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HomeMy WebLinkAboutBATCH - Supplemental - 0033 Commerce AvenueCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: July 10, 2008 \drb\sit\liftech\siteplan.doc Plans received: June 16, 2008 33 Commerce Avenue SITE PLAN APPLICATION #SP-08-55 Agenda # 9 Meeting date: J ly 15, 2008 Owner Applicant Roth Family Partnership Liftech Equipment Companies PO Box 22 33B Commerce Avenue Warren, VT 05674 South Burlington, VT 05403 Property Information Tax Parcel 0535-00033 Mixed Industrial Commercial Zoning District Location Ma11.0 €; FY Me^ p F' r "I. A CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING PROJECT DESCRIPTION Liftech Equipment Companies, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved plan for a 9900 sq. ft. building used for equipment service, sales, and rental use. The amendment consists of site modifications, 33 Commerce Avenue. COMMENTS Associate Planner Cathyann La Rose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on June 16, 2008 and have the following comments. Zoning District & Dimensional Requirements: There are no changes to the dimensional requirements as part of this application. All requirements are met. The proposed changes are: ■ Replace two 6" apple trees in front of the building with four 3" flowering trees; ■ Move bike rack to north end of front parking lot near entrance door; ■ Move equipment display area in front of building to rear of building behind asphalt ■ Request 25% reduction of parking spaces from 20 to 15. Move 3 parking spaces to front of building perpendicular to existing 7 spaces. Move two spaces from back lot north end to back lot west end. Eliminate 5 spaces in back lot from north end. ■ Add additional storage space 30'x20' south side of building by loading dock; ■ Move dumpsters and add fence to west side green area 34' from north fence; ■ Widen front entrance walk by 5' and add awning. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The applicant is proposing to widen the front entrance walk by five feet The existing use requires 20 parking spaces. The applicant is requesting a 25% reduction of parking spaces from 20 to 15. They are also requesting the following site plan changes: move 3 parking spaces to front of building perpendicular to existing 7 spaces; move two spaces from back lot north end to back lot west end.; eliminate 5 spaces in back lot from north end. Staff does not oppose the reduction in parking requirement. However, the three proposed spaces to the front of the building are not acceptable. These parking spaces do not allow for the required 24 foot aisle width. The applicant should revise the plans to relocate these parking spaces. CITY OF SOUTH BURLINGTON 3 DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING 1. The plans shall be revised to relocate the three parking spaces proposed to the front of the building, labeled as spaces 8-10. The new locations shall meet all dimensional requirements pursuant to Table 13-8 of the SBLDR. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. There are 7 existing parking spaces to the front of the building. The applicant had proposed to add additional parking spaces to this area but staff has already noted that this is not acceptable. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The height of the building will remain unchanged and below 35 feet. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. No changes to the existing buildings are being proposed as part of this application. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The proposed project does not involve any new exterior construction, so this criterion is not applicable. (t) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The proposed project does not involve any new exterior construction, so this criterion is not applicable. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. At this time, staff does not suggest providing additional accesses. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. CITY OF SOUTH BURLINGTON 4 DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The applicant is proposing to install a fence to screen the existing dumpster. (d) Landscaping and Screening Requirements As there is no building construction proposed for this site, there are no new minimum landscaping requirements. However, the applicant is proposing to replace two approved apple trees in front of the building with four flowering trees. The applicant does not state what these flowering trees are. This should be discussed and the plans appropriately revised. 2. The plan should be revised to identify the species of the "flowering tree" to replace the apple trees. This shall be revised to identify these trees. The City Arborist has not yet approved the species because one has not been identified. The City Arborist should have final determination of approval of species. 3. The City Arborist shall review the proposed species; approval must be granted prior to recording the mylar. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage areas that will minimize the potential for run-off. Adequate snow storage areas are shown on the plans. Lighting Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. The applicant has stated that there is no new lighting proposed as part of this application. Staff recommends that the South Burlington Development Review Board continue Site Plan Application #SP-08-55 so that the applicant may revise the plans to provide enough parking spaces without the three proposed to the front of the building. Respectfully submitted, I J. ya n� Rose, Ass ciate P anner Copy to: Craig Decatur, Liftech Equipment, applicant 100 L6010N.'. southburlington CDP PLANNING & ZONING July 16, 2008 Craig Decatur Liftech 33 Commerce Avenue South Burlington, VT 05403 Re: Site Plan #SP-08-55 Dear Mr. Decatur: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board on July 15, 2008 (effective July 15, 2008). Please note the conditions of approval inAirt;,,R r1,�t months. If you have any questions, please contact me. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. it must be o CERTIFIED MAIL RETURN RECEIPT: 7008 0150 0003 6150 5829 575 Dorset Street South Burlington, VT 05403 tal 802.846.4106 fax 802.846.4101 www.sburi.com southburfington PLANNING & ZoNIh1G July 7, 2008 Roth Family Partnership PO Box 22 Warren, VT 05674 Dear Property Owner: Enclosed is the draft agenda for the July 15, 2008 South Burlington Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McDo ough Brown Planning & Zoning Assistant Encl. cc: Craig Decatur M Dursat Strret South fforling9an, VT 05403 1*4 802,044 4t06 fax H621 fly A101 wvivcsturk.com southbufiat aon July 7, 2008 Joe Eddy Holdings, LLC 41 Commerce Avenue South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda for the MY 15, 2008 South Burlington Development Review Board meeting. It includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McD ough Brown Planning & Zoning Assistant Encl. 676 Dorset Stroxt South Hurlington, VT 05403 lei 902.BdC.068 fax BC2.84I.41Oi www.xbuet.com soufb rfingtoit July 7, 2008 Albert & Susan Gentes 95 Gentes Road Essex Junction, VT 05452 Dear Property Owner: Enclosed is a copy of the draft agenda for the Tly 15, 2008 South Burlington Development Review Board meeting. It includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 671 Dafxei 5trutrt South iivrhnglanr VT D5463 lei 902 H46,AHIG i:x O02.t4t.dW www.ybur .cum Mrldkl southburlington PLAN*rrtc & zentur, July 7, 2008 LNP, Inc. 300 Cornerstone Drive Williston, VT 05495 Dear Property Owner: Enclosed is a copy of the draft agenda for the July 15, 2008 South Burlington Development Review Board meeting. It includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, &OWL) Betsy tough Brown Planning & Zoning Assistant Encl. 576 Darsat Stra*t Sculh Burlington, YT 054&3 W 802.8d&. lbfl fax 802.846AM www.iture.com July 7, 2008 KPS 81/49 Properties, LLC 81 Ethan Allen Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda for the July 15, 2008 South Burlington Development Review Board meeting. It includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, eonj Betsy c onough Brown Planning & Zoning Assistant Encl. 515 Dar3at Straret South gurlinglon. VT 0540a 40 M_ 44.0rol lax Rol 846AJOI W-Okrr.zburl.rom southburlington July 10, 2008 Craig Decatur Liftech 33 Commerce Ave South Burlington, VT 05403 Re: 33 Commerce Ave Hearing Dear Mr. Decatur: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, July 15, 2008 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy M nough Brown Planning & Zoning Assistant Encl. 5?5 Darrit S!re•st B uis Rurhnpi�n, VT 054U tel 602 t4A,,V d tarp Nt<«.€l4L41,101 wvow,%bjjrj,COn C IFT Tta, oldflj 111s/°9 General Project Description • Replace two 6" apple trees in front of the building with four 3" flowering apple trees. • Move bike rack to north end of front parking lot near entrance door. • Move equipment display area in front of build to rear of building behind asphalt Northeast corner. • Requesting 25% reduction of parking spaces from 20 to 15. Seven spaces to remain in front of building in existing location. Move two spaces from back lot north end to back lot west end to create block of three. Eliminate 5 spaces in back lot from north end. • Add additional storage space 30' x 20' south side of building by loading dock. Space may utilize 24' x 14' pallet racking for storage. • Move dumpsters and add fence to west side green area 34' from north fence. • Widen front entrance walk by 5' and add awning. FEB-27-2008 10:32A FROM:CITY OF SOUTH BURLIN BWB464101 TO:916024962163807 P.1 SITE PLAN ESCROW AGREEMENT THIS AGREEMENT, executed in triplicate by and between fig TH r- A M 11- � P apt T w>.i t;141,e , hereinafter referred to as "Developer", the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality", and the /C`i: t "rain i� _4/�2c , hereinafter referred to as WITNESSETH: WHEREAS, Developer has received site plan approval from the MUNICIPALITY'S Development Review Board for the development of property located at 3 :1 Coo nil e-A , as depicted on a site plan entitled "S, 115 -�o r" 30 L TH-AA14ur9v A dated AuU z cco'l , and prepared by --1ujN P�rrt/ L. 5 J 6, z_ AND R442/1 r P 6&110 c- r�i,vJV . WHEREAS, Developer is required by said approval, at its own expense, to complete certain improvements; and WHEREAS, the parties to this Agreement wish to establish an escrow account to secure the obligations of the Developer as set forth in the City approval; and WHEREAS, the Bernk executes this Agreement solely in the capacity of escrow agent. NOW THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications set forth in said site plan and related documents: 2. The Developer shall complete the improvements set forth in Paragraph one no later than t� L`l i 2.o 0 -7u n."E G 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within three (3) years after completion of the improvements set forth in Paragraph one. For the purpose of this Agreement "completion" shall be deemed to have occurred when the FEB-27-2006 10:33A FROM:CITY OF SOUTH BURLIM 8028464101 TO:918024962163607 P.2 MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guaranty of Developer's performance of all requirements herinabove set forth, and prior to the issuance of any toning permit for a, Developer and 601ftwifiree that the /V�Ea4 '7 sum of 5 (5 shall be set aside and held in escrow by the 0a) ,Bank and shall be available for payment to the Municipality in accordance �- r- with the terms herein set forth. a� 5. If the Municipality shall file with the 86Akra statement that the Developer is in the judgement of unicipality in default under the terms of this Agreement, the shall from time to time pay monies from said escrow fund to the Municipality, in amounts not to exceed a total enabling the Municipality to complete improvements and requirements set forth in this Agreement. 6, The Municipality will promptly submit to the Developer a copy of such statement as it files with the BaalWThe consent of the developer to such payment by the Be to the Municipality shall not be required. The 4aA - shall incur no liabili to the Developer on account of making such L payment to the Municipality, nor shall the43arrk be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 7. The Municipality shall not file with the 94Ra statement of default until thirty (30) days after notice has been sent by it to the Developer by i certified mail, return receipt requested, setting forth its intention to do so. 8. All monies released by the get* to the Municipality pursuant to paragraph five (5) shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this Agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and material basis or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such a manner as in the judgement of the Municipality shall accomplish the work most expeditiously and economically., 9. If monies are released by the B� t the Municipality pursuant to paragraph five (5) and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be distributed by the %,/l refunded by the Municipality to the Bc-wk-to be held and rr1 �! pursuant to the terms of this Agreement. �' /} ' -4 f11111- FEB-227-2008 10:33A FROM:CITY OF SOUTH BURLIN 6028464101 TO:918024962163807 P.3 )15 ` 10. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Rank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph seven (7) of this agreement. 11.This agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby, and the completion of the warranty period set forth in paragraph three (3). u 12. The sum of � 5 ('15 shall be maintained in escrow until certification to the Bask by the Municipality of the completion of the warranty period ^, set forth in paragraph three (3). �D4✓" 13.This agreement shall not only be binding upon the parties hereto, but also their respective heirs, executers, administrators, successors, and assigns. FEB-27-2008 10:33A FR'OM:CITY OF SOUTH BURLIN 8029464101 TO : 916024962163807 PA Dated at u�� / 1 C) L'� this day of = . - , 20e ' Witness 0 Witness Duly Authorized Agent (DEVELOPER'S NAME) By: Witness Duly Au rized Agent CITY OF SOUTH BURLINGTON l/ I F Dated at ✓ //1 r — this day of , 201a. Vr Witness By. Witness Duly Authorized Agent nM nA pTt! (NAidFE6F-B�A NK _ ,�—rr�rr ) � , X ROTH FAMILY PARTNERSHIP 115 PO BOX 22 41 Working Capital WARREN, VT 05674 MR= Management- Account DATE 25-80/440 PAYTIOTHE ORDER OF- SI;Ka 'DOLLARS Merrill Lynch UM 0-, NA Colufftus. ONO 43M MEMO 4��"5&4WV :33 60AVA124aZ4� 1:01.11.100013041: 04&LS37864221 LLS Site Plan Application Permit Number SP- �� - APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1 RD (Name as shown on deed, mailing address, phone and fax #): 2. LOCATION OF LAST RECORDED DEED (Book and page #): Vol. Val o 77-74t l/tygT 3. APPLICANT (Name, mailing address, phone and fax #): L� iiu'r eec Jg&v,, oµe 33 S GO kM-eMc XU6e. S. �vr�-k �dS*03 ADZ - 814Y-03oy fAu g02--&G_l ^!rrZ* 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): s-& 4 eca.+vr 33 8 iferpl&iencJ7 Ao-C. <_ &.rItAAAw, v r- A.S A A Amur 062 _ - jr-S2 r 6/17 V7 .Y.. a. Contact e-mail address: 601-i !r-A r(o11i-5*ec L. "M 5. PROJECT STREET ADDRESS: 9 3 Ave, S. L3uc-I ►x-T� VT oS�43 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 7. PROJECT DESCRIPTION a. General project description: 1 General Project Description • Replace two 6" apple trees in front of the building with four 3" flowering trees. • Move bike rack to north end of front parking lot near entrance door. • Move equipment display area in front of build to rear of building behind asphalt Northeast corner. • Requesting 25% reduction of parking spaces from 20 to 15. Move 3 parking spaces to front of building perpendicular to existing 7 spaces. Move two spaces from back lot north end to back lot west end. Eliminate 5 spaces in back lot from north end. • Add additional storage space 30' x 20' south side of building by loading dock. • Move dumpsters and add fence to west side green area 34' from north fence. • Widen front entrance walk by 5' and add awning. Site Plan Application b. Existing Uses on Property (including description and size of each separate use): '?A*. AC 3 330 .' Dis�r�-s 3y0 st. .' �►�.•.�. 31 go c. Proposed Uses on property (include description and size of each new use and existi uses to remain): p,qac.�..�. 2y9 7 D&SPAY fe' lack A d. Total building square footage on property (proposed buildings and existing buildings to remain): xy e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): No G�e....c.. f. Number of residential units (if applicable, new units and existing units to remain): A464— g. Number of employees & company vehicles (existing and proposed, note office versus non - office employees): 9-44n,49 h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): c 02 S E a G r 8. LOT COVERAGE Total Parcel Size: W e2-OO Sq. Ft. a. Building: Existing a9`I• % / 9gG0 sq. ft. Proposed.2y,4 %/ A4dn sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing % / sq. ft. A10 L� v Proposed % / sq. ft. c. Front yard (along each street) Existing _% / sq. ft. Proposed % sq. ft. 2 } d. Total area to be disturbed during construction (sq. ft.) �( Site Plan Application * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): $ jSp%,,e 4r d r ��r r�t�L' l0o b. Landscaping: $ eZ yQa e=— c. Othe�jite improvements (please list with cost): y� 10. ESTIMATED TRAFFIC a. Average daily traffic for entire property (in and out): 0 b. A.M. Peak hour for entire property (in and out): c. P.M. Peak hour for entire property (In and out): 11. PEAK HOURS OF OPERATION: .'0 .4 A,1L r&_ y'Id pM 12. PEAK DAYS OF OPERATION: A4 F 13. ESTIMATED PROJECT COMPLETION DATE: L/O —30-0 S 14. ABUTTERS (please list all abutting landowner. Include mailing address. Also iriclude those across a street or right-of-way. You may use a separate sheet if necessary) A rz _O_ 37 -77 W_ 3 Cow D . 1-2 ►:)e n rks 3 �- ' VT Site Plan Application 15. SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 4 JUN-13-2008 13:22 FROM:J&U ROTH 8024962163 TO:18028641826 P.1 ----------- Site Plan Application I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. ,TORE OF P OF ER Do not write below this line T6Htj 12�rt Air PRINT NAME DATE OF SUBMISSION: b /� REVIEW AUTHORITY: E Development Review Board ❑ Administrative Officer I have reviewed this site plan application and find it to be: 0" Complete complete irector of Planning & Zoning or Designee IDatef 5 44 southburlinoon PLANNING & ZONING May 29, 2008 John Roth Roth Family Partnership PO Box 22 Warren, VT 05674 Re: Certificate of Occupancy Request — 33 Commerce Avenue Dear Mr. Roth: On May 28, 2008, I conducted a site inspection of 33 Commerce Avenue as a prerequisite to the issuance of the Certificate of Occupancy you requested. I discovered a number discrepancies between the approved site plan and the site. These discrepancies are as follows: 1. The site plan indicates that there are two (2) 6" apple trees in front of the building. These trees are actually only about 1" in caliper. 2. The bike rack is not located as shown on the approved site plan. 3. Equipment in the front of the building is parked in parking spaces, not in the approved equipment display area. 4. Equipment in the rear of the building is parked in parking spaces, not in the approved equipment display area. 5. The dumpster storage area is not located as shown on the approved site plan. 6. There is considerable outside storage of materials, etc., along the westerly property line which is not shown on the approved site plan. You have two (2) weeks from the date of this letter to bring this property into compliance with the approved site plan. Otherwise, I have no alternative than to deny the Certificate of Occupancy. Since T R and J. Be air -, Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com ' South Burlington Planning Zoning New Non -Residential Construction Impact Fees Grand List April 1, 2oo8 :00107.0,� Project Name & Address 33 Commerce Ave. Property Owner John Roth Effective Date TOTAL IMPACT FEE 1 Value of New Construction: Tvue of Construction Type of Use Fireproofed Steel Skeleton or Reinforced Concrete Masonry or Concrete SF Bearing SF Wall Structure Wood Frame Structure SF Pre -Fab Steel Structure SF Industrial/Manufaciuring S6669 S65 S64 Engineering & Research S88 S96 S93 S88 General Office S123 S113 silo S104 Medical Office S133 S71 S69 S67 General Retail 84 S54 S51 S41 Auto Service Facility 84 S81 S78 Elder Care Facility 102 S74 S72 S72 Motel Sprinkler credit? (Enter 1 if yes) Total Value of New Structure: Total Value of New Structure & Contents: Current grand list value of property: Past payments credit: Post construction value of structure & land Future payments credit: Base fee: NET FIRE PROTECTION IMPACT FEE: PM Peak Hour VTEs Past payments credit: Future payments credit: OTHER CREDITS: ROAD IMPACT FEE: 1 $455,100. $455,1001 U.95,100.001 02/27/2008 G. � of South Burlington Grand 1st Page 1 of 1 10:20 am Parcel Report bmcdonough For Parcel: 0435-00033. ROTH FAMILY PARTNERSHIP Name ROTH FAMILY PARTNERSHIP PO BOX 22 WARREN VT 05674 Location 911 33 COMMERCE AVE Tax Map 08-053-000 Codes: (1) (Category)C (Equipment) (Owner)S Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 0.92 Real Land Building Equipment Inventory Values: 455,100 102,000 353,100 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 0 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 455,100 Housesite Special Exmp Grand List 0.00 0.00 4,551.00 Misc: Status: T Bill #: 55855 Updated: 01/17/2008 Last sale was: Invalid on 01/01/1998 for $435000 recorded on 0/0 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 150059000 (8) : N (9): 03/19/01 SPAN: 600-188-15412 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 30, 2007 Joe Verzino 6847 Ellicott Drive East Syracuse, NY 13057 Re: 33 Commerce Avenue Dear Mr. Verzino: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the Administrative Officer on August 30, 2007 (effective 08/30/07). Please note the conditions of approval including that a zoning permit be obtained within six (6) months. Should you have any questions, please contact our office. Sincerely, Betsy lonough Planning & Zoning Assistant Encl. cc: John Roth f . Permit Number SP-�- CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailin address, ph e and fax #) -- K�►-� c�� t� t i Pl rz TN" Lam, L-� �� 0-0 2 L-01Mwi I SX7�ED 2) LOCATION OF LAST RECOR DEED (Book and page 3) APPLICANT (Name, mailing address, phone and fax #) L►fraz,W iq� 33 CoenmweaF Ave. SOU - 411410.�17-01-J WT 4) CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): Scg VeXU^to h8q,7 G=L.Uco 7T be.. 6. sve,acvs� , N��/ yoR�' i3as 7 51g- - q&3 -7333 _ --- 5) PROJECT STREET ADDRESS: -� -;�,! C-,Z7) C-C-�` 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate &PA:i a AID ro, &fPtL-&- U49- .'l0 6Atds-- b) Proposed Uses on property (include description and size of each new use and existing uses to remain) 5A-te A5 o v es' c) Total building square fo on property (proposed buildings and existing buildings to remain) DO d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 5 / e) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees): 14 EMPGnveeS — C3wDzt,.1 1/9-A4ctas g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8) LOT COVERAGE Total Parcel Size:.4/0, jio(J Sq. Ft. a) Building: Existing .74-6 % / �4 sq. ft. Proposed a4. L % 'I_io sq. ft. b) Overall impervious coverage (building, parking, outside storage, etc) Existing 66.4. % / aSS-7.6 sq. ft. Proposed G3. _% / '? S sq. ft. c) Front yard (along each street) Existing% / "0 sq. ft. Proposed .2 -7 % q?S_sq. ft. d) Total area to be disturbed during construction (sq. ft.).- * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ J1SD0.. c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC 0 a) Average daily traffic for entire property (in and out): dAAF ZMA6 b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): -� ` ` x -- 11) PEAK HOURS OF OPERATION: —�— �y 1� Nove 7•'OD l oa PM 12) PEAK DAYS OF OPERATION:__ --e- 13) ESTIMATED PROJECT COMPI.,ETION DATE:_- / 14) ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) J-0C' E-AvY 1-kL,0.Ng,5 ..�D *,A/ 89?-CA,e �PaW,D � �- s le ky 15) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. N URE 77PPLICANT SI ATURE OF P OPEFTY O ER 1, f Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board administrative Officer I have reviewed this site plan application and find it to be: ;J Complete ❑ Incomplete of Planning & Zoning or Designee 4 EXHIBIT A SITE PLAN The following information must be shown on the site plan. Please submit five (5) copies and one reduced copy (11" x 17") of the site plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. o Lot drawn to scale (20 feet scale if possible) o Survey data (distance and acreage) o Contours (existing and finished) o Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the zoning regulations o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping o Existing and proposed curb cuts, pavement, walkways o Zoning boundaries o Number and location of parking spaces (as required under Section 26.25 of the zoning regulations) o Number and location of handicapped spaces (as required under Section 26.253(a) of the zoning regulations) o Location of septic tanks (if applicable) o Location of any easements o Lot coverage information: Building footprint, total lot, and front yard o North arrow o Name of person or firm preparing site plan and date o Exterior lighting details (cut sheets). All lights should be down casting and shielded. o Dumpster locations (dumpsters must be screened) o Bicycle rack as required under Section 26.253(b) of the zoning regulations o If Restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE ❑ Site Plan $ 185* ❑ Amended Site Plan $ 185* Administrative Site Plan $ 85* * Includes $10.00 recording fee 5 �andscape Pro osal PROPERTY MAINTENANCE Bid Number # 07-328 Customer: Liftech Equipment Inc. 33B Commerce St South Burlington, VT 05403 Landscape Removal To Front Office Area: Removal of existing shrubs as per drawings and pictures. 4) 5' x 8' Sea Green Junipers (Juniperus Chinensis) $40.00ea. $160.00 Landscape Installation To Front Office Area: Installation of new shrubs as per drawings. 8) 12" High Juniper Hughes (Juniperus Horizantalis) 2gal. 3) Globe Arborvitae (Thuja Occidentalis) 5gal. 3) Emerald Green/Smargd Spear Arborvitae (Thuja Occidentalis) 5gal 1) Choice Plant Rhododendron "Capistrand/Yellow" 5gal. 4) Cu/yds Spruce Mulch $40.00ea. $320.00 $35.00ea. $105.00 $60.00ea $180.00 $250.00 New Plants Total Value PROPERTY MAINTENANCE 60 Gentes Road Essex, Vermont 05452 802-879-0013 $565.00 0 k��� ' �� �: ,fit? 3:� 4 ��u5 10104 '00 10:54 3IS46369' 1 G ID!LIFTECH HANDLING LIFTGCH HANDLING 1 f I I 1 FAX:802-864-1826 PAGE 2 F-483 T-940 P--003 OCT 04 '00 10:27 rK •• I I I. ! 1 � 1 a t I w c 1 PE a; g r • � I ' ' 1 � I i 1 �1 Z d 9 t 8 0 ON WVN-ll AN 'OZ,unr 45 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: September 27, 2005 \drb\sit\roth_family\site_plan.doc Plans received: September 13, 2005 LIFTECH EQUIPMENT SITE PLAN APPLICATION #SP-05-43 Agenda # 10 Meeting date: October 4, 2005 Owner Property Information Roth Family Partnership Tax Parcel 0435-00033_C P.O. Box 22 Mixed Industrial/Commercial Zoning District Warren, VT 05674 .92 acres Applicant William Keogh Liftech Equipment 33 B Commerce Ave, South Burlington, VT Location Ma f CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\roth Tamil \site lan.doc Liftech Equipment, hereafter referred to as the applicant, is seeking site plan approval to occupy a 9900 sq. ft. building with 4950 sq. ft. of equipment service, sales and rental use, and 4950 sq. ft. of warehouse use, 33 Commerce Avenue. A site plan was originally approved by the South Burlington Planning Commission on July 12, 1988 and a zoning permit was issued on September 1, 1988. The Zoning Board of Adjustment on February 13, 1989 approved a conditional use permit for multiple uses in the building with a condition that "any use must come back before this Board for an administrative review." There is no evidence of any administrative review for any use in this building. Therefore, no uses were ever approved. Staff discovered this defect and requested that the applicant submit this application. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, reviewed the plans submitted on September 13, 2005 and have the following comments. Zoning District & Dimensional Requirements: Table 1. Dimensional Re u. ements Zonin District Re uired Proposed �1 Min. Lot Size 40,000 SF 40,200 SF Max. Buildin Covera e 40% 24.6% Max. Overall Covera e 70% 64% MarIC x. Yard Coverage 30% 27% Min. Front Setback 30' 50' �1 Min. Side Setback 10, 10, Min. Rear Setback 30' >30' zoning compliance SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. There are no changes to the parking areas or pedestrian walkways as part of this proposal. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. There are no changes to the previously approved parking areas as part of this proposal. However, the number of required parking spaces shall be re-evaluated according to proposed use. The use of equipment service, repair and rental requires 2 parking spaces per 1,000 SF GFA. For this proposal, 10 spaces will be required for this use. The use of warehousing, storage and distribution requires .5 � b CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\roth famil \site lan.doc parking spaces per 1,000 SF GFA. For this proposal, 3 spaces will be required for such use. Therefore, a total of 13 parking spaces will be required for this application. A total of 14 spaces are shown on the site plan. This proposal will require one (1) handicapped -accessible parking space. One space is shown on the site plan as handicapped reserved. However, this space does not have the adjacent access aisle five feet wide as required under Section 13.01(1) of the SBLDR. The site plan should be revised to reflect this. I. The site plan shall be revised to depict a five foot wide access aisle adjacent to the handicapped - accessible space. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. There are no changes to the previously approved building height as part of this proposal. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. The applicant has not proposed any additional lighting as part of this application. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The building was originally approved by the South Burlington Planning Commission on July 12, 1988. There are no changes to this criterion as part of this proposal. (fJ Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Again, the building was originally approved by the South Burlington Planning Commission on July 12, 1988. There are no changes to this criterion as part of this proposal. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to require any additional access easements as part of the proposed project. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. 1 CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\roth famil \site Plan.doc Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans show a dumpster on the property, but it does not appear to be screened. 2. The plans shall be revised to depict the dumpster adequately screened, prior to issuance of a zoning permit. (d) Landscaping and Screening Requirements This criterion is not applicable as no new development is proposed. Lighting The applicant has not proposed any additional lighting as part of this application. As previously noted, if any lighting is proposed, staff approval will be required. Access/Circulation Access to the subject property is currently provided via an access easement from Commerce Avenue. No changes to this access are proposed as part of this application. There are no changes to circulation as part of this application. Traffic Traffic impact fees were paid at the time of the initial subdivision of the overall area. No further fees are required. This lot is outside of any traffic overlay districts and is not subject to a traffic budget. Other The equipment service, sales, and rental use is proposing to use a five (5) foot strip in front of the parking lot along Commerce Avenue for equipment display. Staff recommends that the South Application #SP-05-43, conditional "Comments" section of this document. Respectfully submitted, Burlington Development Review Board approve Site Plan upon the applicant addressing the numbered items in the Cathya n LaRose, Associate Planner Copy to: William Keogh, Liftech Equipment, Applicant CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 27, 2005 William J. Keogh 2620 Curry Road Schenectady, NY 12303 Re: 33 Commerce Avenue Dear Mr. Keogh: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, October 4, 2005 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDo ough Planning & Zoning Assitant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 September 26, 2005 h Roth Family Partnership ' 1 - -Po Bow 2 --- - - - - - --- -- -- - m ---- -- -- - - ----- - - ---- ------ ------------l-------- Warren, --- VT 05674 Dear Property Owner: Enclosed is a draft agenda for the September 6, 2005 Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, G Betsy McDonough Planning & Zoning Assistant Encl. cc: William J. Keogh CITY OF SOUTH BURLINGTON ) DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 September 26, 2005 John Belter, Jr. -- 2 Country Club Drive_ - ----------- ------------------ ------ South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the October 4, 2005 Development Review Board meeting. It includes a proposal for development that abuts your property. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy cDonough Planning & Zoning Assistant Encl. l' EM ® t,riLOr3E� f}(�goQViTl�F. ® EMERA[-D C kE�n�S�i+[2J T4N pEC augHE3 [d- P,qH j�oTogfDRww� NOV t , [ `J �EMS Ia- M W � i�pje^w�ww< � CSC V I N r b 5 3o` � T :Y-e e t�D,( MAGN @ Y 1 C AcR EA6 a 46, 200 3o,(f = 0.92 oc,e65 TR4� /V py= 27 335.vo_. SNn{ K � N 93rtnQsa H �o O N D 0 i P NIP 1, I � ITCH "Lo" CO s o 9, a � •c4�E o0 1 D5�-0.g LQT r-wsw A•GE To'rA L. 4-0, ZDO o 15 99oo 1,5 (.-1(. D �D4 � covEw,aC,� ILI-rA2 L-16r.7IIV(b (4) �� "'STe7Gs F-DcE �4�MP ------------ 5No1y' •� �� To CH4jM Li le- -VT, L LC O = STEEL MCD GOQ?4F-iPIP` Gk f, PLI I i GJTE PLAnI Lo T 30 P,QTH FA-MW-( PAI2TNEfLSH�D E-THAN AsLLEf.I lNl)tfSTIZIAL. PA•12.1Z DF-AIMM 13`( SOHNI GZ,67H L. S. 162 MA\( 2DD5 p ZO 40 ro0 so /Oa Fet7 r I `3 ro2,yGc t 13 0 ll � ry l o � �IJ M 'o srde,w,�r i � K h 5LWE n F <dH AA 13s-Cl+an CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 5, 2005 William J. Keogh 2620 Curry Road Scenectady, NY 12303 Re: 33 B Commerce Avenue Dear Mr. Keogh: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Administrative Officer on 10/4/05 (effective 10/4/05). If you have any questions, please contact me. Sincerely, 1�16A �@&* Betsy McDonough Planning & Zoning Assistant Encl. CERTIFIED MAIL 7003 3110 0001 3598 5770 Permit Number SP--� CITY OF SOUTH BUPLINGTON APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (NaiAe as,shown on deed, mailing address, phone and fax #) 7Y �Mff.� 2) LOCATION OF LAST RECORDED DEED (Book and page 3) APPLICANT (Name, mailing address, phone and fax #)__(Az 4) CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, 5) PROJECT STREET ADDRESS: 34,3 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 7) PROJECT DESCRIPTION a) Existing Uses on Property b) Proposed Uses on uding description and size of each separate (include description and size of each new use uses to c) Total building square footage on property (proposed buildings and existing buildings to remain) d) Height of building & number of floors (propoled buildings and existing buildings to remain, specify if basement and mezzanine) e �1. 5 e) Number of residential units (if applicable, new units and existing units to remain) 1 f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees): 46 4&v%p d V-GL- U Comp QA q Vi G f g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8) LOT COVERAGE Total Parcel Size: A6Q Sq. Ft. ?, W) a) Building: Existing a W 4 % / sq. ft. Proposed J(J, (p __% / sq.ft. b) Overall impervious covera e (building, parking, outside storage, etc) Existing(0J% / sq. ft. Proposed 4Ao% / sq. ft. // C c) Front yard (along each street) Existing % / (o J sq. ft. Proposed °/sq. ft. d) Total area to be disturbed during construction (sq. ft.) * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES a) Building (including interior renovations): $ 0 b) Landscaping: 0 c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): v2 C. CA- dtN b) A.M. Peak hour for entire property (in and out): O� c) P.M. Peak hour for entire property (In and out): 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 14) ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) —J0 2 6.140 14101 is 704r1 i9e./Ch-cr 117A'pC*1Gee4474, pf)o-t- * sv/°,°/r 15) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 3 Permit Number SP- 1 Page 5 of 6 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SI ATURE 40F APPLICANT Do not write below this line DATE OF SUBMISSION: I REVIEW AUTHORITY: .»T000V evelopmDReviewrd Planning & Zoning I have reviewed this site plan application and find it to be: ?!TCOOA Complete ?TCOCV> Director, ?TCOCV> Incomplete for of Planning & Zoning or Designee 1 11�w--- Date http://sburl.com/docs/siteplan.htm 1/10/2005 Page 1 of 1 Ray Belair From: Keogh, Bill [bkeogh@liftech.com] Sent: Friday, September 16, 2005 10:15 AM To: Ray Belair Subject: Addresses Ray, I owe you addresses for abutters. They are as follows Joe Eddy Holdings, LLC 12 Liberty Lane Colchester, VT 05446 (owns 41 Commerce) John Belter Jr. 2 Country Club Drive So. Burlington, VT 05403 (owns 27 Commerce Drive) Independent Pipe 25 Commerce Avenue So. Burlington, VT 05403 See you on Oct 4. Thanks for your help on this project Bill 9/ 16/2005 State of Vermont LAND USE PERMIT AMEMDMENT CASE NO.: APPLICANT: �_v Mil ADDRESS: 45 Winding Brook S. Burlington, VT 05403 AND John Belter, Jr. 2 Country Club Drive S. Burlington, VT 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A., CHAPTER 151 (Act 250) and Vermont State Environmental Protec- tion Rules Chapter 4, Public Buildings Chapter 7, Sewage Chapter 8, Water District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4CO643-4, pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 214, Page 83, of the land records of South Burlington, Vermont, as the subject of a deed to John Belter, Jr., the "Permittee as grantee." This permit specifically authorizes the Permittee to construct a 9,900 square foot commercial building, to utilize municipal sewer and water, in the Ethan Allen Farms subdivision located off Ethan Allen Drive in South Burlington, Vermont. The Permittee and assigns and successors in interest, are obligated by this permit to complete, operate, and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4CO643 and amendments are in full force and effect, except as amended herein. 2. The project shall be completed, operated and maintained as set forth in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. Page 2 Land Use Permit Amendment #4C0643-4 3. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit. 4. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees for himself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. 5. The project is approved for the following maximum cumulative impacts: 30 vehicle parking spaces, 450 gallons per day of water and wastewater, 48 vehicle trips per day, 15 peak hour vehicle trips. 6. This permit hereby incorporates all of the conditions of the Public Building Permit #PB-4-1505 issued on July 20, 1988 by the Regional Engineer, Division of Protection, Department of Environmental Conservation, Agency of Natural Resources. Conditions #2, #5, #61 #7, and #8 of this permit are as follows: 2. The project shall be completed as shown on the plans Drawing Number 1 "Proposed 9900 Square Foot Speculative Building Lot 30" dated 5-25-88 prepared by R.E.M. Dev. Co. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. 5. The Vermont Department of Health is to be contacted in regard to any regulations and/or licenses required by their department. 6. The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. Page 3 Land Use Permit Amendment #4C0643-4 7. The project is approved for wastewater disposal by connection to the South Burlington municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Division of Protection, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 8. The Project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 450 gallons of sewage per day. 7. The Permittee shall apply and maintain calcium chloride and/or water on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 8. The building approved herein is not approved for any manufacturing use or the on -site disposal of any process wastes. The Permittee shall apply and receive approval for any change in the use of the buildings which involves the storage or handling of any regulated substances or the generation of hazardous wastes. 9. The installation of floor drains is specifically prohibited without the prior written approval of the District Environmental Commission. 10. The Permittee shall apply to the District Environmental Commission for approval for any change in the use of the building and land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes into the soils. 11. The Permittee and all assigns and successors in interest shall install and maintain water conserving plumbing fixtures. The plumbing fixtures shall operate with the following specifications: 1) internal system water pressure of 50 psi maximum, 2) toilets with a maximum of 3.5 gallons per flush, 3) showerheads operating with a maximum of 3 gallons per minute, and 4) faucets on sinks and lays shall operate at a maximum of 3 gallons per minute. An alternative water conservation plan may be presented to the Commission for approval before implementation. The approved alternate shall be implemented and maintained by the Permittee for the duration of the permit. Page 4 Land Use Permit Amendment #4CO643-4 12. The Permittee shall comply with Exhibit #5 and #15 for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans prior to commencement of construction. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All disturbed areas of the construction site shall be stabilized, seeded and mulched within 1 to 14 days of initial disturbance, and prior to October 1, to ensure proper stabilization of disturbed soils. All erosion control devises shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The District Environmental Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate and impose additional conditions with respect to erosion control as they deem necessary. 13. In addition to conformance with the requirements of condition #12 the Permittee shall not cause, permit, or allow the discharge of waste materials into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. 14. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #6 by replacing any dead or diseased plantings as soon as seasonably possible. 15. All exterior lighting shall be installed no higher than 20 feet above grade level, and shielded in such a manner as to conceal light sourves and reflector surfaces from view beyond the perimeter of the area to be illiminated. Approved lights are limited to those depicted in exhibit #11. 16. No exterior signs shall be installed without the prior written approval of the District Environmental Commission. 17. All heated structures approved herein shall be constructed with insulation to comply with the ASHRAE 90-80 standards. 18. The exterior of the building will be in earth tone shades, and the roof shall be of a dark, non -reflective material. 19. The installation and or use of electric resistance spaceheating is specifically prohibited without the prior written approval of the District Environmental Commission. Page 5 Land Use Permit Amendment #4CO643-4 20. The Permittee shall reference the requirements and conditions imposed by Land Use Amendment #4CO643-4 in all deeds to the permitted building. 21. All construction on this project must be completed by October 15, 1989. 22. The permit shall expire on October 15, 2019 unless extended by the District Environmental Commission. Notwithstanding, this permit shall expire one year from date of issuance if the Permittee has not demonstrated an intention to proceed with the project. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, Vermont, this day of 4 Qus (% , 1988. rl�rt� I t -'- kl" ar fie au s-Pu Assista t District Coordinator By Ev n Arch hairman District #4 fission Commissioners participating in this decision: Lynn Whalen Helen Lawrence X H I 8 T N O. 2 3 4 5 6 7 8' 9 10 11 •12 13 14 15 16 . A APPLICANT 1 #4C0643-4 D R E A E N T ■ TOWN T C T TPC ■ TOWN PLANNING COMMISSION E E E RPC a Regional Planning Commission I R AEC w Agency of Environmental Conservation E D D 13 Y NATURE OE EXHIBIT .'Dat• Entered 6/21/88 I ffl 7/12/88 7/25/88 AEC Application form (6/20/88).• Certificate of Service and Cost'-form.(6/17/88) Notice- Commencement of Construction requires a permit (6/20/88) Public'Building Permit application (6/17/88) Schedule B Act 250 application (6/17/88) Plan: Plot plan & planting by REM Dev. Corp. dwg. No. 1 (5/25/88) Plan: Floor plan, Elevations & Details by same dwg. No. 2 (5/25/88) Cut -sheet - light Letter: Municipal Sewer Letter:'Munieipal Water Revised lighting (7/12/88) Letter: Police Letter: from Velco about easement (7/21/88) Letter:'from GMP about easement (7/18/88) Document: Erosion Control - Public Building Permit State • is Buildinc of Vermont Permit CASE NO. PB-4-1505 APPLICANT John Belter, Jr. ADDRESS 2 Country Club Drive South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED i Chapter 4, Public Buildings This project, consisting of constructing a 9,900 square foot building on Lot 30 of the subdivision previously approved in Subdivision Permit EC-4-1183-1 located off Ethan Allan Parkway in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4C0643-4. GENERAL (1) This permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) The project shall be completed as shown on the plans Drawing Number 1 "Proposed 9900 Square Foot Speculative Building Lot 30" dated 5-25-88 prepared by R.E.M. Dev. Co. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. (4) All conditions set forth in Subdivision Permit No. EC-4- 1183-1 dated June 15, 1988, shall remain in effect except as modified or amended herein. (5) The Vermont Department of Health is to be contacted in regard to any regulations and/or licenses required by their department. (They may be reached at 60 Main Street, Burlington, Vermont, or by phoning 802-863-7220). WATER SUPPLY (6) The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. SEWAGE DISPOSAL (7) The project is approved for wastewater disposal by connection to the South Burlington municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Division of Protection, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. • Public Building Permit PB-4-1505 Page 2 (8) The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 450 gallons of sewage per day. Patrick A. Parenteau, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this Z17/h day of �212e�l 1988. EPC/kaa cc: Donald Robisky City of South Burlington Louis Borie Dept. of Health Dept. of Labor and Industry R.E.M. Dev. Co. Timothy Miller PLANNING COMMISSION 12 JULY 1988 The South Burlington Planning Commission held a regular meeting on Tuesday, 12 July 1988, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Peter Jacob, Chairman; William Burgess, Catherine Peacock, Mary -Barbara Maher, John Belter, Ann Pugh, William Craig Also Present Joe Weith, City Planner; Sid Poger, The Other Paper; Patrick Brennan, Ken Desmond, Lance Llewellyn, Ron Weber -Jones, Steve Incavo, Mr. Myott, Ann Hong, 1. Discuss intersection improvements Mr. Jacob noted the city has some money and wants to know which intersections the Commission thinks should be top priority. Hinesburg Rd/Kennedy Drive and Kennedy Drive/ Williston Rd. were mentioned. Mrs. Maher noted a right turn lane eastbound at Kennedy/Hinesburg would relieve traffic back-ups. She noted she had received a call from the President of Manor Woods who said a lot of older people cross the road a lot and Manor Woods would be willing to pitch in for a light that would be synchronized with the corner. Mr. Jacobs felt it was too close to the corner light. Mr. Craig said a third lane westbound on Kennedy Dr. at Dorset St. was also worthy of mention. He asked if there is a way to quantify by number of accidents or level of service the most important areas of concern. Mr. Jacob suggested asking the Police and also Craig Leiner for help in this. Mr. Jacob then official/ welcomed Mr. Craig to the Commission. 2. Revised site plan applicationof Tim Miller for construction of a 9,900 sq. ft. building, lot #30, Ethan Allen Drive Mr. Belter stepped down during this discussion. It was noted that the original drive on Commerce Street will not be used and access has been moved to be off the private drive. This allows for 23% front yard coverage. The Fire Chief and City Engineer have no problem with this. Mr. Belter noted this is his road which will provide access to the rear lots, and he has no problem giving Mr. Miller access. Mr. Weith noted the private drive was approved during subdivision. Mrs. Maher asked about intersection im- provements. Mr. Belter said they are being done now and will have been completed before Mr. Miller gets his permit. PLANNING COMMISSION 12 JULY 1988 PAGE 2 Mr. Weith asked about sewer allocation fees. Stipulation 8 of the Belter subdivision says Mr. Belter is required to pay for the total sewer fees before Mr. Miller gets his permit. Mr. Belter noted Mrs. Lafleur had said he could pay on a per lot basis as each lot came in because he could not know the size of the building until something is approved for a lot. Ms. Peacock moved the Planning Commission approve the site Plan application of Timothy Miller for construction of a 9,900 sq. ft. building for mixed commercial/industrial uses on lot #30 of the Ethan Allen Farms Industrial subdivision as depicted on a plan entitled "Proposed 9,900 sq. ft. Specula- tive Building lot 30" prepared 12y R.E.M. Development Company, dated 5 25/88 (revised 7788) with the following stipulations: 1. A $5,300 landscaping bond shall be posted prior to permit. 2. If the building is used as a garage, any floor drains shall be connected to a grit and grease trap. �3_. Surface drainage shall be toward the swale to the south. 4. An $880 traffic impact fee shall be paid prior to permit. 5. A sewer allocation fee of $1125 shall be paid prior to Permit. This includes a sewer allocation of 450 gpd. Cam. The intersection improvements outlined in the letter of 9/3/87 from Jane Lafleur to John Belter shall be completed prior to permit. (7 The building permit shall be obtained within 6 months or this approval is null and void. Mr. Burgess seconded. Motion assed'unanimously. Mr. Belter resumed his seat on the Commission. 3. Site plan application of Ken Desmond for construction of a 14,087 sq. ft. building for mixed office/warehouse use, lot #6, Green Tree Park Drive Mr. Desmond said he will move one business from Williston and rent part. He eventually hopes to have the building just for his business. The Zoning Board has granted a multiple use approval. He described the building as "upscale" level of architecture, with no metal fabricated buildings allowed in the park. There will be an overhang across the whole front with crushed r CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) _John Belter Jr__ 2 Countryclub Dr., So. Burlington, VT 05403, 863-4471 (Tim Miller Optionee) 2) APPLICANT (name, address, phone #)- Timothy Miller 45 Winding Brook, So. Burlington, VT 05403, 879-0990 3) CONTACT PERSON (name, address, phone #) Same as above 4) PROJECT STREET ADDRESS: Lot #30 , Ethan Allen Farms Industrial Subdivision 5) LOT NUMBER (if applicable) Lot #30 6) PROPOSED USES) Commercial / Industrial 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) Total building square footage 9,900, maximum height 19' 8) NUMBER OF EMPLOYEES 30 9) LOT COVERAGE: building 2_3%; landscaped areas 48 % building, parking, outside storage52 % 10) COST ESTIMATES: Buildings $176,000 , Landscaping $-,00_0__ Other Site Improvements (please list with cost) $ Grading—,Q00.00 _-paving_ 2,000.00, topsoi 1& seed -ing_-$5,000.00- 11) ESTIMATED PROJECT COMPLETION DATE: -October 5th, 1988 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) 30 Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon_____; 1'L-lp.m. 1-2 p.m. 2-3 p.m. 3-4 p.m. 4-5 p.m._____; 5-6 p.m.__ 6-7 p.m. - 1 3) PEAK HOURS OF OPERATION : 7 : 00 AM - 5 :00 PM 14 ) PEAK DAYS OF OPERATION: Monday - Friday DATE OF SUBMISSION SIGNATURE OF APP1, 1 CANT - DATE. OF HEARING PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 July 8, 1988 Mr. Timothy Miller 45 Winding Brook South Burlington, Vermont 05403 ZONING ADMINISTRATOR 658-7958 Re: Lot *30, Ethan Allen Farm Industrial Subdivision Dear Mr. Miller: Enclosed are the agenda item and my comments to the Planning Commission. Also enclosed are Fire Chief Goddette's comments. Please be sure someone is present on Tuesday, July 12, 1988 at 7:30 P.M. to represent your request. Sincerely, oe Weith, City Planner JW/mcp Encls Memorandum - Planning June Z4, lugn Page 2 with a 29 foot aisle at the tightest spot. Parking: The plans show 71 parking spaces. Most are tightly grouped for display except for 8 in front of the building. Zoning requires that 8 parking spaces be provided for customers. I assume the 8 spaces in front of the building will be reserved for customers. Landscaping: A $2,700 landscaping bond and plan is required. The plan shows 1 1/2 inch honey locust, 3 types of juniper, burning bush and cottoneaster. The landscaping plan appears to meet the $2,700 landscaping requirement. Other: City policy requires a 5,foot buffer between the property line and parking areas to allow an area for snow storage. The plan shows only a 2' buffer between the parking lot and much of the east property line. Mr. Precourt, the adjoining property owner to the east, has approved Mr. Couillard's plan and can see no need for a fence or other type of buffer along the common property line (see attached letter). See Bill Szymanski's and Chief Goddette's comments. 4) TIM MILLER, LOT #30, ETHAN ALLEN FARMS, INDUSTRIAL SUBDIVISION Mr. Tim Miller proposes to construct a 9,900 square foot building for commercial/industrial use. It appears the building will be multiple use, which will require approval by the Zoning Board. Ae-,,ue- Access: Access is shown from both Commerce- and a private drive running along the west property line. The plan shows a 15 foot wide drive from Commerce Street and a 26 foot wide drive from the private drive. The Zoning Ordinance requires a 20 foot minimum driveway width for commercial development. Circulation: Circulation is shown in front of and in back of the building. No circulation is available on the sides of the building due to the narrowness of the lot and width of the building. Parking: The proposed uses require 20 parking spaces assuming 30 employees and company vehicles. The plan shows a 13 space paved parking lot in front of the building and a 17 space paved parking 2 r Memorandum - Planning June 24, 1988 Page 3 lot in the rear of the building, These 30 spaces would be sufficient making a total of 30 spaces. landscaping: The building requires $5300 in landscaping. The plan shows sugar maples, linden, birch clumps, flowering crab, lilac bushes, hetz juniper, burning bushes, dogwood and potentillas, which meets the $5,300 landscaping requirement. The proposed plan does not meet the zoning requirement that a maximum of 30% of the required front yard area be devoted to driveways and parking. The plan shows 49% of the front yard area devoted to driveways and parking. Sufficient open spaces exists on the rear of the lot to allow the building' and front parking lot to be moved back in order to meet this requirement. This must be revised. Setbacks: The private drive running along the west side of the property was approved by the Planning Commission as a private roadway to serve lots 39 & 40. Since this is a private drive, the building's proposed 15 foot setback meets zoning requirements. However, if this roadway were ever to become a public street, the proposed building would become a non- conforming structure since buildings on corner lots must have a side yard setback of 30 feet. Intersection Improvements: Mr. Belter agreed to complete four intersection improvements prior to permit for any of these lots. Also, each lot developer must pay $880 per lot at time of building permit for a share of long range improvements to this dangerous intersection. These fees also were agreed to by John Belter and the City. (See letter of September 1, 1987) Other: See Bill Szymanski's and Chief Goddette's comments. A sewer allocation of 450 gpd will be needed and will be deducted from John Belter's allocation for the entire subdivision. The $2.50 per gallon fee must be paid prior to permit. 6) CUPOLA GOLF COURSE, QUARRY HILL ROAD (Comments prepared by Jane Lafleur) Ralph Deslauriers has submitted a new sketch plan that shows a subdivision of the 26 + acre Cupola Golf Course property into four C-1 lots, a hotel lot and an R-7 lot. (These are not 3 M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: July 12, 1988 agenda items Date: July 8, 1988 2) DISCUSSION OF INTERSECTION IMPROVEMENTS Peter Jacob informed me that there may be some monies available for intersection improvements. The purpose of this agenda item is to discuss needed intersection improvements and determine which intersections are in greatest need of immediate improvements. 3) TIM MILLER.LOT #301ETHAN ALLEN FARMS, INDUSTRIAL SUBDIVISION Mr. Tim Miller is returning to the Planning Commission with a revised plan for construction of a 9,900 square foot building for commercial/industrial use. At Mr. Miller's first meeting with the Planning Commission (6/28/88), the Planning Commission determined that the plan did not meet front yard coverage requirements and, as a result, denied approval of the site plan. Front Yard Coverage: Mr. Miller has scaled down the proposed parking in the front of the building in order to meet the 30% maximum front yard coverage requirement. The revised plan shows a front yard coverage of approximately 23%. Access: The revised plan shows access for the front parking lot from the private drive. The original plan showed this access from Commerce Avenue. In order for the plan to meet both front yard coverage requirements and Chief Goddette's concerns that sufficient paved area be provided in front of the building, I suggested to Mr. Miller that access be provided as shown. Mr. Szymanski and Chief Goddette approved this layout. Parking: The proposed uses require 20 parking spaces assuming 30 employees and company vehicles. The plan shows a 6 space paved parking lot in front of the building and a 17 space paved parking lot in the rear of the building, making a total of 23 spaces. These 23 spaces would be sufficient. landscaping: The building requires $5300 in landscaping. The plan shows sugar maple, linden, birch clumps, flowering crab, lilac bushes, hetz juniper, burning bushes, dogwood, potentillas 1 I Memorandum - Planning July 12, 1988 agenda items July 8, 1988 Page 2 and red pine. The landscape plan meets the $5,300 landscaping requirement. Intersection Improvements: Mr. Belter agreed to complete four intersection improvements prior to permit for any of these lots. Also, each lot developer must pay $880 per lot at time of building permit for a share, of long range improvements to this dangerous intersection. These fees also were agreed to by John Belter and the City. (See letter of September 1, 1987) A sewer allocation of 450 gpd will be needed and will be deducted from John Belter's allocation for the entire subdivision. The $2.50 per gallon fee must be paid prior to permit. 4) KEN DESMOND, GREEN TREE PARK, SHUNPIKE ROAD Mr. Ken Desmond proposes to construct a 14,087 square foot flex building for mixed office/warehouse use. He is proposing a maximum of 3 units depending on the needs of prospective tenants. If the building is designed to house more than one tenant, approval by the Zoning Board for multiple use will be required. Access/Circulation: Access is shown from a 27 foot wide driveway off of Green Tree Drive. Circulation is shown around the entire building. The drive around the south and west side of the building ranges from 19 to 28 feet .wide. The drive along the east side of the building ranges from 12 to 30 feet wide. A large 57 foot wide paved area is proposed in the rear of the building (north side) with 3 loading docks. Parking: The proposed uses require 13 spaces assuming 19 employees. The plan shows a 24 space parking lot. This should be sufficient. The plan also shows an area designated for 10 future spaces in the event more spaces are needed. Zoning regulations require 24 foot wide parking aisles serving double rows of parking. The plan shows only a 22 foot wide parking aisle. Landscaping: The building requires $13,000 in landscaping. As a condition of approval for the final plat application of the Green Tree Park subdivision, the subdivider was required to plant 6 Austrian Pine, 34 Rugosa Rose and 2 Marshall's Seedless Ash as shown on the plan on lot #6 (see enclosed minutes). As a condition of site plan approval for this development, $13,000 of 2 I STATE OF VERMON'T AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE TIMOTHY MILLER AND JOHN ER, SO. BURLINGTON. To constr q. ft. commercial building to utilize municipal sewer and water in the Ethan Allen Farms sub- division. DISTRICT ENVIRONMENTAL COMMISSION IV APPLICATION 4C0643-4 August 4, 1988 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Natural Resources, State of Vermont, in the above -captioned matter. PRE -HEARING COMMENTS CRITERION 1. GROUNDWATER. The Hazardous Sites Management Section notes that this subdivision is located approximately 2000 feet northwest of the former Vermont Air National Guard Fire Department training area/old landfill hazardous waste site. The site was used by the Vermont Air National Guard for the disposal of JP-4 jet fuel, waste oils, solvents and cleaners from 1960-1980. Groundwater contaminated with volatile organic compounds (VOC) has been documented on -site in studies conducted by the Department of Defense in 1983 and 1984. The studies show potential for off -site migration of VOC's. Further site assessment work is scheduled this fall to better define the extent of contamination. The applicant should oe aware that the contamination is located hydraulically upgradient from this project site. If there are questions on this, please call John Strunk of the Hazardous Sites Management Section at 244-8702. CRITERIA 1 AND 4. SOIL EROSION. The findings of fact for Land Use Permit #4C0643-3 state that the erosion control measures to be employed during the development of individual lots shall be reviewed through amendment applications on the use of those lots. The application provides no contour information or site -specific erosion control information. The Water Quality Division suggests that the District Commission request the applicant to submit a site specific grading and erosion control plan for review. CRITERION 9(F). ENERGY CONSERVATION. Dave Lamont of the Department of Public Service (828-2811) requests that the applicant contact him to submit information regarding energy efficiency (including insulation, lighting, and mechanical systems) and that the District Environmental Commission delay issuance of the Land Use Permit until assurance is given that this criterion has oeen met. I hereby certify that a copy of the foregoing Agency ENTRY OF APPEARANCE and PRE -HEARING COMMENTS was sent by U.S. Mail (postage prepaid) to all statutory parties. Done on this 4th day of AUGUST, 1988 at Waterbury, Vermont. Respectfully submitted, Agency of Natural Resources by Peg -E3mer Assistant to the Secretary cc; All Parties A FOi4 You,?UyrpRQ4T/0 N NOTICE OF APPLICATION AND HEARING ACT 250 MINOR APPLICATION #4CO643-4 10 V.S.A., CHAPTER 151 tion Notice filedy hereby given that on July 11 1988 an a Burlin ton Timothy Miller, 45 Windin Brook PPlica- 9 , Vermont, and John Belter, Jr. 2 South � Countr foot commercial buildin � to construct a 9,9001 Drive, South Burlington, Vermont, in the Ethan Allen Farms subdivision located lize aOff eE h and water, Drive in South Burlington, Vermont. The District Environmental Commission willthan Allen plication under Environmental Board Rule 51 - treat this a- tions (amended effective 9/1/84 � A - Minor Applica- tions b ) proposed as been y the commission and is available at the Findings of Fact and Conclusions of Law will not be prepared unless a public hearing is requested. shall state in writing with specificit The request required and what additional evidence willybe hearing is will bpresented. o hearing N No e convened unless a party notifies the CommissionnorrthefCoe August e the matter for hearing on its own motion. If a timelon sets y hearing request is received, the hearing August 15, 1988. Parties entitledto be convened re tor hebefore municipality, the municipal Planning participate are the Planning commission 9 commission, the regional and persons • state agencies, adjoining property owners, granted party status pursuant to Board Rule 14(B) Dated in Essex Junction this day of By Ca C_4eittuh -ugh Astant District Coordi- nator 111 West Street Essex Junction, VT 05452 879-6563 ibState of Vermont is Building Permit LAWS/REGULATIONS INVOLVED CASE NO. PB-4-1505 Chapter 4, Public Buildings+ APPLICANT John Belter, Jr. ADDRESS 2 Country Club Drive South Burlington, VT 05403 This project, consisting of constructing a 9-900 square foot building on Lot 30 of the subdivision previously approved in Subdivision Permit EC-4-1183-1 located off Ethan Allan Parkway in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case " !lumber 4CO643=4. GENERAL (1) This permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) The project shall be completed as shown on the plans Drawing Number 1 "Proposed 9900 Square Foot Speculative Building Lot 30" dated 5-25-88 prepared by R.E.M. Dev. Co. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. (4) All conditions set forth in Subdivision Permit No. EC-4' 't•, 1183-1 dated June 15, 1988, shall remain in effect except as . •' modified or amended herein. 4 (5) The Vermont Department of Health is to be contacted in regard to any regulations and/or licenses required by their } department. (They may be reached at 60 Main Street, Burlington, Vermont, or by phoning 802-863-7220). WATER SUPPLY (6) The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. SEWAGE DISPOSAL (7) The project is approved for wastewater disposal by connection to the South Burlington municipal sewer system. No other method of wastewater disposal shall be allowed , without prior review and approval by the Division of Protection, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. ;' Public Building mit PB-4-1505 Page 2 (8) The project is approved for connection to the South' Burlington Airport Parkway wastewater treatment facility for a maximum of 450 gallons of sewage per day. Patrick A. Parenteau, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this Z-OAC day of 1988. EPC/kaa cc: Donald Robisky City of South Burlington Louis Borie Dept. of Health Dept. of Labor and industry R.E.M. Dev. Co. " Timothy Miller J�"' illy IPA STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 111 West Street Essex Junction, Vermont 05452 879-6563 TO: All Parties FROM: Carrie Mauhs-Pugh Assistant District #4 Coordinator DATE: July 18, 1988 RE: Land Use Permit Amendment #4C0643-4 Timothy Miller 45 Winding Brook S. Burlington, Vermont 05403 AND John Belter, Jr. 2 Country Club Drive S. Burlington, Vermont 05403 Enclosed for your review is a copy of the proposed land use permit for the above referenced project. As indicated in the Notice of Application and Hearing, this application is being processed as a "Minor" pursuant to Environmental Board Rule 51 (as amended on September 1, 1984) and no hearing will be held unless specifically requested. Any hearing held at the request of a party would only be for the purpose of considering issues raised by the requesting party under the appropriate criteria of Act 250. Because this proposed permit has been prepared based upon consultations with only the Chairman of the District Commission, it is subject to further revision or amendment after review by the full District Commission. The District Commission will not issue a Land Use Permit in this case until the applicant has filed a Public Building Permit, letters from Vermont Electric Company and Vermont Gas indicating their review and approval that construction on Lot #30 will have no impact on their easement, and a Discharge Permit or indication that one is unnecessary. plan showing erosion control measures, and a revised lighting plan. The 60 day deadline for issuance of a Land Use Permit set forth in 10 V.S.A. 6085(d) shall be deemed waived until such information is filed, unless written objection is filed with the Commission on or before August 8, 1988. If you have any questions regarding this proposed permit or the "Minor" application procedure being used to process this application do not hesitate to contact me at the District Office. State of Vermont LAND USE PERMIT AMEMDMENT This is a Proposed Permit, please submit your comments by August 8, 1988. CASE NO.: 4CO643-4 APPLICANT: Timothy Miller ADDRESS: 45 Winding Brook S. Burlington, VT 05403 AND John Belter, Jr. 2 Country Club Drive S. Burlington, VT 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A., CHAPTER 151 (Act 250) and Vermont State Environmental Protec- tion Rules Chapter 4, Public Buildings Chapter 7, Sewage Chapter 81 Water District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4CO643-4, pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 214, Page 83, of the land records of South Burlington, Vermont, as the subject of a deed to John Belter, Jr., the "Permittee as grantee." This permit specifically authorizes the Permittee to construct a 9,900 square foot commercial building, to utilize municipal sewer and water, in the Ethan Allen Farms subdivision located off Ethan Allen Drive in South Burlington, Vermont. The Permittee and assigns and successors in interest, are obligated by this permit to complete, operate, and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4CO643 and amendments are in full force and effect, except as amended herein. 2. The project shall be completed, operated and maintained as set forth in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. Page 2 Land Use Permit Amendment #4CO643-4 3. The District Environmental Commission maintains contin Jurisdiction during the lifetime of the uinq Periodically require that the Permit and may certifying that the Permit holder file an affidavit maintained in accordanceewithstheiterms mofethe � operated and permit. 4. By acceptance of the conditions of this the Permittee confirms and agrees for himselftandtalltassignl� successors in interest that the conditions of this run with the land and the land uses herein assigns and rbindingPermit shall upon and enforceable against the Permitteeeandaallwill be assigns and successors in interest. 5. The project is approved PPrOved for the following maximum cumulative 30 vehicle parking spaces, 450 gallons per day Of water and wastewater, 48 vehicle trips per day, 15 peak hour vehicle trips. 6• This permit hereby incorporates all of the conditions o Subdivision/Public Building Permit # issued on f the Regional Engineer, Division of Protection, Department of by the Environmental Conservation, Agency of Natural Resources. Conditions of this permit are as follows: 7. The Permittee shall apply water on all roadwaysrdisturband t edareas ain awithin ethe pro and/or during construction and until pavement and/or vegetation established to control dust. fully 8• The building approved herein is not approved manufacturing use or the on -site disposalof any any The Permittee shall apply and receive a Y Process wastes. the use of the buildings which involvespthevstorageaor handle in of any regulated substances or the generation of hazardous ling wastes. 9. The installation of floor drains is specifically without the prior written approval of the District Commission. mental 10. The Permittee shall apply Commission for a alf to the District Environmental approval for any change in the use of the building and land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes into the soils. Page 3 Land Use Permit Amendment #4CO643-4 11. The Permittee and all assigns and successors in interest shall Install and maintain water conserving plumbing fixtures, including but not limited to low -flush toilets, low -flow showerheads, and aerator type or flow restricted faucets. All leases and deeds shall require the maintenance of the same. 12. The Permittee shall comply with Exhibit #5 for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans prior to commencement of construction. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All disturbed areas of the construction site shall be stabilized, seeded and mulched within 1 to 14 days of initial disturbance, and prior to October 1, to ensure proper stabilization of disturbed soils. All erosion control devises shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The District Environmental Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate and impose additional conditions with respect to erosion control as they deem necessary. 13. In addition to conformance with the requirements of condition #12 the Permittee shall not cause, permit, or allow the discharge of waste materials into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. 14. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #6 by replacing any dead or diseased plantings as soon as seasonably possible. 15. All exterior lighting shall be installed no higher than 20 feet above grade level, and shielded in such a manner as to conceal light sourves and reflector surfaces from view beyond the perimeter of the area to be illiminated. Approved lights are limited to those depicted in exhibit #11. 16. No exterior signs shall be installed without the prior written approval of the District Environmental Commission. 17. All heated structures approved herein shall be constructed with insulation to comply with the ASHRAE 90-80 standards. Page 4 Land Use Permit Amendment #4CO643-4 18. The exterior of the building will be in earth tone shades, and the roof shall be of a dark, non -reflective material. 19. The installation and or use of electric resistance spaceheating is specifically prohibited without the prior written approval of the District Environmental Commission. 20. The Permittee shall reference the requirements and conditions imposed by Land Use Amendment #4CO643-4 in all deeds to the permitted building. 21. All construction on this project must be completed by October 15, 1989. 22. The permit shall expire on October 15, 2019 unless extended by the District Environmental Commission. Notwithstanding, this permit shall expire one year from date of issuance if the Permittee has not demonstrated an intention to proceed with the project. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, Vermont, this day of , 1988. By Evan C. Archer, Chairman District #4 Commission Commissioners participating in Carrie Mauhs-Pugh this decision: Assistant District Coordinator Lynn Whalen Helen Lawrence State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council John Belter, Jr. 2 Country Club Drive So. Burlington, VT 05403 RE: - -1505 Ethan Allen Farms Subdivision Construct f a 9, 900 sue-. _ bldg. o -Lot #30 of EC-4-1183� Greetings: r%/ AGENCY OF ENVIRONMENTAL CONSERVATION Department of Water Resources and Environmental Engineering Essex junction Regional Office III West Street Essex junction, Vermont 05452 July 8, 1988 We received your completed application for the referenced permit on June 30, 1988, including a fee of $60. This application falls under the Public Building: Less than 500 GPD Program Area, and under the Performance Standards for this program area, we have a maximum of 30 days of 'in-house' time for our review of your application. Based upon the present workload, we anticipate review of your project within the next 3-4 weeks. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the have not received a decision on your permitted time of 30 days in-house, 879-6563. Sincerely, "91 Brenda M. Gilmond Administrative Secretary review process, or if you application within the please contact this office at cc: Robert Miller South Burlington Planning Commission M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: June 28, 1988 agenda items Date: June 24, 1988 2) TWIN OAKS TENNIS CENTER, TWIN OAKS DRIVE 1. The location of the new parking lot is where the road was planned to continue. This plan was revised. The curbing across the entrance of the new parking lot should be installed to complete the street 3) BETLTER DEVELOPMENT, LOT #30, ETHAN ALLEN DRIVE 1. Sidewalk shall be continuous across driveway and shall be 8" thick. 2. Surface drainage shall be toward the swale to the south. 3. Any floor drains in garage area shall be connected to a grit and grease trap before the sanitary sewer. 4) USED CAR DEALER, 1150 WILLISTON ROAD 1. Site plan dated June 8, 1988 is acceptable. 5) QUARRY HILL DEVELOPMENT, BEHIND GAYNES 1. Road will discourage high speed travel, however, it will be dangerous even at the minimum speed of 25 m.p.h. 2. Another major intersection between Gaynes and East Terrace should be discouraged. The existing new entrance to Gaynes was constructed to accommodate this development. 1 #vuth Nurlingtvn Nire Repartment 575 Mnrnrt fttet io nuth W urlinoon, VErmant 05401 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF JAMES W. GODDETTE RE: TUESDAY JULY 12,1988 AGENDA ITEMS DATE: JULY 7,1988 1. John Belter Development White Rock Point Country Club Drive Plans have been reviewed by this department and the only concern I have at this time is that the water system must be a loop system. 2. KEN DESMOND GREEN TREE PARK LOT #6 Plans have been reviewed by this department. at this time I do not see a problem with the building location but more information is required on the water and hydrant system. 3. TIM MILLER BELTER FARM LOT #30 At this time through plans review I do have a problem with the access for emergency equipment and do not feel proper fire protection can be given at this time. e L4.,J S��lJCE 6�cN f-141-JlSE Q OP L.jE-hc I l F- ciZ}DD-A--Tl-p- City of South Burlington 575 DORSr_ - cTQGC:T now SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 24, 1988 Mr. Timothy Miller 45 Winding Brook South Burlington, Vermont 05403 Re: Lot #30, Ethan Allen Farm Industrial Subdivision Dear Mr. Miller: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my comments to the Planning Commission. Also enclosed are 8i+—&iymanski's and Fire Chief Goddette's comments. Please be sure someone is present on Tuesday, June 28, 1988 at 7:30 P.M. to represent your request. Sincerely, 9' -K oe Weith, City Planner JW/mcp Encls City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 21, 1988 Timonthy Miller 46 Winding Brook • South Burlington, Vermont 05403 Re: Lot #30, Ethan Allen Drive Dear Mr. Miller: ZONING ADMINISTRATOR 658-7958 Enclosed are the June 28, 1988 and July 12, 1988 Planning Commission meeting minutes. Please call if you have any questions. Sincerely, �4-lt e Weith, City Planner JW/mcp 1 Encl PLANNING COMMISSION 28 JUNE 1988 PAGE 3 ignated on the plan as customer parking. Mrs. Hurd asked that no cars be displayed on gassed areas. Mrs. Hurd moved the Planning Commission approve the site plan application of Michael Gervais for construction of a 950 sq. ft. addition for office purposes to the existing building at 1150 Williston Road, as depicted on a plan entitled "1150 Williston Road, Proposed Site Plan" prepared �2y Case Con- struction Company, Inc, dated 6 9 88 with the followinq stip- ulations 1. A $2,700 landscaping bond shall be posted prior to permit. 2. Revised Plan will show the sign on the west side of the property and -customer parking spaces designated as such. 3. No parking or displaying of automobiles will be allowed on the grass in front of the building. 4. The existing office facility will be removed. 5. The building permit will be obtained within 6 months or this approval is null and void. Mr. Burgess seconded. Motion passed unanimously. 4. Site plan application of Tim Miller for construction of a 9900 sq.. ft. building, lot #30, Ethan Allen Drive Mr. Belter stepped down during discussion of this item. Tim Miller said this is to be a speculative building to be leased. Mr. Jacob asked if the building will be divided for more than one use. Tim Miller said possibly; they do not yet have tenant. Bob Miller explained there is a power right-of- way along the rear of the building. Access will be over a private drive given by Mr. Belter. He added they have just learned of the 30% rule and are looking into it. Mr. Jacob said this must be adhered to. Mr. Miller said this will cost half the parking in front. Mr. Burgess said they would have to get a multiple use permit from the Zoning Board if they have more than 1 use. The Commission can approve only the building. Ms. Peacock questioned the 15 ft. driveway as the Ordinance says it must be 20 ft. Bob Miller said it would be corrected to 20 ft. The Commission felt the applicant should submit a new plan including the widened driveway, parking in back, evergreens PLANNING COMMISSION 28 JUNE 1988 PAGE 4 included in the landscaping, and adherence to the 30% coverage requirement. Mrs. Maher moved to continue the hearing on the site plan application of Tim Miller. Mrs. Hurd seconded. Motion passed unanimously. Mr. Belter resumed his seat on the Commission. 5. Other Business The site visit to the Spear Street overlook is set for July 2, at 8:30 am. The meeting on this will be July 5. As there was no further business to come before the Commission, the meeting adjourned at 8:45 pm. Clerk L AAj ------------- 9011 2T7. ?01 I L7ZO 19.301 Performance Standards The use of any substance or process so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard; or to create any noise, vibration, smoke, dust, odor, air pollution, heat, cold, dampness, electromagnetic or radioactive radiation, glare, toxicity or other hazardous or objectionable condition on the site or in the surrounding area shall be restricted except, in specified districts at levels in conformance with the requirements of this section and the performance standards listed in Table II. 19.302 Review of hazardous Conditionss a. The Administrative Officer shall withhold a zoning permit or certificate of occupancy until satisfied that the proposed construction or use will comply with the performance standards in Table II. b. Furthermore, the Administrative Officer, upon determination at any time that a use is exceeding or may exceed performance standards or will in any way create potentially hazardous conditions shall require an application for conditional use review under the requirements of Section 19.05 and this section. 1.9.303 Required Information The following information may be required for determination of compliance with performance standards or for conditional use review of potentially hazardous conditions. a. Description of proposed machinery, operations, and products. b. Amount and nature of materials to be used. C. Mechanisms and techniques to be used in restricting the emission of any hazardous and objectionable elements, as well as projected or actual emission levels. d. Method of delivery and disposal or recyclinE' of any hazardous elements. e. Other information as may be necessary. 19.304 Conditions of Approval The Board_ of Adjustment, in granting conditional use approval, may impose conditions on the following: 59 #vto Nurlingtun ..dire i9evartment 575 Dorset 0treet " South Surlingtnn, Vermont 054111 , OFFICE OF 'JAMES W. GODDETTE, SR. CHIEF (802) 658.7960 M E M O R A N D U M To: South Burlington Planning Commission From: James Goddette, Fire Chief Re: June 28, 1988 agenda items Date: June 24, 1988 3) BERNIE'S AUTO, 1150 WILLISTON ROAD At this time I do not see a problem with this project for the fire department. 4) BELTER FARM, LOT #30' Plans reviewed by the Fire Department and at this time the only problem I see is as follows: a) Drive between parking area must be at least 30' to enable emergency equipment room to set up. 01-A Ll b. The Planning Commission shall limit the number of lots on a private right-of-way to three, after which a public street shall be required. The Planning Commission may also limit the length of a right-of-way, and may place other conditions that may be necessary to assure adequate emergency access to all lots and dwelling units. C. The Planning Commission may require a right. - of -way wider than the twenty foot minimum if it is to serve more than one lot. d. The Planning Commission may impose conditions to insure the maintenance and permanency of a private right-of-way and to insure that a right-of-way will not place a burden on municipal services. 19.25 Off Street Parking and Loading No land or structure shall be used, erected, altered, or occupied unless the provisions for off-street parking and loading as setforth in this section and Table I shall have been met. 19.251 Size of Parking Spaces a. Each space shall be a, minimum of 162 square feet (9' x 18'), exclusive of access drives or aisles. b. The Planning Commission may permit spaces for compact cars, up to 25% of the total number of spaces, if it determines that such spaces can be located and marked so as to prevent use by larger cars. Each compact car_ space shall be a minimum of 136 square feet (8.5' x 16'). c. Parking spaces may be installed at an angle as long as the usable area of each space corresponds to the above minimum size requirements. 19.252 Number of Parking spaces The required number of spaces shall be as listed in 'fable I. For any use that is not listed the Planning Commission shall require spaces as it deems necessary. 19.253 Other Parking Spaces a. Parking spaces for handicapped persons shall be provided for all commercial uses. The size, number, and location of spaces shall comply with State r.egulations._,M Handicapped spaces shall_ be 13 feet by 20 feet 57 City of South Burlington WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLINGTON, VERMONT 05403 TEL. 864-4361 June 30, 1988 District #4 Environmental Commissidn ill West Street Essex Junction, Vermont 05452 RE: Lot #30, Ethan Allen Drive Subdivision Timothy Miller - 9900 sq. ft. building Dear Sir, The above referenced project with an estimated daily demand of 450 gallons for domestic use will not place a burden on or hamper the South Burlington Water Department from providing service to its existing customers. The available fire flow at this location is approximately 868 gallons per minute at 20 psi. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Susan A. Messina Superintendent cc: K. Khatri B. Szymanski J. Weith �117 4; � - I - "I (, n OA I ZONING BOARD OF ADJUSTMENT FEBRUARY 13. 1989 The South Burlington Zoning Board of Adjustment held a regular meeting on Monday, February 13, 1989 at 7:00 P.M., in the Conference Room, City Hall, 575 Dorset Street. Members Present James Thibault, Acting Chairman, David Boehm, Jim Condos, Don Graf Members Absent Fred Blais, Daniel King, Joe Randazzo Others Present Richard Ward, Zoning Administrator, Sid Poger, The Other Paper, Robert Butler, Shirley Bowley, Candice Parker, Steve Libby, Zoe Hart Mr. Thibault advised the people on the agenda that they had the opportunity to postpone their appeals because there were only 4 members of the board present and all 4 would have to vote in the affirmative. If you lose your case you cannot come back with the same plan. The next meeting will be February 27 and the 7 members of the board will probably be present. Mr. Ward presented Shirley Bowley with 2 letters, one from the City Manager stating he was not in favor of this, and one from a neighbor which stated she was opposed to this. After some discussion with the board Mr. Libby said that in order to further prepare their appeal they would like to postpone this until the February 27th meeting. Let the records show that Appeal No. 2 the meeting started. No. 1 Appeal of Robert Butler of Shirley Bowley was postponed before Appeal of Robert Butler seeking approval from Section 19.65 Multiple uses. Request is for permission to occupy an existing 9,900 square foot structure with a dual use (existing use storage and distribution) on a lot containing 40,200 square feet located at 33 Commercial Avenue. Mr. Ward informed the Board that the Area is zoned I-C District. Section 19.65 Multiple uses (two or more uses reviewed as a conditional use). Uses proposed "permitted uses - Section 13.10". Section 13.101 Business professional and medical offices, Section 13.102 Light manufacturing, Section 13.104 Printing - binding, etc. Section 13.105 Wholesale establishment, -2- Section 13.106 Storage and Distribution facilities, Section 13.111 Warehousing. Existing use storage and distribution of sporting goods - area 4950 square feet - proposed dual use 4950 square feet. Lot size 120' x 355' _ 40,200 square feet. Mr. Butler said the section I am now using is mainly warehousing. I will rent according to the Conditional uses permitted. Addressing the 5. Criteria Mr. Butler said that the use will not affect the capacity of existing or planned community facilities. It will not affect the character of the area. Should not affect the traffic in the vicinity. The bylaws are not affected and the utilization of renewable energy resources will not be affected. Mr. Graf asked what do you distribute. Mr. Butler replied ski clothing. Mr. Condos asked if he would be renting any retail. Mr. Butler said no retail. I'm looking for wholesale to be used for warehousing. Mr. Ward said he is looking only for Permitted uses. Mr. Condos moved that if this appeal is approved it be with the stipulation that any use must come back before this Board for an administrative review. This was seconded by Mr. Graf and all voted aye. Mr. Boehm said we will review when he has a tenant. The appeal was granted 4 - 0. Mr. Condos moved that we accept the decision of findings of fact for the minutes of January 9, 1989. This was seconded by Mr. Graf and all voted aye. Mr. Boehm moved for adjournment. This was seconded by Mr. Graf and the meeting adjourned at 7:20 P.M. �. Clerk City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 January 30, 1989 Mr. Robert Butler Schneider -Sport, Inc. 33 Commerce Avenue South Burlington, Vermont 05403 Re: 'Zoning Board Hearing Dear Mr. Butler: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset, Street on Monday, February 13, 1989 at 7:00 P.�1. to consider your zoning application. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Of]'icer• RWlrncp 1 Eric I SOUTH YUILINOTON ZONING NOTICE In accordance with the South Burlington Zgning Regpulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a ppublic hearing at the South Burlin ton Municipal Offices, Conference Room,' 575 Dorset Street, South Burlington, Vermont on Monday, February 13, 1989, at 7:00 P.M. to con- sider the following: M 1 Appeal of Robert Butler seeking approval from Sec- tion 19.65 Multiple uses of the South Burlington Regula- tions. Request is for permis- sion to occupy an existing 9,900 square foot structure with a dual use (existing use storage and distribution) on a lot containing 40,200 square, feet located at 33 m Comerce Avenue. 02 Appeal of Shirley E. Bowley seeking a variance from Section 18.00 Area, density and dimensional re- 9—ments of the South Bur- lington Rejulations. Request is for permission to construct a two family dwelling on a lot cont�i�fnp 5,662 aguere feet with 8f feet of front- age to within fifteen 115) Wet of the required front yard nine 191 feet of the northerly side ap- p oxknotely W; ISO dfeeet from the center I. of P. tash Brook, located at 106 Central Avenue. Richard Ward, Zoning Administrative Officer January 28, 1989 G/ ZGT, OZ-G� �t�t,4 -C-4 / QUO a- U 77*0 ' /.S, /� G —"E� � ram- � c%�;� • ��-cc�.��c,� Vlf l�lb 0 ")C 3 3 �>" _ �O, zoo gill .74M ■PFA City of South Burlington Application to Board of Adjustment Date , 10 - 9 I Applicant f oC kf — FOI& /zf�Address 33.4 CoAtMrz2Cm Owner, leasee, agent AVE S,(3VkLWCfvN Telephone # 659 003 7- ,-",Landowner RQaaf -EPPY vt/fLFIZ Address Qp w , - (�O,c 2ZE Location and description of property SoUi-� 1�11�RC(11I'G-fO�t/ 33A - 4(a 3 Official Use p APPLICATION # HEARING DATE FILING DATE I-Z- FEE AMOUNT' OF CQN\(V\I:TcZC�� 1 # Iq V,c- Type of ap lication (check one ( ) appeal from decision of Administrative Office ( request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month --'(second and fourth Mondays). That a legal advertisment must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee wlilch is to off-se.t the cost of the hearing. ProviS'ions of zoning ordinance in question Reason for appeal 3 The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other 'additional information which will se a as support evidence to the Board. Hearing Date Signature of Appellant Do not write below this line ------------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on (Day of we k) at 7'00 ,e4, to consider the following: ( month a ., .-. date) xT e Appeal o A seeking gr from Section /LI-?�..,� �1•�-E.�r of the South Burlington Regulations. Request is for permission to `-tom--4,4�3 B3