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BATCH - Supplemental - 0049 Commerce Avenue
south PLANNING & ZONING May 15, 2017 Ken Smith KPS 49 Properties, LLC 81 Ethan Allen Drive So. Burlington, VT 05403 Re: Tenant Changes — 49 Commerce Avenue Dear Mr. Smith: This is in response to your letters of May 8, 2017 requesting approval for three (3) new tenants at your 49 Commerce Avenue property under your umbrella approval. Tenant #1 is "Cheese Factory Automotive" which will occupy unit #6B. This use is an "auto service & repair facility" use which is a change from the previous use in this unit. Tenant #2 is "Green City Garage" which will occupy unit #5B. This use is an "auto service & repair facility" use which is a change from the previous use in this unit. Tenant #3 is "Farmers & Foragers" which will occupy unit #5A. This use is light manufacturing use which is not a change from the previous use. A review of the maximum number of parking spaces available and the maximum number of vehicle trip ends allowed indicates that the change in uses will not exceed the limits allowed. Since there will be a change in use for two (2) of the new tenants, please submit a zoning permit application to Administrative Officer Ray Belair for these changes. Should you have any questions, please feel free to contact me. Sincerely, Z14 - Paul Conner Director of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com I 2z i "i 6,2j 67 7-7/ KP Smith Tenants 49 Commerce Ave South Burlington, VT 05403 )y 2017 Tenant Peregrine Contracting Peregrine Contracting Sq Ft 1250 1250 Parking 3 3 Employees 4 Use Contractor/Building trade Contractor/Building trode Bay IA 1AL2 2A OnTime Delivery 1250 1 1 Auto Repair 3A SkyCrane 1250 1 1 Auto Repair 4A Spaulding 1875 1 1 Warehouse 5X Farmers & Foragers 1875 3 3 Light Manufacturing 6A Vacant 1875 — — 7A Let it Roll 1250 2 2 Auto Sale/Service Repair 7AL2 TruGreen 1250 1 1 Contractor 8A TruGreen 1250 1 1 Contractor 9A Grass Cuts 1250 3 3 Contractor 9AL2 Vacant 1250 — — 10A Grass Cuts 1250 3 3, Contractor 10AL2 Vacant 1250 — -- 1B Reynolds & Sons 1250 2 2 Processing, Storage & Distribution 1BL2 Vacant 1250 -- -- 2B OnTime Delivery 1250 1 1 Auto Repair 3B GSM Auto 1250 3 2 Auto Repair GSM Auto 1250 3 2 Auto Repair B f Green City 1875 2 1 Auto Repair 66 7B Cheese Factory TruGreen 1875 1250 2 1 1 1 Auto Repair Office- c: iE)a C 8B TruGreen 1250 1 1 Contractor 9B TruGreen 1250 1 1 Contractor 10B TruGreen 1250 1 1 Contractor 34,375 40 32 1 49 Properties, LLC 81 ETHAN ALLEN DRIVE SOUTH BURLINGTON, VT 05403 B65-3606 FAX: 865-4826 May 8, 2017 Ray Belair Director of Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Belair, The purpose of this letter is to obtain approval for a new tenant at the building located at 49 Commerce Avenue. Green City Garage would occupy Unit 5B, totaling 1875 sf. The company consists of one person in the business of auto repair. If you need additional information regarding this tenant, please contact me. Thank you for your help in processing this request. Regards, K.e V1, Kenneth P. Smith y KP Smith Tenants 49 Commerce Ave South Burlington, VT 05403 October 2014 Bay Tenant Scl Ft Parking Employees Use lA Peregrine Contracting 1250 3 Warehouse/storage 1AL2 Peregrine Contracting 1250 3 4 Office 2A OnTime Delivery 1250 1 1 Truck Repair Shop/Storage 3A SkyCrane 1250 1 1 Crane Repair Shop/Storage 4A Achilles Fabrication 1875 / 1 1 Auto repair & Service 5A Half Baked 1875 / 3 3 Warehouse, processing, storage & distribution 6A Sam's Furniture 187.5 2 2 Furniture Repair/ Warehouse 7A Vacant 1250 -- -- 7AL2 TruGreen 1250 / 1 1 Office 8A TruGreen 1250 1 1 Warehouse 9A Grass Cuts 1250 3 3 Warehouse 9AL2 Vacant 1250 -- -- 10A Grass Cuts 1250 3 3 Warehouse 10AL2 Vacant 1290 -- -- 1B Reynolds & Sons 1250 2 2 Processing, Storage & Distribution 1BL2 Vacant 1250 -- -- 2B OnTime Delivery 1250 1 1 Warehouse, distribution 3B GSM Auto 1250 3 2 Auto Repair 4B GSM Auto 1250 3 2 Auto Repair 5B Spaulding Scrap Metal 1875 1 1 Warehouse 6B Spaulding Scrap Metal 187-5 ✓ 1 1 Warehouse 7B TruGreen 1250 1 1 Office 8B TruGreen 1250 1 1 Warehouse 9B TruGreen 1250 1 1 Warehouse 10B TruGreen 1250 1 1 Warehouse 34,375 37 33 /6 ✓� crw Ail, o south,,Wr 3._ •.� PLANNING & ZONING April 26, 2017 Re: #SP-17-27 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning the above referenced application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Since , 114ymond J. Belair 4dministrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com southburlington PLANNING & ZONING s Permit Number SP- - (office use only) APPL ATION FOR SITE PLAN REVIEW Administrative ❑ Development Review Board 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. O R(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax ft v � �... �1 c� u �vt. v� S�� � N i ,✓� G.,u T,y V77 o S"yG 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): 3. APPLICANT (Name, mailing address, phone and fax #): 4 X5- 4. CONTACT PERSON (person who will receive all correspondence from Staff. Includc name, address, phone & fax #): 4a. CONTACT EMAIL ADDRESS:: K- r 6'" C-,0 !3. • ��� 5. PROJECT STREET ADDRESS: 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): CAD �c.1 ✓ E✓L( /C �.� .Yc. � i �� O � / � �iG sc%„y to iO/L-e��Q /a � .yc�A �- W41 ���.-vdt � .4 i /ff� � � ��-�.s�� �s f- � s �✓�7dcSr�Ty . b. Existing Uses on Property (including description and size of each separate use): c. Proposed Uses on property (include description and size of each new use and existing uses to remain): l'a/) <�,S/,ti,✓ �� d. Total building square footage on property (proposed buildings and existing buildings to remain): D G#Atii<_:�r e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): /&6 e��X,u� f. Number of residential units (if applicable, new units and existing units to remain): g. Number of employees (existing and proposed, note office versus non -office employees): Al" ��'<'0� h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Site Plan Application Form Rev. 12-2011 8. LOT COVERAGE Total Parcel Size: Sq. Ft. a. Building: Existing /g ?, % / Proposed A41 411104W.&% l Z5, Zzs sq. ft. sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing &7 % / Y1, G 77 sq. ft. Proposed Ak 44.a.-4.c% / Ac 6 sq. ft. c. Front yard (along each street) Existing % / 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) b. Landscaping: c. Other site improvements (please list with cost): 10. ESTIMATED TRAFFIC P 4 a. P.M. Peak hour for entire property (In and out): 11. PEAK HOURS OF OPERATION: k M 12. PEAK DAYS OF OPERATION: U1117 �l 13. ESTIMATED PROJECT COMPLETION DATE: a �j 14. SITE PLAN AND FEE A site plan shall be submitted which shows the informat City's Land Development Regulations. Five (5)1 regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy 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 in accordance with the city's fee schedule. Administrative site plan applications require three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy. 3 Site Plan Application Form. Rev. 12-2011 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. 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. �SIGNA URE OF APPLICANT SIGNATURE OF PROPERTY OWNER PRINT N E Do not write below this line DATE OF SUBMISSION: Y / REVIEW AUTHORITY: ❑ Development Review Board Administrative Officer I have reviewed this site plan application and find it to be: �J Com lete ❑ In m lete P � dministrative fficer Da The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Site Plan Application Form. Rev 12-2011 THE CONTRACTOR SHALL NOTIFY "DIGSAFE' AT 1-888-DIG-SAFE PRIOR TO ANY EXCAVATION LEGF LIFE VAR' S 18' MIN. Y THICK TYPE 11 i SEE 9TE PLAN FOR GRADING SLOPE AT 2:1 1/x'/ET TO EXISTING ORWNo TYPICAL 4' OF TOPSOIL AND GRASS 0 0 SLOPE TO MATCH FINISH , \ MIRAn 50OX GRADE DC PAVEMENT / OR APPROVED EQUAL PARKING LOT DETAIL \ N TS / i / LOISTING CATCH BASIN RIM ELEV - TO 2256 LOWER RIM / EIEV - 225.1 LOT 27 ' LANDS OF titi JAMES BARRON PROVIDE NEW GRASS / \ SWALE S • 0.OD5 STORM WATER EASEMENT FROM J. BARROW TO K.P.SMITH /�M16i 225` 22614 /1 C �\ \ OT 26 / ' SM TH CUT EIeSTINC PAVEMENY \ vs-/� j j� \ BAC1ttt FOOT, AND COAT WITH \ LANDS OF K P SMITH — // TO ►SLING, ED ASPHALT PRIOR /IIII TRIM - uLROAD SPIKE IN POLE - ELEV 231,22 EXISTING Er�(CLOSED \ \ \�\ \ DUMPSTER MEA \ \ PROVIDE 4" TOPSOIL AND ORA5S COVER (URBAN MIX) ORICNALI� GROUND -. MAINTAIN SWALE INVERT -SLOPE TO MINIMUM 1 DRAIN VAN MIN. MIMI AS SH OF 0.005 FT./FT, ON q AN BERM AS NECESSARY lO MAINTAIN 12' DEPTH AND 0.005 FT./FT MIN. SLOPE IN DITCH DEPTH VARIES 12- SEE PLAN FOR I TYPICAL SPECIAL DRAINAGE SWALE N TS \ EXISTING PAVED PARKING LOT \\// s s� i \ oaf 9 0 01 `\ RFOY'a'0' \ STORAGE Y, v LOT 26 -COVERED AREA GRAPHIC SCALE L a Is ( IN FRET ) 1 Inch - 50 FL / 6• MI SNOW 1 STORAGE UTILITY VAULT BIKE RACK PAVED PROPOSED PARCEL BOUNDARY - PROPERTY LINE SIDELINE OF EASEMENT -----•- --- IRON PIPE EXISTING CONTOUR PROPOSED CONTOUR \ EDGE OF WETLAND BUFFER \ EDGE OF WETLAND AL AL AL WETLAND \ o SILT FENCE \ 226.50 • NEW FINISH GRADE l' Q� MAPLE \ CEDAR(7) e' \ 9L A % (6)DOC6• WO G� 6" \ NAP ® \ UTILITY VAULTS \ STONE PATIO \ 10x \ BLU RUCE \ OW 4 S A MAPLE / PROJECT DATA / PROJECT PARCEL - 21,620 SF (050 ACRES) / ZONING - MIXED INDUSTRIAL AND COMMERCIAL LOT 24 LOT 25-26 PARCEL DATA ALLOWED PROPOSED - SMITH BUILDING COVERAGE 30% MAXIMUM 25.225 SF (le.SX) TOTAL LOT COVERAGE 70% MAXIMUM e9.677 SF (67%) FRONT YARD COVERAGE 30% MAXIMUM NO CHANGE OPEN SPACE N / A 44.163 SF (3310 TOTAL AREA 133.650 SF APPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEW BOARD OF THE CITY OF SOUTH BURLINGTON. VERMONT. ON THE_DAY OF 2003 SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLU TIED, SIGNED THIS _ DAY OF 2003 BY (CLERK OR CHAIRMAN) OWNER/APPLICANT KEN SMITH K.P. SMITH GENERAL CONTRACTORS T ETIIAN ALLEN DRIVE SOUTH BURLINGTON. VT 05403 4-24-17 APPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEW BOARD OF THE CITY OF SOUTH BURLINGTON. VERMONT. ON THE_DAY OF 2003 SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLU TIED, SIGNED THIS _ DAY OF 2003 BY (CLERK OR CHAIRMAN) OWNER/APPLICANT KEN SMITH K.P. SMITH GENERAL CONTRACTORS T ETIIAN ALLEN DRIVE SOUTH BURLINGTON. VT 05403 4-24-17 INCREASED SIZE OF STORAGE AREA DLH 3-24-15 ADDED STORAGE AREA 1KR 7-02-03 REVISED PER DRB REVIEW OLH date description by THESE FLANS WITH LATEST REWSM SOLD / OF ONLY R USED FOR THE PURPOSE POSE SHOWN IEIDW. SHEER SKETCH/CONCEPT PRELIMINARY FINAL O RECORD DRAWING K.P. SMITH pro} no. 15147 LOTS 25-26 survey others COMMERCE AVENUE, SOUTH BURLINGTON, VT ,,_.I �•�or y,SITE PLAN .01 * . 3945 var y LA1tOUREUX k DIdmoobi donpul tingEnglneerd Inc. AL Tar Essex Junction, VT O5452 (802) 878-4450 Engineerp-Plsnnerp-purreyory DJG c ei c� DLH date 12-14-15 xola ,ht. 1 Page 1 of 1 ray From: Terry Francis Sent: Tuesday, January 29, 2013 4:43 PM To: ray (rbelair@sburl.com) Subject: 49 Commerce Follow-up: FMO rpt.: Site inspection with Doug Wallace - tenant and Ken Smith owner, on open complaint. Wallace stated he had been in the space for almost 3 years. Found that Wallace had bed, % bath, eating area, and working kitchen on the C side , second floor. Space has AS, hallway fire extinguisher, e-lighting and exit signage. Wallace stated that he sleeps there 2-3 nights/ week on avg. depending on his out of state travel. Smith instructed/cited to move SD/CO detection to outside the bedroom door, change kitchen fire extinguisher to ABC type minimum 5 #, make exterior handrails sturdier and graspable and replace batteries in Side B exit light. Smith also advised to contact Ray Belair to see if the occupancy is zoned for residential use. Sprinkler system out of inspection but to be re -inspected 02/1/13. DC Terence Francis, CFI Fire Marshal South Burlington Fire Department 575 Dorset St. S. Burlington, VT 05403 802-846-4134 Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. 1 /30/2013 Page 1 of 1 ray From: Terry Francis Sent: Wednesday, January 16, 2013 9:54 AM To: ray (rbelair@sburl.com); Jesse Dobiecki aesse.dobiecki@state.vt.us) Subject: 49 Commerce St follow-up 49 Commerce St is a two story Type II, protected, mixed use occupancy, housing light manufacturing, various repair shops, businesses and one residential occupancy. SBFD-FMO and SB Planning has received several complaints regarding alleged illegal residential use on the second floor. SBFD FMO made several site visits at different times in an attempt to confirm or find the complaint unfounded with no success. Today AFM Dobiecki and I conducted a site visit during normal business hours and multiple tenants were canvassed regarding alleged residential use. All parties with agreed that the second floor Side C was being used by a family of 3-4 persons including two children for past 2-3 years. While visiting the landscaping repair shop at B/C corner we could hear foot falls in the second floor apt. Occupant was identified as David Wallace. We attempted to make contact with Wallace by knocking on the door and ringing the door bell to no avail. We continued our canvassing of different tenants and checked the status of the wet sprinkler system riser located in the Reynold pump spaces. We noted that the sprinkler was several months out of inspection. we also notes a slow leak at the rise base. We attempted to contact the property owner 865-3606 and left a message on the answering machine asking him to contact AFM Dobiecki on Weds. PM. While on the phone we noted a white female- aprox 35 y.o exiting a vehicle and unlocking the door to the second floor apt. I identified myself and told her that we were on site to follow-up on a complaint and would like permission to check the apartment for the required smoke and CO detectors. She stated that she would have to check with David and she would be right back. We waited outside in plain view for more than 15 minutes. Again knocking loudly on the door and ringing the door bell yielded no contact. During the canvassing the following violations were noted. 1. Sprinkler system is out of inspection. and the riser base has a slow leak in progress. 2. Multiple extension cords were noted. 3. Multiple fire extinguisher were several years out of inspection. 4. Exterior handrail to second floor apartment was loose and not graspable 5. Fall guard on apartment stair platform is loose and not code compliant. Awaiting call back from owner to schedule full inspection of all occupancies ASAP. DC Terence Francis, CFI Fire Marshal South Burlington Fire Department 575 Dorset St. S. Burlington, VT 05403 802-846-4134 1/16/2013 P] 1 I, VERMONT Application for Addition to the Checklist (VT VOTER REGISTRATION FORM) , r V.S.A. § 2145 --- (Please print clearly, use bu aIl� nt pen, and bear down hard.) apply to have my name (Last Name) (First ame), ( ddle Initial) added to the checklist of the Town/City of By checking,the boxes below, I swear or affirm that these are true ements: �a —1 No Are you a citizen of the United States? 'Yes/ - No Will you be eighteen years of age or older on or before the day of election? �s No Are you a resident of Vermont? If you checked "No" in response to any of the three questions above, DO NOT complete this form. You are not qualified to vote in Vermont. Contact the Office of the Secretary- of State, Elections Division, for more information at (800) 439-8683. ONLY if you are registering to vote for the 1't time in Vermont, AND you are mailing this application to your town clerk individually, you must submit a photocopy of one of the following: current & valid photo identification OR bank statement, utility bill, or government document with your name and current address. (Do not submit I.D. if you have been previously registered in VT, if this form is submitted as part of a votier registration drive ar if you return this form to the clerk's office in person.) I was born on at (vate)��� (town or tatty) / fate) �'/ / �^ � /,/�! Mailing Address: —� �-42,e k '�f' l%�� , �, . lJ Tel. #: ZZ2, 7.7C 11, -7 My principal dwelling is located at: (E911 street address including number or exact physjcal 1 cation, if no E911 d res ) The last address I was registered to vote under was: G Q ( )sical location — include num er, street, town, state and zip code) By registering to vote in the above named town in Vermont, I authorize my name to be removed from the list of registered voters in any previous place where I was registered to vote. I was registered in the past under a different last name of: BY g checkin the boxes, I swear or affirm that these a e true state ents- a resident of the Town or City of ? �' AND 12� have taken the Voter's Oath (see attestation below for new VY voters). My VT Driver's License or Personal I.D. # (PID#) issued by VT DMV is This # is REQUIRED. swear or afFnn under penalty of penury and other potential federal or state criminal penalties of up to a $10,000 fine, or imprisonment for not more than fifteen years, or both, that I do not have a VT Drivers License or PID# issued by VT DMV. (17 V.S.A. § 2145(1): 17 V.S.A. § 2011; 42 U.S.C. § 1973gg-10.) IF you do not have a VT DWL 'icense or PID# issued by VT DNIV, check the box above and enter the last 4 digits of your Social Security Number;If you do not have a VT PID#, or SSN, please contact the Office of the Secretary of State. Elections Division, (800)439-8683. I meet all of the eligibility requirements to vote in this municipality. I hereby ,e or fiirm, under penalty of perjury and other otent' 1 federal or state criminal penalties of up to a $10,000 fine, or im i en far no ore than fifteen years, or botht 1; at he tements made by me in this application are true. (17 V.S.A. 2145' S. 2 1 L. '.C. 1973gg-10). Tod 's Nte Applicant's Signature VOTER'S OATIi (Vermont Constitution, Chapter I1, Section 42): "You solemnly swear or affirm that whenever you give your vote or suffrage, touching any matter that concerns the State of Vermont, you will do it so as in your conscience you shall most conduce to the best good of the same, as established by the Constitution, without fear or favor of any person ' First time voters in Vermont must take the voter's oath. The person administering the oath (Town Clerk, Justice o the Peace, NotaryPublic, Commissioned Military Officer, or any person over 18) or licant must sign the certification bel w. I hereby certify that on the day of p CTO 20 13 , _ admi d the Voter's Oath to the applicant, I. the applicant, took the oath myself. Any perso o e appi ant can sig to attest that the oath was taken. (Check box above & sign.) Attestati : �r—C (- FOR OFFICIAL USE: _ The Town Clerk OR the BCA has reviewed the application AND the applicant - was added to the checklist. The applicant's usual polling place is: OR the applicant _ was rejected and NOT added to the checklist. The reason(s) for rejection are: Signature of town clerk: Date Entered on Checklist: Date Notification Sent to Voter: Date Approved: KEEP THE PINK COPY OF THIS APPLICATION FORM. Contact your Town Cleric to make sure your application has been received. Bring pink copy to the polls when you go to i ote. This is proof you have submitted an application before the deadline for registration. [SOS-VR-7/01/20081 ommunity Capital Building Communities, One Vermont Business At A Time NOTE TO APPLCANT: Bring this form to municipal zoning or clerk's office in the town where your business is located. They must sign off on this statement. MUNICIPAL COMPATIBILITY STATEMENT Complete Physical Address of Business: 4 G town) L V As the municipal contact for (name of t o ) � I certify that said applicant has presented their project to me and that the project is compatible with our Municipal Plan and zoning requirements. The following permits must be obtained for the business prior to operation in accordance with municipal zoning and other requirements (this section to be completed by appropriate municipal official). ❑ Home Occupation Permit certificate of Wu pa y �ther: n �� I ❑ NONE � )7, 1 6XC4/ Nam of Municipal icial 2fM=:�-,- �Walt(re of Muni ipal Official Date: Page 10 of 10 1 No '00., south-.rill2to. PLANNING & ZONING April 28, 2015 Kenneth P. Smith KPS 81/49 Properties, LLC 81 Ethan Allen Drive So. Burlington, VT 05403 Re: Zoning Violation — 49 Commerce Avenue Dear Mr. Smith: A request from one of your tenants to sign a compliance document from the State prompted me to conduct a site visit at 49 Commerce Avenue to verify compliance with the zoning regulations. I found a number of discrepancies between your approved site plan and the site. The following discrepancies between the approved site plan and the site will have to be corrected in order to bring the property in compliance: 1. Outside storage (i.e. mulch, snow plowing equipment) in parking spaces when no outside storage is approved. 2. Two (2) structures have been placed on the property without approval, specifically a building adjacent to the loading docks at the rear of the building and a building with a canvas roof at the corner of the parking in the rear. 3. Signs have been erected in front of parking spaces which says "No Parking". Therefore, please bring this property into compliance with the approved site plan within two (2) weeks from the date of this letter. Should you have any questions, please feel free to contact me. Since y, Raymond 1. Belair Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com Vermont Secretary of State ) } Page 1 of 1 VERMONT SECRETARY OF STATE Jim Condos Limited Liability Company Information Term Company? YES Expiration of Term: 12/31/2050 LLC Name KPS 81/49 PROPERTIES, LLC STATUS ACTIVE File Number L0000927 Type Domestic State of Origin VT Origin Date 04/27/1998 Fiscal Year End 12 Registered Agent PAUL FRANK & COLLINS PC Address 1 CHURCH ST PO BX 1307 City State Zip BURLINGTON VT 05402-1307 Manager Managed? YES Term Company? YES Expiration of Term 12/31/2050 Principal Address 81 ETHAN ALLEN DR City State Zip S BURLINGTON VT 05403- Termination Date 07/18/2011 Last Annual Report Date 12/31/2011 Reinstatement Date 08/31/2011 LLC Personnel Last Name SMITH First Name KENNETH MI Companies tnfonnation Contact Home I Site Search I Help Vermont State Page I Disclaimer This Web Page is http://cgi3.sec.state.vt.us/cgi-shl/nhayer.exe 4/9/2013 04/09/2013 Cit) of South Burlington Grand Lit 02:25 pm Parcel Report For Parcel: 0435-00049. KPS 81/49 PROPERTIES LLC Name KPS 81/49 PROPERTIES LLC 81 ETHAN ALLEN DR S BURLINGTON VT 05403 Location (A) 49 AND 53 COMBINED INTO 1 PARCEL (B) LOT 25 & 26 911 49 COMMERCE AVE Tax Map 08-056-001 Desc. 2.57A, BUILDING Codes: (1) (Category) C (Equipment) (Owner) C Wood Crop Pasture Other Site Acres: 0.00 0.00 0.00 0.00 0.00 Real Land Building Equipment Values: 1,027,600 267,000 760,600 0 Homestead Veterans Farm Stab. L.U. Acres 0 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt 0 0.00 0 0.00 Housesite Special Exmp Grand List 0.00 0.00 10,276.00 Misc: Status: T Bill #: 53862 Updated: 06/14/2011 Last sale was: Valid on 09/01/1998 for $0 recorded on 380/359 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 150064000 (8) : N (9): 06/16/00 SPAN: 600-188-13390 Page 1 of 1 ray Total 2.57 Inventory 0 Land Use 0.00 Prev. Real 1,027,600 s No Text No Text southbur iugton PLANNING & ZONING May 5, 2015 Ken Smith KPS 81/49 Properties, LLC 81 Ethan Allen Drive So. Burlington, VT 05403 Re: Tenant Change — 49 Commerce Avenue Dear Mr. Smith: This is in response to your letter of May 4, 2015 requesting approval for a new tenant at your 49 Commerce Avenue property under your umbrella approval. The new tenant is `Let it Roll Motors" which will occupy unit #7A. This use is an "auto sales, service & repair facility" use which is a change in use since it is a new use. Please note that there are no approved or designated auto sales display parking spaces so no vehicles may be displayed for sale on the property. A review of the maximum number of parking spaces available and the maximum number of vehicle trip ends allowed indicates that the change in uses will not exceed the limits allowed. Since there will be a change in use, please submit a zoning permit application to Administrative Officer Ray Belair for these changes. Should you have any questions, please feel free to contact me. Sincerely, Paul Conner Director of Planning & Zoning cc: Shelly Palmer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 1 1' 49 Properties, LLC B1 ETHAN ALLEN ORfVE SOUTH BURLINGTON. VT 05403 B65-3606 FAX: B65-4826 May 4, 2015 Ray Belair Director of Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Belair, The purpose of this letter is to obtain approval for a new tenant at the building located at 49 Commerce Avenue. Let it Roll Motors currently occupies Bay 7A, totaling 1250 sf. The company consists of two people in the business of automobile sales and service. If you need additional information regarding this tenant, please contact me. Thank you for your help in processing this request. Regards, ►' e IL Kenneth P. Smith I L�i m 4x KP Smith Tenants 49 Commerce Ave South Burlington, VT 05403 1-May-15 Bay Tenant Scl Ft Parking Employees Use 1A Peregrine Contracting 1250 3 Contractor/Building trade 1AL2 Peregrine Contracting 1250 3 4 Office 2A OnTime Delivery 1250 1 1 Auto Repair � 3A SkyCrane 1250 1 1 Auto Repair 4A Vacant 1875 -- -- 5A Half Baked 1875 3 3 Light Manufacturing 6A Sam's Furniture 1875 2 2 Light Manufacturing 7A Let it Roll 1250 2 2 Auto Sale/Service Repair 7AL2 TruGreen 1250 1 1 Office 8A TruGreen 1250 1 1 Warehouse r" 9A Grass Cuts 1250 3 3 Warehouse 9AL2 Vacant 125,0 -- -- 10A Grass Cuts 1250 3 3 Warehouse 10AL2 Vacant 1250 -- -- 1B Reynolds & Sons 1250 2 2 Processing, Storage & Distribution 1BL2 Vacant 1250 — -- 2B OnTime Delivery 1250, 1 1 Auto Repair 3B GSM Auto 1250' 3 2 Auto Repair 4B GSM Auto 1250 3 2 Auto Repair i 5B Spaulding Scrap Metal 1875- 1 1 Warehouse /y 6B Spaulding Scrap Metal 1875- 1 1 Warehouse r 7B TruGreen 125G 1 1 Office 8B TruGreen 125G 1 1 Warehouse 9B TruGreen 1250 1 1 Warehouse lOB TruGreen 1250 1 1 Warehouse i TOTALS: ,34,i/S 36 44)0- = � �,5-0 �1eW l,9f6 34 14(tfo� 4VIA 01* V4 ( ftf ::- - �f2 KP Smith Tenants 49 Commerce Ave South Burlington, VT 05403 1-May-15 Bay Tenant Sci Ft Parking Employees Use 1A Peregrine Contracting 1250 3 Contractor/Building trade 1AL2 Peregrine Contracting 1250 3 4 Office 2A OnTime Delivery 1250 1 1 Auto Repair 3A SkyCrane 1250 1 1 Auto Repair 4A Vacant 1875 -- -- 5A Half Baked 1875 3 3 Light Manufacturing 6A Sam's Furniture 1875 2 2 Light Manufacturing 7A Let it Roll 1250 2 2 Auto Sale/Service Repair 7AL2 TruGreen 1250 1 1 Office 8A TruGreen 1250 1 1 Warehouse 9A Grass Cuts 1250 3 3 Warehouse 9AL2 Vacant 1250 -- -- 10A Grass Cuts 1250 3 3 Warehouse 10AL2 Vacant 1250 -- -- iB Reynolds & Sons 1250 2 2 Processing, Storage & Distribution 1BL2 Vacant 1250 -- -- 2B OnTime Delivery 1250 1 1 Auto Repair 3B GSM Auto 1250 3 2 Auto Repair 4B GSM Auto 1250 3 2 Auto Repair 5B Spaulding Scrap Metal 1875 1 1 Warehouse 6B Spaulding Scrap Metal 1875 1 1 Warehouse 7B TruGreen 1250 1 1 Office 8B TruGreen 1250 1 1 Warehouse 9B TruGreen 1250 1 1 Warehouse 10B TruGreen 1250 1 1 1 Warehouse TOTALS: 34,375 38 14 401 L6 south burli-, l t on PLANNING & ZONING October 21, 2014 Ken Smith KPS 81/49 Properties, LLC 81 Ethan Allen Drive So. Burlington, VT 05403 Re: Tenant Changes — 49 Commerce Avenue Dear Mr. Smith: This is in response to your letter of October 19, 2014 requesting approval for five (5) new tenants at your 49 Commerce Avenue property under your umbrella approval. The five (5) new tenants are: 1. On Time Delivery occupying bays #2A & #2B, change in use boat repair to warehouse. 2. SkyCrane occupying bay #3A, no change in use. 3. Spaulding Scrap Metal occupying bays #5B & #6B, change in use from equipment repair to processing, storage & distribution. 4. Sam's Furniture occupying bay #6A, change in use from light manufacturing to warehouse/storage. 5. Half Baked occupying bay #5A, change in use from light manufacturing to warehouse/storage. Grass Cuts for Less occupying bays #9A & #10A, this is not a change in use as this tenant was approved by letter dated 1/4/13. A review of the maximum number of parking spaces available and the maximum number of vehicle trip ends allowed indicates that the changes in uses of five (5) tenants will not exceed the limits allowed. Since there will be several changes in use, please submit a zoning permit application to Administrative Officer Ray Belair for these changes. Should you have any questions, please feel free to contact me. Sincerely, Paul Conner Director of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com KP Smith Tenants 49 Commerce Ave South Burlington, VT 05403 October 2014 Bay Tenant Scl Ft Parking Employees Use 1A Peregrine Contracting 1250 3 Warehouse/storage 1AL2 Peregrine Contracting 1250 3 4 Office 2A OnTime Delivery 1250 1 1 Truck Repair Shop/Storage 3A SkyCrane 1250 1 1 Crane Repair Shop/Storage 4A Achilles Fabrication 187-5 / 1 1 Auto repair & Service 5A Half Baked 1875 3 3 Warehouse, processing, storage & distribution 6A Sam's Furniture 1875 2 2 Furniture Repair/ Warehouse 7A Vacant 1250 -- -- 7AL2 TruGreen 1250 / 1 1 Office 8A TruGreen 1250 1 1 Warehouse 9A Grass Cuts 1250 3 3 Warehouse 9AL2 Vacant 1250 -- -- 10A Grass Cuts 1250 3 3 Warehouse 10AL2 Vacant 1250 -- -- 1B Reynolds & Sons 1250 2 2 Processing, Storage & Distribution 1BL2 Vacant 1250 -- -- 2B OnTime Delivery 1250 1 1 Warehouse, distribution 3B GSM Auto 1250 3 2 Auto Repair 4B GSM Auto 1250 3 2 Auto Repair 5B Spaulding Scrap Metal 1875 1 1 Warehouse 6B Spaulding Scrap Metal 1875 1 1 Warehouse 7B TruGreen 1250 1 1 Office 8B TruGreen 1250 1 1 1 Warehouse 9B TruGreen 1250 1 1 Warehouse 10B TruGreen 1250 1 1 Warehouse 34,375 37 33 tlwl� ::-- 49 Properties, LLC 81 ETHAN ALLEN DRIVE SOUTH BURLINGTON. VT 05403 865-3606 FAX: 865-4826 September 29, 2014 Ray Belair Director of Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Belair, The purpose of this letter is to obtain approval for six new tenants for the building at 49 Commerce Avenue. On Time Delivery occupies Bays 2A and 213, totaling 2500 sf. The company employs two (2) employees in the business of truck repair shop/storage. SkyCrane occupies Bay 3A, totaling 1250 sf, and is in the business of crane repair. There is one (1) employee. Spaulding Scrap metal occupies Bays 5B and 6B, totaling 3750 sf. The company employs two (2) employees in the business of scrap metal. Sam's Furniture occupies Bay 6A, totaling 1875 sf, employs two (2) people and is a furniture repair/storage business. Half Baked occupies Bay 5A, totaling 1875 sf, employs three (3) people and is a packaged food prep business. Grass Cuts for Less occupies Bays 9A and 10A, totaling 2500 sf. This is a sole proprietorship employing six (6) people. They provide property maintenance services to homes and small businesses. If you need additional information regarding these tenants, please contact me. Thank you for your help in processing this request. Regards, f-- eI" Kenneth P. Smith 49 Properties, LLC Ell ETHAN ALLEN DRIVE SOUTH BURLINGTON, VT 05403 B65-3606 FAX: B65-4B26 September 26, 2014 Ray Belair Director of Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Belair, The purpose of this letter is to obtain approval for five new tenants for the building at 49 Commerce Avenue. On Time Delivery occupies Bays 2A and 26, totaling 2500 sf. The company employs two (2) employees in the business of truck repair shop/storage. SkyCrane occupies Bay 3A, totaling 1250 sf, and is in the business of crane repair. There is one (1) employee. Sam's Furniture occupies Bay 6A, totaling 1875 sf, employs two (2) people and is a furniture repair/storage business. Half Baked occupies Bay 5A, totaling 1875 sf, employs three (3) people and is a packaged food prep business. Grass Cuts for Less occupies Bays 9A and 10A, totaling 2500 sf. This is a sole proprietorship employing six (6) people. They provide property maintenance services to homes and small businesses. If you need additional information regarding these tenants, please contact me. Thank you for your help in processing this request. Regards, Kenneth P. Smith 49 Properties, LLC 81 ETHAN ALLEN DRIVE SOUTH BURLINGTON. VT 05403 865-3606 FAX: 865-4e26 October 19, 2014 Ray Belair Director of Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Belair, The purpose of this letter is to obtain approval for six new tenants for the building at 49 Commerce Avenue. On Time Delivery occupies Bays 2A and 26, totaling 2500 sf. The company employs two (2) employees in the business of package warehousing/delivery truck repair. SkyCrane occupies Bay 3A, totaling 1250 sf, and is in the business of crane repair. There is one (1) employee. Spaulding Scrap metal occupies Bays 5B and 613, totaling 3750 sf. The company employs two (2) employees in the business of scrap metal processing, storage and distribution. Sam's Furniture occupies Bay 6A, totaling 1875 sf, employs two (2) people and is a furniture repair/warehouse storage business. Half Baked occupies Bay 5A, totaling 1875 sf, employs three (3) people and is a processing, storage & distribution of packaged food prep business. Grass Cuts for Less occupies Bays 9A and 10A, totaling 2500 sf to warehouse their equipment. This is a sole proprietorship employing six (6) people. They provide property maintenance services to homes and small businesses. If you need additional information regarding these tenants, please contact me. Thank you for your help in processing this request. Regards, yew Kenneth P. Smith KP Smith Tenants 49 Commerce Ave South Burlington, VT 05403 October 2014 Bay Tenant Sq Ft Parking Employees Use 1A Peregrine Contracting 1250 3 Warehouse/storage 1AL2 Peregrine Contracting 1250 3 4 Office 2A OnTime Delivery 1250 1 1 Truck Repair Shop/Storage 3A SkyCrane 1250 1 1 Crane Repair Shop/Storage 4A Achilles Fabrication 1875 1 1 Auto repair & Service 5A Half Baked 1875 3 3 Warehouse, processing, storage & distribution 6A Sam's Furniture 1875 2 2 Furniture Repair/ Warehouse 7A Vacant 1250 -- -- 7AL2 TruGreen 1250 1 1 Office 8A TruGreen 1250 1 1 Warehouse 9A Grass Cuts 1250 3 3 Warehouse 9AL2 Vacant 1250 -- -- 10A Grass Cuts 1250 3 3 Warehouse 10AL2 Vacant 1250 -- -- iB Reynolds & Sons 1250 2 2 Processing, Storage & Distribution 1BL2 Vacant 1250 -- -- 2B OnTime Delivery 1250 1 1 Warehouse, distribution 3B GSM Auto 1250 3 2 Auto Repair 4B GSM Auto 1250 3 2 Auto Repair 5B Spaulding Scrap Metal 1875 1 1 Warehouse 6B Spaulding Scrap Metal 1875 1 1 Warehouse 7B TruGreen 1250 1 1 Office 8B TruGreen 1250 1 1 Warehouse 9B TruGreen 1250 1 1 Warehouse 10B TruGreen 1250 1 1 Warehouse 34,375 37 33 �� k-R �*� f� southhurlineou PLANNING & ZONING January 4, 2013 Ken Smith KPS 81/49 Properties, LLC 81 Ethan Allen Drive So. Burlington, VT 05403 Re: Tenant Changes — 49 Commerce Avenue Dear Mr. Smith: This is in response to your letter of December 19, 2012 requesting approval for three (3) new tenants at your 49 Commerce Avenue property under your umbrella approval. The three (3) new tenants are: 1. Wild Branch Botanicals occupying bays #5A & #6A, no change in use. 2. Grass Cuts for Less occupying bays #9A & #10A, no change in use. 3. Lurvey's Boat Repair occupying bays #2A & #2B, changing the use from light manufacturing to boat repair. A review of the maximum number of parking spaces available and the maximum number of vehicle trip ends allowed indicates that the change in uses of one (1) tenant will not exceed the limits allowed. Since there will be a change in use for Lurvey's Boat Repair, please submit a zoning permit application to Administrative Officer Ray Belair for this change. Should you have any questions, please feel free to contact me. Sincerely, Paul Conner Director of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com KPS 81149 Properties, LLC December 19, 2012 Paul Conner Director of Planning and Zoning City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: 49 Commerce Avenue Dear Mr. Conner: The purpose of this letter is to obtain approval for three new tenants for the building at 49 Commerce Avenue. Wild Branch Botanicals occupies Bays 5A and bA, totaling 3,750 square feet. The Partnership employs two people in the business of packaged food preparation. Grass Cuts for Less occupies Bays 9A and 10A, totaling 2,500 square feet. They provide property maintenance services to homes and small businesses. This is a sole proprietorship employing five people. Lurvey's Boat Repair occupies Bays 2A and 2B totaling 2,500 square feet. He is a sole proprietor in the boat repair business and has one part-time employee. If you need additional information regarding these tenants, please contact me. Thank you for your help in processing this request. Sincerely, /r--4- Kenneth P. Smith R11;than Wen llrl\, SOUrh Burlington, Vcrmonl 05403 Phnmc 802 90 1606 1'au 802 865 4826 KEN SMITH 49 Commerce Avenue Febr ' ) BAY T. TENANVUSE SQ. FT. PARKING SEWER PM PEAK VTES 1A Peregrine Contracting 2500 1.25 48 1.18 1 AL2 (warehouse) (2) s 2A 1250 12 3A Utter Auto Repair 1250 2.5 24 4.23 (auto service) (3) 4A Achillies Auto 1875 3.75 36 6.34 (auto service) (4) 5A G&FffiyS 1875 1.9 174 1.84 (light manufacturing) 2) 6A i 1875 .9 24 1.84 li ht manufacturing) (1) 7A Airtech 1250 2.5 24 3.39 (equipment repair) (3) 7AL2 & 8A Tru Green Chem Lawn 2500 1.25 24 1.18 (warehousing) (2) 9A & 10A 2500 1.25 0 1.18 (warehouse) l', (2) 9A L2 Vacant 1250 0 0 0 10AL2 Vacant 1250 0 0 0 1 B Reynolds & Sons 1250 1.9 36 0.26 (wholesale) (2) 1 BL2 Vacant 1250 0 0 0 J 2B Gt�rm}y� �,�,L �l 1250 12 un ) O 3B & 4B GS Auto 2500 5 72 8.45 (auto service) 5B Spaulding Scrap Metal 1875 .938 24 0.88 (warehouse) (1) --1-75F 6B Vermont Pump 1875 12 5.08 Page 1 of 2 KEN SMITH February 13, 2007 49 Commerce Avenue (equipment repair) (4) 7B, 8B, 9B, & 10B Tru Green Chem Lawn 5000 2.5 84 2.35 (warehouse) (3) Total 34375 W 606 44.66. C Max 35,000 65 3000 60 Page 2 of 2 As of 2/13/07 l TRIP GENERA ION PARKING Warehouse LUC #150 = .47 / 00' sf GFA .5/1000 sf GFA Auto Service LUC #942 = 3. / 1000 sf GFA 2/1000 sf GFA- Light Manufacturing LUC #110 = .98 / 1000 sf GFA Equipment Repair LUC #814 = 2.71 / 1000 sf GFA .5/1000 sf GFA + 1/employee 2/1000 sf GFA Wholesale LUC #860 = .21 / 1000 sf GFA General Office LUC #710 = 1.49 / 1000 sq GFA .5/1000 sf GFA + office area 3.5/1000 sf GFA K. P. Smith Tenants 49 Commerce Avenue December 2012 Bay Tenant Sq. Ft, Parkino Employees Use 1A Peregrine Contracting 1250 3 Home Builders 1AL2 Peregrine Contracting 1250 3 4 Home Builders 2A Lurvey's Boat Repair 1250 1 1 Boat Repair 3A Vacant 1250 4A Achilles Auto 1875 3 2 Auto Hobby Shop 5A Wild Branch Botanicals 1875 2 2 Packaged Food Prep 6A Wild Branch Botanicals 1875 2 1 Packaged Food Prep 7A AirTeeh 1250 2 2 Hand Tool Repair 7AL2 Tr uGreen 1250 1 1 Lawn Service BA TruGreen 1250 1 1 Lawn Service 9A Grass Cuts 1250 3 3 Lawn Service 9AL2 Vacant 1250 10A Grass Cuts 1250 3 3 Lawn Samce 10AL2 Vacant 1250 iB Reynolds S Sons 1250 2 2 Wholesale Tool Supplier 1BL2 Vacant 1250 2B Lurvey's Boat Repair 1250 1 1 Boat Repair 3B GSM Auto 1250 3 2 Auto Repair 48 GSM Auto 1250 3 2 Auto Repair 5B Spaulding Scrap Metal 1875 1 1 Scrap Metal 68 Spaulding Scrap Metal 1875 1 1 Scrap Metal 7B Tr u*Green 1250 1 1 Lawn Service as Tr u*Green 1250 1 1 Lawn Service 98 Trve6reen 1250 1 1 Lawn Service 108 TnxGreen 1250 1 1 Lawn Service 34375 39 33 11/16/2012 City of South Burlington Grand LJt Page 1 of 1 03:08 pm Parcel Report ray For Parcel: 0435-00049. KPS 81/49 PROPERTIES LLC Name KPS 81/49 PROPERTIES LLC 81 ETHAN ALLEN DR S BURLINGTON VT 05403 Location (A) 49 AND 53 COMBINED INTO 1 PARCEL (B) LOT 25 & 26 911 49 COMMERCE AVE Tax Map 08-056-001 Desc. 2.57A, BUILDING Codes: (1) (Category)C (Equipment) (Owner)C Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 2.57 Real Land Building Equipment Inventory Values: 1,027,600 267,000 760,600 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 1,027,600 Housesite Special Exmp Grand List 0.00 0.00 10,276.00 Misc: Status: T Bill #: 53862 Updated: 06/14/2011 Last sale was: Valid on 09/01/1998 for $0 recorded on 380/359 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 150064000 (8) : N (9): 06/16/00 SPAN: 600-188-13390 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 20, 2007 Kenneth P. Smith KPS 81/49 Properties, LLC 81 Ethan Allen Drive South Burlington, VT 05403 Re: 49 Commerce Ave - New Tenant - Blazing Design Dear Mr. Smith: This letter is in response to your letter of February 9, 2007 requesting approval for a new tenant, Blazing Design, to occupy Bay 6A. This new tenant fills a vacant space with 1875 sq. ft. of light manufacturing use. Since this space was previously used by Gormly's, a light manufacturing use, no zoning permit is required unless interior renovations exceed $5000. If you have any questions, please feel free to contact me. Sincerely, li Beth Hinds Director of Planning and Zoning KEN SMITH February 13, 2007 49 Commerce Avenue BAY TENANT/USE SQ. FT. PARKING SEWER PM PEAK VIES 1.25 (2) 1.625 2.5 -- --- - (3) 3.75 1 48 12 24 1A Peregrine Contracting (warehouse) Gormly's (Lt. Manufacturing) Utter Auto Repair (auto service)- 2500 1250 1250 ------- - 1.18 1.23 4.23 1 6.34 1AL2 2A 3A 4A Achillies Auto 1875 36 (auto service) (4) 5A Gormly's 1875 1.9 174 24 24 24 0 0 0 36 1.84 1.84 3.39 1.18 1.18 _ 0 0 0.26 (light manufacturing) Blazing Design (light manufacturing) 1875 1250 1----- -- --- -- 2500 2500 (2) .9 - - (1) 2.5 ---------- - - (3) 1.25 (2) 1.25 6A 7A Airtech — ------------------ (equipment repair) --- 7AL2 & 8A ----- --- -- -- - - - - - - Tru Green Chem Lawn (warehousing) - 9A & 10A Gene Beaudry (warehouse) (2) 0 0 9A L2 Vacant 1250 Vacant 1250 10AL2 1 B Reynolds & Sons 1250 1.9 (wholesale) (2) 1 BL2 2B Vacant Gormly's Lt. Manufacturing)_-]_ 1250 1250 2500 0 0 1.625 12 - --� - 5 72 0 1.23 - - --- - - --- --- - 8.45 3B & 4B GSM Auto _ (auto service) _ �- 5B Spaulding Scrap Metal 1875 .938 (1) 24 0.88 (warehouse) 613 Vermont Pump 1875 3.75 12 5.08 Page 1 of 2 KEN SMITH February 13, 2007 49 Commerce Avenue (equipment repair) (4) 1 7B, 8B, 9B, & 10B Tru Green Chem Lawn 5000 -------- - 2.5 1 84 (3) 38 - 606 -- -2_35 - 40.66 (warehouse) 34375 5, —000 Total �-3 Max 65 3000 60 Page 2 of 2 As of 2/13/07 ERA Warehouse LUC #150 = .47 / 1000 sf GFA _ Auto Service LUC #942 = 3.38 / 1000 sf GFA Light Manufacturing LUC #110 = .98 / 1000 sf GFA Equipment Repair LUC #814 = 2.71 / 1000 sf GFA Wholesale LUC #860 = .21 / 1000 sf GFA General Office LUC #710 = 1.49 / 1000 sq GFA - - - PARKING .5/1000 sf GFA 2/1000 sf GFA .5/1000 sf GFA + 1/employee 2/1000 sf GFA .5/1000 sf GFA + office area 3.5/1000 sf GFA K PS 81149 PmAqtics, LLC February 9, 2007 Juli Beth Hinds Director of Planning and Zoning City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: 49 Commerce Avenue Dear Ms.Hinds: The purpose of this letter is to obtain your approval for a new tenant for our building at 49 Commerce Avenue. Michael VanBuren of Blazing Design has indicated an interest in occupying 1875 square feet of ground floor space known as Bay 6A by March I, 2007. Blazing Design is a sole proprietorship with one assistant. They specialize in design, research, development and testing of interior and exterior gas fireplaces. If you need additional information regarding this tenant, please contact me. Thank you for your help in processing this request. Sincerely Kenneth P. Smith RI kthan ,\llcn Drrvc iuuth Burlington, Vcrmomt 05401 l'htmc 902 865 3606 Fay 802 865 4826 K.P. SMITH TENANTS 49 Commerce Avenue February 2007 ft Tenant 5q.Et. Parking Employees Use 1A Peregrine Contracting 1250 3 0 Home Builders 1AL2 Peregrine Contracting 1250 3 4 Home Builders 2A Gormly's 1250 1 1 Packaged Food Preparation 3A Utter Auto Repair 1250 2 2 Auto Repair 4A Achilles Auto 1875 3 3 Auto Hobby Shop 5A Gormley's 1875 1 1 Packaged Food Preparation 6A Blazing Design 1875 2 2 Gas Fireplace Research, Design 7A AirTech 1250 2 2 Hand Tool Repair 7AL2 TrueGreen 1250 1 1 Lawn Service 8A TrueGreen 1250 1 1 Lawn Service 9A Gene Beaudry 1250 1 1 Material Storage 9AL2 Vacant 1250 10A Gene Beaudry 1250 0 0 Material Storage 10AL2 Vacant 1250 1 B Reynolds & Sons 1250 3 3 Wholesale Tool Supplier 1BL2 Vacant 1250 2B Gormly's 1250 1 1 Packaged Food Preparation 313 GSM Auto 1250 3 3 Auto Repair 413 GSM Auto 1250 2 2 Auto Repair 56 Spaulding Scrap Metal 1875 2 2 Scrap Metal 66 Vermont Pump 1875 1 1 Pump Repair 7B TrueGreen 1250 1 1 Lawn Service 813 TrueGreen 1250 2 2 Lawn Service 9B TrueGreen 1250 2 2 Lawn Service 10B TrueGreen 1250 2 2 Lawn Service 34375 37 35 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 11, 2007 Kenneth P. Smith KPS 81/49 Properties, LLC 81 Ethan Allen Drive South Burlington, VT 05403 Re: 49 Commerce Avenue — New Tenants Dear Mr. Smith: This letter is in response to your letters of January 8 and January 10, 2007 requesting approval for new tenants and tenants relocating within your building. The existing and proposed tenants are shown on the tenants list dated January 2007 you included with your letter. All your tenant changes are hereby approved. Since some these tenant changes involve changes in use, please contact Ray Belair to process a zoning permit. Sincerely, ?IriB�eth Hinds Director of Planning & Zoning KEN SMITH January 10, 2007 49 Commerce Avenue BAY TENANT/USE FT. PARKING-1- PM PEAK VTES ------SQ. --SEWER- Peregrine Contracting 2500 1.25--- 48 1.18 -lA (warehouse) (2) -1AL2 ---- Gormly's (Lt. Manufacturing) Utter Auto Repair- (auto service) Achillies Auto 1250 1250 1875 1.625 (2) 2.5 3.75 1.9— 24 36 174 1.23 4.23 6.34 1284 - -0 3.39 1.18 1.18 -0 0.26 -2A -3A 4A (auto service) 1875 5A Gormly's (light manufacturing)____ (2) 0 0 2.5 24 1.25 24 (2) 1.25 0 (2) 0- 0 1.9 36 (2) -6A 7A Vacant Airtech (equipment repair) Tru Green Chem Lawn (warehousing) ---- 1875 1250 2500 2500 1250 7AL2 & 8A Gene Beaudry (warehouse) Vacant 9A & 10A 9A-L-2 -----------Vacant-- OAL2 -1 Reynolds & Sons 1250 -lB (wholesale) 0 0 0 1 BL2 Vacant 1250 Gormly's 1250 1.625 12 -1.23- 2500 5 72 8.45 1875 .938 -------24 --0.88----- (1) 1875 3.75 12 5.08 -2B (Lt. Manufacturing) GSM Auto (auto service) Spaulding Scrap Metal 3B & 4B -5B (warehouse) 166 iVermont Pump Page 1 of 2 KEN SMITH January 10, 2007 49 Commerce Avenue (equipment repair) (4) 7B, 8B, 9B, & 10B Tru Green Chem Lawn (warehouse) — ---- - -r 5000 --- --- 2.5 84 2.35 ---(3) 37 582 38.82 -5 3000 60 Total 34375 35,000 Max Page 2 of 2 GENERATION Warehouse LUC #150 = .47 / 1000 sf GFA A_ Auto Service LUC #942 = 3.38 / 1000 sf GFA Light Manufacturing LUC #110 = .98 / 1000 sf GFA Equipment Repair LUC #814 = 2.71 / 1000 sf GFA___ Wholesale LUC #860 = .21 / 1000 sf GFA _ General Office LUC #710 = 1.49 / 1000 sq GFA PARKING __ .5/1000 sf GFA 2/1000 sf GFA 5/1000 sf GFA + 1/employee 2/1000 sf GFA .5/1000 sf GFA + office area 3.5/1000 sf GFA Jan-10-07 01:35P Kenneth P. Smith (802) 865-4826 P_01 KI S 81149 Pqxi* LL C January 10, 2007 Mr. Ray Belair South Burlington Planning & Zoning 575 Dorset Street South Burlington, Vermont 05403 Dear Ray: The purpose of this letter is to inform you about proposed tenant changes within the 49 Commerce Avenue facility. Gormly's is an existing tenant involved in prepackaged food preparation and warehousing and currently occupies Bays 5A and 6A. They will vacate Bay 6A and occupy Bays 2A and 2B - spaces which are currently vacant but were formerly occupied by McKenzie Landscaping_ Gene Beaudry is an existing tenant who formerly operated Beaudry Coach Works out of Bay 3A. He would like to relocate his tools and materials to Bays 9A and IOA, using those spaces strictly for storage. Utter Auto Repair would like to occupy Bay 3A, the space formerly occupied by Beaudry Coach Works. An updated tenant list is enclosed to assist in your consideration of these proposed changes. Thank you_ Sincerely, Kenneth P_ Smith 311':l1i,ui kll;n; ri,, 0, 1;'U6r,011r, , Vr nu,nH o5jC 1 Jan-10-07 O1:35P KcR!nncath P. Smith (802))865-4826 r P.O2 K.P. SMITH TENANTS 49 Commerce Avenue Janruary 2007 Tenarld S lt. PXhing employees Use. 1 A Peregrine Contracting 1260 3 0 Home Builders 1AL2 Peregrine Contracting 1250 3 4 Home Builders 2A Gormly's 1250 1 1 Packaged Food Preparation 3A Utter Auto Repair 1250 2 2 Auto Repair 4A Achilles Auto 1875 3 3 Auto Hobby Shop 5A Gormley's 1875 1 1 Packaged Food Preparation 6A Vacant 1875 7A AirTech 1250 2 2 Hand Tool Repair 7AI2 TrueGreen 1250 1 1 Lawn Service 8A TrueGreen 1250 1 1 Lawn Service 9A Gene Beaudry 1250 1 1 Material Storage 9AL2 Vacant 1250 10A Gene Beaudry 1250 0 0 Material Storage 10AL2 Vacant 1250 1$ Reynolds & Sons 1250 3 3 Wholesale Tool Supplier 1BL2 Vacant 1250 2B Gormly's 1250 1 1 Packaged Food Preparation 313 GSM Auto 1250 3 3 Auto Repair 4B GSM Auto 1250 2 2 Auto Repair 5B Spaulding Scrap Metal 1875 2 2 Scrap Metal 613 Vermont Pump 1875 1 1 Pump Repair 713 TrueGreen 1250 1 1 Lawn Service SB TrueGreen 1250 2 2 Lawn Service 98 TrueGreen 1250 2 2 Lawn Service 108 TrueGreen 1250 2 2 Lavin Service 34375 37 35 KPS81149Pmpa*LLC January 8, 2007 Mr. Ray Belair South Burlington Planning & Zoning 575 Dorset Street South Burlington, Vermont 05403 Dear Ray: This letter is a request for approval to change a tenant at the 49 Commerce Avenue facility. New England Deliveries, an existing tenant involved in warehousing and delivery of assorted goods, will vacate the space identified as 49 Commerce Avenue, Bays 7B-IOB. TruGreen Chemlawn, a lawn service company currently located at 33 Commerce Avenue in the Ethan Allen Industrial Park, would like to occupy Bays 713-1 OB. TruGreen would also like to occupy Bay 8A, a contiguous space currently vacant, but formerly occupied by Vermont Base Waters, a specialty water bottler and distributor. A current tenant list for 49 Commerce Avenue, including TruGreen, is enclosed for your consideration. Thank you for your prompt consideration of this request. Sincerely, Kenneth P. Smith 81 Ethan Allen Drive South Btirlinpron, Vemlrnit 05403 Phone: 802 86S 36n6 Fax 8028654926 KEN SMITH January 30, 2006 49 Commerce Avenue BAY TENANT/USE SQ. FT. PARKING SEWER PM PEAK VTES 1.18 Peregrine Contracting (warehouse) 1A 2500 1.25 48 1AL2 (2) 12 -- - 12 48 174 24 ------------ 0 36 -- -------- -- - 12 - 48 0 36 - -- - 1250 - - -- 1250 1875 3750 - - - 0.625 (1) 2.5 3.75 (4) 3.875 - (4) 2.5 — (3)- --t i 0 0.59 4.23 6.34 3.68 3.39 - -- ----- ---- -- -- - - --- - 0 4.23 - -- --- 1.86 -1_.18 0 0.26 2A McKenzie Landscaping (warehouse)- -- - -- - -�-- Beaudry Coach Works 3A (auto service) Achillies Auto (auto service) Gormely's (lightmanufacturing)- Airtech 4A 5A & 6A 7A 1250 -- 1250 (equipment repair) 7AL2 Vacant 1250 ------ ---- 1250 2500 - - - 1250 1250 2.5 --------- (3) 4.375 (5) 1.25 - (2) 0 1.9 8A Green Mt. Car Care (auto service) Besette Roofing (office) � Kraft Foods - ------ ----- - -- ---- - (warehouse) - -- -- Vacant Reynolds Sons 10AL2 9A & 10A ----- ---- ---- 9A L2 1 B _& (wholesale)-- - -------- - (2) -- -- 111311-2 Vacant 1250 0 0 0 72 }-- - � ------ 24 - 12 0 26 0 8.45 - - - -- - 0.88 -- - 5.08 Vacant GSM Auto - -- (auto service) 1250 2500 I - - - - I --- ---------------- 1875 - -- 1875 0 5 - — - --- - .938 - - ��-- 3.75 I 3B & 4B -- 5B Spaulding Scrap Metal (warehouse) - ---- - - - Vermont Pump 6B Page 1 of 2 KEN SMITH 49 Commerce Avenue (equipment repair) - 7B, 8B, 9B, & 10B _ New England Deliveries 5000 25- (warehouse) Total 34375 42 Max 35,000 65 January 30, 2006 96 2.35 654 43.7 3000 60 Page 2 of 2 Warehouse LUC #150 = .47 / 1000 sf GFA Auto Service LUC #942 = 3.38 / 1000 sf GFA Light Manufacturing LUC #110 = .98 / 1000 sf GFA Equipment Repair LUC #814 = 2.71 / 1000 sf GFA Wholesale LUC #860 = .21 / 1000 sf GFA General Office LUC #710 = 1.49 / 1000 sq GFA CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 30, 2006 Kenneth P. Smith KPS 81/49 Properties, LLC 81 Ethan Allen Drive South Burlington, VT 05403 Re: 49 Commerce Ave — New Tenants Dear Mr. Smith: This is in response to your letter of January 12, 2006 requesting approval for all your tenants at 49 Commerce Avenue. Pursuant to Condition #4 of your 11/12/96 approval, you are herby approved for all tenants on the list you provided dated January, 2006. Since these tenants represent changes in use, please note that you must obtain a zoning permit for all these tenants. Please contact Ray Belair as soon as possible to obtain your permit. Sincerely, ?JulriBeth Hinds Director of Planning and Zoning Jan-26-06 04:25P KQnne3th P_ Smith (802))865-4826 P_01 K-P. SMITH TENANTS 49 commerce Avenue Janlruary 7006 gay TerUVA Sc�Ft. I Peregrine Contracting 1250 1AL2 Pcregrtne Contracting 1250 2A McKenzie Landscaping 1250 3A 8eaudry Coach Ularlc5 1250 4A Achilles Auto 1875 5A Jormley's 1875 bA Go►mley's 1875 7A AUTech i250 7AL.Z Vacarrt 1250 gA Green Mountain Car Care 1250 9A Kraft Foods 1250 9AL.2 Vacant 1250 l0A Kraft Foods 1250 10ALZ Be?ssel:W hoofing 1250 I IOU 20 30 4B $B 65 70 813 9B 106 Reynolds & Sons vacant Vacant GSM Auto GSM Aug Spaulding Scrap Metal Vermont Pump New England Deliveries New England Deliveries New Erigland Deliveries New England Deliveries Parking Errrpl0 e s 3 0 3 4 2 1 4 4 1.5 1 1.5 1 3 2 0 0 6 3 2 2 0 0 2 2 2 1 1Z50 3 3 1250 0 0 1250 0 0 1250 3 3 1250 3 3 1075 2 2 1875 1 1 1250 2 2 1250 2 2 1250 2 2 1250 2 2 34375 51 42 Horne Builders Landscaper RV Repair Auto Hobby Shop Packaged Food preparation Packages! Food Preparation Hand Tool Repair Auto Detailing Snack Food Distribution Roofing/snOWpluwing Snack Food Distrlbutlon Roofing/Snowplowing wholesale Tool Supplier Auto Repair Auto Repair Scrap Metal Pump Repair Delivery Service — Delivery Service Delivery Service Delivery Service ) KPS 81149 Pm]v7ies, L January 12, 2006 Mr. Ray Belair South Burlington Planning & Zoning 575 Dorset Street South Burlington, Vermont 05403 Dear Ray: Kenneth Smith herewith requests approval for the tenants listed on the attached sheet to occupy facilities in the building located at 49 Commerce Avenue, South Burlington, Vermont. Thank you for your prompt consideration of this request. Sincerely, Kenneth P. Smith 81 Ethan .Alen Drive South Burlington, Vermont OS403 Phonc: 803 865 3606 Pax. 802 865 4836 KEN SMITH - 49 COMMERCE AVENUE Parking Sq. ft. Required Sewer 1. National Contract 4000 10 105 Sales (Warehouse) 2. DHL World Wide 5000 17 150 Express (Warehouse) 3. Drake Bakeries 3000 7 60 (Warehouse) 4. Culligan Water 3000 1.3 30 (Warehouse) 5. GSM Enterprises 2500 8 15 (Auto Repair) 6. VT Custom Auto 1250 4 15 (Auto Repair) 7. Crystall River Products 3500 1 15 (Warehouse) 8. Artisic Woodworking 1250 1 15 (Manufacturing) 9. Innovative Equipments 2500 1.3 30 Specialists (Manufacturing) 10. VACANT 1875 _ 11. F.W. Whitcomb 2500 1 15 (Warehouse) 12. Air Filtration Management 1250 3.3 30 (Warehouse) 31,625 54.9 480 8/ 19/98 P.M. Peak Hr. Trips 2.96 3.7 2.22 2.22 9.5 6.2 2.6 1 1.88 1.88 0.93 35.09 r n 1,�1 ,11: 'r� "' �%/ �.?•R C,1 _ yj'�-L��. '.l` r _f 't2 2- L /t/o ovy'AV X No Text l�j , CI a i � �f��� , �i �'` /� ��� �� C7 ,��% _ "�"� v �V� ���\ -, � _� 14 Morse Drive Essex Junction, Vermont 05452 L_ .�OUREUX & DICKINSON - Consulting Engineers, Inc. September 24, 2001 Raymond J. Belair Administrative Officer Department of Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Lots 25/26 & 27 - Ethan Allen Farms Industrial Subdivision 45 Commerce Avenue, South Burlington Dear Ray: (802) 8784450 Fax (802) 878-3135 We are writing on behalf of Ken Smith and Jim Barron in regard to the subdivision of Lot 27 and amendments to the Site Plans of Lots 25/26 and 27 of the Ethan Allen Farms Industrial Subdivision. These lots are located on the westerly side of Commerce Avenue in the City of South Burlington. We are requesting your review of the enclosed applications, and placement on the Development Review Board agenda for Final Plan approval for the subdivision and approval of the Site Plan Amendments. The project is located within the Mixed Industrial and Commercial District (IC). As we discussed, we are applying for a waiver under section 3.503 to allow work within the 50' buffer zone of the delineated wetland. A letter from Brian Tremback, the wetlands specialist from our office in regard to this is attached. We have enclosed the following for your review: Five copies and one reduced copy of the Site Plan and Boundary Line Adjustment Plat; 2 Site Plan Review applications, one for Lot 27 and one for Lot25/26; Final Subdivision Plat Review Application for Lot 27 Please call our office with any questions. Si1>ncerely, D tg Henson, L.S., E.I. cc: Ken Smith Jim Barron Q'2000',00-100TINAL APP coves letter wpd Civil • Environmental 9 Transportation • Planning • Landscape Architecture • Hydrogeology • Land Surveying 0 0 CU CV LrI Cr) v CV a CD (1) C CD O 0 0 0 O 0 0 c\.I / LD 3 O 0 a U w' W' r TNLOU TYPE I SEE SIE RAN SANE G10URSE SLOPE AT 1 1/rAl E0N fJAq Ei "N TVTN'aL . OF Twsa1L AND / GRAaLIL\L�\L I ,} CSH WRAFI OF ►�E PAVEMEIM NT OR APPROVED EQUAL / PARSING LOT DETAIL / NTS Lock* NT7 / LOT 28 / 0 0T O RN 6 IDRER FLEV III RIN AS NECESSARY TO NNAJNrAN tr DEPTH LANDS TO BE RETAINED BY ��0 a . w SLOPE IN DFICH LOT 27 40�BARRON �µ I i 0.93 Gene i / DETTN PARES FINISH P AAA \ PROVIDE NEW GRASS / IYiYuN 1r i SWNE s - ao0s unun r % \ \ PROPOSED 9101114 WATER EASEMENT MAINTAIN SWANE J Y FROM J. BARRON TO r-P.9SIN _ NNYFRT-SLGK 10 E..wRN lr ON PLAN TYPICAL. SPECIAL DRAINAGE SWAIMNTS WETLAND 1 �'� C �� GROUND- - ------ J \ CONSTRUCT COVE OUT SDI, PUNT RBS AND COVER cxouNo WITH A u1WR OF 7VPE 1 STOP SIDS VIER OF BERM ICALI THE CONTRACTOR SHALL NOTIFY 'DIGSAFE' AT 1-WB-DIG-SAFE PRIOR TO ANY EXCAVATION. MOPOSED rARCEL 5OLJPDARY - — MOFMTY LINE - - SIDELINE OF EASEMENT • IRON rlrE • IRON rIM - - - - - - - - - - - - - EXISTING CONTOUR MOrOSED CONTOUR ---- — EDGE OF WETLAND SUFFER EDGE OF WETLAND \ A A A WETLAND SILT FENCE NEW FINISH GRADE C' I , \ 1C� \ GF \ LANDS OF K P SMITH V N�JFcr o4n PR%ECT PARCEL - 21,420 S.F. (050 ACRES) LOT 25 / ZONING - NIFD NDUSREAL AND CONEROAL �D ►A— PM10N0 L W " \ / \ \ / \ LOT 2� LOT 25-27 PARCEL DA VED T5,114 SF 1 N.77S SF (_W NO Llfvf�E7! 133,551 SF ALLOWED PROPOSD - BEA DNO COVERAGE 30% NAXI" 11,M0 SF (76S S4 ITAL LOT COVi11A/E 70W 11A1O111N 73,530 SF (5S.11n FRONT YARD COVERAGE 30R MAXWUM NO CHANGE OPEN SPACE N / A 16.444 IF (40.570 TOTAL AREA 406317 SF i \ \ \ Pat DLIFIDPYwr by \ ,id \ , APPIIPIFD n RESOLUTION a 71E REVIEW SEAM OF THE CITY OF saNmN W11RNE+010C VERMOIT, ON THE DAY OF 2001 SUW.ELT TO THE awl Nwrs AND TO15 THESEBANS WITH LATEST SPIU Ms SIniD a SAND RESOLLT �SONED TES ` DAY USED FOR IE WONE SHOWN EDE \ OOF F HNCONCEPT INARY (CLEIM OR CHAPMAN) D PAVING D DRAWING AREA \ / K.P. SMITH 0-1oo i \ ✓C0100MIM AVINIM 80M NUILMI ON. r—Y n9p GRAPHICOWN WAPPUCANTgo SMITH 1* 111j�� SCALE .11 4SMITH CGNTRAcrD 1 ET ALLIN DIE ``\ A. SaunN NREINGI0N, K QD40,S ( in I= JAMES SANNON I ish - SD n S ASPEN DRIVE MMM1S'ION, YT ODW II L ie L&MODUUX �h DICMINSON I'-30' E— ,Lne+l-, Vr 03432 (802) 575-4450 00 J State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules, Wastewater System and Potable Water Supply Rules, Effective January 1, 2005 Water Supply Rules, Effective June 19, 2003 Case Number: WW-4-0886-2 PIN: EJ85-0002.85 Landowner: KPS 81/49 Properties, LLC 81 Ethan Allen Drive South Burlington VT 05403 This permit affects property referenced in deeds recorded in Book 380 Page 359 of the South Burlington, Vermont land records. This project, consisting of amending Pen -nit #WW-4-0886 to decrease the water and wastewater allocation from 3,000 gallons per day to 1,000 gallons per day and to amend the use of the building to include a food preparation area with three employees and no on -premise public seating, and, commercial space with a maximum of 70 employees served by municipal water and wastewater services on Lot 25/26 of Permit #WW-4-0886-1 located off Commerce Avenue in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. This does not constitute approval under Act 250 case number 4C0643. GENERAL 1. This permit does not relieve the pennittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor & Industry — telephone (802) 828-2106 or (802) 879-2300, the Department of Health — telephone (802) 863-7221, and local officials prior to proceeding with this project. 2. The conditions of this permit shall run with the land and will be binding upon and enforceable against the pennittee and all assigns and successors in interest. The pennittee shall be responsible for the recording of this permit in the South Burlington Land Records within thirty, (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this pen -nit. 3. All conditions set forth in Permit #WW-4-0886 and #WW-4-0886-1 shall remain in effect except as modified or amended herein. 4. The Wastewater Management Division now reviews the water and wastewater disposal systems under 10 V.S.A., Chapter 64 — Potable Water Supply and Wastewater System Permit. Wastewater System and Potable Water Supply Pen -nit WW-4-0886-2 KPS 81/49 Properties, LLC Page 2 5. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations. 6. A copy of this permit shall remain on the project during all phases of construction, and upon request, shall be made available for inspection by State or local personnel. WATER SUPPLY & WASTEWATER DISPOSAL 7. The project is approved for water supply by connection to the municipal water for a maximum of 1,000 gallons of water per day. The Wastewater Management Division shall allow no other method of obtaining potable water without prior review and approval. The project is approved for wastewater disposal to the municipal wastewater treatment facility for a maximum of 1,000 gallons of wastewater per day. The Wastewater Management Division shall allow no other method, or location of wastewater disposal without prior review and approval. Dated at Essex Junction, Vermont on January 11, 2005. Jeffrey Wennberg, Commissioner Department of Environmental Conservation By2��� Ernest Christianson Regional Engineer C For the Record South Burlington Planning Commission & Select Board Act 250 District Environmental Commission #4 Department of Labor & Industry Department of Health — Food & Lodging Licenses DEVELOPMENT REVIEW BOARD 18 OCTOBER 2005 The South Burlington Development Review Board held a regular meeting on Tuesday, 18 October 2005, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: M. Behr, Acting Chair; R. Farley, G. Quimby, C. Bolton, L. Kupferman, M. Birmingham Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; K. Smith, S.Vock, D. Webster, S. Moore, T. Crapo, M. Johnson, J. Finnigan, J. Larkin 1. Other Business: Mr. Belair reported on three administrative approvals he had granted as follows: a. 30 Community Drive: conversion of light manufacturing use to recreational use b. 118 Tilley Drive: conversion of office space to retail food (small deli) c. 11 Commerce Avenue: relocation of storage shed and expansion of parking lot 2. Minutes of 20 September 2005: Ms. Quimby moved to approve the Minutes of 20 September as written. Mr. Farley seconded. Motion passed unanimously. r 3.1Site Plan Application #SP-05-41 of Kenneth Smith to amend a previously �./approved site plan for a 35,000 sq. ft. building for a multiple of commercial & industrial uses. The amendment consists of reapproval for an outside storage area, 49 Commerce Avenue: Mr. Belair said this is an instance of a lapsed approval. Mr. Smith said there are no changes from the previously approved plan. Ms. Quimby moved to approve Site Plan Application #SP-05-41 of Kenneth Smith subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed 5-0 with Mr. Birmingham abstaining. 4. Site Plan Application #SP-05-46 of James & Betsy Bahrenburg to construct a detached accessory structure to include a 600 sq. ft. accessory residential unit, 25 Bartlett Bay Road: and -1- CI CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO: South Burlington Development Review Board FROM.• Cathyann LaRose, Associate Plannelo DATE: October 12, 2005 RE: Agenda # 3 Kenneth P. Smith- 49 Commerce Avenue Site Plan Application #SP-05-41 Meeting Date: October 18, 2005 Kenneth P. Smith, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved site plan for a 35,000 sq. ft. building for a multiple of commercial & industrial uses. The amendment consists of re -approval for an outside storage area, 49 Commerce Avenue. The Development Review Board voted for approval of the site plan on July 15, 2003 and issued their approval through the Findings of Fact and Decision on July 29, 2003 (attached). However, the applicant did not obtain a zoning permit or a certificate of occupancy for this property within six months of approval, as required in the conditions of approval. Therefore the previous approval is null and void. Staff discovered this violation and requested the applicant reapply. Staff finds no issues with the proposed storage area as shown on the site plan submitted July 3, 2003. Staff recommends that the Development Review Board approve Site Plan Application #SP-05-41 with the same conditions included in the approval of July 29, 2005. 40 #SP-03-15 FINDINGS OF FACT Er DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of fact, site plan application #SP-03-15 of Ken Smith to amend a previously approved plan for a 35,000 sq. ft. building for a multiple number of tenants and a multiple number of commercial and industrial uses. The amendment consists of eliminating proposed outside storage from within a wetland buffer area, 49 Commerce Avenue. On the 15t" day of July 2003, the South Burlington Development Review Board approved the request of Ken Smith for site plan approval under Section 14.04 (F) of the South Burlington Land Development Regulations, based on the following findings: 1. This project consists of amending a previously approved site plan for a 35,000 sq. ft. building for a multiple number of tenants and a multiple number of commercial and industrial uses. The amendment consists of eliminating proposed outside storage from within a wetland buffer area. The approval for the outside storage was granted on 11i6%01. 2. The owner of record is James Barron. 3. This property located at 49 Commerce Avenue lies within the Mixed Industrial and Commercial District. The property is bound to the north by Commerce Avenue, on the east and west by light commercial industry, and the south by undeveloped land and wetlands. 4. The only issues affecting this application are coverage and landscaping screening. 5. Coverage: Overall coverage is being reduced from 68.7% to 67% (maximum allowed is 70%). l Page #2 6. Landscaping/screening: The previously approved proposal included $4860 in additional plantings along the rear of the outside storage area on top of a proposed berm. The plantings and the berm are no longer proposed. The previously approved plan included a fence with an evergreen buffer to screen the new outside storage area. This fence and screen do not appear on the plan, which are no longer needed given that this area will be used for vehicle parking, summer storage of snowplows and sander bodies and winter storage of lawn care equipment trailers. Two (2) areas would be used for bark mulch storage and an area has been designated for a screened dumpster area. DECISION Er CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves site plan application #SP-03-15 of Ken Smith to amend a previously approved plan for a 35,000 sq. ft. building for a multiple number of tenants and a multiple number of commercial and industrial uses. The amendment consists of eliminating proposed outside storage from within a wetland buffer area, 49 Commerce Avenue, as depicted on a plan entitled, "K.P. Smith Lots 25-26 Commerce Avenue, South Burlington, VT", prepared by Lamoureux Et Dickinson Consulting Engineers, Inc., dated 3%28f03, last revised on 7f2%03, with the following stipulations: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.02 of the Land Development Regulations or this approval is null and void. 3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the outside storage area. Page #3 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. C-l�a+r-ar lerk Date South Burlington Development Review Board Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 19, 2005 Kenneth P. Smith 81 Ethan Allen Drive South Burlington, VT 05407 Re: 49 Commerce Avenue Dear Mr. Smith: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the Development Review Board on October 18, 2005 (effective 10/18/05). Please note the conditions of approval including that you must apply for a zoning permit within six (6) months. If you have any questions, please contact me. Sincerely,r�B� ��� ^ y\ Betsy McDonough Planning & Zoning Assistant Encl. CERTIFIED MAIL — 7005 1820 0004 9293 8307 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 13, 2005 Kenneth P. Smith 81 Ethan Allen Drive South Burlington, VT 05403 Re: 49 Commerce Avenue Dear Mr. Smith: 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 18, 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, " h Betsy-1 McDonough Planning & Zoning Assitant Encl. �eriii�`C�4 c�1tTi-� F1 c S ga Cort{µa2�- �,�[ � ►CAS � � . C� p�ll �� j �_���9 �`�� CPO %49 a. V � - �\ L �R UpC- -b c-S L,C c(o Luti.r 8� A Eflun Al Cm "ter . ,--Po°�3 0�o4v- OC 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 October 6, 2005 James A. Barron PO Box 9362 South Burlington, VT 05407 Dear Property Owner: Im Lt� O�b�Jv� 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 18, 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 846-4io6, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. Permit Number SP- O�, -�L 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 hoard. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #)_ 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) t�'c��► Ye 7-� 4) CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): 5) PROJECT STREET ADDRESS: �1% 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 use) b) Proposed Uses on property (include description and size of each new use and existing uses to remain) c) Total building square footage on property (proposed buildings and existing buildings to remain) d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 73 ' [w�•.—s 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): 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: a) Building: Existing /S, 15 % / Proposed % / sq. ft. sq. ft. b) Overall impervious coverage (building, parking, outside storage, etc) Existing _% / sq. ft. Proposed % / sq. ft. c) Front yard (along each street) Existing % / 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): $ b) Landscaping: $ c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): 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: 2 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) 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). 3 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. SIG TUREPPLICANT z�e IGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: v d REVIEW AUTHORITY: ! � Develo ment Review Board p _. I have reviewed this site plan application and find it to be: �omplete ❑ Incomplete of Planning & Zoning or Designee bate 4 EXHIBIT A SITE PLAN The following information must be shown on the site plan. Please submit five (5) copies and one reduced copy (I I" 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 CITY OF SOUTH BURLINGTON DEPARTMENT OF PIANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 30, 2003 Doug Henson Lamoureux & Dickinson 14 Morse Drive Essex Jct., Vermont 05452 Re: Reduce Outside Storage Area - 49 Commerce Avenue Dear Mr. Henson: Enclosed, please find a copy of the Findings of Fact and Decision on the above referenced project approved by the Development Review Board on 7/15/03 (effective 7/29/03). Please note the conditions of approval including the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please feel free to contact me. Sincerely, R'a'ymoKd J. Belair-W� Administrative Officer Encl. LAMOUREUX & DICKINSON Consulting Engineers, Inc. • Engineers 14 Morse Drive • Planners Tel. (802)878-4450 Fax (802)878-3135 Essex Junction, VT 05452 • Surveyors mail@LDengineering.com • Landscape Architecture • Wetland & Soil Scientists TRANSMITTAL Mail Fax/Number: I # of Pages X Hand Carried J= Pick-up Courier Service TO: City of South Burlington FROM: Doug Henson ATTENTION: Mr. Ray Belaire DATE: 7-2-03 ADDRESS: RE: 49 Commerce Ave. PROJECT NAME: K.P. Smith PROJECT M 00-100 COPIES DATE SHEET DESCRIPTION X Prints 5 7-02-03 1 Site Plan (24" x 36") Shop Drawings 1 7-02-03 1 Site Plan (11" x 17") Plans Copy of Letters Change Order Specifications Disk Comments: Ray, here are the revised plans as per the DRB request, Doug X For your review X For your use For comment As requested. F.Y.I. For execution Signature: Doug Henson COPY TO: Ken Smith ❑ Front Office Copy revised May 7, 2001 ❑ Project File Copy 0 \DOUGH\TRANSMITnew wpd AMOUREUX & DICKINSON 14 Morse Drive Consulting Engineers, Inc. (802) 878-4450 Essex Junction, Vermont 05452 Fax (802) 878-3135 July 2, 2003 Raymond J. Belair Administrative Officer Department of Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Lots 25/26 - Ethan Allen Farms Industrial Subdivision 49 Commerce Avenue, South Burlington Dear Ray: We are writing on behalf of Ken Smith in regard to the amendment to the Site Plan of Lot 25/26 of the Ethan Allen Farms Industrial Subdivision. We have revised the plan to show the dumpsters being relocated to the new area, with a chain link fence around them with the integrated screening slats woven into the fence. The plan also has been revised to show two areas set aside for bark mulch storage, eight parking space sized spots for the storage of snow plows and sander bodies during the summer months, and lawn care equipment trailers in the winter months, as well as eight designated, painted parking spaces for overflow employee parking for the tenants of 49 Commerce Ave. We hope that these revisions are adequate to answer the questions of the Development Review Board. Please call our office with any questions. Sincerely, D g Henson, L.S., E.I. cc: Ken Smith P.\2000\00-I00\site amend cover letter2.wpd Civil 9 Environmental • Transportation 9 Planning 9 Landscape Architecture • Land Surveying I MEMORANDUM TO: DEVELOPMENT REVIEW BOARD 41 FROM: RAYMOND,J. BELAIR, ADMINISTRATIVE OFFICER DATE: .JULY 11, 2003 RE: KEN SMITH, 49 COMMERCE AVENUE This application was continued from the 7W03 meeting (minutes enclosed) to provide the applicant time to revise the plans to determine what type of outside storage would be proposed. The applicant is proposing to pave and stripe the lot, which would be used for vehicle parking, summer storage and snowplows and sander bodies and winter storage of lawn care equipment trailers. Two (2) areas would be used for bark mulch storage. The plan also show the relocated dumpster storage area with screening. Staff recommends approval as presented. I MOTION OF APPROVAL KEN SMITH 7t15/03 I move the South Burlington Development Review Board approve site plan application #SP-03-15 of Ken Smith to amend a previously approved plan for a 35,000 sq. ft. building for a multiple number of tenants and a multiple number of commercial and industrial uses. The amendment consists of eliminating proposed outside storage from within a wetland buffer area, 49 Commerce Avenue, as depicted on a plan entitled, "K.P. Smith Lots 25-26 Commerce Avenue, South Burlington, VT", prepared by Lamoureux Er Dickinson Consulting Engineers, Inc., dated 3/28/03, last revised on 7/2f03, with the following stipulations: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.02 of the Land Development Regulations or this approval is null and void. 3. The applicant shall obtain a Certificate of OccupancyfCompliance from the Administrative Officer prior to the use of the outside storage area. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. MEMORANDUM TO: Development Review Board FROM: Raymond J. Belair, Administrative Officer DATE: June 27, 2003 r RE: Ken Smith - Reduce Outside Storage Area - 49 Commerce Avenue This project consists of amending a previously approved site plan for a 35,000 sq. ft. building for a multiple number of tenants and a multiple number of commercial and industrial uses. The amendment consists of eliminating proposed outside storage from within a wetland buffer area. The approval for the outside storage was granted on 1116101 (minutes enclosed). The owner of record is James Barron. This property located at 49 Commerce Avenue lies within the Mixed Industrial and Commercial District. The property is bound to the north by Commerce Avenue, on the east and west by light commercial industry, and the south by undeveloped land and wetlands. The only issues affecting this application are coverage and landscapingfscreening. Coverage: Overall coverage is being reduced from 68.7% to 67% (maximum allowed is 70%). Landscaping/screening: The previously approved proposal included $4860 in additional plantings along the rear of the outside storage area on top of a proposed berm. The berm is also no longer proposed. The previously approved plan included a fence with an evergreen buffer to screen the new outside storage area. This fence and screen do not appear on the plan. The applicant should be prepared to explain why this is no longer needed. THE CONTRACTOR SHALL NOTIFY "DIGSAFE" AT 1-888-DIG-SAFE PRIOR TO ANY EXCAVATION VARIES It' MIN 2' THICK TYPEIII SEE SITE PLAN BASE COURSE FOR GRADING �\ SLOPE AT 2 1 I/2���ET TO EXISTING / \ OF GROUND \ TYPICAL 4' \' TOPSOIL AND , CFASS .�� ' FOta" d L .�. \\�\\ R ASE (70 \ � SLOPE TO MATCH F,IasH MIRAFI 50OX GRADE OF PAVEMENT OR APPROVED EQUAL \ PARKING LOT DETAIL NTS / RIMEXISTING CATCH BASIN RIM ELEV = LOWER RIM TOO ELCV 2251 BERM AS NECESSARY / / PROVIDE 4' TOPSOIL TO MAINTAIN 12' DEPTH AND GRASS COVER AND 0005 FT /FT MIN (URBAN MIX) SLOPE IN DITCH LOT 27 / 2 / DTH 1a / LANDS OF EPVARIES SEE PLAN FOR / JAMES BARREN FINISH GRADE PROVIDE NEW GRASS MINIMUM 12" SWALE S ODDS ORIGINAL/ GROUND � � T 311 11 -1- GR ND \ STORM WATER EASEMENT / MAINTAIN SWALE J FROM J BARRON TO K P WITH .W IN INVERT -SLOPE TO/ / d MINIMUM 12" OFA0005TFTM/fT OR AS SHOWN ♦96/ �-� / \ N ON PLAN N /i TYPICAL SPECIAL DRAINAGE SWALE 4 \ NTS 5 12� 1 ( 2250 22J4 \ �7) ffl ,J OT 26 PROPOSED PAVED PARKING LOT/OVTDOOR STORAGE AREA \ \ \�� \ 22760 �\ 227 _ SMOQTH CUT EXISTING PAVEMENT LANDS OF K P SMITH BAC 1 FOOT, AND COAT WITH \ I ) EMULSIFIED ASPHALT PRIOR \ TO PAVING All, / / ) I TBM - NLROAD SPIKE IN P. - ELEV - 231 22 O EXISTING \ D MPSIER AREA TO BE RELOCATED TO W11HIN "OUTSIDE STORAGE �" \ \ LOT 25 \ �\ O %ISTING PAVED PARKING LAO J E • o HFOE \ • \ \ 1yd \ ••• \'\ OT�O • • \ N1 SO Q 0 \ / LEGEND PROPOSED PARCEL DOUNDAKY PROPERTY LINE SIDELINE OF EASEMENT • IRON PIPE EXISTING CONTOUR ,,.+. PROPOSED CONTOUR EDGE OF WETLAND BUFFER EDGE OF WETLAND b \ \ # # # WETLAND SILT FENCE 22650 * NEW FINISH GRADE 6" �- MAPLE \ UTILITY VAULT \\� BIKE RACK PAVED SIDEWALK LOT 24 GRAPHIC SCALE �fo ( IN FErr ) I Nun = 3D TE c \\ O� MAPLE `^ \ CEDAF z- \ I \\ (6) 6 DOGWOOD 6' G MAPL �\ 9 \ uTILI VAULTS \ STONE PATIO \ 10" \ BLU UCE \ 4- MAPLE V PRONCT OATH / PROJECT PARCEL - 21.620 SF D50 ACRES) ZONING - MIXED INDUSTRIAL AND COMMERCIAL LOT 25-26 PARCEL DATA ALLDWE PROPOSED - SMITH BUILDING COVERAGE 10% MAXIMUM 25,225 SF (111as) TOTAL LOT COVERAGE 70% M XIMUM 89,677 SF (67%) FRONT YARD COVERAGE w% MAXIMUM NO CHANGE OPEN SPACE N A 44,1113 SF (33%) TOTAL AREA 133.M SF dote description by APPROVED BOARD OF TH CI OF TS DEVELOPMENT REVIEW T,OOF THE CITY OF SOUTH BUNUNGTON. REVISIONS SUBJECT, ON THE -DAY 2003 THESE KARS WRN LATEST REVISIONS SHOULD OF SUBJECT TO THE REQUIREMENTS AND CONDITONS OF SAID RESOLUTIONNSIGNED NEEDD THIS DAY OLLT t USED FOR THE PURPOSE SHOWN IEIDW: SNEEIS OF 2003 BY SKETCH/CONCEPT PRELIMINARY (CLERK OR CHAIRMAN) OWNER/APPLICANT KEN SMITH K P SMITH GENERA_ CONTRACTORS 81 ETHAN ALLEN DRIVE SOUTH BURLINGTON. VT 05403 FINAL RECORD DRAWING o. K.P. SMITH pro 00-,0000 survey LOTS 25-26 OTHERS CONINEWE AVENUE. SOUTH BUMMGTON, VT design DLH/BJT drawn DLH/BJT v,,,Ilrr,,A SITE PLAN 01 liflO DLH/LAL dale 3-28-03 1"OUREUX & DICKINSON i^a130 ConnElti�Inc. 14 M Jorge DriveriVe t no /Trr1L11Y Essex 878 VT 05452 (B02) 02) 878-{450 1 Engineer• —Planners —Surveyors DEVELOPMENT REVIEW BOARD 6 NOVEMBER 2001 PAGE 4 Mr. Belair said it is staffs opinion that you can't use traffic from a residential district to apply to a commercial district. In the commercial district 26 VTE's are allowed. This project will generate 53. Mr. Vock said the Sherwin Williams project used residential trip generation just a few years ago. Mr. Aioli said just because you make a mistake before doesn't mean you have to continue it. Mr. Bertan asked the Board to deny the C-l/R-4 extension. He asked where this kind of thing stops and how far into a residential area commercial things can creep. The line was drawn there to keep commercial development out of the residential district. He said it also seems obvious to him that there will be a menu board put up at some time. Mr. Schmitt said he felt this is a fast food restaurant as they are sending food out in paper boxes. Pizza Hut also advertizes "10 minutes or less." He also noted that with the encroachment proposed into the R-4 district, you get more traffic. He asked for the City Attorney's opinion on this. Mr. Belair noted the Board must make a decision within 60 days. Mr. Boucher moved to continue to 18 December. Mr. Farley seconded. Motion passed unanimously. Mr. Kupferman said he would like to see a marketing plan from Pizza Hut. 10. Public Hearing: Application #CU-01-40 of Robert Griswold and Capital Enterprises seeking conditional use approval under Section 26.05, Conditional Uses, and Section 29.007, Interpretation of District Boundaries, of the South Burlington Zoning Regulations. Request is for permission to extend the Cl District Boundary line fifty feet into the R4 District, 1220 Shelburne Road: Mr. Boucher moved to continue this application to 18 December. Mr. Farley seconded. Motion passed unanimously. Mr. Belair noted the City Council has indicated it is not in favor of moving the boundary toward the residential zone. Mr. Haynes noted that he can presently see the Sherwin Williams building and hear trash removal. He felt that removing any trees will add to the noise. 11. Public Hearing: Final Plat application #SD-01-53 of Burlington Properties to amend a planned unit development consisting of a 132,700 sq. ft. light manufacturing facility. The amendment consists of. 1) parking layout modification, and 2) adding an 8'x8' exterior gas storage unit, 1020 Hinesburg Road: Mr. Lavigne said they would move 3 handicapped spaces from the west side of the buffer zone to the east side to line up with the other handicapped spaces. They are being required to move the gas to outside storage (this is bottled gas and empty tanks). Mr. Belair said there is no impact from these amendments. Mr. Boucher moved to approve Final Plat application #SD-01-54 of Burlington Properties subject to the stipulations in the draft motion of 6 November 2001. Ms. Quimby seconded. Motion passed unanimously. liminary Plat application #SD-01-61 and Final Plat application #SD-01-56 of Ken Smith and James Barron for a boundary line adjustment between 45 and 49 Commerce Avenue: DEVELOPMENT REVIEW BOARD 6 NOVEMBER 2001 PAGE 5 Mr. Penton said Mr. Smith would like to use the area for storage for some of his tenants so they aren't using up the parking area. There is a proposed landscaped berm. There has been a gradual filling of the wetland. The applicant has been working with the wetlands office to clean it up. The proposed berm will protect the wetland. The height of landscaping on the berm is limited to 25 feet because of the VELCO easement. Mr. Boucher moved to approve Preliminary Plat application #SD-01-61 and Final Plat application #SD-01-56 of Ken Smith and James Barron subject to the stipulations in the draft motion dated 6 November 2001. Ms. Quimby seconded. Motion passed unanimously. 13. Site plan application #SP-01-74 of James Barron to amend a previously approved site plan for a 12,500 sq. ft. warehouse. The amendment consists of reducing the lot size at 45 Commerce Avenue: Mr. Belair noted that landscaping and parking information are needed on the plan. Mr. Boucher moved to approve Site Plan application #SP-01-74 of James Barron subject to the stipulations in the draft motion of 6 November 2001. Mr. Farley seconded. Motion passed unanimously. 14. Site plan application #SP-01-73 of Ken Smith to amend a previously approved site plan for a 35,000 sq. ft. building for a multiple of commercial and industrial uses. The amendment consists of expanding the size of the lot, 49 Commerce Avenue: Members agreed the applicant meets criteria 42 for hearing an amendment. Mr. Belair noted that the original plan requires 65 parking spaced, 9'x15'. He said that parking spaces have not been delineated. Mr. Smith said he has blocks of parking for each tenant and that this works well. Some of the equipment stored in the parking spaces (e.g., plows) is larger than the spaces would be. Mr. Boucher suggested using different color lines to delineate spaces. Mr. Smith agreed to do this. Mr. Smith said he wants to put up a security fence as he has had things stolen from the site. He suggested a chain link fence with a screening hedge. The draft motion was amended to include the fence and to require designation of outside storage on the plan. Mr. Boucher moved to approve site plan application #SP-01-73 of Ken Smith subject to the stipulations in the draft motion of 6 November 2001 amended to include fencing and designation of outside storage on the plan. Mr. Kupferman seconded. Motion passed 4-1 with Ms. Quimby voting against. 7. Public Hearing: Final Plat application #SD-01-55 of Lime Kiln Housing Partnership to amend a planned unit development consisting of 85 residential units in 4 buildings, and a 42 unit congregate housing facility on two lots. The amendment consists of subdividing lot #2 into two lots of 5.38 acres (lot #2) and 1.97 acres (lot #4), 378-380 Lime Kiln Road: Mr. Schmitt stepped down due to a conflict of interest. Mr. Belair noted this is the same plan as approved in June. The applicant did not get the notice of conditions in within 90 days. State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT r Case Number: WW-4-0886-1 PIN: EJ85-0002.05 Landowner: K.P. Smith, Inc. Address: 81 Ethan Allen Drive South Burlington VT 05403 LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 16, 2002 This project, consisting of amending Subdivision Permit #EC-4-1183-1 and #EC-4-1183-2 for a boundary line adjustment for Lots 25/26 with Lot 27 so that Lots 25/26 becomes 2.58 acres on which is the commercial building approved by Water Supply and Wastewater Disposal Permit #WW-4- 0886 located off Commerce Avenue in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. This does not constitute approval under Act 250 case number 4C0643. GENERAL 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission and local officials REiff to proceeding with this project. 2. The project shall be completed as shown on the plans proj. no. 00100, sht. no. 1 "Boundary Line Adjustment Plat" dated 1-31-02 prepared by Lamoureux & Dickinson Consulting Engineers, Inc. which have been stamped "approved" by the Wastewater Management Division. 3. The project shall not deviate from the approved plans in a manner, which would change, or affect the exterior water supply or wastewater disposal, building location or the approved use of the building without prior review and written approval from the Wastewater Management Division. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within thirty (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. All conditions set forth in Subdivision Permits #EC-4-1183-1 and #EC-4-1183-2and Water Supply and Wastewater Disposal Permit #WW-4-0886 shall remain in effect except as modified or amended herein for Lot 25/26. Note, Lot 27 shall be subject to Wastewater System and Potable Water Supply Permit #WW-4-1 000- 1. Wastewater System and Potable Water Supply Permit WW-4-0886-1 K.P. Smith, Inc. Page 2 6. The Wastewater Management Division now reviews the water and wastewater disposal systems under 10 V.S.A., Chapter 64 — Potable Water Supply and Wastewater System Permit. 7. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations. Dated at Essex Junction, Vermont on June 6, 2003. Jeffrey Wennberg, Commissioner Department of Environmental Conservation By `) 1 4Ve - Ernest Christianson Regional Engineer C For the Record South Burlington Planning Commission & Select Board Lamoureux & Dickinson Consulting Engineers, Inc. Act 250 District Environmental Commission l CITY OFF SOUTH BURLINGTON DEPARTMENT OF PLANNIliG & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 27, 2003 Doug Henson Lamoureux & Dickinson 14 Morse Drive Essex Jct., Vermont 05452 Re: 49 Commerce Avenue Dear Mr. Henson: 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 1, 2005 at 7:50 p.m. at the City Hall Conference Doom, 575 Dorset Street. Sincerely, , Raym1n J.5elair Administrative Officer Encl. AGENCY OF NATI,r . RESOURCES (ANR) AND ENVIRONM( AL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE APPLICATION REVIEW RESPONSE DATE ff� P NDI G APPLICATION # — DISTRICT 4, , or 9 TOWN �tficti G��i � � . PIN # — OWNER OF PROJECT SITE: NAME: , 1 . ADDRESS: •-f TELEPHONE: Project Name: APPLICANT OR REPRESENTATIVE: NAME: _ J•cw�`� ADDRESS: t- r t� + 0 d- ©'5L(9S TELEPHONE: LF `•�� g� 3asad on a written or oral ranupst and/or information nrnvided by hal A&fAA -eaLL F b« L1v QV\ rPeomad nn U-/C- C I a project was reviewed on a tract/tracts of land of acres, located on J V.) —�'F . The project is generally described as: A14- J Prior Permits From This Office: 4 Co(51t(3 f2-G ' "l ` CK"3 PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION [� I hereby request a jurisdictional opinion from the District Coordinator or Assistant District Coordinator regarding the jurisdiction of 10 V.S.A. Chapter 151 (Act 250) over the project described above. Jeff McMahon Permit Specialist 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LANDOWNER/AGENT, OR OTHER PERSON. ANY NOTIFIED PARTYOR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE VIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal project?� as the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: YES NO; Copies sent to Statutory Parties: YES k—NO BASIS FOR DECISIO SIGNATURE: DATE: ADDRESS: Environmental Commissions Districts #4, 6 & 9 r in Telepho e: 8 2 9-5614 111 West Street, Essex Junction, VT 05452 r 2WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED YES NO Wastewater System & Potable Water Supply Permit Notice of Permit Requirements EPR 1-403 _Floor Drains to a UIC well REGIONAL ENGINEER ASSIGNED: Ernest Christianson (879-5675), Jessanne Wyman (879-5673), William Zabiloski (879-5672) Dolores LaRiviere (879-2341) SIGNATURE: DATE: ADDRESS: Agency of Natural Resources EnvironmentayAsostance Division, Permit Specialist, 802 879-5676 Dept. of Environmental Conservation Wastewater Mandgement Division, Telephone: 802 879-5656 111 West Street, Essex Junction, VT 05452 OVEFU»»»»> THIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHER PERMITS WHICH YOU MAY 1 NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact Discharge Permit; pretreatment permits; Industrial, municipal Indirect Discharge Permits Residuals Management 4. AIR POLLUTION CONTROL DIVISION, ANR (888 520.4879) Contact - - Construction/modification of source _ Open Burning —Wood Chip Burners (>90 HP) Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines (>450 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) (800 823-65M in VT) Contact: New Hydrants >500' of waterline construction Community Water System (CWS) Bottled Water Transient Non -Community water system (TNC) Capacity Review for Non -transient non -community water systems (NTNC) S. WATER QUALITY DIVISION, ANR Contact: River Management (241-3770) Stormwater Permits (state and federal ) Hotline (241-4320) Shoreland encroachment (241-3777) Aquatic nuisance control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate (241-3770) Stream Alteration (751-0129/879-5631/786-5906) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact Hazardous Waste Handler site ID (241-3888) Underground Storage Tanks (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Asbestos Disposal (241-3444) Disposal of inert waste, untreated wood b stumps (241-3444) Composting Facilities (241-3444) Waste oil burning (241-3888) Used septic system components/stone 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensionslupgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) Contact: SMALL BUSINESS AND MUNICIPAL COMPLIANCE ASSISTANCE Contact Judy Mirro or John Daly 802 241-3745 RECYCLING HOTLINE (1-800-932-7100) Contact: 10. DEPARTMENT OFFISH 3 WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened 3 Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office 879-2300 Contact: Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 In VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification (Phil Cornock) Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (1-800 649-2642) Residential care homes (241-2345) (Dept. of Aging & Disabilities Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2053) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2710) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE (800 675-9873) Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C- Pesticides (828-2436) 16. VERMONT ENERGY CODE ASSISTANCE CENTER TOLL FREE 888-373-2255 VT Building Energy Standards 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, 8 Carmichael St.,Suite 205, Essex Junction, VT 05452 (802) 872-2893 24. OTHER: r^ { Sections *3424 above have been completed by Permit Specialist Jeff McMahon Date: `7 ` �J I may be reached at 879-5676 opies have been mailed to: REVISED 3113103 A LAMOUREUX & DICKINSOt( 14 Morse Drive Consulting Engineers, Inc. (802) 878-4450 Essex Junction, Vermont 05452 Fax (802) 878-3135 April 17, 2003 Raymond J. Belair Administrative Officer Department of Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Lots 25/26 - Ethan Allen Farms Industrial Subdivision 49 Commerce Avenue, South Burlington Dear Ray: We are writing on behalf of Ken Smith in regard to the amendment to the Site Plan of Lot 25/26 of the Ethan Allen Farms Industrial Subdivision. This lot is located on the westerly side of Commerce Avenue in the City of South Burlington. The purpose of this amendment is to reduce the size of the outside storage area and to remove the berm between the storage area and the wetland to the rear of the lot so that all work on the site will fall outside of the wetland buffer zone. We are requesting your review of the enclosed application, and placement on the Development Review Board agenda for approval of the Site Plan Amendment. We have enclosed the following for your review: Five full size copies and one reduced copy of the Site Plan; Site Plan Review application for Lot 25/26; Please call our office with any questions. Sincerely, +Du2 Henson, L.S., E.I. cc: Ken Smith PA2000\00- I 00\site amend cover letter wpd Civil • Environmental • Transportation • Planning • Landscape Architecture 9 Land Surveying CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN AMENDMENT 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 Planning Commission. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) James Barron, 8 Aspen Lane, Williston, VT 864-7785 2) APPLICANT (Name, mailing address, phone and fax #) Kenneth P. Smith, 81 Ethan Allen Drive, South Burlington, VT 865-3606 3) CONTACT PERSON (Name, mailing address, phone and fax #) Ken Smith, Doug Henson, Lamoureux and Dickinson, 14 Morse Drive, Essex Junction, 05452 4) PROJECT STREET ADDRESS: 49 Commerce Avenue, South Burlington 5) TAX MAP NUMBER (can be obtained at Assessor's Office) 0435-00049 6) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) The parcel contains existing commercial warehousing, with associated administrative offices and parkin b) Proposed Uses (include description.and size of each new use and existing uses to remain) The proposed amendment to the existing Site plan will remove the proposed outdoor storagearea from the wetland buffer by reducing the size of the storage area, and eliminate the berm between the outdoor storage area and the wetland. c) Total building square footage (proposed buildings and existing buildings to remain) The building on #49 is 25,225 sf and will remain that size. d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) The building is one story(20') e) Number of residential units (if applicable, new units and existing units to remain) No residential units exist or are proposed. f) Number of employees (existing and proposed) No new employees are proposed with this application. g) Other (list any other information pertinent to this application not specifically requested above) 7) LOT COVERAGE * see the site plan for a table outlining the existing and proposed coverages. a) Building: Existing % Proposed % b) Overall (building, parking, outside storage, etc.) Existing % Proposed % c) Front Yard (along each street) Existing % Proposed % 8) COST ESTIMATES a) Building: $ N/A b) Landscaping: $ c) Other site improvements (please list with cost) Parking lot ( $ 15,000 ) 9) ESTIMATED TRAFFIC a) Average daily traffic (in and out) N/A - no change in use or tenancy b) A.M. Peak Hours (in and out) c) P.M. Peak Hours (in and out) 10) PEAK HOURS OF OPERATION: N/A 11) PEAK DAYS OF OPERATION: 12) ESTIMATED PROJECT COMPLETION DATE: Summer, 2003 13) SITE PLAN FEE $35 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). I Exhibit A). I hereby certify that all the information is accurate to the best of my knowj�!dg SIGNA' as part of this application has been submitted and OF SIGNATURE OF CO -APPLICANT Do not write below this line DATE OF SUBMISSION: �✓ �J REVIEW AUTHORITY: ❑ n Xgi Pi ; `eC j� I have reviewed this site plan application and find it to be: o ❑ Corn City Planner or ignee EXHIBIT A ❑ Incomplete Date SITE PLAN The following information must be shown on the site plan. Please submit five (5) copies and one reduced copy (I I " 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 Planning Commission. • Lot drawn to scale (20 feet scale if possible) • Survey data (distance and acreage) • Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the zoning regulations • Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping • Existing and proposed curb cuts, pavement, walkways • Zoning boundaries • Number and location of parking spaces (as required under Section 26.25 of zoning regulations) • Number and location of handicapped spaces (as required under Section 26.253(a) of the zoning regulations) • Location of septic tanks (if applicable) • Location of easements • Lot coverage information; Building footprint, total lot, and front yard • North arrow • Name of person or firm preparing site plan and date • Exterior lighting details (must be down casting and shielded) • Dumpster locations (dumpsters must be screened) • Bicycle rack as required under Section 26.253(b) of the zoning regulations • If Restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats. APPLICATION FEE ❑ New Application $ 60.00* [19' Amendment $ 35.00* *Includes $10.00 recording fee P\2000\00-100\Stteplansmithapplrev wpd State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voioe 1-800-253-0195 Voioe>TDD I AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DIVISION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 802-241-3770 Fax #:802-241-3287 June 12, 2002 REGISTERED MAIL: RETURN RECEIPT REQUESTED Mr. James Barron (property owner) 26 Perkins Drive Essex Junction, Vermont 05452 Mr. Ken Smith (prospective property buyer) KP Smith General Contractors 81 Ethan Allen Drive South Burlington, Vermont 05403 Subject: Ethan Allen Industrial Park, Lot #27, Project #2002-162 Vermont Wetland Rules Violation/ CUD Application Dear Mr. Barron and Mr. Smith: We have received and reviewed Mr. Smith's letter dated May 20, 2002 regarding the above captioned project. First I will address the issue of the wetlands violation that was brought to my attention in September, 2000. In the letter Mr. Smith stated that the materials were removed from the wetland and its 50-buffer zone. I was reviewing another project in this development yesterday and had the chance to drive by the site. While I saw that some of the material had been removed, there were several soil stockpiles in the buffer zone. These materials must be removed as soon as possible. We have also been expecting a wetland buffer restoration plan since September, 2000. The restoration plan should include the planting of a naturally vegetated wetland buffer. If we do not receive such a plan within 10 days of receipt of this letter, we will refer the violation to our Enforcement Division. While it is my understanding that Mr. Smith put the materials in the buffer zone, Mr. Barron, the property owner, will ultimately be responsible for restoring the affected area. Regional Offices - Barre/Essex Jct/Pittsford, Rutland Springfield/St Johnsbury We also evaluated Mr. Smith's points in his letter in support of the Conditional Use Determination application. However, these points do not address the concerns that were stated in our previous letters dated May 20, 2002 and September 26, 2000. Please let us know if you would like to withdraw your application, or if you would like us to draft a denial at this time. A denial could be appealed to the Water Resources Board. We hope you are willing to work with us to voluntarily correct the violation. Please let me know if you need any technical guidance regarding the preparation of the restoration plan. Sincerely, G2�ytj/ . April J. Moulaert, PWS District Wetlands Ecologist cc: Brian Tremback Sean McVeigh, Enforcement Division L,City of South Burlington Planning and Zoning O O C'll CU v r` O O c-1 m U O N 3 C!J I O O 1D O O O CD cv C_J 3 O O Q U I'ju ` .... A Vill 1 LSIa r MEO( TYPE E SEE SITE PLAN am COURSE fOR p1ADID SLOPE AT 21 1%r/R TO EXISTING OROIRo TYPICAL 41 or / T0lOL AND I / CRAB .PEOF wWMENT / \ � GRACE !DUAL / PARENG LOT DPA BTA NTS / \ LOT RiV / / Dam RN 6 \Lam.Div Ul M \ / LANDS TO BE RETAINED BY N. JAMES BARRON ,dr�N LOT 27 40.3117 .q m / 0"93 Dcr i � / 1R0110E MEN GRASS MAINTAIN SEALE — DRAW V LOPETH M l0 ��;q 1 DRAW M .)V a a006 R./{'[ ON PUN WETLMC� _ .� _ J' "- 1�---- �DmING C101lD _ _ COIIM'l1ElCf OM CUT OF SOL. PLANT I VELS AND COVER GROUND I M A LAYDT OF TYPE I STONE SIDH VI" OF HHRM (TYPICALI PROP05ED PAVING \ \/ rARxINv AREA \ / GRAPHIC SCALE cam) I r.N - 90 N. THE CONTRACTOR SHALL NOTIFY 'DIGSAFE' AT 1-EEE-DIG-SAFE PRIOR TO ANY EXCAVATION. LEGEND PROPOSED FARCEL 150U°DARY - - rK0mKTY LINE - - SIDELINE OF EA5EAENT • IRON rim • IRON rips - - - - - - - - - - - - - EXISTING CONTOUR Mor05ED CONTOUR EDGE OF WETLAND DUFFER \ EDGE OF WETLAND \ Al. A6 A6 WETLAND SILT FENCE NEW FINISH GRADE r C� \ YAr1N[ \ � 7L 5T \ UTt1TY VALLTS STONE PATIO i / / \ 4- MAPLE / rt 04T4 PRPECT PARCEL - 21,1120 SF. (0.30 ACES) 20NEAT - MIXED MDISOEN. AND COMMERCIAL LOT 25-27 PARCEL DATA —A —LM-w I Pw.OEED - EARNCM P41M6lO - SMITH BUILDING COIERAAE 301E MAXIMUM 11.4110 3F (211.5 X) 23114 Y (11E30 TOTAL LOT OOYERAOE 70111 MAMrMM 23AM W (5E.11Q 91177M W (EL5Y) FROlT rAND CO,ENAM a= MANYIIM NO CHANCE NO CNAIDE OPEN SPACE N / A I6.44011 S (40.E1) 4ZI17 IF (31.W TOTAL AREA 40,317 SIF 11T S 1 SF a 200H w (CLElW C1 CNAMdAN) 10 T1E EMT OF MT R A)UJTW, 1HI7 WED EfOM1AIM ACOUOIED MT 6 ON NMEM PONMOIT DEEDS AND/OR OTIEA y\\ - OFFICIAL FEOCOS AND MANGOES EMCENT ON THE PFArENTY, AND CONFORMS SI THE IEOUmENTS OF 27 VSA Now DATED THIS _ DAY OF 2DM Ls OvM/APPIICAw ION SIMM PLr SIMM UDdVL CONIRAC D E *MMI ALLEN ORE SOUTH KNUAOGTCL VT 05403 JAWS BAAfCI I ASPEN GREW LL4S10N, VT 0E4O5 0 PRELIMINARY FINAL k.;p RECORD DRAWING K.P. SMITH _ W-w 010mCi ATr M& 90VM BUREB PON4 :;;'�;" BOUNDARY LINE oADJUSTMENTT Lll00i3m a: DIG@180N�`; to ZVT ��hnHHn4` Farr Ju, VT 05452 (502) 973575-4/OD 1 X 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 26, 2001 Kenneth Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Final Subdivision- #SD-01-56 & #SD-01-61& Site Plan #SP-01-73 & #SP-01-74, Boaundary adjustment Dear Mr. Smith: Please find enclosed the Findings of Fact and Decision of the Development Review Board approval on November 6, 2001, in regards to the above referenced project. Please note the conditions of approval including the following requests: • that the final plat plan be recorded in the land records within 90 days or this approval is null and void (2/18/02). • the applicant obtain a zoning permit within six (6) months, or this approval is null and void (5/20/02). If you have any questions, please give me a call. Sincerely, _ Stephanie A. Smith Associate Planner 11/6/01 MOTION OF APPROVAL K. P. SMITH —INCREASE IN LOT SIZE —SITE PLAN REVIEW, 49 COMMERCE AVENUE I move the South Burlington Development Review Board approve site plan application # SP-01-73. This project consists of amending a previously approved site plan for a 12,500 sq. ft warehouse. The amendment is to increase the size of the lot at 49 Commerce Avenue as depicted on a site plan entitled "K. P. Smith Lots 25-27 Commerce Avenue, South Burlington, VT Site Plan and Boundary Line Adjustment Plat", prepared by Lamoureux & Dickinson Consulting Engineers Inc. dated 6/08/01 last revised 10/31/01, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The plan shall be revised to show the changes below and shall require approval of the Director of Planning and Zoning (hereinafter Director). Three (3) copies of the approved revised plan shall be submitted to the Director prior to permit issuance. a) The plan shall be revised to show the 65 spaces including three (3) handicapped spaces and a bike rack as shown in the last approved plan. b) The plan shall be revised to show all existing landscaping. c C The plan shall be revised to show the screened dumpster storage area. d 1�� l '" �c ?2,,k.cG� ,�� %� �. u,..( �p �i �� �% .�ra�r. � r !�s�'✓-,� �'�, 3) Prior to issuance of a zoning permit, the applicant shall post a landscape bond in an amount of $4860. The bond shall remain in effect for a three (3) year period to assure that the landscaping takes root and has a good chance of surviving. 4) The lot shall be striped as shown on the approved revised plan before issuance of a Certificate of Occupancy/Compliance for the outside storage area. 5) The Board approves the encroachment in to the C.O. District/wetland buffer. It is the Board's opinion that the encroachment will not significantly adversely affect the attributes in Section 3.503 (a-e) of the zoning regulations. 6) Any change to the site plan shall require approval by the South Burlington Development Review Board. 7) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the new outside storage area. 8) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. Al 14 Morse Drive Essex junction, Vermont 05452 Mr. Ray Belair Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 L, ..1 OUREUX & DICKINSON - Consulting Engineers, Inc. October 4, 1999 RE: Lot 27, Ethan Allen Farms Industrial Subdivision Commerce Avenue, South Burlington, VT Dear Ray: (802) 878-4450 Fax (802) 878-3135 The purpose of this letter is to discuss the landscaped berm proposed for Lot 27 of the Ethan Allen Farms Industrial Subdivision. The berm, as well as a portion of the proposed parking lot, is located within a 50-foot Class 2 wetland buffer. The purpose of the berm is to provide a visual and auditory buffer between the parking area and the adjacent forested wetland, to provide a physical barrier that will prevent encroachment into the buffer or the wetland, and keep untreated stormwater runoff from entering the wetland.. Currently the buffer zone is unvegetated or vegetated by low herbaceous plants. This is the typical condition along the southern edge of the field that includes the lots along Commerce Avenue. We feel that the landscaped berm will provide a buffer superior to what occurs there now or would be likely to develop in the future. In this way, wetland functions and values will receive a higher level of protection. If you have any questions or need additional information, please do not hesitate to call. Sincerely, T Brian Tremback Certified Professional Soil Scientist Wetlands Scientist c: Ken Smith Q',2000',00-100',00100-Lot 27-Wetland buffer Belair bjt cvpd Civil • Environmental • Transportation • Planning • Landscape Architecture • Hydrogeology • Land Surveying _I,l�i-4lTrta-i 1 C6, iC I O--ZX_ - - - �� Y2,5 } CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 31, 2001 Mr. Kenneth Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Subdivision Plat — SD-01-56, 45-49 Commerce Avenue Dear Mr. Smith: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments. Please be sure that someone is at the meeting on Tuesday, November 6, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincere,,' Raymond J. Belair Administrative Officer Encl./td Permit Number SD- 0 - CITY OF SOUTH BURLINGTON APPLICATION FOR PRELIMINARY SUBDIVISION PLAT 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 plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) James A. Barron 8 Aspen Lane Williston VT (802) 864-7785 2) LOCATION OF LAST RECORDED DEED (Book and page #) Vol. 387, Pg. 694 3) APPLICANT (Name, mailing address, phone and fax #) Kenneth P. Smith, 81 Ethan Allen Drive, South Burlington, VT 05403 (802)865-3606 4) CONTACT PERSON (Name, mailing address, phone and fax #) Ken Smith 5) PROJECT STREET ADDRESS: 45 Commerce Avenue, South Burlington, VT 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0435-00045 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) The parcel contains existing commercial warehousing, with associated administrative offices and parking areas. b) Proposed Uses on property (include description and size of each new use and existing uses to remain) The proposed amendment to the existing lots will increase the available parking and storage areas for #49, allow for drainage from the rear of the property into the existing closed storm drain system on Commerce Street and construct a new berm at the south edge of the proposed parking lot expansion to protect the wetland south of the property, and will decrease the open space on Lot #45. c) Total building square footage on property (proposed buildings and existing buildings to remain) The building on #45 is 11,480 sf and will remain that size. d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) The building is one story (20 ft.) E e) Number of residential units (if applicable, new units and existing units to remain) No residential units exist or are proposed. f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees): No new employees are proposed with this application g) Other (list any other information pertinent to this application not specifically requested above, please not if Overlay Districts are applicable): 8) LOT COVERAGE - as shown on the plan a) Building: Existing % Proposed b) Overall (building, parking, outside storage, etc.) Existing % Proposed c) Front yard (along each street) Existing 9) COST ESTIMATES a) Building (including interior renovations): $N/A b) Landscaping: $ c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC % Proposed % a) Average daily traffic for entire property (in and out): N/A - no change in use or tenancy. 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: N/A 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: Spring 2002 1) 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy ( I I" x I7") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat 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. SIGNATURE OF APPLICANT n SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this final plat application and find it to be: Complete Incomplete Director of Planning & Zoning or Designee Date 14 Morse Drive Essex )unction, Vermont 05452 1AMOUREUX & DICKINSON Consulting Engineers, Inc. October 19, 2001 Kenneth P. Smith 81 Ethan Allen Drive South Burlington, VT 05403 RE: 45 and 49 Commerce Avenue, South Burlington Dear Ken, (802) 878-4450 Fax (802) 878-3135 Enclosed please find the application for Preliminary Subdivision Plat Review for the City of South Burlington. Please have Jim sign it as the owner, and you sign it as the applicant, then deliver it with a check for $85 to Ray Belaire. We will be on the agenda for the November 6 hearing. Please call our office with any questions. Sincerely, � tg���—DoHenson, L.S., E.I. Civil • Environmental • Transportation 9 Planning • Landscape Architecture • Hydrogeology • Land Surveying 575 Dorset Street Phone: 846-4106 Fax: 846-4101 FaX To: r`. From: Stephanie A. Smith Fax: 865.4826 ®ate: October 1-9, 2001 Phone: 86&36W M LK4 S;b Pages: 3 Re: Plat review of 45 and 49 Commerce Ave. CC: Re: Final Subdivision Plat and Site Plan Amendment Dear Smith: Please find attached the preliminary comments on the above referenced application. The project is currently scheduled to be considered by the Development Review Board on November 6, 2001. If you wish to respond to these comments or submit additional information, please do so no later than October 29, 2001. Please be sure that someone is at this meeting to represent your application. If you have any questions, please feel free to give me a call. Stephanie A. Smith Associate Planner City of South Burlington, Planning & Zoning 1 To: Applicants From: Stephanie Smith, City of South Burlington RE: Project Staff Notes Date: October 5, 2001 SP-01-73 & SD-01-56 Site Plan & Subdivision Flat — 49 Commerce Avenue Previous Action: Site plan approval on June 9, 1998. Overview: Site plan and final subdivision plat applications, #SP-01-73 and #SD-01-56, of Kenneth Smith are to amend a previously approved site plan to increase the available parking and storage areas for 49 Commerce Avenue. This amendment is also to allow for drainage from the rear of the property into the existing closed storm drain system on Commerce Avenue and construct a new berm at the south edge of the proposed parking lot expansion to protect wetland south of property. Issues: ® The applicant should provide "as built" site plan that includes existing buildings, landscaping, parking, bike rack, screened dumpsters, etc.... It is also required that a licensed surveyor stamped the site plan. Before Development Review Board reviews an amended site plan, the Board must decide if the amended plan produces an impact on the site. If so they must find that you justify your amendments by one of the following criteria • Changes in factual or regulatory circumstances beyond the control of a permittee • Changes in the construction or operation of the permittee's project, not reasonably foreseeable at the time the permit was issued • Or there are changes in technology Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the site plan and final plat applications with the above exceptions noted. Submit additional information no later than October 29, 2001. Recommendation: Staff recommends that this application be authorized to proceed for site plan and final plat consideration at the November 6, 2001 meeting. To: Applicants From: Stephanie Smith, City of South Burlington RE: Project Staff Notes Date: October 5, 2001 SP-01-74, SD-01-56, and SD-01-61 Site Flan Amendment and Subdivision Flat- 45 Commerce Avenue Previous Action: Sketch plan approval on August 15, 2000. Overview: Site plan amendment, #SP-01-74, SD-01-56, and SD-01-61 of James Barron is to amend a previously approved site plan to reduce the size of the lot at 45 Commerce Avenue. Issues. • The applicant should provide "as built" site plan that includes existing buildings, landscaping, parking, etc.... ® 1t is also required that a survey plat be submitted stamped by a licensed surveyor. Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the site plan application with the above exceptions noted. Submit additional information no later than October 29, 2001. Recommendation: Staff recommends that this application be authorized to proceed for site plan and final plat consideration at the November 6, 2001 meeting. CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN AMENDMENT REVIEW -# V.- 61- �y 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 Planning Commission. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) James A. Barron, 8 Aspen Ln., Williston, VT 864-7785 2) APPLICANT (Name, mailing address, phone and fax #) Kenneth P. Smith, 81 Ethan Allen Drive, South Burlington, VT 865-3606 3) CONTACT PERSON (Name, mailing address, phone and fax #) Ken Smith 4) PROJECT STREET ADDRESS: 45 Commerce Avenue, South Burlington 5) TAX MAP NUMBER (can be obtained at Assessor's Office) 0435-00045 6) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) The parcel contains existing commercial warehousing, with associated administrative offices and parking areas. b) Proposed Uses (include description and size of each new use and existing uses to remain) The proposed amendment to the existing Site plan will decrease the open space on #45. c) Total building square footage (proposed buildings and existing buildings to remain) The building is 11,480 sf and will remain that size. d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 20' e) Number of residential units (if applicable, new units and existing units to remain) No residential units exist or are proposed. f) Number of employees (existing and proposed) No new employees are proposed with this application g) Other (list any other information pertinent to this application not specifically requested above) 7) LOT COVERAGE * see the site plan for a table outlining the existing and proposed coverages. a) Building: Existing % Proposed % b) Overall (building, parking, outside storage, etc.) Existing % Proposed % c) Front Yard (along each street) Existing % Proposed % 8) COST ESTIMATES a) Building: $ N/A b) Landscaping: $ c) Other site improvements (please list with cost) 9) ESTIMATED TRAFFIC a) Average daily traffic (in and out) N/A - no change in use or tenancy b) A.M. Peak Hours (in and out) c) P.M. Peak Hours (in and out) 10) PEAK HOURS OF OPERATION: N/A 11) PEAK DAYS OF OPERATION: 12) ESTIMATED PROJECT COMPLETION DATE: Spring, 2002 13) 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 J 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. 01, OF APPLICANT SIGNATURE OF CO -APPLICANT Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Planning Commission I have reviewed this site plan application and find it to be: ❑ Complete ❑ City Planner ❑ Incomplete City Planner or Designee Date Athletic Field (See also Park and Basketball Court) Ten spaces per field (Orange Co., Calif.) Twenty spaces for every diamond or athletic field, or one space for every four seats, whichever is greater. One seat is equal to two feet of bench length. (St Louis Co., Mo.) At least one parking space or each five seats of design capacity (Hopktus, Minn.) One space per 5,000 sq.ft. of land area (Lake Forest, 111.) Automatic Teller Machine Two spaces per machine (1-t►llti7orough Co., Fla.) Continent. This requirement is offered with so►ne Ilcsita- tiorr. It wa.; the onli/ regulation found cxchrsivelrt for fill ATM, but it appears to be it hit excessive, eshu'ciall11 If it were to be applied in an urban settinx. Sec the standard Under Batik front Lo/g Bench, California, for an a1Mr►lilt ivc Auction House One space per two seats or two per 100 sq.ft. of gross leasable area, whichever is greater (Citrus Co., Fla.) One space for each four patron seats (Northport, Alt.) Auditorium One space per each six seats or nine linear feet of fixed benches, or one space for each 45 sq.ft. of floor area without fixed seats (Bo_emmn, Mont.) One space per four seats (Fairbanks, Alaska) One space for every four seats or one space for every 50 sq.ft. of gross floor area when there is no fixed seating (St. Louis Co., Mo.) One space per 3.3 seats (Lone Bench, Calif.) One space for each three seats, plus one for each two employees (St. Clair Shores, Mich.) One space per 75 sq.ft. of assembly area or one per five fixed seats, whichever is greater (Horrolul►►, Hawaii) One space for each 30 feet of gross floor area of auditorium or assembly space (Columbus, Ohio) Auto Body Shop (See also Oil Change Shop) One space per each service bay and mechanic (Orange Co., Calif.) Auto Parts Store One space for each 400 sq.ft. of leasable area, plus one space for each employee on the maximum work shift (Savannah, Ga.) 3.3 spaces for every 1,000 sq.ft. of gross floor area (St. Louis Co., Mo.) Auto Rental One space per 400 sq.ft. of gross floor area (Orange Co., Calif.) Automobile Repair (See also Gas Station) One space for each service bay (Durham, N.C.) One space per each service bay and mechanic (Ornnge Co., Cah1.) T%v o spaces per service bay,' service bay is not a parking, space (Coo ntbus, Oltio) ' One space for every employee on the maximum shift, three spaces for every service bay, and one space for every vehicle customarily used in operation of the use (St Loui,, Co., Mo.) Four spaces per repair stall (Ot►tnha, Nebr.) One space for each 400 sq.ft. of leasable shop or garage area, plus one space for each employee on the maximum work shift (Savannah, Ga.) Four spaces per 1,000 sq.ft. of floor area, with repair space for motor vehicles not counted as parking space (Bo=cnunr, Mont.) One space per 200 sq.ft. of sales area, plus two spaces per service bay, plus one space per employee (Lccsburg, Va.) One space per 150 sq.ft. of gross floor area (Lexnrston Co., S.C.) Automobile Sales Two spaces per each employee (Albany, Ore.) One space for each two employees, plus two spaces for each 300 sq.ft. of gross floor area (Aiken, S.C.) One space for each 1.5 employees, plus one space for each 150 sq.ft. of repair or maintenance space, plus one space for each 600 sq.ft. of gross floor area of showroom, indicating the location of any and all customer parking, vehicular storage, and outdoor • display areas, if any (Aurora, Colo.) One space per 1,000 sq.ft. of gross floor area (Lolls Beach, Calif.) One space per 600 sq.ft. of floor space (Bo=ernan, Mont.) One space for each 600 sq.ft. of enclosed floor space, plus one space for each 2,000 sq.ft. of outside display area (Northport, Ala.) One space per 500 sq.ft. of enclosed sales per rental floor area, plus one space per 2,500 sq.ft. of open sales per rental display area, plus two spaces per service bay, plus one space per employee, but never fewer than five spaces (Fairfax Co., Va.) One space for each 400 sq.ft. of leasable area of enclosed sales, shop, or garage area, plus one space for each employee on the maximum work shift (Savannah, Ga.) 3.3 spaces for every 1,000 sq.ft. of gross floor area of sales and showroom area, three spaces for every service bay in repair garage areas, and one space for every vehicle customarily used in the operation of this use or stored on the premises. This shall not include space provided for vehicles for sale or lease. (St. Lords Co., Mo.) One space for every 200 sq.ft. of usable floor area of sales room and one for each auto service stall in the service room (St. Paul, Minn.) Six spaces per 1,000 sq.ft. of showroom gross floor area, plus one for each employee and one additional City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 August 12, 1998 Kenneth Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Landscaping Modifications, 49 Commerce Avenue Dear Mr. Smith: Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on June 9, 1998 (effective 816198). Please note the conditions of approval. If you have any questions, please give me a call. City Planner JW/mcp I Encl ZONING (802)658-7958 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 July 22, 1998 Kenneth Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Landscaping Modifications, 49 Commerce Avenue Dear Mr. Smith: I ZONING (802)658-7958 Enclosed is a copy of the June 9, 1998 Planning Commission meeting minutes. Please note the condition of approval. If you have any questions, please give me a call. Sin erely, Jo Weith, City Planner JW/mcp 1 Encl PLANNING COMMISSION 9 JUNE 1998 page 9 Prior to issuance of a zoning permit, the a licant shall post a $270 landscape bond. This bond shall remain in effect for three years to assure that the landscaping has taken root and has a good chance of surviving. 5. The Planning Commission_ approves a sewer allocation of 24 gpd (includes 20% reduction allowed by State). The applicant shall be required to pay the per gallon fee prior to permit issuance. 6. The applicant shall replant the 13 Juniper shrubs that were planted in the front yard as part of the last approval but which have since died. The shrubs shall be planted closer to Wil- liston Road. 7. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 8. The a22licant _shall obtain a Certificate of Occupancy/Compli- ance from the Administrative Officer prior to use of the expanded areas. 9. Any change to the site plan shall require approval by the South Burlington Planning Commission. Mr. Dinklage seconded. Motion passed unanimouslv. 9. Site Plan Application of Ken Smith to amend a previously approved plan for a 35,000 sq. ft. building for a multiple of commercial and industrial uses. The amendment consists of reducing the amount of landscaping required, 49 Commerce Avenue: Ms. Keeler said they are asking for landscaping credit for other features being provided. These include a patio and patio retaining wall ($3350 credit requested), the dry creek for water runoff when the sprinkler system is flushed ($1325 credit requested), and a natural walkway from east to west sides of the building. This would be asphalt with crushed gravel base ($2550 credit requested). Mr. Burgess felt the asphalt sidewalk wouldn't qualify for a credit in his mind. The patio was OK, and the dry creek was questionable. Messrs. Teeson and Dinklage agreed. Mr. Weith suggested increasing the size of landscaping, particularly the maples. After a brief discussion, members Agreed on credit for the patio and wall, not for the dry creek or path. PLANNING COMMISSION 9 JUNE 1998 page 10 Mr. O'Rourke moved the Planning_ Commission approve the site plan application of Ken Smith to amend a previously approved plan for a 35,000 sq. _ft. building for a multiple of commercial and industrial uses The amendment consists of reducing_the amount of landscaping required, 49 Commerce Avenue as_deaicted on__plan entitled "Kenneth P. Smith (owner) Lot 25/26_49 Commerce _Ave So Burlington, VT," prepared by K.P. Smith General Contractors, dated 6/30/97 with the following stipulations: 1. Allrevious approvals and stipulations which are not super- seded by this approval shall remain in effect. 2. Pursuant_ to Section 26.105(a) of the zoning regulations, the Planni g_Commission _grants a landscaping credit for the patio and rock wall. The remaining shortfall in required landscaping shall be met__b_y_increasing sizes of proposed landscaping`_ The plan shall be revised accordingly. 3. Any change to the site plan shall_reguireapproval by the South Burlington Planning Commission. M Ms. Barone. :seconded. Mot '_on�assed 5-1 with Mr. O'Rourke opposing. -Mot'-on ----- 10. Site plan application of Jolley Associates to amend a previously approw-e d plan to construct a 262 sq. ft. addition to a convenience store with gas sales. The amendment consists of altering the landscaping in the front yard, 977 Shelburne Rd: There was; no one present to present the plan. Mr. Dinklage moved to continue the application until 14 July. Ms. Barone seconded. Motion passed unanimously. 11. Continued site plan application of Rexbo, Inc., to construct an 840 sq. ft. canopy and add one fueling position on a );-operty developed with a 1299 sq. ft. service station, 794 Shelburne Rd: Mr. Bean said they will close the 2 curb cuts on Lindenwood Drive. They have received Zoning Board aproval for the front yard setback variance. The two closed curb cuts will be grassed in. Mr. Beaudin suggested a grassy area between the two cure cuts on Shelburne Rd. Mr. Bean suggested an equal amount of blacktop near the dumpster as a trade. Mr. Weith suggested some green space around the signs ,and r�.,- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 21, 1998 Kenneth P. Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Landscaping Modification, 49 Commerce Avenue Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, May 29, 1998. If you have any questions, please give me a call. Sincer , a niond J. Belair, v Zoning and Planning Assistant RJB/mcp Encls M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: June 9, 1998 Agenda Items Date: May 21,1998 S.B. COLLINS - MOBIL SERVICE STATION - SHELBURNE ROAD The concrete curbs at entrances and island do not cross the sidewalk as plan shows. ALAN PALMER & S.M.S. REALTY CORPORATION - LOT SUBDIVISION - WILLISTON ROAD Plat plan of a 3 lot subdivision dated September, 1997 prepared by Vermont Land Surveyor is acceptable. ROBERTS PROPERTY BUILDING EXPANSION - WILLISTON ROAD Method of providing water and sewer services should be shown on the plan. DORSET SQUARE BLUE MALL - DORSET STREET The Dorset Street r.o.w. should correctly show what was taken from the street construction a few years ago. The plan shows the sidewalk/bike path on private property. KENNETH P. SMITH - LOT 25 & 26 - COMMERCE AVENUE Site plan dated 6/30/97 with latest revision dated 4/11/98 is acceptable. I oak Alsk 6/9/98 .4 MOTION OF APPROVAL At KEN SMITH I move the South Burlington Planning Commission approve the site plan application of Ken Smith to amend a previously approved site plan for a 35,000 square foot building for a multiple of commercial and industrial uses. The amendment consists of reducing the amount of landscaping required, 49 Commerce Avenue, as depicted on a plan entitled, "Kenneth P Smith (owner) Lot 25/26 49 Commerce Ave So Burlington, VT.," prepared by K.P. Smith General Contractors, dated 6/30/97, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 26.105(a) of the zoning regulations, the Planning Commission grants a landscaping credit -*-ac* 2. Th Planni in sion h cnic a re dscapin f $7225. Theypplicant shall + be qui o plan a 5,000 la requireme orally appro on 6/13/95. The planting S ule whic s this require all be approve y the City Planner. 3. Any change to the site plan shall require approval by the South Burlington Planning Commission. 4 Memorandum - Planning June 9, 1998 agenda items June 5, 1998 Page 6 9) KEN SMITH - LANDSCAPING MODIFICATION - SITE PLAN This project consists of amending a site plan previously approved on 6/13/95 (minutes enclosed) and amended on 10/22/96 and 12/17/96 for a 35,000 square foot building for a multiple of commercial and industrial uses. The amendment consists of reducing the amount of landscaping required. The only issue affected by this application is landscaping. This property located at 49 Commerce Avenue lies within the IC and CO Districts. It is bounded on the east and south by undeveloped property, on the west by a warehouse, and on the north by Commerce Avenue. Landscaping: The minimum landscaping requirement, based on building costs, is $15,000. The site plan approved showed proposed landscaping to meet this request. This landscaping has yet to be planted. The applicant is requesting a credit of $7225 for site improvements other than tree plantings as provided for under Section 26.105(a) of the zoning regulations. The site improvements proposed includes a patio and patio retaining wall, a dry creek for water runoff and a walkway. Other: The site plan should be revised so that planting details A, B and C match the locations indicated on the plan. 10) JOLLEY ASSOCIATES -LANDSCAPING MODIFICATIONS -SITE PLAN This project consists of amending a plan previously approved on 4/12/94 (minutes enclosed) to construct a 262 square foot addition to a convenience store with gas sales. The amendment consists of altering the landscaping in the front yard. The only issue affected by this application is landscaping. Staff discovered that the applicant modified the landscaping in the front by removing four (4) deciduous trees and requested that an amended site plan be submitted. This property located at 977 Shelburne Road lies within the C 1 District. It is bounded on the north by the K-Mart Plaza, on the west and south by Hannaford Plaza, and on the east by Shelburne Road. Landscaping: The 4/12/94 plan showed that there were four (4) existing deciduous trees in the front yard in the green space between the two (2) driveways. These four (4) trees have been removed. 0 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 5, 1998 Kenneth P. Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Landscaping Modification, 49 Commerce Avenue Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski were sent to you at an earlier date. Please be sure someone is present on Tuesday, June 9, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, /,,,C A,,CLA Joe WeitheA&,1 City Planner JW/mcp Encls PLANNING COMMISSION 13 June 1995 page 7 7. Site plan application of Kenneth Smith to construct a 25,000 sq. ft. building for a multiple of commercial and industrial uses for 10 tenants, 49 and 53 Commerce Drive: Mr. Crow stepped down during the hearing of this application due to a conflict of interest: Mr. McClellan said they will combine 2 lots in the Belter sub- division. The lots are undeveloped now. The building will be divided into 10 bays of unequal size. They are asking for an upper limit of water, sewer, etc., as there are no tenants as yet. The building will be heavily screened to protect the wetland. All landscaping will be up front. Mr. McClellan showed the drainage system. There will be a re- tention pond to slow the flow into the wetland. Mr Weith said the Natural Resources Committee felt this OK. A multiple use approval was granted by the Zoning Board. Mr Smith has agreed to pay the fee for it. Mr. Sheahan moved the Planning Commissionapprove the siteplan application of Kenneth Smith to construct a 25 000 s . ft. building for a multiple of commercial and industrial uses for a maximum of 10 tenants, 49 and 53 Commerce Avenue, as de icted on a four a e set of plans, paqe one entitled "Ken Smith property.,_ Lots 25 & 26 South Burlin ton Vermont Site Plan," prepared b Fit zPatrick-Llewell n, Inc dated April, 1995, last revised 5 31 95, with the followinc; stipulations: 1. All previous__2p2rovals and stipulations which are not su er- seded by this ap proval shall remain in effect. 2. This approval is for the following uses which are currentl ermitted in the Industrial and Commercial District: li ht manu- facturin warehouse, stora e and distribution facilities• re- search and testing laboratories; -_wholesale establishments• and equipment service and re air sho s not includin retail. If the zoning re ulations changt_.so__that_any of the above uses are no longer permitted, then those uses which are no longer permitted shall no longer be approved. 3. This _approval is conditioned on a maximum of 65 arkin spaces, 3000 gpd sewer allocation and 30 P.M. peak hour ends. 4. The a licant shall obtain a Koval from the Cit Planner rior to the chan e of any tenant in the building. The Cit PLANNING COMMISSION 13 June 1995 page 8 Planner shall approve the proposed new tenant only if the pro- osed combination of uses fits within the limitations established in stipulation #3 above. In making his determination the City Planner shall utilize the arkin standards contained in A endix A in the Zoninq Requlationst trip generation rates contained in the I.T.E. Trip Generation Manual and sewer flow c 1ujantities used by the Vermont Aqency of Natural Resources. If a use is ro osed which does not fit clearly within an of these standards or if a shared parking concept is proposed in order to meet the arkin limit, the applicant shall obtain_approval from the Planninq Commission for the proposed use. location. 6. Any new exterior lighting shall consist of downcastin shielded fixtures so as not to cast li ht beyond the property line. An Chan e in lightin_q_shall_be.approved by the City Planner prior to installation. 7. The plans shall be revised '_prior..to issuance of a zonin ermit to show the changes -listed below and shall require a2proval by the Cit Planner. Three copies of the approved re- vised site plan shall be submitted to the Cit Planner rior to permit issuance. a. The site planshall be revised to show the limits of the C.O. District located at the southerl ortion of the site. 8. The applicant shall ost a $15 000 landsca e bond prior to issuance of a zonin ermit. The bond shall remain in effect for three years to assure that the landscaping takes root and has a good chance of surviving. 9. The a licant shall a the sidewalk fee of $15. er linear foot of frontage as re uired b the on final subdivision a roval prior to issuance of a zoning permit. 10. The Planning -Commission —approves two driveways for this rop ert ursuant to Section 26.103(a) of the zonin re ulations. It is the Commission's opinion that due to the nature and size of the building and the site la out the two driveway design__ will facilitate traffic circulation. 11. The applicant shall submit a lot mer er a reement for a - roval by the city Attorne This agreement shall be recorded in the land records rior to issuance of a zonin permit. 12. The applicant shall obtain a zoningermit within six months or this approval is null and void. PLANNING COMMISSION 13 June 1995 page 9 13. The applicant shall o ance from the Administrat new tenant space. n a Certificate of Occupancy/Compli- Officer prior to occupancy of anv 14. Any changes to the site lan shall re uire a roval b t South Burlington Planninq Commission. Mr. Teeson seconded. Motion assed unanimously. Mr. Crow rejoined the Commission. 8. Public Hearing: Preliminary Plat application of Germaine M. LeClair for subdivision of 43,579 sq. ft. of land with ,an existing single family home into 3 lots of 24,569 sq. ft., 9,506 sq. ft. and 9,504 sq. ft., 185 Patchen Road: Mr. Morin said the property has been surveyed. One lot will front on Patchen Road, one on Arbor Rd. and one will have a 20 ft. right of way going down Arbor Rd. Mr. Austin noted there was an indication of a problem with a structure. Mr. Morin said there is an existing struction that was built in sections. The plan was to take off some of it and reduce it in size to meet the setback, but that would be a major effort. Mr. Weith said the applicant could apply for a variance or jog the boundary line. The applicant hopes to do the sidewalk at the same time the school does theirs so both pieces will line up. Mr. Sheahan moved the Planning plat application of Germaine M. sq. ft, of land with an existin lots of 24,569 sq. ft., 9,506 s Patchen Road, as depicted on a Three Lot Subdivision for Germa Burlington, Vermont," pre ap red May 8, 1995,last revised 6/6/95 mmission approve the preliminary eClair for subdivision of 43,57S sin le -family home into three ft. and 9,504 Ea.--ft. , 185 an entitled "Preliminary Plat e_LeClair #185 Patchen Road, So. Vermont Land Surveyors, dated with -the fo_llowinq stipulations: 1. All.-.previ-o-us.approvals and stipulations which are not su er- seded b this a roval shall remain in effect. 2. The PlanningCommission-approves a total sewer allocation of 900-gpd. The per qallon fee shall be aid rior to issuance of a zonin permit on a per bedroom basis. 3. Le al documents for the easements (e. utilit and access) shall be submitted to the City Attorney forapproval and shall be recorded in the South Burlington Land Records pEior to issuance of a zonin permit for lots #1 and 2. PLANT LIST 1 oc&M sweeoH-VXI'bT. 2 1 3 z- 4 wza ?j 4c!4s ALt xd b ,' 5 lurllpeeu7 s wrlrH�ry-, 6 VIDt12NJF1 T4lictj4M b-�o'r — Q a e► PSEeu� vauEyaT c M.,.,.. - .ate TV 8 i++�� OCL of JTDU' SMaC►�p' 6-4' os..lL`i w�,�� +iui OFF i 8 r v•M V' cc cE rr t c3 coeau� o�e� 6ic�,a!lil�lrt►' IA -30 Mw41 • E at� ur1E x �� Irn'c .ice Yok p EeicOEtas TNurl�rc�411 'RoeY 4 3yx eeu. Fr" wR r �1 6 rc[,�1UCd(, LE cl' Y lip LIE �FE sk'� off I I- DW�EC it1CkL.tYlp. ___ 4• MKjH •y�r.ryaJcc-rrtt p0•�S o. 10 MMRY vgx otNy BEF41 T& pWr%Cr Wrr��Z 49t+4Ei "Wt 44,C4pE Yf6 I Ar !MWL". ■.. .-tom, ; 4r�s�it� 3 SITE PLAN -n� IxA'�E'jO ' �LKE Y'fL'ktt I �i.dy�r I 1 �GltrlrlC� CEL. � CE.�ullrtED W�Tat 79 P-FD Wa��l�"frb`I C a+unT P-�TF�+4 - r�N lc �.ei M�ILdC�lS . (?7KE k-tLG r PRO -t,tTtu-'r.F"Xd �_a * tE+C,�,- �C &7, .-'4'h,a. TWLrL vd&-fb!-Dtj�14,E).Totrc �S wp Q-L + gfmw :jai, ,.u-, V4 -3oJE cap. i o ate. U, ix.Lqer"ll--� awe -} i., St*lo..e-f Mocl;�C-wj -�pr,E tl-)--r• ECC4C Wf 4OUw PLAN LANDSCAPE PLAN I3L��N T ,ail .110• M M W.M. w Q� N c)C) �tv L o _. CN R 82 ..ZOOW Preliminary Memo - Planning June 9, 1998 agenda items May 21, 1998 Page 2 — the portable warehouse behind Bed & Bath should be removed. — in addition to a fence screening the dumpster storage area, a dense evergreen hedge should be planted to screen the dumpster storage area from Market Street. JOLLEY ASSOCIATES - LANDSCAPING MODIFICATION - SITE PLAN plan should be revised to add two (2) street trees with a minimum size of 2 '/2" - 3" caliper along the front of the property. Staff suggests either Littleleaf Linden or a salt tolerant Maple. KEN SMITH - LANDSCAPING MODIFICATION - SITE PLAN — planting details A, B, and C do not match the locations indicated on the site plan. 2 APR 29 '98 10:55 CITY OF )JRLINGTON ) P,2i5 CITY OF SOUTH BURLI NGTON 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 Planning Commission. 4) OWNER OF RECORD (Name as shown on deed, mailing address-, phone and fax #) r*Ar'^ =^r • :� _ co o co 2) APPLICANT (Name, rnailing address, phone and fax 3) CONTACT PERSON (Name, mailing address, phone and fax #) ficsM c -N-L Z---� E 4) PROJECT STREET ADDRESS: An. CQJ W 1 eC E- -LlEv ` ?E 5) TAX MAP NUMBER (can be obtained at Assessor's Office) ! - o -ga � * 21.p 6) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) t� �tir��l= TC,�t IC.!,— :r"- Y, /ADD L2 b) Proposed Uses (include description and size of each new use and existing uses to remain) rnixc� c) Total building square footage (proposed buildings and existing buildings to remain) 2'5, oo© d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) _ 215, G—D PFL - M i o� I L - CDC � . - "T g e) Number of residential units (if applicable, new units and existing units to remain) NICNle f) Number of employees (existing and proposed):����'���� Fapr su-yts U-S-ZIH KQnneth R. Smith (802) 865-4826 P.02 F BUFFI'A3I'jN g) Other (list any other infomwtion pertinent to tlhiS application not specrfically W4u4sted above). 7) LOT COVERAGE a) Building. Existing % Proposed 4-1-3 % b) Overall (building, parking, outside storage, etc) Existing too - Z - % Proposed 6 2 • -7 % c) Front yard (along each street) F-Asting 13 �_ % Proposed _131- % 8) COST ESTIMATES a) BuUdinq: S �1 50, 000- b) landscaping: S 2,D-1 5 . Q c) Other site improvements (please list with cosh: �- 1)a v 9) ESTIMATED TRAFFIC a) Average daily traffic (in and out): b) AM. Peak hour (in and out): c} P.M. Peak hour (In and out)- 1o) PEAK HOURS OF OPERATION: 11) PEAK DAYS OF OPERATION: M }- 12) ESTIMATED PROJECT COMPLETION DATE: 13) SITE PLAN! AND FEE A site plan shall be submitted which shows the inforrrtadon lister! on Exhibit A attached. Five (5) regular size copies and one reduced COPY 01" x 17"j of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the sits plan application (see Exhibit A). APR 29 '98 10:56 CITY OF �PLINGTON P. I hereby certify that all the infomudion requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT SIGNATURE OF CO -APPLICANT Do not write below this line DATE OF SUBMISSION: 7 l REVIEW AUTHORITY: 0"~Planning Commission 0 City Planner I have reviewed this site plan application and find it to be: mpi (Apfrmsp) or Designee Incomplete APR 29 '98 10:56 CITY OF `IJRLINGTON 1 P.5i5 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 Planning Commission. • Lot drawn to scale (20 feet scale if possible) • Survey data (distance and acreage) • Contours (existing and finished) • Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the zoning regulations • Location of streets, abutting properties, fire hydrants, existing buildings, e3a3ting landscaping • Existing and proposed curb cuts, pavement, walkways • Zoning boundaries • Number and location of panting spaces (as required under Section 26.25 of the zoning regulations) • Number and location of handicapped spaces (as required under Section 26.253(a) of the zoning regulations) • Location of septic tanks (if applicable) • Location of any easements • Lot coverage inforrnation: Building footprint, total lot, and front yard • North arrow • Name of person or firm preparing site plan and date • Exterior lighting details (must be down casting and shielded) • Dumpster locations (dumpsters must be screened) • Bicycle rack as required under Section 26.253(b) of the zoning regulations • If Restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE ID New Application $ 50.00 A Amendment $ 25.00 (Ap*MSP) City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 15, 1997 Ken Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: New Tenant, 49 Commerce Avenue Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 0 Please be advised that your proposed tenant "Great Scapes Landscaping" at 49 Commerce is hereby approved. It is my understanding that this use is a warehouse use, it utilizes 1875 square feet of space, has five (5) employees, 685 square feet of office space, and three (3) company vehicles. Enclosed is a copy of your updated tenant list with the associated impacts. If you have any questions, please give me a call. L City Planner JW/mcp 1 Encl 'ANT LIST D Y1�42..140H TZLCeUm r 6 % K . P. Smlth Ceneral Contractor S Ethan Allen Drive s,o. Burlington, Vt 05403 �6w Sizes 1 'fi 2G�2 _!� -4 C[ Lve . sly � r �� Apr-28-98 12 13P Kanneth) P_ Smith (80^1) 865-4826 P.O2 �� PLANT LIST s1 zF Be y �� � �� �� 1 � — J � Ufa ► �7 �.� � '�. ' 'N �^��-�t tr;� x`.e :; � ' � - 4 ' �g KD K.P.smlth Cenerati Contractor ai Ethan Allen Drive So. Burlington, Vt 05403 K. P 61 IT4 LCT 25) 2-tp M T Smith GENERAL CONTRACTORS 61 ETHAN ALLEN DRIVE SOUTH BURLINGTON, VT 05403 B65-3606 FAX: B65-4B26 April 10, 1998 Kenneth P. Smith Lot 25/26 So Burlington, VT 05403 Scope: Landscape Installation To Include: For Work P. 49 Commerce Ave So Burlington, VT 05403 1. Site Work: Removal of existing vegetation that has grown in wild. Removal of weeds and debris. Rototill and rough grade site. Finish grade before planting. Proper disposal of all debris from site. Delivery of 18 yards of topsoil to create mounds as shown per plan.......................................................................................................................................................1420.00 2. Edging: 600 lineal feet of steel edging delivered to site and installed in landscape area "C". To be staked every 4' on center or where needed to hold shape . ........... 2300.00 3. Walkway: 3' 0" wide asphalt walkway. Sub base to be 8" of compacted Shur- Pac..........................................................................................................................................................2550.00 4. Patio & Patio Wall: Patio to be a dry laid quarry stone over a 8" base of compacted Shur-Pac. Patio to be laid on a stone dust layer. Stone dust to be swept into joints between stones and compacted. Patio to drain to wall on north edge. Patio wall to 30" above finish grade of patio. Wall and columns shown to either side to be capped with cut quarry stone and to slightly overhang.............................................................................3350.00 5. Dry Creek: 240 square feet of dry creek area to help carry water run off and yearly fire sprinkler clean -out. Dry stream to be lined with a landscape fabric to help control weeds. Boulders as shown, glacial cobble and 1 I" rock to be used to construct a naturalappearing dry stream......................................................................................................1325.00 6. Plantina: Planting as shown per plan. Should specified size or type of a plant listed become unavailable a substitute will be chosen on comparable traits and in comparable size. Plants to be hand watered by owner till established and during dryer spells during first two seasons. Trees to be staked with Reddy Stakes in Hunter Green .......... 3600.00 7. Lawn: 5550 square feet of seed lawn. Lawn to be seeded with a contractors mix and mulched with Cellulose mulch. Lawn to be watered by owner till established and during dryer spells during first season....................................................................................................500.00 8. Mulch: Planting areas to be covered with permeable landscape fabric to control weeds and a 2" layer of 1" red rock as seen in the front of 81 Ethan Allen Drive in South Burlington.............................................................................................................................................1510.00 l51V&D MIPSmith GENERAL CONTRACTORS B1 ETHAN ALLEN DRIVE SOUTH BURLINGTON. VT 05403 B65-3B06 FAX: BB5-4B2B 9. Dumpster Fencing: Dumpster fencing to be metal posts @ 6'0" on center or less as needed with a solid facing of metal siding to match building. Posts to ride on metal castorsfor mobility........................................................................................................................3600.00 10. Boulders: Boulders to be installed in planting areas as shown. Embed bottom of bouldersbelow soil.............................................................................................................................725.00 TOTAL LANDSCAPE COSTS.........................20,880.00 Bid price includes all labor, materials and equipment as needed for a complete and thorough installation as described above. JYOF SOUTH BURLINGT N O REQUEST TO ACCOUNTS PAYABLE c DATE Y "` j 0 ^ / Z AMOUNT SO OCR . 6 G PAY TO Kf�&JfT,41 f -<m / 7,41 0/ ff)/) A44N) J41i) .So. A4114A67o4U4 vT o303 ACCOUNT NUMBER �oy DESCRIPTION OF EXPENSE Re�O(fE 1066 68 fil kiV11-,1)1A)6 I Comm wce op— SPECIALINSTRUCTIONS REQUESTED BY APPROVED BY 1uJ DATE MIPSmith GENERAL CONTRACTORS B1 ETHAN ALLEN DRIVE SOUTH BURLINGTON, VT 05403 865-3606 April 29, 1997 South Burlington Planning Commission Chairman 575 Dorset Street So. Burlington, VT 05403 RE: Amend current water and sewer usage Dear Mr. Burgess, On the 13rh day of June 1995, the South Burlington Planning Commission approved a request from me, Kenneth Smith, for site plan review under section 26.10 of the South Burlington zoning regulation for the property located at 49 Commerce Avenue. The sewer allocation requested at that time was an estimated 3,000 GPD. Currently, under full occupancy, the project's demand falls under 500 GPD as documented by Mr. Ray Belair. This letter is to request a refund of 2,000 GPD, or approximately $5,000 (2,000 GPD x $2.50/gallon). The project will retain a 1,000 GPD allocation for possible future usage. Sincerely, Kenneth P. Smith Project Manager City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 20, 1997 Ken Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Increase Traffic Generation, 49 Commerce Avenue Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on December 17, 1996. Please the note the conditions of approval. If you have any questions, please give me a call. i erely,? ' Jo Weith, Ci y Planner JW/mcp 1 Encl PLANNING COMMISSION 17 DECEMBER 1996 PAGE 5 shall be signed by the Planning Commission Chair or Clerk prior to recording. The plans shall be recorded prior to issuance of a zoning permit. Ms. Barone seconded. Motion passed unanimously. 5. Site plan application�of Kenneth Smith to amend a previously approved site plan for a 35,000 sq. ft. building for a multiple of commercial and industrial uses. The amendment consists of increasing the maximum number of vehicle trip ends during the P.M. peak hour from 30 vte's to 60 vte's, 49 Commerce Avenue: Mr. Smith noted that the building is located in Ethan Allen Farms Industrial Park. He said that he had underestimated the number of trip ends he would require. With existing tenants, he has just exceeded the allowable trip ends, and he is hoping for more tenants. Mr. Weith said the building is not in an overlay zone or an impact fee zone. He felt the traffic impact would be minimal for this location. There is some auto repair done on the site which does generate more trip ends. Members had no problems with the request. Mr. O'Rourke moved the Planning Commission approve the site plan application of Kenneth Smith to amend a previously approved site plan for a 35,000 sq. ft. building for a multiple of commercial and industrial uses. The amendment consists of increasing the maximum number of vehicle trip ends during the P.M. peak hour from 30 vte's to 60 vte's, 49 Commerce Avenue, as depicted on a four page set of plans, page one entitled "Ken Smith Property Lots 25 & 26 South Burlington, Vermont." prepared by Fitzpatrick - Llewellyn. Inc, dated April, 1995. last revised 7/21/95, with the following stipulations: 1. All previous approvals and stipulations which are not super- seded by this approval shall remain in effect. 2. This approval is conditioned on a maximum of 65 parking spaces, 3000 gpd of sewer allocation, and 60 P.M. peak hour trip ends. 3. Any changes to the site plan shall require approval by the South Burlington Planning Commission. Mr. Teeson seconded. The motion passed unanimously. Ar 12/17/96 'a• MOTION OF APPROVAL KENNETH SMITH I move the South Burlington Planning Commission approve the site plan application of Kenneth Smith to amend a previously approved site plan for a 35,000 square foot building for a multiple of commercial and industrial uses. The amendment consists of increasing the maximum number of vehicle trip ends during the P.M peak hour from 30 vte's to 60 vte's, 49 Commerce Avenue, as depicted on a four (4) page set of plans, page one (1) entitled, "Ken Smith Property Lots 25 & 26 South Burlington, Vermont" prepared by FitzPatrick-Llewellyn, Inc., dated April, 1995, last revised 7/21/95, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This approval is conditioned on a maximum of 65 parking spaces, 3000 gpd of sewer allocation, and 60 P.M. peak hour trip ends. 3. Any changes to the site plan shall require approval by the South Burlington Planning Commission. M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: December 17, 1996, agenda items Date: December 13, 1996 3) TIMBERLAKE ASSOCIATES - MODIFY ACCESS -SITE PLAN This application was continued from the 12/10/96 meeting due to the possibility of a tie vote at that meeting. Enclosed is a copy of staff's 12/10/96 memo. 4) KENNETH SMITH - TRAFFIC INCREASE - SITE PLAN This project consists of amending a previously approved site plan for a 35,000 square foot building for a multiple of commercial and industrial uses. The amendment consists of increasing the maximum number of vehicle trip ends during the P.M. peak hour from 30 vte's to 60 vte's. The last review of this property by the Commission was on 10/22/96 (minutes enclosed). This property located at 49 Commerce Avenue lies within the IC and CO Districts. It is bounded on the east and south by undeveloped property, on the west by a warehouse, and on the north by Commerce Avenue. Traffic: The applicant is requesting approval to increase the number of allowable vehicle trip ends (vte's) during the P.M peak hour from 30 vte's to 60 vte's. This property is not subject to the road impact fee. This property would now be conditioned on a maximum of 65 parking spaces, 3000 gpd of sewer allocation, and 60 P.M. peak hour trip ends. 5) MAGIC HAT - RETAIL TO LIGHT MANUFACTURING - REVISED FINAL PLAT This project consists of amending a planned unit development which consists of three (3) buildings on a 6.8 acre parcel. This amendment consists of converting a 37,027 square foot retail building to 36,127 square feet of light manufacturing (brewery) and 900 square feet of retail space, and the installation of two (2) 22 foot high external tanks. The sketch plan was reviewed on 11/26/96 (minutes not available). ) CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone 31 (�/yiCi �� /�t_ l,�s t� 2i (/C c�lJ 1 � CJ✓Z(./ li(v >1J L7 o 2) APPLICANT ( name, address, phone #) a 3) CONTACT PERSON (name, address, phone) 4) PROJECT STREET ADDRESS: AUv 5�.1i� �SL)y=L 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) 7) SIZE OF PROJECT (i.e. total building square footage, # nits, maximum height and # floors, square feet per floor) 35 Tc- 8) NUMBER OF EMPLOYEES 9) LOT COVERAGE: building %; landscaped areas % building, parking, outside storage % 10) COST ESTIMATES: Buildings $ , Landscaping S Other Site Improvements (please list with cost) S 11) ESTIMATED PROJECT COMPLETION DATE: 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: Monday through Friday, 11-12 noon 12-1p.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. 13) PEAK HOURS OF OPERATION: 14) PEAK DAYS OF OPERATION:- FATE OF SUBMISSION DATE OF HEARING SIGNATURE OF APPLICANT u PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 17) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible). Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. Existing and proposed curb cuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to or greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9' x 18') with 22 or 24 foot aisles as required. Number and location of handicapped spaces as required. (see Table 26-1 of zoning regulations). Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parking, and outside storage, landscaped areas and front yard. Location of site (street # and lot #). North arrow Name of person or firm preparing site plan and date. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 13, 1996 Ken Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Increase Traffic Generation, 49 Commerce Avenue Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, December 17, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. i cere y, J Jo Weith, Cit Planner JW/mcp Encls PLANNING COMMISSION October 22, 1996 Page 4 seded by this approval shall remain in effect. 2 The Planning Commission approves a total of 148 parking spaces. This represents a four space or 2.6% shortfall. 3 The applicant shall remove the compact car space signs located along the easterly row of parking spaces and place them along the row of spaces adjacent to the easterly side of the building as shown on the plan. 4 The plan shall be revised to show the changes below and shall require approval of the City Planner. Three copies of the approved revised plans shall be submitted to the City Planner prior to permit issuance. a) The plan shall be revised to accurately depict the location of the C1 and R4 District boundary which is located 500 feet from the centerline of Shelburne Road. b) The plan shall be revised to increase the size of the proposed plantings to equal the value of the plantings being replaced. 5 Prior to issuance of a zoning permit, the applicant shall post a $3,360 landscape bond The bond shall remain in effect for three years to assure that the landscaping takes root and has a good chance of surviving. 6 The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 7 The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the revised site layout. 8 Any change to the site plan shall require approval by the South Burlington Planning Commission. Ms Barone seconded. Motion passed unanimously. 7. Site plan application of Kenneth Smith to amend a previously approved site plan for a 25,000 square foot building for a multiple of commercial and industrial uses for 10 tenants. The amendment consists of: 1) adding additional permitted and conditional uses to the list of uses allowed in the building, and 2) adding 10,000 square feet of second floor space for a total gross floor area of 35,000 square feet, 49 Commerce Avenue. I I PLANNING COMMISSION October 22, 1996 Page 5 Mr. Smith said the original approval was for uses in the IC Zone. At the time, he didn't anticipate any conditional uses, but he's decided to get approval for conditional uses that might arise in the future. Some tenants are requesting the 2nd floor office for storage space, so they are requesting that. The space would be under the existing roof and would be a mezzanine type area. Mr. Weith said the applicant must show they fall within limits for sewer, parking and traffic. Any new tenant has to be approved by the City Planner; and new conditional use has to be approved by the Zoning Administrator. Mr. Dinklage said he was uncomfortable with the blanket approval for conditional uses. Mr. Teeson felt there was a stop -gap with the need for approval by the City Planner or Zoning Administrator. Mr. Weith noted that Zoning Board has approved 5 conditional uses. All the Planning Commission can do is be sure they fit within parking, sewer and traffic limits. Mr. Dinklage said he would like staff to review what the Zoning Board actually did so as not to muddy the water. Mr. Dinklage then moved to continue to November 12, 1996. Mr. Crow seconded. Motion passed unanimously. After discussion with the applicant, Mr. Beaudin moved to reopen the hearing. Mr. Dinklage seconded. Motion passed unanimously. Mr. Crow moved the Planning Commission approve the site plan_ application of Kenneth Smith to amend a previously approved site plan for a 25,000 square foot building for a multiple of commercial and industrial uses for 10 tenants. The amendment consists of: 1) adding additional permitted and conditional uses to the list of uses allowed in the building, and 2) adding 10,000 square feet of second floor space for a total gross floor area of 35,000 square feet, 49 Commerce Avenue, as depicted on a four page set of plans, page one entitled "Ken Smith Property Lots 25 & 26 South Burlington, Vermont," prepared by FitzPatrick-Llewellyn, Inc., dated April, 1995, last revised 7/21/95, with the following stipulations: 1 All previous approvals and stipulations which are not superseded_ by this approval shall remain in effect. 2 This approval and the 6/13/95 approval is for the following permitted and conditional uses which are currently allowed in the Industrial and Commercial District: light manufacturing; warehousing, storage and distribution facilities; research and PLANNING COMMISSION October 22, 1996 Page 6 testing laboratories; wholesale establishments; equipment service and repair shops not including retail; general office; medical office; printing, bookbinding, publishing and engraving; contractor's yards not including retail; accessory uses to the uses listed above; rental of equipment and miscellaneous items; automobile repair and service; taxi companies; indoor recreational facilities If the zoning regulations change so that any of the above uses are no longer allowed, then those uses which are no longer allowed shall no longer be approved. 3 This approval is conditional on a maximum of 65 parking spaces, 3000 gpd sewer allocation, and 30 P.M. peak hour trip ends. 4 The applicant shall obtain approval from the City Planner prior to the change of any tenant in the building. The City Planer shall approve the proposed new tenant only if the proposed combination of uses fit within the limitations established in stipulation #3 above In making his determination, the City Planner shall utilize the parking standards contained in Appendix A in the Zoning Regulations, trip generation rates contained in the I.T.E. Trip Generation Manual, and sewer flow quantities used by the Vermont Agency of Natural Resources If a use is proposed which does not fit clearly within any of these standards, or if a shared parking concept is proposed in order to meet the parking limit, or if any of the approved uses includes outside storage, the applicant shall_ obtain approval from the Planning Commission for the proposed use. 5 The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of any new tenant space. 6 Any changes to the site plan shall require approval by the South Burlington Planning Commission. Mr. Dinklage seconded and the motion passed unanimously. The applicant then asked if the limitation on the number of tenants could be eliminated. Members posed no objections as long as condition #3 was adhered to and as long as no uses were in conflict with Zoning Board limitations. Mr. Crow moved to amend the approval for Kenneth Smith to eliminate_ the words "for ten tenants" in paragraph #1. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Burgess arrived at this point in the meeting and presided over the remainder of the agenda. PLANNING COMMISSION October 22, 1996 Page 7 Mr. O'Rourke stepped down due to a conflict of interest. Ms. Guillette said the building previously had the hair salon on the first floor and a residence on the second. They are asking for permitted uses only. Mr. Weith observed they are asking for only one tenant but a multiple of uses. There would be specific parameters for parking, traffic and sewer. Mr. Weith noted the only unresolved issue is the curb cut and the number of allowed trip ends. Mr. Burgess noted that 8 vehicle trip ends are allowed in the peak hour. The only way that could be waived is with improvements that provide a net benefit to the area. The driveway could be moved further from Williston Road which would change the overlay district thus permitting more peak hour trip ends. Mr. Weith observed that the only use that would meet the 8 trip ends is medical office. Mr. Dinklage said there are a lot of problems with people going in and out of the video store next door, and he hoped the access could be moved further from Williston Road. Mr. Burgess then gave the applicant the option of continuing or letting the Commission vote. The applicant chose to table. Mr. Crow moved to continue the application until November 12, 1996. Ms. Barone seconded. Motion passed unanimously. Mr. O'Rourke rejoined the Commission. 9. Sketch Plan application of Century Partners to amend an approved planned unit development consisting of 93,800 square feet of general office and shopping center use in 3 buildings. The amendment consists of 1) adding a 2,960 square foot 2-story office building (building "C") for a total of 96,760 square feet__ of general office and shopping center use, and 2) subdividing a 3.5 acre parcel into 2 lots of 4.72 acres (lot #1) and 0.831(lot #3), 100 Dorset Street and 2 Corporate Way: `zL(•Lz,, Ms. Lindsay said the 2-story office building would be for Judge Companies. The reason for the subdivision is to comply with a request from the financing company to separate out the lot they are financing. Mr. Weith asked if a separate lot will be needed for the new building. Ms. Lindsay said no. 1 I + + _ y i 1 y } + +++ 2 ADD TI![A W~ aT- 14NTITANA CORRECT QYdO/M ADO O" MAW ML!! 1 eWM PARKA'S LAYOI/T. ME~ LAAEW—E PLAN #A GRAPHIC SCALE Iara�1 I Wen - 30 ft 3- SAUCER RECEIVED JUN 5 1995 City of So. Burlington PI.ANrlRT FeR XR/ 11I1H /'IGPlRI7: 6Dun1 eTw.wtvr MD K!Y 6OMARC / CYrMCT1 NAMw am m"r 20 AN ALVR IRAVM $ED MAPLE ) •) w- ED D M MALW6 ff W DRPT IYN DRIFT ONO 9 Al PNr /JAR" NIA WAV~ �'�' m !T esr SAL x IRAPUEA ITIEAnCO ArlwX &&Lm 3•H' OR 40 !!C AY'Rlfa•r CAV40MI6 1-lRC.4N 9.DER 7-31 5R LKIrTW ro � 6AV.L Mlq/JTED. YIAT ORC1F 1lCTATAIILAR L1/'11NAAE3 n�R E u NE DICOIIOU! ?RIM DQlLE 6TRAR0 D 6A. OALVA/A2ED WAIL - T2) 2- - HAIOYGOD 6TAIE6 Vl- RIER ND6E TIES YII6AP 2-,T16A, MA,04 TOPSOIL MXTAAE 16EE N0`IE61 PEEL BACK GIIIR.AP 3'K A.' CONPACTI'D TOP6dL DECIDUOUS TREE PLANTING DETAIL NOTES LANDSCAPING NOTES — GENERAL CONDITIONS I ALL PLAITS TO BE FREE OF DISEASE, INFESTATIONS OR DAMAGE, AND SUBJECT TO APPROVAL OF LANDSCAPE ARCHITECT 2 FAILED OR UNSATISFACTORY PLANTS TO BE REPLACED AT NO COST TO THE OWNER 3 ALL PLANTING TO BE PERFORMED DURING SPRING AND FALL PLANTING 6EA5CN5 OR WITH APPROVAL OF OWNER OR LANDSCAPE ARCHITECT 4. ALL WORK TO BE IN ACCORDANCE WITH AMERICAN ASSOCIATION O= NURSERYMEN STANDARDS FOR MATERIALS, INSTALLATION AND MAINTENANCE. 5 CONTRACTOR TO PROVIDE ADEQUATE WATERING TO MAINTAIN HEALTH OF PLANTS THROIY ROUT THE GROWING SEASON AND AS GUARANTEED 6 ALL PLANTS TO BE MAINTAINED AT AN ACCEPTABLE QUALITY AND GUARANTEED FOR ONE FULL YEAR. T TREE AND SHRUB PLANTING DETAILS ARE ILLU5TRATIVEL REFER TO INDIVIDUAL DETAILS FOR SPECIFIC PLANTING REQUIREMENTS TREE AND PLANTING I PLANT 5PACING AND LOCATION TO BE AS SHOWN ON DRAWINGS AND SUBJECT TO APPROVAL OF LANDSCAPE ARCHITECT 2. ALL TREES AND TO BE BALLED AND BURLAPPED OR CONTAINERIZED, AND SET AT SAME DEPTH AS GROW IN NURSERY BACKFILL, FERTILIZE, MULCH, WATER PRUNE AND STAKE TREES ACCORDING TO AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS PLANT PITS TO BE AT LEAST 12 INCHES WIDER AND 6 INCHES DEEPER THAN ROOT BALL 3 FERTILIZER FOR TREES AND BWRU55 TO BE GRAMULAR 10-10-10 AND APPLIED ACCORDING TO MANIFACTURER'5 SPECIFICATIONS A PLANTS TO BE BAOffILLED WITH A MIX O° ONE PART PEAT OR HUMUS AND TWO PARTS SOIL EXCAVATED FROM THE PIT IF IT 15 OF GOOD QUALITY REMAINDER OF BACKFILL MIX TO BE FORMED INTO A THREE INCH HIGH SAUCER -LIKE RIDGE AROUND OUTSIDE OF PIT TO FACILITATE WATERING AND CONTAIN SEASONED WOOD CHIPS OR DARK MWLCH SPREAD TO A MINIMUM DEPTH OF TWO ACHES TOPSOILING I MINIMUM DEPTH OF TOPSOIL IN SEEDED LAWN AREAS TO BE 6 INCHESe IN SODDED AREAS 4 INCHES 2 TOPSOIL TO BE A UNIFORM SANDY LOAM FREE PROM HEAVY CLAY SUBSOIL, STONES, ROO75. WEEDS AND UNDESIRABLE SEED TOPSOIL TO HAVE AN ACIDITY RANGE OF pN 6 TO 63 AND NOT LESS THAN 5 R. TO 20OW.ANIC MATTER SAMPLES MAY BE REQUESTED BY THE LANDSCAPE ARCHITECT OR ENGINEER 3 LIME TO BE ADDED AT THE RATE OF 100 LDS PER I~ SQ FT (2 TONS PER ACRE) UNLESS SOIL TEST INDICATED OTHERWISE STANDARD FERTILIZER (10-20-20) TO BE APPLIED AT THE RATE OF T LDS EPR I~ 50. FT. (300 L155 PER ACRE) LIME AND FERTILIZER TO BE RACED INTO THE SOIL TO A MINRTlM DEPTH OF TWO INCHES SEEDING I SEED MIXTURE TO BE AS FOLLOWS, IN3IEDIENTS SEEDING RATE 4dM KENTUCKY BLUE GRA56 4 L55 PER 1000 FT 40% CREEPING RED FESCUE (I15 LBS PER ACRE) 20% PERENNIAL RYEGRA55 2. DEEDED AREAS TO BE PLANTED PROM 4/113 TO 6/B, 5/5 TO S/I5, OR WITH APPROVAL OF OWNER OR LANDSCAPE ARCHITECT 3 ALL NEWLY SEEDED AREAS TO BE MULCHED IMMEDIATELY AFTER SEEDING WITH A 1/4 INCH LAYER OF WEED -FREE STRAW SPREAD UNIPORMLY AT A RATE OF 15 TO kW LDS PER 1000 SQ. FT. (2 TONS PER ACRE). SPREADING BY MECHANICAL SPREADING DEVICES MAY BE USED IF APPROVED BY THE LANDSCAPE ARCHITECT SEEDED AREAS TO BE ROLLED AFTER MULCH 15 APPLIED - AN EMULSIFIED ASPHALT MAY BE USED AS A MULCH BINDER WHEN USED, IT SHALL BE APPLIED AT THE RATE OF 150 GALLONS TO 200 GALLONS PER ACRE, OR AS DIRECTED BY THE LANDSCAPE ARCHITECT WHEN THE MULCH 15 SPREAD BY A BLOWER OR OTHER SIMILAR DEVICES, EMULSIFIED A -14AL-T SHALL BE INJECTED INTO THE MULCH AT THE ABOVE RATE AS IT LEAVES THE BLOWER WHEN OTHER TYPES OF MULCH BINDERS ARE USED THEY SHALL BE APPLIED USING THE METHODS AND RATES RECOMMENDED BY THE MANUFACTURER JUTE NETTING OR SIMILAR MATTING TO DE USED TO ANCHOR STRAW MULCH ON SLOPES GREATER THAN 1-3, DRAINAGE WALES, OR AREAS TM WITHOUT A ULCH BINDER• WHERE WIND OR WATER MAY ERODE NEWLY PLACED SEED AND MULCH- NETTING TO BE SECURELY ANCHORED TO THE GROND ACC.OI®MG TO MAMFACTURER'S RECOMMENDATIONS PIWaMM pMff 0 PIEL/'116RMY AWL 0980M E caNTmAcrfe d ONEO® GLOM •CICJTE6 ATAAA! C► THIN DRAKWO A N TW UMMM IMPCNAq[/fY To /i/t "M G1TY #A:L4cm ?W LAT=r 110vMI01mI KEN SMITH PROPERTY .01flwUsumm LOTS 25_ & 26, LANDSCAPE PLAN FCIe KAC&EW Q LAAICWCAMLAWfl E.E'!Me ON -Y r TO OF UMM /CUR COWTRCTICN FO 10"WL low x0�9 L D 9097 WILLI6TON VEIa IONT O aTa.+6dR �7rac--05-96 Os. 38P �: . SMITH COMPANIES � 4 Vervi1oiir. 1 �1A ER _:UP2L'- AND 1 •1 4AS TE�,7l1ATER DISPOSAL PERMIT 865-482 P_02 ' Y LAWS'REGU.LATIONS 1NVOLVED Case #: WW-:-0886 Env ronmental Protection Rules Applicant. rv)::1 L .it.? fC: Be1 tt'? Address: 2. Country Club Drive SouCh Burlington, Vecm011% 05403 This pro jJect, consisting pit COL, st1"V. `L ink a 1010 by 253 foot building for a maximum of 200 employe~ I:., process water On the 2.57 acre lot referenced in Subdivi.zl>., Permit. EC-4-1183-2 located off Commerce Street in the ci--y cf South Furlington, Vermont is hereby approved under the requirements of the regilations named above, subject. to t`.:A ccndir-ions. This Permit does not constitute Act 250 approval under Case Number 4C@643. GENERAL 1. This permit does not relie'�e the perr-ittee from obtaining all other approvals and permits as may t-e required from the Act 2513 District Environmental the Department of Labor and Industry (phone 828--2iL06 ;,r E58-2199), the Vermont Department of Health (phone 8 i3-72 2011 , the Water Supply Division (phone 241-:400) and local C-f icials PRIOR to proceeding with this project. 2. The projec`_L shall be completed as sliewnl 7,7. the plans Project Number 95039 Sheer. 1 of 4 "SitC . a?:ed April 1935 last revised 7-21-95 prepared by Inc. and which have been stamped by the Wastewater Management Division. The project shalt. %,Dt d_viare from the approved plans kr;,tl:out prior w=it.te:-: --pr_,ial from the Wastewater Vansgement Division. 3. The ll astewatrr Management Di ,,i =_ ,.r ,cvr- w_ the sewage and cater _ystcm- f.r ruble b.!' 'Jir.��., und—ar 10 V,S.A. , Chapter 61 - water Supply and ID, -pozal Felfuiit. 4. A copy of the approved plans and L?:ls Fo+r-n,,r „lall remal!l on the project during -aril Phase-- Of and, upon r,-chest, ,?,.all cc mj4e availaL-It, FOr by Sr -at'- Or local personnel_ 0--c= - C S '9E 03 ` 38P P "l I Tr-i COTIPAN I ES 3Ct 865 -4826 WW-4-0886 Page 5. In the event of a transfer of ownarshi-p ;par-ial or w,ole) Of th1S pral, the t..ansfere? :i).-11 perraittee be subject to compliance with. :h rl, Li: ,S and c.�ndizions ".)f this permit. 6. All sen f ,r:h in :au;�•ci_�._ , =� _r�i ,�C_y-1.' , dated August 17, 1995 shall remain in-,`f=Ct. WATER SUPPLY 7. The project is approved for water supply ty construction utilization of the municipal water- service depicted on approved plans. No other means of tta n ng potable shall be allowed without prior review ar-d approval by hi Wastewater Management Division. WASTEWATER DISPOSAL S. The project is approved for to the S< Burlington Ay.port Parkway wastew-Acez facilit,• t..]_ a maximum of 3,000 gallons of sewase pe= day as dapicr��:, ,_ . the approved plans. No or -her of wastewar.er di.sr��- rl shall be allowed without prior reviQ,,, and approval by Wastewater Management Division, and such c.ppro'•;al will be granted unless the proposal ccnf�rm- to the apple.,.:' laws and regulations. Dated at Essex Junction, Vermont whi,3 :f995. William C. Brlerle7, Commissioner Deparltment ` nE _,•'•V:.f,:ilN,o-^tal CO?"t32iVz Ernest P. Christianson-, Regional Eng inef : c For the Record South Burllington Planning Commissin :ouch Burlington Selecthoard Act 250 Coordinator -Loins Borie Water Supply Division Departme<<t of Labor and Indusrry ,F11tzPaLzi:k-L1ewpllyn, Inc, M E M O R A N D U M To: South Burlington P ning Commission From: Raymond J. Belair South ym , Burlington Planning & Zoning Assistant Re: Preliminary Comments, October 22, 1996 Agenda Items Date: September 30, 1996 KENNETH SMITH - ADDITIONAL USES - SITE PLAN --- plans submitted are acceptable. --- staff recommends that the applicant not request approval for auto sales and auto rental. These uses would need the plan to show spaces devoted to display and storage and the spaces available for the remaining uses in the building. --- staff recommends against outdoor recreation because the plan needs to show the site plan for the outdoor recreation use. --- staff recommends that contractor's yards have a condition that if there is any exterior storage, it must go back to the Planning Commission for approval. PLAZA INVESTMENTS - PARKING & LANDSCAPING MODIFICATIONS - SITE PLAN --- plant list should indicate the quantity of the proposed replacement landscaping and the reduction in the number of Austrian Pine. The replacement landscaping must equal the value of the new landscaping. --- staff counts 146 spaces on the plan and 152 spaces are required. Shared parking analysis recommends 147 spaces. --- submit 11" x 17" reduction of plan. --- plan should include a north arrow. --- show zoning boundary line between Cl and R4 Districts. ROGER & KAREN HOWARD - RETAIL TO MARINE SALES - SITE PLAN --- site plan application should be signed by the applicant. --- parking spaces along the northerly boundary should be perpendicular not angled. --- provide front yard coverage information for each of the front yards. l;�L{�C,f livvC3��J RM WM4 not �i p 2�.Nrl � rvr 1 Water Supply and Wastewater Disposal Permit WW-4-0886 Page 2 5. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. 6. All conditions set forth in Subdivision Permit #EC-4-1183-2 dated August 17, 1995 shall remain in effect. WATER SUPPLY 7. 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 Wastewater Management Division. WASTEWATER DISPOSAL 8. The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 3,000 gallons of -sewage per day as depicted on the approved plans. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will riot be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont this/'I day of(.1995. William C. Brierley, Commissioner Depat't�ment of Environmental Conservation Ernest P. Christiansorcj Regional Engineer c For the Record South,Burlington Planning Commission 4 wr'' Burlington Selectboard Act 250 Coordinator -Louis Borie Water Supply Division Department ofiLabor and Industry FitzPatrick-Llewellyn, Inc. C State of Vermont WATER SUPPLY AND WASTEWATER•DISPOSAL PERMIT Case #: WW-4-0886 Applicant: John & Joyce Belter Address: 2 Country Club Drive South Burlington, Vermont LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective September 10, 1982 05403 This project, consisting of constructing a 100 by 250 foot building for a maximum of 200 employees and no process water on the 2.57 acre lot referenced in Subdivision Permit EC-4-1183-2 located off Commerce Street 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 4CO643. GENERAL 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106 or 658-2199), the Vermont Department of Health (phone 863-7220), the Water Supply Division (phone 241-3400) and local officials PRIOR to proceeding with this project. 2. The project shall be completed as shown on the plans Project Number 95039 Sheet 1 of 4 "Site Plan" dated April 1995 last revised 7-21-95 prepared by FitzPatrick-Llewellyn, Inc. and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 3. The Wastewater Management Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. 4. A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. RIMM -F-T " 10/22/96 MOTION OF APPROVAL KENNETH SMITH I move the South Burlington Planning Commission approve the site plan application of Kenneth Smith to amend a previously approved site plan for a 25,000 square foot building for a multiple of commercial and industrial uses. The amendment consists of: 1) adding additional permitted and conditional uses to the list of uses allowed in the building, and 2) adding 10,000 square feet of second floor space for a total gross floor area of 35,000 square feet, 49 Commerce Avenue, as depicted on a four (4) page set of plans, page one (1) entitled, "Ken Smith Property Lots 25 & 26 South Burlington, Vermont," prepared by FitzPatrick- Llewellyn, Inc., dated April, 1995, last revised 7/21/95, with the following stipulations: 1. All previous approvals and stipulations which are not being superseded by this approval shall remain in effect. 2. This approval and the 6/13/95 approval is for the following permitted and conditional uses which are currently allowed in the Industrial and Commercial District: light manufacturing; warehouse, storage and distribution facilities; research and testing laboratories; wholesale establishments; equipment service and repair shops not including retail; general office; medical office; printing, bookbinding, publishing and engraving; contractor's yards not including retail; tee; accessory uses to the uses listed above; rental of equipment and miscellaneous items; automobile repair and service; taxi companies; indoor recreational facilities; fn--1 , , , , �. If the zoning regulations change so thalt any of the above uses are no longer allowed, then those uses which are no longer allowed shall no longer be approved. 3. This approval is conditioned on a maximum of 65 parking spaces, 3000 gpd sewer allocation, and 30 P.M. peak hour trip ends. 4. The applicant shall obtain approval from the City Planner prior to the change of any tenant in the building. The City Planner shall approve the proposed new tenant only if the proposed combination of uses fits within the limitations established in stipulation #3 above. In making his determination, the City Planner shall utilize the parking standards contained in Appendix A in the Zoning Regulations, trip generation rates contained in the I.T.E. Trip Generation Manual, and sewer flow quantities used by the Vermont Agency of Natural Resources. If a use is proposed which does not fit clearly within any of these standards, or if a shared parking concept is proposed in order to meet the parking limit, or if any of the approved uses includes outdoor storage, the 1 I applicant shall obtain approval from the Planning Commission for the proposed use. 5. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of any new tenant space. 6. Any changes to the site plan shall require approval by the South Burlington Planning Commission. t 2 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 18, 1996 Ken Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Add Uses, 49 Commerce Avenue Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on October 22, 1996. Please note the conditions of approval. If you have any questions, please give me a call. Si/ficjere;y,, Jo Weith, City Planner JW/mcp 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 18, 1996 Ken Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Add Uses, 49 Commerce Avenue Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, October 22, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. n erel , J with, City Planner JW/mcp Encls City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 30, 1996 Ken Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Add Uses, 49 Commerce Avenue Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced projects from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, October 11, 1996. If you have any questions, please give me a call. Sincer ly, a ��,� . Ra and J. Belair, Zoning and Planning Assistant RJB/mcp Encls Memorandum October 22, October 18, Page 3 - Planning 1996 agenda items 1996 Parking: A total of 152 spaces are required and 148 spaces are being provided including four (4) handicapped spaces. This represents a four (4) space or 2.6% shortfall. The applicant has conducted a shared parking analysis (see enclosed) which indicates that only 147 spaces are needed. The original approval included 37 compact car spaces. The proposed plan shows 35 compact car spaces. The compact car spaces signs located along the easterly row of spaces should be removed and placed along the row of spaces facing the easterly side of the building as shown on the plan. Landscaping: The applicant has indicated that the 12 Austrian Pine trees planted along the easterly boundary were stolen. These trees have an estimated value of $3360. The applicant proposes to replace these lost trees with upright Juniper and Thuja shrubs. These shrubs have an estimated value of $2550 which is $810 short of the Austrian Pines which they replace. Staff recommends that the size of the proposed plantings be increased to equal the value of the plantings being replaced. Other: --- plan should be revised to accurately depict the location of the Cl and R4 District boundary located 500 feet from the centerline of Shelburne Road. 7) KENNETH SMITH - ADDITIONAL USES - SITE PLAN This project consists of amending a previously approved site plan for a 25,000 square foot building for a multiple of commercial and industrial uses for 10 tenants. The amendment consist of: 1) adding additional permitted and conditional uses to the list of uses allowed in the building, and 2) adding 10,000 square feet of second floor space for a total gross floor area of 35,000 square feet. The ZBA on 9/23/96 granted the applicant a conditional use permit for the proposed uses. The Planning Commission approved the building on 6/13/95 (minutes enclosed). This property located at 49 Commerce Avenue lies within the IC and CO Districts. It is bounded on the east and west by undeveloped lots, on the south by undeveloped property and on the north by Commerce Avenue. 3 I Memorandum October 22, October 18, Page 4 - Planning 1996 agenda items 1996 The applicant is requesting to use the proposed building for 10 tenants for any of the additional permitted and conditional uses listed below. This request is being made with the provision that all the uses would not require more than 65 parking spaces, would not generate more than 3000 gpd in sewer demand and would not generate more than 30 vehicle trip ends during the P.M. peak our. The reason for this request is so the applicant can have the flexibility of changing tenants whose uses fall within the approved sewer, traffic and parking limits without having to return to the Planning Commission each time. When a use is to be changed, the applicant would contact the City Planner and he would review the existing uses and the proposed use to make certain that it does not exceed the upper limits approved by the Planning Commission. Current uses approved are as follows: 15.103 Light manufacturing 15.104 Research and testing laboratories 15.106 Wholesale establishments 15.107 Warehousing, storage and distribution facilities 15.111 Equipment service and repair shops not including retail Uses being requested are as follows: Permitted uses 15.101 General office 15.102 Medical office 15.105 Printing, bookbinding, publishing and engraving 15.109 Contractor's yards not including retail 15.112 Catering and food delivery use 15.113 Accessory uses to uses listed above Conditional uses 15.204 Rental of equipment and miscellaneous items 15.205 Automobile repair and service 15.207 Taxi companies 15.208 Indoor recreational facilities 15.209 Educational facilities The only aspect of this project which is changing is the list of allowable uses which is being expanded. For a description of the property see the enclosed Findings of Fact and Decision. 2 Memorandum October 22, October 18, Page 5 - Planning 1996 agenda items 1996 Staff recommends that if any of the approved uses includes outdoor storage, then the plan should go back to the Commission because the plan would be changing. For example, a contractor's yard where equipment or materials are stored outside. 8) CLARK HINSDALE, JR. - MULTIPLE USES - SITE PLAN This project consists of converting a 1940 square foot building from personal service use (hair and tanning salon) to a multiple of commercial uses for one (1) tenant. The Commission last reviewed this property on 5/23/95 (minutes enclosed) when a day care use was approved. This day care use was never established. This property at Patchen Road lies within the Commercial 1 District. It is bounded on the east by a duplex on Cottage Grove Avenue, on the south by a video store, on the west by Patchen Road, and on the north by an office building. The applicant is requesting to use the building for one (1) tenant for any of the permitted use listed below. This request is being made with the provision that any use would not require more than 13 parking spaces, would not generate more than 620 gpd in sewer demand and would not generate more than a certain number of vehicle trip ends during the P.M. peak hour. The issue of vehicle trip ends is still unresolved at this time and is discussed later under "traffic." The reason for this request is so the applicant can have the flexibility of changing tenants whose uses fall within the approved sewer, traffic and parking limits without having to return to the Planning Commission each time. When a use is to be changed, the applicant would contact the City Planner and he would review the proposed use to make certain that it does not exceed the upper limits approved by the Planning Commission. Uses being requested are as follows: 12.101 General office 12.102 Medical office 12.103 Retail businesses, not including shopping centers supermarkets, department stores and discount stores 12.108 Radio and television studios 12.109 Personal service 12.110 Accessory uses to the uses listed above. 5 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: October 22, 1996 Agenda Items Date: September 26, 1996 100 DORSET STREET COMPLEX - DORSET STREET 1. Drywell in rear of proposed building should be connected to a inlet. Drywells do not work especially in the winter. 2. Site plan dated August 14, 1996 is acceptable. KEN SMITH PROPERTY - LOTS 25 & 26 - COMMERCE AVENUE Site plan prepared by FitzPatrick-Llewellyn dated April, 1995 is acceptable. HINSDALE PROPERTIES - 10 PATCHEN ROAD Site plan received August 20, 1996 is acceptable. HOWARD COVE MARINE, INC. - SHELBURNE ROAD Site plan received August 29, 1996 is acceptable. SHELBURNE SQUARE - SHELBURNE ROAD 1. Plans must include a north arrow. 2. Site plans prepared by Lamoureux, Stone & O'Leary dated 6/10/96 are acceptable with the north arrow added. RENE J. BERARD - SUBDIVISION PLAN - BERARD DRIVE Subdivision plan dated 8/9/96 prepared by William Chase surveyor is acceptable. M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for October 22, 1996 Agenda Date: September 18, 1996 I have reviewed the listed site plans and my comments are as follows: 1. Hinsdale Properties Dated 8/20/96 10 Patchen Road Acceptable 2. Subdivision/Berard for Ayer Dated 9/4/96 Berard Drive Acceptable 3. Ken Smith Property Dated 8/14/96 Commerce Avenue Project No. 95039 Acceptable 4. Shelburne Square Dated 8/23/96 Holmes Road Extension Project No. 96076 Acceptable 5. Howard Cove Marine, Inc. Dated 8/29/96 1800 Shelburne Road Acceptable 6. Century Partners Dated 8/14/96 100 Dorset Street Project No. 94022-43 Acceptable CITY OF SOUTH BURLINGTON REQUEST TO ACCOUNTS PAYABLE DATE' o(I _ C AMOUNT 5, % D `1 , PAY TO c>( �TYAID &LEti 6 I L So, J6- -!Dtil L 7` d ACCOUNT NUMBER DESCRIPTION OF EXPENSE 16.*j( 1#1f4c7- Fee -- SPECIAL INSTRUCTIONS REQUESTED BY APPROVED ' �. FORM NR-1 I COMPUTATION OF TOTAL NON-RESIDENTIAL IMPACT FEES PROJECT DATA: (1) "EFFECTIVE DATE" G FOR TAX CREDITS: (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS ✓ vph (3) ESTIMATED PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 (From current tax assessment) units (4) TOTAL FLOOR AREA AFTER -- CONSTRUCTION c:' �, �C'? s . f . ( 5 ) TYPE OF USE ( 6 ) TYPE OF CONSTRUCTION IMPACT FEES: (7) TOTAL ROAD IMPACT FEE —C (From Form NR-2) $ lUT I /, FORM NR-2 I COMPUTATION OF ROAD IMPACT FEES (1) BASE ROAD IMPACT FEE RATE PER PEAK HOUR VEHICLE TRIP END $ 221.72 / vte (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS (From form NR-1) vte (3) BASE ROAD IMPACT FEE (1) x (2) $ (4) PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 ( from line ( 3 ) of Form NR-1) J- / /� units (5) CREDIT PER $1,000 OF PRE - CONSTRUCTION VALUE (From Table ST-3) $ ��✓� / unit (6) CREDIT FOR PAST TAX PAYMENTS j- (4) x (5) $ (7) POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (From line (8) on Form NR-3) (8) CREDIT PER $1,000 OF POST - CONSTRUCTION VALUE (From Table ST-4) (9) CREDIT FOR FUTURE TAX PAYMENTS (7) X (8) (10) TOTAL ROAD IMPACT FEE (3) - (6) - (9) Jllf) (l -G units $ unit CVL/, V�e l FORM NR-3 ESTIMATION OF POST CONSTRUCTION VALUE (1) TYPE OF USE (From line (5) on form NR-1) (2) TYPE OF CONSTRUCTION (from line (6) on Form NR-1 (3) TOTAL FLOOR AREA (From line (4) on Form NR-1) (4) ESTIMATED IMPROVEMENT VALUE PER SQUARE FOOT (From Table ST-5) (5) ESTIMATED VALUE OF IMPROVEMENTS (3) x (4) (6) LAND VALUE (From current tax records) (7) ESTIMATED POST -CONSTRUCTION VALUE (5) + (6) (8) ESTIMATED POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (7) / $1,000 s.f. $ /' / s.f. $ % �v 600 flD ,,' J • " / units City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7965 July 16, 1996 Ken Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: 49 Commerce Avenue Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 This is to conform our earlier conversation regarding the additional mezzanine space at 49 Commerce Avenue. You currently have approval for 25,000 square feet of gross floor and may occupy this space in accordance with the stipulations of the approval. Approval would be necessary to occupy additional space beyond the 25,000 square feet currently approved. I foresee no problem obtaining that approval assuming adequate parking is available for the increased square footage. If you have any questions, please give me a call. Sinc ly, 7 R tldl . Belair, Zoning and Planning Assistant RJB/mcp PLANNING COMMISSION 25 AUGUST 1987 PAGE 5 at level "E". Mr. Dickinson said location and they propose adding and signs. Mrs. Maher asked how "E". Mr. Dickinson replied until alternative roads exist.. this is a high accident additional warning beacons long it will remain at level widened or some other Craig Leiner said he is not sure the trip generation method used was the best. He has other concerns that the rates are as much as half the ITE rates. Mrs. Lafleur suggested the Planning Commission not necessarily agree with the proposed improvements but that the City Engineer, Craig Leiner, and the applicant and his traffic consultant get together and come up with a list of improvements and associated costs. The developer would then pay a share of these improvements based on the traffic he is adding to the probelm. Mrs. Maher suggested the Commission review the project every few years to see what is happening. Mr. Sutton of Shamrock Rd. opposed the project on the grounds of the dangerous traffic situation. He said on weekends, Air Guard traffic is so heavy they can't get in or out of their driveway. At least 3 people hit the pole last winter, and there have been many other serious accidents. It is one of the most dangerous intersections in the city. He felt that concessions should not be made at the risk of people's lives. Mr. Audette said he needed to know what will happen soon so he knows what to do with Ethan Allen Road. Mrs. Hurd moved that the Planning Commission approve the final plat of John H. Helter,Jr, for a 21 lot industrial -com- mercial subdivision as depicted on a 10 page.set of plans en- titled "Ethan Allen Farms Industrial Subdivision, Phase 22-4 " prepared �2y Fitzpatrick -Llewellyn, dated February 8, stamp dated August 1 1987 with the following stipula- tions: 1. A landscaping bond for street trees in an amount deter- mined by the City Planner shall be posted prior to any con- struction. A suitable street tree shall be substituted for the Ash. All trees shall be at least 2-1/2 inch caliper, not 2 inch. 2. A bond shall be posted for streets prior to construction. The amount shall be determined by the City Engineer. 3. The following changes shall be made to the plan within 90 days — — — .a. Sewer manhole #9 shall have an 8: stub northerly b. All previously approved lots along the northern PLANNING COMMISSION 25 AUGUST 1987 PAGE 6 side of the new street c. Additional drainage are flat and to limit set of inlets shall have a sewer stub inlets to drain where grades drainage to 300 feet for each 4. An association of landowners to maintain off -site holding ponds and drainage ponds shall be formed. This will not be City responsibility. 5. The developer shall furnish the City with the name of the contractors doing the -street work, the architect and the en- gineer who will stake out and supervise the -work at least 7 days prior to beginning of road construction. upon comple- tion of the work, the architect and/or engineer shall certify that the work is in conformance with the approved plan, stip- ulations and aii-y other requirements and/or changes that the City requests. 6. The existing trees along Shamrock Road bordering lot #41 for a depth of 15 feet shall not be removed. 7. The private drive serving lots 39 and 40 shall be 24 feet wide within a 50 foot right of way- This shall be shown on the plans. 8. A sewer allocation of 6,000 gpd is made for the 20 lots. The $2.50 per gallon fee shall be paid prior to permit. No construction can occur on lots 29 through 41 until capacity is available at the Airport Parkway Treatment Plant. It shall be the responsibility of the developer to see to it that lots 23-28 with on -site sewage disposal hook into the sewer system when it is completed. Prior to approval on 29-41, the pump station shall be in. 9. A plan detailing the location of gas, telephone, elec- tricity, TV cable and street lights shall be submitted for review and approval. 10. Water fittings shall be wrapped with polyethylene where concrete thrust blocks are used. 11. Trees shall be planted at least 5 feet from the water main. 12. Depth of topsoil replacement (4 inches) should be noted on typical detail on page 8. 13. The applicant shall be responsible for paying a share of the required improvements to the intersection or other solutions to traffic and safety problems based on the trips �{j 913f7j PLANNING COMMISSION 25 AUGUST 1987 PAGE 7 generated by these industrial lots. The total cost and scope of improvements shall be established 12y the City Engineer in consultation with the Street Supervisor, City Planner, and «)yam the Regional Planning Commission Traffic Engineer. The share or shall be established by the City Planner in consultation with dp <.7%-O the Regional Planning Traffic Engineer. 14. The developer shall have the option of contributing $15 per linear frontage foot toward the city sidewalk fund or � building,a sidewalk along his frontage on the unnamed new city street.�(it` 15. It is the applicant's responsibility to record the corrected final plat with the City Clerk within 90 days or this approval is null and void. They shall be approved the City Planner and signed by the Chairman or Clerk of the Commission prior to recording. Mrs. Maher seconded. The motion passed unanimously. Following the vote, Mr. Belter resumed his seat on the Com- mission. 5. Site plan application of Orchard Lake Road Properties -for construction of a 96,200 sq. ft. building for light manu- facturing on the 80 acre parcel south of Lane Press, 1020 Hinesburg Rd. Dick Trudell explained the development is on the former Semi - con property bounded by the Interstate and Hinesburg Rd. It was subdivided from the Lane Press property. An agreement exists between Semicon and Orchard Lake Properties for an easement. Peter Pollak, president of the company, said they manufacture high precision electrical equipment. It is a clean industry with no oils, no pcb's. They make their own electric current boards. 90% of their work is custom -build. They employ about 100 people now and plan to hire 75 new employees for this facility. These are mainly skilled jobs. Their ultimate aim is to locate the parent company here. The building will be south of Lane Press with access off the Lane Press road. the Sewer will connect through an easement to the pump station. The building will be completely sprink- lered. 160 parking spaces are provided. Mr. Trudell explained there will be a 3-foot berm around 1 side of the building with some screening from the Interstate. He said it is not their intention to hide the building but to CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone C/l 2) APPLICANT (name, address, phone 3) CONTACT PERSON (name, address, phone 4) PROJECT STREET ADDRESS: 5) LOT NUMBER (if applicable) 6) PROPOSED USE (S) 1 7) SIZE OF PROJECT (i.e. total building square footage, # units,, maximum height and # floors, square feet per floor) /U u•v/%S� I l �r� .d�rr,�� vNn ¢� ST f� 7 &'a �AI�E � �ciuK.._ ✓�C�J� 8) NUMBER OF EMPLOYEES 4,A" 9) LOT COVERAGE: building -,3 %; landscaped areas 3/3 % building, parking, outside storage�•L % 10) COST ESTIMATES: Buildings Landscaping $ Other Site Improvements (please list with cost') $ 11) ESTIMATED PROJECT COMPLETION DATE:_ 191 RGTTMATVn AVFRAng nATT.V TRAWRTr tin aind nut,o, v r Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 12-1p.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. 13) PEAK HOURS OF OPERATION: 14) PEAK DAYS OF OPERATION: DATE OF SUBMISSION DATE OF HEARING SIGNATURE OF APPLICANT C PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 17 ) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible). Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. Existing and proposed curb cuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to or greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9' x 18') with 22 or 24 foot aisles as required. Number and location of handicapped spaces as required. (see Table 26-1 of zoning regulations). Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parking, and outside storage, landscaped areas and front yard. Location of site (street # and lot #). North arrow Name of person or firm preparing site plan and date. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 18, 3.996 Ken Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Six Month Extension, 49 & 53 Commence Avenue Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Please be advised that the South Burlington Planning Commission at their meeting held on December 12, 1995 granted your request for a six (6) month extension to your 6/13/95 site plan approval. This site plan approval now expires on 6/13/96. If you have any questions, JW/mcp please give me a call. Sin eir Wely"__. Jo Weith, Ci y Planner FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive Williston, Vermont 05495 (802)878-3000 TO: Mr. Joe Weith, Planner City of South Burlington 575 Dorset Street South Burlington, Vermont WE ARE SENDING YOU _ Shop Drawings _ Copy of letter DATE 6/22/95 JOB No 95039 ATTENTION Joe Weith RE Ken Smith Property �[ Attached _ Under separate cover via hand -delivered the following items: _ Prints Plans _ Samples _ Specifications _ Change order _ COPIES DATE NO. DESCRIPTION 2 Act 250 Application 2 Ken Smith Property Site Plan; D 1-4 THESE ARE TRANSMITTED as checked below: if For approval _ Approved as submitted _ For your use _ Approved as noted —Resubmit copies for approval _ Submit copies for distribution _ As requested _ Returned for corrections _ Return corrected prints _ For review and comment _ _ FOR BIDS DUE 19 _ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPY TO: SIGNED: / FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 June 21, 1995 Ms. Faith Ingulsrud District Coordinator District #4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 Re: Lots 25 and 26, Ethan Allen Farms Industrial Subdivision South Burlington, Vermont File: 95039 Dear Ms. Ingulsrud: On behalf of our client, Ken Smith, we are herewith making application for an amended Land Use Permit to develop lots 25 and 26 within the previously permitted subdivision. Our client seeks permits to construct a 10 unit, 100'x250' SF single story pre-engineered mixed use industrial / commercial building on existing lots 25 and 26 combined. The Project includes: paved access drives (2), roadway, and parking lot for 65 vehicles; landscaped buffers on all sides of the building; and connections to existing municipal sewer and water lines. The building will be heated with natural gas. The south Burlington Planning Commission recently approved this Project at its June 13th meeting. To assist you and the Commission in your processing of this application, we are enclosing an original and four copies of the following: 1. Application Form 2. Schedule A - Fee Information 3. Construction Fee Checks Totaling $2996 4. USGS Project Location Map and reduced Subdivision Map 5. Schedule B - Act 250 Information 6. Schedule E - Adjoiner Information 7. Schedule F - Certificate of Service 8. Municipal Impact Questionnaire (forthcoming) 9. Supporting letters and documents 10. Engineering and Site Plan Drawings Design 0 Inspection • Studies • Permitting 0 Surveying Ms. Ingulsrud File: 95039 June 21, 1995 Page Two Please let us know if you have questions or need additional material. Sincerely, FITZPATRI K-LLEWELLYN INCORPORATED ohn A. Steele cc: South Burlington Selectman, w/encl. South Burlington Planing Commission, w/encl. Chittenden County Regional Planning Commission, w/encl. Ken Smith Enclosure C 1WPWIN601WPD0CSIJAS195039 L12 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services ACT 250 APPLICATION AND SUBMITTAL PACKAGE LOTS 25 AND 26 ETHAN ALLEN FARMS INDUSTRIAL SUBDIVISION Commerce Street South Burlington, Vermont June 1995 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services ................................................. ACT 250 .file number date received LAND USE PERMIT .[ ] complete [ ] incomplete init. APPLICATION .date completed 10 VSA, CHP. 151 .coordinator or clerk signature: ................OFFICE USE ONLY.................. NAMES: Lf 1. Applicants) name K.P. Smith Address 81 Ethan Allen Drive South Burlington, Vermont Phone 865-3 06 Legal form: [X] individual [ ] partnership (attach list of partners) [ ] corporation: date formed place formed date reg. in Vt. [ ] municipal gov't [ ] state gov't Legal interest in land: [ ] ownership in fee simple [ ] lease agreement [ ] contract to purchase [ ] other: I 2. Landowner(s) name John Belter - Address 2 Country Club Drive South Burlington, Vermont 05403 Phone 863 4471 3. Contact person FitzPatrick—Llewellyn Incorporated Address Une Wentworth Urive Williston, ermon Phone 878-3000 PROJECT DESCRIPTION: 4. Type: [ ] new project [ ] expansion of project previously exempt from Act 250 I [X] amendment of existing Act 250 project (permit 11 4CO643 ) l [X] permit condition modification (permit 11 4C0643-:3;EG-4-1 — I 5. General description (include number and size of buildings; use of buildings; number of lots; length of roads; etc.): Construction of: a 100'x250' single story pre—engineered mixed use industrial building on existing lots #25 (54,183 • i 1=!• - 5 0Tali=Kg111•lmml'd•����q s�.7uu��=����r�•�... �_........_�__..___ _ • • • •- '• E 0=3=1 WrsTeWi-iM@%MSri •. -• = ROW-116MITANW-1•• 6. Construction duration 2 years Duration of Permit Request 30 years LAND: 7. Total acres owned or controlled by applicant and landowner at project site 2.6 Acres in additional easements or rights -of -way 0.9 Acres committed to this project 1.7 Location: town South Burl in on road Ethan Allen Drive route number Nearby landmark Wand VELC owerlines Distance from landmark 0.0 miles Direction from landmark south 8. Deed(s): grantee's name as recorded John H. Belter and'Joyce N. Belter I recorded: book(s) 148 page(s) 225 date(s) May 8, 1979 1� town South Burlington county Chittenden 3/89 : 250APPL.DOC OTHER INFORMATION: �- 9: Are you concurrently applying for a Water Supply and Wastewater Disposal Permit, a Subdivision Permit, or any other permit from the Protection Division of the Agency Iof Natural Resources? V X] yes [ ] no 10. Have you received local zoning and/or subdivision approval? [XX] yes [ ] pending [ ] none needed 11. Attach the following unless waived by the District Coordinator: KX] location map (U.S. Geological Survey map preferred) [X] site plan or plot plan (see instructions) [X] building floor plan(s) (excluding single family homes) [X] building elevation drawings (excluding single family homes) [X] schedule A -.fee information (X] schedule B - Act 250 information (see instructions) [ ] schedule C - Water Supply and Wastewater Disposal Permit information (if concurrent application) ( ] schedule D - Subdivision Permit information (if concurrent application) (X] schedule E - adjoiner information (X] schedule F - certification of service [X] supporting documents as recommended in Schedule B or as needed [X] Act 250 fee (payable "State of Vermont") [X] Water Supply and Wastewater Disposal or Subdivision application fee (payable "State of Vermont") (if concurrent application) �- SIGNATURES: 12. I hereby swear that the information ril d attached to this application is true and accurate to the best m owle Signature of applicant(s) -1 date 13. I hereby certify that I understand that I must not commence construction, demolition, remodeling or commercial use of the prop y as described in Environmental Board Rule 2(C) until I have received -n 25 a Permit as required by 10 VSA Sec. 6083(a). Signature of applicant(s) date 14. I hereby authorize the processing o�thhis lication for the above project on land(s) that I own, control, or h perty interest in. (attach letter if easier) Signature of landowner(s) '1 date DISTRIBUTION: 15. SUBMIT THE ORIGINAL AND FIVE COPIES TO THE DISTRICT COORDINATOR. 16. SUBMIT TWO ADDITIONAL COPIES TO THE DISTRICT COORDINATOR IF YOU ARE ALSO APPLYING FOR PERMITS FROM THE PROTECTION DIVISION. 17. SUBMIT ADDITIONAL COPIES TO THE MUNICIPALITY, MUNICIPAL PLANNING COMMISSION, REGIONAL PLANNING COMMISSION, AND TO ANY ADJOINING MUNICIPALITIES AND PLANNING COMMISSIONS. I SCHEDULE A Fee Information ACT 250 Submit with the application a check payable to the "State of Vermont". IMunicipal and state agency projects are exempt. Not -for -profits are not exempt. Calculate the fee using the following table: 1) Number of lots to be created 1 x $50.00 = $ 50.00 2) Gravel Pits: $.10/cubic yard of the estimated annual extraction rate 3) l 4) Construction costs (include only common facilities for subdivisions): Site preparation $ 2000 Buildings: a) sq. ft. 25,000 b) $ per sq. ft. 26 total (a x b) $ 650,000 Roads and parking $ 35,500 Utilities $ 2,500 Off -site improvements $ - 0- Landscaping $ 15,000 other $ I * Minimum fee of $100 for new applications Minimum fee of $25 for amendment applications Treat expansions of approved projects as new applications I SUBDIVISION PERMIT/WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT Submit with the application a check payable to the "State of Vermont" if you are concurrently applying for a Subdivision Permit or Water Supply and Wastewater Disposal Permit from the Protection Division of the Department of Environmental Conservation,'Agency of Natural Resources. Calculate the fee from the following table: I Subdivisions: $150 per lot $ 50 per deferred Public Buildings, Campgrounds, Mobile Home Parks: (waste water flows)* lot $.36 per gallon of design flow with a $100 minimum With request for 3000 gpd, fee would Fee attached $ 1130 be 50+3000 gpd x $0.36/gal = 1130 I* contact the Regional Engineer for the Protection Division if uncertain I attest by my signature that the above is r o th of my knowledge: (si a re of applicant or agent) 8/93 I(a)SCHEDA.DOC SCHEDULE E Adjoiner Information Submit with the application a list of all adjoining landowners with mailing addresses. An "adjoiner" is a person or organization which owns or controls land or easements on lands which physically abut the tract or tracts of land on which your project is located. Be certain to include landowners on the opposite sides of highways, railways, and rivers (unless r you can prove the highway is owned in fee by the state or municipality). Also include homeowner associations, utility companies, and others with I significant legal interest in the project land. It is very helpful if you indicate the location of each adjoiner on your site plan. I If you do not provide a list which is thorough and up-to-date, your application could be delayed because of improper notice distribution! NAME MAILING ADDRESS WITH ZIP CODE 1 John Belter 2 Country Club Drive South Burlington, Vermont 05403 Attach additional sheets if necessary 3/89 : SCHEDE.DOC SCHEDULE F I Certification of Service ` You are required by Section 6084 of 10 V.S.A. to send notice and a copy of your application to the municipality, the municipal and regional planning commission in which the land is located and any adjacent Vemont municipality, municipal or regional planning commission if the land is located on a boundary on or before the date of filing yuor application with the district commission. In order to verify that the statutory parties to the application have I received copies of the application and thus avoid delay caused by improper distribution of the application, have a representative of the parties sign this form when they receive the application. You may, in the alternative, send copies of the notice and application by Certified U.S. Mail and list Ithe names below. Applicant(s) Name ` I, the undersigned, have received a copy of an Act 250 application for the above applicant(s). Ifor the selectmen, aldermen, or trustees date for the municipal planning commission date for the regional planning commission date for an adjacent municipality, if any* date for an adjacent planning commission, if any* date for an adjacent regional planning commission, date if any* I hereby certi at I have forwarded a complete copy of this application to each f e ar n led to notice pursuant to 10 V.S.A. Section 6084. �Qr Applicants)/Agent Signature Date >� Attach additional sheets if more than one town is adjacent to the project lands. 3/89 : SCHEDF.DOC BURLINGTON QUADRANGLE ( VERMONT-CHITTENDEN CO. 7.5 MINUTE SERIES (TOPOGRAPHIC) yy�+ 1 NW/4 BURLINGTON IT IQUADRANGLE ORNER 6.6 MI. ESSEX JUNCTION 2.5 MI, WINOOSKI 3.3 MI. o I lo' ' 330000 FEET 73�07'30" R"' �`ar,' „%�N"!� ( z`� F ]r' 44030' •15 �' MILITARY . ,Quarry — e oir • J/annny � St Micha o egeta �/—F _ S E X o • C .. l.• I •;in /�. •� itl \ :7. � a i c: - r � `"�\ � `� � s"r ti F�TRJI� •'�j j \i\ /l, �• f �a y� i,--== •�` - 1 1 1 u ° j F +p� Li, 1 I �(��� }�� 7 ?���b �? ii n ;l •ter': W U . v Y\ <1 ONE �� - -- - // " "// ry \ • N 11� EI?M \ti% OSK_I y �bar cP •t_ I c -r - / ti `� i� � • r, �, /lI' nl JAI r'/ .\ C`` Jam; 1�\� .Co,hme • {���,; �_ Quarry5i` r - — Uat IVER IN ATIO AIRP •I -ao^) „1, 720000 FEET •South--- urlingt nSe Cem JN ' N w d Q C`���� • 4925 +� • \ • 4L i O \� -� .�• Wind ill' 0 � U �s.IW rr' �•! vn- c.. ¢�--�\ r-- A u , 120.0' 120.0' I T os . � uu'ir►,,,ece�.o.T 11.1:• LOT zl IGSSoI u J I T.: I aly 215vo P ' '_�. ` > / I � r \� Aso• I •Z �,. �"'' � �� �T� � — -- —ram 1 / at zlao �� 4O I �jo" zlt-oo I i Q_ ; ►huT. 44 \\ I �•(1 I/ Alit [r S•FI''?2'ri0• I it � .wiv � j3. t'oe� y '� � .P Q'•e�, l.. r 0 o \ _ sir;..weQoJ7 ems; f "I _ I Z l3 1'�' �o•E ', --- c'Tti+eJ QLLE.1 va.ve A oo L1 T1oI.A - I ! lk JS J� l fg C Io ; N1 L _ 1 D�iFFz a .a pj Ex I,TI►1� © ` PQo POgap CC310 �C.14.sIN IJOY b•oo•v -�- oT _ \ I FoQ o¢7sIL sat �aw� - '— -•- ��.�.o.l: � M.r, as7 ,'TOE aoT Rsv.,<.ou I ju" flee locw CO-kwA E. "m a.Do PLATYMm �Y I RCVI�K.IJ� ex Am.- Ix /M. J 1 R1Yp.Owi. b ,may- Wes R•E 1a APPRCW SCALE.' /' 200' _ �ev..,ow• - i.eac.. ,qw Ate p .v -~tY PROS Aoj. fop 100 a aw 4w — Cl.i1S ION: Z10iGarrat 11a1 AD,, soo to . y1o..; Za .ioveitaa. Mal ADD a•ev1S.o..l: to NOvaM�C MS-1 In7LffY [AaC1►.auT ttJ+slol.7: �jaWTE�Dce M07 A,�v R7-vfzx>,1• 3EP7F+VER 1907 Qcvi • QFv1S1O /W- ;U'ST 15157 Jtlp•,Isx-� Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 2 Project Description Combine lots #25 (54,183 SF) and #26 (58,062 SF) into a single 112,245 SF (2.6 acres) lot. Construct a 100'x250' single story pre-engineered multi -use industrial building to house approximately 10 leasable spaces ranging in size from 1250 SF to 5000 SF. Possible uses may include research laboratories, light manufacturing, literature distribution, tool storage, HVAC contractor, furniture repair, landscape contractor, sign maker, plumbing contractor, package delivery. The adjacent paved area includes 65 car parking area, driveways, and loading areas and will be partially screened by front, side, and rear yard landscaped buffers. The Project will be served by existing municipal sewer, water, and park access road. The building will be heated with natural gas and lighted with 20' high wall mounted 70 watt HP Sodium luminaires. Criterion # 1 : Air Pollution. Demonstrate that the project will not create undue air pollution: a) If the project involves MANUFACTURING or industrial processes, describe any process air emissions, odors, or sources of noise and measures proposed to control them. RESPONSE: Proposed multiple uses include warehousing, wholesale storage and distribution, and similar low impact small scale uses ranging in size from 1250 to 5000 SF of floor area. b) If buildings will be heated, describe the fuel source and the heating system. RESPONSE: Heating will consist of natural gas -fired systems including hot air or water. c) Is an air pollution control permit from the Agency of Natural Resources required for a) or b) above? If yes, what is the status of your application? RESPONSE: No permit required. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 3 d) Indicate how dust will be controlled during and after construction. RESPONSE: Water or calcium chloride to be applied as needed at the discretion of the contractor. e) Indicate what restrictions will apply to the hours of construction and/or operation and how noise will be controlled, especially in residential areas. RESPONSE: No restrictions since the project does not abut residences. f) If the project involves any of the following, check them and contact the Air Pollution Control Division of the Agency of Natural Resources at 244-8731 for further direction: [ ] parking for more than 1, 000 vehicles (existing and proposed), (] fuel burning equipment with over 10 million BTUs/hour, [ J coal burning equipment. g) If the project involves radioactive materials, check here J and contact the District Coordinator for further guidance. Criterion 1 B) Waste Disposal. Demonstrate that the project will meet any applicable health or environmental conservation department regulations regarding the disposal of wastes and demonstrate that the project will not involve the injection of wastes or toxic substances into ground waters: a) Describe any method of sewage disposal to be used and how sewage will be treated and isolated from ground waters. (Show location of treatment systems and piping on site plan.) RESPONSE: The Project will connect with municipal sewer via 6" line installed to City and State specifications. Refer to engineering plans. b) How many gallons of sewage per day will the treatment system be designed and/or approved to handle? RESPONSE: No more than 3000 gpd or the combined allocations for lots 25 and 26. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 4 c) If an on -site sewage treatment system is to be shared by more than one owner, indicate how it will be maintained and who will be legally and financially responsible for its eventual replacement? (Attach copy of deed restrictions, etc.) RESPONSE: Not applicable. d) If a municipal sewer is to be used, provide the name of the municipal sewage treatment plant and demonstrate that the plant has the capacity to accommodate your project. (Attach a letter from the municipality.) RESPONSE: South Burlington's Airport Parkway sewage treatment plant. e) Is a Water Supply and Wastewater Disposal Permit or a Subdivision Permit required from the Protection Division of the Agency of Natural Resources for the sewage disposal system? X Yes or _No? IF YES, AND YOU ARE APPLYING FOR THAT PERMIT WITH THIS APPLICATION, BE CERTAIN TO ATTACH SCHEDULE "C" OR "D'; THE NECESSARY TECHNICAL INFORMATION LISTED ON THEM, AND THE ADDITIONAL FEE TO THIS APPLICATION AND SUBMIT TWO ADDITIONAL COPIES OF THE APPLICATION PACKAGE. f) Are you relying on a Water Supply and Wastewater Disposal Permit or Subdivision Permit to satisfy this criterion? X Yes of _No? IF YES, NO DECISION WILL BE ISSUED UNTIL THAT PERMIT IS OBTAINED AND FORWARDED TO THE COMMISSION. IF NO, AND YOUR PROJECT INVOLVES SEWAGE DISPOSAL, CONTACT THE DISTRICT COORDINATOR FOR FURTHER GUIDANCE ON WHAT ADDITIONAL INFORMATION TO SUBMIT. g) Indicate how stormwater runoff will be disposed of without causing undue water pollution from litter, oil, salt, pesticides, and the like. (Show grass swales, ditches, catch basins, culverts, and other drainage improvements on site plan.) RESPONSE: Stormwater runoff will be disposed of by existing overland flow patterns. Treatment of stormwater runoff will be by overland flow through vegetated terrain and stormwater detention pond. Refer to plans. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 5 h) Is a Stormwater Discharge Permit required from the Water Quality Division of the Agency of Natural Resources for the discharge of the stormwater into a stream, river, lake, or municipal storm drain? _Yes or X No? If yes, what is the status of your application? RESPONSE: A letter of determination from the ANR has been requested and is forthcoming. i) If the project involves manufacturing or industrial processes, describe what they are, indicate how any wastewater generated will not contaminate ground or surface waters, and indicate whether all necessary discharge permits have been obtained. (Show location of any discharges on site plan). What is the status of your application? RESPONSE: Not applicable. The project does not involve manufacturing or industrial processes beyond existing permits and allocations. j) If storage of oils, fuels, chemicals, cleaning fluids, solvents, batteries, pesticides, or other hazardous materials are associated with this project, indicate what measures will be taken to protect against spills and leaks, especially in a sensitive area such as a municipal watershed or near wells or streams. (Show location of storage on site plan and include details of storage containers, fill pipes, leak detection equipment, containment structures, employee training, etc.) RESPONSE: Small amounts of hazardous material may be stored on site. They will be stored and contained in a matter consistent with all applicable rules, regulations and laws. k) Is a permit from or registration with the Hazardous Materials Division of the Agency of Natural Resources required for the storage listed in j)? _Yes or X No? What is the status of your application? RESPONSE: No permit required. 1) Indicate how construction debris, including stumps, will be disposed of without creating water pollution. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 6 RESPONSE: The proposed development does not require clearing of trees. Construction debris will be disposed of off site in the regional landfill. Temporary erosion control measures include silt fence and staked hay bales as shown on the plan. Criterion 1 C) Water Conservation. Demonstrate that the project will use the best available water conservation technology: a) Would you agree to a permit condition which reads: "The permittee and all subsequent owners shall install and maintain only low -flow plumbing fixtures in any building, including toilets with flows not to exceed 3.5 gallons per flush, faucets with flows not to exceed 3.0 gallons per minute or which have automatic shut off valves and showerheads with flows not to exceed 3.0 gallons per minute." X Yes or _No? If no, indicate why and what water conservation measures will be taken. RESPONSE: Condition 11 in the original Land Use Permit acknowledges the intent to comply with this permit condition. b) If the project involves significant use of water for manufacturing or other processes, indicate what measures will be taken to conserve water (include recycling, efficient machinery, etc.) RESPONSE: This project does not involve significant amounts of water used for manufacturing or other processes beyond the 450 gpd per lot in the initial Land Use Permit. The South Burlington Water Department has confirmed that an estimated demand of up to 3000 gpd can be met by the existing water distribution system. See attached letter. Criterion 1 G) Wetlands. Demonstrate that the project will meet applicable Water Resource Board Regulations regarding any impacts on designated significant wetlands: a) Indicate the location of any wetland areas on or near the project site and the distance to the closest disturbance. (Show location on site plan.) RESPONSE: Open Class III wetlands exist on the south end of the site and will be avoided during and after construction. Refer to site plan. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 7 b) Indicate how any wetlands and the lands along the wetlands will be maintained consistent with the Water Resource Board regulations, if applicable. (Show undisturbed buffers, erosion controls, isolation distances to any sewage systems, etc. on site plan.) RESPONSE: The Class III wetland does not appear on NWI Maps and therefore is not subject to the State Wetland Rules. The current site plan avoids the wetland. c) If the wetland regulations do not apply to any wetlands associated with your project, be certain to address the value of the wetlands under applicable criteria including 1 E (streams), IF (shorelines), 4 (soil erosion), 8 (scenic beauty), and 8A (wildlife habitat). Criteria 2 and 3) Water Supply. Demonstrate that the project has sufficient water available for its needs; and that the project will not cause an unreasonable burden on an existing water supply. - a) Describe the source(s) of domestic water which will be utilized for the project. (Show location of wells, springs, piping, etc. on site plan.) RESPONSE: Water will be piped to the site via 4"-6" water service off an existing 8" South Burlington water main. b) How many gallons of water per day will be needed? How was this figure determined? RESPONSE: No more than 3000 gallons per day, based on 60 people using 15 gpd/person in addition to the stated mixed use / manufacturing processes. c) Demonstrate that the source listed in a) will be of sufficient quantity to meet the daily needs (include nearby well information, pump test results, letter from municipal or private water company, hydrologic study, etc.) RESPONSE: South Burlington and Champlain Water District have indicated that the estimated demand of 3000 gallons per day can be met by the existing water distribution system without encumbering the existing users. See attached letter. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 8 d) If a domestic water source is to be shared by more than one owner, indicate who is legally responsible for its maintenance and possible replacement. (Attach copy of deed restrictions or other evidence which will ensure continued maintenance.) RESPONSE: Not applicable. e) Is Health Department approval necessary for a shared water system or extension of a municipal water line? _Yes or X No? If yes, what is the status of your application? RESPONSE: Not applicable. f) Describe the source of any commercial or industrial water supply (if different from above) and demonstrate that water exists in sufficient quantity for the needs of the project. (Show details on site plan). RESPONSE: Not applicable. g) Demonstrate that the use of any of the water sources listed in a) or t) above will not restrict the flow of water to other existing users. (Include location and distance to nearby wells or springs, nearby well information, pump test results, letter from municipal or private water company, hydrologic study, etc.) RESPONSE: The project will not adversely affect supply or restrict flow to the existing water users. See attached letter. h) If there are any community wells nearby (for example, in mobile home parks, condominium projects, high density subdivisions, etc.) which might be affected by your project, contact the Health Department to see whether their review is necessary. If their review is necessary, attach a review letter if available. Criterion 4) Soil Erosion. Demonstrate that the project will not cause unreasonable soil erosion; and will not cause a reduction in the capacity of the land to hold water so that no dangerous situation results: a) Describe the topography of the project site, the proximity of sloping lands to water bodies and property boundaries, and the potential for soil erosion. (Show contours on site plan in five foot intervals.) (Show precise limits of soil disturbance on site plan.) FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 9 RESPONSE: The buildable portion of the site consists of a flat to moderately sloping (2-10%) field that sheet drains to northwest and southeast of a high spot in the middle of the site. Beyond this plateau water from the southern half of the site flows over and down a 10 foot high 3:1 embankment to a low wet area within the utility easement. b) Indicate what erosion control measure will be taken during construction to prevent eroded sediment from reaching a water body or adjoining property. (Include hay bale dams or silt fences, daily mulching, diversion ditches, sediment basins, etc.) (Show details on site plan.) RESPONSE: Runoff during construction will be controlled with hay bales and silt fencing as indicated on the plans. c) Indicate what permanent erosion control measures will be taken after construction to stabilize the site from continued erosion. (Include stone -lined ditches, grass swa/es, paving, rip -rap, seeding mixtures, etc.) (Show details on site plan.) RESPONSE: The existing sheet drainage pattern will not be altered. Disturbed areas will be reseeded as per erosion control plan and "Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites". d) If exterior site work or earth moving will occur between October 1 and April 15, indicate what special erosion control measures will be taken to stabilize bare soils through the winter months. RESPONSE: The erosion control plan incorporates measures to regulate movement of a water -borne sediments during the wither months, according to recommendations outlined in "Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites". e) How frequently will the erosion controls be inspected during construction and who will be accountable for their maintenance? RESPONSE: The contractor is responsible for inspection and replacement of erosion control measures. Inspections will occur weekly or on an as -needed basis. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 10 f) Indicate what percentage of the project site will be covered with buildings, roadways, parking areas, or other areas impervious to water. (Show on site plan.) RESPONSE: Total site 112,245 SF. Lot coverage: Building - 25,000 SF (22.3%), Parking and Roads 52,095 SF (46.4%); Green area 35,150 SF (31.3%). Total coverage : 77,098 SF (68.7%). g) Demonstrate how the increased rate of stormwater runoff from these areas will not create a dangerous or unhealthy situation for adjoining property owners or downstream areas due to stream bank erosion or flooding. (Show drainage swales, culverts, and retention basins on site plan.) RESPONSE: The permeable soils at the southerly end of the site bordering the wetland provide infiltration. The proposed detention -sedimentation pond will attenate runoff. h) If the project involves the construction of a permanent dam, check here ( ] and contact the District Coordinator for further guidance. Criterion 5) Highways and Other Means of Transportation. Demonstrate that the project will not cause unreasonable congestion or unsafe conditions with respect to the use of highways and other means of transportation: a) b) Indicate where vehicles will have access to a state or local highway from this project. (Show location on site plan and on site location map.) RESPONSE: Two 24' wide paved entrance roads will connect the project with 30' wide Commerce Street, a City Street. Describe the design of the driveway(s) or road intersection(s) and demonstrate adequate safety (include number of lanes, traffic controls or signals, approach grades, sight distances in each direction along the state or local highway, legal speed limits, etc.) (Show details on site plan.) RESPONSE: The proposed 24' wide asphalt driveways intersect the paved, curbed Commerce Street at a 900 angle. Sight distances in both directions exceed the minimum distances required for the Park's looped access road. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 11 c) Is a permit required from the Utilities Division of the Agency of Transportation for commercial or residential access onto a state highway? _ Yes or X No? If yes, what is the status of your application? RESPONSE: No permit is required. d) Is a permit required from your municipality for access onto a town or city highway? X Yes or _No? If yes, what is the status of your application? RESPONSE: The acquired zoning approved serves as an access permit. e) If a roadway is involved, indicate the length of the road and the maximum gradient. RESPONSE: Not applicable. f) If a subdivision roadway is involved, is it likely to be turned over to the municipality? _ Yes or _ No? If yes, will the road be built to municipal specifications? _ Yes or _No? Is the municipality likely to accept the road? _ Yes or _ No? (Include the letter from the municipality confirming this.) IF YOU ANSWERED NO TO EITHER QUESTION, BE CERTAIN TO ADDRESS CRITERION 9G (PRIVATE UTILITIES). RESPONSE: Not applicable. g) Demonstrate that emergency vehicles and trucks will have sufficient access into the project site and can easily turn around. (Show details on site plan.) RESPONSE: The City Fire Chief has reviewed the site plans and has stated that the project will not create any unreasonable burden in providing fire and rescue services. See attached letter. h) Demonstrate that adequate parking for peak periods will exist for the project. (Show details on site plan.) RESPONSE: Based on the proposed uses, an estimated 60 employees, and peak traffic demands, the Planning Commission has approved a 65 space parking plan. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 12 i) Demonstrate that the traffic associated with the project will not create unreasonable congestion or unsafe conditions on nearby highways or nearby intersections (include traffic counts during peak hours, measurements of delays in entering intersections, recommendations of traffic engineer, etc.) RESPONSE: Based on a maximum of 60 employees, the estimated daily traffic load is 168 AWVTE. Peak hours of operation are 8 am to 5 pm. The am peak is 30 VTE; the pm peak is 24 VTE. Peak days of operation are Monday through Friday. j) If the project involves or may affect a railroad, airport, or other means of transportation not addressed in a) through 1) above, check here J and contact the district Coordinator for guidance. RESPONSE: Not applicable. Criterion 7) Municipal Services. Demonstrate that the project will not cause an unreasonable burden on the ability of local governments to provide municipal or governmental services: a) Demonstrate that the local fire department can provide fire protection services without significant hardship (include municipal impact form attached to the application, letter from fire department, etc.) RESPONSE: The internal site circulation plan was designed to provide adequate ingress and egress for emergency vehicles. See attached letter from Fire Chief. b) Is a Public Building Permit for electrical wiring and fire protection required by the Department of Labor and Industry? X Yes or _ No? If yes, what is the status of your application? RESPONSE: Application to be submitted by applicant. c) Demonstrate that the local police department, constable, or state police, can provide police services for the project without unreasonable burden (include municipal impact form attached to the application, letter from police department, etc.) FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 13 RESPONSE: A letter from the South Burlington Police Department is not required by original L.U.P. #4C0643. d) Demonstrate that sufficient solid waste disposal capacity exists at a local landfill, transfer station, or incinerator to meet the needs of the project (include municipal impact form attached to the application, letter from landfill operator, copy of state landfill certification, etc.) RESPONSE: South Burlington's solid waste needs are being met by Chittenden County Solid Waste District. e) Demonstrate that the municipality, or a volunteer organization serving the area, can provide rescue services for the project without significant hardship. (include municipal impact form attached to the application, letter from rescue squad, letter from town, etc.) RESPONSE: See attached letter from the fire chief confirming the Department's ability to service this project. f) Indicate what mitigation measures are proposed with the project to offset any significant hardships on the municipal services indicated above (include impact fees, phasing schedules, etc.) RESPONSE: The Planning Commission reviewed and approved this Project at its June 13, 1995 meeting. A completed Municipal Impact Questionnaire is forthcoming. g) Describe any potential impacts to services provided by adjacent municipalities as well as appropriate mitigation measures. RESPONSE: South Burlington and the adjoining municipalities provide and maintain their own services. The City is a member of the Champlain Water District. The City Water Department has confirmed that the project demand for water can be met. See attached letter. Criterion 8) Scenic Beauty, Historic Sites. and Natural Areas. Demonstrate that the project will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare or irreplaceable natural areas: FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 14 a) Describe the visual appearance of the project site and surrounding area as it exists without the project (include open areas, wooded areas, mountains, ridgelines, wetlands, streams or shore lines, existing structures nearby, etc.) (Show existing features on site plan.) RESPONSE: The two acre flat to moderately sloping 2 to 10% open field covers 76% of the 2.6 acre site and abuts the combined 200' wide GMP - VELCO powerline easements to the south. Wooded areas border the site on the south and southeast sides with an open wetland area on the south end of the site. Project construction and operation will not adversely impact this wetland. Existing commercial buildings to the west partially screen the proposed building site from Airport Parkway. b) Demonstrate that the project's visual appearance from a highway, community center, or nearby residences is consistent with the visual appearance of the existing area as described in a) above: i) Demonstrate that the project use (residential, retail, industrial, etc.) is consistent with the existing or planned land uses in the area. Will the project generate any significant noise related impacts during and/or after construction? if so, what mitigating efforts are being proposed? RESPONSE: The proposed multi -use warehouse, wholesale storage and distribution building is compatible with the existing mixed industrial and commercial district and the existing Ethan Allen Farms Subdivision approved under Permit #4C0643. No significant noise related impacts are anticipated. ii) Demonstrate that the building size, density, and location are not out of character with the terrain of the site, the size of the nearby buildings, surrounding vegetation, and nearby scenic vistas from highways or community centers. (Show details on site plan). RESPONSE: The 23' high 100'x250' pre-engineered steel building and its low angled roof pitch are consistent with commercial development in this area. Due to the half mile distance from Airport Parkway, existing commercial buildings, mature trees and the proposed landscaping, the new building will be well -screened from Airport Parkway. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 15 iii) Demonstrate that the architectural style and building materials and colors are not out of character with the style of area buildings (provide drawings of building). RESPONSE: The simple rectangular design, low profile, ribbed siding, earth tone colors, and galvanized roof,are in keeping with the style of other buildings within the Ethan Allen Farms Industrial Subdivision. iv) Demonstrate that parking areas are designed to minimize their visibility from the highway or nearby residences. (Show on site plan.) RESPONSE: 65 parking spaces adjacent to the building will be partially screened by proposed landscaping and the existing buildings. v) Demonstrate that any project signs are designed to minimize their visual impact on the surrounding area (include size, illumination, and colors). (Show location on site plan.) RESPONSE: One 8' high free standing 4x8 vertical externally lighted wood sign is located in the front yard. There will be one 10 square foot "wall sign" per business on the east and west building elevations. vi) Demonstrate that any exterior lighting is designed to minimize its visual impact on the surrounding area at night, and that it will not glare into the highway or nearby residences (include size, wattage, fixture style, and pole height.) (Show location on site plan and include manufacturer's specification sheet.) RESPONSE: Lighting will consist of thirteen 20' high wall mounted 70 watt HP Sodium type FM rectangular low angle cutoff luminaires. Refer to lighting cut sheet. vii) Demonstrate that any utilities (propane tanks, trash dumpsters, electric distribution lines and poles, etc.) are designed to minimize their visibility from the highway or nearby residences. RESPONSE: Utility services will be underground. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 16 viii) Indicate what additional landscaping will be added to the project site to minimize any of the visual impacts discussed above. (Show details on site plan.) RESPONSE: Evergreen and deciduous trees and shrubs planted in the front yard and along the property lines will minimize visual impacts. ix) Indicate if any restrictions on tree cutting or earth disturbance will be used to minimize any of the visual impacts discussed above. (Show details on site plan.) RESPONSE: Not applicable. c) Will the project have a significant impact on a historic site identified by the Division of Historic Preservation? _ Yes or _No? If yes, what measures will be used to minimize or mitigate the impacts? RESPONSE: February 11, 1988 Findings of Fact, Page 9 #4C0643-3 state: "that the subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites of rare and irreplaceable natural areas". d) Will the project have a significant impact on a designated rare or irreplaceable natural or fragile area on or near the project site? RESPONSE: February 11, 1988 Findings of Fact, Page 9 #4C0643-3 state: "that the subdivision will not have an undue adverse effect on the scenic of natural beauty of the area, aesthetics, historic sites of rare and irreplaceable natural areas". Criterion 9F, Energy Conservation. Demonstrate that the project reflects the principles of energy conservation and utilizes the best available technology for energy efficiency. a) If the project involves commercial, institutional, or industrial buildings, indicate what measures will be used to conserve energy (include details on insulation, windows and doors, heating and ventilation, lighting, etc.) FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 17 RESPONSE: Pre-engineered steel building will be constructed with: R10 foundation, R-19 sidewalls, R19 roof (6" vinyl -backed insulation), weather stripped insulated exterior doors, double -glazed windows with thermo-break frames, and florescent lights with electronic ballasts. b) If the project involves commercial, institutional or industrial buildings, demonstrate that electrical use has been limited to those uses for which no alternative energy source is reasonably suited. RESPONSE: Industrial heating systems will be gas -fired forced hot air. Electrical use will be limited to those uses for which no alternative energy source is reasonably suited. c) If the project involves a residential subdivision or condominiums, would you object to a permit condition which reads: "The permittee and all subsequent owners shall install and maintain energy conservation measures in any heated structures, including insulation with an R-value of at least R-19 in the exterior walls, at least R-38 in the roof or cap and at least R-10 around the foundation of slab, with double pane glass or storm windows and insulated doors. " _Yes or _No? If yes, indicate why and what energy conservation measure will be required. RESPONSE: Not applicable. d) If the project involves a residential subdivision, condominiums or a commercial development, would you agree to a permit condition which read: "The installation of electric resistance space heating equipment in any building is expressly prohibited without prior District Environmental Commission approval"? - Yes or No? If no, indicate why and why more efficient forms of energy cannot be used for space heating. RESPONSE: Not applicable. Criterion 91) Public Utilities. Demonstrate that the project will not place an excessive or un-economical demand on any necessary governmental or public utility facilities or services: FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Lots 25 and 26 Ethan Allen Farms Subdivision Commerce Street South Burlington, Vermont Page 18 a) Indicate what governmental services or public utilities services are needed and demonstrate that such services can be provided without undue burdens. RESPONSE: Police, fire, and municipal government services are required. The enclosed letters from the appropriate public and private utilities demonstrate that services can be provided without undue burden. b) If the project involves commercial, institutional, or industrial uses, indicate how electrical use will be minimized during peak periods of energy demand in the service area for the utility (include major sources of energy usage, letter from the utility serving the project, etc.) RESPONSE: Electrical use will be minimized through individual efforts of each tenant. A letter from Green Mountain power is forthcoming. c) If any utility lines cross the project site other than along the highway, demonstrate that the utility lines will not be significantly affected (include letter from utility company.) (Show utility lines on site plan.) RESPONSE: The Project will not adversely affect the existing powerlines or their maintenance. Letters from GMP and VELCO are forthcoming. Criterion 9K)Publ.ic Investments. Demonstrate that the project will not endanger any adjacent public investment: a) If any public facilities or lands are located adjacent to or on the project site, demonstrate that the project will not significantly affect those facilities (include highways, parks, schools, fire stations, sewer lines, etc.) RESPONSE: The Project will not significantly affect the power line easements or adjacent public investment. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services 5nuth TS urlingtnn ,+dire '43 epartin.ent 575 iBuroet _--'�trert 1 tnuth Nurlingtnn. Igermnnt 05403 E(802) 658-7960 May 26, 1995 John A. Steele Fitzpatrick -Llewellyn Inc. 1 Wentworth Drive Williston, VT 05495 MY 3 0 1995 FITZPAl'RIC ;-1 LE Gonsulling Enginee.c, Re: Lots 25 & 26 Ethan Allen Farms Industrial Subdivision Commerce Street, South Burlington, VT File: 95039 Dear Mr. Steele: Having reviewed the above referenced site plan, I have determined that the proposed project will not create any unreasonable burden in providing fire and rescue services. The plan is acceptable with one (1) requirement. Due to the length of the building and the location of the nearest hydrant, one (1) additional hydrant is needed to be located at or near the r south end of the parking lot. I would prefer that the hydrant be I installed on the east side of unit 5. Other than the additional hydrant, the plan is acceptable. Sincerely; Wallace Possich Fire Chief WP/peh E CE rt P,V! JUN 1995 CITY OF SOUTH BURLINGTON WATER DEPARTMENT fr:COi;;-,;�� 403 QUEEN CITY PARK ROAD CcnaU1,irg SOUTH BURLINIGTON, VERMONT 05403 TEL. 802-864-7454 Fitzpatrick -Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 June 19, 1995 RE: Act 250 Review: Lots 25/26 Ethan Allen Fanns, Commerce Street, So. Burlington, Vt. Dear Mr. Steele: In response to your request as to the capability of the South Burlington water distribution system to supply water to the above referenced project I submit the following. 1. The estimated demand of 3000 gallons per day can be met by the existing water distribution system without encumbering the existing users. If you have any questions or I can be of further assistance please do not hesitate to call me. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT John Choate Manager cc: J. Fay J. Weith Project Revised 6/15/95 RECEIVED NA Y FfTZf ,,60 , K-LLEiVELLYN vi3hPC -ATEp vermniGm Gonsuh"12 Erginrers P.O. Box 467, Burlington, Vermont 05402 802-863-4511 May 25, 1995 John Steele Fitzpatrick -Llewellyn Inc. One Wentworth Dr Williston VT 05495 Re: Lot 25-26 Ethan Farms Industrial Subdivision, Commerce St, So Burlington, VT Dear John: Vermont Gas Systems will be pleased to serve the above referenced project. Our existing distribution systems, as well as existing gas supplies, are adequate to serve the project as described. We encourage you to contact us before the design process proceeds for information on our energy efficiency programs. Financial incentives to encourage efficient design and installations maybe available to the project. Conservation program information is available by contacting Karen Horne of our DSM Department ext 320. Application for gas service and other engineering and design information should be made to me. Please don't hesitate to call if you have further questions. cc: Mike Poirier Sincer3$y, B geron ier 'al Representative Vermont Gas Systems, Inc. recycledpaper NYNEX P.O. Box 449, Burlington, VT 05402 NYNEX ENGINEERING DEPARTMENT May 25, 1995 Fitzpatrick -Llewellyn Incorporated One Wentworth Drive Williston, Vermont 05495 �V) \J J MAY 5 0 1995 is:C.0 =GR�l Eb Project: Lots 25 and 26 Ethan Allen Farms Industrial Subdivision Commerce Street . South Burl:ngtcn ''ern:ont "a � Dear Mr. Steele: NYNEX - Vermont Engineering received notice of the proposed 10 unit commercial space planned for Lots 25 and 26 Ethan Allen Farms Industrial Subdivision on Commerce Street in South Burlington, Vermont. NYNEX welcomes the opportunity to provide telecommunication services to new customers. Our commitment is to provide quality and timely public access to the local and long distance telephone/information network. Please provide me with your schedule when it is finalized. My telephone number is 863-0823. Sincerely, �0", Gary Sundberg Engineer cc: H. Norton Outfile Just call us ... NYNEX. Q NYNEX Recycles GREEN MOUNTAIN POWER CORPORATION GREEN MOUNTAIN DRIVE • P.O. BOX 850 • SOUTH BURLINGTON, VT 05402-0850 • (8o2)864-5731 ���fVED JUIN U 7 1995 June 6, 1995 h7A-P ,1'R,rK_LLEYVELLYN tNCOIRPORATED Conauhing Enginesrs Mr. John A. Steele Fitzpatrick - Llewellyn, Inc. One Wentworth Drive Williston, VT 05495 Dear Mr. Steele: We have reviewed your letter of May 24, 1995, which requests Green Mountain Power's ability to serve the electric load for the building proposed for lots 25 and 26 of Ethan Allen Farms Industrial Subdivision on Commerce Street in South Burlington. As you know, our comments are required so that a meaningful assessment can be made under 10 VSA Sections 6086 (a) (9) (F) and (J). When load data is not available, Green Mountain Power Corporation forecasts an average use for each structure. You have informed us that this project will consist of a 10-unit building totaling 25,000 square feet in area. We have assumed that any motors exceeding ten (10) horsepower will have reduced voltage starting and none of the proposed structure(s) will have electric space heating. Based on this information and other developments with similar parameters, it is estimated that the electrical panels will be 208Y/120 or 480Y/277 volt rated, and the total project as described will result in an estimated peak demand of 125 KW. This requirement can be supplied from Green Mountain Power's existing and planned generation sources. If this estimate is not consistent with your load projections, Green Mountain Power Corporation should be made aware of the situation for planning purposes. We have evaluated the transmission and distribution system that will be used to serve your project's requirements and have determined that existing facilities are adequate for that purpose. We do not anticipate that your addition will require distribution or transmission improvements at this time or accelerate routine system improvements planned for the near future. Any new line extension construction necessary to provide service will be administered under GMP line extension tariff. This tariff provides that line extensions will be installed in a right-of-way granted by the customer. GMT requires that these rights -of -way be unencumbered, a minimum of 10' wide and be protected by a legally binding easement. In view of these facts, we conclude that the proposed development will not put an excessive or uneconomic demand on Green Mountain Power's facilities. Mr. John A. Steele June 6, 1995 Page 2 Details concerning service size, scheduling, costs, etc., should be discussed with Glenn Ghostlaw of the Colchester District Office. Very trujy your �Aonte Director of Engineering LAFjf cc: Eng. File (TC) J. Ehrler, Energy Planning K. E. Couture G. S. Morgan G. Ghostlaw MEI��? P 0. BOX 548 RUTLAND, VERMONT 05702.0548 802 773-9161 jUN 0 7 1995 FITZPATRICK-LLE i�LL'i ; d June 6, 1995 INCORPORATED Consulting Enginsets John A. Steele Fitzpatrick -Llewellyn Inc. One Wentworth Drive Williston, VT 05495 Dear John: I have reviewed your print of plan re lots 25 and 26 of the Ken Smith property and find the proposal does not interfere with VELCO's transmission line. As for plantings within the right of way, VELCO requires that no mature trees grow any higher than twelve feet. Flowering crab apples seem to fit into landscaping very well, but the decision is up to the developer. Please let me know if I can be of further assistance to you. Very truly yours, Charles F. Lyons Manager of Real Estate CFL:jan WALL /GHTER 175 LUMINA/RE -KNOCKOUT FOR CRADLE FOR .686 in. (17mm) DIA .356 in. (9mm) DIA KNOCKOUT 3/4" CONDUIT 3/4" CONDUIT KNOCKOUT FOR (4 PLACES) .188 in. (5mm) DIA KNOCKOUT PE KIT ASSEMBLY FOR USE WITH 4.000 in. (102mm) 1 OCTAGON BOX (4 PLACES) 7.750 in. 4.000 in. 4.375 in. �(197mm) (102mm) (111mm) 1.375 in. (35mm) MAX 625 in. (16mm) MIN 6.344 in. (161mm) 0 0 Gtr ; 12.875in. 0+�------------!0 2.875in. -�— 00 -�- ' � (327mm) 1,� ► (73mm) .150 in. - - - - - --' o o� (4mm) 875 in. (22mm) DIA .437 in. DIA 4.000 in. (11 mm) DIA (102mm) GASKET 14.438 in. (2 PLACES) 8.000 in. (367mm) (203mm) INTERNALGLARE 188 in. (5mm) DIA KNOCKOUT 188 in. (5mm) DIA KNOCKOUT SHIELD OPTION FOR USE WITH 3.250 in. (83mm) FOR USE WITH GEM -BOX OCTAGON BOX (4 PLACES) (2 PLACES) 1 PHOTOMETRIC SELECTION All light sources are clear unless otherwise indicated. Acrylic Polycorbonate Photo- Photo - Ballast Type IES metric IES metric Voltage Distri• Curve Disirl- Curve Light bution Number bution Number Wattage Source Multivoli 120 208 240 277 480 347, 120X347 Type 35-17• • • • Type 35-17• W1LR MOGUL BASE WITHOUT LAMP 50 HPS H H, K, N H H H H H SN4 8047 SN4 8046' 70, 100, 150(55V) HPS H H, K, M H, M H, M H, M M H SN4 8047 SN4 8046' 175 MH or Merc A A A A A A A SN4 8051 SN4 8050' ' 175 MH or Merc A A A A A A A SN4 8049 SN4 8048' ' ' (Coated) W1SR MEDIUM BASE WITH LAMP 70, 100, 150(55V) HPS N N NIA NIA NIA N N SN3 8053 SN3 8052—' 70/75, 100 MH (only) H NIA NIA NIA NIA N/A NIA SN2 8055 SN2 8054 70/75, 100 MH (only) H NIA NIA NIA NIA N/A N/A SN2 8057 SN2 8056 (Coated) 175W MH or Merc A N/A NIA NIA N/A A A SN2 8055 SN2 8054 175W MH or Merc A N/A NIA NIA N/A A A _r_SN2 8057 SN2 F056 (Coated) :For W1LG with internal glare shield use photometric curve 35.178476. NOTE: NIA=Not Available. 'For W1LG with internal glare shield use photometric curve 35-178477. ' *For WIILG with internal glare shield use photometric curve 35.178478. "'For W1SG with internal glare shield use photometric curve 35-178479. Approximate Net Weight 15-25 Lbs 6-9 Kgs Suggested Mounting Height 8-20 Ft 3-7 M See Page 5900 for start of Accessories See Page 5980 for Distribution Type Classification Page 3 5018 Dec.1991 Dolo subject to chonge without notice. • D �6101'.4, • southburlington PLANNING & ZONING October 28, 2008 KPS 81 /49 Properties, LLC c/o Paul Frank & Collins, PC, Registered Agent PO Box 1307 Burlington, VT 05402-1307 Re: Zoning Violation — 49 Commerce Avenue Dear Sir/Madam: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property. Converted a portion of the building to a dwelling unit without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property for residential use and eliminate the illegally established dwelling unit. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. 575 Dorset Street South Burlington, VT 05403 tell 802.846,4106 fax 802.846.4101 www.sburl.com You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred eleven ($111) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Since y, nd J. Belair ,A Administrative Officer Encl. CC: Amanda S.E. Lafferty, Esq. Certified Mail Receipt # 7008 0150 0003 6150 6178 r �0s s southburlington PLANNING & ZONING October 28, 2008 KL 57 Properties, LLC c/o Paul Frank & Collins, PC, Registered Agent PO Box 1307 Burlington, VT 05402-1307 Re: Zoning Violation — 57 Commerce Avenue Dear Sir/Madam: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property. Occupying the building at 57 Commerce Avenue without a Certificate of Occupancy. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Obtain a Certificate of Occupancy. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred eleven ($111) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sinc e , ay nd J. Belair Administrative Officer Encl. CC: Amanda S.E. Lafferty, Esq. Certified Mail Receipt # 7008 0150 0003 6150 6161 I, VERMONT Application for Addition to the Checklist (VT VOTER REGISTRATION FORM) 17 V.S.A. § 2145 _ (Please print clearly, use ballpoint pen, and bear down hard.) apply to have my name (Last Name) (First Name) (Middle Initial) added to the checklist of the Town/City of SAc,(TW OLLAQ A16-MAI By checki the boxes below, I swear or affirm that these are true statements: Ves ❑ No Are you a citizen of the United States? yes ❑ No Will you be eighteen years of age or older on or before the day of election? N/ es ❑ No Are you a resident of Vermont? If you checked "No" in response to any of the three questions above, DO NOT complete this form. You are not qualified to vote in Vermont. Contact the Office of the Secretary of State, Elections Division, for more information at (800) 439-8683. ONLY if you are registering to vote for the V time in Vermont, AND you are mailing this application to your town clerk individually, you must submit a photocopy of one of the following: current & valid photo identification OR bank statement, utility bill, or government document with your name and current address. (Do not submit I.D. if you have been previously registered in VT, if this form is submitted as part of a voter registration drive, or if you return this form to the clerk's office in person.) I was born on tnYEntf ►- l6- 1�3 at W4gk&c j< , R -Z. (Date) (Town or City) (State) Mailing Address: q!f e &M 'lf,R.-6 VE 4F3 Aw4,V�ATel. #: My principal dwelling is located at: 0154/dj 4 9 4�c m al e i ' vG (E911 street address including number or exact physical location, if no E911 address) The last address I was registered to vote under was: � P .*ue -ST . t3-iiaiA14-70 ✓ Vr asnAo I (Physical location — include number, street, town, state and zip code) By registering to vote in the above named town in Vermont, I authorize my name to be removed from the list of registered voters in any previous place where I was registered to vote. I was registered in the past under a different last name of: ny cneciung the boxes, I swear or affirm that these are true statements: 1111I am a resident of the Town or City of y j'F/ L /AILy�� AND N' I have taken the Voter's Oath (see attestation below for new VT voters). My VT Driver's License or Personal I.D. # (PID#) issued by VT DMV is S This # is REQUIRED. ❑ I swear or affirm under penalty of perjury and other potential federal or state criminal penalties of up to a $10,000 fine, or imprisonment for not more than fifteen years, or both, that I do not have a VT Drivers License or PID# issued by VT DMV. (17 V.S.A. § 2145(f); 17 V.S.A. § 2011; 42 U.S.C. § 1973gg-10.) IF you do not have a VT Driver's License or PID# issued by VT DMV, check the box above and enter the last 4 digits of your Social Security Number: If you do not have a VT PID#, or SSN, please contact the Office of the Secretary of State, Elections Division, (800)439-8683. I meet all of the eligibility requirements to vote in this municipality. I hereby swear, or affirm, under penalty of perjury and other potential federal or state criminal penalties of up to a $10,000 fine, or imprisonment for not more than fifteen years, or both, that the statements made by me in this application are true. (17 V.S.A. § 2145(0; 17 V. .A. § 2011; 42 U.S.C. § 1973gg-10). q,- 2,0�� Today's Date J = Applicant's Signature VOTER'S OATH (Vermont Constitution, Chapter II, Section 42): "You solemnly swear or affirm that whenever you give your vote or suffrage, touching any matter that concerns the State of Vermont, you will do it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the Constitution, without fear or favor of any person." First time voters in Vermont must take the voter's oath. The person administering the oath (Town Clerk, Justice of the Peace, Notary Public, Commissioned Military Officer, or any person over 18) or the applicant must sign the certification below. I hereby certify that on the_ day of , 20_, ❑ I administered the Voter's Oath to the applicant, or ❑ 1, the applicant, took the oath myself. Any person over 18 or the applicant can sign to attest that the oath was taken. (Check box above & sign.) Attestation: Signature of Attester FOR OFFICIAL USE: ❑ The Town Clerk OR ❑the BCA has reviewed the application AND the applicant ❑ was added to the checklist. The applicant's usual polling place is: OR the applicant ❑ was rejected and NOT added to the checklist. The reason(s) for rejection are: Signature of town clerk: Date Entered on Checklist: Date Notification Sent to Voter: Date Approved: nLEr ILIE rUNK UurY ur TIUS APPLICATION FORM. Contact your Town Clerk to make sure your application has been received. Bring pink copy to the polls when you go to vote. This is proof you have submitted an application before the deadline for registration. (SOS-VR-7/01/2008] Vermont Secretary of State Page VERMONT SECRETARY OF STATE Deborah L. Markowitz ' t dT}IDoi PROFESSIONAi SEM ..'.„ �IRCHItBS CORPORATIONS ELECITONS PROGR�1hiS REiGIII.ATIONS Rk Limited Liability Company Information Term Company? YES Ex iration of Term: 12/31/2050 LLC Name KPS 81/49 PROPERTIES, LLC STATUS ACTIVE File Number L0000927 Type Domestic State of Origin VT Origin Date 04/27/1998 Fiscal Year End 12 Registered Agent PAUL FRANK & COLLINS PC Address 1 CHURCH ST PO BX 1307 City State Zip BURLINGTON VT 05402-1307 Manager Managed? YES Term Company? YES Expiration of Term 12/31/2050 Principal Address 81 ETHAN ALLEN DR City State Zip S BURLINGTON VT 05403- Termination Date 06/06/2005 Last Annual Report Date 12/31/2007 Reinstatement Date 06/16/2005 Information Contact Home i Site Search I Help Vermont State Page i Disclaimer This Web Page is ,O�►`i��� http://cgi2.sec.state.vt.us/cgi-shl/nhayer.exe 10/22/2008 10/22/2008 City of South Burlington Grand List 11:04 am Parcel Report For Parcel: 0435-00049. KPS 81/49 PROPERTIES LLC Name KPS 81/49 PROPERTIES LLC 81 ETHAN ALLEN DR S BURLINGTON VT 05403 Location (A) 49 AND 53 COMBINED INTO 1 PARCEL (B) LOT 25 & 26 911 49 COMMERCE AVE Tax Map 08-056-001 Desc. 2.57A, BUILDING Codes: (1) (Category) C (Equipment) (Owner) C Wood Crop Pasture Other Acres: 0.00 0.00 0.00 0.00 Real Land Building Values: 1,027,600 267,000 760,600 Homestead Veterans Farm Stab. 0 0.00 0.00 Contract 0 Site 0.00 Equipment 0 Total 2.57 Page 1 of 1 bmcdonough Inventory 0 L.U. Acres Land Use 0.00 0.00 Lease Prev. Eqpm Land Use Amt Prev. Real 0.00 0 0.00 1,027,600 Housesite Special Exmp Grand List 0.00 0.00 10,276.00 Misc: Status: T Bill #: 53862 Updated: 04/25/2008 Last sale was: Valid on 09/01/1998 for $0 recorded on 380/359 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 150064000 (8) : N (9): 06/16/00 SPAN: 600-188-13390 No Text �/ F���4��,� ���� ��� ��3,�� �� February 11, 2005 KPS-81/49 Properties LLC Kenneth Smith 81 Ethan Allen Drive South Burlington, VT 05403 Re: Property Inspection Notice Location: 49 Commerce Avenue, South Burlington, VT 05403 Site #: 51723 Dear Mr. Smith, On December 17, 2004, I wrote you a letter in regards to the above property. I asked that you call our office by January 3, 2005 to schedule the inspection of the property. I have not heard from you and therefore have scheduled an inspection date and time for the inspection. The inspection will take place on February 22, 2005 at 1 PM. You must notify all of the tenants in the building as to the time and date of the inspection. They must either be present or provide access through you to each and every tenant space and you must provide access to any spaces that are vacant. If you have any questions, please call me at 802-879-2310. Respectfully, , CFI; CPE Assistant Fire Marshal Fire Prevention Division Williston Regional Office JAN 04 2005 13:58 FR VERIZON DATA MGT 978 691 2439 TO 91802846,4101 P.02,01, TN LISTING Jan 04.2005 13:16:15 Page 1 Val b fj J O- --TEi,NUMe-- CUCaDE --MAIN-TN- TREET NAME __----CUSTOMER NAME—— HOUSE -NUMB SUFX DR ---rA) ------- -S EXCHG ORDER -NUMB w.------COMMUNITY---- .--- COUN ST SOSRT E N,--- O —LOCATION— TELCO-COMMEN ---- E,S ATE L5ERIA TIME-- F 50ERR ---MSAG-COMMENT-------------- MODIF- --_�w 802-963-3747 - - 2 0 AIRTECH TOOL REPAIR SOUT49 H BURLINGTON 339 AV VT. 93 TCI;7080 LOT 6B 339 93 2003-12-1120:40.37------- -----._w.-_.�_ ENT CORPORATIONSM_$ 2- 967 _ . 5 0 ARGON EQUIPMENT COMMERCE AV VT 93 CTR6640 SOUTH BURLINGTON 339 93 2000-10-04 2041:32 _ ,�wrw__--...------------w - 50 �AR.BON EQUIPMENT CORPORATION $02-862-7147 - 49 COMMERCE AV VT 93 CTR6640 SOUTH BURLINGTON 339 93 2000.10-10 20:43:08 ----- -. ----- -- 802-862-7133 - - 5 0 ARGON EQUIPMENT CORPORATION 49 COMMERCE AV VT 93 CTR6640 SOUTH BURLINGTON 339 93 20oo.10-10 20:43:08 _ - -------- -------- --_ - 50 ARBON EQUIPMENT CORPORATION 802-862-7143 SOUTH BURIOCOMMERCE AV fi40 VT 93 CTRb 339 93 2000-10-14 20:43:08 ------------------- -,;T-,Ai`B'0N-FQUIPMENT CORPORATION CORD�- ORATION 8MS002- 49134 COMMERCE AV SOUTH BURLINGTON VT 339 9393 R`�° 2000-10-04 20:41:32 5 0 ARGON EQUIPMENT CORPORATION 802-862-7146 49 COMMERCE AV VT 93 CTR6640 SOUTH BURLINGTON 339 93 2000-10-10 20:43:08 BESSETTE BROTHERS CONSTRUCTION I 802-964-3663 49 COMMERCE AV VT 93 TDF5962 SOUTH BURLINGTON 339 93 2003-08-1120:41:28 2 0-GREEN MOUNTAIN CAR CARE SOZ-66409-9835 COMMERCE AV SOUTH BURLINGTON 93 339 M932� UNIT 8A 2004-11-24 20:26:01 _ _ _ _-_._-_--- 802-964-4760 -'- - 2 0—MAGLARIS AUTOMOTIVE SERVICES 49 COMMERCE AV VT 93 CT73055 SOUTH BURLINGTON 339 93 JAN 04 2005 13:59 FR VERIZON DATA MGT 978 691 2439 TO 91802846-'101 P.03••"30 TN LISTING Jan 04, 2005 13:16:15 Page 2 2003-10-15 09:19:49 802-1165.5299 _ - 2 0 MAGLARIS AUTOMOTIVE SERVICES 49 COMMERCE AV 9� TBC9018 SOUTH BURLINGTON 339 93 2003-10-15 09:20:13-_-_-- 802-65MB12 - - 10 MCNAMEE, AV 49 SOUTH BURLINGTON VT 93 TSK7597 339 93 LOT 8B 2001-12-14 20:41:13 _—--------- ---------- -_ ti 6--_ pEREGRINE CONTRACTING 80z-38439-1808 COMMERCE AV V? 186 SOUTH BURI.INGTON SUITE IA 339 1S6 2004-11-19 17:37:44 2 0 PEREGRINE CONTRACTING -3g3.18pg - - 49 COMMERCE AV SOUTH BURLIN TEN VT 186 339 186 A SUIT2004-11-1817:37:44 _ -- _ __ . ---------`��_�NCO 7-2-7—PEREGRINE 0 - PEREGRIENTRACTING 802-383-1$10 - 49 COMMERCE AV SOUTH BURLINGTON VT 186 339 186 SUITE 1A 2004-11-1817:37:44 - - 2 0 +--REYNOLD5 g02-383-006649 INSON & SO CMMER SOUTH BURLINGGTON CE AV VT 1 339 186 33 2001-11-28 18:00:50 902.658-7739 - - 2 0 REYNOLDS & SON INC 49 COMMERCE AV SOUTH BURLINGTON VT 186 339 186 2001-11-28 18:00:52 802-3 3--M7 0 REYNOLDS & SON INC COMMERCE SOUTH BURLINGTON VT 186 339 186 2001-11-28 18:00:51 902-38 0068 0 REYNOLDS & SON INC - COMMERCE SOUTH BURLINGTON 1339 186 2001-11-28 18:00:51 SM-384-0069 0 REYNOLDS & SON IN COMMERCE SOUTH BURLINGTON VT 196339 186 2001-11-28 18:00:51 802-383_0070 - 2 0 REYNOLDS & SON INC 49 COMMERCE AV JAN 04 2005 13:59 FF. VERIZON DATA MGT 978 691 2439 TG 918028464101 TN LISTING Jars 04, 2005 13:16:15 Page 3 SOUTH BURLINGTON VT 133 339 186 2001-11-2818:00:51 _---__---------- $02-383-0071 _ - —To 2 0---REYNOLDS & SON INC - 49 COMMERCE AV VT 186 SOUTH BURLINGTON 339 186 2001.11-28 18:00:51 ---- -----------_- -_ 7-7-2 --0---REYNOLDS & SON INC 802-383-0065 _ 49 COMMERCE AV VT 186 SOUTH BURLINGTON 339 186 2a01.11-2$ 18:00:50 _ _ _--------- _ ._,..�.. " �~---.� - 2 0 REYNOLDS &SON INC 802-6 49 COMMERCE COMMERCE AV SOUTH BURLINGTON VT 186 339 186 , 1515 ALLEN STREET 2001-11-28 18.00:52 _ _-------_---- g02-383-0OG4�- --- 2 Q REYNOLD5 & SON INC 49 COMMERCE AV SOUTH BURLINGTON VT 186 186 2001-11-28 18:00:50 -- -------------- --- _.,.__.._.�..r...r�----------- " N 8M-658-7617 - - 2 0 REY 0LDS &SON INC 49 COMMERCE AV V r 186 SOUTH BURLINGTON 339 186 2001-11-28 18:00:52 $02-951-8871 - - - 2 0 SG ENTERPRISES 49 COMMERCE AV yr 93 CWQ7171 SOUTH BURLINGTON 339 93 2001-0& 16 20:41:13 802-651-8$23 - - 20 VERMONT PUMP & FABRICATION INC 49 COMMERCE AV VT 93 CBA2501 SOUTH BURLINGTON 339 93 2004-04-30 20:40:24 ---— $02-651-8824 - - 2 0 VERMONT PUMP & FABRICATION INC 49 COMMERCE AV VT 93 CBA2501 SOUTH BURLINGTON 66BN 339 93 2004-04-30 20:40:25 JAN 04 2005 14:00 FR VERIZQN DATA P1GT 9-8 691 2439 70 918028464101 F.05•015 TN LISTING Jan 04, 2005 13:19:47 Page 1 .-TEL-NUMB-- CUCODE ---MAIN-TN-- C T E---------CUSTOMER NAME---------- Al HOUSE -NUMB SUFX DR ____._--STREET NAME—___-.. DR i r ---COMMUNITY---------- COUN ST SOSRCE EXCHG ORDER -NUMB J ----LOCATION----------------TELCO-COMMENT-------- ---- ---ESN--- 0 MODIF-DATE USERID --TIME-- F SOERR ------------- MSAG-COMMENT--------------- - 2 3 NABISCO INC-- �� SOUTH BURLINGTON CE AV VT 93 NLT2212 339 93 2003-05-29 20:40:59 _-_—_---_-- --- 2 3 NABISC-6 INC 49 COMMERCE AV VT 93 NIJ2212 SOUTH BURLINGTON 339 93 2003-05-29 20:40:59 2 3 NABISCO INC ?49 COMMERCE AV VT 93 N3 2212 SOUTH BURLINGTON 339 9 2003'-05_29 20:40.59 ----------------- 2 3 NEW ENGLAND DELIVERIES 49 COMMERCE AV SOUTH BURLINGTON VT 273 39 273 2oo4-12-0915:23:42 _ _ _ - _�----------- 2 3 NEW ENGLAND DELIVERIES - 49 COMMERCE AV SOUTH BURLINGTON VT 273UNIT 7B 339 273 2004-12-09 15:23:42 �- 23 NEW ENGLAND DELIVERIES 49 COMMERCE AV SOUTH BURLINGTON VT 273 UNIT 339 273 2004-12-09 15:23:42 2 3 NEW ENGLAND DELIVERIES 49 COMMERCE AV SOUTH BURLINGTON TON VT 273 T 7B 339 273 2004-12-0915:23.42 2 3 PEREGRINE, CONTRACTING 49 COMMERCE AV SOUTH BURL NG T,ON VT 93 339 LZ8164 2004-11-18 20:25:37 +, , TOTAL PAGE. 07 +-.+ JAM 04 2005 13:58 FR VERIZON 7A7A MGT Dal& MaMgen+en4 center 1 Corporate Grire Poer'2 Andovef, MA Ole 1 O Fix# 978•591-2439 FnhanCed 9-1.1 Pax # See- 7a9848 Fax 979 691 2439 TQ 918026464101 P.011105 cm• 0 Urgent G For Review ❑ Please Comment ❑ Please Reply Lj Please Recycle `tie �Ub� ��e�7 �?;hk-11Lcil South Burlington Water Department MCKENZIE, SEAN - #4305 Service Address Information Location 49 COMMERCE AVENUE apt/suite: #2A Customer Information Wednesday, January 05, 2005 Meter # 42087973 Water Service Water Service Id 7525299 Sewer Service Sewer Reading Method Radio Sewer Area Airport Park Meter Location RF ARB-L Route Sequence # 1605 Meter Size 5/8x3/4 Reading Multiplier Back Flow Device no Billing Information Owner Information Additional Name Owner Name K.P. SMITH Address 25 MOUNTAINVIEW BLVD. Address 81 ETHAN ALLEN DRIVE UNIT 2A City/State/Zip SOUTH BURLINGTON, VT 05403-5827 City/State/Zip SOUTH BURLINGTON, VT 05403-5845 Country Country Contact Phone Phone Fax Fax Email Email Group Group 2 (Feb,May,Aug,Nov) Terms Net 30 Days Finance Charges no Automatic Payment no Non Billable no Notes SJMBooks Printed at 1/5/2005 11:27:53 AM Page number 1 South Burlington Water Department SPAULDING, KEITH - #4315 Service Address Information Location 49 COMMERCE AVENUE apt/suite: #5 Meter # Service Id Reading Method Meter Location Meter Size Back Flow Device Billing Information Additional Name Address City/State/Zip Country Contact Phone Fax Email Customer Information Wednesday, January 05, 2005 42087965 Water Service Water 7525434 Sewer Service Sewer Radio Sewer Area Airport Park RF ARB-R Route Sequence # 1585 5/8X3/4 Reading Multiplier no Owner Information Owner Name K. P. SMITH 108 COLCHESTER ROAD Address 81 ETHAN ALLEN DRIVE ESSEX JUNCTION, VT 05452-3647 City/State/Zip Country Group Group 2 (Feb,May,Aug,Nov) Terms Net 30 Days Finance Charges no Automatic Payment no Non Billable no Notes Phone Fax Email SOUTH BURLINGTON, VT 05403 SJMBooks Printed at 1/5/2005 11:26:39 AM Page number 1 South Burlington Water Department K.P. SMITH - #4309 Service Address Information Location 49 COMMERCE AVENUE apt/suite: #1 B Meter # Service Id Reading Method Meter Location Meter Size Back Flow Device Billing Information Additional Name Address City/State/Zip Country Contact Phone Fax Email 0 7525528 Radio RF ARB-FR/SPRINKLER 5/8X3/4 no Customer Information Wednesday, January 05, 2005 Water Service Water Sewer Service Sewer Sewer Area Airport Park Route Sequence # 1600 Reading Multiplier Owner Information RE: LOT #1 B Owner Name K.P. SMITH 81 ETHAN ALLEN DRIVE Address 81 ETHAN ALLEN DRIVE SOUTH BURLINGTON, VT 05403-5800 City/State/Zip SOUTH BURLINGTON, VT 05403-5800 Country Group Group 2 (Feb,May,Aug,Nov) Terms Net 30 Days Finance Charges no Automatic Payment no Non Billable no Notes Phone Fax Email SJMBooks Printed at 1/5/2005 11:27:35 AM Page number 1 South Burlington Water Department PEREGRINE CONTRACTING INC. - #4310 Service Address Information Location 49 COMMERCE AVENUE apt/suite: #1A Meter # Service Id Reading Method Meter Location Meter Size Back Flow Device Billing Information Additional Name Address City/State/Zip Country Contact Phone Fax Email Customer Information Wednesday, January 05, 2005 0 Water Service Water 7525389 Sewer Service Sewer Radio Sewer Area Airport Park RF ARB-FL Route Sequence # 1590 5/8X3/4 Reading Multiplier no Owner Information Owner Name K.P. SMITH 664 IRISH SETTLEMENT ROAD Address 49 COMMERCE AVENUE #1A UNDERHILL, VT 05489-9780 City/State/Zip Country Group Group 2 (Feb,May,Aug,Nov) Terms Net 30 Days Finance Charges no Automatic Payment no Non Billable no Notes Phone Fax Email SOUTH BURLINGTON, VT 05403-5845 SJMBooks Printed at 1/5/2005 11:26:56 AM Page number 1 South Burlington Water Department GSM ENTERPRISES - #4313 Customer Information Wednesday, January 05, 2005 Service Address Information Location 49 COMMERCE AVENUE apt/suite: #313 Meter # 0 Water Service Water Service Id 7525253 Sewer Service Sewer Reading Method Radio Sewer Area Airport Park Meter Location RF ARB-R Route Sequence # 1610 Meter Size 5/8X3/4 Reading Multiplier Back Flow Device no Billing Information Owner Information Additional Name Owner Name K. P. SMITH Address 49 COMMERCE AVENUE #3B Address 81 ETHAN ALLEN DRIVE City/State/Zip SOUTH BURLINGTON, VT 05403-5874 City/State/Zip SOUTH BURLINGTON, VT 05403 Country Country Contact Phone Phone Fax Fax Email Email Group Group 2 (Feb,May,Aug,Nov) Terms Net 30 Days Finance Charges no Automatic Payment no Non Billable no Notes SJMBooks Printed at 1/5/2005 11:28:10 AM Page number 1 South Burlington Water Department SMITH, K.P. - #4314 Customer Information Wednesday, January 05, 2005 Service Address Information Location 49 COMMERCE AVENUE apt/suite: UNIT #4A Meter # 42087964 Water Service Water Service Id 7525310 Sewer Service Sewer Reading Method Radio Sewer Area Airport Park Meter Location RF ARB-L Route Sequence # 1630 Meter Size 5/8X3/4 Reading Multiplier Back Flow Device no Billing Information Owner Information Additional Name Owner Name CURRENT RESIDENT Address 81 ETHAN ALLEN DRIVE UNIT 2A Address 49 COMMERCE AVENUE UNIT 4A City/State/Zip SOUTH BURLINGTON, VT 05403-5845 City/State/Zip SOUTH BURLINGTON, VT 05403-5852 Country Country Contact Phone Phone Fax Fax Email Email Group Group 2 (Feb,May,Aug,Nov) Terms Net 30 Days Finance Charges no Automatic Payment no Non Billable no Notes SJMBooks Printed at 1/5/2005 11:29:22 AM Page number 1 South Burlington Water Department VT PUMP & FABRICATION INC - #4316 Customer Information Wednesday, January 05, 2005 Service Address Information Location 49 COMMERCE AVENUE apt/suite: UNIT 613 Meter # 42087967 Water Service Water Service Id 7525420 Sewer Service Sewer Reading Method Radio Sewer Area Airport Park Meter Location RF ARB-R Route Sequence # 1635 Meter Size 5/8X3/4 Reading Multiplier Back Flow Device no Billing Information Owner Information Additional Name Owner Name K. P. SMITH Address 49 COMMERCE AVENUE #6B Address 81 ETHAN ALLEN DRIVE City/State/Zip SOUTH BURLINGTON, VT 05403-5852 City/State/Zip SOUTH BURLINGTON, VT 05403 Country Country Contact Phone Phone Fax Fax Email Email Group Group 2 (Feb,May,Aug,Nov) Terms Net 30 Days Finance Charges no Automatic Payment no Non Billable no Notes SJMBooks Printed at 1/5/2005 11:29:35 AM Page number 1 South Burlington Water Department SMITH, K.P. - #4318 Customer Information Wednesday, January 05, 2005 Service Address Information Location 49 COMMERCE AVENUE apt/suite: #76 Meter # 0 Water Service Water Service Id 7525365 Sewer Service Sewer Reading Method Radio Sewer Area Airport Park Meter Location RF ARB-L Route Sequence # 1620 Meter Size 5/8X3/4 Reading Multiplier Back Flow Device no Billing Information Owner Information Additional Name Owner Name CURRENT RESIDENT Address 81 ETHAN ALLEN DRIVE SUITE 2A Address 49 COMMERCE AVENUE UNIT 7B City/State/Zip SOUTH BURLINGTON, VT 05403-5845 City/State/Zip SOUTH BURLINGTON, VT 05403-5852 Country Country Contact Phone Phone Fax Fax Email Email Group Group 2 (Feb,May,Aug,Nov) Terms Net 30 Days Finance Charges no Automatic Payment no Non Billable no Notes SJMBooks Printed at 1/5/2005 11:28:47 AM Page number 1 South Burlington Water Department REYNOLDS & SONS INC. - #4319 Service Address Information Location 49 COMMERCE AVENUE Meter # Service Id Reading Method Meter Location Meter Size Back Flow Device Billing Information Additional Name Address City/State/Zip Country Contact Phone Fax Email 29265835 7525517 Radio RF ARB-B SOUTH SIDE 5/8X3/4 no Customer Information Wednesday, January 05, 2005 Water Service Water Sewer Service Sewer Sewer Area Airport Park Route Sequence # 1580 Reading Multiplier Owner Information SANDY GRAVES Owner Name K. P. SMITH 47 BRIDGE STREET Address 81 ETHAN ALLEN DRIVE SOUTH BARRE, VT 05670 City/State/Zip SOUTH BURLINGTON, VT 05403 Country Group Group 2 (Feb,May,Aug,Nov) Terms Net 30 Days Finance Charges no Automatic Payment no Non Billable no Notes Phone Fax Email b Mbooks Printed at 1/5/2005 11:25:43 AM Page number 1 South Burlington Water Department DHL AIRWAYS, INC. - #4321 Customer Information Wednesday, January 05, 2005 Service Address Information Location 49 COMMERCE AVENUE apt/suite: #7 Meter # 41749952 Water Service Water Service Id 7525392 Sewer Service Sewer Reading Method Radio Sewer Area Airport Park Meter Location RF ARB-R Route Sequence # 1615 Meter Size 5/8X3/4 Reading Multiplier Back Flow Device no Billing Information Owner Information Additional Name ATTN: DHL/TRDP Owner Name K. P. SMITH Address P.O. BOX 662 Address 81 ETHAN ALLEN DRIVE City/State/Zip Seattle, WA 98111-0662 City/State/Zip SOUTH BURLINGTON, VT 05403-5800 Country Country Contact Phone Phone Fax Fax Email Email Group Group 2 (Feb,May,Aug,Nov) Terms Net 30 Days Finance Charges no Automatic Payment no Non Billable no Notes SJMBooks Printed at 1/5/2005 11:28:28 AM Page number 1 I Legal Support; Stephanie McElroy, Ptrategat DATE: r1� L. RANDOLPH AMIS, ESQ., F.C. Attomey at Law P.Q. Box 238 110 Main Street, Suite 102 Burlington, Vermont 0$402-0238 Web Site; www.LRandelphATuts.com E-ruu'L LUQLRandolybAmis.cor-g Telophone:( 602) 658-8900 Facsimile (802) 658-6900 FAX TRANSMISSION FAX NO.: 01l k - L� f Q FROM: RE: PAGES: (Including Cover Page) 0 DVMSSAGE: _ L JFTW�- r 4slr Am r-S Adavnistrativc Support: Judy A. Letourneau, afire Mgr. This m mitts] is intended ortly'.far the J9e of the individual ar enfiry to which it is addressed, and may contain itiformation that is privileged, confidential and from disclosure under applicable law. If the reader of this transmittal is not the intended recipient, urthe employee or agent responsible far dohvcring the tronsrmttal to the intendedrecipienf youaze hereby notifed that miy dissemination, dism'bution or copying of this conununicaten is strictly prohilAted. If you have received this commimication in =or, please notify us immediately by telephonic and return the ongmal message to us at the above aJdress via the US, ?ostal Sery ice. Thank you very much. ZOO 29Z'Da ?oTG gre Zoe T - DS3 `SIIJ+j rld-lr—(Md Si'.ET So0z/t7(2:T3 CITY OF SOUTH BIJRLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO: Amanda S.E. Lafferty, Esq., City Attorney FROM: Raymond J. Belair, Administrative Officer DATE: October 25, 2004 RE: Zoning Violation — KPS 81/49 Properties, LLC Attached, please find copies of two (2) Notices of Violation for 81 Ethan Allen Drive and 49 Commerce Avenue. Also enclosed is a copy of a memorandum to Chuck Hafter regarding the violations. I have received authorization from Chuck to request that you file complaints with the Environmental Court regarding these violations. Please note that these NOV's were not appealed. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO: Chuck Hafter, City Manager CC: Juli Beth Hinds, Director of Planning and Zo,r hg FROM: Raymond J. Belair, Administrative Officer r DATE: October 25, 2004�\ RE: Zoning Violations at 81 Ethan Allen Drive and 49 Commerce Ave. I am seeking your permission to authorize the City Attorney to file complaints with the Vermont Environmental Court regarding zoning violations at the above referenced properties. The violations involve non -approved residential use in two (2) commercial/industrial buildings located within the Mixed Industrial & Commercial District. BACKGROUND For several years I have been hearing rumors that there were apartments in each of these buildings. I contacted the owner, Ken Smith, about these allegations and he swore that there were no apartments and that I could inspect the properties at any time. In late March of this year, a fire broke out in one of these buildings in a unit where someone was living on the second floor. Fortunately, the person was not injured. The Fire Chief came to me with this information and asked whether this or the other apartments in these buildings were legal. I replied that they were not. On April 2, 2004 1 mailed a Notice of Violation (NOV) to the owner of 81 Ethan Allen Drive and on April 30, 2004 1 sent a NOV for 49 Commerce Avenue alleging residential use without a zoning permit. Neither one of these NOVs were appealed. I was then contacted by the owner, Ken Smith, and set up a site visit. The site visit took place at 10:00 am on April 30, 2004. 1 visited all the spaces in both buildings with the exception of one room where he said he did not have a key with him to open that room. I found no apartments in either building. The spaces on the second floor were all vacant and had kitchen cabinets with a sink and a bathroom. I was told these spaces were rented out as office space. After this inspection, I spoke to Assistant State Fire Marshall Joe Benard, who was also investigating these illegal apartments, since the building was never approved for living spaces. We agreed that we would do a "stakeout" early one morning to see if people who live there would be turning on lights and eventually leaving the building at which time we would request to see their apartment. On October 20, 2004 1 met Mr. Benard at City Hall. We traveled together in his vehicle to the site of the two (2) buildings. Upon arriving at 49 Commerce Avenue at around 6:15 am we observed a man walking a dog on the property. After a few minutes we saw him go inside the building. We went inside and identified ourselves and asked if he lived here. He said no, but his girlfriend did. We asked if we could look inside. He went and spoke to his girlfriend and he came back and told us we could look inside. We looked inside and saw that it was a fully functional dwelling unit. We continued observing the two (2) properties for about an hour and found no one else leaving the property. I believe it is important to pursue these violations due to the life safety implications of people living over commercial and industrial spaces in which vehicles and equipment are repaired with flammable liquids and materials. To date, each of these properties have accumulated approximately $18,000 in fines at $100 per day. Since neither of the NOVs were appealed, we will not have to convince the court of any violations, we will be discussing how much the fine should be. CITY OF SOUTH BURLINGTON 03 DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 20, 2004 KPS 81/49 Properties, LLC c/o Ken Smith 81 Ethan Allen Drive South Burlington, VT 05403 Re: Zoning Violation — 49 Commerce Ave Dear Mr. Smith: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4443 (a)(I). Specifically, you have initiated the following activities on the above -described property. Using a portion of the building for residential use without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property for residential use. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.0o per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred ten ($110) dollars within fifteen (15) days of the date of this letter with the Cleric of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403• Sinee dministrave cer Encl. cc: Amanda S.E. Lafferty, Esq. Certified Mail Receipt # 7003 2260 0002 8773 4209 CITY OF SOUTH BU LINGTON DEPARTMENT OF PLANNE� [G & Z0NE"4O 575 DORSET STREET SOUTH EURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 2, 2004 KPS 81/49 Properties, LLC c/o Ken Smith 81 Ethan Allen Drive South Burlington, VT 05403 Re: Zoning Violation — 81 Ethan Allen Drive Dear Mr. Smith: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4443 (a)(I). Specifically, you have initiated the following activities on the above -described property. Using a portion of the building for residential use without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property for residential use. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred ten ($110) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403• Sincerely, Ra: "'m M J. Belair Administrative Officer Encl. cc: Amanda S.E. Lafferty, Esq. Certified Mail Receipt # 7003 3110 00013598 4841 No Text FROM :FIRE PREVENTION FAX NO. :0026792312 Lec. 17 2004 12-:44PH P1 FAX Vermont Department of Labor and Industry 372 Hurricane Lane, Suite 102 Phone: 18021879-2300 Fax: (802) 879-2312 Fire Prevention Division Joe Benard, Assistant F}re Marshal (802) 879-2310 ❑ John Vergin, Chief Plans Reviewer (802) 879-2303 ❑ Chris Boyd, Assistant Fire Marshal (802) 879-2306 ❑ Monte Mason, Electrical Inspector (802) 879-2309 ❑ Jake Sartwvell, Electrical Inspector (802) 879-2307 ❑ Robert Patterson, Regional Manager (802) 879-2302 ❑ Micheal Greenia, Assistant Fire Marshal (802) 879-2305 © Jackie Connaway, Regional Assistant (802) 879.2301 ❑ Mac Wheel, Chief Boiler Inspector (802) 879-2304 To: �!�' � FAX Number: Joseph. Benard a@labind.state.vt.ua John.Vergin@lubind. state.vt. us Chris. Boyd@a labind.rstate.vt.us Monte. Mason@labind.state,vt.us Jason.Sartwoli c, labind, state.vt.us Robert. Pattcraonglabi.nd. state xt. u s Micheal. Greenia@labmd. state. Vt. us J.0 Tsie, -or qa yav(«)Tabind.state_vt_' Malcolm. Wheel@ labind. state.vt. us Date: -C {% Pages (including cover): RE'; Notes: )(,- s-M c i -tom Smoke Detectors Save Lives ... Test Yours Monthl 1 riW This information is intended. for the receiver addressed above. I' you have received this FAX sransmission in error, please cw:tact the sender. FROM : F 1 RE I --'RE e-1 I ON FAX NO. : e02ta7g2312 Elec. 17 2004 12:50PI1 P2 f December 1.7, 2004 DEPARTMI=NT OF LABOR & INDUSTRY KPS-81/49 Properties LLC 81 Ethan Allen Drive South Burlington, V'T 05403 Re; properry Inspection Request Location: 81 Bthan Allen Drive &. 49 Commerce Avenuc, South Burlington, VT FlrAF'rev~ Site WS: 23435 51723 Nr;nonai 001 BId9 Drawer 20 Montpelier Vermant 05620-14 Dear Mr. Smith, T. W2,028.2106 F' 909dt48.2195 On October 21, 2004, I wil.h Ray Main V131:ed 49 Commeruc Avenuc to South Burlington to determine i f ttlere were any residential living spacog on the second floU1' of this btu lding. On April 30, 2004. Ray Belair inspected both of your ruildings and you indicated to him That tl.rrc were no residential living spa.ccs. Contrary to what you had indicated to Ray Maw from South Burlington Planntng and zoning, we discovered that there is indeed at feast one occupied EN1118 REGIONAL OFFICES space on the second floor and there may be more. The occupant allowed us to view leer apartment through the door. We did not cr►ter the apartment. This took place at approxa-ratcly 430 Aga Bloomer state Oft* B14. 6:00 to 6:3[i am, Ratland Vermont 06101 T, 802.7B6.5807 11cre also maybe livingspaces or. the second floor of 8' Ethan Allen Drive. T sv:ts unable to 802 786,5872 detcrmine this on Oc'tuhfr 21, 2004 There have been occupied liVing spaces at thi; location in 100 MlnerM St. the past. SU14% W7 3pringflnid Vermont 051" Our records indicate that no construction permitfi were ever issued for residential occupancies For r 802.985P 83 F 802.15116.9995 elt'1cr oFthe buildings. 372 Hurrlonna Lane 9ufte 102 Please contact me at 802-879-21310 no later then .January 3, 2005 to schedule an appointment to verillma r osa9s inspect both 81 Ethan. Allen Drive and 49 C'ommeme !Avenuc. Access i-.wst be }provided to all T' 3026792300 occupied and unocoupied spaces. Please notify the tenants of the dine and date ofthe inspecriOn K F102879 2312 of thjeir respective building, and [ ant also reques?ing that all of your tenants be present for the G perry St. inspection. If they are unable to be present, they must provide access through you as the owner. SMA zoo Darr Vermont 05641 If you have any questions, please call inc at 802-9i9-2310, T 808.47N 4434 F 902 479 44411 Respectfully,. www c[ale,vt,uR/le7in c' . Y J CFI; CPE Assistant Fire Marshal Fire Prevcrition Division Williston Regional Office State of Vermont Post -it" Fax Note 7671 Date / agoes To L From Co /Dept. Co. Phone # Phone # Fax # Fax # Vermont Secretary of State Page VERMONT SECRETARY Ai♦ M OF STATE r� Deborah i PRUFESSI4NAI SEC ,.�� ;;,>"..,.:, �itCHR�S CtaRPUR�iTIONS ELECTIONS PRQGRAhiS REGU3.�iTIONS D Limited Liabilitv Companv Information LLC Name KL 57 PROPERTIES, LLC STATUS ACTIVE File Number L0010649 Type Domestic State of Origin VT Origin Date 07/09/2004 Abreviation N Fiscal Year End 12 Registered Agent PAUL FRANK + COLLINS PC Address ONE CHURCH STREET City State Zip BURLINGTON VT 05401- Manager Managed? YES Principal Address 81 ETHAN ALLEN DRIVE City State Zip ISO BURLINGTON VT 05403- Last Annual Report Date 12/31/2007 infbrniaaion Contact Home I Site Search I Help Vermont State Page I Disclaimer This Web Page is Rim21APPUBM .., http://cgi.sec.state.vt.us/cgi-shl/nhayer.exe?corpbrow?form id=llc?llcnumb=L0010649 10/22/2008 10/22/2008 City of South Burlington Grand List 11:04 am Parcel Report For Parcel: 0435-00057. KL 57 PROPERTIES LLC Name KL 57 PROPERTIES LLC C/O LUTHER GUTKNECHT 81 ETHAN ALLEN DR S BURLINGTON VT 05403 Location (A) LOT 24 BOOK 252 P 22 911 57 COMMERCE AVE Tax Map 09-006-000 Desc. 1.17A Codes: (1) (Category)M (Equipment) (Owner)C Wood Crop Pasture Other Acres: 0.00 0.00 0.00 0.00 Real Land Building Values: 265,300 127,000 138,300 Homestead Veterans Farm Stab. 0 0.00 0.00 Site Total 0.00 1.17 Page 1 of 1 bmcdonough Equipment Inventory 0 0 L.U. Acres Land Use 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 265,300 Housesite Special Exmp Grand List 0.00 0.00 2,653.00 Misc: Status: T Bill #: 56228 Updated: 04/25/2008 Last sale was: Invalid on 07/15/2004 for $0 recorded on 680/54 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 150654000 (8) : N SPAN: 600-188-15775 Aug-24-05 03:23P Kenneth P. Smith (B02) 865-4826 P.02 K.P. SMITH TENANTS 49 Commerce Avenue August. 2005 Bay Tenant Sall Parking Employees 1A Peregrine CoMacting 2500 6 4 2A McKenzie Landscaping 1250 2 1 3A Beaudry Coach Works 1250 1 1 4A Achilles Auto 1250 4 4 5A Gormley's 1250 1.5 1 6A Gp mfey"s 1250 1.5 1 7A AirTech 1250 3 2 SA Green Mountain Car Can 1250 6 3 4A Kraft Foods 1250 2 2 IOA Kraft Foods 1250 2 2 1B Reynolds & Sons 1250 3 3 28 Vacant 1250 0 0 38 GSM Auto 1250 3 3 48 GSM Auto 1250 3 3 58 Spaulding Scrap Metal 1250 2 2 6B Vermont PUMP 1250 1 1 7B New England Deliveries 1250 2 2 as New England Deliveries 1250 2 z 9B New icngland Deliverles 1250 2 2 108 Ncw England Deliveries 1250 2 2 use Home Builders Landscaper RV Repair Auto Hobby Shop Packaged Food Preparation Packaged Food Prcp@Fation Hand Tool Repair Auto Detailing snack Food Distribution Snack Food Distribution Wholesale Tool Supplier Auto Repair Auto Repair Scrap Metal Pump Repair Delivery Service Delivery Scrvice Delivery Service Delivery Service CITY OF DEIPARTIVll}}+NT 575 DORSET STREET SOUTH BURLiNGTON, VERPJ ON7 05/W° (802) 846-4106 FA)', (802) 846-4101 July 14, 2005 KPS 81/49 Properties, LLC; c/o Paul Frank & Collins, PC, Registered Agent PO Box 1307 Burlington, VT 05402-1307 Re: Zoning Violations — 49 Commerce Avenue Dear Sir/Madame: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property. 1. Utilizing the area to the rear of 45 Commerce Avenue for outside storage without a zoning permit and without a Certificate of Occupancy. 2. Changed tenants in the building without prior approval of the City Planner as required by the site plan approved dated 11/12/96. 3. Changed the use of portions of the building without a zoning permit and utilizing the space whose use has changed without a Certificate of Occupancy. 5. Using a portion of the building for residential use without a zoning permit. You have seven (7) days from the date of this letter to discontinue these violations and take appropriate remedial action. Specifically, you must accomplish the following: 1. Cease the use of the outside storage area to the rear of 45 Commerce Avenue until all permits and approvals are obtained for such use. 2. Obtain approval from the City Planner for all tenants in the building for which this approval has not been obtained. 3. Obtain zoning permits and Certificate of Occupancy for all changes of use which have occurred on the property without the necessary approvals and permits. 4. Cease the use of the property for residential use. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred ten ($110) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sincerely, Raymor',r' 'J. Belair Administrative Officer Encl. CC: Jill Spinelli, Esq. Certified Mail Receipt #7003 3110 0001 3598 5909 CITY OF SOUTH BURLINGTON DEPAWMEIo T OF ILANIT I PqG & Go7NiNG' 575 DORSET STREET SOUTH BURLINGTOTj, VEHMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 14, 2005 KPS 81/49 Properties, LLC c/o Paul Frank & Collins, PC, Registered Agent PO Box 1307 Burlington; VT 05402-1307 Re: Zoning Violations — 81 Ethan Allen Drive Dear Sir/Madame: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property. 1. Changed the use of the portions of the building from a "contractors business" (term used in the Planning Commission decision dated 1211187 for original approval for the building) to other uses without a zoning permit and Certificate of Occupancy (the multiple use approval issued on 517199 expired six (6) months after approval for lack of obtaining a zoning permit as required under Condition #7 of said approval). 2. Utilizing parking paces for equipment storage without the necessary approvals and permits. 3. Utilizing a portion of the parking lot for bulk bark mulch storage without the necessary approvals and permits. 4. Placed dumpsters on the property without the necessary approvals and permits. 5. Utilizing a portion of the parking lot for Recreational Vehicle storage without the necessary approvals and permits. 6. Altered the landscaping along the easterly boundary by removing trees without the necessary approvals and permits. 7. Utilizing a portion of the building for residential use. You have seven (7) days from the date of this letter to discontinue these violations and take appropriate remedial action. Specifically, you must accomplish the following: 1. Obtain all necessary approvals and permits for all uses in the building which are not "contractors businesses". 2. Cease the use of the parking spaces and/or the parking lot for equipment storage until all necessary approvals and permits have been obtained. 3. Cease the use of the parking lot for bulk bark mulch storage until all necessary approvals and permits have been obtained. 4. Remove all dumpsters from the property until such time as all necessary approvals and permits have been obtained. 5. Remove the Recreational Vehicle from the property unless necessary approvals and permits have been obtained. 6. Replace all trees recently removed and return area to it's original condition. 7. Cease the use of the property for residential use. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred ten ($110) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. r Sincei,6ly,' ;/ Flay dnd':l: Belair 5 Administrative Officer Encl. CC: Jill Spinelli, Esq. Certified Mail Receipt #7003 3110 0001 3598 5855 April 1, 2005 DEPARTMENT OF LABOR &INDUSTRY KPS-81/49 Properties LLC 81 Ethan Allen Drive South Burlington, VT 05403 Re: February 22, 2005 Inspection Results Fire Prevention. Location: 81 Ethan Allen Drive, South Burlington, VT Site #: 23485 National Life Bldg Drawer 20 Montpelier Dear Mr. Smith, , T 802.828 2106 F 802 828 2195 On February 22, 2005, an inspection of the above named facility was conducted. Present for the inspection was Joseph Benard, Ken Smith and Ray Belair. This inspection was conducted under the 1999 Vermont Fire Prevention & Building Code. During the course of the inspection there were numerous items that were identified that must be rectified. REGIONAL OFFICES The following is an outline of the violations for correction. 430 Asa Bloomer State Office Bldg State 1) Space 5-extension cord use. The use of extension cords in place of permanent wiring is prohibited. An electrician must be brought in to evaluate and repair the building's Vermont 05701 T 802 786.5867 electrical system to eliminate the use of extension cords in accordance with the F. 802 786 5872 National Electrical Code, Section 400-8. 100 Mineral St 2) Stair handrails are required all interior and exterior stairs and must meet the Suite 307 Springfield guidelines listed below. Applies to space # 5. Vermont 05156 8883 T 802 885 88 3) Handrails are required on both sides of the stairs, and the handrails must not be less F. 802 885 8885 than 34 inches nor more than 38 inches above the tread measured from the leading 372 Hurricane Lane edge of the tread to the top of the handrail. (Section 5-2.2.4.5 of NFPA Standard Suite 102 Number 101) Willistonon Vermont 05495 4) Handrails shall have a circular cross section with an outside diameter of at least 1-1/4 T 802 879 2300 F 802 879 2312 inches and not more than 2 inches. New handrails shall be continuously graspable along the entire length in accordance with Life Safety 101, Section 5-2.2.4.5 (9*. 5 Perry St Suite 200 5) The height of guard rails on the open side of stairs, landings and balconies must not Barre Vermont 05641 be less than 42 inches measured from the adjoining walking surface. (Section 5- T 802 479 4434 2.2.4.6 of NFPA Standard Number 101) F 802 479 4446 www state vt us/labind/ The violations listed above must be corrected according to the following schedule. All items must be completed no later than 05101105. When the work is completed, please call to schedule a re -inspection. KMOMI State of Vermont If you have any questions, please call me at 879-2310 Respectively, CFI; CPE Assistant Fire Marshal Fire Prevention Division Williston Regional Office DEPARTMENT OF LABOR & INDUSTRY April 1, 2005 KPS-81/49 Properties LLC 81 Ethan Allen Drive South Burlington, VT 05403 Re: February 22, 2005 Inspection Results Fire Prevention Location: 49 Commerce Avenue, South Burlington, VT National Life Bldg Site #: 51723 Drawer 20 Montpelier Dear Mr. Smith, Vermont 05620-3401 T 802 828 2106 F 802 828 2195 On February 22, 2005, an inspection of the above named facility was conducted. Present for the inspection was Joseph Benard, Ken Smith and Ray Belair. This inspection was conducted under the 1999 Vermont Fire Prevention & Building Code. During the course of the inspection there were numerous items that were identified that must be rectified. REGIONAL OFFICES. The following is an outline of the violations for correction. 430 Asa Bloomer State Office Bldg Reynolds & Sons-1B Rutland Vermont 05701 T 802 786 5867 1. The sprinkler system was inspected on February of 2005 and the sticker listed F 802 786.5872 violations with the system. All violations must be corrected. 100 Mineral St 2. Si a e must be provided for the entrance door and the closet door indicating g p g Suite 307 Springfield "SPRINKLER CONTROL VALVE". Vermont 05156 T 802.885 8883 F 802 885 8885 Mazlaris Automotive-3&4B 372 Hurricane Lane Suite 102 Willistonon 1. Sprinkler heads must be provided for the underside of the overhead door. Vermont 05495 2. Exit signs must be checked and repaired as necessary. T 802 879 2300 F 802 879 2312 3. The vent pipe for the north and south ceiling mounted heaters must be 5 Perry St changed. Suite 200 Barre Vermont 05641 Vermont Pump & Fabrication Shop-6B T 802 479 4434 F 802 479 4446 1. Sprinkler heads must be provided for the underside of the overhead door. www state vt us/labind/ 2. A sprinkler head must be provided for the storage space under the stairway to the upper level. 3. Fire extinguishers are overdue for the annual inspection and must be inspected. State of Vermont New EnEland Delivery-7 to 10B 1. There is a 1000-gallon diesel fuel tank inside of this space that is used for dispensing. This tank must be removed from the inside of the building and not used by 06/01/05. If the tank is not removed by June 1, 2005, then an order will be issued by the Electrical Inspector to disconnect power to the PUMP. 2. Permits, tank specifications and a site plan must be submitted to our office for review and approval before this tank will be allowed to be installed and used outside of the building. 3. A licensed master electrician must complete any electrical work for your space, and the electrician must obtain a permit from our office before any work is started. 4. Sprinkler heads must be provided for the underside of the overhead door. 5. Emergency lights must be provided in the warehouse space. 6. All exit signs must be checked and repaired as necessary. Space 2B 1. Sprinkler heads must be provided for the underside of the overhead door. 2. The vent pipe for the East ceiling mounted heater must be changed. 3. There are wires attached to sprinkler system piping. The sprinkler piping is a standalone system and it is not designed to support or have anything attached to the piping. Space 1B-Level 2 1. There is no sprinkler coverage in the stairway. Sprinkler heads must be installed. 2. Remove wires from sprinkler piping. Space 5B 1. This space is used for the storage of scrap metal. The issue is the way the scrap is stored. This makes it very hard for the sprinkler company to conduct the annual inspection as required. The storage must be arranged in order for the fire department to be able to access the building safely and for the sprinkler company to conduct their inspection per the code. Space IOA Level 2 1. Adequate fire extinguishers must be installed on the premises in a visible location in accordance with NFPA Standard Number 10. Space 9A-Level 2 1. Relocate the bathroom sprinkler head Space 9 & 10 A Level 1 1. Electrical cover plates missing. Space 7A-Level 2 l . All wires must be removed from the sprinkler piping. 2. Remove the hammock from the sprinkler piping 3. Extension cords are being used. The use of extension cords in place of permanent wiring is prohibited. An electrician must be brought in to evaluate and repair the building's electrical system to eliminate the use of extension cords in accordance with the National Electrical Code, Section 400-8. 4. There are outlets and junction boxes that are missing covers which must be provided. Space 7A 1. All open wiring must be terminated in a junction, covers provided or the wiring removed. 2. The freezer is being supplied powered by an extension cord. An outlet must be provided for the freezer. 3. There is storage in the packing room within 18 inches of sprinkler heads. A clearance must be maintained within all sprinkler heads. Space 5&6A 1. The freezer is being supplied powered by an extension cord. An outlet must be provided for the freezer. 2. There is storage in the packing room within 18 inches of sprinkler heads. A clearance must be maintained within all sprinkler heads. 3. A change of use permit application must be submitted for this space. Space 4 A 1. The exit sign must be repaired. Space 3 A 1. The bathroom must be provided with a sprinkler head. 2. The light located at the toolbox is powered by an extension cord. An outlet must be provided. Space 1 A The use of extension cords is prohibited. The use of extension cords in place of permanent wiring is prohibited. An electrician must be brought in to evaluate and repair the building's electrical system to eliminate the use of extension cords in accordance with the National Electrical Code, Section 400-8. The violations listed above must be corrected according to the following schedule. All items must be completed no later than 06/30/05. When the work is completed, please call to schedule a re -inspection. If you have any questions, please call me at 879-2310 Respectivel CPE Assistant Fire Marshal Fire Safety Division Williston Regional Office 802-879-2310 —Desk 802-879-2312 — Fax joseph.benardCa Iabind.state. vt.us - EMail �rranrded in Vol. _33[-- on pap*p� VOL Burtiogton Land Record F3 LOT XBRGER AGRZZKZ 1T Margaret k Picard, City Clerk This Agreement entered into and effective this day of April, 1996, by and between KENNETH P. SMITH, of South Burlington, Vermont (SMITH) and the CITY OF SOUTH BURLINGTON, r a municipal corporation located in Chittenden County, State of Vermont; WHEREAS, SMITH is the owner of two contiguous parcels of land acquired by Warranty Deed of record in Volume 380, Page 359 of the South Burlington Land Records; and WHEREAS, SMITH desires to develop and use the two parcels of land as a single parcel of land; NOW THEREFORE, in consideration of the CITY OF SOUTH BURLINGTON issuing a Zoning Permit under its Zoning Regulations for the development of the two above-mentioned.parcels of land as a single parcel, SMITH agrees that from the date of this Agreement, the above -stated parcels of land shall constitute a single lot for purposes of compliance with the City of South Burlington Zoning Regulations. This Agreement shall be binding upon the parties hereto, their successors, heirs and assigns. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals as of the day and year first above written. Dated at '_r u� 2KzAzc6)Vermont, thi 1996. Witness' LAW OFFICES 1 BERGERON. PARADIS FITZPATRICK i SMITH Ll LAWOFFICES BERGERON, PARADIS FITZPATRICK i SMITH STATE OF VERMONT CHITTENDEN COUNTY, SS. Vermont, At 5bwJ�N &t xjeronally this (911)day of April, 1996, Kenneth P. Smith appeared and he acknowledged this instrument, by him signed and sealed to be his free act and deed. Before me, Notary Public `uOL��'�� oa-lo-ft QL 'day ated at South Burlington, Vermont, this A of April 199 ��Jcl_vr_c L CITY OF SOUTH BURLINGTON W ss BY: Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY SS. J At South Burlington, Vermont, this �1t day of April, 1996, personally appeared C%Aott es rAF-fee Duly Authorized Agent of the City of South Bur Burlington and acknowledged this instrument by him/ho signed and sealed to be his/tole free act', anddeed and the free act and deed of the City of South Burlington. Before me, QV�, Notary Public NCS\Smith.Agr VND of DOCUMENT 0 0 1 CLERKS OFFIG'D 3 J 2ived l9�at---�'�1I on page-3 Re ofdnad in Vto;t lan Y WARRANTY DEED Margaret A. Pleatd, Ck Clerk KNOW ALL MEN BY THESE PRESENTS, That JOHN H. BELTER, JR. and JOYCE N. BELTER, of South Burlington, County of Chittenden and State of Vermont, (the "Grantors"), in consideration of the sum of Ten and More Dollars, paid to their full satisfaction by KENNETH P. SIVIITH of South Burlington, County of Chittenden and State of Vermont (the "Grantee"), by these pre- sents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the Grantee, and his heirs and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden and State of Vermont (hereinafter the "Premises") described as follows, viz: Being two parcels of land with all improvements thereon, said property identified as Lots 25 and 26 and depicted on a plan entitled "Ethan Allen Industrial Subdivision - Phase 3, Lots 22-42: Overall Site Plan" dated February, 1987, last revised August 4, 1988, and recorded in Map Volume 252 at Page 22 of said land records. Together with an easement for access to the Premises by all manner of vehicles or by foot over Commerce Avenue, as constructed, for use by Grantees in common with Grantor and others having rights in such road. This easement shall cease and terminate upon the acceptance of Commerce Avenue as a public way by the City of South Burlington. Grantor reserves to itself and its successors and assigns all rights in the land subject to the easement herein granted, including but not limited to the right of Grantor to grant subsequent easements within, on, over and under said land. Being a small portion of the land and premises conveyed to the Grantors by Warranty Deed of Rene J. and June A. Berard, dated May 8, 1979 and recorded in Volume 148 at Pages 225-228 of the City of South Burlington Land Records. This conveyance does not and is not intended to merge the foregoing parcels into a single parcel and each is to retain its status as a separate lot under applicable law. The above -described property is conveyed subject to and with the benefit of "Protective Covenants for the Belter Industrial Park: South Burlington, Vermont", dated August 22, 1985, and recorded in Volume 213 at Pages 389-393 of the City of South Burlington Land Records, as amended pursuant to: (i) Amendment No. 1, dated September 4, 1985 and recorded in Volume 213 at Page 426 of said land records; (ii) Amendment No. 2, dated October 8, 1985 and recorded in Miscellaneous Volume 214 at Page 83 of said land records; (iii) Amendment No. 3, dated August 10, 1988, and recorded in Miscellaneous Volume 267 at Page 133 of said land records; and (iv) Amendment No. 4 dated April 14, 1989 and recorded in Miscellaneous Volume 277 at Page 452 of said land records. Included in this conveyance is the following allocation from the Grantors to the Grantee of cumulative impacts/resource allocations from the pool created by State of Vermont Land Use Permit No. 4C0643-3, as amended (the "Permit") for Phase III of the Ethan Allen Farms Industrial Subdivision (the "Industrial Park") as described in the Permit (the "Allocation"): 30 parking spaces, 900 gallons of waste water and water, 136 vehicle trips, 14 peak hour p.m. vehicle trips, and 150 kVa of electricity allocated to Phase III of the Industrial Park by the Permit and not previously allocated or conveyed by the Grantors. The Grantee, by his acceptance of the delivery of this deed, acknowledges the sufficiency of the Allocation and agrees that he will not seek to acquire a greater share of the cumulative impacts/resource allocations granted to the Grantors VOL a� Page d under the Permit. The balance of the allocations of cumulative impacts/resource allocations allowed to the Grantors by the terms of the Permit, not heretofore or hereby allocated, shall belong to and be retained by the Grantors for their use in developing the remainder of the Ethan Allen Farm Industrial Park. If the Grantee requires an additional allocation of cumulative impacts/resource allocations to complete the Grantee's development of the Premises, the Grantee shall be responsible for procuring such additional allocation. Such allocation shall come from an increase in the total allocation of cumulative impacts to Phase III of the Ethan Allen Farm Industrial Park and shall not come from the allocations already made to the Grantors by existing Land Use Permits. To the extent the Grantee is responsible for increasing the total cumulative impacts to the Industrial Park, such increase shall be obtained solely at the Grantee's expense and by the Grantee's efforts. The Grantee shall be entitled to use and retain such increased cumulative impacts for the development of the Premises. The Premises are subject to the following encumbrances: (a) Existing utility line easements granted to VELCO and Green Mountain Power Corporation as evidenced by location of lines and poles on the Property. (b) Utility easement to Green Mountain Power Corporation and New England Telephone Company dated September 13, 1988 and recorded in Volume 273 at Page 311 of the City of South Burlington Land Records. (c) Utility easement to Vermont Gas Systems, Inc., dated October 31, 1998 and recorded in Volume 272 at Pages 138-141 of the City of South Burlington Land Records. (d) Rights of the public and others legally entitled thereto to any portion of the Premises lying within the boundary of a public or private road, easement or way. (e) Rights of the public and others legally entitled thereto in any portion of the Premises subject to the rights of the public under the public trust. (f) Taxes assessed on the Grand List of April 1, 1995 not delinquent on the date of this deed, which the Grantees herein assume and.agree to pay as part of the consideration for this deed. (g) The provisions of municipal ordinances, public laws, and special acts. (h) The terms and conditions of all state and municipal permits and approvals including, but not limited to, State of Vermont Land Use Permit No. 4C0643 and State of Vermont Subdivision Permit No. EC-4-1183, and the amendments to all such permits and approvals affecting the Premises. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. -2- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 9, 1995 Skip McClellan FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Industrial Building, 49 & 53 Commerce Avenue Dear Mr. McClellan: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, June 13, 1995 at 7:30 P.M. to represent your request. If you have any questions, JW/mcp Encls cc: Ken Smith please give me a call. S leeJ Cit Planner E't'/ e, u A-)c� ��--L.)•+� �y,. ,,,) 4-1 D J { �12 G%� J r� !„1►^� �__.C,��J c . % _-,; � Dj �/.' iti, c� � �_ : �.3 t✓I �•a�7 rr'�L � \ �I%���.-, e.�.5 � /, ;�, iC A y � � --- ... � __• ��� \\ -�f -y \"�'�� C� Z _ _ State of Vermont '�Jlf'r LAND USE PERMIT AMENDMENT CASE NO: 4CO643-3B LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 APPLICANT: K.P. Smith (Act 250) 81 Ethan Allen Drive South Burlington, VT 05403 and John Belter 2 Country Club Drive South Burlington, VT 05403 District Environmental Commission #4 hereby issues Land Use Permit Amendment #4C0643-3B, pursuant to the authority;vested in it by 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 148, Pages 225, of the land records of the City of South Burlington, Vermont, as the subject of a deed to John Belter, the "Permittees" as "Grantees". This permit specifically authorizes the Permittees to combine lots #25 and #26 of a previously approved subdivision off of Ethan Allen Drive in South Burlington; Vermont, and to construct a 25,000 square foot multiple -tenant industrial building. The project will be serviced by municipal water and wastewater disposal systems. The Permittees, and their 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 #4C0643 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. 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. 0 Land Use Permit #4C0643-3B Page 2 4. By acceptance of this permit, the allow representatives of the State property covered by the permit, at purpose of ascertaining compliance environmental and health statutes this permit. Permittees agrees to of Vermont access to the reasonable times, for the with Vermont and regulations and with 5. By acceptance of the conditions of this permit without appeal, the Permittees confirms and agrees for itself 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 Permittees and all assigns and successors in interest. 6. The project is approved for the following maximum impacts: 65 vehicle parking spaces 3,000 gallons per day of water and wastewater; 168 vehicle trips per day; 30 peak hour vehicle trips; 125 kilowatts of electricity. 7. This permit hereby incorporates all of the conditions of the Water Supply and Wastewater Disposal Permit #WW-4-0886 and Subdivision Permit #EC-4-1183-2 issued on August 17, 1995 by, the Regional Engineer, Division of Wastewater Management, Agency of Natural Resources. 8. The Permittees 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. 9. Stumps shall be disposed of above the seasonal highwater table or at a State -approved landfill. 10. The Permittees And all assigns and successors in interest shall comply with all of the terms and conditions of the Discharge Permit File No. #1-0621 issued by the Agency of Natural Resources. 11. The Permittees and all assigns and successors in interest shall comply with all of the terms and conditions of the Conditional Use Determination #95-256 issued by the Agency �of Natural Resources, Water Quality Division. 12. The Permittees shall notify the District Commission and obtain their written approval prior to the operation of any manufacturing use that involves the storage, production and Land Use Permit #4C0643-3B Page 3 handling of hazardous materials. Any hazardous waste handler shall also notify the State Hazardous Materials Management Division. 13: No floor drains that do not discharge into the municipal wastewater disposal system shall be installed without prior written approval of the District Environmental Commission. 14. The Permittees shall apply to the District Environmental Commission for approval for any change in the use of the building or land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes into the soils. 15. The Permittees 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 where new fixtures are being,installed. An alternative water conservation plan may be presented to the Commission for approval before implementation. The approved alternative shall be implemented and maintained by the Permittees for the duration of the permit. 16. The Permittees shall comply with Exhibits #14 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 Permittees shall prevent the transport of any sediment beyond that area necessary for construction approved herein. From October 1 to April 15 of any calendar year, all disturbed areas of the construction site shall be mulched until final vegetative cover is established. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The 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 it deems necessary. 17. In addition to conformance with the requirements of condition #16, the Permittees 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 Permittees from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. Hand Use Permit #4C0643-3B Page 4 18. The Permittees and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #17 by replacing any dead or diseased plantings as soon as seasonably possible. 19. The installation of,exterior light fixtures is limited to those approved in'Exhibits #13 and #14, and shall be mounted no higher than 20 feet above grade level. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 20. No exterior signs other than those approved in Exhibit #6 shall be installed without the prior written approval of the District Commission. 21. The Permittees and all successors and assigns shall comply with the energy conservation recommendations of the Public Service Department as stated in Exhibit #19. Prior to ordering any energy intensive equipment, the Permittees shall submit information on energy efficiency measures to the Department of Public Service for review and comment and to the District Commission for approval. 22. The installation and/or use of electric resistance space heating is specifically prohibited without the prior written approval of the District Environmental Commission. 23. No further subdivision and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission. 24. All construction on this project must be completed by October 31, 1998. 25. Pursuant to 10 V.S.A. Section 6090(b) (effective June 21, 1994), this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. 26. Failure to comply with all of the above -conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Land Use Permit #4C0643-3B Page 5 Dated at, Essex Junction, Vermont, this 22ndday of November, 1995. By J�ri C. Drake, Chairperson District #4 Commission Commission members Faith Inguls d participating in this District Coordinator decision: Peter Clancy Thomas D. Visser Any appeal of this decision must comply with all provisions of 10 V.S.A. §6089 and Environmental Board Rule 40 including the submission of ten copies of the following:' notice of appeal, a statement of,why the appellant believes the commission was in error, a statement of the issues to be addressed in the appeal, a summary of the evidence that will be presented, a preliminary list of witnesses and this decision. Decisions on minor applications may be appealed if a hearing was held by the district commission or timely requested by the appellant. EXHIBIT LIST FOR APPLICATION # 4C0643-3B PAGE # 1 E X H I B I T N O. DATE R E C E I V E D E N T E R E D B Y A = APPLICANT T = TOWN EC = ENVIRONMENTAL CONSERVATION TPC = TOWN PLANNING -COMMISSION RPC = REGIONAL PLANNING COMMISSION ANR = AGENCY OF NATRUA'L RESOURCES AOT = AGENCY OF TRANSPORTATION DPS = DEPARTMENT OF PUBLIC SERVICE VDH = VT DEPARTMENT OF HEALTH NATURE OF EXHIBIT DATE ENTERED 1 06/22/95 A Land Use Permit Application ( Revised 07/06/95) 2 " " Schedule A - Fee Information 3 " " Schedule E - Adjoiner Information 4 " " Schedule F - Certification of Service (06/22/95) 5 " " Project Site Maps 6 " " Schedule B - Act 250 Information 7 " " Letter by Wallace Possich, Fire Chief, South Burlington Fire Department (05/26/95) 8 " " Letter by John Choate, Manager of City of South Burlington (06/19/95) 9 " " Letter by Mark Bergeron, Commercial Representative, Vermont Gas (05/25/95) 10 " " Letter by GAry Sundberg, Nynex Engineering Department (05/25/95) 11 " " Letter by Louis Fonte, Dir. of Eng., Green Mountain Power Corp, (06/06/95) 12 " Letter by Charles Lyons, Manager of Real Estate, VELCO (06/06/95 13 " " Lighting Excerpt Sheet 14 06/22/95 Plan: Site Plan, 1 of 4 (rev. 05/31/95) 15 it" Plan: Details, 2 of 4 (04/95) 16 ffPlan: Details, 3 of 4 (04/95) 17 11/21/95 Plan: ,Landscape. Plan, 4 of 4 (Rev. 08/30/95) l 18 07/11/95 kNR - Letter by Randy Bean, Agency of Natural Resources to John Steele (07/10/95) 19 07/21/95 AN Document: Entry of Appearance and Pre -Hearing Comments (07/20/95) EXHIBIT LIST FOR APPLICATION # 4C0643-3B PAGE # 2 E DATE E A = APPLICANT X N T = TOWN H R T EC = ENVIRONMENTAL CONSERVATION I E E TPC = TOWN PLANNING COMMISSION B C R RPC = REGIONAL PLANNING COMMISSION I E E ANR = AGENCY OF NATRUAL RESOURCES T I D AOT = AGENCY OF TRANSPORTATION V DPS = DEPARTMENT OF PUBLIC SERVICE N E B VDH = VT DEPARTMENT OF HEALTH 0. D Y NATURE OF EXHIBIT DATE ENTERED 20 07/25/95 AOT Comment letter by Todd Ronson, Agency of Transportatir to District Coordinator (07/18/95), 21 08/03/95 A Cumulative Impact Statement 22 08/18/95 ANR Document: Water Supply & Wastewater Disposal Permit #WW-4-0886 (08/17/95) 23 08/18/95 ANR Document: Subdivision Permit #EC-4-1183-2 (08/17/95) 24 08/24/95 ANR Letter by Catherine O'Brien, Water Quality Division to John Steele (08/18/95) 25 11/20/95 A Conditional Use Determination (11/06/95) I CERTIFICATE OF SERVICE I hereby certify that I, Marsha Cota, Secretary for the Environmental Board, sent a copy of the foregoing LAND USE PERMIT 'AMENDMENT #4C0643-3B by U.S. Mail, postage paid on this 22nd day of November, 1995 to the following: ;PARTIES :Ken P. Smith 181 Ethan Allen Drive ;South Burlington, VT 05403 iJohn Belter !Two Country Club Drive !South Burlington, VT 05403 John Steele, P.E. FitzPatrick-Llewellyn Incorporated One Wentworth Drive Williston, VT 05495 Margaret Picard, City Clerk Chair, Selectboard Chair, Planning Commission 'City of South Burlington `575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main Street, 2 Center Waterbury, VT 05676 FOR YOUR INFORMATION District #4 Environmental Commission John,Drake, Chair Thomas Visser Peter Clancy 111 West Street Essex Junction, VT 05452 Ernest Christianson, Reg. Eng. Donna Chandler Wastewater Management Division VT Department of Health 111 West Street, ANR PO Box 70 Essex Junction, VT 05452 Burlington, VT 05402 Dated at Essex Junction,` VT this 22nd day of No ember, 1995. � � 1 4C06433B/#2 Marsha Cota City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 13 , 1995 Skip McClellan FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Industrial Building, 49 & 53 Commerce Avenue Dear Mr. McClellan: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the June 13, 1995 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please give me a call. Sincerely, �6e-' lJov `' Joe Weith,rQ City Planner JW/mcp 1 Encl cc: Ken Smith STATE OF VERMONT AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: K.P. Smith ) DISTRICT ENVIRONMENTAL John Belter ) COMMISSION ##4 APPLICATION ##4C0643-3B July 20, 1995 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Natural Resources, State of Vermont, by and through its attorney, Kurt Janson, Esq., in the above -captioned matter. PRE -HEARING COMMENTS Criterion l(B) - WASTE DISPOSAL Sherri Kasten, Hazardous Materials Specialist with the Hazardous Materials Management Division (HMMD), reports that every hazardous waste handler in Vermont is required to notify the State of their hazardous waste activities. Section 7-104 of the Vermont Hazardous Waste Management Regulations requires that "Any person who generates or transports hazardous waste or who owns or operates a facility for the treatment, storage, use, disposal, or recycling of hazardous waste shall notify the Secretary of such activity (emphasis added)" (this includes the generation, marketing, burning, and/or transportation of waste oil fuel). The HMMD notes that the applicants' proposal to construct an industrial building may entail the handling of hazardous wastes. Therefore, the HMMD requests that the applicant adhere to the notification requirement before undertaking any handling of hazardous wastes. For more information regarding the notice requirement, the applicant should contact the HMMD at (802) 241-3888 and ask for the Hazardous Waste Management Program. Criteria 9(F) and (Q) - ENERGY CONSERVATION and PUBLIC UTILITIES Stuart Slote, Demand -Side Management Specialist with the Department of Public Service (DPS), comments that while the project is presently unable to provide specific details on energy efficiency due to the nature of the project, there are some items that can be evaluated. Regarding the building envelope, the DPS requests that the applicant evaluate alternative roof insulation levels as the proposed R-19 may not be the most life cost-effective Application #4C0643-3B July 20, 1995 Smith/Belter Page 2 amount. Furthermore, Vermont Gas Systems, Inc. (VGS) should conduct its own analysis to determine which level is optimum, from the utility's perspective. Since tenants are presently unknown, in order to ensure that the best available technology is incorporated into the project, the DPS requests the District Commission to include a condition in any Land Use Permit issued requiring the permittees to submit outstanding information on energy efficiency measures to the DPS for review and comment and to the District Commission for approval prior to the ordering of any equipment. VGS and Burlington Electric Department (BED) have programs to assist customers in evaluating equipment options relative to energy efficiency and load management. For information about the availability of energy efficiency programs, the DPS recommends that the applicant contact Bob Heryford, Workplace New Construction administrator for VGS, at 863-4511 and Loren Doe, New Construction Program Administrator for BED, at 658-0300. Mr. Slote can be reached at 828-4038. Dated July 20, 1995, at Waterbury, Vermont. Respectfully submitted, State of Vermont Agency of atural Resources By m . Caffry, sq. CERTIFICATE OF SERVICE I hereby certify that I, Peggy Pearson of the Planning Division of the Vermont Agency of Natural Resources, sent a copy of the foregoing Entry of Appearance and Pre -Hearing Comments dated July 20, 1995 regarding file #4C0643-3B (K.P. Smith), by U.S. mail, postage prepaid, to the following: Ken P. Smith 81 Ethan Allen Drive South Burlington, VT 05403 John Belter Two Country Club Drive South Burlington, VT 05403 John Steele, P.E. Fitzpatrick -Llewellyn Inc. One Wentworth Drive Williston, VT 05495 Margaret Picard, City Clerk & Chair, Selectboard & Chair, Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, VT 05452 Dated at Waterbury, Vermont, July 20, 1995 peg on Agency of Natural Resources Department of Environmental Conservation NOTICE A request for a Conditional Use Determination, required pursuant to the provisions of Section 8 of the Vermont Wetland Rules has been received from K.P. Smith through his representative John Steele of FitzPatrick-Llewellyn Inc. Approval is being requested for the construction of a parking lot, stormwater basin, and associated work in the buffer zone of a Class Two wetland on lots 25 and 26 of the Ethan Allen Industrial Park in South Burlington. This wetland has been designated as, a significant (Class Two) wetland by the Vermont Water Resources Board. Copies of the application are available for review at the Vermont Wetlands Office' in Waterbury,, the Town Clerk's Office in South Burlington, and the Regional Planning Commission,' Office in Essex Junction. Conditional Use Determinations- may only be approved if it .is shown that the proposed conditional use will not have an undue adverse impact on the functions and values of any significant wetlands or their adjacent buffer zones. Any person may file comments in writing on this application through October 6, 1995 with: Catherine O'Brien, Assistant Wetlands Coordinator Water Quality Division Department of Environmental Conservation 103 South Main Street 10 North, Second Floor Waterbury, VT 05671-0408 eruie :+O'Brien 'AsOstanf 'Wetlands Coordinator COB:pu Enclosure ' cc: Distribution List State of Vermont SUBDIVISION PERMIT Case: EC-4-1183-2 Applicant: John & Joyce Belter Address: 2 Country Club Drive South Burlington, Vermont LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective September 10, 1982 05403 This project, consisting of combining lots #25' and #26 into one lot being 2.75 acres in size for the construction of the building referenced in Water Supply and Wastewater Disposal Permit WW-4- 0886 located off Commerce Street 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 4CO643. GENERAL 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106 'or 658-2199), the Vermont Department of Health (phone 863-7220), the Water Supply Division (phone 241-3400) and local officials PRIOR to proceeding with this project. 2. The project shall be completed as shown on the plans Project Number 95039 Sheet 1 of 4 "Site Plan" dated April 1995 last revised 7-21-95 prepared by FitzPatrick-Llewellyn, Inc. and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 3. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance,of the lot. 4. This project has been reviewed and is approved for the construction of the building referenced in Water Supply and Wastewater Disposal Permit WW-4-0886. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Skibd i „ lion Permit EC--4-11,83-2 Page 5. The* conditions of this permit shall run with the land and wll' be binding upon and enforceable against the permittee an*,all assigns and successors in interest. The permittee =31iall be responsible for the recording of this permit and -h.e "Notice of Permit Recording" in the South Burlington ,:,(_id Records within 30 days of issuance of this permit and or to the conveyance of any lot subject to the 1",isdiction of this permit. &, 'conditions set forth in Subdivision Permit #EC-4-1183-1 4.t.-,-ed June 15, 1988 shall remain in effect except as �';ified or amended herein. k:11 conditions set forth in Water Supply and Wastewater 'nisposal Permit #WW-4-0886 dated August 17, 1995 shall ;-^main in effect as they pertain to this permit for „.-,,stewater disposal and water supply. Datl,:=i :It Essex Junction, Vermont this 17th day of August, 1995. William C. Brierley,,Commissioner Depa tment of Environmental Conservation By C)_ Erfzest P. Christians Regional Engineer c ,Por the Record .,Oath Burlington Planning Commission Ai"TMY'turlington Selectboard Act 250 Coordinator -Louis Borie 'dater Supply Division n�!pt. of Labor and Industry At.zPatrick-Llewellyn, Inc. State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation council RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDO>Voice 1-800-253-0195 Voice>TDD August 10, 1995 John & Joyce Belter 2 Country Club Drive South Burlington, VT 05403 -Dear Applicant: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation I Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802)879-6563 Subject: WW-4-0886 ; Belter Sub. Combine Lots 25 & 26 for prop. ind. bldg. mun. water & sewer 3000 gpd 2.5A located Commerce Street in South Burlington, Vermont. We received your completed application for the referenced permit on 08/01/95, including a fee of $1080 paid for by Check Number 1007. This application falls under the Water/Wastewater:' Greater than 1000 GPD'Program Area, and under the Performance Standards for this program area, we have 45 days of 'in-house' time for our review of your application. The information contained in your application has been forwarded to the Permit Specialist and an Act 250 District Coordinator. If not included with this letter, a Project Review Sheet will be sent under separate cover. A Project Review Sheet indicates other State agencies and departments you should constact regarding additional- permits or approvals you may need -under their programs. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563 for Chittenden, Franklin, Grand Isle and Addison Counties. If you have questions relating to other department and agency jurisdictions, you can reach the Permit Specialist at this office. If you have any questions about the review process, or if ,you have not received a decision on your application within the 45 days in-house, please contact this office. SUBDIVISION APPLICATION EC-4-1183-2 WILL BE PROCESSED WITH THE ABOVE WATER SUPPLY & WASTEWATER DISPOSAL APPLICATION. rely, ae o erge - Administrative Secretary c: South Burlington Planning Commission South Burlington Selectboard Fitzpatrick-Llew. Chlorine Free 100% Recycled Paper Regional Office - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury NOTICE OF APPLICATION AND HEARING ACT 250 MINOR APPLICATION #4CO643-3B 10 V.S.A., CHAPTER 151 Notice is hereby given that on June 22, 1995, an application was filed by K.P. Smith, 81 Ethan Allen Drive, South Burlington, VT 05403, and John Belter, 2 Country Club Drive, South Burlington, VT 05403 to combine lots #25 and #26 of a previously approved subdivision.off of Ethan Allen Drive in South Burlington, Vermont, and to construct a 25,000 square foot multiple -tenant industrial building. The project will be serviced by municipal water and wastewater disposal systems. The District Environmental Commission will treat this application under Environmental Board Rule 51 -- Minor Applications (amended effective 9/1/184). A proposed permit has been prepared by the Commission and is available at the Commission's office. Findings of Fact and Conclusions.of Law will not be preparedsunless a public hearing is requested. The request shall state in writing with specificity why a hearing is required and what additional evidence will be presented. No hearing will be convened unless, on or before July 21, 1995, a party notifies the Commission or the Commission sets the matter for hearing on its own motion. If a timely hearing request is received, the hearing will be convened on or before August 1, 1995. Parties entitled to participate are the municipality, the municipal planning commission, the regional planning commission, state agencies, adjoining property owners, and persons granted party status pursuant to Board Rule 14(B). Dated at Essex Junction, Vermont, this (J0.41)d-ay of July, 1995. Mul Faith Ingulsrud District Coordinator 111 West Street Essex Junction, Vermont 05452 879-6563 Districts #1 & #8 RR #2, Box 2161 Pittsford, VT 05763 (802) 483-6022 Districts #2 & #3 RR #1, Box 33 N. Springfield, VT 05150 (802) 886-2215 '(Districts #4, #6 & #9 111 west Street Essex Junction, VT 05452 (802) 879-6563 STATE OF VERMONT Environmental Board District Environmental Commission MEMORANDUM TO: All Parties '�f� FROM: Faith Ingulsrud�"District Coordinator District #5 324 North Main Street Barre, VT 05641 (802) 479-3621 District #7 184 Portland Street St. Johnsbury, VT 05819 (802) 748-8787 Environmental Board Office 120 State Street Montpelier, VT 05620-3201 (802) 828-3309 DATE: June 27, 1995 SUBJECT: Land Use Permit application #4C0643-3B, K.P. Smith and John Belter, Ethan Allen Farms Lots #25 and #26. 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 the following: 1. A Water Supply and Wastewater Disposal Permit issued by the Regional Engineer of the Agency of Natural Resources; 2. A Stormwater Discharge Permit from the Agency of Natural Resources or evidence that a permit is not required; 3. A cumulative impact statement documenting the effect of this project on the overall allocations of parking, traffic and wastewater for the Ethan Allen Farms subdivision. 4. Plans showing proposed erosion control measures. 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 July 21, 1995. 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 #4 Environmental Office (telephone #879-6563). „w DRAFT yam. Stag of Vermont Y � LAND USE PERMIT AMENDMENT THIS IS A PROPOSED PERMIT: PLEASE SUBMIT YOUR COMMENTS BY JULY 21, 1995. CASE NO: 4C0643-3B LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 APPLICANT: K.P. Smith (Act 250) 81 Ethan Allen Drive South Burlington, VT 05403 and John Belter 2 Country Club Drive South Burlington, VT 05403 District Environmental Commission #4 hereby issues Land Use Permit Amendment #4C0643-3B, pursuant to the authority vested in it by 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 148, Pages 225, of the land records of the City of South Burlington, Vermont, as the subject of a deed to John H. Belter, with an option to buy by K.P. Smith, the "Permittees” as "Grantees". This permit specifically authorizes the Permittees to combine lots #25 and #26 of a previously approved subdivision off of Ethan Allen Drive in South Burlington, Vermont, and to construct a 25,000 square foot multiple -tenant industrial building. The project will be serviced by municipal water and wastewater disposal systems. The Permittees, and its 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 #4C0643 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. Land Use Pe rmit DRAFT #4C0643-3B Page 2 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 this permit, the Permittees agree to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. 5. By acceptance of the conditions of this permit without appeal, the Permittees confirm and agree for itself.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 Permittees and all assigns and successors in interest. 6. The project is approved for the following maximum cumulative impacts: 65 vehicle parking spaces 3,000 gallons per day of water and wastewater; 168 vehicle trips per day; 30 peak hour vehicle trips; 125 kilowatts of electricity. 7. This permit hereby incorporates all of the conditions of the Subdivision permit # issued on and the Water Supply and Wastewater Disposal Permit # issued on by the Regional Engineer, Division of Wastewater Management, Agency of Natural Resources. 8. The Permittees 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. 9. Stumps shall be disposed of above the seasonal highwater table or at a State -approved landfill. 10. The Permittees shall provide a copy of the Discharge Permit to the District Environmental Commission prior to commencement of construction. The Permittees and all assigns and successors in interest shall comply with all of the terms and conditions of the Discharge Permit File No. issued by the Agency of Natural Resources. Land Use Permit DRAFT #4C0643-3B Page 3 11. The installation of,any floor drains that do not discharge into the municipal wastewater disposal system is specifically prohibited without prior written approval of the District Environmental Commission. 12. The Permittees shall notify the District Commission and obtain their written approval prior to the operation of any manufacturing use that involves the storage, production and handling of hazardous materials. Any hazardous waste handler shall also notify the State Hazardous Materials Management Division. 13. The Permittees shall apply to the District Environmental Commission for approval for any change in the use of the building or land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes.into.the soils. 14. The Permittees 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 when new fixtures are being installed. An alternative water conservation plan may be presented to the Commission for approval before implementation. The approved alternative shall be implemented and maintained by the Permittee(s) for the duration of the permit. 15. The Permittees shall comply with Exhibits # for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans prior to commencement of construction. The Permittees'shall prevent the transport of any sediment beyond that area necessary for construction approved herein. From -October 1 to April 15 of any calendar year, all disturbed areas of the construction site shall be mulched until final vegetative cover is established. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The 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 it deems necessary. 16. In addition to conformance with the requirements of Land Use Permit DRAFT #4C0643-3B Page 4 condition #15, the Permittees 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 Permittees from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. 17. The Permittees and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #17 by replacing any dead or diseased plantings as soon as seasonably possible. 18. The installation of exterior light fixtures is limited to those approved in Exhibits #13 and #14, and shall be mounted no higher than 20 feet above grade level. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated.. 19. No exterior signs other than those approved in Exhibit #6 shall be installed without the prior written approval of the District Commission. 20. The Permittees and all successors and assigns shall comply with the energy conservation standards approved of by the Public Service Department as stated in Exhibit # . 21. No further subdivision and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission. 22. All construction on this project must be completed by October 31, 1998. 23. Pursuant to 10 V.S.A. Section 6090(b) (effective June 21, 1994), this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. 24. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Land Use Permit #4C0643-3B Page 5 Dated at Essex Junction, Vermont, this 1995. By DRAFT Faith Ingulsrud District Coordinator day of DRAFT John C. Drake, Chairperson District #4 Commission Commission members participating in this decision: Peter Clancy Thomas D. Visser Any appeal of this decision must comply with all provisions of V.S.A. §6089 and Environmental Board Rule 40 including the submission of ten copies of the following: notice of appeal, a statement of why the appellant believes the commission was in error, a statement of the issues to be addressed in the appeal, summary of the evidence that will be presented, a preliminary list of witnesses and this decision. Decisions on minor applications may be appealed if a hearing was held by the district commission or timely requested by the appellant. 10 a CERTIFICATE OF SERVICE I hereby certify that I, Marsha Cota, Secretary for the Environmental Board, sent a copy of the foregoing Act 250 Minor Notice of.Application and Hearing 04C0643-3B by U.S. Mail, postage paid on this 6th day of July, 1995 to the following: PARTIES Ken P. Smith 81 Ethan Allen Drive South Burlington, VT 05403 John Belter Two Country Club Drive South Burlington, VT 05403 John Steele, P.E. FitzPatrick-Llewellyn Incorporated One Wentworth Drive Williston, VT 05495 Margaret Picard, City Clerk Chair, Selectboard Chair, Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden,County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main Street, 2 Center Waterbury, VT 05676 FOR YOUR INFORMATION John Drake, Chair / Thomas Visser / Peter Clancy District #4 Environmental Commission Ill West Street Essex Junction, VT 05452 District Conservationist Soils Conservation Service 18 Blair Park, RD 207 Williston, VT 05495-9406 District Conservationist 41 Pond Road Shelburne, VT 05482 Page 2 Certificate of Service Permit #4C0643-3B William Hall, County Forester Larry Garland, Fish & Wildlife Coordinator Agency of Natural Resources 111 West Street Essex Junction, VT 05452 Burlington Free Press Classified Ad Section 191 College Street Burlington, VT 05401 Stuart Slote, Energy Engineer Department of Public Service Energy Efficiency Division State Office Building Montpelier, VT 05620 Dan Gaherty Green Mountain Power Corporation PO Box 850 South Burlington, VT 05402-0850 Scott Albertson Vermont Gas Systems PO Box 467 Burlington, VT 05402 Dated at Essex Junction, VT this 6th day of July , 1995. n1 C4t� 4C06433B/#2 M sar ha Cota City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 23, 1995 John Steele FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Smith Industrial Building, Commerce Avenue Dear John: ZONING ADMINISTRATOR 658-7958 Please be advised that the South Burlington Planning Commission granted a sewer allocation of 3000 gpd for the above referenced project. This facility will be served by the City's Airport Parkway Treatment facility which has sufficient capacity to handle the additional demand. i cerely tWeeith, Planner JW/mcp State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD Ken Smith 81 Ethan Allen Drive South Burlington, VT 05403 . AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DIVISION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 802-2413770 Fats 802-2413287 June 23, 1995 RE: Development of Lots 25 & 26, Ethan Allen Industrial Park, S. Burlington Dear Ken: Thank you for meeting me on May 25, 1995 regarding the proposed development of the above referenced lots.. As we discussed, a Class Two wetland is located at the toe of slope at the rear of these lots. Any activity in a Class Two wetland or associated 50 foot buffer zone, other than allowed uses specified in Section 6.2 of the Wetland Rules, requires a Conditional Use Determination (C.U.D.) from the Agency of Natural Resources (Vermont Wetland Rules, Section 6.3 and 8). Such a determination may only be granted if it is shown that the proposed activity will not have undue adverse impacts on protected wetland functions [Vermont Wetland Rules, Section 8.5(a)]. As we discussed, the Vermont Wetland Rules make the presumption that a 50 foot buffer zone is necessary to protect the functions and values of Class Two wetlands. The burden of proof is on the applicant to show that a lesser buffer zone is sufficient. You asked me to indicate to you what the likely of receiving a CUD for the development up to the top of the bank. Based on the information I have currently available to me about this wetland, I believe that a 50 foot buffer is necessary to adequately protect the functions of the wetland on this property, particularly the wildlife habitat and that a lesser buffer as you have proposed would have more than a minimal adverse impact. The Wetland Rules require that adverse impacts, other than minimal impacts, must be mitigated. The first steps of mitigation is demonstrating that there are no practicable alternative to impacting the wetland and/or buffer zone and that the project has minimized wetland and buffer zone impacts to the maximum extent practicable. It appears that these steps have not been met. I spoke with Kurt Janson, Land Use Attorney, regarding the issue of whether this project would be grandfathered from the Vermont Wetland Rules since the Industrial Park received Chlorine Free 100% Recycled Paper Reqional Office - Barre/Essex Jct /Pittsford/N Springfield/St Johnsbury V h an umbrella 250 permit. He felt that it is clear that this project is not grandfathered since a 250 permit amendment is required and the project would have an adverse impact on the wetland functions. I am, therefore, enclosing a CUD application form for your information. Please call me if you have any questions or comments. Sincerely, Catherine L. O'Brien Assistant Wetlands Coordinator cc: Larry Garland, District Wildlife Biologist Ray Belair, City of South Burlington Skip McClellan, Fitzpatrick -Llewellyn Inc., 1 Wentworth Drive, Williston enc. co\kensmith.let FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 June 20, 1995 Joe Weith, Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: K.P. Smith Industrial / Commercial Building Lots 49 and 43 Commerce Avenue, South Burlington File: 95039 Dear Joe: We are preparing to submit an Act 259 Application for the above project. Please complete and return the enclosed Municipal Impact Questionnaire along with a letter confirming the City's 3000 gpd sewer and water allocation for this project. Thank you for your assistance. Sincerely, ATRICK-LLEWELLYN INCORPORATED encl. C \WPWIN60\WPD0CSWAS\95039 L11 Design • Inspection 0 Studies • Permitting • Surveying 6/13/95 MOTION OF APPROVAL KENNETH SMITH I move the South Burlington Planning Commission approve the site plan application of Kenneth Smith to construct a 25,000 square foot building for a multiple of commercial and industrial uses for a maximum of 10 tenants, 49 and 53 Commerce Avenue, as depicted on a four (4) page set of plans, page one (1) entitled "Ken Smith Property, Lots 25 & 26 South Burlington, Vermont, Site Plan", prepared by FitzPatrick-Llewellyn, Inc., dated April, 1995, last revised 5/31/95, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This approval is for the following uses which are currently permitted in the Industrial and Commercial District: light manufacturing; warehouse, storage and distribution facilities; research and testing laboratories; wholesale establishments; and equipment service and repair shops not including retail. If the zoning regulations change so that any of the above uses are no longer permitted, then those uses which are no longer permitted shall no longer be approved. 3. This approval is conditioned on a maximum of 65 parking spaces, 3000 gpd sewer allocation, and 30 P.M. peak hour trip ends. 4. The applicant shall obtain approval from the City Planner prior to the change of any tenant in the building. The City Planner shall approve the proposed new tenant only if the proposed combination of uses fits within the limitations established in stipulation #3 above. In making his determination, the City Planner shall utilize the parking standards contained in Appendix A in the Zoning Regulations, trip generation rates contained in the I.T.E. Trip Generation Manual, and sewer flow quantities used by the Vermont Agency of Natural Resources. If a use is proposed which does not fit clearly within any of these standards, or if a shared parking concept is proposed in order to meet the parking limit, the applicant shall obtain approval from the Planning Commission for the proposed use. 5. Prior to issuance of a zoning permit, the applicant shall pay the sewer allocation fee for the 3000 gpd of approved sewer allocation. 6. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 1 7. The plans shall be revised prior to issuance of a zoning permit to show the changes listed below and shall require approval by the City Planner. Three (3) copies of the approved revised site plan shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show the limits of the C.O. District located at the southerly portion of the site. 8. The applicant shall post a $15,000 landscape bond prior to issuance of a zoning permit. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 9. The applicant shall pay the sidewalk fee of $15 per linear foot UP prior to issuance of a zoning permit. 10. The Planning Commission approves two (2) driveways for this property pursuant to Section 26.103(a) of the zoning regulations. It is the Commission's opinion that due to the nature and size of the building and the site layout, the two (2) driveway design will facilitate traffic circulation. 11. The applicant shall submit a lot merger agreement for approval by the City Attorney. This agreement shall be recorded in the land records prior to issuance of a zoning permit. 12. The applicant shall obtain a zoning permit within six months or this approval is null and void. 13. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of any new tenant space. 14. Any changes to the site plan shall require approval by the South Burlington Planning Commission. E Memorandum - Planning June 13, 1995 agenda items June 9, 1995 Page 6 Access/circulation: Access to two (2) of the units will be via a shared access with lot #7 and the other dwelling unit's access will be via a shared access across lot #5. Circulation is adequate. Coverage/setbacks: Building coverage is 7.2% (maximum allowed is 20%). Overall coverage is 13% (maximum allowed is 40%). The structure being converted does not meet the front setback requirement and is therefore a non -complying structure subject to Section 26.002 of the zoning regulations. The ZBA previously granted a variance to allow this structure to be expanded beyond the 35% maximum allowed. Parking: A total of six (6) parking spaces is required and six (6) spaces including two (2) handicapped spaces are being provided. A bike rack is being provided as required under Section 26.253(b) of the zoning regulations. Landscaping: The minimum landscaping requirement, based on building costs, is $900 which is not being met. The final plat plans should include a landscaping plan for the lot which meets the minimum requirement. A planting schedule should also be included. Lighting: Exterior lighting details indicate that fixtures will not be downcasting and shielded. Applicant should submit details of alternate fixtures prior to final plat which meet this requirement. 7) KENNETH SMITH - INDUSTRIAL/COMMERCIAL BUILQZNGI- SITE PLAN This project consists of the construction of a 25,000 square foot building for a multiple of commercial and industrial uses for 10 tenants on two (2) lots which will be merged into one (1) lot. The ZBA on 6/12/95 will consider the applicant's request for a conditional use permit for the multiple use of the building. This property located at 49 and 53 Commerce Avenue lies within the IC and CO Districts. They are bounded on the east and west by undeveloped lots, on the south by undeveloped property and on the north by Commerce Avenue. Memorandum - June 13, 1995 June 9, 1995 Page 7 Planning agenda items The applicant is requesting to use the proposed building for 10 tenants for any of the permitted uses listed below. This request is being made with the provision that all the uses would not require more than 65 parking spaces, would not generate more than 3000 gpd in sewer demand and would not generate more than 30 vehicle trip ends during the P.M. peak hour. The reason for this request is so the applicant can have the flexibility of changing tenants whose uses fall within the approved sewer, traffic and parking limits without having to return to the Planning Commission each time. When a use is to be changed, the applicant would contact the City Planner and he would review the existing uses and the proposed use to make certain that it does not exceed the upper limits approved by the Planning Commission. Uses being requested are as follows: 15.103 Light manufacturing 15.104 Research and testing laboratories 15.106 Wholesale establishments 15.107 Warehousing, storage and distribution facilities 15.111 Equipment service and repair shops not including retail Access/circulation: Access is to be provided via two (2) 24 foot wide curb cuts on Commerce Avenue. Section 26.103(a) of the zoning regulations states that "unless specially approved by the Planning Commission there shall be a maximum of one driveway per lot accessing a public street". Staff supports the two (2) curb cut design due to the nature and size of the building and the site layout. This design will facilitate traffic circulation. Circulation is adequate. Coverage/setbacks: Building coverage is 22.3% (maximum allowed is 30%). Overall coverage is 68.7% (maximum allowed is 70%). Front yard coverage is 23.4% (maximum allowed is 30%). Setback requirements will be met. Parking: A total of 65 parking spaces are available for the proposed uses. Landscaping: The minimum landscaping requirement, based on building costs, is $15,000 which is being met. Plantings will 7 Memorandum - Planning June 13, 1995 agenda items June 9, 1995 Page 8 include Red Maple, Crabapple, Austrian Pine, Willow and American ! �' Elder. Traffic: The applicant is requesting approval for a maximum of 30 vehicle trip ends (vte's) during the P.M. peak hour. The applicant should be aware that the road impact fee for 30 vte's is approximately $6,000. Sewer: The sewer allocation requested is 3000 gpd. The applicant will have to pay the per gallon fee prior to permit issuance. Dumpster: The dumpster storage area will be screened with a stockade fence. Lighting: Exterior lighting will consist of seven (7) 70 watt high pressure sodium building mounted downcasting and shielded fixtures. C.O. District: The southerly portion of the project is within a tyrs C.O. District resulting from a wetland and wetland buffer area. Approximately 25 feet of the paved parking area will be encroaching into the wetland buffer. The Natural Resources Committee reviewed these plans at their May 9, 1995 meeting and made suggestions to mitigate the impact to the wetland area. This plan incorporates those suggestions. The plan should be revised to show the limits of the C.O. District which is 50 feet to the north of the bottom of ' the bank. Sidewalk: The subdivision approval which included this lot required that the developer either contribute $15 per linear foot frontage or build the sidewalk along the frontage. Staff' recommends that the developer pay the fee.1~ a 8) GERMAINE LECLAIR - 3 LOT SUBDIVISION - PRELIMINARY PLAT This project consists of the subdivision of a 43,579 square foot lot with a single family dwelling into three (3) lots of 9506 square feet (lot #1), 9504 square feet (lot #2) and 24,569 square feet (lot #3). Lot #3 is developed with a single family dwelling and a large accessory structure. The sketch plan was reviewed on 1/10/95 (minutes enclosed). This property located at 185 Patchen Road lies within the R4 District. It is bounded on the south by a day care center with an �,�J '--, sl . ' J /% /' ` %S- � " i . � � (, ! / r�` ,: �:. .A �''� `-' �},:'� �- K�PSmith GENERAL CONTRACTORS June 2.19Q5 To: Mr. Raymond Be|oir The City ofSouth Burlington RE: K.P. Smith Building Project Lot 25/2OEthan Allen Farms Industrial Park The following are permitted and conditional uses in the Industrial / Commercial district for which approval is being sought: 1 --R-e-searc -and test laboratories c�h o 7. ecuritv g. 1O. rmore car se 71 cv—, 11. ' 12 r--- � 1S` � "�pu _/1 �_ � / �/ WALLIGHTER 175 LIJMINAIRE APPOCATIONS Building perimeters, entrances, walkways, residential yards, loading docks and many other wall mounted area fighting applications, • UL1572 Listed SUITABLE FOR WET LOCATIONS • CSA Certified .- - Standard Construction is IP55 • Two-piece die-cast aluminum housing • Acrylic refractor or vandal -resistant polycar- bonate refractor • Mogul or medium base lamps • Standard and tamper resistant hardware included '� • Thru-feed conduit entrance on side with built-in conduitclamps • Front access to ballast when mounted • For field installed Internal Glare Shield (IQS-W! 175) see Accessories. - Y.I�n iv u 1 A PROOUCT ID. xxxx WATTAGECE XX VOLTAGE BALLAST TYPE PE FUNCTfO(VPA=ActYiic W1LR= Weliipphror See Ballast t X See Ballast and Photo X See Ballast and PhotometricI X 1 =None 115(fNopul Socket and Photo ho metric Selection Table For PE Kit, seeBase Accessories Standard metric ric ion 71eld Selection Table Lamwithp) t Tebeltiort 0 r120/208/orp Wally htert751Medwm 05=50 S or Multivoftrtith 240/217W1SR= p=100rc 1=120 PN-N Socket th 2 -208 orBase Standard 15=150W 3=240 with tamp) (55V) only) 4 =277 W1LG= 17=175 6 480 Wally hter 115 (Mcppul Q`J41 Base witho F =120X347 Limp with Internal Glare Shield) w1Sc: - Walliphi0r 175 (Medium Bass wth Lnn�p end lniemBi c.arr:Snield SP rlJ \The atitl09 nurnb•rt, optfont -(I modd,cttiom V �.'cn tnit pap• rya Ul U1I 4nlass otntltw zo not•d k rl•p�ttc .0 Tr•d•m•rk of Gon•rol Eiactrle Compeny a•re tubfacr to chrnp• Wthour float' 1 ; IES DISTRI• IXUTIl1NTYPE 1C�OLOR I 1 I DB = Dark Sae Ballast Branze and Photometric Selection Table M- Medium S = Short N= Non -Cutoff S = Sem;•Cutoff 2- Type II 3=Type Ili 4=Type IV i I OPTIONS )O( B -Time Delay Automati• tally Switched Quartz F -Fusing (Not available with muftivolt or 12OX347VI 4=Non-Time Delay Automati- cally Switched IJ Quartz AGE Lighting S0ems : ,;f MW,*.,,a. xNOCKOUi FOR AA FOhl 60in (I7nln))�IA 35Gin (9min)DAKNOCKOUT 314"CONDUIT 314• CONOuiT KNOCKOUTF'OR (4P�ACES1 128in (5,nm)0IAKNOCKOUr PE KIT ASSEMBLY FOR USE WITH 4.0001n (102mm) 7 7501n y..i 4000 to t 4.375 m. OCTAGON BOX (4 PLACES) �(197mm) (102mm.) (111mm) 1.3751n (35mm)) MAX 625in (16mm)MIN r `8 344 In (161 trim) 129751n. OII i0 2.8 Sln ' ) (327mm) r (7 m) " �•� 150In (4mm) �I .876 In. (22mm) CIA 00 1 437In. DIA 4.0 in r GASKET 14.4381n. (11mm) DIA (t02mm) (2PLIICES) a,000in. INTERNALGLARE (367mm) (203mmJ SHIE LOOPTION 188 kn5mm) DIA KNOCKOUF 1881n. (5mm) DIA KNOCKOUT FOR US WITH 3 250 in (83mm) FOR USE WITTHH GEM•BOX OCTAGON 8OX (4 PLACES) (2 PLACES) ii. BALLAST AND PHOTOMETRIC SELECTIONi All light sources are clear unless otherwise indicated. Acr Ikc P01 cerboneu Ballast Tye IES Photometric IES Photometric yP Distri• Curve Dlstri• Curve Light Voltage bution Number bution Number Wattage Source Muitivolt 120 208-- 240 ,- 217 480 347, 120X347 T e 35.17•••• Tyne M.17•••- W1LR MOGUL BASE WITHOUT LAMP j SO MPS H H, K, N H H H H M —� SN4 8047 SN4 80�6� .., 70, 100, 150(55V) HIPS A, H A, M, K, M A. H, M A, N. M A. H, M A, M A, H SN4 8047SN4 Boo MH or Merc A A A A A A _ A SN4 8051 SN4 8050 175 MH or Marc A A A A A A A SN4 $049 SN4 8048 W1SR MEDIUM BASE WIT14 LAMP J 70, 100, t50(55V) HIPS_S N N N/A NIA NIA N N _� IN3 8053 _ tN3-' 6052 - 70,100 _ MH Ion1 J H NIA NIA NIA NIA N!A N(A _ T tN2 � 8055 SN2 8054 J0,100�� N MH (only) N NIA NIA NIA N/A NIA N!A SN2 8057 SN2 8055 r 176 MH or Mere A NIA ,- N/A _ _ NIA _ N/A A A iN2 8055 SN2 8054 i 175 MH or More A NIA NIA N/A N/A A A SN2 8057 SN2 8056 WiLG MOGUL BASE WITHOUT LAMP WITH INTERNAL GLARE SHIELD _ 50 kF'S� H M, K. N H M M 1 N + H C1F C/F SN4 1476 70, 100, 150(55V) MPS A, H A. H, K, M A, H, M A, H, M A, H, M A. M A, H C/F CIF SN4 847e 176 MH or Merc _ A A A A A A _ A _ CIF C/F MN4 841I 175 MH or Marc A A A A A A A _ CIF CIF S94 9478 ' (Cooled) W156 MEDIUM BASE WITH LAMP WITH INTERNAL GLARE SHIELD 10, 100.150(55V) tips N_ N N/A NIA N/A N N _ _ C/F CIF SS3 6478- ]0.100 MH (oily) H N/A N/A NIA N/A N/A • N/A SM3 8122 C/F CIF J07100 MH (only) M N/A NIA N/A— NIA NIA NIA SN4 9125 CIF CIF (Coetedl _ 1 175 _ Mh or Moro A NIA N/A N/A N/A A A C/F C/F C/F CIF 176 MH or Marc A NIA N/A N/A NIA A A C/F C/F CIF CIF r (Coated) _ , _ __ _ NOTE, N/A = Not Avellebls _ CIF;; Contact Factory _. i�REFERENCES A i••' See Page 5900 for start of Accessories pproximate Net Weight 15-251bs (6.8kgs) g ENectiveProjected Area 1.00sgft(0,09sgM) See Page 5980 for DistribUtion Type Classification Suggested Mounting Height 8-20 ft (3-7 M) aft# •uD1oct to cntanot Wlthour ngelce • 1 i 1 [IQfPSmith GENERAL CONTRACTORS 81 ETHAN AL.LEN DRIVE SCUU1N BUHLINUTaN, VT 135403 865-360A - 7 -, - FAX TRANSMISSION DATE: 4 /- -I- TIME: Y% Z. 6 �.-- # OF PAGES (INCLUDING COVER SHEET): �-� ----w 6 TO: FROM: RE: IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL 802J 865-3606 FASCIMILE 802/ 656-9612 CITY OF SOUTH BURLINGTON WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLINGTON, VERMONT 05403 TEL. 802-864-7454 Fitzpatrick -Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 May 30, 1995 RE: Act 250 Review: Lots 25/26 Ethan Allen Farms, Commerce Street, So. Burlington, Vt. Dear Sirs: In response to your request as to the capability of the South Burlington water distribution system to supply water to the above referenced project I submit the following. 1. The estimated demand of 2400 gallons per day can be met by the existing water distribution system without encumbering the existing users. If you have any questions or I can be of further assistance please do not hesitate to call me. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT !� zz:: John Choate Manager cc: J. Fay J. Weith ii yo YO 2 ,3C �v �.___�`,�..,_.� JaD Yl ccln Memorandum - Planning May 23, 1995 agenda items May 19, 1995 Page 8 Landscaping: The landscaping requirement, based on building costs, is $54 which is not being met. Staff recommends' that two (2) deciduous trees be planted along the property's frontage as approved by the city Planner. Parking: This project requires a total of six (6) parking spaces and six (6) spaces including one (1) handicapped space are being provided. A bike rack should be provided as required under Section 26.253(b) of the zoning regulations. Traffic: This property is located within Traffic Overlay Zone 5 which would allow this property to generate 16 vehicle trip ends ,(vte's) during the P.M. peak hour. ITE estimates that the proposed ,use will ,generate 6 vte's which is 2 vte's more than the current use generates. The applicant should be aware that the road impact fee wili be approximately $400. Se� No additional sewer allocation needed. E. 7 so~ QNNflr r rAeLE, OG ecr CAJ.OLA ADD e/2 AALK I W~ AAACMN "VOL f, W~ Ll,bef.Ar'e f." &wl-w "I" GRAPHIC SCALE a a son ( IN RIIT ) I Imh - SD fL J ' NOTES ' ( LANDSCAPING NOTES - GENERAL CONDITIONS i L ALL PLANTS TO BE FREE O= DISEASE, INFESTATIONS OR DAMAGE, AND SUBJECT TO APPROVAL OF LANDSCAPE ARCHITECT. 1 1 1 I 2. FAILED OR UNSATISFACTORY PLANTS TO ISE REPLACED AT NO C05T TO ' ' i THE OWNER I 3. ALL PLANTING TO BE PERFORMED DURING SPRING AND FALL PLANTING SEASONS OR WITH APPROVAL O= OWNER OR LANDSCAPE ARCHITECT 4 ALL WORK TO BE IN ACCORDANCE WITH AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS FOR MATERIALS, INSTALLATION AND MAINTENANCE. T / 1 5 CONTRACTOR TO PROVIDE ADEQUATE WATERNG TO MAINTAIN HEALTH OF PLANTS THROUGHOUT THE GROWING SEASON AND AS GUARANTEED. M I 1 6. ALL PLAITS TO BE MAINTAINED AT AN ACCEPTABLE QUALITY AND GUARANTEED FOR ONE FULL YEAR - / 11 / T . TREE AND SHR1B PLANTING DETAILS ARE ILLUSTRATIVE, REFER TO INDIVIDUAL DETAILS FOR SPECIFIC PLANTING REQUIREMENTS ------ i TREE AND PLANTING I. PLANT SPACING AND LOCATION TO BE AS SNOINN ON DRAWINGS AND SUBJECT TO APPROVAL OF LANDSCAPE ARCHITECT ALL TREES AND TO BE BALLED AND 15UNLAPPED OR 7CONTANERIZED, RECEIVED AND SET AT SAME DEPTH AS GROWN IN NURSERY. MULCH, WATER,DSTAKTREES OF ACCORDMFERTILIZE,G TO CAN ASSOCIATION NURSERYMEN STANDARDS ' I PLANT PITS TO BE AT LEAST 17 INCHES WIDER AND 6 INCHES DEEPER THAN ROOT BALL. J U N 2 7995 3 FERTILIZER FOR TREES AND SHRJBS TO BE GRANULAR 10-10-10 AND p APPLIED ACCORDING TO MANUFACTURER'S SPECIFICATIONS- I 4 PLANTS TO BE BACKFILLED WITH A MIX OF ONE PART PEAT OR HUMUS AND TWO PARTS SOIL EXCAVATED FROM THE PIT IF IT IS OF GOOD 1 V (\� ��tJ QUALITY REMAINDER O° BACICrILL MIX TO BE FORMED INTO A THREE OUTSIDE OF PIT TO O� �/O. Burlington FACILITATEAND WOOD CHIPS OR BARC RITO AWATERING INCHES A MINIMUMCODER TWOD TOPSOILING 1 I. MINIMUM DEPTH O° TOPSOIL N SEEDED LAWN AREAS TO BE 6 NCHE5! 1 N SODDED AREAS 4 INCHES. I 7. TOPSOIL TO BE A UNIFORM SANDY LOAM FREE FROM HEAVY CLAY [ SUBSOIL, STONES, ROOTS, WEEDS AND UNDESIRABLE SEED TOPSOIL TO HAVE AN ACIDITY RANGE OF pH 6 TO 6D AND NOT LESS THAN 5 1 1 TO 70% ORGANIC MATTER SAMPLES MAY BE REQUESTED BY THE LANDSCAPE ARCHITECT OR ENGINEER- ' 3 LIME TO BE ADDED AT THE RATE O° 10O LES PER IA00 SQ. FT (7 TONS PER ACRE) WLE66 SOIL TEST INDICATED OTHERWISE. j STANDARD FERTILIZER (10-70-70) TO BE APPLIED AT THE RATE O= T LBS. EPR )AMC SQ. FT (300 LBS. PER ACRE) LIME AND ' FERTILIZER TO BE RAKED INTO THE SOIL TO A MINIMUM DEPTH OF TWO INCHES P%Arrr LMr rCR PON JMiN P9-VFeRrr, 6OmI BIARI4sTCW rD 4Fr ecjp + / cwre;N NAPE era 1a90r rr AR AOER ARAM Pn, M49.e ] Vf - J. m e Nb PMUSA MDFWT aym J7Arr CM4e e-6' Be 9 r'H ►WU mtm4 ArtlrWAN rK Sr' am 37 M "Dr PUNROlA StllAMCO #Tjw_r u„ m 3.4' ere 20 eC &APMUMB C 44POYM AMBbrJN 11DM 7-!' BR e• SAUCER T-1 LA7MW 70 S e14LL MgMm Mi4T MCPF, UlCrAN7LLAR ".,I. aptAme m OBCIOUOIA TA4 AS NEEDM DOUBLE STRAND D OA OALVANI)m WNW - (7) 2W' MAMUDOD STAIQ6 V7• 1 J mom T1w YMr 7• (MIN)NLQI — TOMOL Pftxrdm (an NOTES) rm BACK Dift AP 6' CQMPACTM TOr6OL DECIDUOUS TREE PLANTING DETAIL SEEDING I SEED MIXTURE TO BE A6 FOLLOWS - INGREDIENTS SEEDING RATE 40% KENTUCKY BLUE GLUM 4 LISS. PER IA00 FT. 40% CREEPING RED FESCUE (115 LBO PER ACRE) 70% PERENNIAL RYEGRAS5 7. SEEDED AREAS TO BE PLANTED FROM 4/15 TO 6/1.5, BAB TO SAS, OR WITH APPROVAL O° OWNER OR LANDSCAPE ARCHITECT 3 ALL NEWLY SEEDED AREAS TO BE MULCHED IMMEDIATELY AFTER SEEDING WITH A 1/4 NCH LAYER O° WEED -FREE STRAW SPREAD UNIFORMLY AT A RATE OF 15 Q. TO 100 LB6. PER 1000 5FT. (i TONS PER ACRE). SPREADING BY MECHANICAL SPREADING DEVICES MAY BE USED IF APPROVED BY THE LANDSCAPE ARCHITECT SEEDED AREAS TO BE ROLLED AFTER MULCH IS APPLIED. AN EMULSIFIED ASPHALT MAY BE USED AS A MIJLCN BINDER WHEN USED, IT SHALL BE APPLIED AT THE RATE O° 150 GALLONS TO 200 GALLONS PER ACRE, OR AS DIRECTED BY T14E LANDSCAPE ARCHITECT. WHEN THE MULCH 16 SPREAD BY A BLOWER OR OTHER SIMILAR DEVICES, EMULSIFIED ASPHALT SHALL BE INJECTED INTO THE MULCH AT THE ABOVE RATE AS IT LEAVES THE BLOWER WHEN OTHER TYPES OF MULCH BINDERS ARE USED THEY SHALL BE APPLIED USING THE METHODS AND RATES RECOMMENDED BY THE MANUFACTURER. JUTE NETTING OR 61MILAR MATTING TO ISE USED TO ANCHOR STRAW MLC 4 ON SLOPES GREATER THAN 63, DRAINAGE WALES, OR AREAS WITHOUT A 'MULCH BINDER" WHERE WIND OR WATER MAY ERODE NEWLY PLACED SEED AND MULCH. NETTING TO BE SECURELY ANCHORED TO THE GROUND ACCORDING TO MANUFACTURER'S RECOMMENDATIONS PIEMR E P PMROMor M14 DEN M CQT ?MLcfJON OSIf]SD BLOCK N=AMe SrAne GF "AS JM4WN5 ? N M 1wl1• II�I:FICI.ITY ib IJM/t TIM Q7P1' N:7.ICw 1►f 4flleT I�VMlGTLL nu. �nR7ew.sc, nl�i, M�.unro" a nrri�w�oc�in�wr� r� ir�D� •••,• KEN SMITH PROPERTY /OVM1I a.If.Il9fA7 LOTS 25 & 26 KA�:xr LANDSCAPE PLAN RUIN rL4C'WV%T OI I..NOSC4r64.IS4At! O.e'ENie Oy,t Wr TO Be Rem RAe Ca ll� orr. e. LLEVELM D AM7 IUILLI>STON VERMONT O car.wawr x,n-e — 4 rm 4 E FITZPATRICK-LLEWELLYN INCORPd .ED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 • ' � i• Y � f� �� � � � 0.1givulmQ Cq V um( movv&[L DATE P 2 • .� J JOB NO. tJ O31 ATTENTION RE: WE ARE SENDING YOU Attached ❑ Under separate cover via <<�-L~ the following items: ❑ Shop drawings Jx Prints ❑ Plans ❑ Samp es ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 15 S t �1 t l 5 (-rev. 5 •3t • 15) 1 1( )L Sc f2tc.v % THESE ARE TRANSMITTED as checked below: For approval ❑ For your use XAs requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO RECYCLED PAPER: 0 Contents, 40 % Pre -Consumer • 10 % Post -Consumer SIGNED: - If enclosures are not as noted, kindly notify us at once. { City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 26, 1995 Skip McClellan FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Industrial Building, 49 & 53 Commerce Avenue Dear Mr. McClellan: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, June 2, 1995. If you have any questions, please give me a call. Sinc ely, ZO ✓�� VrGi �" Ra_Y.�..�,lN/.n"d J. Belair, Zoning and Planning Assistant RJB/mcp Encls cc: Kenneth Smith M E M O R A N D U M To: Project Files From: Raymond J. Belair Zoning and Planning Assistant Re: Preliminary Comments, June 13, 1995 agenda items Date: May 26, 1995 WIEMANN-LAMPHERE ARCHITECTS - OFFICE BUILDING - SITE PLAN --- provide separate front yard coverage information for each of the front yards. --- landscaping proposed has an estimated value of $3770 which is $13,730 short of the $17,500 minimum landscaping requirement. --- 96 parking spaces proposed and only 95 spaces proposed. --- plan should be revised to provide a minimum 5 foot snow storage area along southerly and easterly boundaries between parking area and property line. --- provide locations and details of all building mounted lighting. --- show location of any ground mounted HVAC equipment. --- building envelope depicted on plan is not correct along southerly boundary, this is a side yard not a rear yard (see Exhibit 28A of the zoning regulations). --- a conditional use permit must be obtained from the ZBA for this office building. --- applicant should be aware that the road impact fee will be approximately $13,000. --- roofed dumpster building must meet setback requirements, a fenced dumpster area would not need to meet setbacks. KENNETH SMITH - INDUSTRIAWCOMMERCIAL BUILDING - SITE PLAN --- site plan application indicates that Kenneth Smith is the owner of record of this property. City records indicate that John Belter is the owner. Application should be corrected. --- the minimum landscaping requirement of $15,000 is not being met. Landscaping proposed is $3500 short of the requirement. Landscaping plan should be revised to meet the minimum requirement. --- wetland boundary should be delineated by wetland expert to accurately determine the location of the C.O. District. The plan should show the boundaries of the C.O. District determined from the wetland delineation. 1 C Preliminary Memo - Planning June 13, 1995 agenda items May 26, 1995 Page 2 --- applicant should provide a list of those permitted and conditional uses in the IC District for which approval is being sought (conditional uses need approval from the ZBA). Approval can be granted for multiple uses with the condition that approval of each tenant must be obtained from the City Planner as long as the uses fit within the maximum number of parking spaces available, the sewer allocation and the number of P.M. peak hour trip ends approved. --- applicant should indicate the sewer allocation and maximum number of trip ends being requested. The applicant should be aware the road impact fee is based on the number of trip ends approved and the sewer impact fee is based on the number of gpd approved. --- show locations of exterior light fixtures and indicate the type and wattage of each fixture (provide cut -sheets). --- indicate type of dumpster enclosure proposed. --- the subdivision approval, which included this lot, required that the developer either contribute $15 per linear foot of frontage or build the sidewalk along the frontage. Staff recommends that the developer pay the fee. --- applicant should provide a bike rack as required under Section 26.253(b) of the zoning regulations. --- applicant should submit a lot merger agreement for review and approval by the City Attorney. This legal document should be recorded prior to issuance of a zoning permit. --- landscaping key for plants does not match the call -out on plan. GERMAINE LECLAIR - 3 LOT SUBDIVISION - SKETCH PLAN --- provide building and overall coverage information for lot #3 as proposed. --- plan should show a sidewalk along the property's frontage on Patchen Road in a location approved by the City Engineer. --- building envelope shown for lot #1 is incorrect (see Exhibit 28A of the zoning regulations). It should be 30 feet from Arbor Road and from east boundary and 10 feet from north and south boundary lines. --- the rear portion of the garage/barn must be at least 30 feet from the west boundary of lot U . This distance scales to be 28 feet. Clarify which portion of the building will be removed. --- provide the number of bedrooms proposed for lots #1 and #2 in 2 I M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: June 13, 1995 agenda items Date: May 19, 1995 KEN SMITH PROPERTY LOTS 25 & 26 (BELTER DEVELOPMENT) COMMERCE STREET 1. Site plan dated April 1995 prepared by Fitzpatrick -Llewellyn, Inc., is acceptable. GOODRICH PROPERTY - HINESBURG ROAD - KENNEDY DRIVE 1. Water and sewer services to new building should be shown. 2. A pedestrian walkway to Timber Lane should be considered. GRAINGER INC. EXPANSION - GREEN TREE PARK - GREGORY DRIVE Site plan prepared by Trudell Engineering with latest revision dated 5/16/95 is acceptable. SPENCER BAKER & SHEILA BOWES - SHUNPIKE ROAD Survey plan defining new lot lines prepared by Button Associates dated 4/20/95 is acceptable. SICOTTE - 2 LOT SUBDIVISION - HINESBURG ROAD Sewer and water services for lot 2 should be shown on the site plan. GERMAINE LECLAIR (3 LOT SUBDIVISION) PATCHEN ROAD Sewer and water services serving lot 1 & 2 will be private lines maintained jointly by the owners of these lots. I M E M 0 R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for June 13, 1995 Meeting Date: May 24, 1995 I have reviewed the following site plans and my comments are as follows: 1. W.W. Grainger, Inc. Dated 5/16/95 Lot 13 Green Tree Park Project No. 88155 Acceptable 2. Ken Smith Property Dated 4/28/95 Commerce Avenue Project No. 95039 The plan is acceptable with one (1) requirement. Due to the length of the building and the location of the nearest hydrant, one (1) additional hydrant is needed to be located at or near the south end of the parking lot. I would prefer that the hydrant be installed on the east side of unit 5. 3. Lionel Sicotte Dated 5/6/95 Project No. 2519 Acceptable 4. 625 Hinesburg Road Dated 5/8/95 Acceptable Project No. 95017 5. Germaine LeClair Dated 5/15/95 185 Patchen Road Project No. 9520 Acceptable 6. Baker and Bowes Property Dated 5/15/95 123 & 251 Shunpike Road Project No. 947002 Acceptable 7. Olde Dorset Dated 5/15/95 1001 Dorset Street Acceptable c'lllit h 13tlratilt] 11 irk "_1Z1;1rtr'y lit Ji a Daniel -_*treu 3&aut� Nurfingtim. ]ferment 113403 May 26, 1995 John A. Steele Fitzpatrick -Llewellyn Inc. 1 Wentworth Drive Williston, VT 05495 Re: Lots 25 & 26 Ethan Allen Farms Industrial Subdivision Commerce Street, South Burlington, VT File: 95039 Dear Mr. Steele: . 1 (802)658-796C Having reviewed the above referenced site plan, I have determined that the proposed project will not create any unreasonable burden in providing fire and rescue services. The plan is acceptable with one (1) requirement. Due to the length of the building and the location of the nearest hydrant, one (1) additional hydrant is needed to be located at or near the south end of the parking lot. I would prefer that the hydrant be installed on the east side of unit 5. Other than the additional hydrant, the plan is acceptable. Sincerely, Wallace Possich Fire Chief WP/peh �( d SITE PLAN CHECK LIST --- Lot drawn to scale --- Survey data (distances and lot size) -�/ Contours (existing and finished). --- Existing vegetation and natural features. --- Proposed landscaping (number, variety and size) equal or greater than the required amount in section 19.104 of the Zoning Regulations. c% --- Location of streets, abutting properties, fire hydrants, existing buildings. - Existing and proposed curb cuts, pavement, walkways. -- Zoning boundaries --- Number and location of parking spaces. (RV parking for multi- �r family projects over 25 units). --- Number and location of handicapped spaces as required. --- Location of septic tanks (if applicable). --- / Location of any easements. -- / Lot coverage information: Building, overall and front yard. - - Location of site (Street # and lot #). --- North arrow Name of person or firm preparing site plan and date. --- Exterior lighting details (must be downcasting and shielded). --- Dumpster locations (dumpsters must be screened). --- Existing and proposed sidewalks (public). --- Sewer calculation --- Height of new construction. --- Setbacks (residential district, planned r.o.w., Interstate). -�C:O. Zone --- Bike racks --- Traffic generation --- Traffic Impact fees --- PUD/PCD standards --- airport Approach cone --- Outside storage/display --- F.A.R. --� Lot merger agreement --- Setback from planned r.o.w. --- If boundary line adjustment, need subdivision? Nonresidential use setback from Residential District 0 EXIST. LRI 7 MM 224 37 WV 200 07 I / PROPOSED W I MU TT4 30 I f INV 22150 b PROPOSED SAMTARY .g' S _ C0INNEC7 ro EMS6' S11/B I ( IO' EASEMENT to n CAS 1 I I I 1 CC9 i 1 PERBIETER PROP£11TY LOT 27 I I 0 \ 30' MEnANO L71/fFER A. \ 0 1 \ \ 4Y I t 1 ► t J I � c, t l EMS TP � RTADON Alto VA EMST MR B EMS T. r-/ r------- `mow _ PM u4.76 J I l t I l MV 219 56 _'_-V__ / 1 `--T�S•y.� ' EXIST. A6/ ! 1 WV 216 60 T__ LOCUS 11 W I PROPOSED Of 2 _ u I � � RIM 2T4.50 f MV 221 0o n\ EXIST. to I MM 224 63 1 / / NOTES / pm"." O WATER SEANCE / 1. PONCIER PROPERTY LME INFORMA 77OY TAKEN FROM PLAN ENn1LED 'MAN ALLEN ` FARMS INDUSTRIAL SLBWW-Vft PHASE 4 LOTS 22-42 — OVERALL 97F PLAN' I` �I BY RIZPAMFCK—IlENELLIN MCORPORA7M DAZED FER 1987, LAST REVISED f4 1 OCTUBER W& 9 3 I I t 2. DUSTING UVE17 ES MFORMAWN TAKEN FROM PLAN ENRTLED 'E7MM ALLEN FARMS ' / I RVOUSTRIAL SLULDM9LN, ROADWAY PLAN AND PRaFxE—AS mAL T' BY nmpAmm— PROPOSED LLEMELLYN INCORPORATED. DATED JAN. Ina LAST REVISED jA tAa BUILUAIG 100' X 250' A E703IMO FEA 7lAPE5 OBTAINED BY IIRS L7KFTC£ DURING 111E MONTN OF APRR. HA7. �Jrr•'' 47' 'P �' / 4. ZONED: INDMIRMAL/Cti1BIERCIAL (IC) A 9IE LAYOUT AS DIRECTED BY OWNER. 'RETyIJMG M141 ' LOT 23 R. COVERAGES WILDING - 24000 m*A 22..D PAYAENT 4?.4A/eR OPEN SACE-R Aq. N. JI. X mrAL — Nt245 oLT.R. foDx •�---' ""^'^^`"`-------- / : .� / FRONT YARD (40' SEWOK) 4800 &F. foaaw 4' PAVEMENT Z200 SF. 22DIlL I I 1 I I I I __ 5 ____ VED RECE E765TINC PROPERTY LINE- / ro BE orssnLlfO BY oWiER `MET AREA \ 26 'e —LOT 25 Aa/ \ I (6077 OF SAW) l1F MET AREA \ `\ (BOT/011/ OF BANK) APPROX6/A TE EDGE OF PO"EO FIELD (TO' OF BANK) I2426' \� _\ EXISTING MAPPED NVD TORT \ (NA nONAL METLANDS 05 MlkN7ORY) `\ _ MAY 19 1995 City of So. Burlington 1 REVISE MET AREA BOUNDARY; REVISE PAWMG LAYOUT ADD IMEM REVISE COIERACF CALLS 15/I6/!5 V AE'N9OV5 DATE GRAPHIC SCALE o I>e 1 inch - 30 IE PROGRESS PRINT E PRELMLMARY DESIGN FINAL DESIGN CONSTRWWW CTIECKED BLOT( MOIL TES STA /US OF 7N15 pRAWW IT IS 7E U.gRS RE9OMWTY TD ENSIAE TINS COPY MOLDS TIE LA TEST KE WS0M KL wpli5 AE¢F1ED Ha prl of fM1 nl .r�Y�rya A�v�/ h w' yaeNm �bY �rY awry KEN SMITH PROPERTY LOTS 25 & 26 510UM BI/A7.INCION VERMOVT SITE PLAN INCORPORATED erPMml"P e"u ^Af e"e g""az VALUSTON VERMONT Q C-T FlIaY.l,ice-LI. r Mcw.vP 1995 950.39 APRIL 1995 WA� SLM D 5054 T 4 CI C our. YN 7 OW 224.37 MV MO7 `_'------------- - CO`ERC -------------------- 10' EAwmiwr m Vr. a%' �' i A'fNME7Elr PR07EkIr IAK� , , , / r, / , .i I, , , , i N' 4' ''LOT 27 1 /' , , , r L b , a , \ �1IP � LOT 26 S,47S7]17 I7A7r • • ` F7CSNN0 YATLD NEiL1AD LMr O A f 4 1 'coAalrnc obor -� ro NE ' -OT 25 N• T I r 1 E)Ur/#NP S1A DON AND VAC IE FII ,, I r I' i crow YN ! r ; A ; ► _ NV 107 Ji I I I I I JTI , ___ AWOIpS[D WA 7ER g1rNCE,, 1 I 1 A► \ LOT 24 fJ05r YN ! RY 1S IJ NfV 219 tb LOT 23 LOCUS NOTES 1. Pvma- ER PRDPDtrY LAVE AIra4MATiav TAKEN FRAY PLAN LT niv TWAN AL.LEN FARMS ADIFST M SLIM119O14 PHASE ; L07S 21-42 - OVERALL 97E PLAN' BY RwATRIOC-UFME.0 7N wcaw O4A 1EA DA 7m FEB. fDd7, LAST REwsm f4 OCTOBER fma 2 EAOSTMO U7 I ES A1iLYA A DOV TAKEN FROU PLAN UMUD TEMAN ALLEN FARMS &DUSTRIAL SUSM RM ROADWAY PLAN AhV PROFXE-AS PAT' BY RWAMCK- UENULVN MCORPMA7m. DATED .NN. f"4 LAST RE'NSED 5/ I/Da S VOSTMO FEA iLRES TAKEN FRa4 PLAN REFERENCED M N07F 1. A 2DwM AVUSMA /1;1a11A1ERdAL (fC) S 97E LAYOUT AS DYREMED BY ORND1. * COVERALL MIAL LOT I12.243 &F. Ioox BIALDIWO 24000 SF. 22JX PAM949NT 3;179 IF. 47.4t TOTAL LOT 7417! IF. ".7x FmNr YARD (4D' sEmOK) oow IF. roaaw PAVEMENT Z200 Sr. 22DR E D APR 2 8 1995 Cite of r .) 3urlington GRAPHIC SCALE (IN Mr T I Inch - 30 fL PRODRESS PIENr 1di PRELMMARY Dow m FMAL OL m m CaysmLcmw 04MM ALCOr MCCAnS SrA WS OF M ORA WW fT is RE um" RESPommu►Y 7D amm R!S Orr lfC wo ne LAMEST wwsm S .nn.,r w _nr.r rN.y..u.r .r mnArwu-uc.ntrw nrtOr.aArta KEN SMITH PROPERTY VIM lIAII"m LOTS 25 & 26 ,r SITE PLAN Fu4�PQ4G°�UC�a � �9 �a�� �adya APRK 1093 �J �f�J our n INCORPORATED S! M oeenri Ne wA.roa >oluo<s YAWSTON VERMONT D .a+ 4 m o� T nrsw u- w- n wrer..w- rM r r 4 Memorandum To: South Burlington City Clerk Regional Planning Commission ° From: John A. Steele, FitzPatrick-Llewellyn Incorporate Date: September 12, 1995 Subject: CUD Wetlands Application for: Ken Smith (lots 25 and 26) 49 and 53 Commerce Avenue Ethan Allen Farms Industrial Subdivision South Burlington, Vermont As specified in Section 8.2 of the Vermont Wetland Rules we request that you keep on file the attached "Conditional Use Permit Application" Title V.S.A., Chapter 37, Section 905. encl. cc: Joe Weith & City Planning Commission City Conservation Commission Adjacent landowners: John and Joyce Belter Ken Smith, Applicant Cathy O'Brien, Assistant Wetlands Coordinator, ANR FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services - CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone )�# GLU& fame_+ Ve; 2) APPLICANT (name, address, phone #) ��.v.vc7W „„�o" f/rg e/ Gi�A,r,� r�u ,;,�" Sa, 3ti��T 1�%� 4S-�GDG 3) CONTACT PERSON (name, address, phone #) 4) PROJECT STREET ADDRESS: 5) LOT NUMBER (if applicable) jZS"�� # 6) PROPOSED USE(S) ?) SIZE OF PROJECT (i.e. total building square footage, maximum height and # floors, square feet per floor) 7SaG.1D � /D NNW s , ZS £vE �'.coriNo 7'W0C- sSii 8) NUMBER OF EMPLOYEES # units, 9) LOT COVERAGE: building 37--%; landscaped areas Lc % building, parking, outside'storage_70 % 10) COST ESTIMATES: Buildings S 150 00 , Landscaping S-1000 Other Site Improvements (please list with cost) S ESTIMATED PROJECT COMPLETION DATE: A04051'- 31 , /9?S• 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out), I" VTS Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon; 12-1p.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. 13) PEAK HOURS OF OPERATION: .14 ) PEAK DAYS OF OPERATION: 4- 1 IN .1 ✓ DATE SUBMISSION ylUff DATE OF HEARING SIGNATURE OF APPLICANT ) VERMONT WETLAND RULES INTRODUCTION CONDITIONAL USE PERMIT APPLICATION Title 10 V.S.A., Chapter 37, Section 905 file number: date received: [ ] complete [ ] incomplete date completed: DEC receiver: OFFICE USE ONLY The following questions must be answered in order for this application to be complete. If you have any questions on any portion of this form, please call the Vermont Wetlands Office at (802)241-3770 for assistance. NAMES 1. Applicant: K.P. Smith Address: 81 Ethan Allen Drive South Burlington, Vermont 05403 Phone: (802) 865-3606 2. Landowner (if different): Address: Phone: 3. Representative: Fitz Patrick -Llewellyn Incorporated Address: One Wentworth Drive Williston, Vermont 05495 Phone: (802) 878-3000 PROJECT DESCRIPTION 4. Location (Street Address): 49 and 53 Commerce Avenue South Burlington, Vermont 05403 5. Acres owned by applicant and landowner at project site: 2.6 Acres involved in project: 2.6 6. Project purpose: Combine two existing industrial / commercial lots and construct a 25,000 S.F. mixed -use industrial building, driveways (2) and parking lot for 67 vehicles. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services 7. General project description (include number and size of buildings; number of lots; length of roads; type of sewage disposal; etc.) Construct a 100'x250' single story pre-engineered mixed -use industrial building, paved driveways (2), parking lot for 67 vehicles and landscaped buffers of grassed areas, trees and scrubs. Connect building to existing public utilities and municipal roadway, sewer and water. OTHER INFORMATION 0 Are any other federal, state or local permits required for this project, and if so have they been applied for or obtained? Applied Required for Obtained US Army Corps of Engineers Permit [ ] [ ] [ ] 401 Water Quality Certification [ ] [ ] [ ] VT Act 250 Permit [{] [{] [ ] VT Stormwater Discharge Permit VT Lakes and Ponds Permit [ ] [ ] [ ] VT Stream Alteration Permit [ ] [ ] [ ] Local Zoning Permit [ ] [ ] [{] Other. South Burlington Planning Commission [ ] [ ] [ ] approved project on June 13th 1995. Attach the following information to the application: [�] Location map (project area marked on a USGS topographic map or Vermont Significant Wetlands Map) [�] Site plan(s) including existing conditions, proposed work, erosion controls, and wetland and buffer zone boundaries (see Sections 3.2 and 4.6 of the Vermont Wetland Rules for description of methodology). [� ] Any other narratives or documents that the application intends to rely upon in support of the proposed Conditional Use. [ ] Photos of wetland, if available. 2' FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services 10. List the names and complete mailing addresses of all persons owning property within or adjacent to the wetland buffer zone in question. Name Mailing Address with Zip Code John and Joyce Belter 2 Country Club Drive South Burlington, Vermont 05403 WETLAND AND BUFFER ZONE IMPACTS 11. Complete the following for the wetland in question. a. Size of wetland (to nearest 112 acre): 5.0 acres. b. Check the dominant type of wetland present: [ ] open water marsh [ ] shrub swamp [ ) forested swamp [ ] bog or fen [ ] beaver influenced wetland [ ] wet meadow [ ] other (explain): C. Name of all streams, rivers, lakes, and ponds adjacent to the wetland and approximate distance from proposed activity: Development is within 25' of a Class II wetland and the headwaters of an unnamed one mile long tributary of the Winooski River. d. Approximate the percentage of each of the following' cover types in the area surrounding the wetland: 10 forested 30 agricultural _ old field _ open water _ lawn _ residential 60 commercial or industrial _ road _ other (specify): 12. Complete the following for the portion of the wetland and buffer zone in the area of proposed impact. a. Area of impact in wetland (sgft.): 0 Area of impact in buffer zone (sgft.): 9400 S.F. b. Check the type of wetland present (check all that apply): [ ] open water [4-] marsh [ ] shrub swamp [ ]forested swamp [ ] bog or fen [ ] beaver influenced wetland [ ] wet meadow [ ] other (explain): 0 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services C. Description of dominant vegetation: PF0lY/ NWI Map - Palustrine, Forested Broad-leaved deciduous, saturated / semipermanent / seasonals. Primarily a cattail marsh. d. Description of soils in the wetland and buffer zone (from Soil Conservation Service soil surveys or site investigations): Primarily muck and peat (Mp) with small amounts of Agawam fine sandy loam 0 to 5% (AgA) and Winooski very fine sandy loam (Wo). Check the characteristics of the wetland which apply: [�] flooded most of the time [ ] standing water during at least part of the growing season [ ] water impounded by beavers [ ] soils are saturated during at least part of the growing season [ ] dry most of the year f. Description of the buffer zone: Existing buffer zone within the VELCO-GMP transmission line R.O.W. includes corn field and 4' high bank sloping to the wetland. "VELCO requires that no mature trees grow any higher than twelve feet." See attached letter. 13. Describe in detail all work that is proposed within the wetland or buffer zone, including erosion control measures, referencing attached plans where appropriate. No development occurs in the wetland. Work within buffer includes grading, asphalt parking, curbing, stormwater treatment basin with rip -rapped spillway, and extensive shrub planting. Width of the wetland buffer varies from 10' to 25'. Refer to attached plans. 14. Before this section is completed it will be necessary to determine for which functions the wetland is significant. The functional criteria for evaluating a wetland's significance are described in Section 5 of the Vermont Wetland Rules. The Vermont Wetland Evaluation form is available through the Wetlands Office to help determine which functions may be significant. Utilizing the Vermont Wetland Evaluation Form, the most significant function(s) of this wetland is "surface and ground water protection". Demonstrate how the project as proposed will avoid any undue adverse impacts of each of the functions. Refer to plans and other attached documents as necessary. 4 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services a. Water storage for flood water and storm runoff: The flat 2.6 acre site drains into a 3200 S.F. on -site stormwater treatment basin before emptying into the adjacent 5 acre class I1 wetland. This wetland is 1 mile upstream from the Winooski River at the end of an unnamed tributary. The 5-acre wetland is less than 1% of the watershed upstream of its outlet. b. Surface and ground water protection: This wetland does contribute to the protection of the quality of surface water downstream by reducing the levels of contaminants, and removing sediments not captured by the 3200 S.F., 48000 gallon stormwater treatment basin at the SW corner of the site. Two fifths of the site drains to this basin and the overflow from the basin flows over a 5' wide, 20' long rip -rapped spillway to the adjacent wetland. From this wetland, water flows a distance of one mile to the Winooski River via a small intermittent stream through a 200'x500' marsh. Two thousand feet downstream, the stream flows under Ethan Allen Drive in a 20 inch culvert. At the outfall of this culvert, the stream cross section is approximately T wide and 6" deep. C. Fisheries habitat: Not applicable. d. Wildlife and migratory bird habitat: Wildlife and migratory bird habitat within this wetland are limited by close proximity to the adjacent airport and commercial developments within the industrial subdivision. There is habitat to support some nesting birds and common small mammals. Since the wetland and one third of the buffer will remain undisturbed, the proposed development will have limited impact on this habitat. The proposed shrub border along the south end of the site will help buffer the wetland from the development and retain its functions. In the attached July 18, 1995 letter to Ken Smith from Lawrence Garland, Mr. Garland states that the wildlife function can be maintained despite the planned reduction in buffer width. e. Hydrophytic vegetation habitat: Vegetation consists primarily of cattails, adlers and a variety of wetland grasses, sedges and rushes. 5 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services f. Threatened and endangered species habitat: The proposed development impacts no known threatened or endangered species. Refer to July 18, 1995 letter to Ken Smith from Lawrence Garland. g. Education and research in natural science: This wetland does not appear to have characteristics which would make it unique or valuable for education or scientific research purposes. A large percentage of its area lies within the combined VELCO-GMP transmission line R.O.W.. h. Recreational and economic benefit: The wetland is not used for recreational activities; provides no known economic benefits; is not harvested for wild foods; and does not provide important habitat for fish or wildlife which can be fished, hunted or trapped. i. Open space and aesthetics: This wetland is not easily observed by the public. It has no special or unique aesthetic qualities or values as open space beyond providing a buffer along the southern edge of the subdivision. It is not prominent as a distinct feature in the surrounding landscape. j. Erosion control through building and stabilizing soil: The wetland is a filter for surrounding runoff. This function will be retained and protected by temporary and permanent erosion control measures including hay bale dikes, silt fence, treatment basin, curbing, paving, reseeding, tree and shrub planting. The stormwater treatment basin is an important structure in mitigating the increased rate of runoff due to increased impervious surface area. Randy Bean has reviewed the plans and determined that the proposed stormwater management and treatment strategy is in compliance with the terms and conditions of Stormwater Permit #1-0621. See attached July 10, 1995 letter to John Steele from Randy Bean. 15. Demonstrate by narrative and reference to plans that the following mitigation measures have been used to achieve no undue adverse impacts to the protected wetland functions. a. Can the proposed activity practicably be located on an upland portion of the site or on another site owned, controlled or available to satisfy the basic project purpose. (Explain) The proposed activity is located on the upland portion of the site. Relocation FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services is not possible given the owner's development program, configuration of the approved subdivision lots, and zoning setback requirements. b. Demonstrate how all practicable measures have been taken to avoid or minimize adverse impacts on protected functions, including project redesign or project scale back - The project has been redesigned to the maximum extent possible to avoid the wetland and reduce impact in the buffer area. A permanent stormwater treatment basin, along with temporary erosion control measures will be used to protect the wetland before, during and after construction. Extensive tree and shrub plantings including the shrub buffer along the southern edge of the parking area will help protect and maintain wetland functions. C. For wetlands that have been disturbed, what steps will be taken to restore impacted functions (e.g. plantings, seedings, mulching exposed soil; removal of fill, etc.) The on site wetland and significant portions of the 50' buffer will not be disturbed. The primary function of this wetland is surface and ground water protection. This function is protected by temporary and permanent erosion control measures including directing all runoff into the stormwater treatment basin before releasing the overflow into the wetland. Conditions of the current stormwater permit for the overall industrial subdivision including these two lots have been met. Refer to the attached letter from Randy Bean and construction drawings. 16. Wetland compensation (creating replacement wetlands) is a measure to mitigate adverse impacts on protected functions that will only be possible in rare cases for specific functions (see Section 8.5c of the Vermont Wetland Rules). If a compensation is part of this proposal, demonstrate by narrative and reference to plans how the steps in Section 8.5c (1)-(7) will be met. Not applicable. DISTRIBUTION 17. Submit the original request for conditional use determination to the Wetlands Office, Division of Water Quality, 103 South Main Street, 10 North, 2nd Floor, Waterbury, VT 05671-0408. Notification of receipt will be sent to the applicant once a complete application has been received by the Wetlands Office. 18. After receiving notification of completeness from the Wetlands Office, send a complete copy of the application to the Town Clerk and Regional Planning Commission. Also, send copies of the location map, a description of the specific action(s) for which conditional use determination is sought, the supporting narratives, and a listing of where complete copies of the request have been filed to: 7' FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services a. the municipal planning commission and/or conservation commission; and b. all persons owning property within or adjacent to the wetland or buffer zone (item 10. of the application). SIGNATURES 19. I hereby certify that the information provided above or attached to the application is true and accurate to the best of my knowledge. Signature of Applicant Date / C� s i ature of Ap nt's Representative D to C.\WPW 1 N6Q\WPDOCS�ASIKPSWTLN D.RLS 9 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services BURLINION QUADRANGLE VERMONT-CHITTENDEN CO. �15 IY l`:. � 7.5 MINUTE SERIES (TOPOGRAPHIC) y5�t NW/4 BURLINGTON IT QUADRANGLE e� EV CORNER 6.6 MI. ESSEX JUNC TION 2.5 Mi. 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NnE ir' •-•� T , Cv AaA DOA •1 V _ AaB H ..c V' I State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD AGENCY OF NATURAL RESOURCES Department of Environmental Conservation ^CE-I VFF1 WATER QUALITY DIVISION 103 South Main Street SEP 1 Z 1995 Building 10 North Waterbury, VT 05671-0408 E:4'�r�LLYf� 44C, -3r FOR T ED 802-241-3770 Gontu!t;ng Engineers Fax: 802-241-3287 September 8, 1995 John Steele Fitzpatrick -Llewellyn Inc. One Wentworth Drive Williston, VT 05495 Subject: K.P. Smith, Conditional Use Determination #95-256 Dear John: I have received and reviewed the revised plans and the additions to the application for a - Conditional Use Determination for the construction of a parking lot, stormwater basin and associated work in the buffer zone of a Class Two wetland on lots 25 and 26 of the Ethan Allen Industrial Park in South Burlington, Vermont. Based on this information, I find the application is now very thorough and complete. You should proceed with the distribution requirements as specified in Section 8.2 of the Vermont Wetland Rules and item # 18 of the application form. Please notify me in writing once these distribution requirements have been satisfied so that I can initiate the mandatory 15 day public notice period. Feel free to call me if you have any questions regarding this matter. enc. cob\kpsmith.com Sincerely, C Cathyhy O Brien Assistant Wetlands Coordinator Chlorine Free 100% Recycled Paper Regional Offices - Barre/Essex Jct./Pittsford/Rutland/N. Springfield/St. Johnsbury State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD ) _* 9G��l AGENCY OF NATURAL RESOURCES Department of Environmental Conservation ^ FIVF WATER QUALITY DIVISION 103 South Main Street SEP 1 2 1995 Building 10 North Waterbury, VT 05671-0408 i'F t Li'Ni t R ='r.J ►,-L t_I=4YCLL 1 i1i NOO; FORA i ED 802-241-3770 Gantulting Engineers Fax: 802-241-3287 September 8, 1995 John Steele Fitzpatrick -Llewellyn Inc. One Wentworth Drive Williston, VT 05495 Subject: K.P. Smith, Conditional Use Determination #95-256 Dear John: I have received and reviewed the revised plans and the additions to the application for a Conditional Use Determination for the construction of a parking lot, stormwater basin and associated work in the buffer zone of a Class Two wetland on lots 25 and 26 of the Ethan Allen Industrial Park in South Burlington, Vermont. Based on this information, I find the application is now very thorough and complete. You should proceed with the distribution requirements as specified in Section 8.2 of the Vermont Wetland Rules and item # 18 of the application form. Please notify me in writing once these distribution requirements have been satisfied so that I can initiate the mandatory 15 day public notice period. Feel free to call me if you have any questions regarding this matter. enc. cob\kpsmith.com Sincerely, C Cathy O'Brien Assistant Wetlands Coordinator Chlorine Free 100% Recycled Paper Regional Offices - Barre/Essex Jct./Pittsford/Rutland/N. Springfield/St. Johnsbury Memorandum To: South Burlington City Clerk Regional Planning Commission From: John A. Steele, FitzPatrick-Llewellyn Incorporate Date: September 12, 1995 Subject: CUD Wetlands Application for: Ken Smith (lots 25 and 26) 49 and 53 Commerce Avenue Ethan Allen Farms Industrial Subdivision South Burlington, Vermont As specified in Section 8.2 of the Vermont Wetland Rules we request that you keep on file the attached "Conditional Use Permit Application" Title V.S.A., Chapter 37, Section 905. encl. cc: Joe Weith &- City Planning Commission City Conservation Commission Adjacent landowners: John and Joyce Belter Ken Smith, Applicant Cathy O'Brien, Assistant Wetlands Coordinator, ANR FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services a VERMONT WETLAND RULES CONDITIONAL USE PERMIT APPLICATION Title 10 V.S.A., Chapter 37, Section 905 file number: date received: [ ] complete [ ] incomplete date completed: DEC receiver: INTRODUCTION OFFICE USE ONLY The following questions must be answered in order for this application to be complete. If you have any questions on any portion of this form, please call the Vermont Wetlands Office at (802)241-3770 for assistance. NAMES 1. Applicant: K.P. Smith Address: 81 Ethan Allen Drive South Burlington, Vermont 05403 Phone: (802) 865-3606 2. Landowner (f different): Address: Phone: 3. Representative: FitzPatrick-Llewellyn Incorporated Address: One Wentworth Drive Williston, Vermont 05495 Phone: (802) 878-3000 PROJECT DESCRIPTION 4. Location (Street Address): 49 and 53 Commerce Avenue South Burlington, Vermont 05403 5. Acres owned by applicant and landowner at project site: 2.6 Acres involved in project: 2.6 6. Project purpose: Combine two existing industrial / commercial lots and construct a 25,000 S.F. mixed -use industrial building, driveways (2) and parking lot for 67 vehicles. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services 7. General project description (include number and size of buildings; number of lots, length of roads; type of sewage disposal; etc.) Construct a 100'x250' single story pre-engineered mixed -use industrial building, paved driveways (2), parking lot for 67 vehicles and landscaped buffers of grassed areas, trees and scrubs. Connect building to existing public utilities and municipal roadway, sewer and water. OTHER INFORMATION a Are any other federal, state or local permits required for this project, and if so have they been applied for or obtained? Applied Required for Obtained US Army Corps of Engineers Permit [ ] [ ] [ ] 401 Water Quality Certification [ ] [ ] [ ) VT Act 250 Permit VT Stormwater Discharge Permit [Vr) [ ) [,-] VT Lakes and Ponds Pen -nit [ ] [ ) [ ] VT Stream Alteration Permit [ ] [ ] [ ] Local Zoning Permit Other. South Burlington Planning Commission [ ] [ ] [ ] approved project on June 13th 1995. Attach the following information to the application: [vr] Location map (project area marked on a USGS topographic map or Vermont Significant Wetlands Map) [�] Site plan(s) including existing conditions, proposed work, erosion controls, and wetland and buffer zone boundaries (see Sections 3.2 and 4.6 of the Vermont Wetland Rules for description of methodology). [� ] Any other narratives or documents that the application intends to rely upon in support of the proposed Conditional Use. [ ] Photos of wetland, if available. 2' FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services 10. List the names and complete mailing addresses of all persons owning property within or adjacent to the wetland buffer zone in question. Name Mailing Address with Zip Code John and Joyce Belter 2 Country Club Drive South Burlington, Vermont 05403 WETLAND AND BUFFER ZONE IMPACTS 11 12 Complete the following for the wetland in question. a. Size of wetland (to nearest 112 acre): 5.0 acres. b. Check the dominant type of wetland present: [ ] open water marsh [ ] shrub swamp [ ] forested swamp [ ] bog or fen [ ] beaver influenced wetland [ ] wet meadow [ ] other (explain): C. Name of all streams, rivers, lakes, and ponds adjacent to the wetland and approximate distance from proposed activity: Development is within 25' of a Class II wetland and the headwaters of an unnamed one mile long tributary of the Winooski River. d. Approximate the percentage of each of the following cover types in the area surrounding the wetland: 10 forested 30 agricultural _ old field _ open water _ lawn _ residential 60 commercial or industrial _ road _ other (specify): Complete the following for the portion of the wetland and buffer zone in the area of proposed impact. a. Area of impact in wetland (sgft.): 0 Area of impact in buffer zone (sgft.): 9400 S.F. b. Check the type of wetland present (check all that apply): [ ] open water marsh [ ] shrub swamp [ ] forested swamp [ J bog or fen [ ] beaver influenced wetland [ ] wet meadow [ ] other (explain): FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services C. Description of dominant vegetation: PF01Y / NWI Map - Palustrine, Forested Broad-leaved deciduous, saturated / semipermanent / seasonals. Primarily a cattail marsh. d. Description of soils in the wetland and buffer zone (from Soil Conservation Service soil surveys or site investigations): Primarily muck and peat (Mp) with small amounts of Agawam fine sandy loam 0 to 5% (AgA) and Winooski very fine sandy loam (Wo). C. Check the characteristics of the wetland which apply: [�] flooded most of the time [ ] standing water during at least part of the growing season [ ] water impounded by beavers [ ] soils are saturated during at least part of the growing season [ ] dry most of the year f. Description of the buffer zone: Existing buffer zone within the VELCO-GMP transmission line R.O.W. includes corn field and 4' high bank sloping to the wetland. "VELCO requires that no mature trees grow any higher than twelve feet." See attached letter. 13. Describe in detail all work that is proposed within the wetland or buffer zone, including erosion control measures, referencing attached plans where appropriate. No development occurs in the wetland. Work within buffer includes grading, asphalt parking, curbing, stormwater treatment basin with rip -rapped spillway, and extensive shrub planting. Width of the wetland buffer varies from 10' to 25'. Refer to attached plans. 14. Before this section is completed it will be necessary to determine for which functions the wetland is significant. The functional criteria for evaluating a wetland's significance are described in Section 5 of the Vermont Wetland Rules. The Vermont Wetland Evaluation form is available through the Wetlands Office to help determine which functions may be significant. Utilizing the Vermont Wetland Evaluation Form, the most significant function(s) of this wetland is "surface and ground water protection". Demonstrate how the project as proposed will avoid any undue adverse impacts of each of the functions. Refer to plans and other attached documents as necessary. 4 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services a. Water storage for flood water and storm runoff: The flat 2.6 acre site drains into a 3200 S.F. on -site stormwater treatment basin before emptying into the adjacent 5 acre class II wetland. This wetland is I mile upstream from the Winooski River at the end of an unnamed tributary. The 5-acre wetland is less than 1% of the watershed upstream of its outlet. b. Surface and ground water protection: This wetland does contribute to the protection of the quality of surface water downstream by reducing the levels of contaminants, and removing sediments not captured by the 3200 S.F., 48000 gallon stormwater treatment basin at the SW corner of the site. Two fifths of the site drains to this basin and the overflow from the basin flows over a 5' wide, 20' long rip -rapped spillway to the adjacent wetland. From this wetland, water flows a distance of one mile to the Winooski River via a small intermittent stream through a 200'x500' marsh. Two thousand feet downstream, the stream flows under Ethan Allen Drive in a 20 inch culvert. At the outfall of this culvert, the stream cross section is approximately T vide and 6" deep. C. Fisheries habitat: Not applicable. d. Wildlife and migratory bird habitat: Wildlife and migratory bird habitat within this wetland are limited by close proximity to the adjacent airport and commercial developments within the industrial subdivision. There is habitat to support some nesting birds and common small mammals. Since the wetland and one third of the buffer will remain undisturbed, the proposed development will have limited impact on this habitat. The proposed shrub border along the south end of the site will help buffer the wetland from the development and retain its functions. In the attached July 18, 1995 letter to Ken Smith from Lawrence Garland, Mr. Garland states that the wildlife function can be maintained despite the planned reduction in buffer width. e. Hydrophytic vegetation habitat: Vegetation consists primarily of cattails, adlers and a variety of wetland grasses, sedges and rushes. 5 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services f. Threatened and endangered species habitat: The proposed development impacts no known threatened or endangered species. Refer to July 18, 1995 letter to Ken Smith from Lawrence Garland. g. Education and research in natural science: This wetland does not appear to have characteristics which would make it unique or valuable for education or scientific research purposes. A large percentage of its area lies within the combined VELCO-GMP transmission line R.O.W.. h. Recreational and economic benefit: The wetland is not used for recreational activities; provides no known economic benefits; is not harvested for wild foods; and does not provide important habitat for fish or wildlife which can be fished, hunted or trapped. i. Open space and aesthetics: This wetland is not easily observed by the public. It has no special or unique aesthetic qualities or values as open space beyond providing a buffer along the southern edge of the subdivision. It is not prominent as a distinct feature in the surrounding landscape. Erosion control through building and stabilizing soil: The wetland is a filter for surrounding runoff. This function will be retained and protected by temporary and permanent erosion control measures including hay bale dikes, silt fence, treatment basin, curbing, paving, reseeding, tree and shrub planting. The stormwater treatment basin is an important structure in mitigating the increased rate of runoff due to increased impervious surface area. Randy Bean has reviewed the plans and determined that the proposed stormwater management and treatment strategy is in compliance with the terms and conditions of Stormwater Permit #1-0621. See attached July 10, 1995 letter to John Steele from Randy Bean. 15. Demonstrate by narrative and reference to plans that the following mitigation measures have been used to achieve no undue adverse impacts to the protected wetland functions. a. Can the proposed activity practicably be located on an upland portion of the site or on another site owned, controlled or available to satisfy the basic project purpose. (Explain) The proposed activity is located on the upland portion of the site. Relocation R1 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services is not possible given the owner's development program, configuration of the approved subdivision lots, and zoning setback requirements. b. Demonstrate how all practicable measures have been taken to avoid or minimize adverse impacts on protected functions, including project redesign or project scale back The project has been redesigned to the maximum extent possible to avoid the wetland and reduce impact in the buffer area. A permanent stormwater treatment basin, along with temporary erosion control measures will be used to protect the wetland before, during and after construction. Extensive tree and shrub plantings including the shrub buffer along the southern edge of the parking area will help protect and maintain wetland functions. C. For wetlands that have been disturbed, what steps will be taken to restore impacted functions (e.g. plantings, seedings, mulching exposed soil; removal of fill, etc.) The on site wetland and significant portions of the 50' buffer will not be disturbed. The primary function of this wetland is surface and ground water protection. This function is protected by temporary and permanent erosion control measures including directing all runoff into the stormwater treatment basin before releasing the overflow into the wetland. Conditions of the current stormwater permit for the overall industrial subdivision including these two lots have been met. Refer to the attached letter from Randy Bean and construction drawings. 16. Wetland compensation (creating replacement wetlands) is a measure to mitigate adverse impacts on protected functions that will only be possible in rare cases for specific functions (see Section 8.5c of the Vermont Wetland Rules). If a compensation is part of this proposal, demonstrate by narrative and reference to plans how the steps in Section 8.5c (1)-(7) will be met. Not applicable. DISTRIBUTION 17. Submit the original request for conditional use determination to the Wetlands Office, Division of Water Quality, 103 South Main Street, 10 North, 2nd Floor, Waterbury, VT 05671-0408. Notification of receipt will be sent to the applicant once a complete application has been received by the Wetlands Office. 18. After receiving notification of completeness from the Wetlands Office, send a complete copy of the application to the Town Clerk and Regional Planning Commission. Also, send copies of the location map, a description of the specific action(s) for which conditional use determination is sought, the supporting narratives, and a listing of where complete copies of the request have been filed to: 7' FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services a. the municipal planning commission and/or conservation commission; and b. all persons owning property within or adjacent to the wetland or buffer zone (item 10. of the application). SIGNATURES 19. I hereby certify that the information provided above or attached to the application is true and accurate to the best of my knowledge. Signature of Applicant Date j C� S /Si ature of Ap nt's Representative *Dte % V C:\NVPWIN60\WPDCCSI ASKPSWTLN D.RLS .] FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services BURLI1NOTON QUADRANGLE ly VERMONT-CHITTENDEN CO. A3 1�-Z040� 7.5 MINUTE SERIES (TOPOGRAPHIC) yy� NW/4 BURLINGTON 15' QUADRANGLE EY CORNER 6.6 M/. ESSEX ✓UNCTIONS„ri MI. 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H.A ..r HnE w ` nU NnC Hn DaA• 11! 6 Hw L!B /•���CV r•J i� O�' ScA.. ,! �i11A AaA A DtlA 1 r. V• a _V' ' vee > r •F r. State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD AGENCY OF NATURAL RESOURCES Department of Environmental Conservation ^ IEIVED WATER QUALITY DIVISION 103 South Main Street SEP 1 2 1995 Building 10 North Waterbury, VT 05671-0408 f i iZr,A i � ,!C?!-LLE't;�ELLYN INC-C1Ra'OF',� � ED 802-241-3770 Consulting Engineers Fax: 802-241-3287 September 8, 1995 John Steele Fitzpatrick -Llewellyn Inc. One Wentworth Drive Williston, VT 05495 Subject: K.P. Smith, Conditional Use Determination #95-256 Dear John: I have received and reviewed the revised plans and the additions to the application for a Conditional Use Determination for the construction of a parking lot, stormwater basin and associated work in the buffer zone of a Class Two wetland on lots 25 and 26 of the Ethan Allen Industrial Park in South Burlington, Vermont. Based on this information, I find the application is now very thorough and complete. You should proceed with the distribution requirements as specified in Section 8.2 of the Vermont Wetland Rules and item # 18 of the application form. Please notify me in writing once these distribution requirements have been satisfied so that I can initiate the mandatory 15 day public notice period. Feel free to call me if you have any questions regarding this matter. enc. cob\kpsmith.com Sincerely, C Cathy O'Brien Assistant Wetlands Coordinator Chlorine Free 100% Recycled Paper Regional Offices - Barre/Essex Jct. /Pittsford/Rutfand/N. Springfield/St. Johnsbury 1) KEN SMITH - 49 COMMERCE AVENUE Area zoned mixed I-C District. Section 26.65 Multiple uses, (conditional use approval, Section 26.05 applies). Section 15.20 Conditional uses, auto sales, rental equipment, auto repair, auto rental, taxi companies, indoor/outdoor recreational facilities and educational facilities. Section 15.10 Permitted uses, general offices, medical offices, printing/publishing, contractors, catering & food delivery and accessory uses. Existing structure 25,000 square feet (100'x250') and a 10,000 square foot mezzanine, proposed occupancy maximum of ten (10) tenants with conditional/permitted uses. Lot 112,245 square feet (2.5 acres) combines two lots. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 9, 1996 Mr. Kenneth Smith 81 Ethan Allen Drive South Burlington, Vermont 05403 Re: Zoning Application Dear Mr. Smith: 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, South Burlington, Vermont on Monday, September 23, 1996 at 7:00 P.M. to consider your request for a multiple use approval. Please plan to attend this hearing and be prepared to address the enclosed multiple use review criteria. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl SOUTH DURUNorON ZONING NOTME In accordance with On CIO C NTI IS 1 89M Burlington Char 11 Title 24, V.S.A. the South Burlington Zoning Board of AdJustment wi hold a public hearing at the South Burlington -, u- once Room,. 575 Dorset Street, South Burl Vermont on Monday, p- tember 23, 1996 at 7: P.M. to consider the fol- lowing: #1 Appeal of • Kenneth Smith .,Feed approval from Becton .7� .20 ` oondl- tlonal • uses W Section Soul MuB lutlpte usesZoningthe South Al. %ta uest Is Rpulatidts. fieq for permission,to• OCCUPY a structure ' Containing 35,000 squere,teat with a maxants to onohiq (lganton erral ants to ! neral /medical ottkes, ge apnlractors. catering and food delivery,, auto sales and repair. auto rental. taxi al/educcompenles' and recra- atbnation-facili- •IW" lot `contains 2.5 acres, located at 49 Com- merce Avenue. #2 Roger and Karon Howard ages, seeking TM0 Conditional uses, sub -section 13.214 Auto- motive and marine sales and service of the South Burlington Zoning Regula- tions. Request 10 for per- mission to occupy an existing 9606 square feet building with a marine. "Me and service busi- and cove Marine, Inc., lo- cated at 1600 Shelburne Road. Plans aMc6h file with the South Burington Planning and , Zonlny Off" lo- cated at Cty Hall, 575 Dorset Street, South Bur- lington, Vermont. Richard Ward, Zoning Administrator Offi- cer September 7, 1996 Own pp 00 0 0/ .oO;r Official Use City of South Burlington Application to Board of Adjustment Datej/', Applicant Owner, leasee, agent APPLICATION # HEARING DATE FILING DATE FEE AMOUNT !76 1 Address e�,,/ Z77P4v Telephone # Landowner y;L,�,G��c�.: L/%— Address Location and description of property �5 �` Tom, �-.t,z �L',-e�c� • �'r Type of application check one: ( ) appeal from decision of Administrative Officer (�L) 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 advertisement must s- appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. /67, zc,9, Zvi ��`% iADS ,Zuc. , �'7, 'z ti'`• Provisions of zoning ordinance in question Reason for appeal- > The following documents are submitted in support of the application: 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/Week at to consider the following: Month and Date T me el Appeal of seeking sf from Section/J_ of the South Burlington Zoning Regulations. Request is for permission to -e-7AA .c Cam► �il it.!' G .te - u�rE�l�''`•/ ..> :i,,r wee