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Agenda 05_SD-21-28_3070 Williston Road_BETA
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov TO: South Burlington Development Review Board FROM: Marla Keene, Development Review Planner SUBJECT: #SD-21-28, BETA Air, LLC Preliminary and Final Plat Application DATE: April 25, 2022 Development Review Board meeting PROJECT DESCRIPTION Preliminary and final plat application #SD-21-28 of Beta Air, LLC to consolidate five existing lots ranging from 1.53 to 736.2 acres into one lot of 747.92 acres and to construct the first phase of a new concurrent application for a master plan, to include a 344,000 sf manufacturing and office building, improving approximately 2,400 ft of private road, and constructing associated site improvements, 3070 Williston Road. CONTEXT The Board reopened the hearing on this application for the purpose of allowing the applicant the opportunity to comply with the conditions of related master plan decision #MP-21-02, in particular those of 14.06B(2) pertaining to parking. The Board’s decision on #MP-21-02 included two possible solutions which would address the parking deficiencies of this application. 1. Amend the parking to comply with 14.06B(2), including the use of 14.06B(2)(c) pertaining to parking on sites with multiple structures 2. Amend the phasing so that the parking proposed in #SD-21-28 would comply with 14.06B(2) by virtue of a building being constructed between the public street and the parking The applicant submitted revised materials on April 9 and April 12, 2022. Included in the revised materials is a cover letter describing four potential options that the applicant would like the Board to consider. 1. Approve previously-presented configuration because the project abuts the airport runway infrastructure 2. Waive parking location requirements under 14.07E “Modification of Standards” 3. Eliminate parking not in compliance with 14.06B 4. Phase construction of a building between the previously-proposed parking and the street Numbered items for the Board’s attention are in red. COMMENTS Options 1, 2, and 4 present arguments and/or proposed conditions of approval for the Board’s consideration but do not present changes to the physical plans, and therefore Staff has not provided an analysis of these options at this time. Options 1 and 2 would obviate options 3 and 4. Staff considers if the applicant wishes for the Board to consider options 1 and 2, the Board must make a determination on those two options before considering either options 3 or 4. A) PARKING Decision #MP-21-02 includes the following finding The Board finds the master plan meets 14.06B(2) but until such time as the red phase is constructed, the applicant may only build the portion of the parking which is to the side or rear of the existing building (3060 Williston Road) to remain until the red phase is constructed and which is less than ½ the total building width along the street frontage, as shown in the below illustration. This latter provision applies only to buildings or portions of buildings which are not separated from the street by parking. The applicant must therefore amend SD-21-28 to meet this requirement. In amending SD-21-28, the applicant may propose additional permanent or temporary parking to the side of the building in the blue phase. In the applicant’s submission of April 9 includes a plan which complies with the aforementioned condition. The plan as proposed includes the following elements: • 344,000 sf building, the first phase of which consists of a 163,000 sf building containing 131,600 sf aircraft assembly, 19,400 sf storage, and 11,900 sf office. • 12 ADA parking spaces • 22 EV charging parking spaces • 8 standard parking spaces The applicant has removed 275 of the previously proposed 317 parking spaces. 1. Staff recommends the Board ask the applicant to generally describe their planned approach if the Board approves the plan submitted on April 9. While the approved plan must stand alone, Staff considers an understanding of the applicant’s planned timeline will facilitate the Board’s discussion. Notwithstanding the intended permanency of the applicant’s provided plans, the Board is well aware that they may only approve a plan which is in full compliance with the applicable Land Development Regulations. 14.06B of the LDR governs parking. B. Relationship of Proposed Structures to the Site. (1) 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. Staff considers the transitions of the site and structures are unchanged by the revised submissions on April 9 and 12. In an email on April 15 in response to Staff inquiry, the applicant stated that there are no changes to the proposed landscaping plan. Therefore Staff considers the adequacy of planting to be unchanged by the revised submissions. Pedestrian movement appears generally unchanged from the previous submissions, though it is unclear whether the applicant intends to construct a sidewalk on the far side of the proposed parking relative to the building. Understandably, the applicant submitted only a partial plan set on April 9 and 12. Sidewalks through much of the project area are shown with a concrete hatching, but no hatching is shown in this area and there are minor inconsistencies shown in this area, such as plantings in the sidewalk and open ended lines. If the Board approves the provided plans, in order to enable drafting of conditions requiring the remaining plans to be modified to reflect the proposed configuration, Staff considers the applicant must clarify exactly which elements of the project are proposed to be constructed. 2. Staff considers that pedestrian movement is adequate, but that the Board should require the applicant to clarify what elements of the previously-proposed sidewalk are proposed to be constructed. As noted above, the applicant is proposing to have a 163,000 sf (later 344,000 sf) building be served by 42 parking spaces, of which 34 are restricted use. The applicant has provided a letter from Burlington International Airport dated April 7, 2022 committing to provide additional parking spaces “until a permanent parking solution is able to be constructed.” The letter notes that approximately 200 spaces are available near the existing car rental area, with additional space available in two other locations if needed. 3. Staff recommends the Board determine whether any additional information pertaining to the adequacy of the provided parking, such as how employees using remote lots will be shuttled to the proposed building, is needed. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; 12 of the parking spaces are ADA compliant spaces. Staff notes the Board historically has not involved themselves in computing ADA requirements and has instead left that up to applicants. (ii) The parking area will serve a single or two-family home; Not applicable. (iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow for parking, but not a building, to be located adjacent to the public street; Not applicable. (iv) The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s); As noted in #MP-21-02, the lot is proposed to be reused, but buildings are not. In the applicant’s plan of April 9, the existing building at 3060 Williston Road, currently occupied by Mirabelle’s Bakery and a vacuum repair store, among others, is proposed to be retained in the first phase. All new parking is proposed to be located to the sides and rear of that building. (v) The principal use of the lot is for public recreation; or The applicant was proposing a recreational amenity along Williston Road, but that amenity has been removed from the plans. (vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the following criteria: Relevant criteria require that buildings be located around a central greenspace of at least 150,000 sf with parking to the perimeter. While the applicant is proposing a significant greenspace (the “great lawn”), it is not central nor is it within the Mixed IC zoning district, therefore this exemption is not applicable. (vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be designed in a manner to avoid conflicts between visitors / employees and the inherent operations of the use(s) on the lot; In such circumstances, only 25% of the parking may be located between a public street and the building. The applicant is proposing to locate the majority of the parking between the public street and the building until the “red” phase is built, therefore this exemption is not applicable. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas located to the side of building(s) at the building line shall not exceed one half of the width of all building(s) located at the building line. Parking approved pursuant to 14.06(B)(2)(b) shall be exempt from this subsection. The applicant is proposing to use this criterion to allow the proposed 42 parking spaces to be constructed. The 12 ADA spaces are exempt from this section because they are approved under 14.06B(2)(b)(i). The width of the buildings, projected to the front-most building line of all buildings on the site, is 390’1. The applicant may therefore have 195’ of parking which is not fully screened by a building. The width of the remaining parking spaces at the building line, which are not fully screened by the building at 3060 Williston Road, is 200-feet. 4. The applicant must therefore remove one parking space or shift the parking spaces west to comply with this criterion. With this parking space removed, Staff considers this criterion to be met. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. This is not a through lot therefore this criterion is not applicable. B) STORMWATER MANAGEMENT SYSTEMS 14.07F, 12.03, and 15.18A(8) and (9) pertain to design of stormwater management systems. 1 The applicant has calculated the total width of building to be 400’-3”, but 10’-3” of the applicant’s computed area is fronted by parking and therefore cannot be counted. As noted above, the applicant’s revised plans have removed the majority of proposed parking spaces, but have retained landscaping between the building and the street. Their proposed plans also indicate that previously-proposed stormwater management systems will be constructed, including catch basins and manholes in areas not proposed for impervious surfaces. 5. For the reasons noted above pertaining to pedestrian circulation, Staff recommends the Board require the applicant clarify exactly which stormwater elements of the project are proposed to be constructed prior to closing the hearing. C) OTHER The applicant previously received an administrative approval to redistribute approximately 130,000 cubic yards of soils from the proposed building site to other areas on the airport property (SP-21-037 and ZP-21-410). The applicant has been undergoing this work and has recently determined that the wish to remove the soils from the airport property instead of redistribute them. Alteration of grade, defined as the removal or placing of soil materials in an amount equal to or greater than twenty (20) cubic yards, requires its own permit except when granted in connection with a site plan, PUD or subdivision. Because the applicant is requesting to remove the soils in conjunction with the PUD, Staff considers the Board may grant approval to do so as part of the present application. Generally, no particular authorization is given for removal or placement of soil materials when incidental to a site plan, PUD, or subdivision, but Staff mentions it here because it represents a change in what was previously approved in SP-21-037 and ZP-21-410. Recommendation Staff recommends the Board work with the applicant to address the issues identified herein. Respectfully submitted, Marla Keene, P.E. Development Review Planner 1150 Airport Drive S Burlington, VT 05403 (802) 281-3623 VIA ELECTRONIC MAIL April 9, 2022 South Burlington Development Review Board C/O Ms. Marla Keene, Development Review Planner City of South Burlington 180 Market Street South Burlington, VT 05403 Re: Responses to Application #MP-21-02 Findings of Fact dated March 22, 2022, and Requested Additional Information for Application #SD-21-28 Dear Members of the Board, Thank you for your approval of Application #MP-21-02 and the associated Findings of Fact and Decision as we try to move the proposed master plan from concept to construction to operations by April 1, 2023. In advance of the upcoming April 25th hearing, please find the following narrative responsive to items in the #MP-21-02 decision and the requirement to reopen Application #SD-21-28. Background Since receiving the Master Plan Approval #MP-21-02, 3070 Williston Road letter from the Development Review Planner on March 23, 2022, both Beta Technologies (“BETA” or “Applicant”) and the City of South Burlington Planning and Zoning (“SBURL P&Z”) staff have been working to resolve the condition imposed by the #MP-21-02 decision in section D) Requested Waivers and Findings, Item 4 requiring a re-opening of Application #SD-21-28. The re-opening of this application is intended to address the position that Application #SD-21-28 is not in compliance with 14.06B(2) and allow new testimony to be heard regarding possible solutions to the condition, including the proposed illustrated parking solution; Figure 1 below and attached. For clarity, Figure 1 below has been edited to show the proposed parking locations as “filled” blocks in lieu of “outlined” blocks, as shown in Exhibit A. South Burlington Development Review Board April 9, 2022 Re: Response to Application #MP-21-02 Findings of Fact and Decision dated March 22, 2022 Page 2 of 8 Beta Technologies | 1150 Airport Drive, South Burlington, VT 05403 | (802) 281-3623 Proposed Temporary/Interim Parking Locations The illustration proposed (Figure 1 below) to relocate parking, temporary or other, while well-intentioned is neither practical nor achievable without significant harm and delay to the Project. The two locations proposed, behind and to the side of 3060 Williston Road (dark red) and adjacent to the proposed assembly facility (light red) either require significant redesign and permitting or are not practical due to site topography, or both. In both instances, relocating the parking will require temporary/interim parking to be constructed and then removed to allow the as-permitted parking to be constructed. Because the decision has conditioned the Applicant to amend Application #SD-21-28 prior to beginning construction, the impact to the start of construction will be in excess of 120 days, considering design, permitting, and appeal periods, effectively delaying the start of construction until October or November of this year. Such a delay will push construction into the upcoming winter creating a cumulative impact that will be significantly greater than the 120 days due to winter-time inefficiencies. Figure 1: Proposed Illustrative Diagram for Possible Parking Locations South Burlington Development Review Board April 9, 2022 Re: Response to Application #MP-21-02 Findings of Fact and Decision dated March 22, 2022 Page 3 of 8 Beta Technologies | 1150 Airport Drive, South Burlington, VT 05403 | (802) 281-3623 Understanding that the proposed temporary parking locations are not viable, there are several other possible solutions to consider: 1) Acknowledge that buildings which, by their nature, need to adjoin a transportation route other than roadways for vehicles, satisfy parking location requirements to the extent that they do front on other transportation infrastructure; or 2) Reconsider application of the waiver provision 14.07E – Modification of Standards; or 3) The Applicant revises Application #SD-21-28 to eliminate parking; or 4) Condition the approval of Application #SD-21-28 such that the Applicant is able to construct the “Blue” phase while designing and permitting a “Building” consistent with the LDR definition. Of the four options listed above, the most practical paths forward, both of which are compliant with the LDR’s, are the first two: (1) to recognize the need for transportation-related buildings to adjoin transportation routes other than roadways and thereby necessarily requiring that parking be between the building and a vehicular route or roadway, and (2) revisit the interpretation of 14.07E’s parking waiver provision. Each of the four options are outlined below. 1) Recognizing that Transportation-Related Buildings Can’t Satisfy Parking Location Requirements When They Adjoin Transportation Routes Other Than Roadways for Vehicles The A-Build (“Blue” Phase) facility proposed by the Applicant is a state-of-the-art assembly plant to house BETA’s final assembly of electric-powered, zero-emissions aircraft and related equipment. Therefore, it is integral to the intermodal/multimodal purpose of the building that it faces and directly abuts the airport’s runway infrastructure for purposes of access into and out of the facility. For purposes of locating the Project’s new parking area, the northerly side of the facility facing the runway infrastructure should be deemed the front side of the structure. Consequently, it would be permissible to locate the Project’s parking area southerly of the facility as proposed by the Applicant. Specifically, as it relates to the proposed assembly facility and the Transportation Security Administration (TSA) Security Identification Display Area (SIDA) requirements, as defined in Title 49 Code of Federal Regulations (CFR) Part 1542, parking beyond the restricted area as defined by BTV, TSA and the Federal Aviation Administration (FAA) authorities is not permitted by Federal regulation and thus qualifies per 14.06B(2)(b)(iii) as a “unique site condition.” The location of parking areas for purposes of 14.06B(2)(a) is determined with reference to the rear or side of a building. The rear or side of a building, in turn, is determined with reference to any adjoining public street: South Burlington Development Review Board April 9, 2022 Re: Response to Application #MP-21-02 Findings of Fact and Decision dated March 22, 2022 Page 4 of 8 Beta Technologies | 1150 Airport Drive, South Burlington, VT 05403 | (802) 281-3623 “Any side of a building facing a public street shall be considered a front side of a building for purposes of [14.06(B)(2)(a)].” A “public street” is defined as: “A right-of-way or fee simple tract of land which has been set aside for public travel, dedicated to the City by the recording of a subdivision plat or irrevocable offer of dedication, built to public street standards, and eligible for ownership by the City of South Burlington or other public entity.” LDR, Art. 2, at 44. A public street right-of-way is, in turn, defined as one that is: “set aside for public travel which is accepted or eligible to be accepted for ownership by the City of South Burlington or the State, if so authorized; or has been dedicated for public travel by the recording of a plat or a subdivision which has been approved or is subsequently approved by the City of South Burlington; or has otherwise been established as a public street prior to the adoption of these land development regulations; the right-of-way for a public street.” These definitions are all focused on travel by automobiles. When dealing with non-automobile modes of transportation, however, the policies underlying these definitions of “street” for access and building orientation purposes would apply with equal force to transportation routes other than paved public ways designed for use by automobiles. For instance, it would be inconceivable to require a marina building requiring water access to be located along a street with parking between the building and the water when direct water access for boats is integral to the purpose of the marina building. Similarly, it would be impractical to require an airport terminal such as the Burlington International Airport to front on Airport Drive, with surface parking located between the terminal and the apron and taxiway. The same would hold true for the location of a train station along railroad tracks and other multimodal sites. In essence, for land use planning purposes, the airport’s runway infrastructure is very much a public way to which the Project needs direct access given the nature of the activities contemplated for the storage, service and maintenance, manufacture, and assembly of aircraft. Interposing a parking area between the building and the runway infrastructure would be as inconceivable as requiring the marina to be next to the road, or to interpose parking between an airport terminal and the taxiway. Therefore, for purposes of 14.06B(2)(a), the northerly side of the proposed facility facing the airport runway infrastructure should be deemed the front of the building, allowing parking to be located between the facility and the more distant Williston Road. South Burlington Development Review Board April 9, 2022 Re: Response to Application #MP-21-02 Findings of Fact and Decision dated March 22, 2022 Page 5 of 8 Beta Technologies | 1150 Airport Drive, South Burlington, VT 05403 | (802) 281-3623 2) Reconsideration of 14.07E – Modifications of Standards (Waiver Provision) The Land Development Regulations (LDR’s) are constructed to be read such that the Applicant, when resolving the parking requirements, must first read the relevant sections of Article 14, including both 14.06B(2) and then 14.07E if the project does not comply with 14.06B(2), and then read Article 15 relevant sections, 15.02A(4)(c). If the project does not wholly comply with 14.06B(2), then the Applicant may review 14.07E, the waiver provision, to determine if the project qualifies for a waiver. In reviewing the waiver provision, it is clear that the Project, which is the A-Build (“Blue” Phase) only, does qualify: • An “unusual hardship” existed prior to the Applicant’s proposed project: o The Project site requires direct access to the airport’s runway infrastructure for the building to operate as intended under the by-right zoning, AIR-Industrial, for the site in support of the FAA mandate that the site be used for “Aeronautical” purposes. o This would be true whether the project is a traditional hangar or an electric aircraft assembly facility, as proposed, or another aeronautical-related type facility. o That parking cars “to the rear of the building” would be in direct conflict with FAA security requirements. • Project does not propose to place a “new structure less than five (5) feet from any property boundary.” • Project does not create a “total site coverage exceeding the allowable limit for the applicable zoning district.” The standard of care to apply in 14.07E is that the “Board may modify such standards as long as the general objectives of Article 14 and the City’s Comprehensive Plan are met.” Given that the hurdle is that the ”general” standards are met and not the “specific” standards are met, it is clear that a project that requires airport runway access (an unusual hardship and operating requirement), creates 500 green jobs (Opportunity Oriented, Green & Clean), provides 5 acres and 2MW of solar power (Green & Clean), is heated/cooled by geothermal (Green & Clean), incorporates both rainwater harvesting and stormwater treatment (Green & Clean), establishes walking and bike paths connected to the broader SBURL network (Walkable), and has a Traffic Demand Management Plan (Opportunity Oriented, Green & Clean, Walkable) that minimizes the use of fossil fuels and traffic congestion is considered to have met the standard of care as provisioned as “general.” The Comprehensive Plan, as adopted in 2016, in section 2.2C – Economy, outlines a series of strategies that the City, and thereby, its departments, boards, and commissions, should be actively engaged in to sustainably grow the SBURL economy, and more specifically Strategy 14 which reads: South Burlington Development Review Board April 9, 2022 Re: Response to Application #MP-21-02 Findings of Fact and Decision dated March 22, 2022 Page 6 of 8 Beta Technologies | 1150 Airport Drive, South Burlington, VT 05403 | (802) 281-3623 “Conduct a comprehensive analysis of City regulations relating to permitting with an eye toward ways to eliminate outdated or duplicative requirements and to further streamline the process of obtaining needed permits with a specific focus on improving predictability of the process.” With the application of the waiver provision, which is intended to address the issue of predictability for “unique site conditions” and “unusual hardships”, the Project is in compliance with Article 14 prior to the reading of Article 15. It was incorrectly determined that the Project must meet 14.06B(2)(a), rather than 14.06B(2) as modified by the waiver provision outlined in 14.07E. Since the project is in compliance per 14.07E, the Applicant is not asking for a parking waiver under Article 15, nor does a waiver need to be granted under Article 15. Rather, it should be recognized that the “Blue” phase of the Project is in compliance and should be deemed approved without the condition that Application #SD-21-28 be reopened. If a waiver is granted as allowed, it would align with the draft LDR language recently presented by SBURL P&Z, and approved, modified, and moved to a public hearing, by SBURL City Council at its April 4th, 2022 meeting. In approving this language, City Council and P&Z staff recognize the “unusual hardship” that exists and the need to modify the requirement to a “by-right” condition, rather than a “waiver” condition. With this language, applying the allowable waiver provision for Application #SD-21-28 would be both consistent with and in compliance with this language. 3) Elimination of Parking from the Project Since the LDR’s do not have a minimum parking standard and allow that “such commercial or private parking may or may not exist on the same lot as the principal use”, the Applicant would propose eliminating the Figure 2: Snippet from Live Stream of SBURL City Council Meeting on April 4, 2022 South Burlington Development Review Board April 9, 2022 Re: Response to Application #MP-21-02 Findings of Fact and Decision dated March 22, 2022 Page 7 of 8 Beta Technologies | 1150 Airport Drive, South Burlington, VT 05403 | (802) 281-3623 majority of the parking shown for the A-Build (“Blue”) phase of the Project, leaving only that parking which meets the “allowable side parking” standard as calculated in the attached Exhibit B. Parking would not be constructed until construction begins on the “commercial” building at a time to be determined in the future. Exhibit B indicates the parking to remain, and the calculations used to determine the amount of allowable parking. Below is a brief description on how the parking was calculated and narrative for each of the key elements – parking to the rear, parking to the side, and ADA parking: • Parking to the Rear – The YELLOW area represents the parking space allowed by being to the rear of 3060 Willison Road. This area accounts for five (5) general spaces • Parking to the Side – The GREEN area represents the allowable side parking when a site contains multiple buildings and has been calculated using the Allowable Side Parking formula of 1/2 * (W1 + W2) where W1 is the length of the front façade for 3060 Williston Road (70’-2”) and W2 is the length from the eastern property line to the first parking space to the west of the eastern property line (330’-1”). Totaling these two lengths and dividing by 2, yields and allowable side parking area of 200’ in total. The applicant has chosen to apply the entire allowable length to the eastern side of 3060 Williston Road. This area accounts for a total of twenty-five (25) spaces which is allocated as three (3) general spaces and twenty-two (22) electric vehicle parking spaces. • ADA Parking – There is one (1) ADA parking space that falls outside the GREEN area, however since ADA parking spaces are exempt from the calculation, this space complies with the regulations. In total, twelve (12) ADA spaces are provided. To supplement the on-site parking, the Applicant has a commitment in place with Burlington International Airport to provide the necessary additional parking spaces, using existing, underutilized parking infrastructure to support BETA’s operations until the permanent parking is constructed; see attached letter, Exhibit C. BETA will develop a plan to shuttle employees between the airport and the assembly facility closer to the opening date of the facility. 4) Condition #SD-21-28 to Construct a “Building” Of the options rendered in the decision, requiring the applicant to both construct a “building” and delay construction of the Project proposed under #SD-21-28 until the “building” has been designed, permitted and is ready for construction, will cause irreparable damage to the Applicant’s ability to operationalize the assembly facility on April 1, 2023, as scheduled. Designing and permitting a “building” under the most aggressive timeline will take a minimum of 150 days including statutory appeal periods. This will push construction into the fall and possibly early winter. South Burlington Development Review Board April 9, 2022 Re: Response to Application #MP-21-02 Findings of Fact and Decision dated March 22, 2022 Page 8 of 8 Beta Technologies | 1150 Airport Drive, South Burlington, VT 05403 | (802) 281-3623 If a condition to construct a “building” is included, then the Applicant would request the following language in response to SBURL P&Z Staff comments from its 21DEC21 #MP-21-02 report as shown below: 21DEC21 #MP-21-02 Staff Report, Page 9 … staff recommends the Board ask the applicant: • How they propose to guarantee the “building” is built o Applicant shall not construct its next phase of the assembly project until construction of the “building” has begun. • What condition could they propose that would require it to exist o See above response. • With what timeframe that gave the City an actionable enforcement o Site plan application shall be submitted within [120] days from the date of approval of application #SD-21-28. o Construction shall be completed within [24] months from receipt of a final zoning permit for the “building.” In closing, the Applicant requests the two most practical paths forward be considered: (1) acknowledge the need for transportation-related buildings to adjoin transportation routes other than roadways, and (2) revisit the interpretation of 14.07E’s parking waiver provision. Additionally, the Applicant will also be prepared to discuss other possible options, including deletion of parking from the initial project. BETA’s desire to grow these jobs here in SBURL is strong and we very much hope for a reconsideration given two fully compliant, well-established, and reasonable paths outlined above. BETA appreciates consideration of this request, and we look forward to our upcoming discussions. All the best, Art Klugo Team Member aklugo@beta.team (802) 373-8112 List of Exhibits: Exhibit A – Sht. C-012 – Proposed Temporary Parking Locations Exhibit B – Sht. EXB-200A - Overall Site Plan (A-Build) Exhibit C – Burlington International Airport Letter of Commitment – Off-site Parking DDDSD DSD SD SDSDSD DSDSDSDSDSD SD DDD SD SD DDSD DSD DSDD DDDSDSDSDSDDDDSD S D S D S D FDFDFDFDFDFDFDFDSDSD SD SD DSDDDDDDDDUDUDXXXX X X XX XXXXX SEBBWVWVEWVWV SOSWSWVSWVWVWWVWVWVWVBBSVENT PIPEBROWN ANIMAL HOSPITALGARAGE DOORA-9A-14A-17A-2A-11A-18A-1 STARTA-6A-7A-4A-8A-3A-15A-19A-12A-16A-5A-13A-10EL PANELMULTIPLE DROPSW/ METER & SHUTOFF BREAKERCONC. WALK WOOD STEPS10'DIA BOULDER/4'AGBLUEBOULDERSCENTER 10' W IDEGARAGE DOORSILL 318.3CENTER 3'WIDE DOORSILL 318.3CONCRETEBLUEBLUEBLUECENTER 3'WIDE DOORSILL 318.3STEPSGRAVELGRAVELGRAVELCONCRETEWOODSWOODSWOODSBRUSHWOODSWOODSCONDUIT2' TALLCONDUIT2' TALLXXXXXCENTER 3'WIDE DOORSILL 318.3BLUEBLUEBLUEBLUEBLUEBLUEBLUEBLUEBLUEBLUEBLUEBLUEBLUEBLUE20' W I D E C W D E A S E M E N T 20' W I D E C W D E A S E M E N T 100' WIDE GMP EASEMENT 100' WIDE GMP EASEMENT 20' WIDE EASEMENT 30' WIDE SEWER FORCE MAIN EASEMENTEXISTING STATE HWY ROWEXISTING STATE HWY ROWEXISTING STATE HWY ROWEXISTING STATE HWY ROWEXISTING STATE HWY ROWEXISTING STATE HWY ROW30' 20' WIDE EASEMENT 20' WIDE EASEMENT OSW EL OUTLET0.5'AG128A LI1DROPEL METER5.5'AG97522121TELPEDEL BOX3'WIDE/1'TALLDRAINAGE OPENING TEL PED4'TALLKEYPADppppppp ppppppppppppppppppppppppppppppppppppppppppppppppppp pppppppppppppppppppppppppppppppppppppppppp p p pp p p pp ppTOFA TOFAOHEOHEOHEOHEOHEOHEWWWWWWFM FM FM SSSSW WWS\\us0261-ppfss01\workgroup\1794\active\179450350\transportation\drawing\Exhibit\179450350_EX-200A_project_site_pln.dwg4/19/2022 12:41 PM By: Merkle, Geoffrey© 2018 StantecProject No.ScaleNotesIssued/Revision6A54321BCDEConsultantPermit/SealYYYY.MM.DD218421340Stantec Consulting Services Inc.193 Tilley Dr., Suite 101South Burlington VT 05403 U.S.A.802.864.0223www.stantec.comTel.EXHIBITOVERALL SITE PLAN(A-BUILD)EX-200AAs indicated\\us0261-ppfss01\workgroup\1794\active\179450350\transportation\drawing\Exhibit\179450350_EX-200A_project_site_pln.dwg4/19/2022 12:41 PM By: Merkle, Geoffrey© 2018 StantecProject No.ScaleNotesIssued/Revision6A54321BCDEConsultantPermit/SealYYYY.MM.DD218421340Stantec Consulting Services Inc.193 Tilley Dr., Suite 101South Burlington VT 05403 U.S.A.802.864.0223www.stantec.comTel.2022.04.09ISSUED2022.04.19REVISED - ADDED PIPING\\us0261-ppfss01\workgroup\1794\active\179450350\transportation\drawing\Exhibit\179450350_EX-200A_project_site_pln.dwg, EX-200A, 4/19/2022 3:08:44 PM 370'370'365'365'360'360'355'355' 350' 345'340'34 0 '340'340'335'335'335'33 5 '335'335'33 5 ' 33 5 '335'335'335'335'335'335'330'330 ' 330' 33 0 '330'33 0 '330'330'330'325'325'32 5 '325'3 2 5 '325'32 5 '325'325'325'325'325'325'32 0 ' 32 0 ' 32 0 '320'320'320'320'315'XAE&T XSDSDSD SD XXXXXXX XSD SD SD BBWVWVDDDWBBBOSWWVWVWVBBAE&TAE&TSD SDSDESDAE&T AE&T AE&T AE&TAE&T AE&T AE&T AE&T AE&TAE&T GATE0.4'TALL0.7'TALLWOODEN GATE POST0.1'DIA METAL 3.5'TALLWOODEN GATE POSTVENT PIPEGARAGE DOORGATEVSE822 MAGHUBN 715488.664E 1472772.821EL 336.095VSE811 PUNCH MARK IN LEDGEN 715191.787E 1473205.666EL 359.616VSE8025/8"REBAR VSE CONTROL CAPN 715199.561E 1473526.049EL 369.971VSE810 MAGHUBN 715699.276E 1473095.279EL 335.414VSE821 MAGHUBN 715853.158E 1473085.485EL 317.226VSE823 MAGHUBN 715434.948E 1473518.909EL 337.336METAL FENCE POSTGATEMETAL FENCE POSTCENTER 10' WIDEGARAGE DOORSILL 318.3CENTER 3'WIDE DOORSILL 318.3CONCRETECENTER 3'WIDE DOORSILL 318.3PAVEDPAVEDWOODSWOODSWOODSXXXXSILL 333.5XEXISTING PARCEL LINE/ZONING LINEEXISTING PARCEL LINE/ZONING LINEEXISTING PARCEL LINE/ZONING LINEEXISTING PARCEL LINE/ZONING LINEEXISTING PARCEL LINE/ZONING LINE20' WIDE EASEMENTEXISTING PROPERTY LINE 30' WIDE SEWER FORCE MAIN EASEMENT30' WIDE SEWER FORCE MAIN EASEMENT 5 CALKINS CTN/F CALKINS FAMILYLIMITED PARTNERSHIPEXISTING PROPERTY LINE/ZONING LINEEXISTING PARCEL LINE/ZONING LINEUGC UGC UGCUGCUGCUGC UGC UGC UGCTMH TMHTMHUGCUGCUGCUGC THH UGCUGCUGCUGCUGCUGCUGCUGCUGCUGCUGEUGEUGEUGEUGEUGEU G E U G E U G EUGEUGEUGEUGEUGEUGEU G E U G E U G E SMH MH MH MH MH MH MH MH U G E UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGEUGEUGEUGEUGEUGEUGEMH MH (76) PVCONSERVATION MIXCONSERVATION MIXLAWNCONSERVATIONMIX(1) UAb(2) UAb(5) AFa(2) QB(4) PSb(10) JV(3) QR(3) AFb(4) ZS(3) GTb(2) AFa(2) UAb(2) UAb(2) NS(1) NS(136) SH(12) DL(26) PF(163) SH(2) AFb(3) QR(5) AFb(3) PG(5) BN(89) SH(11) RA(5) VD(3) NS(11) DL(17) JC(2) BN(9) JC(2) ZS(44) TCa(3) BN(2) QB(3) UAa(4) UAa(3) QB(2) NS(3) JV(5) PSa(1) AFa(1) QR(1) AFa(1) QR(2) AFaMATCHLINE SEE L200MATCHLINE SEE L201MATCHLINE SEE L200MATCHLINE SEE L201(2) AG(2) TCb(3) CC(2) AG(2) TCb(2) TCb(45) CK(30) RF(30) PA(30) PV(30) PA(30) RF(8) CK(30) PV(3) CCPLANTING BED W/STEEL EDGING, TYP.STONE DRIP EDGE W/STEEL EDGING, TYP.(2) AG(238) DP(30) RF(76) PV(136) SH(125)RA(10) SP(20) JC(12) PFRAIN GARDEN : SEEENLARGEMENT #1RAIN GARDEN : SEEENLARGEMENT #1+338.0+334.0339.0++337.0+342.0+342.0+341.0+339.0+338.0SCULPTURAL LANDFORMS(3) PG(1) QB(3) PSb(12) DL(13) PF335'335'335' 335 'WVSILL 333.5X30' WIDE SEWER FORCE MAIN EASEMENT UGCUGEUGE(10) IVa(1) IVb(27) AI(111) CA(8) BA(67) CG(3) CS(16) IVa(2) IVb)(95) RF(63) CA(128) JE(58) CA(16) BA(33) EM(51)AI(62)JE(95)RF(6)CS(31)BA(3)CS(14) IVa(2)IVb(8)CS(13) IVa(1)IVb(58)EM(108)CA(82)RF(45)CG(16)BA(15)EM(101)JE(20)BA(35)EM(45)AI(58)CG(24)BA(32)CG(500)CA(125) JE(140) RF(88) PA(73) PVSCALE OF FEET3003060© 2018 StantecProject No.ScaleNotesIssued/Revision6A54321BCDEConsultantORIGINAL SHEET - ARCH E1 Permit/SealYYYY.MM.DDLANDSCAPE ARCHITECTUREWAGNERHODGSONVT802.864.0010wagnerhodgson.comNY518.567.1791430 Warren Street Hudson, NY 12534218421340EXHIBIT04-08-20222021.10.15ISSUED FOR PERMIT2021.11.05REVISED2022.01.04REVISED2022.01.13REVISED2022.01.31REVISED2022.04.08REVISEDStantec Architecture and Engineering P.C.311 Summer StreetBoston, MA 02210-1723Tel: (617) 234-3100www.stantec.com 1" = 30'-0"LAWNNO-MOWDETENTIONCONSERVATIONSEED LEGEND11" = 20'-0"RAIN GARDEN ENLARGEMENTL-200ALANDSCAPE PLAN(A-BUILD) 370'370'365'365'365'365'360'360'360'360'360'360' 35 5 '355'355'355'355'355'355' 350' 350'350'350' 35 0 ' 345' 345' 345' 345' 345 ' 345 ' 34 5 ' 340' 340'340'3 4 0 '340' 340'340'335'335'335'335'335'335'335'335'330'XXXXXXXXXXXXAE&TXXXXSD SD SD SD SD AE&T XSDSDSDSDSDSDSDSD SDSDSDBBBBBBBBBBBBBWVWVSOSWSWV WWVWVWVWVW W W AE&T AE&T AE&TAE&T AE&TAE&T AE&TAE&TSDAE&T AE&T AE&TAE&TAE&TAE&TAE&TATATAT ATATATATAE&TAE&TAE&TAE&TAE&TAE&TAE&TAE&TAE&TAE&TAE&TAE&TAE&TATAE&TAE&TAE&TAE&TATAE&TAE&TAE&TAE&TAE&T AE&TAE&TAE&TATGATE TEST STATIONTEST STATIONGATE VSE811 PUNCH MARK IN LEDGEN 715191.787E 1473205.666EL 359.616VSE825 MAGHUBN 714877.005E 1473559.635EL 366.785VSE8025/8"REBAR VSE CONTROL CAPN 715199.561E 1473526.049EL 369.971STEPSPAVEDCONCRETEWOODSSILL 333.5XEX I S T I N G P R O P E R T Y L I N E EXISTING PROPERTY LINE/ZONING LINEEXISTING PARCEL LINE/ZONING LINE20' WIDE EASEMENTEXISTING PROPERTY LINEEXISTING PROPERTY LINE30' WIDE SEWER FORCE MAIN EASEMENT EXISTING PROPERTY LINE EXISTING PROPERTY LINE 30' WIDE SEWER FORCE MAIN EASEMENT 30' WIDE SEWER FORCE MAIN EASEMENT3000 WILLISTON RDN/F MINGLEWOOD PROPERTYMANAGEMENT, LLC3 CALKINS CTN/F CALKINS FAMILYLIMITED PARTNERSHIP5 CALKINS CTN/F CALKINS FAMILYLIMITED PARTNERSHIP4016 WILLISTON RDN/F SM & S REALTY(PETE'S RV CENTER)4016 WILLISTON RDN/F SM & S REALTY(PETE'S RV CENTER)20' WIDE EASEMENT20' WIDE EASEMENT EXISTING PARCEL LINE/ZONING LINEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEUGCUGCUGCUGCUGCUGCUGCUGCUGCUGCUGC TMH TMHUGCUGCUGCUGCTMH UGC UGC UGC UGC UGC UGC UGC U G C UGC UGC UGC UGC UGCUGCUGCUGCTMH UGE UGE UGE UGE UGE UGE UGE UGE UGEUGEUGEUGE UGE UGE U G E UGEMH UGE UGEUGEUGEUGEUGEUGEUGEMH (76) PVCONSERVATION MIXCONSERVATION MIXCONSERVATIONMIXCONSERVATIONMIXNO-MOW MIX(1) UAb(2) UAb(4) PSb(10) JV(9) PG(2) GTb(2) GTa(1) QR(4) ZS(3) AFb(13) BN(2) QR(1) AFb(5) GTa(3) GTa(2) ZS(2) AFb(3)UAb(2) GTb(1) AFb(3) GTb(2) UAa(2) UAa(5) GTa(3) QR(3) AFb(4) ZS(3) GTb(2) AFa(2) PSa(2) UAb(2) UAb(2) NS(2) UAb(1) QR(5) PG(16) TO(18) TO(1) AFb(2) GTb(24) VD(13) DL(19) VD(19) PF(20) SP(2) AFb(19) JC(18) SP(1) NS(136) SH(10) DL(12) DL(26) PF(22) JC(163) SH(1) QB(2) UAb(2) AFb(3) ZS(2) AFb(3) ZS(2) GTb(3) QR(17) TO(89) SH(11) RA(5) VD(3) NS(11) DL(17) JC(9) JC(2) ZS(1) GTb(1) AFb(3) AFa(1) AFb(3) PG(1) QB(2) QB(2) AFb(3) BN(2) QB(1) UAb(3) JV(5) PSa(1) AFa(1) QR(1) AFa(1) QR(2) AFaMATCHLINE SEE L200MATCHLINE SEE L201MATCHLINE SEE L200MATCHLINE SEE L201(3) AFa(2) UAb(2) PG(76) PV(136) SH(2) Qb(3) UAa(10) SP(20) JC(12) PF(26) RARAIN GARDEN : SEEENLARGEMENT #1RAIN GARDEN : SEEENLARGEMENT #1(2) UAa(12) DL(13) PFSCALE OF FEET3003060© 2018 StantecProject No.ScaleNotesIssued/Revision6A54321BCDEConsultantORIGINAL SHEET - ARCH E1 Permit/SealYYYY.MM.DDLANDSCAPE ARCHITECTUREWAGNERHODGSONVT802.864.0010wagnerhodgson.comNY518.567.1791430 Warren Street Hudson, NY 12534218421340EXHIBIT04-08-20222021.10.15ISSUED FOR PERMIT2021.11.05REVISED2022.01.04REVISED2022.01.13REVISED2022.01.31REVISED2022.04.08REVISEDStantec Architecture and Engineering P.C.311 Summer StreetBoston, MA 02210-1723Tel: (617) 234-3100www.stantec.com 1" = 30'-0"LAWNNO-MOWDETENTIONCONSERVATIONSEED LEGENDL-201ALANDSCAPE PLAN(A-BUILD) 3 TIMES THE ROOT BALL DIAMETERMULCH RING, 6'-8' DIA.TREE SET TO BE PLUMBPRUNING SHALL BE DONE AFTER DELIVERY OF PLANTSAND AFTER PLANTS HAVE BEEN INSPECTED ANDAPPROVED BY THE LANDSCAPE ARCHITECT.PRUNING PROCEDURES SHALL BE REVIEWED WITH THELANDSCAPE ARCHITECT BEFORE PROCEEDING.PRUNING SHALL BE DONE WITH A CLEAN SHARPTOOL. CUTS SHALL BE MADE FLUSH, LEAVING NOSTUBS. NO TREE PAINT SHALL BE USED. DEAD WOOD,SUCKERS AND BROKEN AND BADLY BRUISEDBRANCHES SHALL BE REMOVED.2" MULCH. DO NOT PLACE MULCH IN CONTACT WITHTREE TRUNK. MAINTAIN MULCH WEED-FREE FOR A MIN.OF ONE YEAR AFTER PLANTING.BACKFILL WITH EXISTING SOIL IN SANDY LOAM SOIL, MIX IN20% COMPOSTED ORGANIC MATERIAL WITH EXISTING SOIL.GENTLY PACK THE BACKFILL, USING WATER TO SETTLE SOILAND ELIMINATE AIR POCKETS.PLACE ROOT BALL ON UNEXCAVATEDOR COMPACTED NEW SUBGRADE TOPREVENT SETTLEMENT.TRUNK PROTECTION,REINFORCED RUBBER HOSEDOUBLE #10 GA. TWISTED GUYING WIRE,3 PER TREE WITH TURNBUCKLEMARK THE NORTH SIDE OF THE TREE IN THENURSERY, AND ROTATE TREE TO FACE NORTHAT THE SITE WHENEVER POSSIBLE.EACH TREE MUST BE PLANTED SUCH THATTHE TRUNK FLARE IS VISIBLE AT THE TOPOF THE ROOT BALL. TREES WHERE THETRUNK FLARE IS NOT VISIBLE SHALL BEREJECTED. DO NOT COVER THE TOPOF THE ROOT BALL WITH SOIL.SET TOP OF MAIN ORDER ROOTS FLUSHTO GRADE OR 1"-2" HIGHER IN SLOWLYDRAINING SOILS.4" HIGH TEMPORARY SOIL SAUCER BEYONDEDGE OF ROOT BALL.REMOVE ALL TWINE, ROPE, WIRE AND BURLAPFROM TOP HALF OF ROOT BALL, 8" MIN. IF PLANTIS SHIPPED WITH A WIRE BASKET AROUND THEROOT BALL, CUT THE WIRE BASKET IN FOURPLACES AND FOLD DOWN 8" INTO PLANTINGHOLE. CUT ALL GIRDLING ROOTS.DUCK BILL TREE ANCHORNOTES:1. REMOVE ALL NON - BIODEGRADABLE MATERIALFROM PLANT PIT.2. REMOVE ALL PLANT MATERIAL TAGS, FLAGGING, ANDEXTRANEOUS LABELS, ETC.3 TIMES THE ROOT BALL DIAMETERMULCH RING, 6'-8' DIA.TREE SET TO BE PLUMBDO NOT HEAVILY PRUNE THE TREE AT PLANTING, PRUNEONLY CROSSOVER LIMBS, CO-DOMINANT LEADERS, ANDBROKEN OR DEAD BRANCHES. SOME INTERIOR TWIGSAND LATERAL BRANCHES MAY BE PRUNED; HOWEVER,DO NOT REMOVE THE TERMINAL BUDS OF BRANCHESTHAT EXTEND TO THE EDGE OF THE CROWN.2" MULCH. DO NOT PLACE MULCH IN CONTACT WITHTREE TRUNK. MAINTAIN MULCH WEED-FREE FOR AMINIMUM OF ONE YEAR AFTER PLANTING.BACKFILL WITH EXISTING SOIL IN SANDY LOAM SOIL, MIXIN 20% COMPOSTED ORGANIC MATERIAL WITH EXISTINGSOIL. GENTLY PACK THE BACKFILL, USING WATER TOSETTLE SOIL AND ELIMINATE AIR POCKETS.PLACE ROOT BALL ON UNEXCAVATED OR COMPACTEDSUBGRADE TO PREVENT SETTLEMENT.TRUNK PROTECTION, REINFORCED RUBBER HOSEDOUBLE #10 GA. TWISTED GUYING WIRE, 3 PER TREEWITH TURNBUCKLEMARK THE NORTH SIDE OF THE TREE IN THE NURSERY,AND ROTATE TREE TO FACE NORTH AT THE SITEWHENEVER POSSIBLE.EACH TREE MUST BE PLANTED SUCH THAT THE TRUNKFLARE IS VISIBLE AT THE TOP OF THE ROOT BALL. TREESWHERE THE TRUNK FLARE IS NOT VISIBLE SHALL BEREJECTED. DO NOT COVER THE TOP OF THE ROOT BALL WITH SOIL.SET TOP OF MAIN ORDER ROOTS FLUSH TO GRADE OR1"-2" HIGHER IN SLOWLY DRAINING SOILS.4" HIGH TEMPORARY SOIL SAUCER BEYOND EDGE OFROOT BALL.REMOVE ALL TWINE, ROPE, WIRE AND BURLAP FROM TOPHALF OF ROOT BALL, 8" MIN. IF PLANT IS SHIPPED WITH AWIRE BASKET AROUND THE ROOT BALL, CUT THE WIREBASKET IN FOUR PLACES AND FOLD DOWN 8" INTOPLANTING HOLE. CUT ALL GIRDLING ROOTS.NOTES:1. REMOVE ALL NON - BIODEGRADABLE MATERIALFROM PLANT PIT.2. REMOVE ALL PLANT MATERIAL TAGS, FLAGGING, ANDEXTRANEOUS LABELS, ETC.3 TIMES THE ROOT BALL DIAMETERNOTES:1. REMOVE ALL NON - BIODEGRADABLE MATERIAL FROM PLANT PIT.2. REMOVE ALL PLANT MATERIAL TAGS, FLAGGING, AND EXTRANEOUS LABELS, ETC.2" MULCH. DO NOT PLACEMULCH IN CONTACT WITHSHRUB TRUNK. MAINTAIN MULCHWEED-FREE FOR A MINIMUM OFONE YEAR AFTER PLANTING.BACKFILL WITH EXISTING SOILIN SANDY LOAM SOIL, MIX IN 20%COMPOSTED ORGANIC MATERIALWITH EXISTING SOIL. GENTLYPACK THE BACKFILL, USINGWATER TO SETTLE SOIL ANDELIMINATE AIR POCKETS.PLACE ROOT BALL ONUNEXCAVATED OR COMPACTEDSUBGRADE TO PREVENTSETTLEMENT.PRUNE TO REMOVE DEAD ANDDAMAGED STEMS. MAINTAINNATURAL SHAPE OF PLANT. DONOT SHEAR PLANT4" HIGH TEMPORARY SOIL SAUCERBEYOND EDGE OF ROOT BALL.REMOVE ALL TWINE, ROPE, WIREAND BURLAP FROM TOP HALF OFROOT BALL, 8" MIN. IF PLANT ISSHIPPED WITH A WIRE BASKETAROUND THE ROOT BALL, CUTTHE WIRE BASKET IN FOUR PLACESAND FOLD DOWN 8" INTOPLANTING HOLE. CUT ALLGIRDLING ROOTS.SHRUB SET TO BE PLUMBSET TOP OF MAIN ORDER ROOTSFLUSH TO GRADE OR 1"-2" HIGHERIN SLOWLY DRAINING SOILS.2"12" MIN.FINISHGRADENOTES:1. REMOVE ALL NON - BIODEGRADABLEMATERIAL FROM PLANT PIT.2. REMOVE ALL PLANT MATERIAL TAGS,FLAGGING, AND EXTRANEOUS LABELS, ETC.2" LAYER MULCH - DO NOTPLACE MULCH IN CONTACTWITH PLANT STEMSGROUNDCOVER, VINE ORPERENNIAL, TYP.TOPSOIL / PLANTING SOILAMEND PER SOIL TESTRECOMMENDATIONSUNEXCAVATED GROUNDOR SUBGRADEFINISHGRADENOTES:1. REMOVE ALL NON - BIODEGRADABLEMATERIAL FROM PLANT PIT.2. REMOVE ALL PLANT MATERIAL TAGS,FLAGGING, AND EXTRANEOUS LABELS, ETC.2"12" MIN.2" LAYER MULCH - DO NOTPLACE MULCH IN CONTACTWITH PLANT STEMSGROUNDCOVER, VINE ORPERENNIAL, TYP.TOPSOIL / PLANTING SOILAMEND PER SOIL TESTRECOMMENDATIONSUNEXCAVATED GROUNDOR SUBGRADESPACING "D"ROW "A"NUMBER OFPLANTS/SQ.FT.60" O.C.51.96"0.0448" O.C41.52"0.0742" O.C.36.52"0.1036" O.C.31.20"0.1230" O.C.26.00"0.1824" O.C.20.76"0.28NOTE:QUANTITY OF SHRUBS AND SPACING AS NOTED IN PLANTINGSCHEDULESHRUB SPACINGPLANT CENTERPLANT ROWAADDDDDALL EQUAL OR AS SHOWNON PLANTING PLANNOTES:1. REMOVE ALL NON - BIODEGRADABLE MATERIAL FROM PLANT PIT.2. REMOVE ALL BASE MATERIALS FROM CONSTRUCTION FROM THE PLANTING AREA.3. REMOVE ALL PLANT MATERIAL TAGS, FLAGGING, AND EXTRANEOUS LABELS, ETC.4. REMOVE ALL WEEDS FROM BASE OF PLANT.SEEDED LAWN: CATAMOUNT SEEDGREEN MOUNTAIN SPECIAL MIXSCREENED LOAMCOMPACTED SUBGRADE4"FINISHGRADESODED LAWNSCREENED LOAMCOMPACTED SUBGRADE4"FINISHGRADEBORDER CONCEPTS, INC.CHARLOTTE, NC1-800-845-33431-704-541-5610PLANTING BED316" BORDER CONCEPTSUNFINISHED STEEL EDGINGTOPSOIL15" STEEL STAKEUNDISTURBED EARTH ORAPPROVED FILLCOMPACTED TO 95% STD.PROCTORLAWN FINISHED GRADE12" MIN. PLANTING SOILAMEND PER SOIL TESTRECOMMENDATIONSPLANTING BED WITH 2"SHREDDED HARDWOODMULCH3"VARIESSEE PLANBORDER CONCEPTS, INC.CHARLOTTE, NC1-800-845-33431-704-541-5610TOPSOIL15" STEEL STAKEUNDISTURBED EARTH ORAPPROVED FILL COMPACTEDTO 95% STD. PROCTORPLANTING BED1"-1 12" WASHED ROUND STONE,HINESBURG SAND AND GRAVELOR EQ. LANDSCAPE ARCHITECTTO APPROVE SAMPLE316" BORDER CONCEPTSUNFINISHED STEEL EDGING4" DIA. PERF. DRAIN PIPE - SEECIVIL DWGS FOR CONNECTIONTO STORM WATERFILTER FABRICBUILDING WALL© 2018 StantecProject No.ScaleNotesIssued/Revision6A54321BCDEConsultantORIGINAL SHEET - ARCH E1 Permit/SealYYYY.MM.DDLANDSCAPE ARCHITECTUREWAGNERHODGSONVT802.864.0010wagnerhodgson.comNY518.567.1791430 Warren Street Hudson, NY 12534218421340EXHIBIT04-08-20222021.10.15ISSUED FOR PERMIT2021.11.05REVISED2022.01.04REVISED2022.01.13REVISED2022.01.31REVISED2022.04.08REVISEDStantec Architecture and Engineering P.C.311 Summer StreetBoston, MA 02210-1723Tel: (617) 234-3100www.stantec.comL-202AVARIESPLANTING NOTES1. All plant material in the plant schedule shall be nursery grown in accordance with ANSI inaccordance with Z.60.1 Standards for measurement of nursery stock.2. All plants shall be guaranteed by the Contractor for a period of one year from date of receiptof Provisional Acceptance of the completed installation by the Owner.3. Replacement plantings will be required prior to Final Acceptance for any plants which aremissing, not true to specifications, have died or are unhealthy or uncharacteristic of thespecies (due to excessive pruning, dieback or other reasons).4. All plant materials shall be selected and tagged at the nursery by Landscape Architect.5. The Landscape Architect's approval is required for any plant material substitutions.6. The Contractor is responsible for immediately notifying the Landscape Architect if any plantquantity discrepancies exist between the planting plan and the plant list.7. All shrubs and trees will be sprayed with the anti-desiccant "Wilt-Pruf" ( or approved equal)prior to the first Winter (no later that November 30).8. The Landscape Contractor shall have the General Contractor locate all underground utilitiesin areas to be landscaped prior to commencing any excavation. Adjustments to tree locationswill be allowed where utility conflicts are clearly a problem and with prior site approval byLandscape Architect.9. All plant bed, shrub and tree location shall be staked in the field by Contractor for LandscapeArchitects approval prior to installation.10. Adjustments to plant beds shall be approved by Landscape Architect.11. General Contractor is responsible for all erosion control measures during construction.12. All disturbed areas are to be topsoiled and seeded or sodded, as indicated in the plantingplan.13. Mulch shall consist of double-shredded hardwood mulch or approved equal and Contractor isresponsible for providing samples of mulch to Landscape Architect. Mulch plant materials asshown on plan and details.14. It is the intent of this contract to avoid any disturbance to existing trees or shrubs on siteother than those specifically designated for transplant or removal.15. Liquidated damages for trees damaged by construction operation shall be $500 per caliperinch. Shrubs shall be $100 each.16. During construction, and until the end of warranty period, existing trees that are showingsigns of stress as determined by the Landscape Architect are to be deep root fertilized, twoinjections per caliper inch per tree at 18" - 24" depth with Peter's 20/20/20 fertilizer orLandscape Architect approved equal.17. Contractor is responsible for verifying and confirming all plant counts as supplied by theLandscape Architect with field conditions as constructed. Any discrepancies shall be reportedto Landscape Architect for approval and direction.18. Tree transplanting shall be performed by a suitable hydraulic tree spade, sized as necessary toperform the work.19. Prior to commencement of any construction, all existing trees to remain shall receive treeprotection fence at outer edge of dripline whenever possible.11/2" = 1'-0"DECIDUOUS TREE PLANTING21/2" = 1'-0"CONIFEROUS TREE PLANTING31" = 1'-0"SHRUB PLANTING41" = 1'-0"GROUNDCOVER PLANTING51" = 1'-0"GRASS AND PERENNIAL PLANTING101/2" = 1'-0"PLANTING DIAGRAM63/4" = 1'-0"SEEDED LAWN73/4" = 1'-0"SOD LAWN81" = 1'-0"PLANTING BED EDGING91" = 1'-0"DRIP EDGEO V E R A L L P L A N T S C H E D U L EKEYQTY.SCIENTIFIC NAMECOMMON NAMESIZESPACINGD E C I D U O U S T R E E SAFa 17Acer x freemanii 'Autumn Blaze'AUTUMN BLAZE FREEMAN MAPLE3.5"-4" CAL. AS SHOWNAFb 26 Acer x freemanii 'Autumn Blaze'AUTUMN BLAZE FREEMAN MAPLE4.5"-5" CAL. AS SHOWNAG 6Amelanchier x grandiflora 'Autumn Brilliance'AUTUMN BRILLIANCE SERVICEBERRY10'-12' HT. AS SHOWNBN 23Betula nigra 'Heritage' (single stem)SINGLE STEM RIVER BIRCH3"-3.5" CAL. AS SHOWNCC 6Carpinus carolinianaAMERICAN HORNBEAM3"-3.5" CAL. AS SHOWNGTa 15Gleditsia triacanthos f. inermis 'Streetkeeper'HONEYLOCUST3.5"-4" CAL. AS SHOWNGTb 15Gleditsia triacanthos f. inermis 'Streetkeeper'HONEYLOCUST4.5"-5" CAL. AS SHOWNNS 8Nyssa sylvaticaBLACK TUPELO3.5"-4" CAL. AS SHOWNQB14Quercus bicolorSWAMP WHITE OAK4"-4.5" CAL. AS SHOWNQR15Quercus rubraRED OAK3.5"-4" CAL. AS SHOWNUAa 17 Ulmus x 'Accolade'ACCOLADE ELM3.5"-4" CAL. AS SHOWNUAb22Ulmus x 'Accolade'ACCOLADE ELM4.5"-5" CAL. AS SHOWNZS 18 Zelkova serrata 'Green Vase'JAPANESE ZELKOVA3"-3.5" CAL. AS SHOWNE V E R G R E E N T R E E SJV13Juniperus virginianaEASTERN RED CEDAR6-7'AS SHOWNPG 25Picea glauca 'Montrose Spire'MONTROSE SPIRE WHITE SPRUCE6-7'AS SHOWNPSa 7Pinus strobusEASTERN WHITE PINE6'-7'AS SHOWNPSb 7 Pinus strobusEASTERN WHITE PINE8'-10'AS SHOWNTCa44Tsuga canadensisEASTERN HEMLOCK6'-7'AS SHOWNTCb 6Tsuga canadensisEASTERN HEMLOCK8'-10'AS SHOWNTO 51Thuja occidentalis 'Nigra'NIGRA ARBORVITAE6'-7'AS SHOWNS H R U B SDL 58Diervilla loniceraNORTHERN BUSH HONEYSUCKLE #5AS SHOWNCS 20Cornus sericea 'Isanti'ISANTI RED-TWIG DOGWOOD#5AS SHOWNJC87Juniperus chinensis 'Sea Green'SEA GREEN JUNIPER#5AS SHOWNIVa 53Ilex verticilata 'Red Sprite'WINTERBERRY (FEMALE)#5AS SHOWNIVb 6Ilex verticilata 'Jim Dandy'WINTERBERRY (MALE)#5AS SHOWNPF 70Potentilla fruiticosa 'Abbotswood'ABBOTSWOOD CINQUEFOIL#3AS SHOWNRA 162Rhus aromatica 'Gro-Low'GROW-LOW SUMAC#3AS SHOWNSP 48Syringa meyeri 'Palibin'DWARF KOREAN LILAC#5AS SHOWNVD 48Viburnum dentatum 'Blue Muffin'ARROWWOOD VIBURNUM#5AS SHOWNG R A S S E SCA 840 Carex strictaTUSSOCK SEDGE#118" O.C.CK 53Calamagrostis acutifolia 'Karl Foerster'FEATHER REED GRASS#224" O.C.JE416Juncus effususCOMMON RUSH#118" O.C.PV 315Panicum virgatum 'Shenandoah'SHENANDOAH SWITCH GRASS#224" 0.C.SH 524Sporobolus heterolepsis 'Tara'TARA PRAIRIE DROPSEED#118" 0.C.P E R R E N I A L SAI123Aesclepias incarnataSWAMP MILKWEED#224" O.C.BA115Baptisia australisFALSE INDIGO#224" O.C.CG202Chelone glabraWHITE TURTLEHEAD#118" O.C.DP238Dennstaedtia punctilobulaHAY-SCENTED FERN#118" O.C.EM141Eupatorium maculatum 'Gateway'JOE-PYE WEED#224" O.C.PA148Perovskia atriplicifolia 'Blue Jean Baby'DWARF RUSSIAN SAGE#118" O.C.RF502Rudbeckia fulgida 'Goldsturm'BLACK-EYED SUSAN#118" O.C.PLANT SCHEDULE(A-BUILD) 1200 Airport Drive, #1 South Burlington, VT 05403 Blain Newton Chief Operating Officer Beta Technologies 1150 Airport Drive S. Burlington, VT 05403 April 7, 2022 Dear Mr. Newton, It is with great pleasure that I submit this letter in support of Beta’s necessary parking strategy at the Burlington International Airport (BTV), until a permanent parking solution is able to be constructed. In particular, ample parking of approximately 200 spaces, will be available to Beta located to the north west of the BTV Quick Turn-Around Facility (QTA), or northern most lot on the left side of Airport Drive across from the surface airport employee and crew parking areas, known as Lot B and Lot C. Currently residing in this lot are rental cars, which will migrate to the QTA facility by September 1, 2022, due to the large queuing area designed for this purpose. If additional space is needed, Lot C can be utilized, located at the north most lot on the right side of Airport Drive. If further space is needed, the airport parking garage 5th level, is available as well. I am pleased to assist Beta in their parking needs. If further questions are had, please do not hesitate to reach out to me directly at 802-503-7368. Best, Nic Longo Acting Director of Aviation Burlington International Airport nlongo@btv.aero 802-503-7368 BURLINGTON INTERNATIONAL AIRPORT Stantec Consulting Services Inc. 55 Green Mountain Drive, South Burlington VT 05403-7824 April 12th, 2022 File: 218421340 Attention: Marla Keene, Development Review Planner c/o City of South Burlington Planning and Zoning 575 Dorset Street, South Burlington, Vermont 05403 Reference: BETA Assembly Facility – Traffic Cover Letter Dear Ms. Keene and Members of the Board Excess stockpiled materials were originally intended to remain on BTV property but due to the ongoing and impending development at Burlington International Airport, these materials are not able to be kept onsite. The Applicant has identified a suitable site permitted to receive this material and has completed a truck traffic memo, attached, which provides an estimate the truck trips associated with the soil relocation and describes the proposed haul route. In addition, the applicant has provided a Traffic Demand Management (TDM) plan (attached) in support of a reduction in traffic impact fees. These documents have been provided for Development Review Board (DRB) and City Staff review and consideration. Regards, Stantec Consulting Services Inc. Christopher Gendron, PE Associate Phone: (802) 497-6402 List of Supporting Documents: 1) Truck Traffic Memo, dated April 7, 2022 2) TDM Plan, dated April 12, 2022 Engineers Scientists Planners Designers 40 IDX Drive, Building 100, Suite 200, South Burlington, Vermont 05403 P 802.497.6100 F 802.495.5130 www.vhb.com To: Chris Gendron, PE Date: April 7, 2022 Project #: 58590.00 From: Jennifer Conley, PE, PTOE Nikki Mann Re: Truck Traffic Impact Analysis VHB completed the following truck impact analysis to estimate additional truck trips associated with BTV exporting soils off site and the resulting impact on the roadway network in South Burlington. The soil removal is anticipated to occur during the 2022 construction season. Based on the amount of soil that would need to be removed and the likely rate of removal, it is anticipated that there will be between 80 and 100 truck trips removing soil over a 10-hour day resulting in an average of 10 trucks trips per hour in each direction over the course of the day. Unlike commuter trips or other trips that are anticipated to have clear peak periods, this removal occurs steadily over the course of the day. These trucks will arrive at the site empty, be filled with soil, travel to a drop off location and return empty for refill. Two sites have been identified to receive the soil: the SD Ireland quarry on South Brownell Road in Williston and SD Ireland’s yard on Avenue A in Williston. The routes these trucks are likely to take to and from these locations are illustrated in Figure 1 on the following page. As shown in the figure, trucks destined for Avenue A in Williston will travel along Williston Road to the east of the BTV Quarry Site. Trucks destined for South Brownell Road will travel on the route shown in the figure, via Williston Road to the east to reach South Brownell Road. VHB evaluated conditions with 10 truck trips arriving at the BTV Quarry Site and 10 truck trips leaving the BTV Quarry Site each hour, split between the likely routes illustrated in Figure 1. For comparison purposes, VHB plotted the anticipated truck volumes on the 2022 No Build traffic volume diagrams. As anticipated, the maximum truck trip impact will occur on Williston Road when 10 peak hour trips travel in each direction. These 20 truck trips will comprise less than 2 percent of the traffic volume in each direction on Williston Road and is not expected to create a significant impact. Figure 2 illustrates the truck volumes superimposed over the 2022 No Build traffic volume networks. Summary and Conclusion VHB estimated the number of trucks that would visit the BTV Quarry Site as a result of the earth removal operation necessary to construct a developable pad. Over the course of the day, it is anticipated that 10 trucks per hour will visit the site and bring soil to two different SD Ireland locations in Williston. As a result, the peak impact on any roadway segment will be twenty trucks per hour (ten heading to BTV Quarry Site and ten heading away), representing less than two percent of the existing traffic flow on Williston Road. Chris Gendron, PE Ref: 58590.00 April 7, 2022 Page 2 Figure 1. Truck Travel Routes Figure 2. Anticipated Truck Volumes 1 Marla Keene From:Michael Keller <mskcpa77@gmail.com> Sent:Tuesday, March 29, 2022 1:09 PM To:Marla Keene Subject:EXTERNAL: Beta Project This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. I was dumbfounded this morning to hear of the conditions attached to the Beta project. To ask a company to build another building so a parking lot can’t be seen from the road? I can’t think of any places in South Burlington that a parking lot is not visible. Pete’s RV being a prime example. Let’s not drive an economic engine out of South Burlington or possibly Vermont for such a ludicrous condition. Most places would be ushering this through the permit process not complicating it. Sent from my iPad 1 Marla Keene From:Pamela J Smith <psmith58vt@outlook.com> Sent:Tuesday, March 29, 2022 3:48 PM To:Marla Keene Subject:EXTERNAL: BETA TECHNOLOGIES This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Marla Keene I am a 5th generation Vermonter and my grandparents owned the Poor Farm in Colchester. I have seen much in the way of generating new business in Chittenden County and throughout my State. My grandparents were instructed to selloff alot of our land to build Intersate 89 and also to build Colchester school. They (we) were not given a choice. My reason for this information to you is let you know that what South Burlington Vermont does really affects all of Chittenden County. I was really quite distressed when I heard on the news today (WCAX) of the decision from DRB of South Burlington. I felt that the reason given for not allowing the expansion of a company that we really need in our county is not making sense to me. We are surrounded by parking lots in this county. Have you looked at the Airport? Have you looked at Williston? I have resided in my Burlington apartment for 17 years and there are many parking lots. Just to let you know that we NEED this company in Chittenden County and the decision that South Burlington chooses is not theirs alone. I have lived in other cities and states in beautiful USA and seen much growth in those cities and one thing for sure when you build a business you will have parking lots. One thing I am sure of in my 63 years of living, the owners of Beta Technologies will in take their innovative business to another place and the loss will be on the Vermonters not just South Burlington. I ask of you to please consider the message that South Burlington Vermont is giving other companies that might be interested in coming to our beautiful state. Let me close with how I opened. My grandparents raised 13 children in Colchester Vermont and I mostly spend my youth at the Poor Farm whereas the farmhouse is still there. They understood when Vermont said to them we need your land to help the communities for the Interstate and the Colchester schools. They did not want anyone developing the land but at the end of the day they did realize that it was more about what was best so that we could progress. I am not asking South Burlington to compromise on what is best for our County. What I am asking is that we do not close the door on our future with this company and other future businesses that desire to be a part of our lives. Thank you so very much for your consideration. Pamela Jean Smith Burlington Vermont 1 Marla Keene From:Carolyn Bates <cbatesbt@gmail.com> Sent:Wednesday, March 30, 2022 11:28 AM To:Carolyn Bates; Marla Keene Subject:EXTERNAL: Beta This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. DRB All I see on Williston rd are parking lots. Why are you asking Beta to have a building in front of their parking lot. ??? They are making it a park. Much prettier than a metal building. Please change your rules today and allow them to build here instead of Plattsburgh. They are one of the coolest companies here in Vermont. Let’s help them build here. Ok Thank you Carolyn 802-238-4213 Sent from my iPhone Carolyn L. Bates Photography (802) 238-4213 cbatesbt@gmail.com ADDRESS: PO Box 1205, Burlington, VT 05402 www.carolynbates.com Facebook • Instagram • Twitter Buy My Latest Publication! A Keene Eye on Architecture: Sketchbook www.carolynbates.com Bookshop.org • Barnes & Noble •Amazon 1 Marla Keene From:Lynn Cummings <Lynn.Cummings@uvm.edu> Sent:Wednesday, March 30, 2022 4:52 PM To:Marla Keene Subject:EXTERNAL: Beta/Parking lot issue This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear Zoning Folks - Please do what you can to KEEP Beta here. This board has allowed all sorts of huge housing developments to expand all over the place, yet you are making a ridiculous decision about where a parking lot is going at the risk of actually keeping a tax-paying, good commercial business in S. Burlington. That makes no sense at all. Please, please, please, allow them to put their parking lot next to the road if that is what it takes to keep them. Who cares? The airport parking garage and parking at all sorts of other businesses in the area is next to the street, so why would this business have to do something no one else around there has to do? It is senseless! Thank you, Lynn Cummings, Spear St., S. Burlington 1 Marla Keene From:Andy Duback <andyduback@gmail.com> Sent:Wednesday, March 30, 2022 1:00 PM To:Marla Keene Subject:EXTERNAL: BETA This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hi Marla, I hope you're well. I just read the Seven Days story about the BETA expansion and I'd like to share my two basic thoughts: 1) BETA is a very important economic driver statewide and could end up being the biggest economic driver. This translates into a better standard of living for many Vermonters; and 2) If BETA ends up leaving Vermont because of parking .... I'm trying to think of a polite way to phrase this ... we will end up looking back and kicking ourselves for not making necessary accommodations. What's necessary - it seems to me - is speed in the permitting process. The accommodation needs to happen soon because this industry (electric aerospace) is highly competitive and BETA can't wait around to deal with a parking issue while they're trying to out-compete multiple major players on the international stage. So, I am writing to urge you to move quickly and in an accommodating way. They are not asking for the world, but a way to park employees' vehicles. There is a lot of grass on the other side of their facility ... it looks to me like it's time to put up a parking structure (added benefit: that will absorb some sound from the airport). Thanks for reading, Andy in Williston — Andy Duback (802) 238-0392 1 Betsy Brown From:Zack Papst <zack.papst@gmail.com> Sent:Wednesday, March 30, 2022 4:43 PM To:planning Subject:EXTERNAL: Beta Tech This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. I'm very disappointed to learn that a project that could transform the area for the better is being stalled over a parking lot. This is the kind of red tape that cause vermont to have such a poor economy and high taxes. We need housing and jobs. I thought your main roll was to facilitate this not be the only reason Plattsburgh gets this business opportunity. I will take a much look at South Burlington elections in the future. This area is turning into a rust belt and we have red tape around of the few economic life lines vermont has seen in decades. 1 Marla Keene From:Lea Terhune <leaterhune44@gmail.com> Sent:Wednesday, March 30, 2022 12:33 PM To:Marla Keene Subject:EXTERNAL: Bye bye Beta This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. South Burlington DRB: Good for you! Beta has to follow the rules, which in this case are well founded. It appears to me that Beta bulldozed their application through, ignoring zoning regulations regarding parking in front of building. Obviously they did not do a preliminary sketch plan review. They intended to bully this permit with publicity that would get Gov. Scott involved. The rules are for EVERYBODY, and Beta had lots of parking options that honor S.Burlington's development regs. If they treat community this way, more of the same will follow. Let them go elsewhere. It's not good business to treat your community this way, and if this is how they do business their project will soon be another ugly pit with a big parking lot in front. Lea Terhune 1 Marla Keene From:dbourgea <dbourgea@comcast.net> Sent:Friday, April 1, 2022 9:56 AM To:Marla Keene Subject:EXTERNAL: Concerned Taxpayer This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. To: The South Burlington Development Review Board The local news coverage this week of Beta Technologies proposed construction has reported that this board has halted progress due to a parking lot location. I strongly encourage you to grant a variance immediately, so as not to risk losing this new business to another locale. After our tax reappraisal of 2021, as a taxpayer, I welcome the jobs and tax revenue they bring to help us build a solid tax base. Might I remind you of an abandoned Airbase in Plattsburgh that has equally ideal or likely better conditions, access and location than South Burlington, not to mention tax incentives to be there. Don't blow this opportunity! David Bourgea Sent from my Galaxy 1 Paul Conner From:Karen Thompson <kthompsonvt@gmail.com> Sent:Friday, April 1, 2022 5:03 AM To:Paul Conner Subject:EXTERNAL: Beta Industries This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. If you let Beta leave the state over a parking lot you will be held accountable for so many people losing good jobs- what is wrong with you people? Over a parking lot , really? Not to smart when the state is working hard to keep young people here you’re doing your best to drive them out! Please reconsider- most people I know think you’re pretty dumb . Karen Thompson 1 Marla Keene From:Kristin McClure <kristinlmcclure@gmail.com> Sent:Sunday, April 3, 2022 10:53 AM To:Marla Keene Subject:EXTERNAL: Fwd: BETA - South Burlington Parking Lot This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Ms. Keene, I did not see the contact information of the other members of the South Burlington Development Review Board. I would also like to encourage your Board to resolve the issue swiftly and in the interest of Beta Technologies. ---------- Forwarded message --------- From: Kristin McClure <kristinlmcclure@gmail.com> Date: Sun, Apr 3, 2022 at 10:50 AM Subject: BETA - South Burlington Parking Lot To: <pbaruth@leg.state.vt.us>, <tchittenden@leg.state.vt.us>, <vlyons@leg.state.vt.us>, <msirotkin@leg.state.vt.us>, <dingram@leg.state.vt.us>, <cpearson@leg.state.vt.us>, <kram@leg.state.vt.us>, <mlalonde@leg.state.vt.us>, <apugh@leg.state.vt.us>, <jkillacky@leg.state.vt.us>, <mtownsend@leg.state.vt.us> Hi Senator Baruth, Senator Chittenden, Senator Lyons, Senator Sirotkin, Senator Ingram, Senator Pearson, Senator Ram, Representative LaLonde, Representative Pugh, Representative Killacky, and Representative Townsend, As a long time South Burlington resident, I would like to encourage you to help resolve the Beta Technologies South Burlington Parking lot issue - to allow Beta Technologies to continue doing business in South Burlington. I have no connections to Beta Technologies. I am, however, a hard working resident of Vermont and would very much like to see Vermont encourage green businesses and businesses in general to thrive in Vermont. Beta Technologies is an example of the type of business that Vermont needs to attract and retain - innovative, environment friendly, ability to grow/expand and provide higher paying jobs in Vermont. While well intentioned, this regulation is resulting in likely unintended consequences that prevent the kind of responsible growth Vermonters require. Thank you for your attention to this matter. Sincerely, Kristin McClure 1 Marla Keene From:Artur Adib <arturadib@gmail.com> Sent:Thursday, April 7, 2022 1:45 PM To:Helen Riehle; Meaghan Emery; Tim Barritt; Tom Chittenden; Matt Cota; Marla Keene Subject:EXTERNAL: A S. Burlington resident's perspective on BETA's new facility This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Esteemed council/review board members– As an 8-year S. Burlington resident, I am writing this letter to express my deep concern regarding the unnecessary friction our city is imparting on BETA's expansion plans near the airport. First and foremost, thank you for watching out for the well being of our city. Rest assured your work is appreciated. But in my view this particular recent friction is misguided, unnecessary, and frankly harmful for Vermont. The state-of-the-art, green building BETA is proposing is on the same spot where today an RV park (!) dominates the roadside view, along with a multitude of old commercial buildings. To refresh our memory, here are some of the glorious views on Williston Rd near the proposed site: 2 I'd also remind us that the remainder of Williston Rd has also never been given any beauty awards for its aging commercial buildings and busy parking lots "on the side of the buildings" (which in practice mean nothing as a quick drive-by reveals...). Contrast this to BETA's state-of-the-art, green building that will surely become a source of pride for us all. This issue is borderline comical when you contrast the realities above. BETA is one of the best things that have happened not only to Vermont's economy, but also to our national (and international) posture in the green/alternative energy movement. If we indeed care about the prosperity and well being of our community, we must act to keep BETA and their jobs in SB, and we must do so decisively and expediently. Thank you very much for hearing my view. Sincerely, Artur B Adib, PhD Resident at 4 Oak Hill Dr, South Burlington, VT 05403 1 Marla Keene From:David Wilkens <davewilkens@gmail.com> Sent:Thursday, April 7, 2022 5:18 PM To:Marla Keene Subject:EXTERNAL: Beta Technologies This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. This is an email for the. Thank you. Dear South Burlington Development Review Board, Although I am not a resident of South Burlington (I live in Stowe), what happens with the Beta Technologies saga and the hold-up with the airport has a profound impact on the state and in turn on everyone who lives here I don't need to elucidate the impacts and implications of Beta on the state: jobs, tax revenues, and etc. I don't have to explain to you the importance of fostering a climate of innovation and job creation that attracts creators and entrepreneurs who in turn stay here and start new companies and love this state as much as any of us. I am sure you are aware of the message we would send to the world if we rejected Beta's DRB application and they in turn went to Plattsburgh. Covid has disaggregated talent from the old centers of innovation: San Fran, New York, LA, among other places. That talent is looking for good places to settle and start new companies, near other like minded individuals in forward looking places. This is a rare opportunity for Vermont to put up a welcome sign. I understand that housing is an issue, but housing is an issue everywhere. Vermont needs this company to thrive because Vermont needs to diversify its economy beyond tourism, non-profit institutions and agriculture. Vermont needs to show that we are forward looking and hospitable and not backward looking and insular. Whatever you can do to get this to the finish line, please do it. Kind regards, Dave Wilkens -- David Wilkens 2248 West Hill Rd Stowe, VT home: (802) 253 2876 cell: (802) 760 0867 1 Marla Keene From:Isaiah Berg <isaiah@onrampcard.com> Sent:Friday, April 8, 2022 3:12 PM To:Marla Keene Subject:EXTERNAL: permit process and decision on Beta Technologies sends a strong signal This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hello Marla – I found your email on the DRB website. Hope this finds you well! I wanted to share the following feedback with the DRB: I live in New York City with my family and work for a fintech startup based in Vermont. Someday, I would like to build a company of my own in Vermont. This is why I have been following the recent story involving Beta Technologies’ development on Williston Rd. https://www.wcax.com/2022/03/29/beta-technologies-proposed-facility-runs-into-permitting-delays/ My own startup is a small team working very hard and very quickly to execute successfully. Delays destroy us. When I see a slow, bureaucratic response to an innovative company like Beta, I take that as a strong signal that I am not valued or respected, and that my business is not wanted. The casual destruction of tremendous opportunities for Vermont (while preserving a parking lot full of RVs?) sends a very negative signal. This satellite imagery makes clear that Beta would improve the status quo. I would encourage the DRB find a prompt solution and approve Beta Technologies’ plan for the benefit of the entire community, both now and in the future. Thank you for your consideration! 2 Best, Isaiah -- Isaiah Berg VP of Ops | ONRAMP [e] isaiah@onrampcard.com [m] 949.491.3931 1 Marla Keene From:mskcpa77@gmail.com Sent:Wednesday, April 13, 2022 11:59 AM To:Marla Keene Cc:'SBBA'; 'John Wilking' Subject:EXTERNAL: Beta TechnologieT This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. The South Burlington Business Association strongly supports the proposed Beta Technologies manufacturing facility in South Burlington. The positive economic impact of this project is vital to South Burlington and the State of Vermont. We urge the DRB to work with Beta management and do whatever is reasonably necessary to grant Beta the permits it needs. Sincerely John Wilking/Michael Keller Co-Chairs South Burlington Business association 1 Marla Keene From:Pfeifenberger, Leopold (Pj) <lpfeifenberg@ft.newyorklife.com> Sent:Thursday, April 14, 2022 8:36 AM To:Marla Keene Subject:EXTERNAL: BETA TECHNOLOGIES- DBR review This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hi Marla, Please, Please, Please, work on this as it would be a real big loss to our community to not have such an amazing growing business expand and have such a large new facility built right here in SB. They are a very environmentally sound business trying to change the jet fuel guzzling, carbon emission releasing airline industry and literally save people lives getting new organs to those in need ASAP. They will be a wave of the future and will go down in history for creating the battery powered airplane that will be expending rapidly whether it’s in Plattsburg or SB bringing jobs to SB and across the country. I know the DBR has probably heard from many people about this topic lately but with the cost of living here in VT so high there is no real reason for more people to move here. Without more people to spread out the many taxations we will consistently be behind the curve and will always struggle and have many students and seniors continue to leave the state after college and for retirement. We need to be better about making exceptions or making changes that will benefit all of us. I am also interested in possibly joining the DBR as I saw there was an opening. I am in the end of my fiscal year that ends June 30th and don’t see a light at the end of the tunnel yet but am interested in learning more and seeing if it could be a good fit. Thanks for your time and I look forward to hearing back. Have a remarkable day! All the best, PJ Click here to schedule a call or a meeting – https://www.calendly.com/pjpfeifenberger Feel free to use my website, it’s filled with useful articles, calculators, videos, and more: http://www.PJ.NYLAgents.com/ To keep current with up to date financial posts and news join me on any social medias: Like my business Facebook page: https://www.facebook.com/PJ.NYL/ Connect with me on LinkedIn: https://www.linkedin.com/in/PJNYL/ Follow me on Twitter: https://twitter.com/PJPfeifenberger 2 PJ Pfeifenberger LUTCF Financial Services Professional Agent, New York Life Insurance Co. Registered Representative offering securities through NYLIFE Securities LLC (member FINRA/SIPC), A Licensed Insurance Agency 105 West View Rd. Ste 201 Colchester VT 05446 T 802-654-1136 C 802-373-9977 F 802-655-6624 E Lpfeifenberg@ft.newyorklife.com If you do not wish to receive email communications from New York Life and/or NYLIFE Securities LLC, please reply to this email, using the words "Opt out" in the subject line. Please copy email_optout@nylifesecurities.com New York Life Insurance Company, 51 Madison Ave., New York, NY 10010 April 14, 2022 Dear South Burlington Design and Review Board: Vermont-Grown BETA Technologies Initiates Permit Process, Announces Plans to Expand Electric Aircraft Facility in Vermont This kind of grand advertising by Beta Technologies expansion project reminds me of the same kind of dog and pony show I witnessed at SB High School in 2012 when Paddy Warbucks (bringing home the military pork), Senator Sanders and Welch all announced they were on board with the F-35s coming to town in 2019. It was a very sad night for me and others that felt betrayed by our congress people. No doubt the noise is over the top. We knew it then and we know it now. Rosanne Greco was right, Paddy Warbucks had worked a deal with the Pentagon. Every BETA team member is given the opportunity to become flight-certified at no cost, enabling firsthand understanding of aircraft engineering. When you currently have over 230 employees then you add another 500 new employees to this new electric aircraft facility I wonder how many new pilots will be in the air over Burlington at the same time with 25+ conventional aircraft owned by Beta? And with the conventional helicopter crashing on the Colchester causeway last year plus the emergency landing by “Sky Boss” Kyle Clark (Beta CEO) himself in Richmond VT you wonder how many possible crashes will Beta have in the future? Last year 2021 I noticed a lot of aerial acrobatics being performed over our house (not more than 150 feet up) near Leddy Park, as Seven Days reporter did a WTF article about the same thing happening in his town of Charlotte/Shelburne area. I believe King Clark has a chip on his shoulder and will stop at nothing. Recently when the SB DRB questioned Beta on the location of their parking lot for their new Electric Aircraft Facility everyone including the Anti-Act 250 Governor Scott came to Beta’s rescue. Don’t you think the governor might keep his mouth shut and let the traditional town governance come up with their own decision. Unbelievable sometimes when all these politicians jump on the bandwagon and scream bloody murder! I have lived in Vermont since 1987 and will turn 65 in a month from now. The reason I moved to this state is because I believed in environmentally strong laws and was 100% behind Act 250 and now everyone today is trying to tear it down. BETA is requesting a 50% reduction in its Act 250 permitting fee to $82,500, which would normally be $165,000, based on the construction value of the project. Let’s give the POOR Billion Dollar Sky Boss a break!! Easy access to elected officials is a big reason Clark likes doing business in Vermont “Frankly, having direct access to the governor, the senators and our congressman is incredibly helpful in a highly regulated environment,” Clark said. “The airport and the state have been phenomenal to us. Like we want to put a charging system in Rutland? The state gives us a high five and says, 'Go do it!'” US Senator Patrick Leahy has also advanced BETA with a program he helped set up called Agility Prime. “It's a program in the Air Force,” Clark said. “They're looking for new and novel technologies they can support in a nontraditional way. They are unblocking the contracting shenanigans that used to be there. So we've got a number of contracts with them. It's up to $50 million so far.” Not everyone is sold. Richard Aboulafia, vice president of analysis at Virginia-based aerospace and defense analyst Teal Group, isn't necessarily skeptical about the progress in electric-aviation technology. He just thinks the notion that today's electric aircraft developers are revolutionizing travel is absurd. Aboulafia is amused by what he considers an increasingly collective amnesia about the lessons of aviation's past. At the turn of the millennium, Eclipse Aviation, a dot-com-era darling, attracted hundreds of millions in investment to develop superlight, inexpensive personal jets that promised to democratize flight. The jets, it turned out, were not so cheap to make, and the company collapsed with $1 billion in debt. Please South Burlington take a stand against all these bullies like Kyle Clark, Russ Scully (Hula emperor), Jeff Davis (Pyramid Mall creator), Governor Scott, Miro Weinberger (developer), Paddy Warbucks, Bernie, Welch, Eli Lesser-Goldsmith (pro-development and anti SB DRB) and on and on and just say to Beta do it the right way or take your project to Plattsburgh!! We don’t want your lousy projects in our town. South Burlington can show some pride and confidence in the future preservation of your town. Thank you for your time and consideration. Glenn Sousa 85 Leonard Street Burlington VT 05408 1 Marla Keene From:John Buechler <buechlerjohn90@gmail.com> Sent:Monday, April 18, 2022 5:48 PM To:Marla Keene Subject:EXTERNAL: Beta Technologies This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hi Maria, I’m not sure what the process and procedures are for expediting the Beta Technologies revised application but I ask that it be high on the list for the board to address. Companies like Beta and opportunities they offer to South Burlington should not be sidelined for administrative process. Thank you and I appreciate your service to our community. John Buechler Worth St. So. Burlington,, VT 05403