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HomeMy WebLinkAboutBATCH - Supplemental - 0000 Country Club DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 21, 2006 David W. Burke O'Leary -Burke Civil Associates, PLC 1 Corporate Drive, Ste #1 Essex Junction, VT 05452 Re: White Rock Estates - Landscaping Escrow Dear Mr. Burke: This is in response to your letter of November 20, 2006 requesting the release of the $3200 Letter of Credit (LOC) for landscaping behind lots #14 & 15. Your request is hereby denied. Condition #7 of the September 16, 2003 DRB decision required that the landscaping bond be in place for four (4) years. The LOC is dated September 2, 2004 which would mean it must be in place until September 2, 2008. The current LOC will expire on 8/27/07. Please remember to extend it one (1) additional year before it expires in 2007. If you have any questions, please feel free to contact me. Since y ay o J. Bel Air Administrative Officer NOV-20-2806 13:26 From:+OLEARYSURKE 8028789989 To:8028464101 P.1i1 O'Leary -Burke Civil Associates, PLC IVII FN INEERIM_j! FFt;IA ATO Y ANu EMI RVIT PREPARAI R )N I LANJ .'-AJ aVLYING I (Y N7RLIf_ I IUN �LRVIC_E I I ANC i i',t 'LAW11M November 20, 2006 Mr, Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street So_ Burlington, VT 05403 RE: White Rock Estates - Landscaping Escrow Dear Ray: We are writing on behalf of Tom Sheppard & Paul Carrier to request release of the $3,100 Escrow Account for the backyard plantings on Got 13, 14 & 15. The plantings were performed over two years ago and remain healthy. Tf you have any questions, call. 5incerely, David W, Burke ce. Ray BeLair (via fax e 846-4101) Tom Sheppard (via fax @ 872-5318) 1 CORF ORATE DRIVL Y)I I F #1 CSSLY JUNCTION VFRMON I {]?45? obc,dC Cd1yE,�UIk,E Cc?Ctl PLANNING COMMISSION 12 JANUARY 1988 PAGE 2 subdivision. 2. Sketch plan application of•John Belter, Jr':.� for a 36-lot residential subdivision on land located east'and north of Mountain View Boulevard and Country Club Drive East. During this discussion, Mr. Belter stepped down from the Commission. Mr. Llewellyn explained the land is zoned R-4. The development would be served by one entrance at Country Club Drive with a new cul de sac. Each lot would be at least 9200 sq. ft. Roads would be 30 feet within a 60-foot right-of- way. There would be public water and a gravity sewer system with a pumping station to connect with the proposed sewer system on Ethan Allen Drive. The low-lying land would be filled to bring the lots above the flood plain. Mrs. Lafleur noted the City Engineer has asked that the whole area be raised above the 500 year flood plain. Mr. Belter has asked to raise it only to the 100 year floodsplain, a difference of 9 feet. Mrs. Maher asked if any of the homes shown are in the CO zone. Mrs. Lafelur said the next step would show the center of the river, so the CO Zone could be judged. Backyards could be in the CO Zone but no buildings. There is a question regarding the deeds on 2 properties on either side of the cul-de-sac. Because of this, Mr. Belter plans to create a new cul de sac. In,answer to neighbors' questions, Mrs. Lafleur explained that R-4 land can be used for private homes, multi -family homes, day care facilities, nursing homes, agriculture. There could be a maximum of 50 condos on the property. Traffic would come in from Country Club Drive and exit the same way. Neighbors felt that additional traffic would overload the street. The said since there are no sidewalks, children play in the street, and this would be dangerous. Mrs. Maher asked about the requirement that a 50-home de- velopment have more than 1 access. Mrs. Lafelur said they could consider the existing homes for this count or could have an emergency only access that is chained. Residents questioned the sewer that has been promised to them for years. Mr. Jacob said he felt it would be closer with this new development, but he would check with the City Manager. I, PLANNING COMMIssloN 12 JANUARY 1988 PAGE 3 Mr. Jacob noted he had gotten a call from the Airport and that a letter is on its way regarding noise standards as they pertain to this development. Mr. Brennan noted it will be another year before the noise study is completed. Residents questioned whether this was a new subdivision or a buildout of the original one. Mrs. Lafleur said the Commission is considering it as a new one, but if the land was included in the covenants, it would fall under the old subdivision. Mr. Tabor questioned whether the road couldn't go behind Mr. Belter's house. Mr. Belter said that isn't feasible. Andy Hong asked why the Haul Rd. isn't feasible. Mr. Belter said that a 1/2 mile of winding around is not economically sound. He said access during construction would go through the development. They would not be trucking fill into the area. Ms. Weed said she lives above Haul Rd. and trucks go back and forth over it just fine. She raised the question of why Mr. Belter removed all the earth in the first place so that now it has be brought back. Mr. Belter skid he used Hall Rd. only to get from one end of the farm to the other. A resident asked whether 2 accesses might be required to the project. Mrs. Maher said it is possible, and she would like to know what the Fire Chief has to say. Another resident asked whether all fill will be generated on the site. Mr. Belter said he anticipated that it will. Mr. Belter said he is proposing $130,000-$150,000 homes, single family, no duplexes and no condos. He felt it would incKease property values for existing homes. Mrs. Lafleur explained the procedure from this point. She anticipated that with Planning Commission and Act 250 hearings, nothing would start, if approved, for at least 8 months. Mrs. Graves asked about the pumping station. Mr. Belter said it would be located in the flood plain. His plan is to size the pumping station and forcemain so it could eventually serve Country Club Estates when the City has the money to do the sewer work. Residents asked what happens if existing covenants are binding on this land. Mrs. Lafleur said they should check with their attorneys. She said she would check with the City Attorney to see if this is part of the original subdivision and will also check Minutes of the old approvals. PLANNING COMMISSION 12 JANUARY 1988 PAGE 4 Mrs. Maher asked if this meets all subdivision requirements. Mrs. Lafleur said aside from the fact of not having the flood ,tl plain and CO Zone indicated, it does. There is also the question of whether existing homes will be counted to bring the total above 50 homes. Mrs. Lafleur noted that the developer will have the option of providing open space or $200 per unit contribution. A poll of members showed all members would like a traffic study of the intersections. Mr. Burgess preferred open space left, but not a park. He and Mrs. Maher were happy with the cul de sac arrangements, if the Fire Chief said OK. Mrs. Maher and Ms. Pugh also wanted open space. M_rs. Hurd and Mr. H Jacob preferred the cash contribution. Mrs. ura wanted to know the whole cul de sac story as did Ms. Pugh. Mr. Belter still felt he did not want the land brought up to the 500 yr. flood plain. Mrs. Lafleur said the development is surrounded on 3 sides by the Winooski River. There are problems with ice jams. Mr. Szymanski's feeling was that it could be dangerous. Neighbors asked that the traffic study include Country Club Drive and National Guard Rd. where traffic is very bad. They also felt the Commission should look at bringing Hall Rd. into the neighborhood. 3. Consider re -approval of Commerce Square Project due to administrative filing error, southwest corner of Hinesburg Road and Williston Road. Mr. Belter resumed his seat on the Commission. Mrs. Lafleur explained that the applicant submitted their material during the summer, and it was the City's error that is was not duly recorded. Mrs. Hurd moved that the Planning Commission reapprove the final plat application of Antonio Pomerleau and Vermont Federal Bank for a planned commercial develo mp ent on 9.1 acres as approved 12y the Planning Commission on April 2_, 1987 and February 101 1987 due to an administrative filing error. All conditions of those two approvals shall remain in effect. Mr. Burgess seconded the motion which passed unanimousl cH N p C � C n ARTICLE III CONSERVATION AND OPEN SPACE DISTRICT (CO) 3.00 Purpose A Conservation and Open Space District (CO) is hereby formed in order to maintain and improve the quality of natural resources such as soil, air, and water and the natural processes by which they are related, and to insure a safe, healthful, and aesthetically -pleasing community. Any uses not expressly permitted are prohibited, except those which are allowed as conditional uses. 3.10 Boundaries of Conservation and Open Space District The boundaries of the CO District shall include: 3.101 All land within 150 feet horizontal distance of the Interstate 89 and Interstate 189 rights -of -way and within 50 feet horizontal distance of the interstate ramps rights -of -way, both existing and planned, as depicted on Exhibit 3A. 3.102 All land within 150 feet horizontal distance along Lake Champlain as measured from the high water level elevation of 102.5 feet above mean sea level datum. 3.103 �411 land along a major st eam which is within 100 feet horizontal distance of the centerline of �' Mudd�lBrook or Potash Brook, or within 100 feet horizontal distance of the edge of channel of the Winooski River. 3.104 All land along a minor stream or drainage way which is within 50 feet horizontal distance of the centerline of the minor stream or drainage way. 3.105 Several parcels of land identified as "natural areas" in the 1991 Comprehensive Plan: East Woods, Centennial Pine Woods, and Spear Street Sand Dune Field. 3.106 All wetland areas, whether identified on a map entitled "Wetlands Map" or identified through site inspection, and including a buffer area 50 feet in width surrounding any such wetland. If a site -specific evaluation determines that areas identified as wetlands on the Wetlands Map are not in fact wetlands as defined in these regulations, the Development Review Board may at its discretion exempt these areas from the provisions of the CO District. If no site specific information delineating wetlands is presented, all wetland areas identified on the Wetlands Map shall be deemed to be part of the CO District. In the event such information is submitted, the DRB may request the Natural Resources Committee conduct a site inspection and provide comments and recommendations. 3.20 Permitted Uses The following uses are permitted in the Conservation and Open Space District. 3.201 Agriculture, horticulture, and forestry including the keeping of cattle, horses, or other domestic farm animals, provided that any building or structure appurtenant to such uses is located outside the CO District. 3.202 Public Recreation Paths ill It that river risesristo hhesoccasion) f r ww ffl a challeng own [ a state of having risen l 'ems s 1' an acr of rising ; :the distance or elevation tvY1'o aNsi another 4 : an increase especially volume, or price 5 a: an upward umhcr �a �'" htKhcr than surrounding ground 6 : an ., I`f 4,11 K tcI,on (got a rise out of you) ax , R I : one that rises (as from sleep) 2 jI member between two stair treads d�,or�i^t W , .I,i1 at-e\ n, pl -ties I : the ability or �a to laugh _often used in pl. 2: LwuGHTER, I : able or inclined to laugh ��,r , bal' adj Late Latin risibilis, tip tnUughter : FUNNY [ t 1 . past participle of ridere "to laugh"] i> Loon r1jus tatul4A0LE 0010-u n I : possibility of loss or injury: PERm 2 t�or f * stuns of loss ersoneor thing thatis a hazardto «, 0. b : a pc IWWW,a Boor risk) [French risque, from Italian CC OA.NGFR r l t„ rxposc to hazard or danger (risked my a) take the risk or danger of (risked breaking t; _ risk-er n ,,� ke \ adj risk•I•er, -est :involving risk or dan- :ta,.XE ot,s — risk-l-ness n •0 t, k.i \ adj : bordering on improprietyor inde- *,ft,r , t,rr.t OLOR [French, from risquer "to risk", "risque "risk" [ ew.do.do \ n ,tar-'ddn-do, ,re-\ adv or adj : with a awtrul slac•kcnmg in tempo — used as a direction in e,tr.,c lltallan, literally. "retarding"] — ritardando n M :t \ it I a: a prescribed form for a ceremony b: ,ptr r 1 2: a ceremonial act or action 3 : a division I dY t hristian church using a distinctive liturgy [Lat- •.arrl M *.&I \'rich a-wal.'rich-al\ adj I : of or relating to an a a ritual (a ritual dance) 2: according to reli- #.w Lae• or social custom (ritual purity) — rit•u•al•ly t wit' W" n I : an established form for a ceremony 2 a: vial observance: esp : a system of rites b : Rm 2 e : a i ILIra,l and customarily repeated act or series of acts 4 ral•bm \-,tz am\ n I : the use of ritual 2: exces- ..r dootion to ritual — rit•u•al•ist Vast\ n — rit•u- tl it•tk \.,rich a-w-ai-'is-tik, ,rich -al-\ adj — rit-u•al•is- sul•h \ u ka-le. -kle\ adv 'Q1 a se\ adj ritz-1-er; -est : showily elegant: POSH W., hotels, noted for their opulence] w.a1 'ri val \ n 1 a: one of two or more trying to -r h of obtain something that only one can possess r Ric a ho tries to excel 2: one that equals another :.Yvred qualities: PEER [Latin rivalis "one using the -x stream as another, rival in love", from rivalis "of ""Im ", from rives "stream"] ❑ oRiGEV Rival is de- `cd from faun riralis, which as an adjective means of a hnxlk or stream", from rivus, "brook or +'"am ' ,1s a noun rivalis (in its plural forms) refers 'ml It to those who use the same stream as a source r cater Just as neighbors are likely to dispute each '!;r s rights to a common source of water, so too etenoon is inevitable when two or more persons "'sc to obtain something that only one can possess. .on rit'alts developed a sense relating to rivalry in sc and in this sense it came into English. 'gal odj : having the same pretensions or claims 'milt t -valed or-valled;-val•Ing or-val•ling \'riv-ling, e I : to be in competition with 2: to try to ''gal or excel 3 - EQUAL 2, MATCH �`31'rY 'rival -re\ n, pl -ries : the as of rivaling: the being a rival: comi mmoN ' vb rived \'rivd\; riven \'riv-an\ also rived; "'Mg 'ri-ving\ I a: to tear apart: REND b: to split with force or violence 2 a: to divide into pieces or factions (the church was riven with discord) b : muc- TuRE (a country riven by earthquakes) [Old Norse rtfa ] river \'riv-ar\ n I - a natural stream of water larger than a brook or creek 2: a large stream or flow (a river of oil) [Old French rivere, derived from Latin riparius "of a bank or shore", from ripa "bank, shore"] riverbank \'riv-ar-,bangk\ n : the bank of a river riverbed \-,bed\ n : the channel occupied or formerly occupied by a river riverboat \-,b6t\ n : a boat for use on a river river horse n : KIPPOPOTAMUs river•ine \'riv-a-,rin, -,ren\adj I : relating to, formed by, or resembling a river 2: living or situated on the banks of a river riverside \'riv-ar-,sid\ n : the side or bank of a river trivet \'riv-at\ n : a single -headed pin or bolt of metal used for uniting two or more pieces by passing the shank through a hole in each piece and then beating or pressing down the plain end so as to make a second head [Middle French, from river "to attach, clinch"] trivet vt I : to fasten with or as if with rivets 2 : to beat or press the end or point of (as a metallic pin, rod, or bolt) so as to form a head 3: to attract and hold (as the attention) completely — rivet-er n ri•vi•era \,riv-e-'er-a, ri-'vyer-a\ n, often cap : a coastal region frequented as a resort area and usually marked by a mild climate [Riviera, region in France and Italy] rivulet \'rlv-ya-lat,'riv-a-lat\ n :a small stream [Italian rivoletto, from rivolo "brook", from Latin rivulus "small stream", from rivus "brook, stream"] irl•yal \re-'ol, -'yol, -'Al, -'yal\ also ri-al \-'ol, -'al\ n 1 : the basic monetary unit of Saudi Arabia 2: a coin or note representing one riyal [Arabic riyal, from Spanish real "real"] 2riyal variant of RIAL RNA \,ar-,en-'a\ n : any of various nucleic acids that contain ribose and uracil as structural components and are associated with the control of cellular chemical activities — compare DIVA, MESSENGER RNA, RmOSOMAL RNA, TRANSFER RNA [ribonucleic acid] 'roach \'roch\ n, pl roach also roaches : a silver -white greenish -backed European freshwater fish related to the carp; also : any of several similar or related fishes [Middle French rocbe] 2roaeh vt : to brush (the hair) into an arched roll — often used with up [origin unknown] 2roach n : cocxRowcH road \'rod\ n 1 : a place less enclosed than a harbor where ships may ride at anchor — often used in pl. 2 a: an open way for vehicles, persons, and animals; esp : one lying outside an urban district b : RoADRED 2 3: RoUTE 2, PATH 4 : RAawAY 5 : a series of visits to several places or the travel necessary to get there (the team is on the road) (on tour with the musical's road company) [Old English rad "ride, journey"] road•abll-i-ty \,rod-a-'bil-at-e\ n : the qualities (as steadiness and balance) desirable in an automobile on the road roadbed \'rod -,bed\ n 1 : the foundation of a road or railroad 2: the part of the surface of a road traveled by vehicles roadblock \-,blak\ n I a: a barricade at a point on a road that can be covered by fire from a defending army b: a road barricade set up by law -enforcement officers 2: an obstruction in a road 3: something that hinders progress road hog n : a motorist who obstructs others especially by occupying part of another's traffic lane road -house \'r6d-,hatis\ n : a nightclub usually outside a city road metal n : broken stone or cinders used in making and repairing roads or ballasting railroads road-run-ner \'r6cl-,ran-ar\ n : a swift -running long- tailed cuckoo of the southwestern United States rise — roadrunner 881 riser 2 trivet 40, roadrunner \a \ abut \ar\ further \a\ mat \a\ take \a \ cot, cart \a6 \ out \ch\ chin \e \ pet \e \ easy \g\ go \i \ tip \L\ life \j\ job \ng\ sing \S\ bone \6\ saw \6i\ coin \th\ thin \th \ this \u\ food \ti \ foot \y\ yet \yti \ few \yiA cure \zh\ vision \.shin-da-'har\ n :a branched often ornate fIX1Cute usually suspended from a ceiling &M Latin candelabrum "candlestick"] \'eh�•dlar\ n 1 : a maker or seller of can- = t a dealer in supplies or equipment especially spa (Middle French chandelier, from Old French !•candle,,, from Latin candela] — ehan- A"\-dla-re\ n 4"W \0eh9n1\ vb I : to make or become different: mom 2 a't to give a different position, course, or �on to b, RRvatrsE (change one's vote) 3 : to re- rwall another : swr'rcu 4 : to put fresh clothes -or O0i* on (change a bed) 5 : to shift one's means of �on t TRArtsnm 6 : to undergo transforma- dopr traoidon, or substitution 7 : to give up one tbi" jjjjomething else in return : EXCHANGE (change plaonJ [Old French cbangier, from Latin cambiare .yp �tdtango of Celtic origin] — chang-er n ❑ sYN ALM NODW t, VARY: CHANGE implies making either an !ogoial difference amounting to loss of original iden- yjof i'ptbadtudon of one thing for another; ALTER h*kaa dlfference in some respect without loss of idiodr�'yoDrY suggests a difference that limits, re- aulelk or adapts to a new purpose; VARY stresses a bfc& tig away from exact repetition. — change MRb i to pans from the possession of one person to dial of another kh&*'al-1 r the act, process, or result of changing: as a r AL=R&Twn (a cbange in routine) b : TRANsFoRMA- T1*a ci hii of seasons) c : sunsrrr unoN (a change of)aW' i i a fresh -set of clothes 3 a : money in small dpgminRdons received in exchange for an equivalent Iutd to hW'denominations b : money returned wbee A'ptyment exceeds the amount due c: cones (a potlteft of cbange) ab4 \'ch3n•la-bal \ adf 1 : capable of or given Ao i � � i iiiLi� (changeably weather) 2 : appear- Mi dlffaetit (as in color) from different points of vkw- dMge•abll-1•ty\,chin-ja-bil-at-is\n — dtattp•aile•tttxs n — changeably \'chin-ja-ble\ adv h1dVch3n14al\ adj : full of or given to change dtatt�i:Wl•Iy\-fa•1�\ adv — change-ful-ness n dt WIM \'ch3nj-Las\ adj : marked by the absence of CIO* t otiwsrixr — change•less-ly adv — change- Mtw•tnil a' v c[tiii]-ling\ n : a child secretly exchanged b►Aft0d t ht infancy , dwe M Mie i MNOPAUSE; also : a corresponding peri- ca tltlglll9 n i the art or practice of ringing a set of lolled bells in continually varying order �✓'�'MI \'chan•1\ n I a: the bed of a stream: the deem put of a river, harbor, or strait c : a strait or ?!clew Rea between two close landmasses (the English 2 a: a means aiding communication or ex- (wade channels) b : a way or course of *MU& or action (new channels of exploration) 3 : a 1004 16tt�T• Steve, or furrow 4 : a range of frequen- ck* aft0cknt width for a single radio or television °„40"*sion (Old French thane!, from Latin canalis Plpt, dtatrnel, canal"] vt 4eekd or-nelled;-nel•Ing or-nel•ling I a: to r wear a channel in b: GROOVE (channel a e�ah 6. o ly1 2 t to direct into or through a channel b* \'than•!-Jz\ ut : c-.at— chan•nel•iza- �\ nia-.Z3•shan\ n \°'s8"\ n, p! Chan -sons \ 'son, •'sonz\ : i i Preach song [French] c a NNG; esp : to sing a chant 2: to �notonous repetitive tone [Middle French {� ��anlatin cantare, from canere "to sing"] ' 't a melody in which several words or sylla- od one tone 2: a rhythmic monotonous ehan•te•relle \,shant-a-'re1, ,shdnt -\ n : an edible mush- room of rich yellow color and pleasant aroma [French] chanteuse \shah-'ttiz, -'tarz, shan-'tiiz\ n : a woman concert or nightclub singer [French, from chanter "to sing"] chanter or chanty \'shant-E, 'chant- \ n, pl chanteys or chanties : a song sung by sailors in rhythm with their work [French chanter "to sing, chant"] chan•ti•cleer \,chant-a-'khar, ,chant-\ n : !corn 1 [Old French Cbantecler, rooster in the beast epic Reynard the Fox] eha•os \'ka-,as\ n : a state of utter confusion (the city- wide blackout caused chaos) [Latin, from Greek] sYN see ANARCHY — eha•ot•ie \ka-'at-ik\ adj — eha•ot•l- cal.Iy \-i-ka-le, -kle\ adv 'chap \'chap\ n : FEuow 4a [short for chapman] 2chap vb chapped; chapping : to open in slits: CRACK (chapped lips) [Middle English cbappen] 3ehap n : a crack in or a sore roughening of the skin from exposure 4ehap \'chap,'chap\ n : JAW: the fleshy covering of a jaw; also : the forepart of the face — usually used in pl. [Zcbap] ehap•ar•ral \,shap-a-'ral, -'rel \ n : a thicket of dwarf ev- ergreen oaks; also : a dense impenetrable thicket [Spanish, from cbaparro "dwarf evergreen oak", from Basque txapar] chapbook \'chap-,b6k\ n : a small book containing ballads, tales, or tracts [chap man + book] chapeau \sha-'pd\ n, pl cha-peaus \-'poz\ or cha- peaux \-'po, -'pbz\ : HAT [Middle French, derived from Medieval Latin cappellus "head covering", from Late Latin cappa] chapel \'chap -al \ n 1 : a place of worship in a resi- dence or institution 2: a building or a room or recess for prayer or special religious services 3 : a service of worship in a school or college 4 : a place of worship used by British Nonconformists [Old French cbapele, from Medieval Latin cappella, from late Latin cappa "cloak"; from the preservation of the cloak of Saint Martin of Tours in a chapel built for that purpose] 'chap•er•on orchap•er-one \'chap-a-,ron\ n : a person who accompanies and is responsible for (as at a dance) a young woman or a group of young people [French chaperon, literally, "hood", derived from Late Latin cappa "head covering, cloak"] =chaperon or chaperone vb : to act as a chaperon: Es- coRT— chap•er•on•age \-,ro-nij\ n chap -fall -en \'chap-,fo- Ian, 'chap-\ orchop•fall•en \'chap- \ ad/ : cast down in spirits: DEPREssED chap lain \'chap -Ian\ n 1 : a member of the clergy ap- pointed to serve a dignitary, institution, or military force 2: a person chosen to conduct religious exer- cises for an organization [Old French cbapelain "cler- gyman in charge of a chapel", from Medieval Latin cappellanus, from cappella "chapel"] — chaplain-cy \-se\ n — chap -lain -ship \-,ship\ n chaplet \'chap-lat\ n I : a wreath worn on the head 2 a : a string of beads b : a part of a rosary comprising five decades [Middle French chapelet, derived from Late Latin cappa "head covering, cloak"] chap -man \'chap -man \ n, British : a traveling mer- chant [Old English ceapman, from reap "trade" + man] chaps \'shaps,'chaps\ n pl : leather leggings resem- bling trousers without a seat that are worn especially by western ranch hands [Mexican Spanish chaparreras] chapter \'chap -tar\ n I : a main division of a book or of a law code 2: a local branch of a society or fraterni• ry [Old French cbapitre, from late Latin capitulum, from Latin Caput "head"] 'char \'char \ n, pl char or chars: any of a genus of small -scaled trouts including the common brook trout [origin unknown] chandet. char 16 + r r f chaps \a\ abut \ng\ sing \ar\ further \6\ bone \a\ mat \6\ saw \a\ take \oi\ coin \a \ cot, can \th \ thin \au\ out \th\ this \ch \ chin \u \ food \e \ pet \6 \ foot \e \ easy \y \ yet \g \ go \yu \ few \i \ tip \yii\ cure V\ life \zh\ vision \j \ job MEMORANDUM TO: South Burli o� ' elopment Review Board FROM: Ray Bela ,Administrative Officer RE: August 20, 2002 agenda items DATE: August 14, 2002 <3PTHER BUSINESS: a) Discussion with White Rock Estates Enclosed for your review are letters from the Guy Babb, Esq. and David Burke concerning the maintenance of the rear yards located in the C. O. District. White Rock Development, LLC, (hereinafter "White Rock") purchased an undeveloped 36 lot subdivision approved by the Planning Commission in the late 80's. White Rock then applied and obtained approval on 4/3/01 from the Development Review Board to reduce the number of lots to 30. During that review process, staff discovered that the plans showed encroachment in the way of filling in the Conservation and Open Space District (C.O. District). Since the amount of disturbance was less than that shown on the previously approved plan, staff did not have a problem with the encroachment. It is White Rock's position that by approving the encroachment of fill in the C.O. District, the Board also allowed the mowing of the grass in the C.O. District on a perpetual basis. Staff disagrees with this position. Approval of the fill encroachment and approval to mow grass are two entirely different things. The zoning regulations do not allow the Board to approve encroachment into this particular C.O. District because it is along a major stream. The reason staff did not have a problem with the encroachment for the 30 lot subdivision was because it was less than that approved for the 36 lot subdivision. Section 3.404 of the zoning regulations prohibits the "cutting or removal of trees and other natural vegetation unless necessitated by a permitted or conditional use". The cutting of grass at issue in the C.O. District would be for single family dwellings. Since single family dwellings are neither permitted nor conditional uses in the C.O. District, the Board has no authority to allow the cutting of the grass. In the enclosed letter from attorney Guy Babb, he indicates his opinion that the Development Review Board has given "an implicit conditional use of the portion of the lots in the Conservation/Buffer Zone for a backyard as a Recreational use under 3.301 of the Zoning Regulations." There is no such thing as an "implicit conditional use." No conditional use permit application was submitted and no conditional use permit was granted. 3) TIM MCLAUGHLIN, APPEAL OF A DECISION OF THE ADMINISTRATIVE OFFICER 430 SHELBURNE ROAD December 23, 2004 City of South Burlingt( Attn: Ray Belair 575 Dorset Street South Burlington, VT 01 /U 71) 6-0 st1)r— I,V)MJf leJ AE a�gr�Oj I -, Y(mA lwwy-ll� &M Re: Irrevocable Standby Letter of Credit 41008706 White Rocks Development, LLC 94 Harvest Lane Williston, VT 05495 Dear Beneficiary: We hereby establish our Irrevocable Standby Letter of Credit #1008706 in favor of the City of South Burlington for the account of White Rocks Development, LLC up to an aggregate amount of $22,000.00 available by your draft or drafts on us at sight accompanied by: 1.) the original Letter of Credit and all amendments, if any, 2.) a written statement signed by an authorized officer of the City of South Burlington that these funds are due you under the terms of your agreement with White Rocks Development, LLC, accompanied by 3.) a current secretary certificate or resolution from the City of South Burlington that the officer is authorized to sign on behalf of the City of South Burlington. If your demand represents a partial drawing hereunder, we will endorse the original credit and return same to you for possible future claims. If, however, your demand represents a full drawing, or if such drawing is presented on the day of the relevant expiration date hereof, we will hold the original for our files and remove same from circulation. Two Burlington Square PO Box 820 Burlington, Vermont 05402 802-658-4000 www chittenden.com All drafts must be marked under Letter of Credit #1008706. We engage with you that all drafts drawn under and in compliance with the terms and conditions of this credit will be duly honored on delivery of documents as specified if presented at this office on or before 06/22/07. Except so far as otherwise expressly stated, this credit is subject to the "International Standby Practices ISP 98 (1998 Revision), International Chamber of Commerce Publication #590" Very truly yours, Debra E. Cross Vice President Two Burlington Square P.O. Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com DEC-29-2004 04:54 PM O'LEARY-BURKE CIVIL 802 R78 9989 P.03 0 ,..12—Oi7 aft 1.9 ;9h APO �C, )JOTOPA HOME •J` '� ��'' � MOM City of So. B FAX NO, : 1 BW 646 4106 Dee. 28 2004 11;46AM P1 d�L�TBn s v= e 2 QN TSI6 AQUICKExT, executed, in triplicate between o! y her ni tar re erne to as "TV9V��R' i of '• herei after re erred to ao n , and r , hereinafter referred to as N I T r 2 9 5 2 T H1 W"Rg&g, Developer has received final subdivision approval from the X"jCIpnjTY' 6 plannisi Commission for the development of a subdivision consisting of lots wi rela roveauentr, In a development to be known as h% ' . as depicted oi, In mote nee w he spec ca ons as orytA v shsetS �L ,r at on the final plat plain entitled " r ",,date _ Pre :r - f as redo " -) a n saes o t City of south surlington: 10HZRZAG, DEVELOM is required by said approval, at its own expense, to complete the construetion of the development site in accordance with the plan appxoved by the planning COMI'asionf and NHEMSe the parties to this Agreement wish to establish a mechanism to secure the obligations of the DZVUAPDR for the work as set forth above l and W=REA9, the BAM exeoutes thin Agreement polely in the capacity of issuer or a Letter of credit hereinafter speciliedl NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEvELopER will, at its own expense, oomplets the following oonstraction as depicted and in accordance with the epeoificatians Got forth in said final plat and related documents, 2. The Developer stall cosiplete the Amprovements set forth in Paragraph 1 no later than _��d .2.// PoftwFtx N 7671 GN pn�� 'ti snm n D6pt Phony i --- Phone 0 ---' rY r oil", FP -ON : City of So. B ) FAe; NO. : 1 802 846 4106 Dec. 28 2004 11:49RM P2 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within one year after completion of the improvements set forth in Paragraph 1. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER's performance of all requirements hereunder set forth, DEVELOPER has caused the BANK to issue its Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY's copy of this Agreement, and a copy of which is attached to the DEVELOPER's copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. S. Said Irrevocable Letter of Credit provides that the drafts drawn under said credit, must be accompanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, that in the judgement of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified in Paragraph 1. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY, the payment limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. if DEVELOPER shall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit. 6. he Q ELOP R and MUNIAder ITY hereby agree that the sum of (� d dWS ($ d ) shall be sufficient to secu a DEVELOPER's obligatiothis Agreement but shall not relieve DEVELOPER from the obligation to pay any additional costs, if actual costs exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The consent of the DEVELOPER to payment of said draft byy BANK to the MUNICIPALITY under said Letter of Credit shall not be required. 2 FROM : City of So. B FAX NO. : 1 802 846 4106 Dec. 28 2004 11:50AN P3 8. Th of Default DEVELOPER, e MUNICIPALITY shall not file with the BANK a Statement until ten (10) days after notice has been sent to the by certified mail., setting forth its intention to do so. 9. All funds drawn on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in Paragraph 1. Any work contracted for by the MUNICIPALITY pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the MUNICIPALITY's own work force and equipment, or shall be accomplished in such other manner as in the judgement of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that a portion of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER.. 11. This Agreement and said Letter of Credit shall terminate and shall be of no force and effect upon completion of the one year warranty period as described in the above Paragraph 3. If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvements within the twelve (12) month period, or if notice has been given and the defective work or materials, have been corrected by the.; DEVELOPER, the MUNICIPALITY shall forthwith notify the RANK in writing that the Letter of Credit may be canceled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations hereunder and under said Letter of Credit. 12. Upon request of DEVELOPER, but only at the •sole discretion of the MUNICIPALITY, the MUNICIPALITY may agree to reduce the amount of said Letter of Credit required hereunder if the MUNICIPALITY believes 'that the full amount of said Letter of Credit is no longer necessary to protect its interest, and shall notify the BANK in writing of such reduction in the amount of the Letter of Credit. 13. The BANK may not modify the Letter of .Credit without first receiving written consent of the MUNICIPALITY. 14. DEVELOPER hereby agrees to indemnify and hold BANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. 3 FR@M : City of So. B 1 FAX NO. : 1 802 846 4106 ) Dec. 28 2004 11:50AN P4 15. This agreement shall be binding on all parties hereto and their respective heirs, executers, administrators, successors and assigns. n Dated at , Vermont, this day of this day of20�_ IN THE PRESENCE OF: #lf 'd By: Duly Authorized ,Agent (DEVELOPER) Dated atVermont, this day of c this day of 17 THE PRESENCE OF: A��By: Dated at_ �v. ��iC��i��%a%V , Vermont, this day of this day of 7*1 13 , 20 O5� . MliffifignsQW&I , a r 7 Duly Authorized Agent (MU'NICIPALITY) 1 BENEFICIARY ACCEPTANCE Chittenden Bank has this 23rd day of December caused to be Hand Delivered Letter of Credit #1008706 to the Beneficiary, City of South Burlington. This Letter of Credit is Issued on behalf of White Rocks Development, LLC. y Authorized Agent Date Two Burlington Square P0. Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com September 2, 2004 City of South Burlington Attention: Ray Belair 575 Dorset Street South Burlington, VT 05403 �R 1(4k71161,1,,5- lk Re: Irrevocable Standby Letter of Credit #0100918333 White Rock Development, LLC 94 Harvest Lane Williston, VT 05495 Dear Beneficiary: We hereby establish our Irrevocable Standby Letter of Credit #0100918333 in favor of City of South Burlington for the account of White Rock Development, LLC up to an aggregate amount of $3,200.00 available by your draft or drafts on us at sight accompanied by: 1.) the original Letter of Credit and all amendments, if any, 2.) a written statement signed by an authorized officer of City of South Burlington that these funds are due you under the terms of your agreement with White Rock Development, LLC, accompanied by 3.) a current secretary certificate or resolution from City of South Burlington that the officer is authorized to sign on behalf of City of South Burlington If your demand represents a partial drawing hereunder, we will endorse the original credit and return same to you for possible future claims. If, however, your demand represents a full drawing, or if such drawing is presented on the day of the relevant expiration date hereof, we will hold the original for our files and remove same from circulation. Two Burlington Square P.O. Box 820 Burlington, Vermont 05402 802-658-4000 www chittenden.com All drafts must be marked under Letter of Credit #0100918333. We engage with you that all drafts drawn under and in compliance with the terms and conditions of this credit will be duly honored on delivery of documents as specified if presented at this office on or before August 27, 2007. Except so far as otherwise expressly stated, this credit is subject to the "International Standby Practices ISP 98 (1998 Revision), International Chamber of Commerce Publication #590" ery truly W , Donna Lemaire Assistant Vice President Two Burlington Square P.O. Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com r� r BENEFICIARY ACCEPTANCE Chittenden Bank has this 2nd day of September caused to be Hand Delivered Letter of Credit 40100918333 to the Beneficiary, City of South Burlington. This Letter of Credit is Issued on behalf of White Rock Development, LLC. City of h Bur to By Occv Dul ut orized Agent Date Two Burlington Square P0. Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com E April 21, 2004 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Irrevocable Standby Letter of Credit #10042 White Rock Development, LLC 94 Harvest Lane Williston, VT 05495 Dear Beneficiary: MO We hereby establish our Irrevocable Standby Letter of Credit #10042 in favor of City of South Burlington for the of account White Rock Development, LLC up to an aggregate amount of $3,094.50 available by your draft or drafts on us at sight accompanied by: 1.) the original Letter of Credit and all amendments, if any, 2.) a written statement signed by an authorized officer of City of South Burlington that these funds are due you under the terms of your agreement with White Rock Development, LLC, accompanied by 3.) a current secretary certificate or resolution from City of South Burlington that the officer is authorized to sign on behalf of City of South Burlington. If your demand represents a partial drawing hereunder, we will endorse the original credit and return same to you for possible future claims. If, however, your demand represents a full drawing, or if such drawing is presented on the day of the relevant expiration date hereof, we will hold the original for our files and remove same from circulation. Two Burlington Square P.0 Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com All drafts must be marked under Letter of Credit #10042. We engage with you that all drafts drawn under and in compliance with the terms and conditions of this credit will be duly honored on delivery of documents as specified if presented at this office on or before April 20, 2005. Except so far as otherwise expressly stated, this credit is subject to the "International Standby Practices ISP 98 (1998 Revision), International Chamber of Commerce Publication 4590" Very truly yours, Debra E. Cross Vice President Two Burlington Square P.O. Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com April 21, 2003 Town of South Burling, 575 Dorset Street South Burlington, VT Uo,±u.3 Re: Irrevocable Standby Letter of Credit #10034 White Rock Development, LLC 94 Harvest Lane Williston, VT 05495 Dear Beneficiary: We hereby establish our Irrevocable Standby Letter of Credit #10034 in favor of Town of South Burlington for the account of White Rock Development, LLC up to an aggregate amount of $30,945.00 available by your draft or drafts on us at sight accompanied by: 1.) the original Letter of Credit and all amendments, if any, 2.) a written statement signed by an authorized officer of Town of South Burlington that these funds are due you under the terms of your agreement with White Rock Development, LLC, accompanied by 3.) a current secretary certificate or resolution from Town of South Burlington that the officer is authorized to sign on behalf of Town of South Burlington. If your demand represents a partial drawing hereunder, we will endorse the original credit and return same to you for possible future claims. If, however, your demand represents a full drawing, or if such drawing is presented on the day of the relevant expiration date hereof, we will hold the original for our files and remove same from circulation. All drafts must be marked under Letter of Credit #10034. Two Burlington Square P.0 Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com } ?1/ We engage with you that all drafts drawn under and in compliance with the terms and conditions of this credit will be duly honored on delivery of documents as specified if presented at this office on or before 4/16/04. Except so far as otherwise expressly stated, this credit is subject to the "International Standby Practices ISP 98 (1998 Revision), International Chamber of Commerce Publication #590" Very truly yours, Debra E. Cross Vice President Two Burlington Square P0. Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com ?J/ September 19, 2001 City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: Irrevocable Standby Letter of Credit #10018 Expiration date: January 26, 2003 White Rock Development, LLC PO Box 907 Williston, VT 05495 Dear Beneficiary: The above mentioned Letter of Credit is amended as follows: Decrease value of credit from $397,700.00 to $30,945.00. All other terms and conditions remain the same. ry truly yo, Donna Lemaire Assistant Vice President Two Burlington Square • P.O. Box 820 • Burlington, Vermont. 05402-0820. 802-658-4000 CITY OF SOUTH BL7RLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 6, zooi David W. Burke O'Leary -Burke Civil Associates, PLC 5 Andrews Avenue, Suite 5 Essex Junction, Vermont 05452 Re: White Rock -Letter of Credit #xoo18 Dear Mr. Burke: Please be advised that the City of South Burlington hereby authorizes the Standby Letter of Credit #iooi8 be reduced from $397,700 to $30,945• Please have the bank forward the revised Letter of Credit to this office. If you have any questions, please let me know. Sincerely, G, i ym - d J. Belair Administrative Officer Td tip., O'Leary -Burke 6.) Associates, Pic c l l� August 23, 2001 Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: White Rock - Letter of Credit Dear Ray: White Rock Development, LLC requests that the current Letter of Credit (#10018, see attached) for the construction of the White Rock residential development be reduced. The original Letter of Credit was for $397,700. To date, nearly all construction has been completed by S.D. Ireland, Inc. As of 8/9/01, the remaining work is as follows: General Site Work $ 4,145 Top Coat Pavement $19,500 Concrete Curb 6,850 Total $30,945 White Rock Development, LLC requests that the Letter of Credit bo reduced from the current $397,700 to $30,945 - the value of the remaining work. The street trees for the White Rock Development have a separate Letter of Credit. If you have any questions, please call. .6..s . Enc. cc: Tom Sheppard Sincerely, - F 7 David W. Burke 5 ANDREW AVE. SUITE 5 ESSEX JCT., VT 05452 PHONE 802-878-9990 FAX 802-878-9989 CIVIL(a-TOGETHER.NET FROM : City of So. B , FAX NO. : 1 902 65e 474e Aug. 23 2001 OB:33AM P1 January 30, 2001 Town of South Burlington 575 Dorset Street So. Surlington, VT 05403 /&AqA�� B A N K Post-HO Fax Note 7871 bete e4�fW G F►Pm CoJDePt. Cq. Phone # Phone .X Fax # Fan Re: Irrevocable Standby Letter of Credit #10018 White Rock Development, LLC PC Box 907 Williston, VT C5495 Dear Beneficiary: we hereby establish our Irrevocable Standby Letter of Credit #10018 in favor of Town of South Burlington for the account of White Rock Development, LLC up to an aggregate amount of $597,700.00 available by your draft or drafts on us at eight accompanied by: 1,) the original Letter of Credit and all amendments, if any, 2.) a written statement signed by an authorized officer of White Rock Development, LLC that these funds are due you under the terms of your agreement with White Roam Development, LLC, accompanied by 3.) a current secretary certificate or resolution from Town of South Burlington that the officer is authorized to sign on behalf of Town of South Burlington. If your demand represents a partial drawing hereunder, we will endorse the original credit and return same to you for possible future claims. If, however, your demand represents a full drawing, or if such drawing is presented on the day of the relevant expiration date hereof, we will hold the original for our files and remove same from circulation. All drafts must be marked'under Letter of Credit ¢#10618. Two Burlington Square • P.D. Box 820 • Burlington, Vorrnont • 05402-0820 • 8(32-6,B-4000 FROM : City of So. B FAX NO. : 1 e02 65e 4749 )Aug. 23 2001 Oe:34AM P2 ���iCrl�C/�GCfiC//!, a A N K We engage with you that all drafts drawn under and in compliance with the terms and conditions of this credit will be duly honored on delivery of documents as specified if presented at this office on or before January 26, 2003. Except so fax as otherwise expressly stated, this credit is subject to the "Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication #500." Very truly yobs, onna �emaire Assistant 'Vice Pyres dent Two Burlington Square r V-0 Box 1320 + Burlington, Vermont . M40241$20 . $02,658.4000 January 30, 2001 Town of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: Irrevocable Standby Letter of Credit #10018 White Rock Development, LLC PO Box 907 Williston, VT 05495 Dear Beneficiary: We hereby establish our Irrevocable Standby Letter of Credit #10018 in favor of Town of South Burlington for the account of White Rock Development, LLC up to an aggregate amount of $397,700.00 available by your draft or drafts on us at sight accompanied by: 1.) the original Letter of Credit and all amendments, if any, 2.) a written statement signed by an authorized officer of White Rock Development, LLC that these funds are due you under the terms of your agreement with White Rock Development, LLC, accompanied by 3.) a current secretary certificate or resolution from Town of South Burlington that the officer is authorized to sign on behalf of Town of South Burlington. If your demand represents a partial drawing hereunder, we will endorse the original credit and return same to you for possible future claims. If, however, your demand represents a full drawing, or if such drawing is presented on the day of the relevant expiration date hereof, we will hold the original for our files and remove same from circulation. All drafts must be marked under Letter of Credit #10018. Two Burlington Square • P.O. Box 820 • Burlington, Vermont • 05402-0820 • 802-658-4000 E A Z A z A We engage with you that all drafts drawn under and in compliance with the terms and conditions of this credit will be duly honored on delivery of documents as specified if presented at this office on or before January 26, 2003. Except so far as otherwise expressly stated, this credit is subject to the "Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication #500." Very truly yo}ars, Donna Lemaire 1 Assistant Vice President Two Burlington Square • P.O. Box 820 • Burlington, Vermont • 05402-0820 • 802-658-4000 I-28-0 12:37AM;S. D. REL.�f1D :8028601528 f# I 1 S. D. Ireland Brothers Corp. uel.nd 13 . Ift P.O. Box 2286, S. Burlington, VT 05407 100 Grove Street, Burlington, VT 05401 Ph. 802-863-6222, Fax 802-860-1528 January 22, 2001 Sheppard Custom Homes Attu; Tom Sheppard PO Box 907 Williston, VT 05495 RE: White Rock Costs Breakdown i Water System 2,500 if of 8" main z 7 U' $ 68,000.00 30 lot services f Sewer System 1,3701f of 8" main .3�' 3d $ 41,500.00 30 lot services Storm System 2,200 if of storm main lQ, S $ 79,600.00 22 lot services retention pond Roads 5,800 cy gravel $ 68,000.00 Asphalt Paving 1,400 tons f -10; -7) $ 57,000.00 Concrete Curbs 4,400 if y' $ 42,000.00 Concrete Walks 1,920 if ✓ ��'` 31,600.0 Total Costs Associated with WhiteRock: $ 387,700.00 ` If there are any questions or should additional information be required, please contact Mandy Laframboise at 802/863-6222. / / / �,L/ ( / 7/ - / / » 1�v ��� „'t y S.�4 �e X w � `` r�G z ! l P G e r 7 i 7 ` Co��► , w�-S. FROM :'City of So. B FAX NO. : 1 802 658 4748 Jan. 25 2001 12:25PM P1 !3XJ 131Z)=V=SZ4C)N LE'VIVE:R OF CRED2'37 AGREEMEN''T' THIS AGREEMENT, executed �n tripl irate between Alf� e rc k ,CJ2 v Z_ G , of 1// - "S / 0 AV lam- hereinafter referred to as "DEVELOPER", 0,, j7% .. X of , hereinafter referred to as ""Bank", and -5'0 Ir -7 _1Y ley yt z %:=9' "MUNICIPALITY". ---A- hereinafter referred to as W I T N E S S E T H: WHEREAS, Developer has received final subdivision approval from the MUNICIPALITY'S Planning Commission for the development of a subdivision consisting of 3 0 lots with related improvements, in a development to be known as ", as depicted on and in accordance with the specifications as set forth on Sheet of __I_ on the final plat plan entitled " /= r'%. Lt ��.. 1,✓ dated prepared by as recorded i the Land Records of the City of South n Boox pages o Burlington; WHEREAS, DEVELOPER is required by said approval, at its own expense, to complete the construction of the development site in accordance with the plan approved by the Planning Commission; and WHEREAS, the parties to this Agreement wish to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications set forth in said final plat and related documents: 2. The Developer shall complete the Improvements set forth in Paragraph 1 no later than -7- .z od; Post -it* Fax Note 7671 Date/ �S b pag s� Co.//Dept. Co Phone M Phone 8 Fax # le_ /" / Fax it' f FROM . City of So. B FAX NO. : 1 802 658 4748 ) Jan. 25 2001 12:26PM P2 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within one year after completion of the improvements set forth in Paragraph 1. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER's performance of all requirements hereunder set forth, DEVELOPER has caused the BANK to issue its Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY's copy of this Agreement, and a copy of which is attached to the DEVELOPER's copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. 5. Said Irrevocable Letter of Credit provides that the drafts drawn under said credit, must be accompanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, that in the ,judgement of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified in Paragraph 1. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY, the payment limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. If DEVELOPER shall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall not DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit. 6. The DEVELOPER and MUNICIPALITY hereby agree that the sum of ($ i 7� 7de _) shall be sufficient to secure DEVELOPER's obligations under this Agreement but shall not relieve DEVELOPER from the obligation to pay any additional costs, if actual costs exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The consent of the DEVELOPER to ayment of said draft by BANK to the MUNICIPALITY under said Let�er of Credit shall not be required. q FROM City of So. B FAX NO. : 1 802 658 4748 Jan. 25 2001 12:26PM P3 S. The MUNICIPALITY shall not file with the BANK a Statement of Default until ten (10) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so. 9. All funds drawn on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in Paragraph I. Any work contracted for by the MUNICIPALITY pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the MUNICIPALITY's own work force and equipment, or shall be accomplished in such other manner as in the judgement of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that a portion of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER. 11. This Agreement and said Letter of Credit shall terminate and shall be of no force and effect upon completion of the one year warranty period as described in the above Paragraph 3. If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvements within the twelve (12) month period, or if notice has been given and the defective work or materials have been corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may be canceled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations hereunder and under said Letter of Credit. 12. Upon request of DEVELOPER, but only at the• sole discretion of the MUNICIPALITY, the MUNICIPALITY may agree to reduce the amount of said Letter of Credit required hereunder if the MUNICIPALITY believes that the full amount of said Letter of Credit is no longer necessary to protect its interest, and shall notify the BANK in writing of such reduction in the amount of the Letter of Credit. 13. The BANK may not modify the Letter of Credit without first receiving written consent of the MUNICIPALITY. 14. DEVELOPER hereby agrees to indemnify and hold BANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. 3 FROM : City of So. B ) FAX NO. : 1 802 658 4748 Jan. 25 2001 12:27PM P4 15. This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors and assigns. r Dated at j L L �-�� 6� , Vermont, this day of .N logo - IN THE P EN OF :7: By: � -- 1 Duly Authorized Agent (DEVELOPER) Dated atti , IN PRESENCE OF: Vermont, this day of By: Dat d at ' v. IN ESENCE OF: Du y Authoriz Agent (sANx) Vermont, this day of -� - By: ICIPALITY ) 4 t April 9, 2001 City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: Irrevocable Standby Letter of White Rock Development, LLC PO Box 907 Williston, VT 05495 Dear Beneficiary: Credit #1t3- We hereby establish our Irrevocable Standby Letter of Credit #10026 in favor of City of South Burlington for the account of White Rock Development, LLC up to an aggregate amount of $45,321.00 available by your draft or drafts on us at sight accompanied by: 1.) the original Letter of Credit and all amendments, if any, 2.) a written statement signed by an authorized officer of City of South Burlington that these funds are due you under the terms of your agreement with City of South Burlington, accompanied by 3.) a current secretary certificate or resolution from City of South Burlington that the officer is authorized to sign on behalf of City of South Burlington. If your demand represents a partial drawing hereunder, we will endorse the original credit and return same to you for possible future claims. If, however, your demand represents a full drawing, or if such drawing is presented on the day of the relevant expiration date hereof, we will hold the original for our files and remove same from circulation. All drafts must be marked under Letter of Credit #10026. Two Burlington Square • P.O. Box 820 • Burlington, Vermont • 05402-0820. 802-658-4000 ?J / We engage with you that all drafts drawn under and in compliance with the terms and conditions of this credit will be duly honored on delivery of documents as specified if presented at this office on or before April 9, 2004. Except so far as otherwise expressly stated, this credit is subject to the "Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication 4500." Very truly yours, Debra E. Cross Vice President Two Burlington Square • P.O. Box 820 • Burlington, Vermont • 05402-0820. 802-658-4000 S UBD I V I S 2 ON L E TT E R O F C RED 2 T AGREEMENT THIS AGREEMENT, executed in triplicate between n6c-K , of /' o here nafter refe red t as "DEVELOPER", of ur �• , hereinafter referred to as ""Bank", and hereinafter referred to as "MUN CIPALITY". W I T N E S S E T H: WHEREAS, Developer has received final subdivision approval from the MUNICIPALITY'S Planning Commission for the development of a subdivision consisting of O lots w th related i provements, in a development to be known as J L C as depicted on and in accordance with the specifications s et forth on Sheet % of _ on the final plat plan entitled " dated prepared by L . 11J - the City Burlington; WHEREAS, DEVELOPER is required by said approval, at its own expense, to complete the construction of the development site in accordance with the plan approved by the Planning Commission; and WHEREAS, the parties to this Agreement wish to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications set forth in said final plat and related documents: , u �//, I rX 2. The Developer shall co m �lete the improvements set forth in Paragraph 1 no later than 122, 1 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within one year after completion of the improvements set forth in Paragraph 1. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER's performance of all requirements hereunder set forth, DEVELOPER has caused the BANK to issue its Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY's copy of this Agreement, and a copy of which is attached to the DEVELOPER's copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. 5. Said Irrevocable Letter of Credit provides that the drafts drawn under said credit, must be accompanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, that in the judgement of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified in Paragraph 1. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY, the payment limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. If DEVELOPER shall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit. 6. The DEVELOPER of to secure DEVELOPER's not relieve DEVELOPER costs, if actual costs and MUNICIPALITY hereby agree that the sum ($00 ) shall be sufficient obligations under this Agreement but shall from the obligation to pay any additional exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The consent of the DEVELOPER to payment of said draft by BANK to the MUNICIPALITY under said Letter of Credit shall not be required. 2 8. The MUNICIPALITY shall not file with the BANK a Statement of Default until ten (10) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so. 9. All funds drawn on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in Paragraph 1. Any work contracted for by the MUNICIPALITY pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the MUNICIPALITY's own work force and equipment, or shall be accomplished in such other manner as in the judgement of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that a portion of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER. 11. This Agreement and said Letter of Credit shall terminate and shall be of no force and effect upon completion of the one year warranty period as described in the above Paragraph 3. If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvements within the twelve (12) month period, or if notice has been given and the defective work or materials have been corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may be canceled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations hereunder and under said Letter of Credit. 12. Upon request of DEVELOPER, but only at the •sole discretion of the MUNICIPALITY, the MUNICIPALITY may agree to reduce the amount of said Letter of Credit required hereunder if the MUNICIPALITY believes that the full amount of said Letter of Credit is no longer necessary to protect its interest, and shall notify the BANK in writing of such reduction in the amount of the Letter of Credit. 13. The BANK may not modify the Letter of Credit without first receiving written consent of the MUNICIPALITY. 14. DEVELOPER hereby agrees to indemnify and hold BANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by, BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. 3 15. This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors and assigns. _,Dat d at By Dated at PJ G`9 L-( A/ � T6F /; r - 7 IN PRESENCE OF: Vermont, this day of (DEVELOPER) Vermont, this day of By: V' Duly u orized Agent BANK) Dated at Cc, kl< IIA)6 'A , Vermont, this day of IN.' SENCE O '14-1 J. f= By. 4 c-'/ 7'V1 0'�- Duly othorized Agent ( ICIPALITY) 02/01/01 13:58 FAX 802 6601695 CHITTENDEN BANK Z001 REPLY TOa Chittanden Bank Commercial Banldag 1�m Burlington Square P.O. Box E20 Burlington, VT 05402-OSM FACSIldnZ NO: (602) S6'2-0240 ro "ImInolf1w, Cotes Lzn i Date: FromPages, including cover sheet: Su dor's Telephone N: ! -Z Rm ❑ urged M Far Rrvkw ❑ Pkw* Carrunent O-Phase Rvoy C3 Pieria Ra ycle GIx -'::qv . CA TRIS COMMUNICATION IS CONFIDENTIAL AND INTENDED TO BE PINMEGED, IF TM READER OF TM MZSSA4E 19 NOT TBE INDICATED "CIPM4T, YOU ARE HZREBY NOTIFIED MAT ANY DIS9EIIONATION, DI91°RMMOM OR COPY OF TMS COMMUNICATION IS STIIICTLY PRomcarrED. Er YOU RAW lkECEP= TWS COMMUNICATION IN ZRROR, ?LL4SK IMMEDIATELY NOTIFY US BY CALLING 14QMI-926 EXTENSION 2132. TgAIVY YOU. —1 Two Burlington Square • P.O. Box 820 • Burlington, Vermont • 05402.0620 • 802.6584000 02/01/01 13:59 Fr1X 802 6601695 CHITTENDEN BANK 1-01:1a:46 i54ICPp-nh, 5TCM i-10ma Oa//0110L TIELT 13:44 FAX 50, t�t 02'1 0 • A N K ;/}cr comarclsl Divi6loD Date: 2--11111-2001 Please amend by Q ReguI.1r Mai! ❑ Airmail C1 Express mijil Letter of Credit No, _1A0_ is ,,,_3s follows: FILL IN THE APPROPRIAVE INFORMATION a Zf L 21002 9YANDBY LETTER OF CREDIT AMENDMENT AMLICATION CHI TENDEN BANN P.O. Boni •820 TWO BURLINGTON SQUAPE BURLINGTON, VT 05402' C] Preadvice by Teletraasm4slon Extend Expiry Date to_ -- Shorten Expiry Date to Ir crease value of credit by Decrease value of credit by Other changay in documents, terms, or conditions:_ The anranid Ent is chitrig, ALL OTHER TERMS AND CONdtrioNS REMAIN UNCHANGED, hME N@Mlpllf AGiIIEEi ANp AMEMOM�OVARANTraIl TO MAKE DUE PROVISION FOA ANY DRAM UNDER TMq 11110M tQ AT THETo TH S STANIGT I.>rrM OP CREDIT WAS nci1N11L,Ly OPME0.T"t SAMEIRICK AND MNNER As covgRIM By THE AGREEYENT In Woordance with CC Pt1b4ftfian 690, Ankh St( White Rock Development, A Lsftr arCradif can rmeherbQ amende+dWr - — can7 mfled nrrftow Mg 1i�rWMWW of M# AppliCaru� +' such atn�rra�nenf Cr i�tsrf►es fh .nstCl- l�+fd"trs - rogLMW for Cancst n W#i not betaome eflecWo untR such 0"0 ea- the eenafic my �Z; SIgnst frills - hos o~ fitercic. . Able to rrespandent SnnkorThird Party Obligor. h .. gtry as Applia.nl. G Yre of Atco Puny silo be uifisr below. BEN Conn 01OL-1 �PO x �o� Wiill�t n 05435 Applicant Address ..��59-566tt AppWGnr Tekphon, —' Atyl+ori=qd 4 6ti1ci reJ'fitle ^� - CITY OF SOUTH BUR,L.INGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 14, zooz Mr. David Burke O'Leary -Burke Civil Associates, PLC 5 Andrew Avenue, Suite 5 Essex Jct., VT 05452 Re: White Rock Estates - Lots 13, 14, and 15 Dear Mr. Burke: Enclosed is the agenda for next Tuesday's Development Review Board meeting; my comments to the Board. Please be sure that someone is at the meeting on Tuesday, August zo, zooz at 7:30 p.m. at the City Hall Conference Room, 575 Do Street. S incerely, J Raymond J. Belair Administrative Officer Encl./td EUGENE J. WARD, III GUY L. BABB MARIKATE E. KELLEY MATTHEW M. GLITMAN JOYCE H. CHASE JASON F. RUWET MICHAEL KIEY REGISTERED LAW CLERK: APRIL E. DOUGHTY May 22, 2002 John Dinklage, Chair Development Review Board 575 Dorset Street South Burlington, VT 05403 WARD, KELLEY & BABB ATTORNEYS -AT -LAW 3069 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05403-6030 A Tradenarne for a Professional corporation (802) 863-0307 TELEFAX 863-4587 generaldelivery®wkblawyers.com RE: White Rocks Estates - Lots 13, 14, and 15 Dear Mr. Dinklage: CLOSING COORDINATOR: JO RICHER LEGAL ASSISTANTS: ERIKA S. KREHER CANDACE M. WELLS ANDREA K. HAYES PARALEGAL: KIM C. DENNIS This is a follow-up to May 22, 2002 letter from Dave Burke, clarification fo the use of the backyards on the referenced lots. I concur with the facts in Dave's letter. It is our opinion that the Development Review Board gave an implicit conditional use of the portion of the lots in the Conservation/Buffer Zone for a backyard as a recreational use under 3.301 of the Zoning Regulations. We also believe that a well maintained lawn is the best way to fulfill the purpose of the Conservation/Open Space District (3.00 of the Zoning Regulations). A lawn would provide excellent treatment for runoff. This would certainly have a significantly less impart that some of this permitted uses under 3.20 such as keeping cattle, horses or other domestic farm animals. So long as the future homeowners will be allowed to mow the grass and maintain their lawn to approved fill limits, we will put language in the deed on the cross referencing the Zoning restrictions in the Conservation Zone. This will be future owners on direct notice. Please let me know if you or the Development Review Board have any questions or concerns. Cord' y, Guy L. Babb, Esq. (babbnwkblawyers.coln) GLB:cmw cc: Dave Burke Toni Sheppard O'Leary -Burke c ) Associates, PLC ) May 22, 2002 Mr. John Dinklage, Chair Development Review Board 575 Dorset Street So. Burlington, VT 05403 RE: White Rock Estates Dear John: We are writing on behalf White Rock Development, LLC. to request clarification regarding the approved encroachment into the Conservation/Buffer Zone on Lots 13, 14 and 15 of White Rock Estates. The original design for White Rock Estates was for thirty-six (36) lots and was approved circa 1990. As you recall, the Development Review Board approved a reduction to thirty (30) lots on May 15, 2001. Both the original and the 2001 approval for White Rock Estates included fill within the Conservation/Buffer Zone of the Winooski River. In addition to fill being shown/approved on Lots 13, 14 and 15, the back of the approved building envelopes for Lots 13, 14 and 15 is the limits of the Conservation/Buffer Zone. Recently a prospective buyer for Lot 13 inquired about the use of the back of the lot. The Zoning Administrator, Ray BeLair stated that once the fill was placed that the area with the Buffer/Conservation Zone had to be left alone. This issue has been discussed with Ray and he stated that he has to go by the Zoning Regulations and that it is a leap of faith to believe that the area within the Buffer/Conservation Zone to the approved fill limits can be managed (ie. mowed). This line of thinking was never envisioned. We feel that it is a leap of faith to state that management of a back yard is not allowed to the approved fill limits. Particularly when the approved building envelope is the limits of the Conservation/Buffer Zone. Is it not reasonable to mow the area between the back of the approved building envelope and the approved limits of fill? Why would fill limits been proposed if no management could occur? We simply request that the Zoning Regulations be reviewed in combination with the approved plans. We have attached correspondence on the thirty (30) lot approval for White Rock Estates beginning with the Sketch Plan minutes through the Final approval follow up letter. In regard to the Conservation/Buffer Zone, please find the following highlights: 5 ANDREW AVE. SUITE 5 ESSEX JCT., VT 05452 PHONE 802-878-9990 FAX 802-878-9989 CIVIL(aDTOGETHER.NET Mr. John Dinklage May 22, 2002 Page 2 • 2/6/01 Sketch Plan minutes: The preliminary plans need to illustrate the Conservation/Open Space District and Buffer; • 2/15/01 response letter: Please see attached. Please note that the slight relocation of the road provides for less encroachment than would have occurred with the former thirty-six (36) lot approval; • 3/8/01 Staff Notes - Preliminary Plat Application: Includes "Staff will recommend that no clearing be permitted in the C.O. District"; • 3/13/01 response letter: Please see attached. In short, tree clearing was a non -issue, except for the approved fill limits on Lot 14; • 3/16/01 Preliminary Staff Notes: In regards to Conservation/Open Space District, it states "The plans illustrate some filling will occur within the Conservation/Open Space District. The applicant has proposed decreasing the level of disturbance from the previous approval and therefore staff does not have a problem with the disturbance"; • 4/4/01 Preliminary Approval: Item #10 of the Findings of Fact is the same language regarding the Conservation/Open Space District as the 3/16/01 Preliminary Staff Notes; • 5/1 /01 Final Staff Notes: Same language as 3/16/01 and 4/4/01 above; • 5/15/01 Final Findings of Fact and Decision: Item #10 of the Findings of Fact is the same language regarding the Conservation/Open Space District as the 3/16/01 Preliminary Staff Notes; • 6/8/01 follow-up letter regarding Final Approval conditions. Due to the difference of opinion on back yard management for Lots 13, 14 and 15 we not only reviewed the file to compile the above and attached, we also reviewed the Zoning Regulations regarding the Conservation/Buffer Zone and the approved plans. First, back yard management on Lots 13, 14 and 15 is not in conflict with the Purpose (3.00). In fact, dense grass will provide much more protection than the suggestion of no management and poses far less impact than the listed Permitted Uses (3.20). Finally, Section 3.403 of the Zoning Regulations (see attached) states that no filling can occur within the Conservation/Buffer Zone without approval per Section 3.20 (Permitted Uses) or Section 3.30 (Conditional Uses). Therefore, from a Regulatory standpoint, we suggest that this request for clarification can be acknowledgement that the 1 Mr. John Dinklage May 22, 2002 Page 3 approved fill was implicitly tied to the closest Permitted or Conditional Use. The closest use, is the Conditional Use of Outdoor Recreation, Section 3.301. This use would allow for back yard management. We thank you in advance for your prompt attention to this matter. Sinccerel , David W. Burke Enc. cc: Tom Sheppard Guy Babb, Atty. l c ARTICLE III CONSERVATION AND OPEN SPACE DISTRICT (CO) 3.00 Purpose A Conservation and Open Space District (CO) is hereby formed in order to maintain and improve the quality of natural resources such as soil, air, and water and the natural processes by which they are related, and to insure a safe, healthful, and aesthetically -pleasing community. Any uses not expressly permitted are prohibited, except those which are allowed as conditional uses. 3.10 Boundaries of Conservation and Open Space District The boundaries of the CO District shall include: 3.101 All land within 150 feet horizontal distance of the Interstate 89 and Interstate 189 rights -of -way and within 50 feet horizontal distance of the interstate ramps rights -of -way, both existing and planned, as depicted on Exhibit 3A. 3.102 All land within 150 feet horizontal distance along Lake Champlain as measured from the high water level elevation of 102.5 feet above mean sea level datum. 3.103 All land along a major stream which is within 100 feet horizontal distance of the centerline of Muddy Brook or Potash Brook, or within 100 feet horizontal distance of the edge of channel of the Winooski River. 3.104 All land along a minor stream or drainage way which is within 50 feet horizontal distance of the centerline of the minor stream or drainage way. 3.105 Several parcels of land identified as "natural areas" in the 1991 Comprehensive Plan: East Woods, Centennial Pine Woods, and Spear Street Sand Dune Field. 3.106 All wetland areas, whether identified on a map entitled "Wetlands Map" or identified through site inspection, and including a buffer area 50 feet in width surrounding any such wetland. If a site -specific evaluation determines that areas identified as wetlands on the Wetlands Map are not in fact wetlands as defined in these regulations, the Development Review Board may at its discretion exempt these areas from the provisions of the CO District. If no site specific information delineating wetlands is presented, all wetland areas identified on the Wetlands Map shall be deemed to be part of the CO District. In the event such information is submitted, the DRB may request the Natural Resources �/3_20 Committee conduct a site inspection and provide comments and recommendations. Permitted Uses The following uses are permitted in the Conservation and Open Space District. 3.201 Agriculture, horticulture, and forestry including the keeping of cattle, horses, or other domestic farm animals, provided that any building or structure appurtenant to such uses is located outside the CO District. 3.202 Public Recreation Paths t and/or -water run-off 3.203 Holding or settling basins for treatmere retention roperty outside the CODistrict. provided such facilities cannot be located reasonably elsewhere on the same P ersons and eir 3.204 Roadways or access drives for purposes of theCODia CO strict, trict proDvidedt suchby paccess cannoh be possessions to access land on the opposite side provided reasonably without crossing the CO District. 3.205 Utility lines, including power, telephone, cable, Ut litysewer lines within all therwithin CO Districts ODistricts may be defined inSections 3.101, 3.102 and 3.105above. permitted only to the extent necessary to cross a CO District to access land on the opposite side of the CO District provided rel such access cannot be provided reasonably without crossing the CO District. 3.206 Routine maintenance and upkeep, including the removal of vegetation or maintenance dredging, of manmade ponds. It 3.30 Conditional Uses The following uses are allowed in the CO District as conditional uses subject to approval by the Development Review Board in accordance with the provisions of Section 26.05. 3.301 Outdoor Recreation provided any building or structure (including parking and driveways) appurtenant to such use is located outside the CO District. 3.302 Research and educational activities devoted to the study of natural resource science provided any building or structure (including parking and driveways) appurtenant to such use is located outside the CO District. 3.303 Hydro -electric power generation 3.40 Use Standards Uses granted under Section 3.20 and Section 3.30 shall be subject to the following limitations: 3.401 No building of any kind, including any structure or construction such as parking lots, tennis courts, or farm buildings, shall be permitted within this district. Pavement associated with recreation paths is exempt from this limitation. 3.402 No use shall be permitted that will in any way damage or otherwise alter adversely the character of soils or vegetation, or impair the quantity or quality of surface water and ground water. 3.403 Excavation of earth materials or filling with earth materials or other substances will be permitted only to the extent necessitated by a permitted or conditional use. 3.404 The cutting or removal of trees and other natural vegetation shall be allowed only to the extent necessitated by a permitted or conditional use. In the case of pre-existing residential uses, selective cutting or removal of trees shall be allowed in accordance with Section 3.506(e). 3.405 Any application for a permitted or conditional use which requires review by the Development Review Board shall require review and comment by the South Burlington Natural Resources Committee. 3.50 Nonconforming Uses and Activities The encroachment of a nonconforming use or activity into a CO District is permitted under certain circumstances subject to approval by the Development Review Board as provided below: 3.501 Encroachment is necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare. 3.502 Encroachment is necessary for purposes of providing for or improving public facilities. 3.503 Encroachment into a CO District which is located along a drainage way (see definition) or which encompasses a wetland and associated buffer area will not significantly affect adversely the attributes DEVELOPMEN . )EVIEW BOARD MEMO FEBRUARY 6, 2001 MEETING Other: A survey plat for the property has yet to be submitted. The plat should be stamped i! by a licensed land surveyor and include the owners and addresses of the adjacent properties as well as five foot contour lines. 7) WHITE ROCK - SKETCH PLAN — REDUCE LOTS FROM 36 TO 30, COUNTRY CLUB DRIVE This project consists of amending a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30. The Planning Commission approved the final plat for this property on July 26, 1988 with amendments on July 28,1992 (minutes enclosed). This property is located within the Residential Four District, the Conservation & Open Space District, and the Floodplain Overlay District. The property is bounded on the south by single family dwellings, on the west and north by agricultural land, and on the east by the Winooski River. Lot size/Frontne: The proposed lots meet the minimum frontage requirement of 80 feet as well as the minimum lot size requirement of 9,500 sq. & Densi : The maximum density for the 14.68 acre property is 58 units, and 30 units are being proposed. 1 Proposed CitStreet: The preliminary plat application should address the Ci 's ©� P teary P PP ty standards for the proposed streets. School Impact: The applicant should submit a correspondence from the South Burlington School District at preliminary plat evaluating the potential impact this project will have on the school system. J � fo — 3 O Street Li&—ts. The applicant should provide street lights along the proposed streets. Utilities: The preliminary plat application should include sewer & water main details as well as details of all proposed storm water facilities and sediment control. Conservation/Open Space District: The preliminary plat plans should illustrate the Conservation/Open Space District and buffer. Floodplain: The preliminary plat plans should illustrate the Floodplain Overlay District. v �— '( Access: Access is proposed via an extension of Country Club Drive. Staff recommends that the proposed extension of Country Club Drive be connected with Country Club Drive Fast to provide two forms of access to the proposed development. Traffic: The 1988 approval of the 36 lot subdivision required the applicant comply with the findings of a March 15, 1988 Fitzpatrick -Llewellyn traffic report by contributing $3,267 4 O'Leary -Burke flyll Associates, PLC February 15, 2001 Mr. Ray Belair, Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 RE: White Rock — Country Club Drive Dear Ray: We are writing on behalf of White Rocks Development, LLC (c/o Tom Sheppard) as a follow up to the February 6, 2001 Sketch hearing regarding the above referenced project. At this time, we are submitting for a Preliminary hearing and offer the following responses to items raised at the Sketch Plan level: Development Review Board Memo, February 6, 2001 • Proposed City Streets: As discussed, the proposed street locations and cross- section remain the same. We request that the original plan showing the roadway cross-section remain in effect (see attached). • School Impact: We have sent a School Impact Questionnaire to Bruce Chattman, Superintendent of Schools for completion. We will forward when received. We trust that the proposed reduction from 36 single family lots to 30 single family lots will be considered positive. • Street Lights: A total of six (6) street lights are proposed at the locations shown on plan sheet #1. • Utilities: The attached plans include details for water, sewer, storm and erosion control. • Conservation/Open Space District: The plans have been revised to include the districts and buffers. Please note that the future house locations are consistent with the current 36 lot approval. Rather than blindly add the Conservation/Open Space limits from the previously approved plans we performed a site survey of the edge of channel for the Winooski River adjacent to the site. As a result of the survey, the attached plan shows a slight relocation of the road in this area to allow for proper building envelopes. • Floodplain: The plans have been revised to include the Floodplain Overlay District. The 100 year flood elevation in the project area is 219. • Access: Based on discussion at the Sketch hearing, the proposed cul-de-sac remains as currently approved under the 36 lot regime. • Traffic: The applicant understands that a road impact fee of $3,267 (total) will apply to the proposed 30 lots. 5 ANDREW AVE. SUITE 5 ESSEX JCT., VT 05452 PHONE 802-878-9990 FAX 802-878-9989 CIVIL@TOGETHER.NET Mr. Ray Belair February 15, 2001 Page 2 • • Landscaping: The attached plans show street trees consistent with the current 36 lot approval. The Act 250 approval included 40 deciduous trees and 35 white pine and/or hemlock to be planted to the rear of the lots along the Winooski River. The attached plans include those plantings for inclusion in the City approval. • Sewer: The original allocation for the development was 16,200 gal/day. The new proposal with infiltration per the State EPR rules is 14,267 gal/day, or a proposed decrease in flows of 1,573 gal/day. • Impact Fees: The applicant understands that the total road impact fee will be $3,267 and that the recreation impact fee will be $200 per lot. The applicant further understands that due to the current 36 lot approval which does not include School Impact fees, the fee will not be required on permits issued before 1 /9/05. We anticipate that the 30 homes will be constructed in approximately three years (2001, 2002 and 2003). , • Other: The plans have been revised to include E911 street numbers. The plans include the 100 year base flood elevation of 219. Per the original approval at Act 250, the future basement elevations are required to be at a minimum elevation of 220, which is also stated on the plans. A licensed surveyor from our office has performed topographical survey at the site to verify the original plans by Fizpatrick-Llewellyn, Inc. The Survey Plat by Fitzpatrick -Llewellyn is on file at the City (Volume 286, pages 60 & 61). We will be submitting a revised plat for the proposed interior lot line changes from 36 lots to 30 lots. While we understand that the Development Review Board renders the decision, please remember that in an informal discussion prior to Mr. Sheppard's purchase of this parcel, we were informed that this proposed reduction from 36 lots to 30 lots should be handles as a two step process. As this project is being required to undergo the standard three (3) step process, in the interest of time, we request that the revised plat be included with the Final submittal. Fire Department: No response necessary, as the January 29, 2001 review stated "Acceptable". CitEngineer: 1. Pump Station Access: The access to the pump station will improve with the development of this parcel as proposed. The current access is through a locked gate and a gravel haul road. The proposed access will be via the proposed 30 foot wide curbed road, with a curb cut at the current access point. The proposed detention ponds will not change the available access, as they are proposed at or beyond the current top of bank on either side of the pump station. 2. Stormwater Detention Areas: As discussed at the Sketch hearing, the Association will maintain the detention ponds. To avoid side yard setback issues the detention areas as well as the existing pump station is within a utility easement area as shown on the attached plans. • 0 Mr. Ray Belair February 15, 2001 Page 3 3. Sidewalk: Per the Sketch hearing and Bill Szymanski's suggestion, the attached plans show the proposed sidewalk extending across the frontage of Lot # 17, through the 50 foot right-of-way to the Country Club Drive East cul-de-sac. We have proposed a five foot wide sidewalk for consistency with the project sidewalk, as there are no other sidewalks or multi —use paths in the existing Country Club Estates Development or the project vicinity. 4. Power, Telephone & Cable T.V.: The plans have been forwarded to GMP for their layout. The utilities will be outside of the street right-of-way within a 10 foot wide easement. The location of the utilities will be on the Site Plan with the final submittal. 5. Street Lights: Please see plans. 6. City Water Department: Please see attached letter from the City of South Burlington Water Department. 7. The cross-country manhole will be removed as stated on plan sheet # 1. Please find the following for your review and scheduling before the Development Review Board: 1. Preliminary Application; 2. $235 application fee ($75 + ($5 unit x 30 units) + $10 recording fee = $235); 3. Five (5) copies of project plans (including previously approved Detail Sheets by Fitzpatrick -Llewellyn, Inc.); 4. Supporting Documentation. If you have any questions, please call. Enc. cc: Tom Sheppard DA 1999\99104\Belairprelim.doc Sincerely V David W. Burke FROM : City of So. B FAX NO. : 1 802 658 4748 Mar. 09 2001 03:44PM P2 To: Applicants From: Sarah MaGWum, City of South Burlington BE: Project Staff Notes Date: Much S, 2001 S"1-10 White Rock Point — preliminary Plat Application Previous Action: Sketch plan review on February 6, 2001. Overview: The proposed preliminary plat will reduce the number of single family lots from 36 to 30. boa; ■ A survey plat illustrating five foot eontoun Stamped by a licensed engineer bas yet to be: submitted. �f �■ The applkant should submit cut sheets for the proposed street fights and note the. height of the / poles, Tbese khts should be selected from the approved lights utilized by GMP. ■ The proposed street is should be moved to the public r.ow. /IJ ■ The applicant should revise the landscaping to provide two street trees per lot or formally request a waiver from this Subdivision Regulations requirement. --� ■ Staff will recommend that no clearing be permitted within the C.O. Aistrict. ■ The plans currently illustrate that regrading will happen within both the tloodpWn and C.U. Dhtriet. This is not permissible. ■ Staff, will recommend that the homeowners Association be required to maintain the starmwater fkmity. CoupplererQss of Plan: The applicant has submitted insufficient information for Development Review Board to consider the preliminary plat application at the March 20, 2001 meeting. Additional information (a survey plat) should be submitted no later than March 14, 2001. Re mmmendaden: Staff recommends that this application be authorized to proceed for preliminary plat review if a survey plat is submitted 0 O'Leary -Burke CV I Associates, PLC March 13, 2001 Ms. Sarah MacCallum Planning Assistant 575 Dorset Street So. Burlington, VT 05403 RE: White Rock - Country Club Drive Dear Sarah: We are writing on behalf of White Rocks Development, LLC (c% Tom Sheppard) as a follow, up to your March 8, 2001 Memo received via facsimile on March 9, 2001. As discussed with you and Ray BeLair on March 13, 2001, please find the following responses to the issues stated in the Memo: • Survey Plat with Contours: Please find attached Property Plat sheets PL1 and PL2 with five (5) foot contours for your use; • Street Lights: The project will be served by Green Mountain Power Corp. Please find the attached Street Light Detail, which will be added to a Detail sheet with the Final submittal; • Street Trees: The street trees will be moved to within the right-of- way on the final submittal; • Lot Trees: The Site Plan will be revised to state a minimum of two (2) trees to be planted per lot at the time the home is constructed; • C.O. District: The Site Plan will be revised to include a note regarding no clearing within the C.O. District. This is not a significant issue, as Act 250 required Mr. Belter to retain a strip along the Winooski, which encompasses the majority of the C.O. District. With the exception of the back of proposed lots 14, 15 and 16, there are no trees to preserve; • Regarding within the C.O. District / Floodplain: We understand this issue is resolved per our discussion on March 13, 2001. In short, the proposed grading within the C.O. District is extremely minimal and is less than the grading that would occur with the valid 36 lot approval. The proposed grading within the Floodplain District is mainly limited to proposed Lots 1- 6, is consistent with the valid 36 lot approval and in conformance with the Site Development permit. 5 ANDREW AVE. SUITE 5 ESSEX JCT., VT 05452 PHONE 802-878-9990 FAX 802-878-9989 CIVIL@TOGETHER.NET I Ms. Sarah MacCallum March 13, 2001 Page 2 As discussed, a fair portion of the filling has already occurred per the Site Development permit. The most pertinent item seems to be that the proposal to reduce to 30 lots could have occurred following the completion of current construction/grading, which would make this a non -issue. Stormwater: We concur. The project attorney is currently working on the legal documents, which will be provided with the final submittal. We understand that we remain scheduled for the March 20, 2001 hearing for Preliminary review. If you have any questions, please call. Sincerely, Lii/✓+��v David W. Burke • Enc. cc: Tom Sheppard DA 1999\99104\prelimfollow.doc C I To: South Burlington Dev lop ant Review Board From: Raymond J. Bela` , � inistrative Officer Re: March 20, 2001 agenda items Date: March 16, 2001 1) OTHER BUSINESS a) Enclosed is a letter from Brad Rabinowitz requesting a six month (6) month extension to a site plan approved on 9/5/00 (effective 9/19/00). Staff has no problem granting the extension. Granting the extension will require that a zoning permit be issued by 9/19/01. b) Enclosed is a request from Francis X. Murray, Esquire to amend the minutes of 1/16/01. These minutes have already been approved. I have listened to the tape of the meeting. Some of the words Mr. Murray requests to be added were spoken by him and some of the words, were not. It is up to the Board whether they wish to amend the minutes. 3) ALBERT & MARIE ST. AMAND - APPEAL, OF ADM NISTRATIVE OFFICER'S DECISION This hearing was continued from the February 6, 2001 meeting at the request of the applicant. This appeal is from a decision made by the Administrative Officer that the property at 46 Swift Street is in violation of the zoning regulations (see enclosed Notices of Violation). Enclosed is staff s 2/6/01 memo regarding this appeal. 4) WHITE ROCK — PREIXWNARY PLAT — REDUCE LOTS FROM 36 TO 30, COUNTRY CLUB DRIVE This project consists of amending a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 3 e sketch plan was reviewed by the Development Review Board at ebruary 6, 2001 S j meeting (minutes enclosed). / Y This property is located within the Residential Four District, the Conservation & Open Space District, and the Floodplain Overlay District. The property is bounded on the south by single family dwellings, on the west and north by agricultural land, and on the east by the Winooski River. Lot size/Frontage: The proposed lots meet the minimum frontage requirement of 80 feet as well as the minimum lot size requirement of 9,500 sq. ft. DEVELOPMENT REVIEW BOARD IMEM© MARCH 20, 2001 MEETING Density: The maximum density for the 14.68 acre property is 58 units, and 30 units are being proposed. Proposed City Street: The applicant has proposed extending Country Club Drive and L introducing a new city street to be named Dairy Lane. E911 property addresses are depicted on the plans. The extension and the new street will be constructed to city standards for public streets. School Impact: No additional correspondence is needed from the School District due to the reduction in the number of lots. Street Lights: The applicant has proposed six (6) GMP 70 watt high pressure sodium type streetlights on 20 foot poles. Utilities: The applicant has submitted utility details that have been reviewed by the City Engineer. y Conservation/Opgn Space District: The plans illustrate that some filling will occur within the Conservation/Open Space District. The applicant has proposed decreasing the level of disturbance from the previous approval and therefore staff does not have a problem with the disturbance. Floodplain: The plans illustrate that some filling will occur within Floodplain Overlay District. The applicant has submitted correspondence indicating that this filling will not increase the likelihood of flooding and have less of an inipact than the previously approved plans. Access: Access is proposed via an extension of Country Club Drive. Traffic: The 1988 approval of the 36 lot subdivision required the applicant comply with the findings of a March 15, 1988 Fitzpatrick -Llewellyn traffic report by contributing $3,267 ($3,920/36 lots x 30 proposed lots) in road impact fees. This condition of the 1988 approval will still be applicable. No additional traffic will be produced as the applicant is proposing to reduce the number of lots. Landscaping: The plans currently illustrate street trees located outside of the public no.w. The applicant has agreed to move these trees to within the r.o.w. The proposed trees consists of Honey Locust, Hedge Maple, Kentucky Coffee Tree, and Hackerberry valued at $25,800. Staff recommends that the plans be revised note that there will be at least two (2) trees per lot. The applicant has also proposed $19,521 worth of landscaping in the form of Canada Hemlock, Red Maple, and White Pine along the river. The applicant should expect to bond for the landscaping. a Sewer: The applicant is requesting to reduce the sewer allocation from 16,200 g.p.d. to 14,627 g.p.d. The applicant will be required to pay the per gallon fee prior to permit issuance. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERVIONT 05403 (802) 846-4106 FAX (802) 846-4101 April 4, 2001 David Burke O'Leary -Burke Civil Associates, PLC 5 Andrew Avenue, Suite #5 Essex Junction, VT 05452 Re: Preliminary Plat Application, White Rock Point Dear Mr. Burke: is Enclosed please find a copy of the Finding of Facts of the Development Review Board meeting on March 20, 2001 (effective date April 3, 2001). Please note the conditions of approval, including that a final plat application be submitted within twelve (12) months or this approval will be null and void. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Associate Planner Enclosure 0 n U 0 #SD-01-10 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, preliminary plat application #SD-0I-10 of White Rock Development, LLC. to amend a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30, Country Club Drive On the 20th of March, 2001, the South Burlington Development Review Board approved the preliminary plat application of White Rock Development, LLC. under Section 203 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of amending a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30. 2. The owner of record is White Rock Development, LLC. 3. This property is located within the Residential Four District, the Conservation & Open Space District, and the Floodplain Overlay District. The property is bounded on the south by single family dwellings, on the west and north by agricultural land, and on the east by the Winooski River. 4. Lot size/Frontage: The proposed lots meet the minimum frontage requirement of 80 feet as well as the minimum lot size requirement of 9,500 sq. ft. S. Densi : The maximum density for the 14.68 acre property is 58 units, and 30 units are being proposed. 6. Proposed City Street: The applicant proposed extending Country Club Drive and introducing a new city street to be named Dairy Lane. E911 property addresses are depicted on the plans. The extension and the new street will be constructed to city standards for public streets. 7. School Impact: No additional correspondence is needed from the School District due to the reduction in the number of lots. 8. Street Lights:,The applicant proposed six (6) GMP 70 watt high pressure sodium type streetlights on 20 foot poles. .v l Q i 9. Utilities: The applicant has submitted utility details that have been reviewed by the City Engineer. -- 10. Conservation/Open Space District: The plans illustrate that some filling will occur within the Conservation/Open Space District. The applicant proposed decreasing the level of disturbance from the previous approval and therefore staff does not have a problem with the disturbance. 11. Floodplain: The plans illustrate that some filling will occur within Floodplain Overlay District. The applicant submitted correspondence indicating that this filling will not increase the likelihood of flooding and have less of an impact than the previously approved plans. 12. Access: Access is proposed via an extension of Country Club Drive. 13. Traffic: The 1988 approval of the 36 lot subdivision required the applicant comply with the findings of a March 15, 1988 Fitzpatrick -Llewellyn traffic report by contributing $3,267 ($3,920/36 lots x 30 proposed lots) in road impact fees. This condition of the 1988 approval will still be applicable. No additional traffic will be produced as the applicant is proposing to reduce the number of lots. 14. Landscaping: The plans currently illustrate street trees located outside of the •) public r.o.w. The applicant agreed to move these trees to within the r.o.w. The proposed trees consists of Honey Locust, Hedge Maple, Kentucky Coffee Tree, and Hackerberry valued at $25,800. Staff recommended that the plans be revised note that there will be at least two (2) trees per lot. The applicant also proposed $19,521 worth of landscaping in the form of Canada Hemlock, Red Maple, and White Pine along the river. The applicant should expect to bond for the landscaping. 15. Sewer: The applicant requested reducing the sewer allocation from 16,200 g.p.d. to 14,627 g.p.d. The applicant will be required to pay the per gallon fee prior to permit issuance. 16. Impact Fees: The road impact fee will be $3,267. The school impact fee will not apply to permits issued before 1/9/05. The recreation impact fee will be $200 per lot. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves preliminary plat application #SD-01-10 of White Rock Development, LLC. to .� amend a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30, Country Club Drive, as depicted on an eight (8) page set of plans, page one (1) entitled, "White Rock Country Club Estates South Burlington, VT," prepared by O'Leary -Burke Civil Associates dated 2/21/01 with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat plans shall be revised prior to final plat submittal as follows: a) The plans shall be revised to relocate the street trees to within the public right-of- way. b) The plans shall be revised to illustrate an additional ten (10) feet in r.o.w. width for access to the sewer pump station so that pump cleaning equipment can access it for cleaning and flushing. A curb cut shall also be provided for access. c) The plat plans shall be revised to include a note that each lot shall have at least two (2) trees with a minimum 2 '/z" caliper. d) The plat plans shall be revised to locate the fire hydrants in a location acceptable to the Fire Chief. e) The plat plans shall be revised to show an easement outside the public no.w. for power, telephone and cable television. 3. An eight (8) foot wide, paved recreation path shall be provided connecting Country Club IS Drive with Country Club Drive East with ramped approach from street level as per the Recreation Path Committee memo dated March 15, 2001. 4. All new exterior lighting shall consists of downcasting and shielded fixtures. Any change to the approved lights shall require approval of the Director prior to installation. 5. The Development Review Board approves a sewer allocation of 14,627 g.p.d. The applicant will be required to pay the per gallon fee prior to permit issuance. This allocation shall replace all previous allocation. 6. The applicant shall post a $25,800 landscape bond for street trees and a $19,521 landscape bond for site landscaping prior to issuance of a zoning permit. The bonds shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 7. An emergency connection shall be maintained linking the Country Club Drive with Country Club Drive East. 8. The applicant shall comply with the requirements of the South Burlington Water Department as outlined in a letter dated 3/7/01 from Jay Nadeau to O'Leary -Burke Civil Associates, Inc. • 9. The road impact fee shall be $3,267 payable on a per lot basis of $108.90 paid prior to permit issuance for each house. 10. The recreation impact fee shall be $200 per lot. 13. Prior to issuance of zoning permit for the first lot or start of utility or road construction, all appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed for the proposed public roads, and utility, sewer, drainage, water, and pedestrian path, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 14. Prior to start of construction of the improvements described in condition # 13 above, the applicant shall post a bond which covers the cost of said improvements. 15. In accordance with Section 301.5 of the Subdivision Regulations, within 14 days of completion of required improvements (e.g. roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a registered engineer. 16. The developer/homeowners' association shall be responsible for maintenance of the retention basins. 17. The final plat application shall be submitted within twelve (12) months. Chair or Clerk Date South Burlington Deilelopment Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.SA. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472(d) (exclusivity of remedy; finality). 7 C7 4 i AGENDA South Burlington Development Review Board City Hall Conference Room 575 Dorset Street South Burlington, Vermont 05403 Meeting na, 7:30 P.M. Tuesday, May 1, 2001 1) Other Business 2) Minutes of April 17, 2001 3) Consent Agenda: a) Site Plan Application #SP-01-18 of Francis Von Turkovich to construct two landscaping berms to the front yard of a single family residence, 300 Swift Street. b) Public Hearing: Application #CU-01-08 of Waste Systems International, Inc. seeking conditional use approval from Section 26.65 Multiple Structures and Uses on Lots of the South Burlington Zoning Regulations. Request is for permission to allow automobile repair and service use in conjunction with a truck terminal, 73 Ethan Allen Drive. • c) Site Plan Application #SP-01-15 of Waste Systems International, Inc. to allow automobile repair and service use in conjunction with a truck terminal, 73 Ethan Allen Drive. 4) Public Hearing: Final plat application #SD-01-19 of White Rock Development, LLC to amend a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30, Country Club Drive. 5) Continued Public Hearing: Application #CU 01-03 of Marcel Beaudin, AIA seeking conditional use approval under Section 26.05, Conditional Uses, and Section 3.506(d) of the South Burlington Zoning Regulations. Request is for permission to construct: 1) a sea wall to elevation 103 for approximately 50 feet; and 2) construct a set of stairs 3' x 28' from an existing deck to the proposed sea wall, 5 Lyons Avenue. 6) Continued: Site plan application #SP-0I-10 of Terry Riggs for warehousing, storage and distribution use in conjunction with a contractor's yard not including retail, 16 Lime Rock Road. 7) Public Hearing: Application #CU-01-09 of David DeSarno seeking conditional use approval a from Section 26.05 Conditional Uses, and Section 26.65, Multiple Structures and Uses on Lots, of the South Burlington Zoning Regulations. Request is for permission to construct a 2,100 square foot building for a mixed use consisting of 450 square feet for automotive rental use, and 1650 square feet of general office use, 1944 Williston Road DEVELOPMEN'x REVIEW BOARD MEMO MAY 1, 2001 MEETING Conditional Use Criteria: The proposed uses comply with the stated purpose of the IC District to "encourage general industrial activity and office buildings. The proposed uses will not adversely affect: a) The capacity of existing or planned community facilities. No affect expected. b) The character of the area affected. No adverse affect is expected. c) Traffic on roads or highways in the vicinity. The proposed uses are not expected to impact traffic adversely. d) Bylaws in effect. The proposal is in conformance with the zoning regulations. e) Utilization of renewable energy resources. There is no utilization of renewable energy resources to be affected. f) General public health and welfare. No adverse affect expected. Recommended Conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the new use will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 3. Any new exterior lighting shall consists of downcasting shielded • fixtures. Any change to approved lights shall require approval of the Director prior to installation. Prior to permit issuance, the applicant shall submit exterior lighting details (cut -sheets) for all existing lights. 4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 5. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the establishment of the new approved use. 6. Any change to the site plan shall require approval by South Burlington Development Review Board. 4) WHITE ROCK — FINAL PLAT — REDUCE LOTS FROM 36 TO 30, COUNTRY CLUB DRIVE This project consists of amending a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30. The preliminary plat was approved by the Development Review Board at the March 20, 2001 meeting (minutes enclosed). This property is located within the Residential Four District, the Conservation & Open Space District, and the Floodplain Overlay District. The property is bounded on the south by single family dwellings, on the west and north by agricultural land, and on the east by the • Winooski River. DEVELOPMENT R W BOARD MEIN, X Y 1, 2001 MEETINt, J Lot size/Frontage: The proposed lots meet the minimum frontage requirement of 80 feet as well as the minimum lot size requirement of 9,500 sq. ft. Densi : The maximum density for the 14.68 acre property is 58 units, and 30 units are being proposed. Proposed Ct Street: The applicant has proposed extending Country Club Drive and introducing a new city street to be named Dairy Lane. E911 property addresses are depicted on the plans. The extension and the new street will be constructed to city standards for public streets. School Impact: No additional correspondence is needed from the School District due to the reduction in the number of lots. Street Li ts: The applicant has proposed six (6) GNP 70 watt high pressure sodium type streetlights on 20 foot poles. Utilities: The applicant has submitted utility details that have been reviewed by the City Engineer. Conservation/Open Space District The plans illustrate that some filling will occur within the Conservation/Open Space District. The applicant has proposed decreasing the level of disturbance from the previous approval and therefore staff does not have a problem with the disturbance. Floodplain: The plans illustrate that some filling will occur within Floodplain Overlay District. The applicant has submitted correspondence indicating that this filling will not increase the likelihood of flooding and have less of an impact than the previously approved plans. � Access: Access is proposed via an extension of Country Club Drive. Traffic: The 1988 approval of the 36 lot subdivision required the applicant comply with the findings of a March 15, 1988 Fitzpatrick -Llewellyn traffic report by contributing $3,267 ($3,920/36 lots x 30 proposed lots) in road impact fees. This condition of the 1988 approval will still be applicable. No additional traffic will be produced as the applicant is proposing to reduce the number of lots. Landscaping: The proposed trees consists of Honey Locust, Hedge Maple, Kentucky Coffee Tree, and Hackerbeny valued at $25,800. Staff recommends that the plans be revised to note that the minimum size for street trees shall be 2 1/Z". The applicant has also proposed $19,521 worth of landscaping in the form of Canada Hemlock, Red Maple, and White Pine along the river. The applicant should expect to bond for the landscaping. Sewer: The applicant is requesting to reduce the sewer allocation from 16,200 g.p.d. to 14,627 g.p.d. The applicant will be required to pay the per gallon fee prior to permit issuance. 4 RI �J • DEVELOPMENT xEVIEW BOARD MEMO MAY 1, 2001 MEETING Impact Fees: The road impact fee will be $3,267. The school impact fee will not apply to permits issued before 1/9/05. The recreation impact fee will be $200 per lot. 5) CASSIDY— SEAWALL RECONSTRUCTION UNDER SECTION 3.506 (D) - CONDITIONAL USE APPLICATION, 5 LYONS AVENUE This project was continued from the March 20, 2001 meeting (minutes and memo enclosed) to provide the applicant time to meet with the City Engineer. The applicant has since met with the City Engineer and has his approval to construct the proposed sea wall within the sewer easement. The applicant has also proposed sandblasting the proposed concrete blocks to expose the aggregate thereby creating a more natural look. Staff has concerns that the use of concrete will set a precedent for other sea walls. Section 3.506 (d) of the Zoning Regulations states that water oriented structures should "to the greatest extent possible use natural materials." The use of concrete would set a precedent for the use of unnatural materials within the Conservation and Open Space District and thereby go against the intention of the Ordinance. 21 nLIM-10 - 011 M rl-Atu l — 11 U 1 alUL' a 1 VKAIiL' , 10 L11V1L' KVUX HVAM This project was continued from the April3r meeting (minutes enclosed) to provide staff an opportunity to look into removing the island on Lime Rock Road. This island . provided the applicant with an access problem that would require the applicant to exceed front yard coverage in order to provide adequate turning movement for trucks. The City has no problem with the applicant removing the island or a portion of the island. 7 & 8) DESARNO —SITE PLAN & CONDTITONAL USE - 2,100 SO FT BLDG FOR NIMD USE,1944 VVILLLISTON ROAD This application consists of: 1) removal of a single family residence, and 2) constructing a 2,100 square foot building for a mixed use consisting of 450 square feet for automotive rental use, and 1650 square feet of general office use, 1944 Williston Road. This property is located within the Mixed Industrial and Commercial Districts. It is bounded on the south by Williston Road, on the west by a private right-of-way, on the north by a commercial property, and on the east by two residences and a commercial property. Site Plan Criteria: Access/Circulation: Access will be provided via a private right-of-way known as Aviation Avenue. The plans illustrate this r.o.w. as Customs Drive. The plans should be revised to note the correct name of this r.o.w. A 23 foot access drive off of Aviation Avenue will provide access to the property. Circulation on the site is adequate. Coverage/Setbacks: The building coverage will be 5.2% (30% max) and the total coverage • will be 50.16 (70% max). The front yard coverage along Williston Road will be 0% (30% 0 • O'Leary -Burke Civil Associates, PLC June 8, 2001 Mr. Raymond Belair Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 RE: White Rock — Final Approval Stipulations (#SD-01-19) Country Club Drive, South Burlington, VT Dear Ray: We are writing as a follow up to the design review boards 5/15101 filial approval of the above referenced project. Please find the following responses to the final approval conditions: 1. It is understood that all previous approvals and stipulations remain in effect. 2. The plans have been revised as fol-lows: a. The landscaping plan has been revised to illustrate River Birch Trees instead of Paper Birch trees; b. A note has been added to the landscaping plan to notify the City Arborist to determine the best evergreen tree species along the river prior to installation; c. The landscaping plan has a note stating that each lot shall have a minimum of two (2) trees with a minimum caliper of 2-1/2 inches. d. The road gravel base is to contain a minimum of 18 inches as shown on the previously approved plan (sec Fitzpatrick -Llewellyn, sheet #9 included in plan set). 3. All exterior lighting will be downcasting and shielded fixtures as shown on the detail plan sheet #4. 4. The applicant understands that a per gallon fee shall be paid prior to issuance of a permit. The applicant understands that a site landscaping bond shall be posted in the amount of $25,800 for street trees and a site landscaping bond in the amount of $19,521 shall 5 ANDREW AVE. SUITE 5 ESSEX JCT., VT 05452 PHONE 802-878-9990 FAX 802-878-9989 CIVIL TOCETHER.NET /F"7 Mr. Ray Belair ) June 8, 2001 Page 2 ® be paid prior to receiving a zoning permit and shall remain in effect for three (3) years. 6. An emergency access path will be built and maintained linking Country Club Drive with Country Club Drive Ease as shown on plan sheet # 1. 7. The applicant will comply with the requirements of the South Burlington Water Department as outlined in the 3/7/01 letter from Jay Nadeau. 8. The applicant understands that a road impact fee in the amount of $108.90 shall be paid for each lot. 9. The applicant understands that a recreation impact fee in the amount of $200 shall be paid for each lot. 10. All legal documents were previously provided to the City Attorney. 11. As -built construction drawings will be submitted to the City Engineer upon completion of construction. 12. The developer understands that the homeowner's association will be responsible for • maintenance of the retention basin. 13. The developer understands that any change to the plat plans will require the approval of the South Burlington Development Review Board. 14. Plan sheets 1, PL1 & PL2 in mylar format are included to be recorded in the South Burlington Land Records. They are being submitted along with digital format copies as requested prior to the 90 day approval condition. Please find the following information along with this letter: 1. Four (4) copies of plans 2. Mylars of sheets 1, PL & PL2 3. A digital format of sheets 1, PL & PL2 (dxf) format on a CD If you have any questions, please call. Sincerely, • Karl Marchessault, E.I. cc: Tom Sheppard D:\2000\025\ray final2.doc