; Russell ; marie.ambuska,ge.com ; cerulean171@comcast.net ; sdates@comcast.net
; bmilizia@comcast.net
Sent: Tuesday, August 24, 2010 4:12 PM
Please find attached an invitation to join us in the dedication of the Schuele Family Picnic Area. As you may know, Bill
and Ethel Schuele were formally recognized by the City Council last fall for their service to the City of South Burlington,
having together served on several committees, for a combined total of more than 80 years, and with results such as the
formation of the Natural Resources Committee and purchase of Red Rocks Park. It would be wonderful if you could join
us in a short but meaningful dedication to their labors. Please pass this on to any of your committee members or
colleagues that you feel may be interested in sharing this recognition.
Thank you,
Cathyann
Cathyann L.LaRose,AICP
Associate Planner
City of South Burlington
575 Dorset Street
South Burlington,VT 05403
Ph:802.846.4106
clarose@sburl.com
1
wtvw.sburl.com/planning
2
AN ORDINANCE FOR THE CONTROL AND PREVENTION OF FIRE
Section 9. Regulation of Outside Burning
A, Outside Burning
(1) Outside burning shall be broken down into two separate categories; permitted and non-
permitted.
(2) Both permitted (those needing a burn permit) and non-permitted (those not needing a burn
permit) fires must be attended at all times.
(3) Fires kindled for the purpose of burning brush or for any other lawful purpose shall be
kindled only at such times and under such conditions as will enable the parties starting them to
keep them entirely under control and not creating a public nuisance or hazard.
(4) If a complaint is received regarding a public nuisance or hazard caused by either a permitted
or non-permitted fire, the complaint will be investigated and the person(s) responsible may be
asked to voluntarily extinguish the fire. If the responsible person refuses to extinguish the fire it
will be extinguished by the fire department.
(5) The use of outdoor incinerators'(i.e. burn barrels) is prohibited. Incinerator means any
article, machine, equipment or contrivance, structure or part of a structure used primarily to
dispose of combustible wastes by burning. The incineration of Solid Waste at any facility
regulated by the State, and having and abiding by all other necessary permits in accordance with
all applicable laws, rules and regulations, (including all air quality permits), shall be exempt
from the prohibition under this article.
B. Permit Required
(1) A City of South Burlington Burning Permit shall be required when kindling a fire for the
purpose of normal property clean-up; to include leaves, brush, deadwood, garden waste, or tree
cuttings. Only natural items are to be burned, this does not include painted boards, treated
lumber,plywood, particle/chipboard, sawdust or pallets.
(2) Fires for the purposes of normal property clean-up shall be kindled in a garden or a cleared
space no less than 50 feet from any buildings or structures.
(3) Fire permits shall be issued by the Fire Chief or his designee.
(4) Bonfires (a large open, natural wood fire kindled for ceremonial or recreational purposes)
shall have a burn permit issued. Requests for bonfires will be allowed on a case-by-case basis.
C. No Permit Required
(1) No City of South Burlington Burning Permit shall be required for campfires (30" or less in
diameter), outdoor grills, free-standing fireplaces, commercial fire pits and fireplaces for
recreation or preparation of food.
(2) Fires for the purposes of recreation or preparation of food shall be confined to devices or
appliances designed for such purposes. Such devices or appliances designed for this purpose
shall be used no less than 10 feet from any structure or overhanging roof or porch.
(2a) NOTE: The State of Vermont, Division of Fire Safety by law requires the following;
NFPA 1, Section 10.11.7 For other than one and two family dwellings, no hibachi, gas fired
grill, charcoal grill, or other similar devices used for cooking, heating or any other purpose, shall
be used or kindled on any balcony or under any overhanging portion or within 10 feet of any
structure. Listed electric ranges, grills, or similar electrical apparatus shall be permitted.
(3) Fires for the purposes of recreation or preparation of food (campfire) not confined in a
device or appliance designed for such purpose, shall be no less than 25 feet from a structure or
combustible materials.
D. Burning Permit Conditions
(1) Permit is valid only for place and time stated.
(2) Permit in no way relieves the person to whom it is granted from any liability related to the
fire or any damages it may cause.
(3) The person setting the fire must at all times have sufficient help, water and tools present to
control the fire.
(4) Only natural wood material may be burned under this permit. Branches and brush shall be
3" in diameter or less. If other materials are burned it may require a Vermont Air Pollution
permit as well as the burning permit.
(5) The fire must not be left until it is entirely extinguished.
(6) Restricted materials cannot be used to ignite natural wood materials. (no gasoline, kerosene,
oil or other flammable liquids or materials)
(7) Any special conditions written on this permit are to be considered as part of the conditions to
burn.
(8) If any permit conditions are not followed, then the fire is immediately invalid and you will
be burning illegally. You will be asked to extinguish the fire or it will be extinguished by the fire
department.
(9) Violations of the conditions of this permit may result in the permittee receiving a Vermont
Fire Prevention Ticket which will result in court action and a fine for each day of violation.
(10) This permit may be canceled for cause at any time.
(11) Burn permits will be issued only in person and in writing.
(12) Burn permits are valid between the hours of 8 AM and 4 PM. No burning on Sundays or
Holidays.
E. Penalties
(1) Any person who violates this ordinance shall be subject to a fine of not less than $25.00 per
violation. In the case of a violation which continues after the issuance of a complaint, each days
continuance may be deemed a separate violation.
Revised September 7, 2010
An Ordinance to amend the Ordinance for the
Control and Prevention of Fire
The Council of the City of South Burlington hereby ordains:
Section 1.
Sections 9 86 10 of the Ordinance for the Control and Prevention of Fire
adopted December 21, 1970, and as amended November 6, 1972, are hereby
repealed and amended to read as follows:
Section 9: Regulation of Outside Burning with Subsections A through E
as attached and made a part of this action by which outside burning shall be
permitted and regulated as detailed in the attached Ordinance.
Section 10. Intentionally left blank.
Section 2. This Ordinance shall take effect from passage.
Approved September 7, 2010
Mark Boucher, Chair
Sandra Dooley, Vice Chair
Meaghan Emery
Jim Knapp
Frank Murray
South Burlington City Council