HomeMy WebLinkAboutSP-76-0000 - Supplemental - 0030 Community Drive.o�.VERMONT
�rl 44
State of Vermont
Department of Environmental Conservation
Agency of Natural Resources
Drinldng Water and Groundwater Protection Division
WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT
J-AWS/REGUIATIONS INVOLVFD
lo V.S.A. Chapter 64, Potable Water Supply and Wastewater System Permit
Wastewater System and Potable Water Supply Rules, Effective September 29, 2007
Chapter 21, Water Supply Rules, Effective December 1, 2010
Landowner(s): 30 Community Drive, LLC Permit Number: WW-4-3040-1
55 Community Drive Suite 402
South Burlington VT 05403
This permit affects the fo owing properties in South Burlington
Lot
Parcel
I SPAN
I Acres
Book(s)lPage(s)*
Sa
0436-00030
1 600-188-1 57
1 29-44
Book:8o3 Page(s):129-133
This project, consisting of the amending Permit #WW-4-3040 for a change in use in the 275,000 sf building located on Lot
8a by converting a portion of warehouse and office space in a mixed use commercial building to a laboratory/office for
Burlington Labs, located on 30 Community Drive, Technology Park, in South Burlington, Vermont, is hereby approved
under the requirements of the regulations named above subject to the following conditions. '
:t. GENERAIL
1.1 The project shall be completed as described in the application prepared by John Pitrowisld, P.E. The project shall
not deviate from the approved proposal without prior written approval from the DrinIcing Water and Groundwater
-Protection Division. (No Plans)
1.2 This permit does not relieve the landowner from obtaining all other approvals and permits PRIOR to construction
including, but not limited to, those that may be required from the Act 25o District Environmental Commission; the
Drinking Water and Groundwater Protection Division; the Watershed Management Division; the Division of Fire
Safety; the Vermont Department of Health; the Family Services Division; other State departments; or local officials.
1.3 The conditions of this permit shall run with the land and will be binding upon and enforceable against the landowner
and all assigns and successors in interest. The landowner shall record and index this permit in the South Burlington
Land Records within thirty, (3o) days of issuance of this permit and prior to the conveyance of any lot subject to the
jurisdiction of this permit.
1.4 All conditions set forth in Permit Number WW-4-3040 shall remain in effect except as amended or modified
herein. This project is approved for the following in the existing building on Lot 8a.
Description/Basis of Design
Water
Wastewater
Office space /453 employees x15 gpd
6795
6795
Restaurant with 48 seats x 30 gpd (2 meals/day)
1440
1440
Restaurant employees 15 x 15 gpd
225
225
Warehouse with:L59 employees x 30 gpd
4770
4770
Gym with:Lo employees x 15 gpd
150
150
Gym with ioo participants x lo gpd
1000
1000
Lab with 87 employees x 15 gpd
1305
1305
Lab Additional fixtures flow
292
292
Lab with go employees x 15 gpd
1350
1350
Lab Instrument flow
486
486
Regional Offices — MontpelierlEssex Jct./RutlandlSpringfieldlSt. Johnsbury
Wastewater System and Potable Water Supply Permit
WW-4-3040-1 Page 2 Of3
Subtotal
17813
17813
20 % reduction for municipal connection for wastewater
-3563
Reserve
2187
5750
Totals
20000
20000
1.5 Construction of additional nonexempt buildings, including commercial and residential buildings, is not allowed
without prior review and approval by the Drinking Water and Groundwater Protection Division and such approval
will not be granted unless the proposal conforms to the applicable laws and regulations. No construction is allowed
that will cause non-compliance with an existing permit.
:L.6 Each purchaser of any portion of the project shall be shown a copy of the Wastewater System and Potable Water
Supply Permit and the stamped plan(s), if applicable, prior to conveyance of any portion of the project to that
purchaser.
1.7 By acceptance of this permit, the landowner 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, and permit conditions.
1.8 Any person aggrieved by this permit may appeal to the Environmental Court within 3o days of the date of issuance
of this pen -nit in accordance with lo V.SA. Chapter 22o and the Vermont Rules of Environmental Court
Proceedings.
2MATERSUPPLY
2.1 This project is approved for the existing connection to the water supply system owned by the City of South
Burlington. The project is approved for a maximum Of 20000 gallons of water per day.
2.2 This project is approved with an existing building's water service piping. The Drinking Water and Groundwater
Protection Division assumes no liability for the adequacy of this water service. Should the water supply fail and not
qualify for the minor repair or replacement exemption, the landowner shall engage a Licensed Designer to evaluate
the cause of the failure and to submit a permit amendment application to this office, and receive approval thereof,
prior to correcting the failure.
2.3 The landowner shall install and maintain backflow prevention devices that conform to Vermont Department of
Public Safety standards and NFPA 13 for any connection of a sprinkler fire suppression system to a public drinking
water system.
2.4 This permit is based, in part, on a municipal approval for connection to their water distribution system. If the
municipal approval expires, this permit shall be invalid unless the municipality renews its approval. If the
municipality approval expires, a new permit must be issued for the project. An updated application form and an
application fee will be required for the project. A new municipal approval letter shall be required. The rules in
effect at the time of the filing of the application for a new permit will be applied to the project.
.q.WASTEWATER DISPOSAIL
3.1 This project is approved for the existing connection to the City of South Burlington wastewater treatment
facility. The project is approved for a maximum Of 20000 gallons of wastewater per day.
3.2 This project is approved with an existing building sewer line. The Drinking Water and Groundwater Protection
Division assumes no liability for the adequacy of this sewer line. Should the line fail and not qualify for the minor
repair or replacement exemption, the landowner shall engage a Licensed Designer to evaluate the cause of the failure
and to submit an amendment application to this office prior to correcting the failure.
Wastewater System and Potable Water Supply Permit
WW-4-3040-1 Page 3 Qf3
3.3 This permit is based, in part, on a municipal approval for connection to their wastewater treatment facility. If the
municipal approval expires, this permit shall be invalid unless the municipality renews its approval. If the
municipality approval expires, a new permit must be issued for the project. An updated application fon-n and an
application fee will be required for the project. A new municipal approval letter shall be required if the project is
served by the municipal wastewater collection system. The rules in effect at the time of the filing of the application
for a new permit will be applied to the project.
Alyssa B. Schuren, Commissioner
Department of Environmental Conservation
V
By
Dated June 1, 2016
Jessanne Wyman
Regional Engineer
Essex Junction Regional Office
Drinldng Water and Groundwater Protection Division
cc: John Pitrowisld
South Burlington Planning Commission
Act 25o District Environmental Commission-4CO190
Department of Public Safety, Division of Fire Safety
n-
MEMORANDUM
TO: Chuck Hafter, City Manager
FROM: Joe Weith, City Planner
RE: Digital - Existing Infrastructure
DATE: November 12, 1992
Provided below is a summary of existing infrastructure serving the
Digital building:
1. SEWER:
o Property served by City's Airport Parkway Treatment Facility
o Uncommitted reserve capacity of 657,000 g.p.d. (according to
most recent report dated 9/10/92 from Agency of Natural
Resources Department of Environmental Conservation).
0 81' sewer line in Kimball Avenue.
o building served by 8" line tied into sewer in Kimball Avenue.
2. WATER:
o 24" Champlain Water District line in Kimball Avenue/Shunpike
Road.
o building served by 10" line off 24" CWD line.
o Bob Gardner of CWD said the Digital building has adequate
water service. The building also has additional fire
protection capability from on -site pond.
(ditigal)
MEMORANDUM
TO: SOUTH BURLINGTON PLANNING COMMISSION
FROM: RICHARD WARDI ZONING ADMINISTRATOR
RE: DIGITAL EQUIPMENT CORP.
DATE: DECEMBER 27, 1976
Digital Eauipment Corp., Industrial Park
1) Area is zoned Industrial District, proposed use and
location of structures are in conformance.
2) Existing G.M.P. transmission line will be relocated.
Green Mountain Power has (as of this date) submitted
an application to the -City and Public Service Eoard.
3) Conservation -Open Space Districts such as Interstate
89 set back and Muddy Brook have been maintained.
4) Landscaping as proposed is in conformance with require-
ments under phase I, additional ground cover around the
perimeter of the building should be included such as
juniper and different types of flowering bushes.
5) Landscaping within the parking area should be a
consideration of the Planning Commission, islands a
minimum of 101 x 101 in size should be located within
the parking area7 designed to allow for proper traffic
circulation.
6) Outside lighting should be o--F' a non -glare type, type of
fixture should be a low profile - 1000 car parking area
is visible to Interstate.
7) Provisions for departing employees (after working hours)
should be made at the intersection of Kennedy Drive and
Industrial Park Road.
DEPOSITION
EXHIBIT
2.-0
IZ/2.1/91 e046 I
PLANNING COMMISSION JANUARY _1
The South Burlington Planning*Commission held,a *ork session on Tuesday#
January-180 1977v in, the -Conference - Room, Muni cipal Offices, 1175
Williston -Road,
MEMBERS PRESENT
William Wessel, Ohairmani-James Ewing, Ernest Levesque, David Morency,
Sidnidy,,Poger,,Kirk_Woolery
MOGEM,ABSENT
Frank Lidral,,.
OTHERS PRESENT
Stephen.Page,7�Planning-.Assistantl.John Dillon
2h*,Jke&ting..was,,c&llod toiorder byrChairitan, Wessel at 7135,3P-mi a -
Reading of Minutee,'*f
_Wi�;id;A Mrs
Aor, cy,, and voted unanimously
io a6ce"i''ihe minutes,,otdJandazz.. 11 !!1977, �,sub out -to'�thii,.fblloidng,-,!da*gbst
IF - —Pa J .,
,ge,2p 2nd-11ne ftha too bottooli -the wbrkqek is to be eliainat4dj;n
On page,,; %, 2nd line, the �worda,-,-bvon'.�thouah,,-LtAkLI-l-,,be,�an, increased use;axeT,
to -be -dAnged �to, even, though
On page -4# -the lait4in6- in the.46tion?,by Mri--�,Vog4rv,,.Kh6-,.*ord '76—oupoten-i
should be changod&to�consonqptj,�,o�i
On pagei�q,,line 17 �a ..ty�6 :error,,- should be'...corrocted":goin -roW,.
should
d o i ng s
On page 9i line,-3#,the4words�to getting sewer -.easements should,be'addedr,:,,,�t
after �the �Vord walk-ins
Additions to the Agenda
r- cy"
Mr., Poger asksd�to havt.,,,t.he�following.,added-to the agendati.,the,intorchange
at Doroot Street A'h&-Kenn6dyi,DLr1vej -.the Finding6j'of;^ct-on Digital, Moilment
Corporation. These additions were agreed to by the Commissions
Findian,gf
Mr. Poger said,Mrs Page had been asked at�the last meeting to draw',up &,r
new Finding of -Fact, and -,he felt this was - still �confusing regarding .1an&-
scaping-as it suggested -there had been a waiver of,the normal amount of
landscaping, He said -he did not remember - waiving'anything, -,that, -DigitaLl,4said
they were planning to,do.the entire planting 14n.,the first'phase df -,.operation,
Those plantings would then --be applied -,to :the -next -phase, "so the4oandesion
did not waive any land ' scaping. , If .$40,000 wasruaived, �he said be wanted to
make sure the Consission knows whatit-is-do'Ingt-
Mrs Page said thetproposed�plantinga-ccxply with the planting -on seI,
ph.a
They were goingta.landscape around;the building. The site. -plan application
was for phase 1.
A, A -%A
rx
4,1
21,
jANNING COMMISSION JANUARY, l8g, 19n
Mrs Poger said it turned out to�be phases 1 and 2.
Mr. Page said,the application included A map which included 1, 2, and 3,
The application form..with,.the brea�dd"v'n,wagi,for phase 1.
Mrs Wess�l said he remembered',arguing that everything shouldn't be lumped
together*
Mr. Poger said pMqe 2 would Immediately. follow, phase I.- _Phase 3,�YOU14m�WIIDP
probably not be done -for. severol, years.
Mr. Moreney said Digital's attorney stated that aotually-it was,& singlep,7�-
phase pzo�qsa,but,in two phases., ., , - _-_ ,- � -" , -0 -. , ,
Mr. Page said he could check,with.;Harry,Behney�on this, They.�have actually
posted a,-bond.,for.4400000.,
Mr, Woclary-wondered why they bothered to call it�phAse 1 and 2 because
would be -one big building when it is done* He asked if all the trees shown on the
plan would exceed the value,,of-,$40,QOO._
Mrs Page,,said,-.Mrs Ward *yalu4tes the propoe-ed,landscaping and his comment
was that it meets the requirement.
Mr.,Poger s&td:he wanted to have it made clear that the Commission has not
i6difieCthe'"ount of planting for the first phase part and he also wants
it clear � that -any, ovorago in.the first partjlpo A�ppjied,tp thw-value,4,pr,,),)oth
p.Msese .� He suggested to,. Mr., �Page, the foljo4ng� wordings
Any planting&-. irk excess, . of tho val a of'.$40.000 shall be appLied to�'later
pLaxes gf thet Mject,
Mr.�Fage said-, he, -rovilpwed, this and in, trying rew# te,At, ".,qtippked with'
Harry Bohney 0443s, The- applicant,'.s. traffic: study,40 to,.be...su*Itt4iA' io
the,Planning Commissionifor.reviewjo' infg,
r Zw4
added,after talking with Mrs Bsh.ney-begape�.,
w9
thp Commission. The intent xxon't -,to,. hang. Digi#1 uPb-'10.,jMV).GT
service.,. to the Commission to receive� a, COPY*'
' ' . , ; 'i �
Mrs Pogex�,said he would like very much to have a traffic study on traffic
going in and out of - Digital L after -.,it is, in operation -to find, gut if thp-t,
conditions are adequate or.,whether come modifications wCqla,havp',t9_,, made
to, Shunpike, Road or �other, wkys, c?f _,. changing tbingoi to! make.sure,#a
, _t IA�, VS.2
got another industrial development iherep -there, will be adequ4te pl4pp -fori-S
traffice if.
Mrs Page�, asked, Mrs Poger- if -ho--yanted _,.ttlsa� ingluded, on _the,qrder*-----,T
Mrs Poger said If Xr6 Page. wonted,
,yjo Oo..soj t4t,jwould%.aak,* it lega ly
binding to add "after full completion. L of.'t6e building'j�qr informatiopa
purposesoll,
Kennedy Drive and Dorset Strpet interseqjon
Mr. Poger reported to a report in'tho Free. iress of .& Council meeting, of,
!A
about two months ago whOA the Williston Road -Tosk. Force.,asked the Council
for an additional entrance to-the..:Interstat6�at the Intersection,,of,
Kennedy Drive and, I?orset Street in order to,#;lAviat�qs
at the Dorset Street-Williston"Road intersection, According to the"re , p6it
the Council apparently asked,for a full I-nterchang* at A.this inte3M"g9,3;j-- C.-�
that would be the height of folly because it dqetroys Kennedy D;Ive
begin with,, Secondly# it would give one of the worst traffic ;*as where the
high school, isl it woulcl. create a.,nonuaental, jam In addition to thjone�_wso
already - there -on Williston., RoAdo - It would take traffic from Dlj�%l do'-wn
I I . � I ',f I . . I I �, . '0, -, ,, -, , 3
I
SITE PLAN PRESENTATION
SOUTH BURLINGTON, VERMONT
Project Description: 260,000 square feet of manufa6turing facility
tor -the manutacture of computor assemblies, sub -assemblies,
and components in the South Burlington Industrial Park
(formerly the Willis Farm).
Applicant: Digital Equipment Corporation of Maynard, Massachusetts
and Colchester, Vermont.
Project Concept: ' Digital is currently entertaining proposals from
selected architects for design of the facility. Digital
will award a design contract shortly in preparation to
request bids from contractors and subsequent award in
April, 1977. The building will be of steel frame in
30 x 40 foot bays with a flat roof and side walls of
masonry, glass and metal facade. Ceiling outside height
will be 26. The facility will contain offices, cafeteria,
and manufacturing space, and be fully air-conditioned and
sprinklered. The facility including projected expansions,
recreation areas, driveways and parking lots does not
exceed density requirements, side, front or rear lot set-
backs,height restrictions or violate the conservation
zones. All requirements of the South Burlington Zoning
ordinance are met or exceeded by the project. (See
Exhibit A., Site Plan)
Time Schedule: Digital expects to purchase the land by
February 1, 1977, with groundbreaking starting in May,
1977. Manufacturing operations are expected to start
on June 20, 1978. All work on the initial facility
including site improvements should be completed by
January, 1979. Consideration for construction Phase II
and III is estimated to occur in 1979-1980. Employment
opportunities can be expected to reach 600 in 1978 and
gradually build up to 1000 in 1979-1980. The 1978 em-
ployment figure includes 200-300 people who will be
operating in Digital's Pilot Plant in Colchester while
the South'Burlington facility is under construction.
Cost Estimate: The initial facility (Phase I) including site
work is estimated to cost $4,000,000 for construction.
Water and Sewer: The site is serviced by a 24 inch main trans-
mission line of the Champlain Water District, and the
facility,will be directly connected. Sewer connection
will be made at a manhole in Shunpike Road. Daily
.1i EDEPOSITION
EXHIBIT
2_
Z194 eol.6
resulting traffic which may occur in peak hours should
be traveling against peak traffic. Distribution from
the site via Kennedy Drive, Hinesburg Road, Dorset
Street, Williston Road is excellent. Very -little
traffic would be required to enter presently congested
traffic areas. CCTA is contemplating extending service
to the site if riders will subscribe to the service,
such as the service at IBM and GE. Travel during the
working hours will be minimal, with about twenty-five
trucks of all kinds during the day. Trucks such as
local delivery trucks, UPS, Allied Air Freight, local
supply houses, contractors, and trucking companies
would visit the site daily. Entrance to the building
will be designed to allow access by the handicapped.
Parking will be provided for the handicapped next to
heated sidewalks. This will ensure easy mobility for
wheel chairs, crutches, or other orthopedic devices.
Interior fixtures will also be fitted for use by the
handicapped.
Energy Conservation: All lighting, heating, air-conditioning,
satety and tire systems will be monitored by computorized
system. All systems are monitored to conserve energy
and turn on and off various systems. Solar glass will
be used to provide an insulation factor from outside
cold and heat. The building will be otherwise insulated
to the best technology currently available.
Performance Standards: Manufacturing operations will meet or
exceed all Terformance standards of the South Burlington
Zoning ordinance. The entire facility will be engineered
and designed to meet all public building, fire marshal,
and insurance regulations. It will be fully sprinklered
and wir the fire department alarm panel. Around -
the -clock security guards will be on site for security
and fire watch.
Vibration: None
Noise: None
Smoke: All heating will be supplied from
steam boilers fired by natural gas
or #2 oil (home type). No process
heat will be required.
Odors: None
Fly -Ash, Dust, Fumes, or
Other Air Pollution: None
!BE
Radiation: None
Heat: None
Glare: outside lighting will be in keeping
with the Zoning Ordinance via modern,
attractive fixtures.
Waste: All sewage disposal will be via the
public system, as stated; solid waste
will be removed via private con-
tractor. Solid waste will be stored
between pick-ups in a trash compactor.
A once -a -week pick-up will be re-
quired. No unusual solid waste will
be generated.
-4-
2. -
PLANNING COMMISSION MAY 25, 1976
ew of industrial Dark subdivision. ShunDike Road
Mr. Behney stated the land consists of three parcels. bordered by Muddy
Brook, Potash Brook, Shunpike Road and the Interstate 89, and formerly
belonging to Larry Willis, Keith Wright, and the Boyer Estate. GBIC received
a first blanket approval under Act 250, a permit which allows for site work
if it meets the covenants established within the permit and the South Burling-
ton zoning and subdivision regulational then. with administrative review,
they can site industries on the site.
Mr. Behney said they were planning to subdivide into a total of eight lots
for industrial use within the industrial zone. The large lot would be
reserved as one lot with the road developed by GBIC. Roads will include all
the utilities being brought into the site, Referring to a memorandum from
the City Manager dated May 21, 1976, Mr. Behney said the only thing not done
is to lay out the street lights and that is between Green Mountain Power and
Mr, Ssymanski. GBIC does not want to put lighting in the middle of an open
field, so Mr. Behney felt this was not of great consequence until they do
have somebody in the area. He said Dick Trudell could explain the engineer-
Ing data,
Mr, Behney then said for Information that this site is being developed by
GBIG-at the request of the community of South Burlington, a request made
three years ago, The site belongs entirely to GBIC and at this point. there
is $63,000 in cash invested in engineerJmg costs, legal fees, recording fees,
and tax adjustments; that is what it cost to bring it to this point today*
Interest Is being paid on the State loan at the rate of $83,00 a day.,
Mr. Poger asked if all the points in the City Manager's memo of May 21st
had been Incorporated, especially Item 2, the additional land for the re-
placement of the Muddy Brook bridge, and Item 1, the additional land for
the right turn lanes.
Mr. Behney replied he had agreed to that and had discussed this with Mr.
Szymanski* At the time each site is sold it will require site plan review
by the Planning Commission and they will document to the Commission at the
time they sell the land how It relates to the stipulations by Mr# Szymanskie
Mr. Poger referred to Potash Brook which cuts across the lower left hand
area and said there is a GO District which surrounds the brook and the,,Com-
mission would like to require as much as possible that the brook remain as
it is.
Mr. Behney agreed that they would respect all setbacks. also the flood
plain area, saying the soils are not good there anyway.
Chairman Wessel asked the status of the road now,
Mr. Behney explained the proposed access road was a condition of GBIC's
involvement with the community, They felt the access road was absolutely
necessary and also that they need a sewer for the site because they couldn't
develop without a sewer. He then read aloud a letter received by his from
Bruce Houghton, Transportation Engineer for the Regional Planning Commission,
which explained the history of the access road. This letter is to become
part of the record of this meeting.
Mre Behney explained the option held by South Burlington and the deed to the
60 foot right of which which GBIC is obligated to turn over, could be used,
he hoped, as part of the town"s share in the construction soots*
I
. L. *
PLANNING COMMISSION MAY 25L_12Z6 '
Mr. Peter Harvey, a resident of Shunpike Road, questioned the use of Shunpike
Road being used as access to the industrial park for work within the park.
He said the residents who attended the Council meeting last fall with their
lawyer had received a sense of the Council that Shunpike Road would be used
only during the construction of the access road into the park.
Mr. Behney explained that at the Council meeting Mr. Harvey referred to a non-
binding resolution was adopted asking that no work start at the site until
the access road was under construction, The thing GBIC is faced with is that
there is going to have to be traffic in here for GBIC to develop the roads in
the site; they have got to get in here also, They went over the construction
today and the materials involved and they do not foresee a great deal of traffic.
Mr. Behney said he agreed with these people 100% on using Shunpike Roads
there are many children on Shunpike Road, they were playing in the road today
and he was concerned about that. He said he would encourage the town and Mr.
Szymanski to start the road sooner than August but if GBIC waits for this road
to be used for access to do anything in the park9 It means talking about two
years away before anything can be done and it would be another complete con-
struction season before anything could be started because they can't start in
the winter. It would be 1978 before the town might have any investment there,
Just five years from the time the project started.
Mrs Wessel asked why the roads couldn't be built simultaneously.
Mr. Behney replied they can*t get there unless they use Shunpike Road.
Mr. Poger asked what the problem was of using the other end of Shunpike.
Mrs Behney replied because of the bridge condition.
Mrs Foger said the other end going into Williston is farm land rather than a
residential neighborhood.
Mr. Behney said there might be a problem with the gravelled road and the
distance is greater.
Mrs. Neubert asked about the bridge holding heavy trucks.
Mrs Trudell said it is deteriorating at the water level.
Mrs Harvey said that referring to the Minutes of last fall's Council meeting
GBIC was agreeable to limiting itself to building any portion of the industrial
park without first having the, access road into the park* The stipulation was
a sense but it was a sense of all the members of the Council at that time as
far as a use of Shunpike Road, that it only be used to build the access road,
Mr. Harvey asked that the Minutes of that meeting be read.
Mr. Behney said his understanding was that no construction would be started
until it was assured that this access road was under construction.
Mrs Harvey said that was not his interpretation,
Mrs Behney then read from the Minutes,
Mrs Harvey said he still didn't feel his question had been answered. What was
read was basicly what was presented at the meeting and it was still his
opinion that the intent was that the use of the north -south extension of
Shunpike Road was not allowed other than for the building of the access road.
Mrs. Neubert felt the motion was not strong and was not clears obviously
there Is only one way to get into the industrial park at this times It was
impossible to make a resolution that nothing will happen on Shunpike Road
until the new road is built. Harry Behney has to have surveyors, engineers,
and clients going into the site. The people were asking that nothing be'
on the road at all except anything that had to do with the access road,
She thought they had agreed that they could see the point that you do have
to get in there in order to construct the road, but you do have to use Shunpike
Road for other reasons, for purposes other than construction of the access*
40
PIANNING COMMISSION
MAY 25,j976
Mrse Neubert asked Mr. Behney if that was fti3 feeling, that he was allowed to
do that by that resolution.
Mr. Behney replied they wouldn't do anything on that site until such time
as the new road was being built,
Mrs. Neubert said she agreed with Mr. Harvey9 that she thought the motion
did not include use of the road to do the engineering work on the sewer
until the Access road is itarted.
Mr, Bohney said there was a difference botweon starting a road and using It*
Mrs, Neubert said she thought the intent of council that night, while they
could not be specific, was not that the entire site, be developed as far as
engineering and ae'Wer work by using Shunpike Road.
Mr, Harvey said they were not objecting to people coming into the site to
look at it, nor to engineering firms coming in and looking at it; they are
objecting to the heavy equipment and construction vehicles coming down the
road for the purpose of building that Industrial park prior to the building
of the access roade He said he wished to reiterate the fact that the access
road would be built prior to developing the industrial park. He said there
was some initial discussion about perhaps running the road in from the
Willis Engineering officest just a feeder road.
Mr, Poger asked how long, as a practical matterg would it take to build the
access road so it could be used to develop the property.
Mr. Trudell said it would be into November before it was finished,
Mr. Poger asked if that would mean the heavy equipment for the interior road
would have to wait until November, and Mr, Trudell replied until the following
year*
Mr. Poger asked Mr. Trudell if he planned to do other work on the site. using
the Shunpike Road.
Mr. Trudell said there might be confusion in people's minds about what the
industrial road is* He pointed out on the site plan the section GBIC is
proposing and the section that the City is proposing.
Mr, Poger said the confusion Is whether GBIC can build its road before the
Cityss read Is finished. If this goes through and GBIC could develop that
road at its own speed, how such traffic would there be along Shunpike Road
to develop the interior*
Mr, Trudell said there would be some intermittent traffic for materials;
the main traffic would be coming in after the utilities wore in. As far as
the operation with heavy equipment and heavy trucks goes, he would estimate
there could be one conizig past every twenty minutes.
Mr. Poger commented that was pretty fast.
Mr. Trudell said they had hoped to start in July to finish up in November,,
The heavy part of that would be the hauling of the gravel in the last month*
Mrs. Noub*rt asked about fixir% the bridget an estimate of the cost of this.
Mr* Trudell said there hadn't bben any estimate as far as he knowe
Mr, Behney said he and Mr, Szymanski bad talked about it last year@ It would
have to be done through a private contractors
Mr, Trudell said it wouldn't be a private contractor, it would have to be
done by both towns. It is owned by Williston but South Burlington maintains it,
George Voland said it seemed too bad that the residents hired a lawyer last
fall to get this weak resolution put In by the City Council, and if it takes
more time to build the road# that is just the way it goes.
Yxs. Neubert said she didn't think Council doliberiately misled these people
but that notion was made so that it could be subject to Intdrpretstiolne
PLANNING COMMISSION
MA Y _91t._ Al6
Mrs Schusle asked about the Army Engineers,, the National Guard, putting up
a temporary bridge because that would handle fairly decent sized tanks and
could probably handle the heavy trucks.
Mrs Behney explained the National Guard of Vermont doesn't have a bridge in
Its inventory. He is on the battalion staff from the State Engineers,
Even if they could borrow one they oouldnOt put it upl they are already
obligated for the whole construction time,
Mrs Ewing asked Mrs Harvey how long he had lived on Shunplk* Read.
Mr. Harvey replied three years.
Mrs Ewing asked if when he purchased his home did he realize that was
industrial land, that he must have realized all that land was there*
Mrs Harvey said the basic feeling& the understanding, was that on the north -
south extension of Shunpik* Road., that was the residential area. They found
out there was some talk about the possibility that at song time It would be
industrial. There was no definitive point brought out, either by the
realtore or the lawyers.
Mr., Ewing said he believed that land had been zoned industrial for mmy
years, back to the 062 zenIqg,
Mrs Harvey said he was not ava3ro of that,
Mr. Ewing asked Mrs Harvey if he wasn*t concerned with this land until someone
wanted to develop it.
Mrs Harvey replied he had been concerned right along,
Mrs Ewing asked if he didn't bother to check the zoning to see what was
going on.
Mrs Harvey said It was his first homes
Mr. Ewing said he would have thought Mrs Harvey would have seen this land at
the end of the street. He bought his home in the middle of an industrial
area,
Mrs Harvey asked if he did at that time buy it In the middle of an industrial
areal is Shunpike Road zoned industrial or residential,
Mrs* Neubert said Shunpike Road Is somed residential according to the pro-
cedure to protect existing neighborhoo4as
Mrs HWIng said Yesq but that *nd of the street in all toned industrial,
Yxse Neubert said anybody buying a house should 'be aware of that when buying
It Is the City9s policy to protect the existing Aeighbors# and it wasn't known
that they couldn*t do anything on the proyerty without going through Shunpike
Road. They didn't know about the road.
Mr. Ewing said the land was there and Mrs Harvey did buy his home In the
area without checking the zonings,
Mrs Levesque said originally this Pr0J00t was given conceptual approval,,
realizing the neighborhood would be protected with the now access road.,
Temporarily there would be some inconvenience with trucks passing and they
must put up with some inconvenience@ By looking at the flow chart it would
appear that Rost of the fill would be brought in in October when school would
have starteds With some guards on the street there could be some adequate
control,
Mrs Harvey said it was rjolly amazing to hint he didn't have any rights in
the City of South Burliqgtonj b* has been a taxpayer for three years* They
moved into the area because it was all farm land, a beautiful view, a beautiful
area, and now all of a sudden South Burlington in becoming a concrete jungle.
He said he just wants his little piece but he can see It is,jpt!jpIAg to be
there, and it also upsets him to be cross questioned by members of the Can -
mission and he guessed he had no rights. He said he was coming back to the
basic question. the use of Shunipike Road as an sco*" into the parke
Chairman Vessel asked that the Commission confine Ito reasons to this Issue,
PLANNING COMMMION
6.
MAY 25, 1976
Mrs Pogor stated the Plan was written to protect existing neighborhoodes
otherwise It would have been quite easy to re -zone Shunpike Road into some-
thing also, but the Planhing.Commission is very careful to recognize what
the Master Plan dolindatess This is quite a temporary use of the road and
the residential area will remain as it is. It is not to be a permanent
throughway of largo trucks or other hazardous material, It Is incumbent on
the Pl;Lnning Commission to prohibit or limit the amount of traffic which may
be necessary for the ordarly developments. The Commission should try to explore
either the temporary strwWthening of the bridge or try to spread some of it
through the Williston end of the graveled road, to try to minimize the impact
on the residential areas He said he thought It could be done.
Mrs* Krapcho asked if such of any site drainage or site alterati6n.-work would
be necessary in the development of the individual sites.
Mrs Behney said there are drainage ways which will go both to Potash Brook and
Muddy Brook as permitted by the Water Resources Board and will be tied Into
the drainage In the aragi there won't be such disgurbance of the land surftces
there will be very little tearing up.
Mrs Trudell indicated the cr6wn of the Und on the drawing and said In their
computations some of their stork dvoinage takes Iftto aocot%nt the mAximum
allowable building area and what the drainage would be from roof and parking
lots, areas where they oouldn*t drain by Aatural draimge to a stream, they
would have to provide for hooking Into the system. He said they have two
easements going down to the streams now and they have applied for a discharge
permit to the State and are In a waiting pe#od nows,
Mrs. Xrapcho asked If their system follows the streoms and the natural drain-
age Ways*
Mr. Trudell indicated the drainage easements on the dratinge
Mrs. Krapcho asked if there were any wet areas an the altos
Mrs Trudell said thaws are three small depressions wJh1ah hold some water
in a severe rain and indiowted the loostioti of these on the drawing* Ho said
tbere would be a certain excess of cut from their rQed work and they will put
this in those areas to smooth it off.
Mrs* Krepcho asked Ifg whon a site plan is submitted for an individual site.
would they authorize the City Manager to review the site drainage plan for
any specific proposal.
Mr. Trudell replied this is something that is done In a normal course anyways
Mrs* Krapcho said that was a debatable questions
Mr. Bohney said each project will come in for site plan review,, and he would
expect the architect would take that into consideration when he sites the
buildings
Seconded by Mrs ftinge
Mrs Trudell referred to #3 of Mrs Ssymanski's stipulations asiging for a
20 foot easement,, saying it might be best to leave that somewhat flexible
because they may fInd a better method,
Mrs Beliveau asked if the notion should provide for guards along the streett
the danger could be minimized by forcing some riostrictions as to how many
Suards. they are going to have.
Mrs, Poger said that would be a very difficult thing to do without knowing the
number of trucks or kinds of traffics Telling the developer what he has to do
four months from now would seen to go beyond the, scope of the notion. The
PUNNING COMMISSION MAY 21, 12Z6
avoidance of Shunpike Road is left flexible.
Mrs* Neubert said she wished to make a statement, that in the Comprehensive
Plan and the zoning ordinance that land has already been industrial except
for the part that was zoned residential. It is a City street; it is a through
street that connects to another community &W until an alternative is made
it can't be closed off to the traffic that is necessary* It is an unfortunate
thing and she felt that people had been made promises regarding Shunpike Road
that could not be fulfilled* She said she was sure that Mr, Behney will see
that eve"ing -poasi1le is don* to got the- road finished as quickly as possibles
she felt very bad about the whole thing, but ithas always been industrial,
Mr* Harvey said he thought that last fall they had the sense from the City
Council and they didn't push the legal issue past the sense because at that
time the statement was made that we have to begin trusting., They didn't
pursue the issue that it was not a binding resolution because they put their
faith in the City Council, and now they find their little residential strip is
continually getting smaller and smaller* Perhaps the Planning Commission has
the ultimate decision, he said, %4* is the fact that the City Council gave a
sense on this really irrelevant to this meeting. Again it is the use of the
north -south extension of Shunpike Road to move in heavy equipment, which
was the primary reason for going to the Council last fall. The residents
have an interest and have money invested in their property. Having heavy
equipment going down the road hurts the value of the neighborhood and It is
going to destroy the value of the property. He said he has two small childrent
there are 20 or 24 children on the blockl they are playing in the street day
in and day outl must he tell them to play in the backyard because someone
wants to move heavy equipment down the road* He said he didn't know what he
was empowered to do as a citizen or what his legal rights are here, The whole
residential neighborhood is going to change. It is going to go to a heavy
traffic area and eventually lVis going to be engulfed.
Mro Vessel explained that was not the issue tonight,
He asked that any further information given be new information.
Mr. Levesque said the Planning Commission took great pains in protecting the
neighborhood by asking the State to put in the east -west access road I it
wanted to protect the neighborhood.
Mrs., Krapcho said the Commission is committed to the protection of the resi-
dential neighborhoodl the question Is trying to accommodate some steps which
can be considered to improve the protection.
Mro Poger said there is nothing in this notion which changes the zoning of
Shunpike Road which remains residential. The problem now is simply the
access to the back development which the City has planned for a long while*
Mro Behney said one of the concerns was that the access was going be
used for some timet he thought there was concern that th At
isnfLd was going to
get under construction and these people would be faced with industrial traffic
of 50 to 75 cars every night and noon, etc. Our Act 250 permit did stipulate
a population that could be on this site without this road work on the site.
They have recognized since that time that that won't work and that is why
the building of this road has been pursued. He said he didn't want another
dine put into this proposal until they see the bulldozer coning, The first
month or two of this is low volume type traffice When they get into the
gmavel situation they are going to be stri" to got the use of this road I
it is shorter and safer than going way around to Williston.
The motion was voted unaninoualZ for ajpX2val,
Mrs. Krapcho asked about reducing- the speed limit, and Mro Ewing said the
request should come from the residents,
Mr. Behney said they would be most happy to put in their contract that a
certain speed would be maintained, 25 miles per hour is possible right now and
this is too fastp too fast even with no children out*
7,
PLANNING COMMISSJ DECEMBER 28; 1976
It, Mr. Hunt explained it could not be restricted but in general practice it
turns out that most residents are residents of the community. This is a,,,.
delicate Area because of the non-discriminatory provisions.
Mr. Poger asked if the rents were determined by an agreement between the
agency and the developer.
Mr. Hunt"�s`a'id it. Is'provided in the'rental subsidy contract between the
Fede3�al'"government"�nd the developei. The developer is entitled to autiomatic
annuai�adjustmints pegged,to the' corfsumier price index and in the event of
extrabrdinaiy incr'eases ln'utilitieg ina taxes 'Unforeseen by �the developer,
consideration will be' given to that. This is -a bit unlike the oth�r prbj�'6t's.
Mr. Morency asked if it wa's expieicted'thAt the residents would,be Vermont
residents; could there be restrictions that way.
Mr. Hunt said it could not be written'in*'that they had to' be Vermont residents,
but actually most of them would be residents of South Burlington. The
developer is encouraged -to stay within the community.
Site Plant' Dia'ft�ai'�FMipm'eni'bory�isti6�.'s'outh b4riin'� n fn"
gtor _ dust ri.61 Paik'
Mr. Beh�ey" 6xp'laiin-'ea threy' fiAd'gAdftvfAOn! ap"pio"Vaf 'just a week i;�iore J! 1
Digital came in. GBIC still owns the land and Digital is satisfying itself
io' 8 or"10"differ'ent items inciludiig'Abt 2"�O, the consi�uction` of tfie'r'oa"a,'
and the construction of the,sewer. Sewer status.is,awatting EPA,approval
and it'is' hoped thai"will be''ai4arded sometime in the near futu re'.
Mr. Behney digplay6d 'a site plan "on tlie boa3td and sa - id'a pidject of ihi
on its1fi
size gives the Ciiy�a`return` v68tm�n�. He referred to the w`ritten'�
site plan preiisentdti6n, copies"ot *hich V�ie, given' to 'the'CommissidA 'members.
He said 'if all requirements are satisfied within the next 30,days, Digital
will purchase'ihe land and begin constrUdtion"this spring of �he first -phase
of'260,000 s4uare feet,' A-th'the'next �fiase io'be another 260,000 s4tiare,;eet.
Mr. Behney Introd U�ced 'Mr. Ferguson a's " W"'nst r"u'ciion"pro'ject manager to" `�e
responsible for,this project as well I as.ihe one in Salem, N.H. of over
720,000 feet. He referred cilso to"Cari Usmain-wh6 represents Digital'
locally in the legal aspect,
Mr. Behney emphasized that he himself did not work for Digital,.and did.not
plan to, but GBIC does have a r6spofiiibility for these processes which "have
to be done. He -noted Digital was the '-largest in its field.
Mr. Poger asked aboiit Shu�pike' Road�'traffic.'
I a
Mr. Behney said this had been discussed at great length and Digital is asking
that the City Council take what'ev6r'ac'tion is appropriate to'discourage people
71-
from using Shunpike Road. Closing it would-be bad for fire protection, -_also
it would be an advantage to'people living there to be able to use that new road.
Council is to be asked to study this and to discuss with the residents 'on'the
street what is best.
Mr. Poger asked - when Shunpike,would.go,out to 2-A.
74r. Behney explained Williston is"studying'this now and is applying for
funds. South Burlington has to coopera�e with Williston and the bridge will
have to be replacedo' Williston's land Acdja6 I ent to the pr"8p6rty is zoned
industrial. If Pyramid Mall should become a reality, Williston would wa
"Pt to
be sure there would be one signalized interse6tion.
Mr. Poger asked if'Pyrami ' A Mall traffic would be a major disturber to Digital.
Mr. Behn6y replied not re'ally'because this was't o serve as an alternative
to Rouie'2. Traffic to and from D� , jital will be b4fore 'the general hours 6 f
travel, such as 7:30 to 4:'b.0 with everyone on the site by 7:30.
Mr. Ferguson said their hours could be adjusted i f necessary.
8.
PLANNING COMMISSION DECUIBIR 28 L_12Z6
Mr, Behney,referred to the difference in the work force for Digital as com-
pared to that of IBM which is 'Very techni'�al, and' low on direct labor. -
Digital will have a lot of,direct labor working 1� at the facility vs. a"i§mall
amount of.,overhead,personnel.,
Mr. Poger. commented, this would not allo'w,for much flexibility.
The ChplxvAn asked abouta traffic study,.
Mr.. Ftwgu_4spn Bp�id their architects'are starting 't6 work on it now and
wi,,Il isr
-bo-Ireview�qd 4,,,t4p .,Planning Cojqa sione.,
Mr, -Wess%l said his -main conc - ern was over t�,� 3,10,cati6l "of the buildirig �'Eib
'ighbortkood. He felt' "there' s' h I otild -be thd g"re9te'st
close,to the residential ne
separation possible between such a large building and ihe'resid6ntial area.,
Mr. Behney,said the.h�klding would be 200 feet from Shunpike Road and the
buildings have been §Itqd,,to take 'advantage o,f the bes.t soil conditions on
the site. They vary that much and they 'are b6tter in this *pEirticulat' area.
Mr. Poger asked how,much of a screen there would be for people on Shunpike
Road.
Mr. Behney,-,�sai44eo le on Shunpik6'-Ro'ad are"��6bibly�500 olt�i60014feet down*
- 1p
The -zoning 2islindust#al .qr� bq h.sid-es; it s an industrial neighborhood.
ifid"Mr. Befin4y 1-Liplied
The Chairman as%�O� if,the,bt�ild1n0,w0'u`ld'be ne 0
Yes.
y wo"
Mr.v,Pog�,,r,,as10d ab ut,a lands�apin'g bond And if "t'he""' _ulld as r A�waiver
for thetnext,phasep,,..
Mr. Bohney said-ey' h�ne done Is being geared to the p0,000 square feet.
, pry� , � I � f :�, - � -1111, " � ,
Th-e-vater lines,, sewer,, lines, power se1rvi'o'ip'4`, the acc�,ss. toads,- and m��h 'of
pg e�'
the landscaping is,.,t �he� ultima"
,,g red, tto �1 te.project. Much o�f the initial
landscaping will ex eo theL min ma amount'-' it Is, jea'ired to, the �futui'le'
Ale
expansion,
Mr. Ferguson "A& -t eir present plans -are to o ail of the land sca ping,',.�
� 4:04 ,
tWee planting !�po ALhWbb1r_yJtp ta:�q, care of the entire project, doing all
this at the itiitlal pha . se,,of le pr',"pjeq_'t'. He'leixpl:ained they have a president
who Is A "bug I " on . tree - s, shrubs, &q&ss, all those things.
' , " ill I '"under the roads, with Mr.
Mr. Behney --explained 'the plan to ve a eeveq,
Fergusonisaying I th e' fi re hydrant shown'would be from th�ir own pond and not
from the town water.
Mr.,13ehney said Di . giW w0t4d ja� X e available figures of.what they would
actually spend on 9�1
,th e. fl ra t,,,pha s e A 11 w ' ld far exceed'the requirements
,and is willing i�% bqn.4, for-'ihe' ,$-46 Odot They are pre-parid to itritei a' 'bond
,right -now,
Mr. Ferguson -said that"in' ih.eir',parking lots they normally plan on islands
that run a full-length oft . he lot., When there' . is a storm it is'importAnt
that their people.get here and find the pa;�ing lots cleared,. The strip
would be 4 feet wide with trees, natural stone, or something to break iip the
monotony of the-par4ng lote That is company,_policy. All the detail cannot
be shown�on this,stall scale plan.,
Mr-'s Behney showed',seVeral photographs to illustrate the plan and the plantings
ana ihrubbery.
Asked aboiAt a^gia_ol�ilk on the island, Mr. Ferguson'said they do hire quite a
few handicapped pi�qple and they couldn't get wheelchairs up and down, so they
put in heating coi . ls in'all of the roadways that lead from the entire parking
area reserved for'"the handicapDed so people can get through without any
obestacles. They try to keep this quite nearlthe visitors' parking.
The Chairman commented that in commercial parking lots there is a problem with
cars conflicting with pedestrians.
Mr. Ferguson said they handle safety by their own security guard and that is
the way thpv prefer to handle it.
I
(Lv,
PLANNING COMMISS! DECEMBER 28,_1976
Mr. Behney explained the difference between a one -shift operation with no
traffic in between hours In the parking lots And the operation of a shopping'
center with people constantly going back and forth in the parking ' lot.
Mr. Behney said the two phases planned are just 'about half the size of IBM
and cover -6% of the entire site and is in contra's t ;to, CB35t'l-sprevi ous proposal
of 8 separate sites which could have gorie the limit of the subdivision and
zoning,r,igulations.
Mr. Behney then suggested�the findings of fact could be made on the approval
of the'tinalized landscaping plan to be submitted. TIAS-would 16xce'ed -what
has been suggested as well as answer the landscaping questions asked by both
Dick Ward and Steve Page.
The Chairman asked about lighting.
Mr. Ferguson said they would use a low-key type of lijht which -does not throw
any glare up; it is a yellowish amber 'color; their people have done quite a
bit of study on it end are -starting to replace 'their present fl6od lights with
this new light. The lights would have a precast C6hcidte bdie (if �about 3 feet
and would be about'23 feet in the Air.
Mr. Poger asked if 'there wai5 any'paitioular timason for this h4ight because
the City has asked forlower lights, t -o
Mr. Fergus6n -said -6 feet "Isn't goifig to give Au-ch'spr"edd �in a'�'--fai'rkinig',lot.
A
Some lights are kept -ori'rit "night. 3only for security purposes, the lighting will
not be100% all night long.
Mr. Wessel'asked if this lighting -had'beerf approved by , the Airport, And Mr.
Behney:',teplidd this site pla`n4s outside -the Airport flight p6ttern.
Mko'-Feirgiison said there will nothing on Ithe'rodf than 4'teet Above
the roof line. Asked if this was an as�seihbly,Plarit, 'hi stated it was "fdr
light manufacturing dhd assembly. He -dispiai ed A f60_ of the;atticles -tb be
assembled at the plarit.
Asked about solid wasiO,,:he said 'there '4641d'- , be� "'hone. t L
Mr. Behney said trash:idthin 'the plant 'sldoh'as7 -shij�iing cartons. would be
compacted within the plant -and hauled aw&j 49'ekly.
V
Mr. Poger asked about a -traffic signal. for 'closirig' down time 'as 'there � ould
be a great'idea 1 more traffic, and he would agree with Dick Ward that there
dhoulUbe some' kind bf light.�there.
Mr. Behne'y said that would be the r6sp6fisibility'of the State.
Mr. Poger;said -he was not ready to 'make a moti6ri yet for Approval''as, he', ' i�as
not sure abotit , the islands and he"would not'fedl'comfdrtable making'a'A-totion
toapprove a site Plan bofoft- these things are discussed.
The Chairman said it could be stietthed"t6 be Aficluded'ifyider landscaping.
Mr. Poger said he did not want to' stretch it.
Mr. Levesque said he would -rather proceed and Mt. Morericy agreed' that 'the
Commission ought td,go ahead,"
Mr. Levesque moved that the Planning Commis6ion approve the site plan for
the Digital plant. with the items in Mr. Ward's memo to S-e considered. 'k
landscaping bond to be po
scapina plan to be present
Seconded by Mr. Woolery.
Atty. Carl Lisman said all
being planned for 520,000
Phase 1 is to effectively
approval before the first
contemplated for -)20,000 square
to
the things the Commission was talking about are
square feet of buildings. To go forward and approve
force Digital to come back and ask for Phase 2
one is begun. All plans discussed thus far are
f eet.
10.
PLANNING COMMISSIJ DECEMBER 28 12Z�
Mr. Lisman said perhaps their terms of Phase 1 and Phase 2 were somewhat
misleading. This is an application for a building to be put up in two stages.
Mr. Morency asked about the projected employment figure.
Mr. Behney said the Act 250 permit is limited to 2,000 people and the
planning for that acreage is based on that population, 2,000.
Mr. Fergus6n said 520,000 square feet will -cover 1,800 to 2,000 people.
Mr. Poger stated he had no objection to what had been presented here but he
would -not vote --until he had'more information,"� _ �. I ,
The motion'-�as passed by'four'affitmative votes; Mr.-IPoger abstaining' 0
Sketch Plan, 1 lot subdivision,.RDR Enterprises, south, -of 84 Shunpike'Road
Mr. Robert Willis explained they have ar30 acre,parcel on the -west side of
Shunpike Road which is adjacent to the Digital property. According to the
zoning map, he said, the residential a F ea extends from Williston Road
1100 feet up Shunpike Road which comes to their 30 acre industrially zoned
parcel*' What they'are planning-to-dols to �ake,-out one residential,lot
which will"then ifiak6it agree with the zoning, taking this out of the 30
acre parcelo' The1`6t woluld'be'10�88 ad:r6s. He's -aid he believed ti-fe zoning
4p also show's-the'residential on the east side of Shunpike Road going
right do*n to the end of Shunpike Road.
D67. Page*said it didi just aboutb �and they were'trying to make it correspond
to�the zonin'g map. The intent had been to follow the lot lines of the
existi . rig'Xt-sidenc , es;'thd`int'ent was' to�-'Include'the pbpulated,,a'rea, not, the
va . can . t 'area. Saying th4te was' a"long histbry in this-,, he, explained � the.'
�Fevio�s' plan to moveAh6 Willis office building -to' this land. -This,vas
objected to bythe area residents, so this is anal-ternative plan to use
the land. This woul�.. be Mr. .,Harvey's buffer .(adjoining property owngr)-1
Mr. -Poie'r said. wa' iA la-rg"e indu�h to"�aei��oaale_ a',dif fate''nt kind of housing
in an'area of single farKily dwbIlifigs' didn't mak6 sense.
Mr.'Willis explained 'they would not be bdilding' on I t -but would sell the lot.
He'would rather hot have a 'stipulation on it as to, a single family dwelling
be,ing required.
Mr. Poger -felt one ofthe ways to protect existing,neighborhoods is not to
change,'It by'putting somethihg different on a lot. --
Mr. s6hu,ele suggested "this lot could be a transition from residential to
industrial't and Mr. Woolery felt it should be restricted to 'at least -a
duplex, if 'not i6 a single -family home.
Mr. �6g'er said he. votild like a'sti�ulation f6r a one family house.
Mr. Willis explained he was not going for all he could, get.
Mr. Woole . ry 6uggested getting the'residents there for the public hearing;
If Mr. Willis wanted to put more -'than one family dwelling and the neighbors
don't care, it is altight with the Commission.
The Chairman asked about plans for the barn, and Mr. Willis replied his father
wants to preserve it the way it is now.
Mr. Poger 'said the Planning Commission would welcome any suggestions�for the
use of 'that barn and Could even wa, ive other requirements if that was�,
necessary,
k, tb
NOTICE OF APPLICATION AND HEARING
ACT 250 MINOR APPLICATION #4CO190-2A
10 V.S.A., CHAPTER 151
Notice is hereby given that on August 29, 1989, an ap-
plication was filed by Digital Equipment Corporation, 115
Kimball Avenue, South Burlington, Vermont 05403, to
add six rooftop air handling units to the existing twelve
units on the roof of the Digital Equipment Corporation
Bulding, and to add two new cooling towers within an
existing enclosure adjacent to the building, located off of
Shunpike Road in South Burlington, Vermont.
The District Environmental Commission will treat this
application under Environmental Board Rule 51 -- minor Ap-
plications (amended effective 9/l/84). 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 prepared unless 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 Wednesday,
October 4, 1989, 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 Wednesday, October 11, 1989.
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 in Essex Junction, Vermont, this 12th day of September
1989.
By P'E
Dana H. Farley
District Coordinator
111 West Street
Essex Junction, VT 05452
879-6563
4CO1902A.NOT/br
Districts# I & #8
District #5
RR #2, Box 21,61
324 North Main Street
Pittsford, VT 05763
Barre, VT 05641
(802) 483-6,022
(802) 479-3621
C] Districts #2 & #3
District #7
RR #1, Box 33
180 Portland Street
N. Springfield, VT 05150
St. Johnsbury, VT 05819
(802) 986-2215
""'A
- li-
(802) 748-8787
Districts #41, #6 & #9
_17
Environmental Board Office
I I I West Street
STATE OF VERMONT
c/o State Office Building
Essex Junction, VT 05452
Environmental Board
Montpelier, VT 05602
(802) 879-6563
District Environmental Commission
(802) 828-3309
MEMORANDUM
TO: All Parties
Dana H. Fa ' D?w
FROM: r1ey
District Coordinator
DATE: September 12, 1989
RE: Land Use Permit Amendment Application
#4CO190-2A
Digital Equipment Corporation
115 Kimball Avenue
South Burlington, Vermont 05403
Enclosed for your review is a copy of the proposed land use
permit for the above referenced project. As indicated in the
Notice of Application and Hearing, this application is being
processed as a "Minor" pursuant to Environmental Board Rule 51
(as amended on September 1, 1984) and no hearing will be held
unless specifically requested. Any bearing 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 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 Wednesday, October 4, 1989.
If you have any questions regarding this proposed permit or the
"Minor" application procedure being used to process this application
do not hesitate to contact me at the District Office.
4CO190-2A.MEM/br
rROPOSED
State of Vermont
LAND USE PERMIT
THIS IS A PROPOSED PERMIT: PLEASE SUBMIT YOUR COMMENTS BY
October 4, 1989.
AMENDMENT
CASE NO.: #4CO190-2A LAWS/REGULATIONS INVOLVED
APPLICANT:Digital Equipment 10 V.S.A., Chapter 151
Corporation (Act 250)
ADDRESS: 115 Kimball Avenue
South Burlington, Vermont 05403
District Environmental Commission #4 hereby issues Land Use
Permit Amendment #4CO190-2A, pursuant to the authority vested in
it by 10 V.S.A., Chapter 151. This permit amendment applies to
the lands identified in Book 105, Page 61, of the land records of
the City of South Burlington, Vermont, as the subject of a deed
to Digital Equipment Corporation, the 11 Permittee" as "Grantee".
This permit specifically authorizes the Permittee to add six
rooftop air handling units to the existing twelve units on the
roof of the Digital Equipment Corporation, and to add two new
cooling towers within an existing enclosure adjacent to the
building, located off of Shunpike Road in South Burlington,
Vermont.
The Permittee, 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 #4CO190 and amendments
are in full force and effect except as amended herein.
2. The project shall be completed, operated and maintained as
in accordance with the plans and exhibits stamped "Approved"
and on file with the District Environmental Commission, and
in accordance with the conditions of this permit. No
changes shall be made in the project without the written
approval of the District Environmental Commission.
Page 2
Land Use Permit Amendment
#4CO190-2A
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 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 Vermont
environmental and health statutes and regulations and
with this permit.
5. By acceptance of the conditions of this permit without
appeal, the Permittee 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 Permittee and all assigns and successors in interest.
6. In order to minimize the visual impact from the surrounding
areas, the six additional rooftop air handling units shall
be painted the same color as the existing rooftop units.
7. The air conditioning system associated with the new rooftop
units shall use the energy efficient variable air volume
technology and all other energy conserving features outlined
in Exhibit #3. This includes centrifugal chillers for the
refrigeration system and variable speed drives on the
blowing motors associated with the cooling towers.
8. All construction on this project must be completed by
October 15, 1990.
9. This permit shall expire on October 15, 2019 unless
extended by the District Commission. Notwithstanding the
latter date, this permit shall expire one year from date of
issuance if the Permittee has not demonstrated an intention
to proceed with the project. In any event, substantial
construction must occur within two years of the issuance
date.
32. Failure to comply with all of the above conditions may be
grounds for permit revocation pursuant to 10 V.S.A., Section
6090(b).
Page 3
Land Use Permit Amendment
#4CO190-2A
Dated at Essex Junction, Vermont, this
1989.
Dana H. Farley
District Coordinator
4CO1902A.LUP/br
day of October,
By
W. Gilbert Livingston, �Hhairman
District #4 Commission
Commissioners participating
this decision:
M. Lynn Whalen
Patricia Tivnan
CERTIFICATE OF SERVICE
;jI hereby certify that I, Dana H. Farley, District
lCoordinator for the Environmental Board, sent a copy of the
foregoing Notice of Application, Memorandum and Proposed
ZPermit regarding minor application #4CO190-2A
U.S. Mail, postage paid, on this 0-j'Kday of September,
H1989 to the following:
'Digital Equipment Corporation
!attn: Robert Snyder
�115 Kimball Avenue
South Burlington, Vermont 05403
�Digital Equipment Corporation
146 Main Street
Maynard, Massachusetts 01754
,,Margaret Picard, City Clerk
1575 Dorset Street
jSouth Burlington, Vermont 05403
Chairman, Board of Selectman
c/o City Clerk's Office
575 Dorset Street
South Burlington, Vermont 05403
Chairman, Town Planning Commission
c/o City Clerk's Office
575 Dorset Street
South Burlington, Vermont 05403
Chittenden County Regional
Planning Commission
PO Box 108
Essex Junction, VT 05453
I I
�Mark Sinclair, Esq.
:iRepresentative, State Agencies
;Agency of Natural Resources
�103 South Main St. - 2 Center
�lWaterbury, VT 05676
jiFOR YOUR INFORMATION
�!District #4 Environmental Commission
W. Gilbert Livingston
M. Lynn Whalen
Patricia Tivnan
111 West Street
Essex Junction, Vermont 05452
Page 2
Certificate of Service
#4CO190-2A
Environmental Advisor, William Hall
111 West Street
Essex Junction, VT 05452
Don Hipes, District Conservationist
12 Marketplace
Essex junction, VT 05452
Tom Bushey, Chairman, N.R.C.D.
PO Box 1464
Shelburne, VT 05482
Thomas Myers, Dept. of Fish & Wildlife
Agency of Natural Resources
111 West Street
Essex Junction, VT 05452
Jon Anderson, Dept. of Fish & Wildlife
Agency of Natural Resources
111 West Street
Essex Junction, VT 05452
JBurlington Free Press
Attn: Classified Ad Section
191 College Street
!Burlington, VT 05401
iStuart Slote, Energy Engineer
Department of Public Service
120 State Street
Montpelier, Vermont 05602
Regional Engineer
,Ernie Christiansen
111 West Street
Essex junction, VT 05452
FOR YOUR INFORMATION:
!ADJOINING LANDOWNERS:
;Robert V Willis
1 135 ShunDike Road
Willist6n, Vermont 05495
IPage 3
!Certificate of Service
!J4CO190-2A
hFOR YOUR INFORMATION
j
JADJOINING LANDOWNERS:
I'Clifford W. Tilley
11
1!Kennedy Drive
jSouth Burlington, Vermont 05403
1 :
�iDaniel O'Brien
11150 Old Farm Road
1,South Burlington, Vermont 05403
HLeo O'Brien
11200 old Farm Road
J�South Burlington, Vermont 05403
!Vermont Commercial Warehouse
,175 Boyer Circle
,lWilliston, Vermont 05495
lWashburn Boat and Auto
169 Boyer Circle
iWilliston, Vermont 05495
,;Adams Properties
:1355 Essex Road
!Essex Junction, Vermont 05452
I
','Dated at Essex Junction, Vermont, this 12th day of September
J 1989.
BY
Dana H. Farley
District Coordinator
4CO1902a.CS/br
State of % 4rmont FKQF(JSED
_RMIT
LAND USE PE
AMENDMENT'
CASE No. 4C0190-3
APPLICANT Digital Equipment Corporation
ADDRESS 115 Kimball Avenue
South Burlington, Vermont 05401
LAWS/REGULATIONS INVOLVED
10 VSA, Chapter 151 (Act 250) and
Environmental Protection Rules,
Chapter 4, Public Buildings,
Chapter 7, Sewage Disposal
District Environmental Commission #4 hereby issues a Land Use Permit Amendment
pursuant to the authority vested in it in 10 VSA, Chapter 151. This permit applies
to the lands identified in Book 130, Pages 96-100, of the Land Records of the
City of South Burlington, Vermont, as the subject of a deed to Digital Equipment
Corporation, the "permittee" as grantee. This permit specifically authorizes
the permittee to construct'a failure analysis laboratory within the existing
facility and approves the jogging trail on the site of the previously approved
industrial facility on 175 acres located off of Kimball Avenue in S6uth
Burlington, Vermont.
The permittee, its assigns and successors in interest, are obligated by this
permit to complete and maintain the project only as approved by the District
Commission in accordance with the following conditions:
1. The project shall be completed as set forth in Findings of Fact and Conclusions
of Law #4CO190-3, 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.
2. By acceptance of the conditions of this permit without appeal, the permittee
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
permittee and all assigns and successors in interest.
3. This permit hereby incorporates all of the conditions of the Certification
of Compliance #4CO190-3, issued on
LAND USE PERMIT AMENL-IT
#4CO190-3
Page 2
4. 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
in accordance with the terms of the permit.
5. The permittee and all assigns and successors in interest,. shall install and
maintain water -conserving plumbing fixtures in the 'failure analysis laboratory,
including but not limited to low -flow showerheads and aerator -type or flow -
restricted faucets.
6. The permittee shall apply to the District Commission for approval prior to
commencing any change in -this process which would cause noxious or unhealthy
emissions into the air or injection of toxic wastes into the soils.
7. The permittee and all assigns and successors in interest shall continually
operate and maintain the failure. analysis laboratory as approved and sha.11
dispose of all hazardous wastes; - including the limestone filter material,
in accordance with all'applicable local, state and. federal regulations.
8. All construction on this project must be completed by April 30, 19�M.
9. This permit shall expire on January 27, 2002, unless extended by the District
Commission.
10. Notwithstanding, this permit shall expire one year from date of issuance
if the permittee has no-t demonstrated an intention to proceed with the
project.
11. , Failure to comply with any of the above conditions may -be grounds for permit
revocation pursuant to 10 V. S.A.,' 96070 (b)
Dated at Essex Junction, Vermont, this day of 1983.
Commissioners participating
in this decision:
Lincoln C. Brownell Katherine M. Powers
District #4 Coordinator
Helen B. Lawrence
Richard H. Wadhams
PROP05r)D
STATE OF VERMONT
DISTRICT ENVIRONMENTAL COMMISSION #4
RE: Digital Equipment Corporation Amendment Application #4CO190.
115 Kimbal Avenue Findings of Fact and
South Burlington, Vermont 05401 Conclusions of Law
.10 VSA, Chapter 151 (Act 250)
DISCUSSION
On March 22, 1983, an application for an Act 250 permit amendment was filed
by Digital Equipment Corporation, 115 Kimball Avenue, South Burlington,
Vermont, for the construction of. a failure analysis laboratory within the
existing building and the installation -of a jogging trail on the site of the
previously approved industrial facility on 175 acres located off of
Kimball Avenue in South Burlington, Vermont.
The tract of land consists of 175 acres.- The applicant's legal interest is
ownership in fee simple.
Under Act 250, projects are reviewed based on the 10 environmental criteria
of 10 VSA, §6086(a) 'I-10. Before granting a permit, the District Commission
must find that the project complies with these criteria and is hot detri-
mental to the public health, safety or general welfare.
Decisions must be stated in the form of findings of fact and conclusions of
law. The facts we have relied upon are contained in the documents on file.
identified as Exhibits #1 through #18_
Parties to this application are the applicant as represented by Richard C. Pahl
the City of South, Burlington; the South Burlington Planning Commission; the
Chittenden County Regional Planning Commission; and the Agency of Environmental
Conservation by Dana 'Cole -Levesque, Land Use Administrator.
In making the following findings the Commission has summariz'ed the statutory
language of the 10 criteria of 10 V. S.A., §6086 (a) , below.
FINDINGS
1. Water and Air Pollution: 1�
AIR POLLUTION:
M The failure testing laboratory will be located within the existing
laboratory. The chemical' cabinet in this laboratory will be vented
to the atmosphere and (Exhibit #4), those chemicals which inay be
emitted are listed and de:§cribed in Exhibits #11, #10 and #15.
The flume hood will be constructed as depicted in Exhibits #17 and
#18, and the Agency of Environmental Conservation has deternLined
that the quantities of chemicals involved are small and no air
Pollution permit is needed (Exhibit #51'.
FINDINGS OF F P R
4CO190-3 OPOS�D
Pacre 2
(ii) The Commission finds that undue air Pollution will not result from
the use of t - his failure analysis laboratory.
WATER POLLUTION
I(A), l(D),-l(E), and l(F) Headwaters, Floodways, Streams and
Shorelines
Cil Based upon Findings of Fact #4CO190 and #4CO190-2 and a review of
this application, the Commission finds that this amendment does
not change these findings and, therefore, these subcriteria are
not applicable to this amendment application
l(B) Waste Disposal:
M This failure analysis laboratory will produce an aqueous discharge
(Exhibit #4). The chemicals comprising this discharge and their
respective quantities are described in Exhibits #9 and #11. These
discharges will be neutralized as described in Exhibit #12 prior
to discharge and the organic solvents will be collected and
disposed of as hazardous waste (Exhibit #11).
Cii) The South Burlington City Manager has stated that this discharge
will not have a significant impact upon the wastewater treatment
process CExhibit #6), and the Agency of Environmental Conservation
has reviewed the discharge information and found that the discharge
does not Present a*threat to the municipal system and a pre-
treatment permit is not required (Exhibit #7).
(iii) The Commission will require that the applicant dispose of all '
hazardous wastes, including the limestone filters, in accordance
with all applicable state, local and federal regulations.
(iv) The Agency of Environmental Conservation, Division of Environmental
Engineering and Water Resources a Certification of
Compliance approving the interior Plumbing.
(v) Stormwater runoff from the jogging track will be absorbed into the
soils and the Agency of Environmeftal Conservation has determined
that this jogging track does not require an amended Temporary
Pollution Project (Exhibit #8).,
(vi) The Commission finds that the failure analysis laboratory, if
constructed and operated As approved, and the jogging track meet
applicable water resources department regulations and will not
result in the injection of waste materials or harmful or toxic
substances into ground water or wells.
FINDINGS OF FAt) Pjqopos)
4CO190-3 ED
Page 3
l(C) Water Conservation:
U) The Commission will require that the applicant install water con-
serving plumbing devices in the sink, emergency eye wash and shower.
1 2-3. Water Availability and Impact on Existing Supply:
Cil This failure analysis laboratory will be used on an irregular basis
(Exhibit #11), will not measurably increase the water demand of the
facility, and the jogging trail has no water demand.
Cii) The Commission finds that sufficient water should be available to
service the laboratory and that it will not cause an unreasonable
burden on the existing supply.
Soil Erosion:
UL The failure analysis laboratory is located within the existing
facility and involves no new const:ruction. The jogging trail has
been constructed on Digital property' with culverts installed as in-
dicated on Exhibit #14.
(ii) The -Commission finds that the jogging trail has not caused unreasonab]
soil erosion or -a reduction in the capacity of the land to hold
water.
Transportation:
Cil The Commission finds that,'becaus,e the failure analysis,laboratory
and the jogging trail,create no new traffic, this criteria is not
applicable to this amendment application.
7. Educational and Municipal Services:
(ij The South Burlington City Manager has stated that this failure
analysis laboratory will not have a significant impact on the
municipal treatment plant (Exhibit #6) and the laboratory and
jogging trail require no other services.
Cii) The Commission finds that the failure analysis laboratory and jogging
trail will not place an unreasonable burden on the ability of the
City of South Burlington to provide educational, municipal or
governmental services.
8. Aesthetics, Scenic -Beauty, Historic Sites and Natural Areas:
Cil The Commission finds that Findings of Fact #4CO190,are not changed
by this amendment application for a failure analysis laboratory.
Cii) The Commission finds that the jogging trail will not have an undue
adverse effect on the scenic or natural beauty of the area,
aesthetics, historic Sites or rare and irreplaceable natural areas.
4
FINDINGS OF I
4CO190-3
Page 4 PROP00"SED
9-10. Conformance with the Capability* and Development Plan and Local or
Regional Plan:
M The Commission finds that, as Findings of Fact #4CO190 and
#4CO190-2 are not changed by this amendment application, these
criteria are not applicable to this amendment application.
CONCLUSIONS OF LAW AND ORDER
Based upon the foregoing Findings of Fact, it is the conclusion of this
District Environmental Commission that the project described in the
application referred to above, if completed and maintained in conformance with
all of the terms and conditions of that application, and of Land Use Permit
#4CO190-3, will not cause or result in a detriment to public health, safety
or general welfare under the criteria described in 10 V.S.A., §6086(a) and
that, pursuant to such section, a permit is therefore issued.
Dated at Essex Junction, Vermont, this day of 1983.
Commissioners participating
in this decision:
ILincoln C. Brownell
lHelen B. Lawrence
e
Richard H. Wadhams
Katherine M. Powers
District #4 Coordinator
LISMAN & LISMAN
ATTORNEYS AT LAW
191 COLLEGE STREET
BURLINGTON, VT. 05401
RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Digital Equipment
Corporation, a Massachusetts corporation having a place of
business in South Burlington in the County of Chittenden
and State of Vermont (the "Grantor"), for good and valuable
consideration, the receipt of which is hereby acknowledged,
does hereby give, grant and convey unto the City of South
Burlington, a Vermont municipal corporation (the "Grantee")
and its successors and assigns, an easement, 20 feet in
width, for the installation, construction, operation, repair,
maintenance and replacement of a sewer line, said easement
being in two segments, one of which commences at the northerly
terminus of an easement granted to the Grantee pursuant to a
deed, dated January 27, 1977, recorded in Volume 131, Page 134
of the Land Records of the City of South Burlington, and pro-
ceeds therefrom as an extension thereof in a line in two pieces
to a point in the southerly sideline of Kimball Avenue, which
point is approximately 10 feet southeasterly of sewer manhole
No. ; and the other of which segments commences near the
southerly terminus of the aforementioned easement and proceeds
therefrom in a southeasterly direction. The precise location
of said easement is depicted as "20' Sewer Easement to be deeded
to the City of South Burlington, from Kimball Drive to existing
Sewer Easement" on a survey of land entitled
Plat of Land of the
Digital Equipment
Corporation
South Burlington, Vermont
dated August 4, 1977, and revised September 29, 1977 and May 22,
1981, recorded in Volume , Page of the Land Records
of the City of South Burlington. This grant is subject to all
covenants, rights of ways, restrictions and other interests in
land of record.
Being a portion of the lands and premises conveyed to
Digital Equipment Corporation pursuant to a warranty deed, dated
January 27, 1977, recorded in Volume Page of the Land
Records of the Town of South Burlington.
This conveyance is subject to the following reservations,
conditions, covenants and agreements:
1. Prior to commencement of construction or installation
of a sewer line, the Grantee shall obtain and deliver to the
Grantor, in form suitable for recording in the Land Records of
the City of South Burlington, an instrument, duly executed by
Green Mountain Power Corporation, (a) consenting to the install-
ation, construction, operation, repair, maintenance and replace-
ment of said line through, over, under or in lands which are
subject to an easement to Green Mountain Power Corporation
as evidenced by an instrument recorded in Volume 131, Page 444
of the Land Records of the City of South Burlington; and (b)
waiving forever any claim Green Mountain Power Corporation,
or its successors, may have against the Grantor, or its
successors, on account of the grant of this easement or
on account of any installation, construction, operation,
repair, maintenance and replacement of said sewer line or
on account thereof, or on account of connection to the sewer
line previously granted by an easement deed recorded in
Volume 131, Page 134 of the Land Records of the City of South
Burlington.
2. Any initial installation and construction of said
sewer line or appurtenances thereto shall be undertaken in
strict conformance to the plans and specifications therefor,
dated March 15, 1981, prepared by Trudell Consulting Engineers,
Inc., bearing project number 80129. Following completion
of said initial installation and construction ' the Grantee
shall certify to the Grantor that such installation and con-
struction was undertaken and finished in accordance with
such plans and specifications and shall deliver to the
Grantor "as built" plans certified by Trudell Consulting
Engineers, Inc. Thereafter, any subsequent installation,
construction, repair or replacement shall not be undertaken
with t h . J�8t fqpgyp� of the Grantor, or its suc-
'u Mcg�i',EmgFi,
cessors 'A which consen s a not be unreasonably withheld.
3. Any installation construction, operation, repair,
maintenance and replacement of said sewer line shall comply
with all applicable laws, ordinances, rules and regulations,
and Grantee, or its successors, shall obtain and maintain all
permits, licenses and authorizations required for such con-
struction, installation, operation, repair, maintenance or
replacement, all at the sole expense of the Grantee or its
successor. The Grantee, or its successor, shall notify the
Grantor, or its successor, if any application or request for
a permit, license or authorization must be made by providing
to the Grantor, or its successors, a copy of such application,
request or demand at such address as may be provided by the
Grantor, or its successor, from time to time; the Grantor, or
its successor, reserves the right to prohibit the making of
any such application or request, but may not unreasonably
withhold its approval.
4. Included together with such easement is the right to
enter and be on such lands of the Grantor as the Grantor (or
its successors) shall designate, for such purposes, provided
that such entry shall be reasonably necessary to the purposes
hereof and that any disturbance to such lands (including the
lands in which the easement is located) on account thereof will
be restored by the Grantee or its successors to the condition
prior to entry, all at no cost to the Grantor or its successors.
Any such restoration shall be deemed satisfactory upon approval, in
LISMAN & USMAN
ATTORNEYS AT LAW
191 COLLEGE STREET
BURLINGTON, VT. 03401
writing, by the Grantor or its successors. Failure of the
Grantee, or its successors, to provide prior notice of the
work to be performed for such restoration will result in rejection
of the restoration.
5. The Grantee, and its successors, shall protect, indem-
nify and hold the Grantor, and its successors, harmless from and
against any and all claims, liabilities and expenses (including
without limitation, attorneys' fees and expenses) for per-
sonal injury or property damage (to the Grantor or its
successors or to any other person) arising from any acts or
occurrences or omissions on or in or from the right of way or
other lands and premises of the Grantor including, without
limitation, from (a) the installation, construction, operation,
repair, maintenance or replacement of the easement and sewer
line therein or (b) escape of sewage or contamination in land
or in water or air.
IN WITNESS WHEREOF, Digital Equipment Corporation has
caused this instrument to be executed by its duly authorized
agent this dea- day of j7_jr1,F , 1981.
IN PRESENCE OF:
BY
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF , SS.
A t "4 10 1*6 this 30'4--day of
appeared Rl"u, e �XN (- Kf (. I , duly
Equipment Corporation and he acknowl
signed and sealed to be his freq acq
and deed of Digital Equipment C�rpq(r
Before me
LISMAN a LISMAN
ATTORNEYS AT LAW
191 COLLEGE STREET
IPMEN-T CORPORATION
lyl'Authoriz)ed Agent
��n E_ , 1981, personally
authorized agent of Digital
e ed this instrument by him
e
a deed and the free act
at'on.
'4u b c 7r
A-
%O�
Not as2lvr
BURLINGTON, VT. 05401
ACCEPTANCE
The City of South Burlington hereby accepts the grant
of the above Right of Way Easement from Digital Equipment
Corporation, dated ;L� , 1981, according to the terms
and provisions thereof.
IN WITNESS WHEREOF, the City of South Burlington has
caused this instrument to be executed by its duly authorized
agent this '"Ic*-day of 13��_' , 1981.
IN PRESENCE OF:
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
CITY OF SOUTH BURLINGTON
BY '-M - -
-tized Agent
Duly XUM28- 4 ',
At Sc> th ' sc�A,�q d 0 f P6\3 V\3%k , 19 8 1
personally appeared u
W__ duly au orized agent
of the City of South Burlington and he acknowledged this instru-
ment by him signed and sealed to be his free act and deed and
the free act and deed of the City of South Burlington.
Before
M-Zw'-
f7-!
IM�
i��
C)SP
)FINDINGS'OF FACT
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of -Digital Equipment
- Corporation
On the -- - 2sth --- of Qecejpbpr 19_2� , the
South 8-u—rlin-gton Planning Commission approved or denied the
request of FrnP-ft_FPrQuqon, Digital agent
for ��Jtp Plan Approval - under Section 11.70
of the South Builington Zoning RegulaTi"ons based on the
following findings:
1. TRAFFIC ACCESS- adequate as shown,
2. CIRCULATION AND PARKING- adequate as shown,
3. LANDSCAPING & SCREENING - Any plantings in excess of the
value of $40,000 shall be applied to later phases of the
project.
3
South Burlington Planning Commissi—on
DEPOSITION]
I
EXHIBIT
IA12.) 19) 0
It is anticipated that following issuance of permits,
receipt of monies from the Vermont Industrial Development
Authority, and purchase of the properties (no later than
October 15, 1975), final design of the construction will
start. Final design will be completed during the winter in
order to let a contract in the Spring of 1976 for construction
to follow immediately, to be completed in 1976. Any industrial
projects who may wish to locate on the site will be allowed to
be under construction concurrently with site development, and
site construction schedules will be adjusted to ensure avail-
ability of services as their schedules require.
Class and Character:
GBIC's industrial development'effort has its main thrust
in assisting local industry to expand and attracting new in-
dustry which is compatible with our Vermont environment. Our
prospects are normally in the light manufacturing of items such
as plastics, skis, electronic equipment, consumer products,
sporting goods, electronic test and medical equipment, and
instrumentation. Not being served by rail, the site would
attract firms not having heavy raw material requirements or
heavy shipping requirements. Most firms considering locating
in Vermont are opening a new branch for expansion rather than
relocation, and normally would relocate only a few key employees,
(normally less than 10% of initial work force), thereby creating
new jobs for local people and not having a significant impact
on local services.
Because of a desire to present a formidable image and a
need to meet future environmental, OSHA, and other requirements,
most manufacturers are very concerned about plant layout and
appearance when building a new facility. GBIC, as well, re-
quires it. As evidence of this, GBIC projects in the area in-
clude Rossignol, JWI, Sperry Vickers, Haveg Supertemp, and IBM.
All GBIC projects are reviewed by the Sites Committee to ensure
that prior to their application to the community they meet that
community's requirements and the design is in keeping with other
noteworthy projects in the area. GBIC normally puts covenants
in the deeds to new industries to protect the area and existing
industries. Usually, -however, GBIC will not sell until a plan
is presented which meets their approval and has been approved
by the community as well. This eliminates the enforcement
problem and also makes the industry fully aware ahead of time
what it is expected to do. The industries appreciate this
method, as it assures them that the next one will be required
to do the same thing, and they will be protected.
Timing:
The construction timing is related abov ; however, unless
two or three manufacturers should take the e;tire area, it is
anticipated that it would take up to ten years before the site
was completely full. GBIC is pursVing a marketing program to
fill a majority of the sites within five years. This could
include eight manufacturers with an employment level of 1800
people. The number 1800 is chosen because of the design allo-
cation to the parcel by the City of South Burlington's engineers.
As the sewer�plant is upgraded, it is anticipated that Alloca-
tion would increase accordingly.
Summary,:
It is the desire of the Greater Burlington Industrial
Corporation to develop in the area's behalf an industrial
neighborhood that not only Chittenden County, but the entire
state can be proud of and use as an example of how industry to
provide jobs for Vermonters can exist and be compatible with
our desired environment.
M E M 0 R A N D U M
To: Planning Commission
From: William J. Szymanski, City Manager
Re: Site Plan Reviews
Date: December 23, 1976
Digital
The architects are working with the city on the services.
The entrance and circulation appears satisfactory.
R.D.R. Enterprises
The water main is along the west side of Shunpike Road.
The installation of the service should be coordinated with the
sewer construction.
Kennedy Drive Apartments
I would prefer a single entrance onto Kennedy Drive
opposite the Industrial Road. The road opening requires state and
federal approval. Provisions could be made to tie the entrance
to the land to the west for an alternate entrance.
Forest Park Apartments
1. A sidewalk should be constructed along Hinesburg Road.
2. There should be a grassed strip separating walkways from
parking areas to facilitate snow removal and for
pedestrian safety.
3. A sidewalk to the medical complex should be investigated.
4. Consideration should be given to relocating the entrance
southerly so that development of the large parcel across
the road would have its entrance opposite to this
development entrance.
Respectfully submitted,
William J. SVmanski, City Manager
I DEPOSIT:ION
IEXHIBIT
2.-(. _
IJ2.1 19/
Digital Site Plan
The Aite is predominantly h^yland; the only significant
vegetation is along the banks of Potash Brook, within the
C-0 district.
Landscaping might be enhanced by some shrubs around the
perimeter of the Phase I building, in lieu of some of the
proposed trees. Also, the planting of trees or bushe-t may
tend to break up the expAnse of the parking lots, Existing
contours and the propsed plantings will enhance the appearance
of the facility from the Interstate.
Although details are not shown for internal circulation
and parking layout, the size of the site and the nature of the
facility are such that administrative review. i.e., City
Engineer, may suffice.
Access is to be addressed by the City Engineer.
I recommend that subsequent construction phases be subject
to site plan review, with the understanding that any additional
plantings, or changes in access, circulation, or parking be
based on "on the line" experience under Phase I.
The Commission may benefit from an on site visit prior
to final action on this site plan.
DEPOSIT:ION
EXHINT
;L- H _ J
X/2J /I)
CITY OF
SOUTH BURLINGTON
VERMONT
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SURLINQ§3
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VA
PERSONNEL RULES & REGULATIONS
CLASSIFICATION PLAN (JOB DESCRIPTIONS)
PAY (MERIT) PLAN
WITH AMENDINIENTS TO & INCLUDING 7-1-71
DEPOSITDION
EXHIBIT
CITY ENGINEER
DEFINITION:
This is professional engineering work of highly responsible, technical, administrative and public
works planning knowledge, including the performance of research in future, technical public works
relative to orderly community growth.
This employee is primarily responsible for furnishing professional engineering services in
connection with the technical planning and execution of all phases of public works improvement
projects including public water systems.
Work is performed under the general administrative supervision of the City Manager.
Attendance at the regular meetings of the City Council and Water Commissioners is required.
This employee is expected to organize and direct his duties with independence and the highest pro-
fessional standards and perform other related work in accordance with established city policies.
EXAMPLES OF WORK PERFORMED:
Gives technical engineering advice and confers with the City Council, the Board of Water
Commissioners, City Officials, the City Manager, the Superintendent of Public Works, Department
Heads, Contractors, and other members of the public.
Reviews and approves plans and specifications for city construction contracts. Advises
professional, sub -professional, and other employees in the investigation, development, and design of a
variety of public works projects including public water systems relative to orderly community growth.
Represents the city in contacts with other governmental jurisdictions, contractors, and others on
engineering matters at the request of the City Council, Water Commission, and City
Manager. Prepares and supervises the maintenance of official city maps and plats; the establishment
of official property and street lines and other topographical information. Performs related work as
required.
REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES:
Thorough knowledge of the principles and practices of municipal engineering, particularly as they
relate to public works.
Thorough knowledge of construction and maintenance methods, materials, and equipment as
employed in city public works.
Knowledge of the laws and regulations governing the development and construction of public
improvement projects.
Ability to direct and supervise a varied civil engineering program.
Ability to provide effective leadership and to establish and maintain effective work relationships
with superiors, subordinates, other agency heads, and the public.
Ability to express facts and ideas clearly and concisely, orally and in writing.
Skills in technical engineering procedures.
'QUALIFICATIONS FOR IPLICATION:
Registration as a Professional Engineer is required and is equivalent to the following education
requirements:
Graduation from a four-ycar college or university with specialization in ci%-il or municipal
engineering.
The incumbent must be registered as a professional engineer and land survevor' in so ne state
and capable of becoming registered in the State of Vermont within six (6) months of appoinimcint.
EXPERIENCE:
Previous experience considered.
7.
PLANNING COMIMISSION DECEMBER 28, 1976
Mr. Hunt explained it could not be restricted but in general practice it
turns out that most residents are residents of the community. This is a
delicate area because of the fion-discriminatory provisions.
Mr. Pager asked if the rents were determined by an agreement between the
agency and the developer.
Mr. Hunt said if Is provided in the rental subsidy contract between the
Federal government and the developer. The developer is entitled to automatic
annual adjustments pegged to the consumer price index and in the event of
extraordinary increases in utilities and taxes unforeseen by the developer,
consideration will be given to that. This is a bit unlike the other projects.
Mr. Morency asked if it was expected that the residents would be Vermont
re8idents; could there be restrictions that way.
Mr. Hunt said it could not be written in that they had to be Vermont residents,
but actually most of them would be residents of South Burlington. The
developer is encouraged to stay within the community.
Site Plan,_PiEL1:tLE1uipment Corporation, South Burlington Industrial Park
Mr. Behney explained they had subdivision approval just a week before
Digital came in. GBIC still owns the land and Digital is satisfying itself
to 8 or 10 different items including Act 250, the construction of the road,
and the construction of the sewer. Sewer status is awaiting EPA approval
and it is hoped that will be awarded sometime in the near future.
Mr. Behney displayed a site plan on the board and said a project of this
size gives the City a return on its investment. He referred to the written
site plan presentation, copies of which were given to the Commission members.
He said if all requirements are satisfied within the next 30 days, Digital
will purchase the land and begin construction this spring of the first phase
of 260,000 square feet, with the next phase to be another 260.,000 square feet.
Mr. Behney introduced Mr. Ferguson as construction project manager io be
responsible for this project as well as the one in Salem, N.H. of over
720,000 feet. He referred also to Carl Lisman who represents Digital
locally in the legal aspect.
Mr. Behney emphasized that he himself did not work for Digital and did not
plan to, but GBIC does have a responsibility for these processes which have
to be done. He noted Digital was the largest in its field.
Mr. Pager asked about Shunpike Road traffic.
Mx. Behney said this had been discussed at great length and Digital is asking
that the City Council take whatever action is appropriate to discourage people
from using Shunpike Road. Closing it would be bad for fire protection; also
it would be an advantage to people living there to be able to use that new road.
Council is to be asked to study this and to discuss with the residents on the
street what is best.
Mr. Pager asked when Shunpike would go out to 2-A.
Mr. Behney explained Williston is studying this now and is applying for
funds. South Burlington has to cooperate with Williston and the bridge will
have to be replaced. Williston's land adjacent to the property is zoned
industrial. If Pyramid Mall should become a reality, Williston would want to
be sure there would be one signalized intersection.
Mr. Pager asked if Pyramid Mall traffic would be a major disturber to Digital.
Mr. Behney replied not really because this was to serve as an alternative
to Route 2. Traffic to and from Digital will be before the general hours of
travel, such as 7:30 to 4300 with everyone on the site by 7:30-
Mir. Ferguson said their hours could be adjusted if necessary.
DEPOSITION
EXHIBIT
2-41 19)
8.
PLANNING COMMISSION DECEMBER 2L._1976
Mr. Behney referred to the difference in the work force for Digital as com-
pared to that of IBM which is very technical and low on direct labor.
Digital will have a lot of -direct labor working at the facility vs. a small
amount of overhead personnel.
Mr. Poger commented this would not allow for much flexibility.
The Chairman asked about a traffic study.
Mr. Ferguson said their architects are starting to work on it now and it
will be reviewed by the Planning Commission.
Mr. Wessel said his main concern was over the location of the building so
close to the residential neighborhood. He felt there should be the greatest
separation possible between such a large building and the residential area.
Mr. Behney said the building would be 300 feet from Shunpike Road and the
buildings have been sited to take advantage of the best soil conditions on
the site. They vary that much and they are better in this particular area.
Mir. Poger asked how much of a screen there would be for people on Shunpike
Road.
Mr. Behney said people on Shunpike Road are probably 500 or 600 feet down.
The zoning is industrial on both sides; it is an industrial neighborhood.
The Chairman asked if the buildings would be one story and Mr. Behney replied
Yes.
Mr. Poger asked about a landscaping bond and if they would ask for a waiver
for the next phase.
Mr. Behney said everything done is being geared to the 520,000 square feet.
The water lines, sewer lines, power service, the access roads, and much of
the landscaping is being geared to the ultimate project. Much of the initial
landscaping will exceed the minimal amount; it is geared to the future
expansion,
Mr. Ferguson said their present plans are to do all of the landscaping,
tree planting and shrubbery to take care of the entire project, doing all
this at the initial phase of the project. He explained they have a president
who is a "bug" on trees, shrubs, grass, all those things.
1-11r. Behney explained the plan to have sleeves under the roads, with Mr.
Ferguson saying the fire hydrant shown would be from their own pond and not
from the town water.
Mr. Behney said Digital would make available figures of what they would
actually spend on the first phase which would far exceed the requirements
and is willing to bond for the $40,000. They are preDared to write a bond
right now.
Mr. Ferguson said that in their 'parking lots they normally plan on islands
that run a full length of the lot. When there is a storm it is important
that their people get here and find the parking lots cleared. The strip
would be 4 feet wide with trees, natural stone, or something to break up the
monotony of the parking lot. That is company policy. All the detail cannot
be shown on this small scale plan.
Mr. Behney showed several photographs to illustrate the plan and the plantings
and shrubbery.
Asked about a sidewalk on the island, Mr. Ferguson said they do hire quite a
few handicapped people and they couldn't get wheelchairs up and down, so they
put in heating coils In all of the roadways that lead from the entire parking
area reserved for the handicapDed so people can get through without any
obstacles. They try to keep this quite near the visitors' parking.
The Chairman commented that in commercial parking lots there is a problem with
cars conflicting with pedestrians.
Mr. Ferguson said they handle safety by their own security guard and that is
the way thpy prefer to handle it.
9.
PLANNING COMMISSION DECEMBER 28, 976
Mr. Behney explained the difference between a one -shift operation with no
traffic in between hours in the parking lots and the operation of a shopping
center with people constantly going back and forth in the parking lot.
YX. Behney said the two phases planned are just about half the size of IBM
and cover 6% of the entire site and is in contrast to mlClsprevious proposal
of 8 separate sites which could have gone the limit of the subdivision and
zoning regulations.
Mr. Behney then suggested the findings of fact could be made on the approval
of the finalized landscaping plan to be submitted. This would exceed what
has been suggested as well as answer the landscaping questions asked by both
Dick Ward and Steve Page.
The Chairman asked about lighting.
Mr. Ferguson said they would use a low-key type of light which does not throw
any glare up; it is a yellowish amber color; their people have done quite a
bit of study on it i�nd are starting to replace their present flood lights with
this new light. The lights would have a precast d6hcrete b§se ot about 3 feet
and uould be about 23 feet in the air.
Mr. Poger asked if there was any particular reason for this height because
the City has asked for lower lights.
Mr. Ferguson said 6 feet isn't going to give much spread in a parking lot.
Some lights are kept on at night only for security purposes, the lighting will
not be 100% all night long.
Mr. Wessel asked if this lighting had been approved by the Airport, and Mr.
Behney replied this site plan is outside the Airport flight pattern.
Mr. Ferguson said there will nothing on the roof more - than 4 feet above
the roof line. Asked if this was an assembly plant, he stated it was for
light manufacturing and assembly. He displayed a few of the articles to be
assembled at the plant.
Asked about solid waste, he said there would be none.
Yr. Behney said trash within the plant such as shipping cartons would be
compacted within the plant and hauled away weekly.
Mr. Poger asked about a traffic signal for closing down time as there would
be a great deal more traffic, and he would agree with Dick Ward that there
should be some kind of light there.
Mr. Behney said that would be the responsibility of the State.
Mr. Poger said he was not ready to make a motion yet for approval as he was
not sure about the islands and he would not feel comfortable making a motion
to approve a site plan before these things are discussed.
The Chairman said it could be stretched to be included under landscaping.
Mr. Poger said he did not want to stretch it.
1-11r. Levesque said he would rather proceed and Mr. Morency agreed that the
Commission ought to go ahead.
Mr. Levesque moved that the Planning Commission approve the site plan for
the Digital plant, with the Items in Mr. Ward's memo to be considered--, a
landscaping bond to be posted in the amount of $40,OOOjL and the final land-
scapLng__plan to be presented to the Planning Commission.
Seconded by Mr. Woolery.
Atty. Carl Lisman said all the things the Commission was talking about are
being planned for 520,000 square feet of buildings. To go forward and approve
Phase 1 is to effectively force Digital to come back and ask for Phase 2
approval before the first one is begun. fill plans discussed thus far are
contemplated for 520,000 square feet.
10.
PLANNING CommissioN
DECEMBER 28, 1976
Mr. Lisman said perhaps their terms of Phase 1 and Phase 2 were somewhat
misleading. This is an application for a building to be put up in two stages.
Mr. Morency asked about theprojected employment figure.
Mr. Behney said the Act 250 permit is limited to 2,000 people and the
planning for that acreage is based on that population, 2,000.
Mr. Ferguson said 520,000 square feet will cover 1,800 to 2,000 people.
Mr. Poger stated he had no objection to what had been presented here but he
would not vote until he had more information
The motion was passed by four affirmative vo;es; Mr. Poger abstaining.
Sketch Plan, 1 lot subdivision, RDR Enterprises, south_of 84 Shunpike Road
Mr. Robert Willis explained they have a 30 acre parcel on the west side of
Shunpike Road which is adjacent to the Digital property. According to the
zoning map, he said, the residential a ea extends from Williston Road
1100 feet up Shunpike Road which comesT their 30 acre industrially zoned
parcel. What they are planning to do is to take out one residential lot
which will then make it agree with the zoning, taking this out of the 30
acre parcel. The lot would be 1.88 acres. He said he believed the zoning
map also shows the residential on the east side of Shunpike Road going
right down to the end of Shunpike Road.
Mr. Page said it did, just about, and they were trying to make it correspond
to the zoning map. The intent had been to follow the lot lines of the
existing residences; the intent was to include the populated area, not the
vacant area. Saying there was a long history in this, he explained the
previous plan to move the Willis office building to this land. This was
objected to by the area residents, so this is an alternative plan to use
the land. This would be Mr. Harvey's buffer (adjoining property owner).
Mr. Poger said a lot large enough to accommodate a different kind of housing
in an area of single family dwellings didn't make sense.
Mr. Willis explained they would not be building on it but would sell the lot.
He would rather not. have a stipulation on it as to a single family dwelling
being required.
Mr. Poger felt one of the ways to protect existing neighborhoods is not to
change it by putting something different on a lot.
Mr. Schuele suggested this lot could be a transition from residential to
industrial, and Mr. Woolery felt it should be restricted to at least a
duplex, If not to a single family home.
Mr. Poger said he would like a stipulation for a one family house.
Mr. Willis explained he was not going for all he could get.
Mx. Woolery suggested getting the residents there for the public hearing;
if Mr. Willis wanted to put more than one family dwelling and the neighbors
don't care, it is alright with the Commission.
The Chairman asked about plans for the barn, and Mr. Willis replied his father
wants to preserve it the way it is now.
Mr. Poger said the Planning Commission would welcome any suggestions for the
use of that barn and could even waive other requirements if that was
necessary,
CITY OF SOUTH BURLINGTON, VERMONT
PLANNING COMMISSION CERTIFICATE OF APPLICATION READINESS
This is to certif y that CJ P- I, ---
has submitted a complete appUicati to -the South Burlington
Planning Commission on / 1 '7 61- for the
f-F-_
purpose of ( L
The Zoning Administrator finds that the applicant has
filed all applicable subm'issions and is in conformance with
the city's zoning regulations.
s/ - � X, 4elaa A, /4 - Z 7- 7 4
ning Administrator
ate
.<. .9 -W" _96.9.&M 0)
The applicant was granted a Zoning Board of Adjustment
variance on
CDSee attached memo
The Planning Assistant finds the application is in con-
formance with the master plan.
r_aisad--by---the__r_- L
V_Le�,�L� 0
s/
anning-Assista
J�Z]See attached memo
z-/0:-7
The Fire Chief certifies that this application does not
adversely affect the fire department's ability to protect life
and property in the city or at this site or create a need for
additional personnel, programs or equipment.
Fire Chief Date
CDSee attached memo
The School Directors certify that the proposed project
(to be specifically named) willAvill not place an unreasonable
burden on the ability of this municipality to provide educational
services. If a negative response is given, information will
be provided to explain the Boardts decision.
Chairman Date
[:]See attached memo
DEPOSIT':10N
EXHIBIT
646
PIANNING COMMISSION CERTIFICATE OF APPLICATION READINESS Page 2
The Police Chief certifies that this apylication does not
adversbly affect the Police Department's abi ity to protect
life and property in the city or at this site or createa
need for additional personnelt programs, or equipment.
s/
Police Chief Date
CDSee attached memo
The undersigned City Engineer certifies that this applica-
tion is in conformance with the city's transportation plan,
represents sound engineering practice and will not create an
unsafe traffic ond t'
S/
City-EngineeY Date
C:3See attached memo
The Planning Assistant certifies that this application
raises no legal questions that he can foresee, or if it does
that they have been answered by the City Attorney in the
attached o —
.pinion,
s/
Planning Adsistant
COSee attached memo
L7�
ite
4-
The City Engineer certifies that the application is in
conformance with city engineering standards and represents
sound engineering practice as shown.
s/
City Engineer Date
CDSee attached memo
This completed certificate shall be submitted to the
Planning commission Chairman 2-rior to the applicant's being
" r
placed on the agenda of a regu 15'ry scheduled meeting. This
certificate is required for site plan review, sketch plans,
preliminary plats, final plats and right-of-way approvals.
The Chairman shall determine with the advice of the Planning
Assistant if any of the above signatures are not necessary,
however, it is assumed that all apply.
The density and dimensional requirements as set forth in
Section 11.00 of these Regulations of the most similar
minimum lot size to the subject lot shall apply.
,1.45 No wall, fence, or shrubbery shall be erected, maintained,
or planted on any lot which obstructs or interferes with
traffic visibility, on a curve or any corner lot within
the triangular area formed by the lot lines along the
streets and a line connecting them at points 30 feet from
the intersection. No fence or sall-shall violate the
provisions of 24 VSA, Section 3817.
,1.70 Site Plan Approval
The approval of site plans by the South Burlington Planning
Commission shall be required for the approval of any use in
any District, other than one and two family dwellings on pre-
existing single lots. In reviewing site plans, the Planning
Commission may impose appropriate conditions and safeguards
with respect only to the adequacy of traffic access,
circulation and parking, and landscaping and screening.
The Planning Commission shall act to approve or disapprove
any such site plans within 60 days after the date upon
which it receives the proposed plan, and failure to so act
within such period shall be deemed approval. The Planning
Commission shall render its decision, which will include a
findings of fact and an order, and which shall be sent to
the applicant before the expiration of the aforementioned
60 day period. Copies of the decision shall also be filed
with the Administrative Officer and the City Clerk for
inclusion in the City records.
The
following data and other information shall be presented
with
an application for site plan approval:
1.
Map or survey of lot, showing all improvements to be
placed thereon, and showing in detail the proposed
traffic access, circulation, parking, landscaping
and screening.
2.
Detailed specifications of the materials and plantings
to be used.
3.
Period of time in which all site improvements will be
completed.
4.
Information and data that the Planning Commission
reasonably requires, including a cost estimate of all
improvements to the site exclusive of buildings and
other structures.
5.
Performance bond as specified in Sec. 11.701.
6.
Is in conformance with the duly adopted city plan and
by-laws (certification by the Zoning Administrator
required).
7.
Data and information required on application form for
the Planning Commission public hearing.
B.
Will not cause unreasonable highway congestion or
DEPOSITION
unsafe conditions with respect to use of the highways,
EMMIT
existing or proposed. Plan must be approved by City
llx/01�
Engineer.
I
, 'eA
9, Results of soil tests demonstrating all development
capabilities.
10. Developmental timetable.
11.701 Planting - Where site plan approval is required
planting shall be required to exceed in cost the
following schedule:
Total Development Cost
0 - $200 000
Next $206,000
Excess over $400,000
Minimum Planting Cost
(% of Total Development
Cost)
3% C4
27o
1%
The owner or developer shall provide a suitable
performance bond or other form of security to
guarantee the performance and completion of all
planting required by this section, which bond or
security shall also guarantee all plantings for a
period of five years, at a cost of 1% of total
building construction cost. In considering a
site plan application the Planning Commission may
make reasonable modifications to planting require-
ments in order to more fully implement the purpose
of this section.
11,702 Front Yards - In the case of public or commercial
uses not more than 50% of the area of the required
front yard shall be used for driveways and parking
and the balance shall be suitably landscaped and
maintained in good appearance. No portion of the
required front yard shall be used for storage or
for any other purpose except as provided in this
section. In addition, a continuous strip 15 feet
in width, traversed only by driveways, shall be
maintained between the street line and the balance
of the lot which strip shall be suitably landscaped
and maintained in good appearance.
11-703 Driveways - In the case of public or commercial
uses, driveways and their intersections with streets
or highways shall be located and designed as approved
by the Planning Commission. Unless otherwise
specifically approved by the Planning Commission
there shall not be more than one driveway for lots
with less than 200 feet of frontage and no more
than one additional driveway for each 200 feet of
frontage in excess of 200 feet, and driveways shall
be located not less than 150 feet from street
intersections and shall enter streets in such a
manner as to provide the maximum sight distance
possible. Driveways shall not exceed 40 feet nor
be less than 20 feet in width, measured at and
parallel to the street line, except that dual
driveways may be permitted as approved by the
Planning Commissiong consisting of two lanes
marked respectively for entrance and for exit,
each lane not more than 30 feet nor less than 21+
feet, Driveways shall be flared where they meet
the street pavement by curves having radii of not
less than )+ feet. The Planning Commission may
require the installation of acceleration and
deceleration lanes on the street or highway
adjacent to any driveway or frontage or service
roads, if it deems same necessary*
11-704 Buffer Strip - Where new public or commercial uses
are adjacent to or within 50 feet from the boundary
of a Residential Districtl the renred side or
rear yard shall be increased to 6 feet and a strip
not less than 15 feet shall be maintained as a
buffer and shall be suitably landscaped with dense
evergreen or other suitable planting as a screene
11-705 In all districts where public or commercial uses
are located adjacent to residential building, there
shall be plantings or attractive solid fencing to
screen all outdoor lighting and parking from the
view of the ground floor of adjacent residential
buildings. In all districts where permitted, auto
service stations shall be screened in the same
manner from all abutting properties,
11-75 Easements for Adjoining Property
After the adoption of these Regulations, no lot, or
several lots, having a total frontage of 600 feet or more
on an accepted street shall be subdivided or used so as to
bar access to what street from property to the rear of said
lot or lots, which access shall be a public easement not
less than 60 feet in width for highway and public utilities
for the benefit of the property to the rear of the lot or
lots.
11,80 Dwelling Unit Standards
Every dwelling unitq excluding single family and two family
dwellings, shall contain not less than 500 square feet of
usable floor area, every dwelling unit of a single or two
family dwelling shall contain not less than 850 square feet
of usable floor area exclusive of basements, unfinished
attics9 porches, garages, and other space not customarily
-13-
a) a copy of all proposed deeds, agreements,
or other documents which convey or relate to
the use of a privately owned street or
rigbt-of-way, and a certificate of the City
Attorney that these documents are satis-
factory.
b) a completed contract between the land-
owner and the City regarding the number of
lots or dwelling units to be served by the
proposed right-of-way or private street
and the responsibility for the roadway
ma ' intenance, along with a certificate of
the City Attorney that the contcact is
satisfactory.
204.2 Public HeaKing
A public bearing shall be held by the Commission
within 21 days after the time of submission to
the Administrative Officer of the final sub-
division plat for approval., Said bearing shall
be warned in accordance with the public-motice
provisions of the Vermont Planning and Develop-
ment Act. In addition, notice of such bearing
shall be forwarded to the Regional Planning
Commission and to the Clerkcf an adjacent
municipality in the case of a plat located with-
in 500 feet of a municipal boundary at least
15 days prior to the bearing.
204.3 Action
The Planning Commission shall, within 45 days
after the public bearing held under Section
204.2 of these Regulations, approve, modify
and approve, or disapprove such plat. Failure
so to act within such 45 days shall be deemed
approval.
ARTICLE III REQUIRED IKPROVEMENTS
301.1 Rec
1giged Improvement List
The following are requirement improvements:
Monu;ments, lot markers, streets, curbs, side-
walks, street signs, outdoor lighting, water
mains, sanitary sewers, storm drains, fire
hydrants, landscaping and other capital improve-
menta as required by the Commission.
bpo IT Ot
301.2 Installation -Design Standards EXHIBIT
All required improvements shall be designed
standares, development 1Z repirements specifica-
tions and Drocedures s-t ortb in ��ese regulations
and other applicable City regulations and standards.
Typical plans and sections are attached to these
regulations. Said installation and design standards
apply to both public and privately owned rec
.Mired
improvements.
301.3 Modification -of Design of Improvements
If at any time after approval before or during the
construction of the required improvements, it is
demonstrated that unforeseen conditions make it
necessary or preferable to modify the location or
design of structures, curb cuts, roads, or parking
lots, the Commission may, upon the advice of the City
rr.'ngineer, authorize minor modifications provided that
they are within the spirit and intent of the Com-
mission's approval and that they do not waive or
substantially alter the function of.any improvements
previousl3� required by the Planning Commission. The
modification of minor engineering or constructi6n
details or improvements may be authorized by the
City Engineer, provided they do not alter the location
or design of structures, curb cuts,roads, or parking 1
301.4 Inspection of I.-i1provemento
At least seven days prior to commencing construction
of any required improvement(s), the subdivider shall
advise the City Engineer, in writing, when the con-
struction of required improvement(s) shall begin, so
that be can inspect during theconstruction process, in
order to assure satisfactory completion of improvements
or stipulations required by the Commission.
The City Engineer may, at his
registered engineer other than
spections as needed during the
improvements and attest to the
of such work.
discretion, require a
himself to perform in -
installation of required
satisfactory completion
301.5 Proper Installation of Improvements
Prior to construction of required improvements, the
developer shall submit contract documents and working -
drawings, certified by a registered engineer, for the
required improvements to the City Engineer or bis
designee for approval: The City Engineer
or his designee shall give his approval or den.J.al with-
in a jaeriod of two weeks. If requested by the cleveloper,
the City shall make rwaxonaldq pekiddic inspections and,
as soon as possible, in writing, notify the developer
of any deficiencies found. Within 14 days of completion�
of the improvements, the developer shall submit to thr
City Engineer as built construction drawings, certifie7
by a registered engineer. The City Engineer shall than
inspect the required improvements within 45 days after
said submission and determine if all of the required
ADMINISTRATIVE CHECKLIST
PROJECT NPI-.IF-/FILE REFERENCE T:)%Co*
,ell I L11-
LETTER OF NOTIFICATION & APPR&AL MOTION OR FINDINGS & ORDER -LtV4,t�:E�- 'vX"'
2. BONDIVG OR ESCROW AGREEMENTS
0 LANDSCAPING %40,GC%0
S E`7 —ca
".-�--,T ER
DR4 D-L%GE
R OA-D S
CURBS
S 1DZ',,-ALKS
,,,--(NOTE ALL RELEASES OR AGREEMENT REVISIONS)
3. LIST APPROVALS GRANTED, WITH DATES. AND PERMIT
INSPECTIONS CO1'-1PLETF-D# ETC.:
4. UTILITY EASE24ENTS BILLS OF SALE
RECORDED
ACC --PT=
5. CERTIFICATE OF TITLE x
6. ROADWAYS
DEEDS FOR CITY STREETS ACCEPTED
PRIVATE ROAD & WAIVER AGREEMENT x
-GRANTM & SITE
7. FINAL PLAT OR RECORD COPY - STAMPED.* SIGNED, & FILED OR RECORDED
B. PEDESTRIAN F-kSEMENTS
ACCEPTED & RECORDED
FILED
9. MI-r-'CELI.-INE)OUS AGRE.'-IMENTS
LATID FOR ROAD WIDENING
OFFER OF IRREVOCABLE DEDICATION
FUTURE ACCESS POINTS
SHARED ACCESS POINTS
OTHER
10. COPY OF SURVEY TO ASSESSOR (IF CHPINGE IN PROPERTY LINES)
11. FEES - PAID/DATE
H:-:-�-RING
BUTT 117G PE"R,,4j-T
D ,
G I 171 D- 4'G Il 7 S P
(RE-C-0-RD Cz-LCUL.'-'%TIONS AND DEPOSIT 117 ACCOUN-T)
L2. up
T.
i.e., "ON L11'41-1-7"' -SCHOOL �--IDS CAR (--OU'.-.TS
-4
DEPOSITION]
T
EXHIBIT
I -z/v / 9
OF SOUTH BURLINGTO'
A)PLCICITAYTION FOR SITE PLAN R'EVIEW
--ro �
DATE 12-20-76
NAME OF
OWNER GBIC TEL. 862-5726
ADDRESS P.O. Box 786 Burlington, Vermont 05401
NAME OF
DEVELOPER Digital Equipment Corporation TEL.# 655-2134
ADDRESS Ethan Allen Industrial Park Colchester, Vermont
LOCATION OF PROPOSED SITE_ South Burlington Industrial Park
ADJOINING PROPERTY OWNERai- South Burlington
NAME ADDRESS
-Daniel & Leo O'Brien South Burlington, Vermont
-Russell Tilley South Burlington, Vermont
_RDR Enterprises South Burlington, Vermont
Statf of Vermont - Hizhwa Montpelier Vermont
M P yt.
SITE PROVEMENTS MUST -BE LED ON PLAN, BELOW UST ESTIMATED COST
OF:
STORM DRAINAGE WORK
ENTRANCE & EXIT IMPROVEMENTS
LANDSCAPING COST $ 40,000
UTILITIES (SEWER - WATER)
TOTAL COST OF SITE IMPROVEMENTS
ESTIMATED CONSTRUCTION COST $4.000,000
COMPLETION DATE OF SITE IMPROVEMENTS (Ist Phase)
December 15 1978
MONTH DAY YEAR
SOILS CONDITIONS MINIMUM DEPTH OF )+ FEET (ADDITIONAL INFORMATION MAY
BE REQUESTED BY IDMINISTRATIVE OFFICER)
NOTE: APPLICATION AND SITE PLAN MUST BE SUBMITTED TO ADMINIST ATTIM
OFFICER SEVEN (7) DAYS PRIOR TO MEETING DATE. -4 DEPOSITION
EXHIBIT
2- Iq —
11;L/Tj 1v___e_j46
SIGNATU
PROJECT
I
Application notes GBIC owner; Digital will become owner when all permits
are issued and other commitments are satisfied.
J,
NAME OF
OWNER GBIC
CITY OF SOUTH BURLINGTON
APPLICATION FOR SITE PLAN REVIEW
DATE 12-20-76
TEL.#__�62-5726
ADDRESS P.O. Box 786 Burlington, Vermont 05401
NAME OF
DEVELOPER— Digital_Equipment Corporation TEL. . 655-2134
ADDRESS Ethan Allen industrial Park Colchester2 Vermont
LOCATION OF PROPOSED SITE- South Burlington Industrial Park
ADJOINING PROPERTY OWNERa,- South Burlington
NAME ADDRESS
-Daniel & Leo O'Brien South Burlington, Vermont
-Russell Tilley_ South Burling -,ton, Vermont
_RDR Enterprises South Burlington, Vermont
Atate of Vermont - H' h a De Montpelier Vermont
SI E IMPROVEM.LNTL6 MUSMEw KETAYE-PID ON PLANI BELOW LIST ESTIMATED COST
OF:
STORM DRAINAGE WORK $
ENTRANCE & EXIT Il,.PROVEMENTS 61
LANDSCAPING COST 40,000
UTILITIES (SEWER - WATER)
TOTAL COST OF SITE IMPROVEMENTS $
ESTIMATED CONSTRUCTION COST $4,000,000
COMPLETION DATE OF SITE IMPROVE1-',ENTS (1st Phase)
December 15 1978
MONTH DAY YEAR
SOILS CONDITIONS, MINIIriUM DEPTh OF 4 FE:ET (ADDITIONAL INFORMATION MAY
BE EEQUESTED BY ADMINISTRATIVE OFFICER)
NOTE: APPLICATION AND SITE PLAN MUST BE SUBMITTED TO ADMINISTRATIVE
OFFICER SEVEN (7) DkYS PRIOR TO MEETING DATE.
S1GNATUR�-0_P\AFPLIC
PROJECT 9UMUR
Application notes GBIC owner; Digital will become owner when all permits
are issued and other commitments are satisfied.
A)ITY OF SOUTH BURLINGTO,
PLCICATION FOR SITE PLAN RE JEW
DATE 12-20-76
NAME OF
OWNER GBIC TEL. 862-5726
ADDRESS P.O. Box 786 Burlington� Vermont 05401
NAME OF
DEVELOPER— Digital Equipment Corporation TEL.#. 655-2134
ADDRESS Ethan Allen Industrial Park Colchester� Vermont
LOCATION OF PROPOSED SITE- South Burlington Industrial Park
ADJOINING PROPERTY OWNERS,- South Burlington
NAME ADDRESS
-Daniel & Leo O'Brien South Burlington,_Vermont-
Russell TilleV South Burlington, Vermont
_RDR Enterprises South Burlington, Vermont
-ate of Vermont - Higk�wa� Deyt. Montpelier Vermont
All BELOW LiST ESTIMATED COST
SI E I14PROVEIIENTS MUST BE h;TA LED ON PLAN,
OF:
STORM DRAINAGE WORK
ENTRANCE & EXIT I%"PROVEMENTS
LANDSCAPING COST 40,000
UTILITIES (SEVER - WATER)
TOTAL COST OF SITE IMPROVEMENTS $
ESTIMATED CONSTRUCTION COST $4,000,000
COMPLETION DATE OF SITE IMPFOVE1,'ENTS (Ist Phase)
December 15 1978
MONTH DAY YEAR
SOILS CONDITIONS, MINIMIUM DEPTh OF 4 FEET (ADDITIONAL INFORMATION MAY
BE REQUESTED BY ADMINISTRATIVE OFFICER)
NOTE: APPLICATION AND SITE PLAN IMUST FE SUBMITTED TO ADMINISTRATIVE
OFFICER SEVEN (7) DAYS PEIOR TO MEETING DATE.
SIGNATUR14-10F`\A51PLI
PROJECT AINAtER
Application notes GBIC owner; Digital will become owner —when all permits
are issued and other commitments are satisfied.
CITY OF SOUTH BURLINGTG.
APPLICATION FOR SITE PLAN REVIEW
DATE 12-20-76
NAME OF
OWNER GBIC TEL. 862-5726
ADDRESS P.O. Box 786 Burlington, Vermont 05401
NAME OF
DEVELOPER Digital Equipment Corporation TEL.# 655-2134
ADDRESS Ethan Allen Industrial Park Colchester, Vermont
LOCATION OF PROPOSED SITE- South Burlington Industrial Park
ADJOINING PROPERTY OWNER3,- South Burlington
NAME ADDRESS
-Daniel & Leo O'Brien South Burlington, Vermont
Russell Tilley_ South Burlinq:ton,--Vermont-
_RDR Enterprises South Burlington, Vermont
.,ktate of Vermont - H*ghwa Deyt. Montpelier Vermont
SI E IMPROVEMLNTS MUST E ETA LED ON PLAN, BELOW LIST ESTIMATED COST
OF:
STORM DRAINAGE WORK $
ENTRANCE & EXIT IYPROVEMENTS $
L�1%'DSCAPING COST S 40,000
UTILITIES (SEWER - WATER)
TOTAL COST OF SITE IMPROVEMENTS
ESTIMATED CONSTRUCTION COST $4,000,000
COMPLETION DATE OF SITE IMPROVElvENTS (lsL Phase)
December 15 1978
MONTH DAY YEAR
SOILS CONDITIONS MINIMIUM DEPTH OF 4 FEET (ADDITIONAL INFORMATION MAY
BE REQUESTED BY IDMINISTRATIVE OFFICER)
NOTE: APPLICATION AND SITE PLAN MUST BE SUBMITTED TO ADMINISTRATIVE
OFFICER SEVEN (7) DAYS PRIOR TO MEETING DATE.
SIGNATURE-07NAPPLIC
PROJECT flA=ER
Application notes GBIC owner; Digital will become owner when all permits
are issued and other commitments are satisfied.
MEMORANDUM
TO: SOUTH BURLINGTON PLANNING COMMISSTON
FROM: RICHARD WARD, ZONING ADMINISTRATOR
RE: DIGITAL EQUIPKENT CORP.
DATE: DECEMBER 27, 1976
Digital Eauipment Corp., Industrial Park
1) Area is zoned Industrial District, proposed use and
location of structures are in conformance.
2) Existing G.M.P. transmission line will be relocated.
Green Mountain Power has (as of this date) submitted
an application to the City and Public Service Board.
3) Conservation -Open Space District-s such as Interstate
89 set back and Muddy Brook have been maintained.
4) Landscaping as proposed is in conformance with require-
ments under phase I, additional ground cover around the
perimeter of the building should be included such as
juniper and different types of flowering bushes.
5) Landscaping within the parking area should be a
consideration of the Planning -Commission, islands a
minimum of 101 x 101 in size should be located within
the parking area, designed to allow for proper traffic
circulation.
6) Outside lighting should be of a non -glare type, type of
fixture should be a low profile - 1000 car parking area
is visible to Interstate.
7) Provisions for departing employees (after working hours)
should be made at the intersection of Kennedy Drive and
Industrial Park �ioad.
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MEMORANDUM
TO: SOUTH BURLINGTON PLANNING COMMISSION
FROM: RICHARD WARD9 ZONING ADMINISTRATOR
RE: DIGITAL EQUIPMENT CORP.
DATE: DECEMBER 27, 1976
Digital Eauipment Corp., Industrial Park
1) Area is zoned Industrial District, proposed use and
location of structures are in conformance.
2) Existing G.M.P. transmission line will be relocated.
Green Mountain Power has (as of this date) submitted
an application to the City and Public Service Eoard.
3) Conservation- Open Space Districts such as Interstate
89 set back and Muddy Ercok have been maintained.
4) Landscaping as- proposed is in conformance with require-
ments under phase I, additional ground cover around the
perimeter of the building should be included such as
juniper and different types of flowering bushes.
5) Landscaping within the parking area should be a
consideration of the Planning Commission, islands a
minimum of 101 x 101 in size should be located within
the parking area, designed to allow for proper traffic
circulation.
6) Outside lighting should be of a non -glare type, type of
fixture should be a low profile - 1000 car parking area
is visible to Interstate.
7) Provisions for departing employees (after working hours)
should be made at the intersection of Kennedy Drive and
Industrial Park �oad.
CONSENT AND WAIVER
NOW COMES Green Mountain Power Corporation, a Vermont
Corporation and public utility, and hereby consents to the
grant of a right-of-way easement for a sewer line by Digital
Equipment Corporation, a Massachusetts corporation having
a place of business in South Burlington, Vermont, to the
City of South Burlington, a Vermont municipal corporation
dated 5 1981, and recorded in Volume
Page - of the City of South Burlington Land Records,
to the installation, construction, operation, repair, maintenancE
and replacement of said sewer line through, over, under or
in lands which are subject to an easement to Green Mountain
Power Corporation as evidenced by an instrument recorded
in Volume 131, Page 444 of the Land Records of the City of
South Burlington, waiving forever any claim Green Mountain
Power Corporation, or its successors, may have against the
said Digital Equipment Corporation, on account of the grant
of said right-of-way easement or on account of any installa-
tion, construction, operation, repair, maintenance and replace-
ment of said sewer line or on account thereof, or on account
of connection to another sewer line previously granted by
an easement deed recorded in Volume 131, Page 134 of the
Land Records of the City of South Burlington.
This Consent and Waiver is limited in effect to the
Page 1 of 2
f )
169
area of intersecton of the two easements above described
as set forth on a Plan of Survey numbered SP22 dated March
15, 1981 prepared by Richard P. Trudell, registered profes-
sional engineer, and entitled "Force Main Profile, STA 43 + 00
to STA 53 + 95," said area of intersection being 100 feet
long and twenty feet in uniform width at the northerly most
end of said sewer easement as set forth on said Plan.
DATED:
IN THE PRESENCE OF:
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
GREEN MOUNTAIN POWER CORPORATION
By:
Duly Authorized Agent
On thi s day of 1981, before me
personally appeared who
acknowledged himself to be the
of Green Mountain Power Corporation, a corporation, and that
he as such being authorized so to do,
executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation by himself
as
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal.
otary Public
Page 2 of 2
F
115 Kimball Avenue
i South Burlincrton
1 d 1 i q 1 i t 1 a 1 1 1 Vermont 05452
Tel: 802-657-4240
August 23, 1985
Mr. William J. Szymanski
Town Manager
575 Dorset Street
So. Burlington, VT 05401
Dear Bill:
It has been my pleasure to have had the opportunity to live and
work in the Champlain Valley for the past nine years. In truth,
this is the only home my family has known in as much as our
daughters started school here, and prior to coming to this area
we had moved many times in my early career. Unfortunately, it
is time for us to move once more.
I recently accepted a position on the staff of DEC's Computer
Systems Manufacturing Group in Westford, Massachusetts which
will begin on September lst. In order for our daughters to
enter school on time, we will be moving the week of August 26th
and hopefully settled in our new home in the next several weeks.
I have always believed that change is positive and there are
many good things that will come out of this move for myself
and my family. The difficulty is that I have had to look much
harder this time to find those positive reasons for leaving
this area.
I want to introduce to you the new Plant Manager. Jon Wettstein,
who is now officially on board and will be locating in the area
in the near future. Jon brings an excellent background to this
assic
.fnment and has already begun to establish himself with the
very fine people of the South Burlington Plant. I have taken the
the liberty of giving Jon your name, as a person with whom he
should make contact and to continue the long standing relationship
of mutual trust and value that has been so important to DEC and to
the community at large. I am certain that he will be in touch
with you in the very near future.
Cont'd...
Page 2
Bill Mulcahy, DEC
August 23, 1985
In closing, I must thank you for your many years of support
for me personally, for Digital, and for the many wonderful
people who make up as fine an organization as I ever hope to
be involved with. While this area offers many of the wonderful
attributes I and my family now find so difficult to part with,
there is no attribute more valued than the wonderful people,
such as yourself, that we have come to know so well. Your
friendship is the one tangible piece of the Vermont experience
that I will carry with me always.
My best wishes for your continued health and happiness for many
years to come.
Very truly yours
SC4�� 1 11
Bill Mulcnahy a Family
WEM: I s
CERTIFICATE OF SERVICE
11�I hereby certify that I, Dana H. Farley, District
Coordinator for the Environmental Board, sent a copy of the
Iforegoing Notice of Application, Memorandum and Proposed
IlPermit regarding minor application #4CO190-2A
I by U�,S. Mail, postage paid, on this a'fXday of September,
1989 to the following:
'Digital Equipment Corporation
!attn: Robert Snyder
115 Kimball Avenue
iSouth Burlington, Vermont 05403
I�Digital Equipment Corporation
146 Main Street
Maynard, Massachusetts 01754
�'Margaret Picard, City Clerk
�575 Dorset Street
South Burlington, Vermont 05403
Chairman, Board of Selectman
c/o City Clerk's office
575 Dorset Street
South Burlington, Vermont 05403
Chairman, Town Planning commission
c/o City Clerk's office
575 Dorset Street
South Burlington, Vermont 05403
Chittenden County Regional
Planning Cormnission
PO Box 108
Essex Junction, VT 05453
Mark Sinclair, Esq.
Representative, State Agencies
Agency of Natural Resources
103 South Main St. - 2 Center
Waterbury, VT 05676
FOR YOUR INFORMATION
District #4 Environmental Commission
W. Gilbert Livingston
M. Lynn Whalen
Patricia Tivnan
111 West Street
Essex Junction, Vermont 05452
Page 2
Certificate of Service
#4CO190-2A
Environmental Advisor, William Hall
111 West Street
Essex Junction, VT 05452
IDon Hipes, District Conservationist
�12 Marketplace
Essex Junction, VT 05452
Tom Bushey, Chairman, N.R.C.D.
PO Box 1464
IShelburne, VT 05482
Thomas Myers, Dept. of Fish & Wildlife
Agency of Natural Resources
111 West Street
Essex Junction, VT 05452
ion Anderson, Dept. of Fish & Wildlife
Agency of Natural Resources
111 West Street
Essex Junction, VT 05452
I
IBurlington Free Press
Attn: Classified Ad Section
191 College Street
,Burlington, VT 05401
Stuart Slote, Energy Engineer
Department of Public Service
120 State Street
Montpelier, Vermont 05602
IRegional Engineer
Ernie Christiansen
111 West Street
jEssex Junction, VT 05452
IFOR YOUR INFORMATION:
IADJOINING LANDOWNERS:
�Robert V. Willis
i 135 ShunDike Road
jWillist6n, Vermont 05495
Page 3
Certificate of Service
#4CO190-2A
1FOR YOUR INFORMATION
JADJOINING LANDOWNERS:
'�Clifford W. Tilley
'lKennedy Drive
'ISouth Burlington, Vermont 05403
Daniel O'Brien
150 Old Farm Road
South Burlington, Vermont 05403
Leo O'Brien
200 Old Farm Road
South Burlington, Vermont 05403
Vermont Commercial Warehouse
75 Boyer Circle
Williston, Vermont 05495
I lWashburn Boat and Auto
i�69 Boyer Circle
�Williston, Vermont 05495
lAdams Properties
455 Essex Road
!Essex Junction, Vermont 05452
Dated at Essex Junction, Vermont, this 12th day of September
1989.
BY
Dana H. Farley
District CoordinatorTS)W-
114CO1902a.CS/br
1p % 6- nz�
State of )ermont
AGENCY OF EINVIRONINIENTAI, CONSERVATION
Montpelier, Vermont 05602
DIVISION Of' PROTECT110N
Department of Fish and Game
Department of Forests, Parks, and Recreation
Depd,tment of V.jter Resources
Environmental Board
Division of Environmental Engineering
Division of Environmental Protection
Natural Resources Conservation Council
Susan Cain, District Coordinator
District #4 Environmental Commission
111 West Street
Essex junction, Vermont 05452
Dear Susan:
November 22, 1978
Re: Digital Equipment Corp.
Application No. 4CO190
The Agency has recently become aware of the installation anct
operation of exterior lighting at the Digital Equipment plant.
It was our understanding that exterior lighting had first to be
approved by the District Environmental Commission before its operation,
in accordance with the terms of land use permit #4CO190. i am not
aware, however, of any approval having been issued by the District
Commission for the exterior lights at the plant.
The Agency would request you, accordingly, to review the status
of this matter with the District Environmental Commission. If additional
testimony or information is required, the Agency would be pleased to
participate.
Yours very truly,
11 k -,?
Stephlen B. Sea'se,--Administrator
Land Use and Development
SBS:psp
CC: All parties
LISMAN & LISMAN
ATTORNEYS AT LAW
191 COLLEGE STREET
BURLINGTON. VERMONT 05402
BERNARD LISMAN
ROBERT E. MANCHESTER
CARL H. LISMAN
ALLEN D. WEBSTER
Mr. William Syzmanski
City Manager
City of South Burlington
575 Dorset Street
South Burlington, VT 05401
Dear Bill:
August 11, 1981
Digital Easement
C;
LOUIS LISMAN
COUNSEL
602-564-5756
As you may recall, Digital Equipment Corporation was
requested by GBIC to grant a sewer easement to the City
for the benefit of the Mitel project. Upon instruction
from Digital, we undertook to prepare an easement deed,
relying on input from Dick Trudell and the City Attorney.
On the representation that the document would be
formally accepted, Digital assented to the commencement
of construction. Construction is now substantially com-
plete, and the document has not been executed by the City.
Digital desires to be, and believes that it always
has been, a good neighbor. Nonetheless, unless the easement
deed is formally accepted immediately and returned to me
forerecording,iDigital will have 1le choice but to re-
move the recently constructed li reby denying Mitel
access to the City's sewerage s em.
Vey tru �4y�?urs,
t
Carl If. Li
CHL/ddp
cc Mr. Richard Trudell
Richard Spokes, Esq.
Joan Corrieri, Esq.
Thomas Bailey, Esq.
CITY OF SOUTH BURLINGTON, VERMONT
PLANNING COMMISSION CERTIFICATE OF APPLICATION READINESS
This is to certify that C�P-,ic_
has submitted a complete applicatio to -the South Burlington
Planning Commission on 1 z 7Cv , for the
purpose of �!�U •
The Zoning Administrator finds
filed all applicable submissions and
the city's zoning regulations.
s/
Zoning
"p, 4CI-C.
strator
that the applicant has
is in conformance with
IA- Z 7 - J G z4aa_ .9r040 .)
ate
The applicant was granted a Zoning Board of Adjustment
variance on •
CDSee attached memo
The Planning Assistant finds the application is in con-
formance with the master plan.
s/
__ theeuiesss .
nning-Assista
Q See attached memo
'7
The Fire Chief certifies that this application does not
adversely affect the fire department's ability to protect life
and property in the city or at this site or create a need for
additional personnel, programs or equipment.
Fire Chief Date
G7 See attached memo
The School Directors certify that the proposed project
(to be specifically named) will/will not place an unreasonable
burden on the ability of this municipality to provide educational
services. If a negative response is given, information will
be provided to explain the Board's decision.
Chairman Date
[DSee attached memo
DEPOSITION
EXHIBIT
�- E
RICHARD A. SPOKES
JAMES D. FOLEY
JOSEPH F. OBUCHOWSKI
STEVEN F. STITZEL
I
SPOKES, FOLEY & OBUCHOWSKI
ATTORNEYS AT LAW
184 SOUTH WINOOSKI AVENUE
P. O BOX 980
BURLINGTON, VERMONT 05402
August 4, 1981
William Szymanski
City Manager
575 Dorset Street
South Burlington, Vermont 05401
Re: Digital Easement for Mitel
Dear Bill:
I
(802) 862-64S1
(802) 863-28S7
ISAAC N. P. STOKES
COUNSEL
Enclosed please find the proposed Digital Easement in duplicate.
I frankly remain uncomfortable with the deed and don't under-
stand why it is so stringent. Digital's local attorney has not
responded to my enquiries, but I have been communicating with
Dick Trudell.
It would appear that the emergency repair language inserted in
paragraph 2 has not been approved by Digital, and ordinarily
such language would at least be initialed by the grantor. I also
am disturbed that the signature of one of the witnesses appears
to be Digital's local attorney, but the deed was signed in
Massachusetts. Ordinarily, these items are of no consequence,
but Digital has been very difficult to deal with on this matter.
With Digital being overly cautious, I tend to feel the City
should also be overly cautious. In any event, I understand
from Mr. Trudell that Digital is unwilling to discuss the situ-
ation further. I doubt if the City wishes to jeopardize the Mitel
project, and thus I am sending the easements to you for presenta-
tion to the Council. If the Council desires to accept the ease-
ments, they should authorize you by resolution to sign the deeds
for the City. One fully executed deed should be recorded in the
Land Records and the other should be returned to me for trans-
mittal to Digital. Please note that the Property Transfer Return
should also be signed by you and delivered to the City Clerk at
the time of recording.
Very y urs,
Richard A. Spokes
RAS:mi1
Enclosures
cc: David Spitz
Richard Trudell
26, IJ'17
T.11c.
-.)6 PiraL
-'or�.
AZoration
Lela/ in far2isid1.--f you tha infornation
Ieaar,I tie clvazilal-dl-itv ,)f ',-atccr
i;istricL n,ain. fro.,, Lie C;' maZ-)iain -,Iater
is a coy', of a letter from -,'r, aial.a of
ct Stati6s sae ad9§aacv of t',e
wiii 2e ma«o by
tI'W Llt.'Z !Tater is a tapping
f&L Of
YOU teed fUrt;-ter infori,.atior) to
call.
Very trAl,..,, -you=, ,
William J. Lzpaansj'A
City -%lanager
wJSlh
Jullciosure. 1
CHAMPLAIN
WATER
DISTRICT
403 QUEEN CITY PARK ROAD
SO. BURLINGTON, VERMONT05401
William Szymanski, Manager
City of South Burlington
1175 Williston Road
South Burlington, Vermont 05401
Re: Connection to Champlain Water District
Transmission Pain to Service Digital
Corporation Facilities off Shunpike
Road, South Burlington
Dear Bill,
March 25, 1977
The Champlain Water District is pleased to grant the City of South
Burlington permission to connect onto the referenced water transmission
main to serve industrial facilities in the Shunpike Road area. The 24"
diameter ductile iron pipe is presently operating at well below nominal
capacity, and certainly will provide adequate supply and pressure for the
Digital Corporation facilities.
The standard application for connection to our main will be required
from South Burlington Water Department, and our approval granted prior to
tapping the main.
If we can be of further help in this regard, please contact us.
Very truly yours,
CHAMPLAIN WATER DISTRICT
Edward Blake
General Manager
EB/sc
t7
C"Iiittenden C01,111ty R(;'giolli,tl flmk-k�:,
U a K. 10i ller
,�nawa Pubiic Service Board
05602
ten, NIr
Re: Dockk-,1
Petitioii of Gx',
Corporation 2 Q V
Sectioa 248
In rcoaipt of Paul D. Saechey, Esquire's 1},n T-
�:;aj,)Uoncd mattcr., We 1,.ave re'vi,--wed L If I J,
�1�7j tj 'I'll
_C NIc,"ntain Pmwr Corporation
3 ran.,,nnisslon 11tio in. South "urlir an,,!
a f_unn,,�--tlon with t1io consLuction c�: a Aa ., i A t
tas'Llmoiiy iffy
f Dernard F. L--, r'u,t, -;o-
ZI, well as ioiav ant Lchlbits 1 , 2 and 3.
.,.sic, �nr wi th the p eti ti oaer I s reqU C-) ,, t in *LJ'IIL 3 MFJ ti- 3;` 0,-: C' L
issuance of a Cerdficate of Public Good.
itar this letter as pall uf your pruc(--%din -,s
011 x-je will be happy to
.,CC,,D3',Iary or dosiro.'
�"Iot courtesics.
sincercly,
FXECU,,'V DT
paul shechey, Ralph Whitney, Pa,,.ii
t4410:iDijrg Hunfinghun Jerkho milloo &161,1,1
Januar•Y 10,, 1977
iionoraiAe Ricj-,aru i.. Sauduk
urriov t Puk>lic service .)oard
ylear , r.airr:ai: : audak .
-0: tition of Green Mountain
k'o.aur Corporation under
248
-Ito z.va __: .0 irlijigtoij k-it; ..cur}cil it � � �;µ«uar, 17, 1977
Mete-].. r%vi,_wed %3iG 1"':1�Ji:c:tioFi of tlic vr::L:n oujitclZis y'011.e
CorporatiovIl S t.rfl.nsinission 3-incS alit, :;.ill-` 6tatioi: acrois tall:
property o-E t)w propos L. :i<;isiil "»1�1%:Gi'.: C�3r�U��;L:7T1 �:1rZIst
i
iIt anL iiaVE: IsG tO tiiiS r rL1Jt: SC(:
'iii + OUnCil c£)i' cui: a with th ;� t3 . vliE �' ' S r':'Cltl�'st aT1C1
recoiivaends your issuance of a Certificate of Public Good.
sf appearance and testii-,ur.y a.t -aea.ring is desirable
we will do so.
Ki S/h
Your cooperation in { 1iiz; =hatter x ill :�e apprLciatt--d.
Very truly yours,
Uilliam J. Szymanski
City 111anager -
cc: nessrs. Paul Sheeliey, Ralph Whitney, Harry Behney
{.�1: `..• Ll, la7b
�Zi4:il. l.�vl.drtul =]CCt .+al"aiel
r r
U-��
alt:l,`, tc. uwc�tL ?215
c;iL'c'
:,c'ilt! L.11ifsCjtt?it, Vt.
cl is o-a .
'J.""C: `.^iZ-uL].... i)ress r... in t'k.c r. ,: 1i:c'.
tiiat .ill �:� -��.L� ,=act to .sYrvu ti—e nt.!-,v-;i.'ta'- plant
is 'ne connect -ion s.iail :_)e do El00xv lillea
tappii"i,j sIceve or equivalent. '�,c v?ill require iiieteri.nq
on L:.e servica line out not onthe fir_ _ �,rvice .
If you have any questions ,:L a�� feci -c�o call.
:eery truly hours,
idilia._: , .-zy:,ansI-_.JL
-:ity ..aiiaer
is/11
ACT 250 NOTICE
MINOR AMENDMENT APPLICATION AND HEARING
10 VSA, §6083-6088
Amendment Application #4CO190-3 was filed by Digital Equipment Corporation
of 115 Kimball Avenue, South Burlington, Vermont, on March 22, 1983, for the
construction of a failure analysis laboratory within the existing building
and the installation of a jogging trail on the site of the previously approved
industrial facility on 175 acres located off of Kimball Avenue in South
Burlington, Vermont.
This application qualifies for minor application procedures under Rule 51
of the Rules of the Environmental Board, effective March 11, 1982. A proposed
permit has been prepared and is available at the Commission office. Notices
or inquiries should be directed to the Coordinator at 111 West Street, Essex
Junction, Vermont.
This project will be evaluated in accordance with the 10 environmental
criteria of 10 VSA, §6086(a). Statutory parties to this application are the
municipality, the municipal planning commission, the Chittenden County Regional
Planning Commission, and affected State agencies. Adjoining property owners
may participate to the extent the proposal will have a direct effect on their
property under the 10 criteria. Other persons may participate at the discretion
of the District Commission. If you wish to participate, please contact the
Coordinator for further information before the first hearing or date as
specified below.
Any party can request that the District Commission hold a public hearing
on this proposal by notifying this office, 111 West Street, Essex Junction,
Vermont, not later than Wednesday, April 27,1983.If no request for a hearing
is filed, the District Commission may dispose of the case by stipulation, agreed
settlement, consent order or default.
BY�ffl4lW-5;;;
Katherine M. Powers, District Coordinator
111 West Street, Essex Junction, VT 05452
e 879-6563 3/22/83
- Tp�'.
AN7r `G'
STATE OF VERMONT
ENVIRONMENTAL BOARD
DISTRICT ENVIRONMENTAL COMMISSION* 4
111 West Street
Essex Junction, Vermont 05452
Phone: 879-6563
April 18, 1983
Richard C. Pahl
Digital Equipment Corporation
115 Kimball Avenue
South Burlington, Vermont 05401
Dear Mr. Pahl: Re: Amendment Application #4CO190-3
Digital
South Burlington
I have reviewed the amendment application, which you have submitted
on behalf of Digital Equipment Corporation for the failure analysis
laboratory and the jogging trail.
As you are relying upon the Certification of Compliance to be issued
for interior plumbing by the Agency of Environmental Conservation to meet
your burden of proof under subcriterion l(B), the District Commission will
withhold issuance of its decision on this application until this
Certification is received.
Please feel free to call with any questions you may have.
Sincerely,
Katherine M. Powers
District #4 Coordinator
KMP:ee
Enclosures
May 4, 1977
DISCHARGE PERMIT LEGAL NOTICE
LEGAL NOTICE
Notice is hereby given in accordance with the provisions
of 10 V.S.A., Section 1263 that the State of Vermont, Agency
of Environmental Conservation, Department of Water Resources
proposes to issue a Discharge Permit to the person listed
below for the discharge of wastes to the waters of the State.
The proposed Discharge Permit will be issued for the period
of time necessary to provide adequate pollution abatement
facilities and will terminate on the date when the above
facilities are placed in operation or upon the expiration
date of the permit, whichever comes first.
Receiving Expiration
Name Volume Nature Location Stream Date
Digital Unspecified Roof drains So. Burlington Muddy Brook 6-1-82
Equipment & parking trib. of
Corp. lot drainage Winooski River
Digital Unspecified Storm drainage So. Burlington Potash Brook 6-1-82
Equipment roof drains trib. of Lake
Corp. Champlain
Written notice of objection may be filed with the Department
of Water Resources, Montpelier, Vermont 05602 within thirty
(30) days of the date of this letter. All objections filed
within the thirty (30) day period will be considered by the
Department.
Martin L. Johnson, Secretary
Agency of Environmental Conservation
> >,er the prow{ sloe off' 1 ter 5, r'J.4JC'^or �e-r 1C, of the Ve? aont
tlons, as arer.
-4
- .Drt Ccporation
7;s,7ulra
_V V
Green ;`loantain Power Corporation
1 in :tree
ZT 05401
::cau 7�arlln/,;tor., Vermont .
.. __�. Po:,er Cor,,)oratlor. ict cc.:..l tl o ?Oy' x 200' .
_ cf pe, ,nit is hereby t rizela' tea, -C'. ur'on
GL . o_
�
c_
,e pul chasers" 1 rlalver ' �ieveic �., .n :.� PJFhts s t ea on
that: "In
- r vo"CC'aJ�y .1r �_: �. J _ _ ? e:21t l r�et�L?i^
S`.'Jr Vis1m of-'anr-SinCluc'
r J A,
^n + shall Yln r ,.." l^ ; '1: I 1^uC L'a'e C . 1 __1'_. --
e � . �.n ee s. all
n
cellO P r� ;_ ..' '�^C - -=, o U: ?fU.� OCC'i�0...A
-� l !- .�.-•m�^^ ' r� r.• .�.�nd U'�• MIS
w� l recuirc� ;..e ._. _ _yc. ... _
,e + i • ' �r ;., :G' �'� f . ` cow.y�! y , v� -th saki Mate
-
,'e�;ald ,ions.
;e-oarcel being' cons-,.derec', for di_n
�l.opr ent at f t'.,_,.,_chaser ,
SO:":'' U. ��_ LU'lderstanC'.S �-`:at
,lor;r,j
St!be sUrmitted for 'C' __'`5'_ __._.. --,-ich :Information �.oes
t =r ur ,e.- _ ; • Of 5-906 , reri,!_ scior
;o build. on the lot 1^ i_- be <'_ •
rcif above must be conta rc�.
y_,e c cation in co~
,n any sale or ie-_se
o
nistratcr
_. `1', lira won PlarunLn-1 Cc "' �SS�G ; b i t
C(
Carter, �Gra:�rr.
�FP _
NOTICE OF APPLICATION AND HEARING
ACT 250 MINOR APPLICATION #4CO190-2A
10 V.S.A., CHAPTER 151
Notice is hereby given that on August 29, 1989, an ap-
plication was filed by Digital Equipment Corporation, 115
! Kimball Avenue, South Burlington, Vermont 05403, to
! add six rooftop air handling units to the existing twelve
units on the roof of the Digital Equipment Corporation
Buldi ng, and to add two new cooling towers within an
existing enclosure adjacent to the building, located off of
Shunpike Road in South Burlington, Vermont.
The District Environmental Commission will treat this
application under Environmental Board Rule 51 -- Minor Ap-
plications (amended effective 9/l/84). 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 prepared unless 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 Wednesday,
October 4, 1989, 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 Wednesday, October 11, 1989.
i;
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).
I
Dated in Essex Junction, Vermont, this 12th day of September
1989.
i
By��
Dana H. Farley
District Coordinator
111 West Street
Essex Junction, VT 05452
879-6563
4CO1902A.NOT/br
i
F
❑ 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
MEMORANDUM
STATE OF VERMONT
Environmental Board
District Environmental Commission
TO: All Parties
FROM: Dana H. Farley
District Coordinator
DATE: September 12, 1989
RE: Land Use Permit Amendment Application
#4CO190-2A
Digital Equipment Corporation
115 Kimball Avenue
South Burlington, Vermont 05403
❑ District #5
324 North Main Street
Barre, VT 05641
(802) 479-3621
❑ District #7
180 Portland Street
St. Johnsbury, VT 05819
(802) 748-8787
❑ Environmental Board Office
c/o State Office Building
Montpelier, VT 05602
(802) 828-3309
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 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 Wednesday, October 4, 1989.
If you have any questions regarding this proposed permit or the
"Minor" application procedure being used to process this application
do not hesitate to contact me at the District Office.
4CO190-2A.MEM/br
State of Vermont
LAND USE PERMIT
THIS IS A PROPOSED PERMIT: PLEASE SUBMIT YOUR COMMENTS BY
October 4, 1989. V)RO90SED
AMENDMENT
CASE NO.: #4CO190-2A LAWS/REGULATIONS INVOLVED
APPLICANT:Digital Equipment 10 V.S.A., Chapter 151
Corporation (Act 250)
ADDRESS: 115 Kimball Avenue
South Burlington, Vermont 05403
District Environmental Commission #4 hereby issues Land Use
Permit Amendment #4CO190-2A, pursuant to the authority vested in
it by 10 V.S.A., Chapter 151. This permit amendment applies to
the lands identified in Book 105, Page 61, of the land records of
the City of South Burlington, Vermont, as the subject of a deed
to Digital Equipment Corporation, the " Permittee" as "Grantee".
This permit specifically authorizes the Permittee to add six
rooftop air handling units to the existing twelve units on the
roof of the Digital Equipment Corporation, and to add two new
cooling towers within an existing enclosure adjacent to the
building, located off of Shunpike Road in South Burlington,
Vermont.
The Permittee, 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 #4CO190 and amendments
are in full force and effect except as amended herein.
2. The project shall be completed, operated and maintained as
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.
."1
Page 2
LAnd Use Permit Amendment
#4CO190-2A
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 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 Vermont
environmental and health statutes and regulations and
with this permit.
5. By acceptance of the conditions of this permit without
appeal, the Permittee 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 Permittee and all assigns and successors in interest.
6. In order to minimize the visual impact from the surrounding
areas, the six additional rooftop air handling units shall
be painted the same color as the existing rooftop units.
7. The air conditioning system associated with the new rooftop
units shall use the energy efficient variable air volume
technology and all other energy conserving features outlined
in Exhibit #3. This includes centrifugal chillers for the
refrigeration system and variable speed drives on the
blowing motors associated with the cooling towers.
8. All construction on this project must be completed by
October 15, 1990.
9. This permit shall expire on October 15, 2019 unless
extended by the District Commission. Notwithstanding the
latter date, this permit shall expire one year from date of
issuance if the Permittee has not demonstrated an intention
to proceed with the project. In any event, substantial
construction must occur within two years of the issuance
date.
32. Failure to comply with all of the above conditions may be
grounds for permit revocation pursuant to 10 V.S.A., Section
6090(b).
''1
"N
Page 3
Land Use Permit Amendment
#4CO190-2A
Dated at Essex Junction, Vermont, this
1989.
Dana H. Farley
District Coordinator
4CO1902A.LUP/br
day of October,
By
W. Gilbert Livingston, Chairman
District #4 Commission
Commissioners participating
this decision:
M. Lynn Whalen
Patricia Tivnan
,",1
State of Vermont
Department of Fish and Game
Department of Forest, Parks, and Recreation
Department of Water Resources
Environmental Board
Division of Environmental Engineering
Division of Environmental Protection
Natural Resources Conservation Council
AGENCY OF ENVIRONMENTAL CONSERVATION
May 4, 1977
Mrs. Helen D. Paquin
City Clerk
City of South Burlington
City Hall
South Burlington, Vermont 05401
Dear Mrs. Paquin:
Montpelier, Vermont 05602
Department of Water Resources
Enclosed are two copies of a public notice regarding the
issuance of a Discharge Permit
to Digital Equipment Corp. One of these notices
is information for the local officials. Would you please
post the other notice in a public place for disseminating
this information to the local inhabitants. We are also
sending copies of this notice to other local officials and
interested persons who have asked to be included on our
mailing list. We will be glad to send you additional copies
if you desire or add names of interested persons to our
mailing list.
Sincerely yours,
Martin L. nson, S, etary
Agency of�Zironmenfll Conservation
MLJ:jnc
Encl: