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HomeMy WebLinkAboutBATCH - Supplemental - 0050 White StreetFILED STATi7l OF VERMONT �?1 jME TA1. COt_ JAN 2 d 1997 .�:� �� t ' FI T } � �nRo caiar In re: Appeal of } LEE ZACHARY } Docket Nos. E96-081 and L96-110 } } DECISION and _ ORDER Lee Zachary, adjace;�t !andow7ior to the parcels at 8 and 10 White Street in South 8urlington, fr.:,�,m two decisions regarding whether the parcels at 12 and 50 White Street had merged for the purposes of zoning. Mr. Zachary has also appealed of the planning Commission granting site plan approval to Mr. Gabriel Handy Por a project at 8, 10, and 12 White Street. (Docket No. E96-137). These parcels are all la+_ated at present in the Commercial 1 zoning district. Docket No. c96-08 i�, �;,� -appeal. frog the Planning COmmisaion's approval of an adjustment of the be1w;n 50 and 12 White Street, and Docket No. E96-110 is the appeal from the Zoning Hoard of Adjustment's decision affirming the Zoning Ue~lsion that the lots at 12 and 50 White Street had not merged. Ar r AllaT; L is represented by Norman C. Smith, Esq.; Appellee -Applicant The Mp; c+ a_Zia Bank (the Bank) is represented by Austin D. Hart, Esq.; the City of Socath Burlington (the City) is represented 5y Joseph S. McLean, Esq.; and the prospectI e pur chaser of and applicant for 8. 10 and 12 White Street, Gabriel Hardy, is represented by Robert J. Perry, Esq. The question of whether +l;e lots at 12 an' 50 White Street had merged was submitted to the Court by motion for sum- ma_,y judgment. Merchants ProperttQs, in-- obtalned title to 50 White Street by two deeds, one on October 29. 1965 and one or. :gyp: it 11. 1967. The lot at 50 White Street is approximately 32.000 square feet In size and was conformhrig as to minimum lot size from its creation until 1980, when it was reclassified in the Commercial 1 district. Since that date, It has been ar. existing small lot. as the Commercial 1 lot size requirements have not fallen below 40.000 square feet, the present minimum lot size for commercial uses in that district. 1 From its for-na--- Met-g(!'A with the Merchants Properties, Tt,.n- was a�iFs.Ba "a f,l t- , ^ as that word is jer4, :71 bank building on the !ot in + a 0:-r m d adi,�'Ied al'. automolbile teller station and canopj, I,, -rl. 'T, h, e Bann cbtz!oed site plar, ar)C-ro%;, a: an a-ddit, n to the bank building In 1983. The Bank cbtatnp:' tlOe r,, 12 Whitl- Street on Dp-�M.ber 24. 1968, at which time the lot conta!npd a The for had been created In 1955 by division from a larger' par, -el, Part cf which is now 8 White Street. 12 White Street Is approximately 12.009 square Feat in sL?e and was conforming as to minimum lot size from its i-rle-atA10.1 +,--. 19064, and agalp. from October 1968 through March, 1974. Thus when the Bank acquired, the lot and when it tore down the dwelling in 1970, the lot was conforming as to size. The lot has been vacant since 1970. Merchants P-,•Operttec­ Inc. me-�ged with the Bank on July 25), 1979. The Bafik ub-Lained title to 1-0 White Street on December ILA, 1979 and to 8 White Street on June 30, 1981. The 8 White Street lot contains a dwelling house. The driveway to that house passei across the 10 White Street lot. which is otherwise vacant. The question or w.hether in, White Street merged with 8 White Street. in 1981 or at any tjn-,.e 9!ncT then, is not before the Court in this case. OL. -L- 0 �' ece e 9 12 White Street and ' 5' 1'-:- Street did not merge a,3 a, 'D m b r 2 4, 1 68, when the Bank obtained 12 Whilt-e- Street, because biotla 1194 White Street and 50 White Street were comPb,'Irig Lots as of that date. 12 White Street and 50 White Street did not merge as of 1970, when the 12 White Street lot became vptcAnt, because both 12 White Street and 50 White Street were complying lots as of that date. In 1974, the 12 White C-tree- lot became an existing small lot due to an increase In the minimum lot 54-Ze for the district In which It was then located. If the equivalent of the present §28.125 deflnitloa of "lot" Was In the City's regulations In 1974. then t1he 'lots did not merge as of t-hat date, because unlike 24 V.S.A. §4406(1), the City's deff-Iijti-n cf lot protects lots from merger if they are owned by two "lot owners." regardless of the degree of affiliation between the owners. Therefore, until the two corporations merged In 1979, the property was held by two "lot owners" and was protected from merger. The City's defM112tion --,f "lot" 1171 the prese;-it §28.125 also protects from -N merger two lots devoted t:7 two separate and approved uses under the zoning Sc Panlk's vested Street had been pij' when t,, Howevez-, tl-tt bank 'lost this C a dwelling and frakling the I c vac kint- As an undersized vacant iot, the 12 White Street lot could have coriLlin--.1ed 1, ex'stence and could have been developed under the terms of 24 0, Of t re 19 74 Zoning Regulations. and §25.111 of the present Z%0-� Regulations, had the Bank not also owned the contiguous lot. ?!-It +up e I 4A 91,1at'C'S and State statute balunce the overall purpose -of phas!!,S r-f, - 0C.;,- j 7 - I.., 1 1-6- of against a !andowner's right to continue the separate USe of a parcel. which has become nonconforming due to changes In the zoning regulations. When the contiguous land Is in a separate and and nonaff1hated ownership, it is protected fret m-z"gje. - :rust does not meet these criteria. it - u t be merged. In the present case, this merger occurred In 19791 when the two corporations merged. We note that 4-1113 e.,s ,Ict depend on the use of a rainimal portion of 12 White Street ror fl-h4e bank"- driveway, but on the fact that a single property owner cwne,,4. I - - r-C11t19U0us Pieces of property which became nonconforming as to size. We !il'so note that the exception In Wilcox v. Village of Manchester, 159 Vt. 193 (1992) i-S inapplicable, as there Is no physical Impediment to the functional use Of th,2 lets 5.3 a single. lot. The two lots never g . t 1,�ectlon 4 Of galned P-011- §25.111 or 24 V.S.A. g4406(1) because the test of that section Is whether the ownership is Individual, separate and non-affiliated. not wheth.p.r the uses are separate. Even before the two corporations merged, the BTxr-1,,N and Merchants Properties, were affiliated owners. Toda Y's dec.slon that W.-Llte Street merged with 519 I�Vhlte -Q*Ire-+--t In July of 1979, does not address whether the :'fanning Commission rrAy grant, a permit to sell some portion of 12 W'&".,Ite Street together with 8 and 10 White Street to Mr. The merger occurred In 197-1 1141 the equivalent of the present S^28.125 definition of "lot" was not In the Cftyls zoning regulm,-Jo,-, In 1974. The 1974 , 1 Regulations supplied to the 1'.o-urt dijd 110t.- inciude the t.ex+, Of the definition section, K r Handy, so long as that transaction would leave 50 White Street conforming{ ' to the current 40.M0 squ-;re '':: ,t -- ,, -.ti.. '.n`. size re i "'; is � :.ie_stion .� rement. is not before the court at this time. Therefore for Suzlra.ry Judgment is GRANTED and Appellee's Motion f,,), St Tr..T.3ry Judgment is DENIED in Docket Nos. E96-110 and E96-081. We will hold a t::iephone conference in Docket No. E96-137 shortly to determine how today's dec!slort affects the appeal of or the underlying application In that case. Done at Baz-re, .'ernv::t, i la 24tk day of J&nuary, 1997. Merideth Wright Environmental Judge 4 STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO BOX 1507 BURLINGTON, VERMONT 05402-1507 (902) 660-2555 (VOICFA DD) STE VEN F. S MIL FAX (902) 660-2552 PATTI R. PACE` JOSEPH S. MLLEAN (•MAO ADMWED M N.Y.) October 2, 1996 Honorable Merideth Wright Environmental Judge 149 State Street, Drawer 20 Montpelier, VT 05620-4201 Re: Appeal of Lee Zachary Docket No. E96-110 Dear Judge Wright: OF COUNSEL ARTHUR W. CERNOSIA ROBERT E. FLETCHER I am writing to respond briefly to Appellant's Response to Appellees' Motions for Summary Judgment and Oppositions to Appellant's Motion dated September 19, 1996, filed in the above - referenced matter. In paragraph 1 of his response, Appellant, Lee Zachary, states that "[t]he Motions of the opposing parties in this matter all assume that 12 White Street has become functionally part of the use of 8 White Street. That fact has not been agreed to by the parties, nor is it absolutely clear from the agreed facts or documents before the Court." That statement, alone, is sufficient to deny Appellant's motion for summary judgment. It is well established that the Court may only render summary judgment where it is shown "that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law." V.R.C.P. 56(c). Where unresolved issues of material fact exist, summary judgment is not appropriate. Gore v. Green Mountain Lakes, Inc., 140 Vt. 262, 264 (1981) ("[t]he movant must demonstrate that there are no material fact issues between the parties"). In this case, despite the filing of a stipulation of agreed facts, the parties appear to disagree on a material fact (i.e., whether 12 White Street has become functionally part of the use of 8 White Street), therefore summary judgment in favor of Appellant is not appropriate. Regarding the validity of §28.125 of the South Burlington Zoning Regulations, Appellant insists that that provision is inconsistent with 24 V.S.A. §4406(1) and, therefore, invalid. However, as the City notes in its prior memorandum, §4406 merely requires a municipality adopting zoning regulations to include in Honorable Merideth Wright Environmental Judge Page 2 October 2, 1996 those regulations a provision that substantially conforms to subsection (1). By enacting §25.111, the City has provided existing small lot owners with all of the protection mandated by §4406(1). The enabling act requires no more. Therefore, Appellant's argument regarding the validity of 528.125 is without merit. JSM/gmt cc: Joe Weith Austin D. Norman C. Robert J. SON385.COR By: Hart, Esq. Smith, Esq. Perry, Esq. Respectfully submitted, CITY OF SOUTH BURLINGTON STITZEL & PAGE, P.C. Jos ph S. McLean CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone # ) The Merchants Bank The Merchants National Bank, and Merchants Properties, Inc. 2) APPLICANT (name, address, phone # ) Gary W. Dean, Merchants Bank, 275•Kennedy Drive, South Burlington, VT 05403 3) CONTACT PERSON (name, address, phone # ) Stuart J. Morrow, t Civil Engineering Associates, Inc., P.O. Box 485, Shelburne, VT 05482, 985-2323 4) PROJECT STREET ADDRESS: 50 White Street 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) Branch Bank - Reapprove Site Plan 1 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) 2,570 square feet 8) NUMBER OF EMPLOYEES 6 maximum 9) LOT COVERAGE: building 9 %; landscaped areas__-QX building, parking, outside storage 70 % 10) COST ESTIMATES: Buildings $ -0- , Landscaping $ -0- Other Site Improvements (please list with cost) $ -0- 11) ESTIMATED PROJECT COMPLETION DATE: N/A 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. 2-3 p.m. 3-4 p.m. 4-5 p.m. 5-6 p.m. 6-7 p.m. 13) PEAK HOURS OF OPERATION: Friday PM 4:00 - 5:00 • 14 ) PEAK DAYS OF OPERATION: Friday DATE aNATtJR9 "r'F APPLIFA, ""n-n DATE OF HSARIN0 PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 17 ) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20.foot scale if possible). Location of streets, a utting properties, fire hydrants, existing buildings, existing la dscaping. Existing and proposed c rb cuts, pavement, walkways. Proposed landscaping pl n (number, variety and size) equal to or greater than the require amount in the Zoning Regulations. Number and location of P rking Spaces: (9' x 181) with 22 or 24 foot aisles as required. r Number and location of ha dicapped s aces as required. (see Table 26-1 of zoning regulations . Location of septic tanks (i� appli4ble). Location of any easements. Lot coverage information: Bu ldi g footprint, building, parking, and outside storage, landscape reas and front yard. Location of site (street # and North arrow Name of person or firm prepar*g site plan and date. STEVEN F. SITT7ZL PATn R. PAGE' JOSEPH S. McLEAN ('ALSO ADMnTW IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICUIUD) FAX (802) 660-2552 June 12, 1996 Judith C. Whitney, Clerk Vermont Environmental Court 149 State Street, Drawer 20 Montpelier, VT 05620-4201 Re: In re: The Merchants Bank 50 White Street So. Burlington, VT Dear Judy: OF COUNSEL ARTHUR W. CERNOSIA ROBERTE. FLEI'CHER Enclosed for filing with the Court please find my Entry of Appearance, relative to the above -referenced matter. Sincerely, Joseph S. McLean JSM/maf Enclosure cc: Norman C. Smith, Esq. Austin D. Hart, Esq. Robert Perry, Esq. Raymond J. Belair SON3061.COR #4084 STATE OF VERMONT ENVIRONMENTAL COURT IN RE: THE MERCHANTS BANK, ) ENVIRONMENTAL COURT 50 WHITE STREET ) DOCKET NO. SO. BURLINGTON, VT ) NOW COMES JOSEPH S. McLEAN, of the firm of Stitzel & Page, P.C., and hereby enters his appearance in the above -referenced matter by and on behalf of the City of South Burlington. Dated at Burlington, Vermont, this 12th day of July, 1996. SONS/3.LTT #96-40©4 �TITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 I{ATrmn' STREET WILINGTON, VERMONT 05101 STITZEL & PAGE, P.C. Attorneys for the City of South Burlington By: J seph S. McLean, Esq. STEVEN F. STITZEL PATI1 R. PAGE* )OSEPH S. WLEAN (•AM ADmmED INN.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO BOX 1507 BURLINGTON, VERMONT 05402-1507 (602) 660-2555 (VOICE?DD) FAX (802) 660-2552 June 12, 1996 Judith C. Whitney, Clerk Vermont Environmental Court 149 State Street, Drawer 20 Montpelier, VT 05620-4201 Re: Appeal of Lee Zachary Re: The Merchants Bank 50 White Street, So. Burlington, VT Docket No. E96-081 Dear Judy: OF COUNSEL ART14UR W. CERNOSIA ROBERT E.FLETCHER Enclosed for filing with the Court please find my Entry of Appearance, relative to the above -referenced matter. Sincerely, oseph S. JSM/maf Enclosure cc: Norman C. Smith, Esq. Austin D. Hart, Esq. Robert Perry, Esq. Raymond J. Belair SON3060.COR McLean STATE OF VERMONT ENVIRONMENTAL COURT IN RE: APPEAL OF LEE ZACHARY ) RE: THE MERCHANTS BANK, ) ENVIRONMENTAL COURT 50 WHITE ST. ) DOCKET NO. E96-081 SO. BURLINGTON, VT ) ENTRY OF APPEARANCE NOW COMES JOSEPH S. McLEAN, of the firm of Stitzel & Page, P.C., and hereby enters his appearance in the above -referenced matter by and on behalf of the City of South Burlington. Dated at Burlington, Vermont, this 12th day of July, 1996. SON372.LIT #96-3972 STITI,E , & PAGE, P.C. ATTORNI',YS AT LAW 171 11A'F1'I;RY STREET BURLINGTON, VERMONT 05401 STITZEL & PAGE, P.C. Attorneys for the City of South Burlington By: �1 rtAAd( Jo)ph S. McLean, Esq. City of South Burtington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 11, 1996 Stuart Morrow Civil Engineering Associates, Inc. P.O. Box 485 Shelburne, Vermont 05682 Re: Site Modifications, 50 White Street Dear Mr. Morrow: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the approved referenced project approved by the Planning Commission on May 7, 1996. Please note the conditions of approval including the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, JW/mcp 1 Encl please gi me a call. Sin erel Jo Weith, City Planner STEVEN F. SITiZEL PATTI R. PAGE' JOSEPH S. McLEAN ('ALSO ADMIIfD IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STRUT PO BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICUMD) FAX (802) 660-2552 June 6, 1996 Judith C. Whitney, Clerk Vermont Environmental Court 149 State Street, Drawer 20 Montpelier, VT 05620-4201 Re: Appeal of Lee Zachery Re: The Merchants Bank 50 White Street, So. Burlington, VT Docket No. E96-081 Dear Judy: OF COUNSEL ARTHM W. CERNOSIA ROBERT E.FLETCHER Enclosed please find a Notice to Interested Parties and Certificate of Service for filing with the Court, relative to the above -referenced matter. Sincerely, L " /seph S. McLean JSM/maf Enclosures cc: Norman C. Smith, Esq. Raymond J. Belair All Interested Parties SON3028.COR t SI'ITZEL & PAGF;, P.C. ATTORNEYS AT LAW 17I It A'I"I'P;uY 5I'HI:I?'I' HUMAN VI•; I2 MONT(1M0I STATE OF VERMONT ENVIRONMENTAL COURT IN RE: APPEAL OF LEE ZACHARY ) RE: THE MERCHANTS BANK, ) ENVIRONMENTAL COURT 50 WHITE ST. ) DOCKET NO. E96-081 SO. BURLINGTON, VT ) I, Joseph S. McLean, hereby certify that I served a Notice to Interested Parties upon all interested parties, by placing a copy in the U.S. Mail, postage pre -paid this 6th day of June, 1996, addressed to the following: Stuart J. Morrow Civil Engineering Associates, Inc. P.O. Box 485 Shelburne, VT 05482 Rex Bell Cay, Bell & Companies, Inc. P.O. Box 2092 West Brattleboro, VT 05303 Austin Hart, Esq. Dinse, Erdmann, Knapp & McAndrew P.O. Box 988 Burlington, VT 05402-0988 James Carrol 42 Hercules Drive Colchester, VT 05446 Eric Farrell Coburn & Feeley P.O. Box 923 Burlington, VT 05402-0923 Dated at Burlington, in the County of Chittenden and State of Vermont, this 6th day of June, 1996. STITZEL & PAGE, P.C. Attorneys for City of South Burlington Jo ph S. McLean, Esq. SON362.LIT STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO BOX 1507 BURLINGTON. VERMONT 05402-1507 (802) 660-2555 (VOICEIFDD) STEVEN F. STCIZEL FAX (802) 660-2552 OF COUNSEL PATiI R. PAGE" ART14UR W. CERNOSIA ROBERT E. FLMHER JOSEP14 S. M.LEAN ('ALSO ADhgr= INN Y) NOTICE TO INTERESTED PARTIES TO: Interested Parties FROM: Joseph S. McLean, Esq. Attorney for City of South Burlington RE: In re: Appeal of Lee Zachary Environmental Court Docket No. E95-081 DATE: June 6, 1996 This is to notify you that Lee Zachary has filed an appeal to the Vermont Environmental Court of the South Burlington Planning Commission's approval of the site plan application of The Merchants Bank to amend a previously approved site plan for a bank with drive -through service. This case has been assigned Environmental Court No. E95-081. If you wish to participate in this case, please contact the Environmental court within twenty (20) days of the date of this notice. The Environmental Court's address is: Vermont Environmental Court 149 State Street, Drawer 20 Montpelier VT 05620 Tel. No.: 802-828-3192 SON158.FOR City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 6, 1996 Stuart J. Morrow Civil Engineering Associates, Inc. P.O. Box 485 Shelburne, Vermont 05482 Re: Site Modifications, 50 White Street Dear Mr. Morrow: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the May 7, 1996 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that you obtain a zoning permit within six (6) months or this approval is null and void. If you have any questions, please give me a call. i erel , J Weith, C y Planner JW/mcp 1 Encl STEVEN F. SITI-LEL PATH R.PAGE• JOSEPH S. McLEAN (-ALAO ADA MED RI N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICErMD) FAX (802) 660-2552 May 23, 1996 Judith C. Whitney, Clerk Vermont Environmental Court 149 State Street, Drawer 20 Montpelier, VT 05620-4201 Re: In re: The Merchants Bank, 50 White Street, So. Burlington, VT Dear Judy: OF COUNSEL ARTHUR W. CERNOSIA ROBERT E. FLEMHER Enclosed please find a Notice of Appeal together with the requisite $150.00 filing fee, relative to the above -referenced matter. If you have any questions, please do not hesitate to contact me. Sincerely, Joseph S. McLean JSM/maf Enclosures cc: Norman C. Smith, Esq. Raymond J. Belair SON3017.COR IN RE: THE MERCHANTS BANK ) 50 WHITE STREET ) SO. BURLINGTON, VT ) NOTICE OF APPEAL Notice is hereby given that Lee Zachary hereby appeals to the Vermont Environmental Court the decision of the South Burlington Planning Commission on May 7, 1996, with respect to the Site Plan Application and Boundary Adjustment Request of The Merchants Bank for 50 White Street, South Burlington, Vermont. DATED at Burlington, Vermont, this 17th day of May, 1996. Norman C. Smith, Esq. Attorney for Lee Zachary Bergeron, Paradis, Fitzpatrick & Smith 27 Main Street P.O. Box 925 Burlington, VT 05402-0925 (802) 863-1191 NCS\Zachary.App LAW OFFICES BERGERON. PARADIS FITZPATRICK & SMITH JOHN J. BERGERON VINCENT A. PARADIS EDWARD D. FITZPATRICK NORMAN C. SMITH PRISCILLA B. DUBE DOUGLAS G. KALLEN DANIEL P. O'ROURKE OFCOUNSEL: JOYCE H.ERRECART May 17, 1996 BERGERON, PARADISE FITZPATRICK & SMITH ATTORNEYS AT LAW 27 MAIN STREET P.O. BOX 925 BURLINGTON, VERMONT 05402 (802)863-1191 FAX (802) 863-5798 Terrence Sheahan, Clerk South Burlington Planning Commission c/o South Burlington Planning Office 575 Dorset Street So. Burlington, VT 05403 ESSEX JUNCTION OFFICE 34 PEARL STREET P.O. BOX 174 ESSEX JUNCTION, VERMONT 05453 (802)879-6304 FAX (802) 879-6533 REPLY TO P.O. BOX 925 BURLINGTON, VT 05402 HAND DELIVERED Re: Site Plan Application of The Merchants Bank 50 White Street, So. Burlington, VT 05403 Dear Mr. Sheahan: Enclosed is our Notice of Appeal for filing with respect to the above. Our check in the amount of $150.00 is also enclosed for the filing fee. Very truly yours, Norman C. Smith, Esq. NCS/hhf Enclosure cc: Lee Zachary Austin D. Hart, Esq. IN RE: THE MERCHANTS BANK ) 50 WHITE STREET ) SO. BURLINGTON, VT ) NOTICE OF APPEAL Notice is hereby given that Lee Zachary hereby appeals to the Vermont Environmental Court the decision of the South Burlington Planning Commission on May 7, 1996, with respect to the Site Plan Application and Boundary Adjustment Request of The Merchants Bank for 50 White Street, South Burlington, Vermont. DATED at Burlington, Vermont, this 17th day of May, 1996. Norman C. Smith, Esq. Attorney for Lee Zachary Bergeron, Paradis, Fitzpatrick & Smith 27 Main Street P.O. Box 925 Burlington, VT 05402-0925 (802) 863-1191 NCS\Zachary.App LAW OFFICES BERGERON, PARADIS FITZPATRICK & SMITH PLANNING COMMISSION 7 MAY 1996 PAGE 2 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plat shall be submitted to the City Planner prior to recording, a. The plat shall be revised to include the stamp and signature of the land surveyor. 3. Any change to the plat shall require approval by the South Burlington Planning`Com- mission. 4. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recording. Mr. Teeson seconded the motion which was then passed unanimously. 4. Continued site plan application of Merchants Bank to amend a previously approved site plan for a bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive -through service and revising the parking layout, 50 White Street: Mr. Bell said the bank owns #8, 10, and 12 on White Street and also 50 White Street. The city approved a plan which was slightly different from what was built. In the process of considering a piece of the land, they found an encroachment onto the adjacent lot and also coverage of the lot at 50 White Street in excess of what was approved. The bank would like to deal with the encroachment with a boundary line adjustment. To deal with the coverage issue, they want to shave off a portion of the pavement in back. This would bring coverage down to what was approved. The also want to put a door in back of the building and restripe parking to add a handicapped space near the new door. They currently have 23 parking spaces but are required to have only 14. The additional spaces are utilized. Mr. Teeson asked if this is a non -conforming lot. Mr. Weith said it is but the City Attorney says that as long as the amount of coverage on the lot does not exceed what was approved, he didn't see it as a problem. Mr. Hart of Merchants Bank said they are asking the Commission"to decide that this PLANNING COMMISSION 7 MAY 1996 PAGE 3 lot has not merged into 8-10-12 White Street. The lots have been under separate uses. He asked that the Commission specifically incorporate a conclusion that lot 50 is a separate lot as far as the Planning Commission is concerned. He gave the Commission a copy of the language the bank would like to have included. Mr Weith said he would have to discuss this with the City Attorney before the findings of fact are signed. Mr. Teeson noted that essentially there never was compliance with the approvals and asked if this made a difference. Mr. Weith said he didn't think it did. Mr. Hart said the original application was done without a survey and the encroachment was was not intentional. Mr. Smith, representing Lee Zachary, said they still feel the lots have merged. The Bank has not complied with the 1983 approval, and he didn't feel the lots could be "unmerged" by fixing it now. Mr. Smith noted that he had written to the Zoning Administrator on 9 April asking whether the lots have merged. The Zoning Administrator said this was being decided by the Planning Commission. Mr. Smith said they are appealing the Zoning Administrator's decision to the Zoning Board. Ms. Barone then moved the Planning Commission approve the site plan application of Merchants Bank to amend a previously approved site plan for bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive - through service, 50 White Street, as depicted on a plan entitled "Boundary Adjustment Plat Between the Properties of the Merchants Bank, The Merchants National Bank and Merchants Properties, Inc., South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., dated January, 1996, last revised April 17, 1996, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line Any change in lighting shall be approved by the City Planner prior to installation. 3 The applicant shall obtain a zoning Wrmit for the site modifications within six months or this approval is null and void. 4 The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the site modifications. 5. Any change to the site plan shall require approval by the South Burlington Planning Commission. Mr. Beaudin seconded. Motion passed unanimously. PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 May 22, 1996 Joe McLean, Esquire Stitzel & Page, PC P.O. Box 1507 Burlington, Vermont 05402-1507 Re: Notice of Appeal, Merchants Bank, 50 White Street Dear Joe: ZONING ADMINISTRATOR 658-7958 Enclosed please find the following documents relating to the above referenced matter: 1. Original Notice of Appeal received on 5/17/96 at 1:45 P.M. 2. Copy of cover letter from Norman Smith, Esquire to Terrence Sheahan dated May 17, 1996. 3. Check in the amount of $150 made out to the Environmental Court. 4. Minutes of the May 7, 1996 Planning Commission meeting (not yet approved). 5. List of interested persons participating in this matter. If you have any questions, RJB/mcp Encls please give me a call. Sincer, y, Raym J. Belair, Zoni and Planning Assistant 5/22/96 INTERESTED PERSONS 1. Stuart J. Morrow Civil Engineering Associates, Inc. P.O. 485 Shelburne, Vermont 05482 2. Rex Bell Cay, Bell & Companies, Inc. P.O. Box 2092 West Brattleboro, Vermont 05303 3. Austin D. Hart, Esquire Dinse, Erdmann, Knapp & McAndrew P.O. Box 988 Burlington, Vermont 05402-0988 4. Lee Zachary 1891 Williston Road South Burlington, Vermont 05403 5. James Carrol 42 Hercules Drive Colchester, Vermont 05446 6. Eric Farrell Coburn & Feeley P.O. Box 923 Burlington, Vermont 05402-0923 M�KtNnn1T5 �'ihN� SEC So c-z,-� i&) �-4n1 G-u-AG-E m4c nu�'r 3 —/ JOHN M. DINSE, COUNSEL ROBERT H. ERDMANN SPENCER R. KNAPP KAREN MCANDREW BARBARA E. CORY ROBERT R. MCKEARIN JAMES W. SPINK JOHN D. MONAHAN, JR. EMILY R. MORROW RITCHIE E. BERGER AUSTIN D. HART SAMUEL HOAR, JR. Dinse, Erdmann, Knapp & McAndrew, P.c. ATTORNEYS AT LAW 209 BATTERY STREET P. O. BOX 988 BURLINGTON, VERMONT 05402-0988 TELEPHONE FACSIMILE 802-864-5751 802-862-6409 May 7, 1996 City of South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 Re: Merchants Bank/50 White Street --Application for Site Plan Approval Dear Commissioners: STEVEN L. KNUDSON NOAH PALEY SANDRA A. STREMPEL MOLLY K. LEBOWITZ PIETRO J. LYNN PHILIP C. WOODWARD SUSAN J. FLYNN JEFFREY J. NOLAN DOUGLAS D. LE BRUN SHAPLEIGH SMITH, JR. JEFFREY J. MCMAHAN I am writing this letter on behalf of The Merchants Bank in support of the pending application for site plan approval for 50 White Street. The specific purpose of this letter is to respond to legal objections that have been raised to approval of the site plan application. 50 White Street Has Not Merged With 12 White Street The Merchants Bank has been using the lot at 50 White Street as a bank branch since some time prior to 1983. In 1983, the Bank received site plan approval from the Planning Commission for an addition to the White Street branch. Throughout this period of time, the lots located at 8 White Street, 10 White Street, and 12 White Street have been used for separate residential uses. Section 28.125(b)(2) of the South Burlington Zoning Regulations provides that contiguous lots owned by the same owner that do not comply with minimum lot size requirements shall not be merged into a single lot if the lots are devoted to uses approved as separate uses under the South Burlington Zoning Regulations and if the uses are conducted in compliance with the terms and conditions of the approvals granted. Under Section 28.125(b)(2), the 50 White Street lot does not merge into the adjacent 12 White Street lot or 8 White Street lot. The Bank's use of 50 White Street has complied in all material respects with all approvals granted by the City of South Burlington. This is true notwithstanding the fact that the Bank has recently discovered that a portion of its driveway encroaches onto the 12 White Street lot. The 1983 site plan did not show the encroachment because the Bank relied on the tax map, which showed that the Bank had sufficient distance between the existing building and the property line to construct the driveway and comply with all applicable set -backs. It was only when the Bank performed the full survey that it discovered the encroachment. LAW OFFICES OF Dinse, Erdmann, Knapp & McAndrew, P.C. City of South Burlington Planning Commission May 7, 1996 Page 2 This inadvertent and minor encroachment does not constitute the kind or degree of non- compliance that would justify merging 12 White Street and 50 White Street into a single lot. Furthermore, the boundary adjustment applicatiion that is currently pending will cure the encroachment issue. In conducting the survey, the Bank also discovered that its lot coverage at 50 White Street exceeds the 19,200 square foot lot coverage approved in the 1983 site plan. Consequently, after consulting with staff at the Planning Office, the Bank has revised the site plan to eliminate paving in the parking area to bring the site plan in line with the 1983 site plan approval. The revised site plan shows 19,200 square feet of lot coverage. The Bank accomplishes this without losing any parking spaces. The proposed site plan ensures that the lot will continue to be used in compliance with all approvals from the City. No Expansion of Non -Conforming Use Approval of the revised site plan, together with the boundary adjustment, will not constitute any expansion of a non -conforming use. As indicated on the site plan, the boundary adjustment will not change the size of either the lot at 50 White Street or the lot at 12 White Street. The small portion of the lot at 12 White Street that is being added to the lot at 50 White Street is balanced by the small portion of the lot at 50 White Street that is being added to the lot at 12 White Street and 8 White Street. Furthermore, nothing is being added to the facilities at 50 White Street that will allow any more intense use of the property than what was approved in 1983. On the contrary, as discussed above, the revised site plan will result in a decrease in lot coverage by reducing the size of the parking area. In considering this issue, the Planning Commission should keep in mind that the Zoning Regulations allow the alteration or increase of a non -conforming structure by up to 25 % of fair market value. I understand that the Planning Commission will issue a written decision incorporating its findings of fact and conclusions of law. It is important to the Bank that those findings and conclusions clearly reflect the Planning Commission's findings and conclusions that the lot at 50 White Street has not merged with any of the lots at 8 White Street, 10 White Street, or 12 White Street. Accordingly, the Bank requests that the Planning Commission include the following findings and conclusion in its written decision. LAW OFFICES OF Dinse, Erdmann, Knapp Br- McAndrew, P.c. City of South Burlington Planning Commission May 7, 1996 Page 3 The lot at 50 White Street is devoted to a use approved as a separate use under the South Burlington Zoning Regulations. The use of 50 White Street as a bank branch has been in substantial compliance with the terms and conditions of approvals granted, including the 1983 site plan approval. Provided that the Bank complies with the terms and conditions of this site plan approval, the Planning Commission finds and concludes that the lot at 50 White Street exists as a separate, independent, and approved lot that has not merged with any of the lots at 8 White Street, 10 White Street, and/or 12 White Street. Thank you for your attention to this matter. Sincerely, DINSE, ERDMANN, KNAPP & McANDREW, P.C. Austin D. Hart ADH:Ism cc: Rex Bell s: \... \caybelhweith. 507 5/7/96 JW MOTION OF APPROVAL MERCHANTS BANK I move the South Burlington Planning Commission approve the site plan application of Merchants Bank to amend a previously approved site plan for bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive - through service, 50 White Street, as depicted on a plan entitled "Boundary Adjustment Plat Between the Properties of The Merchants Bank, The Merchants National Bank and Merchants Properties, Inc., South Burlington, Vermont", prepared by Civil Engineering Associates, Inc. dated January, 1996, last revised April 17, 1996, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 3. The applicant shall obtain a zoning permit for the site modifications within six (6) months or this approval is null and void. 4. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the site modifications. 5. Any change to the site plan shall require approval by the South Burlington Planning Commission. 5/7/96 JW MOTION OF APPROVAL MERCHANTS BANK I move the South Burlington Planning Commission approve the site plan application of Merchants Bank to amend a previously approved site plan for bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive - through service, 50 White Street, as depicted on a plan entitled "Boundary Adjustment Plat Between the Properties of The Merchants Bank, The Merchants National Bank and Merchants Properties, Inc., South Burlington, Vermont", prepared by Civil Engineering Associates, Inc. dated January, 1996, last revised April 17, 1996, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 3. The applicant shall obtain a zoning permit for the site modifications within six (6) months or this approval is null and void. 4. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the site modifications. 5. Any change to the site plan shall require approval by the South Burlington Planning Commission. PLANNING COMMISSION 9 April 1996 page 2 mission agreed to hear the applications as the first item on the 7 May work session agenda. 4. Continued site plan application of Gabe Handy to 1) raze a single family dwelling, and 2) construct. a 60-room motel on a 0.83 acre parcel of land, 8-10-12 White Street: Messrs. Burgess, Crow and Austin said they would have to step down on this item due to a conflict of interest. That would result in only 3 members remaining on the Board to hear the application. Since a quorum of the Commission is required, members agreed they could not hear the item at this meeting. Mr. Sheahan moved that the a22lication be continued to 7 May. Ms. Barone seconded. Motion passed 3-0 with Messrs. Burgess, 5. Continued site plan application of Merchants Bank to amend a previously approved site plan for a bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive -through service, 50 White Street: Messrs. Burgess, Crow and Austin could not participate in this application due to a conflict of interest. Since a quorum of the Commission would be required to hear the item, members agreed that the application would have to be postponed. Mr. Sheahan moved that the a Ms. Barone seconded. Motion Crow and Austin abstaining. Dlication be cont -0 with Messrs. Burgess 6. Site plan application of Champlain Valley Sunoco to convert 175 sq. ft. of a service station with a car wash use to convenience store use, 1143 Williston Rd: Mr. Isham said he took over as dealer on 1 January 1996. He said they would be increasing the amount of space where things are sold. In the past this area was a front office where chips, soda and candy were sold. Now they will add other items to these. They have gotten a second class liquor license. Mr. Sheahan asked if they will still maintain the service bay. Mr. Isham said they would. Ms. Barone asked if there is enough room for the 14 parking spaces that should be on the plan but are not shown. Mr. Isham said there is plenty of room. Mr. Sheahan said his main concern is traffic. The applicant is above the allowable number of trip ends and has not proposed 4/9/96 JW MOTION OF APPROVAL MERCHANTS BANK I move the South Burlington Planning Commission approve the site plan application of Merchants Bank to amend a previously approved site plan for bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive - through service, 50 White Street, as depicted on a plan entitled "Boundary Adjustment Plat Between the Properties of The Merchants Bank, The Merchants National Bank and Merchants Properties, Inc., South Burlington, Vermont", prepared by Civil Engineering Associates, Inc. dated January, 1996, last revised February 1, 1996, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 3. The applicant shall obtain a zoning permit for the site modifications within six (6) months or this approval is null and void. 4. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the site modifications. 5. Any change to the site plan shall require approval by the South Burlington Planning Commission. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 25, 1996 Stuart J. Morrow Civil Engineering Associates, Inc. P.O. Box 485 Shelburne, Vermont 05482 Re: Site Modifications, 50 White Street Dear Mr. Morrow: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the April 9, 1996 Planning Commission meeting minutes. If you have any questions, please give me a call. ,pin ea Jo Weith, City Planner JW/mcp 1 Encl Memorandum May 7, 1996 May 3,1996 Page 2 Other: - Planning agenda items --- the final plat plan should be stamped and signed by the land surveyor. 4) MERCHANTS BANK - SITE MODIFICATIONS - SITE PLAN This application was continued from the April 9, 1996 meeting (minutes enclosed) due to the lack of quorum at that meeting for this particular item. This project consists of amending a previously approved site plan for a bank with drive -through service and revising the parking layout. It was discovered that a portion of the drive -through lane encroaches onto the adjacent property (i.e., 12 White Street). The applicant is proposing a boundary line adjustment to correct the situation. This boundary line adjustment requires only administrative approval, it does not require Planning Commission approval. Since the site plan for the Merchant's Bank property is somewhat different from the original plan approved on 10/25/83, it requires Planning Commission approval to amend. This property located at 50 White Street lies within the Cl District. It is bounded on the north by a residential/commercial complex, on the west by a single family dwelling (proposed to be developed with a motel), on the east by a post office on the south by White Street. Access/circulation: Access is provided by a 24 foot curb cut and a 47 foot curb cut on White Street. A 27 foot wide access to the post office also exists. No changes proposed to these accesses. Circulation is adequate. Coverage/setbacks: Building coverage is 9.2% (maximum allowed is 30%). Overall coverage is being reduced from 71.5% to 69% (maximum allowed is 70%). Front yard coverage is 70% (maximum allowed is 30%). This is an existing situation which will not be made worse by this application. The existing bank building does not meet the front yard setback requirement and is therefore a noncomplying structure subject to the limitations of Section 26.002 of the zoning regulations. K Memorandum - Planning May 7, 1996 agenda items May 3, 1996 Page 3 Parking: A total of 14 parking spaces are required and 23 spaces including one (1) handicapped spaces are available. The revised parking lot layout meets the dimensional standards. Dumpster: The dumpster storage area will be screened. 5) GABE HANDY - 60 ROOM MOTEL - SITE PLAN This application was continued from the April 9, 1996 meeting (minutes enclosed) due to the lack of a quorum at that meeting for this particular item. This project consists of: 1) razing a single family dwelling, and 2 ) constructing a 4-story 60 room motel on a 0.83 acre parcel of land. This property located at 8-10-12 White Street lies within the Cl District. It is bounded on the west by a restaurant, on the north by multi -family dwellings, on the east by a bank with drive -through service, and on the south by White Street. Access/circulation: Access is provided by a 24 foot wide ingress and egress curb cut on White Street. The plan shows an 18 foot future access to the Zachary's and Merchants Bank properties as discussed at the March 12, 1996 meeting. Staff recommends that the future connection to Zachary's should be shown in the northwest corner of the property. A circuitous connection through the property will better discourage cut -through traffic. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 16.9% (maximum allowed is 30%). Overall coverage is 68.4% (maximum allowed is 70%). Front yard coverage is 29% (maximum allowed is 30%). Applicant should also provide overall coverage information for the site assuming the connections are made to the two (2) adjoining lots. Applicant should assure that the 70% maximum coverage will still be met. Setback requirements are met. Additional setback requirements are needed because the building is five (5) feet higher than allowed (see discussion on building height). This building meets the added setback requirements. 3 f S 07• I0' 55 - E 1 �� SEE NOTE 5 -> -- f 2.11. 1 5 07. 10' 55" E 6AsP LO/ Z\ a, a � N O O\ C� lS 07•l9'00"E1 \ f1.26'1 10 WHITE STREET THE MERCHANTS BANK VOL. 158 PGS. 125 - 126 VOL. 28 PG. 31 PLAN r 50 SEE NOTE 4— u 6M^IL 02 J S 66. 08' 45" W 6,00, D DRIVE >o m m, w m SEE NOTE 6 iTE9 TOTAL A3 ACRES SEE 2 12 WHITE STREET Iz THE MERCHANTS NATIONAL BANK 0 0 O o VOL. BB PG. 394 a o VOL. 80 PG. 40 PLAN o N 25.26'15" W 6 0.90 R>7500 ow 02 fN 77'I0'S0"E1 Kl�+ (0.4 1 - - NOTE 7 !NOS 57' 20 N 05. 57' 20" �/' - —(1J4.91' )— / 41.98' ---- z N 01' 31' 45" E gQ1USTED 50UNQ4RY LINE T 59.24' OMERCHANTS PROPERTIES, INC. m VOL.78 PG.89 ` m VOL. 85 PG. 254 N VOL. 80 PG. 56 PLAN N 05.52"20" W u. 0.64 ACRES 81.88, i \ .SEE NOTE 9 O a T Oc \ FOUR NEW PQN'(W G SPACES 4� m 1 O 0 ��— EXISTING DRIVE _ ` t \ AND PARKING -�-� PROPOSED AE'W _ EN TRAACE AAQ BANK FOUR FOOT v .. V o r S (IYNATE EX SLY PARKWG SPACES WALKS /� TWO MEW PARXWG SPACES ASRTRONOMICqL SEE NOTE2 I NORTH LEE ZACHARY VOL. 211 PGS. 246 - 247 _ SO4'41'C 168.85' LEGEND: ---- PROPERTY LINE FORMER PROPERTY LINE TIE LINE CURB LINE POWER POLE 0 IRON PIPE WITH SIZE FOUND O 5/8" REBAR WITH SURVEY MARKER TO BE SET OH HANDICAP PARKING LIGHT POLE H m ­`EU�-IVEU APR 1 8 1996 8 WHITE STREET THE MERCHANTS BANK VOL. 175 PGS. 63 - 65 x -' South Burlington =1 3. WAin,lon i LOCATION MAP-. SCALE I" = 3520' 2 NOTES: L THE BOUNDARY SURVEY WAS PERFORMED WITH A THEODOLITE, ELECTRONIC DISTANCE METER, AND A STEEL TAPE. 2. THE BEARINGS ARE REFERENCED TO ASTRONOMICAL NORTH DETERMINED BY SOLAR OBSERVATIONS ON JANUARY II, 1996. 3. WHITE STREET RIGHT OF WAY WAS ASSUMED AT 49.50 FEET WIDE DETERMINED BY EXISTING MONUMENTATION AND THE TRAVELED PORTION. 4. THIS JOG IS BASED ON THE RECORD DESCRIPTION IN VOL. 35 PG. ' 539. H. B E. B. 5. NO.8 WHITE STREET HAS A RIGHT OF WAY OVER THIS AREA, allo REFERENCE VOL.35 PG.539. BENSEN 6. THE CITY OF SOUTH BURLINGTON RECOGNIZES THAT THESE VOL. 88 PG. 120 THREE INDIVIDUAL PARCELS ARE NOW CONSIDERED ONE VOL. 80 PG. 88 PLAN PARCEL. 7.A RECORDED EASEMENT WAS NOT LOCATED FOR ANY OF THE HEMOVE PAVEMENT Z W/TWN THE DASHED OVERHEAD UTILITY LINES. AREA, TOPSOA- AND I\p SEED ? l0, 8. THE PARCELS SHOWN ARE IN THE COMMERCIAL I ZONING DISTRICT. 9. THE BOUNDARY ADJUSTMENT DOES NOT CHANGE THE NET AREA OF EITHER PARCEL. IrnSTOCKADE FRONT YARD COVERAGE FRONT YARD AREA > 6000 sq. ft. BUILDINGS 4 PVMT. = 1820 sq. ft. TOTAL FRONT YARD COVERAGE = 70% PROPOSED WOOD FENCE LOT COVREAGE M. H. PARSONS AND SONS LUMBER CO. VOL. 85 PGS. 255 - 256 8 - 10 -12 WHITE STREET BUILDINGS 1790 sq. ft, PAVEMENT 2845 sq, ft. TOTAL 4635 sq.ft..- 13% MERCHANTS BANK PARCEL P�Opgap BUILDINGS 2570 sq. ft. 2570 sq. it. WALKS 580 sq. ft. 580 sq. ft. PAVEMENT 16,800 sq. ft.. 16,000 sq. it. TOTAL 19,950 sq. ft. - 71.5 % 19.200— 0 Q tT-6F% 70 I lO 1 O 40 0 0 GRAPHIC SCALE BOUNDARY ADJUSTMENT PLAT BETWEEN THE PROPERTIES OF THE MERCHANTS BANK, 4/17/96 s„s, PAMOMSSCHEME- PROPOSEDENTRANCE THE MERCHANTS NATIONAL BANK 2/OI/" &JM PAWNGSCHEME, tlOU/DARYADJUSTMFJ/T AND MERCHANTS PROPERTIES, INC.. I CERTIFY THAT THIS PLAT IS BASED ON Date Ch'k'd Revision SOUTH BURLINGTON VERMC RECORD RESEAR04 FIELD EVIOENLf, MHO JAM. 1996 City of So. Burlington OTHERPERMEN WITHTIERUOATKMENTS Drawn by Date SHEET OF V.S 27SE THE 1403. EAfENTS CIVIL ENGINEERING ASSOCIATES, INC. OF vsAt z7SECT1oNI4oJ. Checked by SJM Scale I"' = 20'$N SHELBURNE VERMONT Approved by Project No. 95318 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 3, 1996 Stuart J. Morrow Civil Engineering Associates, Inc. P.O. Box 485 Shelburne, Vermont 05482 Re: Site Modifications, 50 White Street Dear Mr. Morrow: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski, and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, May 7, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. i cerely, . l� Jo Weith, Ci y Planner JW/mcp Encls State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist April 15, 1996 Ther Merchants National Bank c/o Cay, Bell & Companies, Inc. P.O. Box 2092 Brattleboro, VT 05303 Dear Applicant: AGENCY OF NATURAL. SOURCES Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802)879-6563 Subject: Application for Homestead Exemption, 12 White Street in the city of South Burlington, Vermont. Pursuant to 2.02.B and 2.02J of the Environmental Protection Rules; we have reviewed your application received by this office on March 14, 1996 and have determined it to be incomplete and therefore inadequate for review. Please submit the following items to complete your application: 1. A letter was sent to you on March 18, 1996 requesting that a Deferral of Permit application be submitted for the above referenced lot. I have not received the application for the Deferral of Permit as of the date of this letter. This letter does not acknowledge receipt of your filing as an application, and the comments above do not constitute a technical review of the substance of your filing. This is only an initial review for completeness. We are returning your application package. When we receive the above cited information we will notify you that the application has been accepted and the complete technical review will then follow. S'ncerely, ene Roberg Administrative Secretary Enclosures c South Burlington Planning Commission South Burlington City Council Civil. Engineering Associates City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 April 15, 1996 Stuart J. Morrow Civil Engineer Associates, Inc. P.O. Box 485 Shelburne, Vermont 05482 Re: Site Modifications, 50 White Street Dear Mr. Morrow: ZONING ADMINISTRATOR 658.7958 Enclosed is a copy of the March 12, 1996 Planning Commission meeting minutes. If you have any questions, please give me a call. erel Jo Weith, Ci y Planner PLANNING COMMISSION 12 March 1996 page 7 are 2 separate lots that have been used for different uses, they remain separate. Mr. Burgess asked if the Commission has the right to change state law. Mr. Weith said the City Attorney's opinion is that if it is specifically addressed, it can be done. If it is not specifically addressed, State law applies. He noted that he had not presented to the City Attorney the issue of the boundary line adjustment being involved in such a circumstance. He suggested delaying a motion to get an opinion on that and to get a plan with contours. Mr. Teeson said he didn't envision this kind of thing happening when the Commission made that regulation. Mr. Bell said that Merchant's Bank " s counsel said there would be no problem. Mr. Smith noted the Merchant's lot actually encroaches on 12 White Street, so they are nct being separately used. Members were uncomfortable making any decision on this without advice from the City Attorney. They also want to see a plat with access as discussed. Mr. Beaudin said he wants a stipulation that a drainage plan has been approved by the City Engineer. He also wanted a plan showing existing grades. Mr. Wulfson, representing Zachary's read a letter into the records opposing the project because: they felt it is a sub- division, storm water runoff, lack of snow storage, problems with emergency vehicle access. They felt it should be a PCD with no new curb cut, shared parking, interconnectivity, and a scaled back development. Mr. Sheahan moved to continue the application until April 9 pending legal opinion from the City Attorney. Ms. Barone seconded. Motion passed unanimously. 7. Site Plan application of Merchant's Bank to amend a previously approved site plan for a bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive -through service, 50 White Street: Mr. Bell said they have learned that pavement encroaches onto Lot 12. They propose a boundary line adjustment. The lots don't change in size, just skirt the paved areas. They will enclose the dumpster. Mr. Smith asked what is being approved here as he feels the question of subdivision applies here. Mr. Burgess said they are changing the site plan, relocating the drive and surrounding the dumpster. Mr. Weith suggested continuing this application to get the same questions settled. PLANNING COMMISSION 12 March 1996 page 8 Mr. Sheahan moved to continue the application until 9 April to get comments from the City Attorney. Ms. Barone seconded. Motion passed unanimously. Because of the late hour, the applicant under item #8 agreed to postpone hearing of the sketch plan until 23 April. As there was no further business to come before the Commission, the meeting was adjourned at 10:45 p.m. Clerk Memorandum - April 9, 1996 April 5, 1996 Page 4 Planning agenda items 5) MERCHANTS BANK - SITE MODIFICATIONS - SITE PLAN This project consists of amending a previously approved site plan for a bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive -through service. This application was continued from the 3/12/96 meeting (minutes enclosed). It was discovered that a portion of the drive -through lane encroaches onto the adjacent property (i.e., 12 White Street). The applicant is proposing a boundary line adjustment to correct the situation. This boundary line adjustment requires only administrative approval, it does not require Planning Commission approval. Since the site plan for the Merchant's Bank property is somewhat different from the original plan approved on 10/25/83, it requires Planning Commission approval to amend. This property located at 50 White Street lies within the Cl District. It is bounded on the north by a residential/commercial complex, on the west by a single family dwelling (proposed to be developed with a motel), on the east by a post office on the south by White Street. Access/circulation: Access is provided by a 24 foot curb cut and a 47 foot curb cut on White Street. A 27 foot wide access to the post office also exists. No changes proposed to these accesses. Circulation is adequate. Coverage/setbacks: Building coverage is 9.2% (maximum allowed is 30%). Overall coverage is 70% (maximum allowed is 70%). Front yard coverage is 70% (maximum allowed is 30%). This is an existing situation which will not be made worse by this application. The existing bank building does not meet the front yard setback requirement and is therefore a noncomplying structure subject to the limitations of Section 26.002 of the zoning regulations. Parking: No changes proposed. Dumpster: The dumpster storage area will be screened. 4 fZ►'OPvr uvKrxJ / M ui,(,H i T K I�J(e r �4' I t4I4Ti"(0 �p.UI E'OJh �iF}KJby �� 8 LM_ City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 5, 1996 Stuart J. Morrow Civil Engineers Associates, Inc. P.O. Box 485 Shelburne, Vermont 05482 Re: Site Modifications, 50 White Street Dear Mr. Morrow: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, April 9, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Si cer y, J Weith, Ci y Planner JW/mcp Encls f3OPto se E1 �--- SEE NOTE 8 r fit I S 07. 10, 55" E 147.89' SEE NOTE 4— air awl -Or 10 WHITE STREET dmr�D/ THE MERCHANTS BANK s a' �p N VOL. 156 PGS. 125 - 126 VOL. 28 PG. 31 PLAN �O f S 0"I9'00"EI l 126'/ fS07'I!'00 "E1 --- 12 WHITE STREET !, THE MERCHANTS NATIONAL BANK qj O VOL.88 PG.394 o VOL. 80 PG. 40 PLAN !'57'20"W 41.98' N A+ -1 j A AOCAL AdPT}/ SEE N07£ 2 I LEGEND. --- PROPERTY LINE ---- — FORMER PROPERTY LINE — — — TIE LINE CURB LINE POWER POLE 0 IRON PIPE WITH SIZE FOUND 5 /8" REBAR WITH SURVEY MARKER TO BE SET © HANDICAP PARKING LIGHT POLE 17.82' S 66. 08' 45" W DRIVF SEE MITE 6 0 TOTAL AREA ; 0.83 ACRES SEE NOTE 9 o LEE ZACHARY VOL. 211 PGS. 246 - 247 SO4'4r05"E 168.85, 8 WHITE STREET THE MERCHANTS BANK VOL. 175 PGS. 63 - 65 ■ FT �!6-m r LOCATION MAP-. SCALE I" = 3520' U NOTES: I. THE BOUNDARY SURVEY WAS PERFORMED WITH A THEODOLITE, ELECTRONIC DISTANCE METER, AND A STEEL TAPE. 2. THE BEARINGS ARE REFERENCED TO ASTRONOMICAL NORTH DETERMINED BY SOLAR OBSERVATIONS ON JANUARY 11, 1996. 60.90 p' 3 WIDWHIE DETERMINED BYISTEET RIGHT OF ANG MONUMENTAY WAS DAT T ON AND THE FEET L' �S GAP O2 lN7P/0. 30-E1 '�- (0.47 ) TRAVELED PORTION. SEE MOTE 7 r N 0a ar 20 W _ _ - ---- --(234.9l' ) S 7 ' `' W 4. THIS JOG 13 BASED ON THE RECORD DESCRIPTION IN VOL. 35 PG. I 13.36' 539. N 01. 31' 45" E AOWSTEO BOU DAHY LINE 38.25 " 59 24' S O MERCHANTS PROPERTIES, INC. NO.8 wmI E STREET HAS ARIGHT OF WAY OVER THIS AREA, H. B AND E. B. REFERENCE VOL.35 PG.539. BENSEN �' \ 1 VOL. 78 PG. 89 VOL. 85 PG. 254 VOL. 80 PG. 58 PLAN W N 05'52'20" ! 0.64 ACRES 81.88' G. THE CITY OF SOUTH Bl1RLMGTON REt'OGNI2ES THAT THESE VOL. 88 PG. 120 THREE INDIVIDUAL PARCELS ARE NOW CONSIDERED ONE VOL. 80 PG. 88 PLAN PARCEL. 7• A RECORDED EASEMENT WAS NOT LOCATED FOR ANY OF THE Z �- 47' I OF 7 7 J OVERHEAD UTILITY LINES. I� a Ict, S. THE PARCELS SHOWN ARE IN THE COMMERCIAL I ZONING b a DISTRICT. �— EXISTING DRIVE 9. THE BOUNDARY ADJUSTMENT DOES NOT CHANGE THE NET AND PARKING rn AREA OF EITHER PARCEL. FRONT YARD COV FRONT YARD AREA - 6000 s : ft'- BUILDINGS . PVMT. = 1820 sq. ft. TOTAL TOTAL FRONT YARD COVERAGE = 70%,4pR 04 1996 MWPOSED STOCKADEMoo LOT COVREAGE 3/4 8 - 10 -12 WHITE STRE }f BUILDINGS 1790p �"1�/ o" Coa Burlingtor W.^p'9 I PAVEMENT 28459". TOTAL 4635 sq.fl. 13% LOT COVERAGE 1I MERCHANTS BANK PARCEL / 8?. BUILDINGS 2570 sq. N. \5T , 2 " WALKS 580 sq. ft. • DO PAVEMENT 16395 sqft. TOTAL 19545 sq. f1 70% LOT COVERAGE M. H. PARSONS AND SONS LUMBER CO. 164 O 40 0 0 VOL. 85 PGS. 255 - 256 GRAPHIC SCALE BOUNDARY ADJUSTMENT PLAT BETWEEN THE PROPERTIES OF THE MERCHANTS BANK, THE MERCHANTS NATIONAL BANK ='01" Ids "'""" SOON, 1O"`RY00AArr"M AND MERCHANTS PROPERTIES, INC.. I CERTIFY rwr 77," PLAT a mseD ON Date I Ch'k'd Revision SOUTH BURLINGTON VERMONT RECORD RElEA" HELD EVIDENCE; OTHER PERnFffNT AIFLR TIM AYD Drawn by MHO Date JAN. 1996 SHEET COAFOWS W7N THE' REOUREAIENTs OF V.SA 27 SECrnV 1403. Checked by SJM Scale r' =20'$\ CIVIL ENGINEERING ASSOCIATES INC. SHELBURNE I VERMONT Approved by Project No. 95318 . y ' RECEIAU FEB 2 3 1996 City of So. Burlington (s o7•(o •3.7•E1 w----SEE NOTE _ LEE ZACHARY ��'' "�" c"� " S 66' 08' 45" W S 07' 10' 55" E 6.00' VOL. 211 PGS. 246 - 247 147.89' -- SEE NOTE 4 -� S 04. 41' 05" E J/r 168.85' _ 1 Ohl�t•01 \� DRIVE : EMT N SDI of 10 WHITE STREET 8 WHITE STREET is "^M� THE MERCHANTS BANK a THE MERCHANTS BANK 4`0 VOL. 158 PGS. 125 - 126 m VOL. 175 PGS. 63 - 65 Bur3flngton N VOL. 28 PG. 31 PLAN a -- - f" (S07•19'00"C) l4p6'1 � --- (SOl•I!'00'E1 --- SEENOTE'6 .. .� flID.63'1 [,rt ,s s.e Nis po. 4C • ASpTR0A,0 MCA, M714TH ---- PROPERTY LINE ---- — FORMER PROPERTY LINE — — —TIE LINE CURB LINE POWER POLE O IRON PIPE WITH SIZE FOUND 5 /8" REBAR WITH SURVEY MARKER TO BE SET QH HANDICAP PARKING LIGHT POLE TOTAL AREA = 0.83 ACRES L�r'7 SEE NOTE 9 !� 1 HOUSE 12 WHITE STREET % o° THE MERCHANTS NATIONAL BANK LOCATION MAP-. SCALE 1" 3520' VOL. Be PG. 394 q VOL. 80 PG. 40 PLAN o " NOTES: I. THE BOUNDARY SURVEY WAS PERFORMED WITH A THEODOLITE, ELECTRONIC DISTANCE METER, AND A STEEL TAPE. 2. THE BEARINGS ARE REFERENCED TO ASTRONOMICAL NORTH DETERMINED BY SOLAR OBSERVATIONS ON JANUARY 11, 1996. N 25.26' 15" W 60g0. R,3. GW or N 77 1-0 5-0- " E 1 17.82' L + -_ 7s00 WHITE STREET RIGHT OF WAY WAS ASSUMED AT 49.50 FEET , 0.47 �. WIDE DETERMINED BY EXISTING MONUMENTATION AND THE TRAVELED PORTION. NOTE 7 (N oa 37. 20 • w _ 5. 57, 20'_W ___—(p34,y1• NI S " W 4.TM JOG 13 BASED ON THE RECORD DESCRIPTION IN VOL.35 PG. 41.98' � /'=iI. I 13.36' S39. N 01' 31' 45" E ADJUSTED BOUNDARYL)NE 3B•2g• d" 59.24' H. B AND E. B. 5. NO. 8 WHITE STREET HAS A RIGHT OF WAY OVER THIS AREA, O MERCHANTS PROPERTIES, INC, REFERENCEVOUT PURLIN BENSEN VOL. 78 PG. 89 6. THE CITY OF SOUTH BRLINGTON RECOGNIZES THAT THESE VOL. 80 PG. 120 VOL. 85 PG. 254 THREE INDIVIDUAL PARCELS ARE NOW CONSIDERED ONE VOL. 80 PG. 58 PLAN N 05'S2'20" W VOL. 80 PG, 88 PLAN PARCEL. 0.64 AI,RES e1.e8' Z 7, A RECORDED EASEMENT WAS NOT LOCATED FOR ANY OF THE Z O J OVERHEAD UTILITY LINES. 1� IU S. THE PARCELS SHOWN ARE IN THE COMMERCIAL I ZONING b a U DISTRICT. EXIS77NG DRIVE U 9. THE BOUNDARY ADJUSTMENT DOES NOT CHANGE THE NET AND PARKING (^ AREA OF EITHER PARCEL. FRONT YARD COVERAGE FRONT YARD AREA = 6000 sq. ft. BUILDINGS . PVMT. = 1820 sq. ft. TOTAL FRONT YARD COVERAGE = 70 PROPOSED STOCKADE WOOD FENCE LOT COVREAGE 8 - 10 -12 WHITE STREET SCR sir BUILDINGS 1790 sq. ft. DOWI PAVEMENT 2845 sq. It. TOTAL 4635 sq.ft. 13 % LOT COVERAGE MERCHANTS BANK PARCEL ppOf 1 BUILDINGS 2570 sq. ft. \STQ 2-5' WALKS 580 sq. ft. 23 O PAVEMENT 16395 sq. ft. TOTAL 19545 sq. ft. 70% LOT COVERAGE M. H. PARSONS AM SONS LUMBER CO. o I I I o <o 0 0 VOL 85 PGS. 255 - 256 GRAPHIC SCALE BOUNDARY ADJUSTMENT PLAT BETWEEN THE PROPERTIES OF THE MERCHANTS BANK, THE MERCHANTS NATIONAL BANK x/oln. a(r PAMOMSale"EMMNDN"XNVST NT AND MERCHANTS PROPERTIES, INC.. 7M1P[Ar a MSED aw Date Ch'k'd Revision SOUTH BURLINGTON ONT RECOM MrSET RECa17D RESEARCI( /VR EVVEME AN DINER RERTNYENT NWDRILL4Ti0N(AND Drawn by MHO Date JAN. 1996 SHEET OF V� 27 ECTM 1403. NrS Checked by SJM Scale I" = 20' CIVIL ENGINEERING ASSOCIATES' INC. SHELBURNE,VERMONT Approved by Project No. 95318 �HP�I!/A�uli d�;!l�� IS 07" /0' 55" E / w -- SEE N07F 5 ---> S 07° 10' 55" E (D GMP A. 0/ Zf "\'-1 N (507'l9'00"E ASRrRQNOMICAL L _h�Th' SEE ND7E p I1 LEGEND: --- PROPERTY LINE ----- — FORMER PROPERTY LINE —TIE LINE — CURB LINE POWER POLE 0 IRON PIPE WITH SIZE FOUND n 5/8" REBAR WITH SURVEY MARKER TO BE SET O HANDICAP PARKING LIGHT POLE S w,•.sPrscc 10 WHITE STREET THE MERCHANTS BANK VOL. 158 PGS. 125 - 126 VOL. 28 PG. 31 PLAN (S 07, /9' 00 . y N 05' 57' 20'_W 41.98' SEE NOTE 4 GAP I-OP 0"; _— __ -- -- DRIVr- Im �m - A I SEE MOTE 6 --�, TOTAL AREA = 0.83 ACES SEE NOTE 9 12 WHITE STREET Z THE MERCHANTS NATIONAL BANK '1� VOL.88 PG.394 VOL. 80 PG. 40 PLAN o 5'26'15" W 17.82' LEE ZACHARY VOL. 211 PGS. 246 - 247 SO4.41'05"E 168.85' 8 WHITE STREET THE MERCHANTS BANK VOL. 175 PGS. 63 - 65 NOTES: F h. e„dinro SI 3/South Burlington rE J QO / � 5. eurlinRlnn wLL / „w 1 LOCATION MAP : SCALE 1" 3520' h NO 8 WHI R T T I. THE BOUNDARY SURVEY WAS PERFORMED WITH A THEODOLITE, ELECTRONIC DISTANCE METER, AND A STEEL TAPE. 2. THE BEARINGS ARE REFERENCED TO ASTRONOMICAL NORTH DETERMINED BY SOLAR OBSERVATIONS ON JANUARY II, 1996. 60'90' L R' 1$ �— �' GMR 02 i (N 77° /O' 50" E) ODDr o.n' l 3. WHITE STREET RIGHT OF WAY WAS ASSUMED AT 49.50 FEET WIDE DETERMINED BY EXISTING MONUMENTATION AND THE _ SEE NOTE 7 (N OS 5720 "_Wf —r- }-- TRAVELED PORTION. -- — -- N 139, S 79' 54' 55" W 4. THIS JOG IS BASED ON THE RECORD DESCRIPTION IN VOL. 35 PG. N 01' 31' 45" E 59.24' ADJUSTED 1101.11 UNE I r 5. J� 1 13.36' 539. 5 O H. B AND E. B. TE ST EE HAS A RIGH OF WAY OVER THIS AREA, REFERENCE VOL.35 PG.539. MERCHANTS PROPERTIES, INC. BENSEN 6. THE CITY OF SOUTH BURLINGTON RECOGNIZES THAT THESE VOL. 78 PG, 89 VOL. 88 PG. 120 VOL. 85 PG, 254 THREE INDIVIDUAL PARCELS ARE NOW CONSIDERED ONE VOL. 80 PG. 58 PLAN N 05°52'W VOL. 80 PG, 88 PLAN PARCEL. 20" 0.64 ACRES 81.88' 7, A RECORDED EASEMENT WAS NOT LOCATED FOR ANY OF THE SEE NOTE9 Z OVERHEAD UTILITY LINES 1 B41W 0 WALKS F tt � SO -4 I 1-4 a I� S. THE PARCELS SHOWN ARE IN THE COMMERCIAL I ZONING o a DISTRICT. EXISTING DRIVE 9. THE BOUNDARY ADJUSTMENT DOES NOT CHANGE THE NET AND PARKING rn AREA OF EITHER PARCEL. n E C FRONT YARD COVERA IV k LE-d-n Q FRONT YARD AREA = 6000 sq. ft. BUILDINGS . PVMT. = 1820 sq. ft. q y`� 1, ® 1996 TOTAL FRONT YARD COVERAGE = 70% i�5tl - PROPOSED WOOD STOCKADE FENCE LOT COVREAGE REWSED PARKING - LOTAREA 8 - 10 -12 WHITE STREET City of So. Burlini lJ 3I 4 BUILDINGS 1790 sq. ft. pUMPSTER PAVEMENT 28 5 9% ft. I TOTAL 4635 sq.fl. 13 % LOT COVERAGE MERCHANTS BANK PARCEL i GWp SDI 8T• E \5�0 BUILDINGS 2570 sq. ft. WALKS 580 sq. ft. Zg' 0 PAVEMENT 16395 sq. ft. S 23. \ TOTAL 19545 ft. 70% LOT COVERAGE sq. ;10/ l M. H. PARSONS AND SONS LUMBER CO. I 0 40 O O VOL. 85 PGS. 255 - 256 GRAPHIC SCALE BOUNDARY ADJUSTMENT PLAT BETWEEN THE PROPERTIES OF THE MERCHANTS BANK, 4/01/96 SJN REVISED PARKING THE MERCHANTS NATIONAL BANK 2/0I/9G s,M PARKNGSCNEME,DOMARYAMMSTt+R'NT AND MERCHANTS PROPERTIES, INC.. I CER77FY TWITTMS PLAT IS BASED ON DateICh'k'dI Revision SOUTH BURLINGTON VERMON RECORD RESEARCN FIELD EVIDENCE, AND Drawn by MHO Date JAN. 1996 SHEET CONER FORMS ITHT EREQ IREM OF V.S.A.MSWITNTINREOU/REM1IENTS OF V.S.275ECT/ON /e03. CIVIL ENGINEERING ASSOCIATES, INC. Checked by SJM Scale P' = 20' SHELBURNE,VERMONT CTHART.1 MORROW RI s u5 Approved by Project No. 95318 Memorandum - Planning March 12, 1996 agenda items March 8, 1996 Page 10 Lighting: Exterior lighting will consist of the following: --- six (6) 400 watt metal halide lamps with downcasting shielded fixtures mounted on 16 foot poles. --- four (4) 175 watt metal halide lamps mounted on the building with downcasting shielded fixtures. 7) MERCHANTS BANK - SITE MODIFICATIONS - SITE PLAN This project consists of amending a previously approved site plan for a bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive -through service. This site was last reviewed by the Planning Commission on 10/25/83 (minutes enclosed). It was discovered that a portion of the drive -through lane encroaches onto the adjacent property (i.e., 12 White Street). The applicant is proposing a boundary line adjustment to correct the situation. This boundary line adjustment requires only administrative approval, it does not require Planning Commission approval. Since the site plan for the Merchant's Bank property is somewhat different from the original plan approved on 10/25/83, it requires Planning Commission approval to amend. This property located at 50 White Street lies within the C1 District. It is bounded on the north by a residential/commercial complex, on the west by a single family dwelling (proposed to be developed with a motel), on the east by a post office and on the south by White Street. Access/circulation: Access is provided by a 24 foot curb cut and a 47 foot curb cut on White Street. A 27 foot wide access to the post office also exists. No changes proposed to these accesses. Staff suggests that the applicant consider providing an access to the proposed motel site to the west. This access is shown on the motel plans but not this plan. Circulation is adequate. Coverage/setbacks: Building coverage is 9.2% (maximum allowed is 30%). Overall coverage is 70% (maximum allowed is 70%). Front yard coverage is 70% (maximum allowed is 30%). This is an existing situation which will not be made worse by this application. 10 Memorandum - Planning March 12, 1996 agenda items March 8, 1996 Page 11 The existing bank building does not meet the front yard setback requirement and is therefore a noncomplying structure subject to the limitations of Section 26.002 of the zoning regulations. Parking: Not affected. Dumpster: The dumpster storage area will be screened. 8) HOMER & MARIE DUBOIS - 42 LOT PRD - SKETCH PLAN This project consists of subdividing a 32.89 acre parcel into 42 lots. This would be a continuation of the 57 unit Ledgeknoll development approved on 5/29/84. A sketch plan for the subdivision of this property into 68 lots was reviewed on 10/26/93 (minutes enclosed). This property located easterly of the Ledgeknoll development lies within the Southeast Quadrant District. It is bounded on the north and east by undeveloped land owned by Green Acres, on the south by a residential lot and undeveloped land and on the west by a wetland area. Access: Access will be provided by extending Dubois Drive, a cul- de-sac street. This cul-de-sac street currently provides access to 50 dwelling units and this extension would add 42 more units for a total of 92 units. Section 401.1(7) of the subdivision regulations limits the number of units on a cul-de-sac to 50 units. The applicant is reserving a 60 r.o.w. for possible future connection to development on the adjacent property to the east. Staff suggests that a r.o.w. be reserved to the south between lots #6 and 7 or in the vicinity of lot U . Density: Since this project is an extension of an existing 57 lot development, density is based on the original lot size of 86 acres. This lot therefore generates a maximum of 103 units for development (1.2 x 86). Since 57 units are already developed, 46 units would be available for development. The applicant is proposing 42 lots. Non -buildable area: Portions of lots 10-13, 20, 21, 35-39 and 42 are located in a non -buildable area as shown on the SEQ zoning map. Since development activity is proposed in a restricted area, the applicant must address the criteria in Section 6.606 of the zoning regulations. For preliminary plat review, applicant should 11 M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for March 12, 1996 Agenda Date: February 5, 1996 I have reviewed the following site plans and my comments are as follows: 1. Merchants Bank Dated 1/18/96 White Street Project No. 95318 Acceptable 2. National Gardening Dated 1/19/96 Farrell Street Project No. 94276 Acceptable 3. New Motel, Four Stories Dated 1/24/96 White Street Project No. 9604 Acceptable 4. Ledge Knoll, Phase III Dated 1/23/96 Hinesburg Road Project No. 85083-5 Acceptable 5. Meadowbrook Joy Drive I would require a flow test from the existing hydrant to determine if a second hydrant is needed, and if so, the best location for a new hydrant. 6. Centennial Heights Dated 2/5/96 Patchen Road Project No. 94049-41 Acceptable City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 8, 1996 Stuart J. Morrow Civil Engineering Associates, Inc. P.O. Box 485 Shelburne, Vermont 05482 Re: Site Modifications, 50 White Street Dear Mr. Morrow: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and comments from Fire Chief Wally Possich and myself. Comments from City Engineer Bill Szymanski were sent to you at an earlier date. Please be sure someone is present on Tuesday, March 12, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, jJoe Weith,✓Cr4 City Planner JW/mcp Encls City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 1, 1996 Stuart J. Morrow Civil Engineering Associates, Inc. P.O. Box 485 Shelburne, Vermont 05482 Re: Site Modification, 50 White Street Dear Mr. Morrow: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski and myself. Comments from Fire Chief Wally Possich will be forwarded as soon as they are available. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, March 1, 1996. If you have any questions, please give me a call. Sinc/e'�ely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls MEMORANDUM To: Applicants/Project ils From: Raymond J. Belair on and Planning Assistant Re: Preliminary Comments, March 12, 1996 Agenda Items Date: January 31, 1996 MERCHANTS BANK - SITE MODIFICATIONS - SITE PLAN --- provide existing and proposed front yard coverage information. If front yard coverage is currently exceeded (30% maximum) and the proposed property line adjustment results in increased coverage, staff can not administratively approve the boundary line adjustment. --- show all existing landscaping. --- show existing dumpster storage area. This area should be screened. --- show existing parking lot lights. --- staff encourages the applicant to show an access connection with the property to the west. WRIGHT & MORRISSEY. INC. - EXPAND OFFICE BUILDING - REVISED FINAL PLAT --- provide additional construction cost for the additional square footage proposed. --- provide revised sewer allocation request, if changing. --- revised final plat should include a landscaping plan. HOMER & MARIE DUBOIS - 42 LOT SUBDIVISION - SKETCH PLAN --- plan should indicate that the northerly boundary is the boundary between the IO District to the north and the SEQ District to the south. --- the correct name of Highland Drive is Highland Terrace. --- the stormwater retention lots and the open space lot should have some type of designation (e.g., common area "A", etc.) . --- lot #42 does not meet the frontage requirement on the "loop" road. Incorporating the proposed 60 foot r. o . w. to this lot would appear to solve this problem. --- Dubois Drive, a cul-de-sac street, currently provides access to 50 single family dwelling units and this proposal would add 42 units for a total of 92 units. Section 401.1(7) of the subdivision regulations limits the number of units served by a cul-de-sac street to 50 units. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: March 12, 1996 Agenda Items Date: January 26, 1996 MERCHANTS BANK - WHITE STREET 1. Sidewalk along White Street is continuous across the driveways. 2. The bank if they sell their adjacent lot should anticipate the possibility of a connection to their parking lot and connection to their utilities especially storm drainage. NATIONAL GARDENING - FARRELL STREET Revised site plan received 1/19/96 prepared by Civil Engineering Associates is acceptable. LEDGE KNOLL - PHASE III - HINESBURG ROAD 1. There is no need for the Dubois Drive cul-de-sac. It should be eliminated. 2. Dubois Drive sewage pumping station, Lane Press pumping station, the force mains from both pumping stations and the gravity line on Kimball Avenue must be checked for capacity. 3. The Wessel property to the south had a development plan. This plan should be checked to be sure there is conformance especially for intersecting streets. 4. There should be a 20 foot utility easement along lot 36 to access the 10 acre open space. October 26, 1983 Mir. Steve Moore 370 Maple Street Burlington, Vermont 05401 Iear Steve: Be advised that the Planning Conzissio,i has granted site plan approval for an additional to the Merchants' Bank. Enclosed is a copy of the ar�proval motion. Prior to issuing a permit you will he required to post a performance bond for the landscaping. If you have any questions please don't hesitate to call rie. Very truly, Richard Ward, Zoning Administrative Officer tRW/mcg (307'ro'99-E7 r�MENOTE 5 ( fit 1 S 07. 10' OW F 01 ct % , 0 - � rsorl9•oo••E1 5116 GPl �P P5 LEGEND: --- PROPERTY LINE ---- — FORMER PROPERTY LINE — — —TIE LINE CURB LINE POWER POLE 0 IRON PIPE WITH SIZE FOUND 5/a" REBAR WITH SURVEY MARKER TO BE SET SEE N07E 0P __ 6 10 WHITE STREET THE MERCHANTS BANK VOL. 158 PGS. 125 - 126 VOL. 28 PG. 31 PLAN m uW 10" (S 0�7'r9'00" r r4&63' ) S 66. Oa' 45" W 6.00. LEE ZACHARY VOL, 211 PGS. 246 - 247 S 04. 41' O5" E 168.85' DRIVE 8 WHITE STREET THE MERCHANTS BANK VOL. 175 PGS. 63 - 65 WE N77E 6 -__` TOTAL AREA . 0.83 ACRES SEE NOTE 9 12 WHITE STREET Z THE MERCHANTS NATIONAL BANK VOL.88 PG. 394 $ VOL. 80 PG. 40 PLAN o m L . 60'90 R' �J 6sr 02 N 77 10 o E 1 SEE NOTE 7 N OP 31' 45" E AAR/S7ED BOIMDARY UAE O59.24' HW MERCHANTS PROPERTIE! VOL.78 PG.89 VOL.85 PG.254 VOL. 80 PG. 58 PLAN t 0.64 ACRES SEE NOTE 9 EXISTING DPIVE /AND PARKING 1... A ,.. 2 ,,,.,. S/r n ' !/South r Burlington LOCATION MAP-. SCALE 1" 3520' -ES: I. THE BOUNDARY SURVEY WAS PERFORMED WITH A THEODOLITE, ELECTRONIC DISTANCE METER, AND A STEEL TAPE. 2. THE BEARINGS ARE REFERENCED TO ASTRONOMICAL NORTH DETERMINED BY SOLAR OBSERVATIONS ON JANUARY II, 1996. 3. WHITE STREET RIGHT OF WAY WAS ASSUMED AT 49,50 FEET WIDE DETERMINED BY EXISTING MONUMENTATION AND THE TRAVELED PORTION. 4. THIS JOG IS BASED ON THE RECORD DESCRIPTION IN VOL. 35 PG. 539. 5. NO. 8 WHITE STREET HAS A RIGHT OF WAY OVER THIS AREA, REFERENCE VOL.35 PG.539, 6. THE CITY OF SOUTH BURLINGTON RECOGNIZES THAT THESE THREE INDIVIDUAL PARCELS ARE NOW CONSIDERED ONE PARCEL, 7. A RECORDED EASEMENT WAS NOT LOCATED FOR ANY OF THE OVERHEAD UTILITY LINES. IJ � Iu: S. THE PARCELS SHOWN ARE IN THE COMMERCIAL I ZONING . N DISTRICT. 9. THE BOUNDARY ADJUSTMENT DOES NOT CHANGE THE NET rn AREA OF EITHER PARCEL. RECia JAN 1 LOT COVREAGE 8 - 10 -12 WHITE STREET City O T r ^ J 314- BUILDINGS 1790 sq. ft, PAVEMENT 2845 9% it. TOTAL 4635 sq.ft. 13 /. LOT COVERAGE MERCHANTS BANK PARCEL BUILDINGS 2570 sq. ft. WALKS 580 sq. ft. PAVEMENT 16395 sq. ft. TOTAL 19545 sq. ft. 70`/. LOT COVERAGE 0 1 ( r o +o 0 0 GRAPHIC SCALE BOUNDARY ADJUSTMENT PLAT BETWEEN THE PROPER77ES OF THE MERCHANTS BANK, THE MERCHANTS NATIONAL BANK A&V MERCHANTS PROPERTIES, INC.. 1 CERTIFY"T TM P"T 13 A4MD ON Date I Ch'k'd Revision SOUTH BURLINGTON VERMC RECORD RESEA" FIELD EVIDENCE- 0 D" PERMIENT ff#M MAnM AND Drawn by MHO Date JAN. 1996 SHEET COWORAO WTH 7NEREOU1REWENTs CIVIL ENGINEERING ASSOCIATES, INC. OF VISA. z7 SECTM1403. Checked by Sim Scale I- - 20'$\ SHELBURNE,VERMIONT Approved by Project No. 95318 . GW 3.Of M. li. PARSONS AND SONS LUMBER CO. VOL. 85 PGS. 255 - 256 6 I a. &'04 8 1996 Burlington RW 19/20/83 MOTION OF APPROVAL That the South Burlington Planning Commission grant site paln approval for the application of the Merchants Bank, 50 White Street for an addition of 500 square feet to an existing bank facility, as depicted on a plan entitled "White Street Office, the Merchants Bank" dated September 27, 1983 prepared by Steve Moore, with the following stipulations: 1) That a landscaping bond in the amount of $750.00 be posted prior to issuance of a building permit. 2) This approval expires in 6 months. MERCHANTS BANK 50 White Street Area zoned Commercial 1 District Section 19.00 Non -conforming uses and structures - sub section 19.003 extension Use is prohibited unless locatedowithin P.C.D. Section 18.00 Area, density and dimensional requirements Minimum lot (C-1 District) 40,000 square feet with 200 feet frontage Existing 29,250 square feet with 150 feet frontage Minimum setback - 50 feet Existing setback - 24 feet Proposed addition 500 square feet estimated cost $25,000 Date Received By Date Application Completed and Received By By CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIE6d 1) NAME, ADDRESS, AND PHONE NUMBER OF: (a) Owner of Record MIZ�*743 AA-01G _ 13 n2tV" �207 (b) Applicant ✓15 17/012jLE (c) Contact Person 2) PROJECT STREET ADDRESS: 5�2 W R 3) PROPOSED USE(S): 82&.Zi 4) SIZE OF PROJECT (i.e., # of units, floor area, etc.) Dad n�z2 /t) 514 * S) NUMBER OF EMPLOYEES (full & part time) 6) COST ESTIMATES: (a) Buildings (b) Landscaping 7 (c) All Other Site Improvements (i.e., curb work) 7) ESTIMATED PROJECT COMPLETION DATE o� 8) ESTIMATED AVERAGE DAILY TRAFFIC (in & out) 9) PEAK HOUR (S) OF OPERATION q � p�4 /hti AltV J 10) PEAK DAYS OF OPERATION MEMORANDUM To: South Burlington Planning Commission From: Richard Ward, Zoning Administrative Officer Re: Next week's agenda items Date: 10/21/83 2) Myers, Dorset and Swift Streets Existing lot (Myers homestead) contains 8.8 acres. Proposed lot contains 4.0 acres with 473 feet frontage on Dorset Street and 376 feet on Swift Street. Myers lot contains 4.8 acres with 744 feet frontage on Dorset Street. Proposed lot willbe used for a church. Myers lot to remain as is, single family dwell- ing. Proposed lot served by City water and sewer. Sewer to be extended along Swift Street and tap into line by Norman Church. No problems with this pro- posal. 4a) People's Express, Airport Complex Addition 36'x66' (modular unit) located to the south end of the main terminal. Because of overcrowding conditions a hold room and check -in counter is requested. The only issue is landscaping, parking and circulation will remain the same. Landscaping required would be in the area of $500 dollars, the landscaping as proposed are foundation plantings and are acceptable. Bond for $690 will be necessary. As a suggestion, the Airport Manager should have a work session with the Commission to discuss near and long range plans for the Airport Complex. 4b) Merchants Bank, 50 White Street Zoning Board of Adjustment granted a waiver, banks are non -conforming use with- in C-1 District. Addition located to the rear of building, does not affect the site. No improvements are required. Landscaping is only issue, an addition $750 in plantings are required. 5) Farrell, Sherwin Williams Post office will be a tenant. See City Attorney's comments. Traffic in- formation is expected from the applicant at the meeting. 6) Trevithick, 1751 Spear Street The area is zoned Residential 1 District. The minimum frontage requirement be- ing 170 feet. The existing lot contains five acres with 334 feet frontage. Zoning Board of Adjustment granted a waiver, the four acre lot will contain 164 feet frontage. I see no problems with this subdivision. City water is available, on site sewer is required. Design by an engineer is necessary prior to construction of a dwelling. October 3, 1983 Mr. Steve Moore 370 Naple Street Burlington, Vermont 05401 Dear Yx. Moore: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, October 17, 1983 at 5:00 P.M. to consider your request for a zoning variancx. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer wl/mcg cNrl p`' o ocD�P 1p D°i° 0. 0ic��rcA e oQ c� eveo` D 0. Q PQC�re$o-;,"o�y oO�Q�°.c�.y, icd °o q fro o Y o h \ F 2° e' o.co q Q0 4 c D` �eYYeO tfD�° oc�Pc �o Q`� ���Yro\ °C; aD �D yp, �.?€a 0 Y\°YS> o ° �o a"'\ o4Z o •� oc \ e 'o O' F4 c ��loc;c,y� Y .� Y3F�`d'rc�DeP�`oQD°a� ,�•° 8c oJ°Y� c4;o P C o ° C.��0 °YJYOo\° . cyof• \oSC`,'\ pc3Cc e°oYeY\ ° Y P yy vcye,o 0ory tfc cc z D o o e Y o e 0 c Oc ° �Y C e o� O Y° If a� e v° �2P �0�� o a v'o C' C� O ee FJ OD °C Y,� a ° ,y +p yy eo- \c oo •EQi °fib D y.�e kcYCYo °c4Yo y Feo 0�. roYYB °► �4peo Y Q r Po.i�obe\o` \ eF `hO�y Ooc� 3�o`ooD yo`.PA.c°C c ry cP' P.3` aFF c ° .l�aO 2 °°`�° Q°d` ad C� hM1 tC �° Q ae �?o�ZF{PC o FO \o a�x Yo-�Q�Yr •�' oA�°� o c F y1 g o�Ya 0 e• 0 6h.yY O O C 4•b • ° A;lf O` NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant _/ VE Name, address of property owner �—ave.. Property location and desc ip TZ 9T M . i _ I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date nature -A Appellant Do not write below this line ---------------------------=----------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on , , at (day of week) (month and date) time to consider the following: Appeal of �%i,•'�,7;'�,l�,c rt.,,_l..�l �i�-� �, i seeking a from Section / f' of the South Burlington Regulations. Request is for permission to _-e' ..... . ..... jin 1 44A