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HomeMy WebLinkAboutBATCH - Supplemental - 1068 Williston Road- y Mutual. SURETY NOTICE OF CANCELLATION AND/OR TERMINATION March 29, 2016 TOWN OF SOUTH BURLINGTON 575 DORSET STREET SOUTH BURLINGTON, VT 05403 Bond Number: 55SO13146 Cross Reference: 63136970000 Principal: VERIZON WIRELESS (VAW) LLC DBA VERIZON WIRELESS Present Penal Sum: 6602 USD Bond Description: PERMIT FOR LANDSCAPING MAINTENANCE OF NEW MONOPOLE SITE,SOUTH BURLINGTON 3, PROJECT #2002015498, 1068 WILLISTON RD Original Effective Date: January 26, 2005 Cancel Date: PAY 2100 <40IC We hereby cancel the above referenced bond in accordance with the cancellation/termination provisions contained in the bond. If, for any reason, the effective date of this Notice does not fully comply with the cancellation/termination provisions contained in the bond, then this Notice shall be deemed amended to contain the earliest effective date which is in compliance with the provisions of the bond. REASON: Bond No Longer Needed Cancellation Reason Comments: Bond No Longer Needed REPLY TO: SAFECO INSURANCE COMPANY OF AMERICA Philadelphia e co 3 Valley Square'`oaoopgy� 512 Township Line Rd, Ste. 350 gY ( �' = 0 21953�� Blue Bell, PA 19422 o 215-283-6460 Fax: 866-547-8050 0 " Timothy A. Mikolajewski Assistant Secretary - Liberty Mutual Surety Coov Pl�obligee ❑ Principal ❑ Producer VERIZON WIRELESS (VAW) LLC DBA VERIZON ❑ Home Office WIRELESS One Verizon Way ❑ Underwriting Office Mail Stop 4 AW100 Basking Ridge, NJ 07920 LMIC-3200 OLiberty NILitual SURETY NOTICE OF CANCELLATION AND/OR TERMINATION March 29, 2016 TOWN OF SOUTH BURLINGTON 575 DORSET STREET SOUTH BURLINGTON. VT 05403 Bond Number: 55SO13146 Cross Reference: 63136970000 Principal: VERIZON WIRELESS (VAW) LLC DBA VERIZON WIRELESS Present Penal Sum: 6602 USD Bond Description: PERMIT FOR LANDSCAPING MAINTENANCE OF NEW MONOPOLE SITE,SOUTH BURLINGTON 3, PROJECT #2002015498, 1068 WILLISTON RD Original Effective Date: January 26, 2005 Cancel Date: Mu y -7o. G IC We hereby cancel the above referenced bond in accordance with the cancellation/termination provisions contained in the bond. If, for any reason, the effective date of this Notice does not fully comply with the cancellation/termination provisions contained in the bond, then this Notice shall be deemed amended to contain the earliest effective date which is in compliance with the provisions of the bond. REASON: Bond No Longer Needed Cancellation Reason Comments: Bond No Longer Needed REPLY TO: SAFECO INSURANCE COMPANY OF AMERICA Philadelphia c� coy, 3 Valley Square 512 Township Line Rd, Ste. 350 By: 1 N1l4sKo4µ•�ay =1953�� Blue Bell, PA 19422 215-283-6460 Fax: 866-547-8050°�"AM? S Timothy A. Mikolajewski Assistant Secretary - Liberty Mutual Surety CODV Obligee ❑ Principal ❑ Producer VERIZON WIRELESS (VAW) LLC DBA VERIZON ❑ Home Office WIRELESS One Verizon Way ❑ Underwriting Office Mail Stop 4 AW100 Basking Ridge, NJ 07920 LM IC-3200 PAUL FRANK " COLLINS P.C. March 31, 2009 Raymond Belair, Administrative Officer South Burlington Planning and Zoning 575 Dorset Street South Burlington, VT 05403 Re: City of South Burlington Zoning Permit Application Property Address: 410 Shelburne Road, South Burlington Applicant: T-Mobile d/b/a Omnipoint Communications Dear Ray: Mark G. Hall mhall@PFC/aw.com I enclose for submission to South Burlington Planning and Zoning the above -referenced zoning permit application. I also enclose check No. 7215 in the amount of $201.00 for the filing fee. Thank you for your attention to this application. If you have any questions or need anything further to process the application, please contact me at 802-658-2311. Cordially yours, PAUL FRANK + COLLINS P.C. Mark G. Hall MGH:sdf Enclosures 712694 v1:9328-00002 ATTORNEYS AT LAW I www.PFC/aw.com One Church Street P.O. Box 1307 Burlington, VT 05402-1307 phone 802.658.2311 fax 802.658.0042 A Member of TerraLex@ The Worldwide Network of Independent Law Firms ROOFTOP LEASE WITH OPTION THIS ROOFTOP LEASE WITH OPTION (this "Lease") is by and between Champlain School Apartments Partnership, a Vermont limited liability partnership ("Landlord") and Omnipoint Communications, Inc., a Delaware corporation ("Tenant'D. 1. Option to Lease. (a) In consideration of the payment of (the "Option Fee") by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease a portion of the real property described in the attached Exhibit A (the "Property") more particularly described in Section l(c) below and depicted in Exhibit B attached hereto, together with the right to use the building located thereon (`Building"), on the.terms and conditions set forth herein (the "Option"). The Option shall be for an initial term of twelve (12) months, commencing on the Effective Date (as defined below) (the "Option Period"). The Option Period may be extended by Tenant for an additional twelve (12) months upon written notice to Landlord and payment of the sum of ("Additional Option Fee") at any time prior to the end of the Option Period. (b) During the Option Period and any extension thereof, and during the Initial Term and any Renewal Terra (as those terms are defined below) of this Lease, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises (as defined below) from all applicable government and/or regulatory entities, including, without limitation, zoning and land use authorities, and the Federal Communications Commission ("FCC") (collectively, "Governmental Approvals"), including all land use and zoning permit applications. During the Option Period and any extension thereof, and during the Initial Term and any Renewal Term of this Lease, Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord, to obtain, a title report, zoning approvals and variances, land -use permits. Landlord expressly grants to Tenant a right of access to the Property to perform any surveys, soil tests, and other engineering procedures or environmental investigations (`TTes&') on the Property deemed necessary or appropriate by Tenant to evaluate the suitability of the Property for the uses contemplated under this Lease, but only after obtaining all required permits and licenses therefore, and Tenant shall promptly, at its sole cost, restore the Property to its condition as it existed immediately prior to such Tests. During the Option Period and any extension thereof, Tenant may exercise the Option by so notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof. (c) If Tenant exercises the Option, then Landlord hereby leases to Tenant 225 square feet of space on the roof of and within the building (the "Building') located on the Property sufficient for placement of the Antenna Facilities (as defined below), together.with all necessary space and licenses for access and utilities, as generally described and depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises, located at 1068 Williston Rd., S.Burlington, VT 05404. Notwithstanding anything contained herein to the contrary, the Premises, as defined, shall include, but not be limited to, the following: cable runs and associated cable, trays from the base transceiver station(s) (also referred to as the BTS) and the installation of power, telephone and other utility service cables, but such items shall not be included in the calculation for the square footage comprising the Premises. 2. Term. The initial term of this Lease shall be five (5) years commencing on the date of exercise of the Option (the "Commencement Date"), and terminating at midnight on the last day of the initial term (the "Initial Term"). 3. Renewal. Tenant shall have the right to extend this Lease for five (5) additional and successive five- year terms (each a "Renewal Term") on the same terms and conditions as set forth herein. This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord, in writing, of Tenant's SrENUMBER 4BVD324B 1 ROOFTOP — V. 9.21.07 ME NAME: Holiday Inn MARKET: NEW ENGIAND intention not to renew this Lease, at least thirty (30) days prior to the expiration of the Initial Tenn or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month -to -month tenancy under the same terms and conditions of this Lease, except that the Rent due during month -to -month tenancy shall be one hundred twenty five percent of the Rent due in the last year of the Initial Term. 4. Rent. (a) From and after the Commencement Date, Tenant shall pay Landlord or designee, as rent, NEW month ("Rent"). The first payment of Rent shall be due within twenty (20) days following the Commencement Date and shall be prorated based on the days remaining in the month that includes the Commencement Date, and thereafter Rent will be payable monthly in advance by the fifth day of each month to Landlord at the address specified in Section 12 below. If this Lease is terminated for any reason (other than a default by Tenant) at a time other than on the last day of a month, Rent shall be prorated as of the date of termination and all prepaid Rent shall be immediately refunded to Tenant. Landlord, its successors, assigns and/or designee, if any, shall submit to Tenant any documents required by Tenant in connection with the payment of Rent, including, without limitation, an IRS Form W-9. (b) During the Initial Term and any Renewal Terms, monthly Rent shall be increased on each annual anniversary of the Commencement Date to an amount equal to the Rent plus an amount equal to the percentage of the increase in CPI over the most recently measured twelve (12) month period. For purposes hereof, "CPT shall mean the Consumer Price Index-U.S. City Averages for Urban Wage Earners and Clerical Workers (1982- 94-100) published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index if such index is discontinued). In no event will the amount of the monthly installment of Rent due under the Lease following such adjustment be less than the amount of such installment during the preceding annual period. Landlord shall send Tenant written notice of the applicable Rent increase for each Lease .year along with documentation evidencing the calculation used to arrive at that figure no less than thirty (30) days prior to the date the increase in Rent becomes effective. 5.' Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, including, without limitation, antennas, microwave dishes, equipment shelters and/or cabinets and related activities. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or lessees or licensees of Landlord with rights in the Property prior in time to Tenant's (subject to Tenant's rights under this Lease, including, without limitation, non-interference). Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. 7. Improvements; Utilities, Access. (a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location based system, as such location based system may be required by any county, state or federal agency/department, including, without limitation, additional antenna(s), SrrENUMBER 4BV0324B 2 ROOFTOP - V. 9.21.07 SITE NAME: Holiday ice, MARKEr: NEW ENGIAND coaxial cable, base units and other associated equipment (collectively, the "Antenna Facilities"). Tenant shall have the right to alter, replace, expand, enhance and upgrade the Antenna Facilities at any time during the term of this Lease. Tenant shall cause all construction to occur lien -free and in compliance with all applicable laws and ordinances. Landlord acknowledges that it shall neither interfere with any aspects of construction nor attempt to direct construction personnel as to the location of or method of installation of the Antenna Facilities and the Licenses (as defined below). The Antenna Facilities shall remain the exclusive property of Tenant and shall not be considered fixtures. Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this Lease. (b) Tenant, at its expense; may use any and all appropriate means of restricting access to the Antenna Facilities, including, without limitation, the construction of a fence. Tenant shall maintain any such fence in a good state of repair and appearance for the duration of the Term and any extension thereof. (c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty excepted. Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in good, usable condition, normal wear and tear and casualty excepted. (d) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for utilities used on the Property by Tenant. In the event separate meters are not installed, Tenant shall pay the periodic charges for all utilities attributable to Tenant's use, at the rate charged by the servicing utility. Landlord shall diligently correct any variation, interruption or failure of utility service. Tenant shall have the right to install necessary conduit and sleeving from the roof to the point of connection within the Building. (e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant licenses on, under and across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the Premises adequate to install and maintain utilities, including, but not limited to, the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any Renewal Term (collectively, the "Licenses"). The Licenses provided hereunder shall have the same term as this Lease. (f) Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises at all times during the Initial Term of this Lease and any Renewal Term, at no charge to Tenant. (g) Landlord shall maintain and repair all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow vehicular and pedestrian access at all times, at its sole expense, except for any damage to such roadways caused by Tenant. 8. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: (a) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within such thirty (30) day period; (b) immediately upon written notice by Tenant if Tenant notifies Landlord of any unacceptable results of any Tests prior to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant does not obtain, maintain, or otherwise forfeits or cancels any license (including, without limitation, an FCC license), permit or any Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Tenant's business; SITE NUMBER 4BV03I24B 3 ROOFTOP - V. 921.07 SITENAME: HDRdaybm MARKET -.NEW ENGLAND (c) upon thirty (30) days' written notice by Tenant if Tenant determines that the Property, the Building or the Antenna Facilities are inappropriate or unnecessary for Tenant's operations for economic or technological reasons; (d) immediately upon written notice by Tenant if the Premises, the Building or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises, the Building and/or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; or (e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. . Provided Tenant is not in breach of its responsibilities under this Lease, including but not limited to the payment of Rent, none of the following shall constitute grounds for termination: (1) Tenant's filing of a voluntary petition in bankruptcy; (2) an adjudication declaring Tenant bankrupt or insolvent; (3) the appointment of a receiver or trustee of all or substantially all of the property of Tenant; (4) Tenant's assignment for the benefit of Tenant's creditors; (5) Tenant's vacation from. the Premises or cessation of business in the Premises other than as allowed by this Lease 9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, each party shall have the right, but not the obligation, to terminate this Lease on written notice pursuant to Section 12 hereof, to take effect immediately, if the other party fails to perform any covenant or commits a material breach of this Lease and fails to diligently pursue a cure thereof to its completion after thirty (30) days' written notice specifying such failure of performance or default. 10. Taxes. Landlord shall pay when due all real property taxes for the Property, including the Premises. In the event that Landlord fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease. Tenant shall provide Landlord with written notice prior to exercising said right. Notwithstanding the foregoing, Tenant shall pay any personal property tax, real property tax or any other tax or fee which is directly attributable to the -presence or installation of Tenant's Antenna Facilities, only for so long as this Lease remains in effect. If Landlord receives notice of any 'personal property or real property tax assessment against Landlord, which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such assessment, whether in a Court, administrative proceeding, or other venue, on behalf of Landlord and/or Tenant. Further, Landlord shall provide to Tenant any and all documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 10. in the event real property taxes are assessed against Landlord or Tenant for the Premises or the Property, Tenant shall have the right, but not the obligation, to terminate this Lease without finther liability after thirty (30) days' written notice to Landlord, provided Tenant pays any real property taxes assessed as provided herein. SUENUMBER 4BV0324D 4 ROOFTOP — V. 9.21.07 SrMNAME: HolidayIm MARKET: NEW ENGIAND 11. Insurance and Subrogation and Indemnification. (a) Tenant and Landlord each will maintain Commercial General Liability Insurance in amounts of One Million and no/100 Dollars ($1,000,000.00) per occurrence and Two Million and no/100 Dollars ($2,000,000.00) aggregate. Each party may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance such party may maintain. (b) Tenant and Landlord shall each maintain "all risk" or "special causes of loss" property insurance on a replacement cost basis for their.respective owned real and/or personal property. (c) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither part's insurance company shall have a subrogated claim against the other. (d) Subject to the property insurance waivers set forth in subsection II(c), Landlord and Tenant each agree to indemnify and hold harmless the other party from and against any and all claims, damages, costs and expenses, including reasonable attorney fees, to the extent caused by or arising out of the negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants and/or subtenants of the indemnifying party, or a breach of any obligation of the indemnifying party under this Lease. The indemnifying parry's obligations under this section are contingent upon its receiving prompt written notice of any event giving rise to an obligation to indemnify the other party and the indemnified parry's granting it the right to control the defense and settlement of the same. (e) Notwithstanding anything to the contrary in this Lease, the parties hereby confirm that the provisions of this Section I 1 shall survive the expiration or termination of this Lease. (f) Tenant shall not be responsible to Landlord, or any third -party, for any claims, costs or damages (including, fines and penalties) attributable to any pre-existing violations of applicable codes, statutes or other regulations governing the Property. 12. Notices. All notices, requests, demands and other communications shall be in writing and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next -business -day delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. If to Tenant, to: Omnipoint Communications, Inc. Attn: Property Management 4 Sylvan Way Parsippany, N7 07054 With a qM to: T-Mobile USA, Inc. Attn: PCS Lease Administrator 12920 SE 38" Street Bellevue, WA 98006 With a copy to: Attn: Legal Dept. Sn'E NUMBER: 4Bv0324B 5 ROOFTOP -V. 92147 SITE NAME: Holiday Imt MARKET: NEW ENGLAND cut If to Landlord, to: Champlain School Apartments Partnership C/o Larkin Realty 410 Shelburne Rd. Burlington, VT 05401 With a cony to: Carl H. Lisman, Esq. Lisman, Webster & Leckerling, P.C. 84 Pine St., 5°i Floor P.O. Box 728 Burlington, VT 05402-0728 13. Quiet Enjoyment, Title and Authority. As of the Effective Date and at all times during the Initial Term and any Renewal Terms of this Lease, Landlord covenants and warrants to Tenant that (m7 Landlord has full right, power and authority to execute and perform this Lease; (ii) Notwithstanding that Landlord acquired the Property from Harper Hotels, Inc., an Indiana corporation ("HHI"), and that there is no record of how HHI acquired the Property from Harper Hotels of VT, Inc., a Vermont corporation, the predecessor in the chain of title, Landlord has good and unencumbered fee title to the Property free and clear of any liens or mortgages, except those heretofore disclosed in writing to Tenant and which will not interfere with Tenant's rights to or use of the Premises; (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord; and (iv) Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. Landlord hereby agrees to indemnify and hold harmless Tenant from and against any and all claims, damages, costs and expenses, including reasonable attorney fees, to the extent caused by or arising out of Landlord's breach of any of the covenants and warranties set forth above. 14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste (collectively, "Hazardous Substance"), other than those substances used in the customary and' ordinary course of Landlord's business and which comply with applicable laws, on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused solely by Tenant, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the -existence of any Hazardous Substances on the'Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively, "Actions'), that relate to or arise from the indemnitor's activities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall survive the termination or expiration of this Lease. IS. Assignment and Subleasing. (a) Tenant shall have the right to assign or otherwise transfer this Lease and the Licenses (as defined above) to any person or business entity which: (i) is FCC licensed to operate a wireless communications business; (ii) is a parent, subsidiary, or affiliate of Tenant or Tenant's parent; (iii) is merged or consolidated with Tenant; or (iv) acquires more than fifty percent (50%) of either an ownership interest in Tenant or the assets of Tenant in the "Metropolitan Trading Area" or "Basic Trading Area" (as those terms are defined by the srMNUM88R 4BV0324B 6 ROOM? —V.9.23.07 SrrENAMF HDUday Ina �@ MARKET: NEW ENM AND pi FCC) in which the Property is located. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublease the Premises upon written notice to Landlord. Tenant may otherwise assign this lease upon written approval of Landlord, which approval Landlord shall not unreasonably delay, withhold, condition, or deny. (b) Landlord shall have the right to assign or otherwise transfer this Lease and the Licenses granted herein, upon written notice to Tenant, except that any assignment or transfer of this Lease which is separate and distinct from a transfer of Landlord's entire right, title and interest in the Property, shall require the prior written consent of Tenant which may be granted or withheld in Tenant's sole discretion. Upon Tenant's receipt of (i) an executed deed or assignment document and (ii) an IRS Form W-9 from assignee, and subject to Tenant's consent, if required, Landlord shall be relieved of all liabilities and obligations hereunder and Tenant shall look solely to the assignee for performance under this Lease and all obligations hereunder. (c) Additionally, notwithstanding anything to the contrary above, Landlord or Tenant may, upon notice to the other, grant a security interest in this Lease (and, as regards the Tenant, in the Antenna Facilities), and may collaterally assign this Lease (and, as regards the Tenant, in the Antenna Facilities) to any mortgagees or holders of security interests, including their successors or assigns (collectively "Secured Parties"). In such event, Landlord or Tenant, as the case may be, shall execute such consent to leasehold financing as may reasonably be required by Secured Parties. 16. Successors and Assigns. This Lease and the Licenses granted herein shall run with the land, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof, which shall be deemed personal• property for the purposes of this Lease, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Secured Parties the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in Tenant's and/or Secured Party's sole discretion and without Landlord's consent. 18. Miscellaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to reimbursement from the other party of its reasonable attorneys' fees and court costs, including appeals, if any. (b) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements with respect to the subject matter and property covered by this Lease. Any amendments to this Lease must be in writing and executed by both parties. (c) Landlord agrees to cooperate with Tenant in executing any documents necessary to protect Tenant's rights in or use of the Premises. A Memorandum of Lease in substantially the form attached hereto as Exhibit C may be recorded in place of this Lease by Tenant. (d) In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon request of Tenant, to use commercially reasonably efforts to obtain and furnish to Tenant a non -disturbance and attornment agreement for each such mortgage or deed of .trust, in a form reasonably acceptable to Tenant. (e) Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to ekecute such documents as the title company may require in connection therewith. STM NUMBER: 4SV03240 7 ROOFTOP — V. 9.21.07 SrMNAM£: Holiday Inn MARKET: NEW ENGLAND i _ ; (f) This Lease shall be construed in accordance with the laws of the state in which the Property is located, without regard to the conflicts of law principles of such state. (g) If any term of this Lease is found to be void or invalid, the remaining terms of this Lease shall continue in hill force and effect. Any questions of particular interpretation shall not be interpreted against the drafter, but rather in accordance with the fair meaning thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. (h) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacities as indicated. (i) This Lease may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 0) All Exhibits referred to herein are incorporated herein for all purposes. The parties understand and acknowledge that Exhibits A and B may be attached to this Lease and the Memorandum of Lease, in preliminary form Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A and/or B, as the case may be, may be replaced by Tenant with such final, more complete exhibit(s). (k) If either party is represented by any broker or any other leasing agent, such party is responsible for all commission fee or other payment to such agent, and agrees to indemnify and hold the other party harmless from all claims by such broker or anyone claiming through such broker. 19. Marking and Li tin, Requirements. Landlord acknowledges that it and not Tenant, shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Landlord shall indemnify and hold Tenant harmless from any fines or other liabilities caused by Landlord's failure to comply with such requirements. Should Tenant be cited by either the FCC or FAA because the Building is not in compliance and, should Landlord fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Tenant may either terminate this Lease immediately on notice to Landlord or proceed to cure the conditions of noncompliance at Landlord's expense, which amounts may be deducted from Rent otherwise payable under this Lease. The effective date of this Lease is the date of execution by the last party to sign (the "Effective Date"). [SIGNATURE PAGE FOLLOWS] SrrENUMBER: ABV0324B $ RODFrOP—V.9.21.07 SIrENAME: Holidaylan MARKET; NEW ENGrAND k LANDLORD: CHAIVIPLAIN SCHOOL APARTMENTS PARTNERSHIP By: --- " Printed Na l n Title: u,) Date: i o TENANT: OMNIPOINT COMMUNICATIONS, INC. By: Printed ame: Anne Pa ick Title: Area Director Date: —�- — SrMNUMBER: 4BV0324B 9 ROOFTOP— V.9.21.07 SITE NAME: Holiday lm O� MARKET: NEW ENGLAND p p� DEVELOPMENT REVIEW BOARD 17 MARCH 2O09 The South Burlington Development Review Board held a regular meeting on Tuesday, 17 March 2009 at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Behr, Acting Chair; E. Knudsen, G. Quimby, R. Farley, P. Plumeau Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; M. Hall, D. Burke, A. Soloman, J. Rowley, J. Clayton, S. Hays, L. Bloxham, C. Rainville, D. Mallik, C. Sheil, M. Townsend, S. McClellan, B. Armstrong, L. Wilson, D. Dickey, D. Marshall, J. Jaeger, T. McKenzie, B. Bouchard, B. Gardner, P. Brogna I. Other Business & Announcements: No issues were raised. 2. Minutes of 3 March 2009: The Minutes of 3 March 2009 were not available. 3. Site Plan Application #SP-09-19 of Ninety Nine Swift Street Associates, LLC, to amend a previously approved plan for a 22,500 sq. ft. general office building. The amendment consists of converting 7,500 sq. ft. of general office use to medical office use, 99 Swift Street: Mr. Belair advised that the applicant had asked for a continuance. Ms. Quimby moved to continue Site Plan Application #SP-09-19 until 7 April 2009. Mr. Farley seconded. Motion passed unanimously. 4. Conditional Use Application #CU-09-01 of Omnipoint Communications, Inc., to install nine panel antennas and a 10'x14' equipment area on the roof, 1068 Williston Road: and 5. Site Plan Application #SP-09-04 of Omnipoint Communications, Inc., to amend a previously approved plan for a 173 room hotel and a 150 seat restaurant. The amendment consists of: 1) installing nine panel antennas, and 2) installing a 10'x14' equipment area on roof of building, 1068 Williston Rd: Mr. Behr noted a height waiver is involved for equipment above the building. Mr. Hall noted this is the Holiday Inn on Williston Rd. Staff had no issues with the applications. r f southburlingon PLANNING & Z.ONING March 20, 2009 Joshua Delman 398 Sun Valley Road Morrisville, VT 05661 Re: #SP-09-04, #CU-09-01 Dear Mr. Delman: Enclosed, please find copies of the Findings of Fact and Decisions rendered by the Development Review Board on March 17, 2009 (effective 3/3/09). Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincerely, )m4t kv� - Jana Beagley Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7008 0150 0003 6150 6062 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE; 1'(ON M a0(5 1 NAME MQII I r_ enn��c� ---I f ® 'BOX �v r-MuJCI. 1 Ur IN I LKEST 6 cl s � +- Zoo a �(2. �fArc� NR S r �Gi ��V\ Caves"t f � :--�nyn A r CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). H ARING DATE: f fL NAMELING ADDRESS PROJECT OF IN TERES T V -T, LPN � i,� ,,Ur,� TU 6 �L ��� jjL � 1 .1L go �r�-x�.z�. 2�. ut-� Q M i�h� �3�t CZTJ 'j lL1rJ Z?5QF-CA,J`c-t-o jj Lj"" sor.1 'jI PIE-C-4 W(Li—t-,rots �!T U54'�S tY�cio.lSar� ICK15c !J"J 7 `ti CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working ^^nndays. 24 V.S.A. § 4471(c). H ARING DATE: "UV RCS % C NAME Z M (LING ADDRESS PROJECT OF INTERE b� co 10, l March 20, 2009 Mark Hall P.O. Box 1307 Burlington, VT 05402 Re: 1068 Williston Road Dear Mr. Hall: FILE COPY Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Jana Beagley Planning & Zoning Assistant Enc. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburf.com CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date- March 11, 2009 \drb\sit\omnipoint\1068WillistonRoad_siteplan_cu.doc Plans received: January 13, 2009 1068 Williston Road- Holiday Inn CONDITIONAL USE APPLICATION #CU-09-01 SITE PLAN APPLICATION #SP-09-04 Agenda #4 and #5 Meeting date: March 17, 2009 Owner Applicant Champlain School Apartments Partnership Omnipoint Communications Inc 410 Shelburne Road c/o Centerline Communications LLC Burlington, VT 05401 398 Sun Valley Road Morrisville VT 05661 Property Information Tax Parcel 1810-1068 C1 District 3.91 Acres Location Map Subject Property •k T. j fV NF INT, r i >a v kkt - Q fFWe oft PROJECT DESCRIPTION Omnipoint Communications LLC is seeking conditional use approval to install nine (9) panel antennas and a 10'x14' equipment area on the roof, 1068 Williston Road. Omnipoint Communications LLC is also seeking site plan approval to amend a previously approved plan for a 173 room hotel and a 150 seat restaurant. The amendment consists of: 1) installing nine (9) panel antennas, and 2) installing a 10'x14' equipment area on roof of building, 1068 Williston Road. COMMENTS Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on January 13, 2009 and have the following comments. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations the proposed conditional use shall meet the following standards: 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. The proposal is to locate telecommunications equipment on the roof of a hotel. The proposed additions will protrude 7' above the peak of the rooftop. However, as the equipment will be located more than 120' back from the front of the building, visual impact will be minimized. Therefore, staff does not feel it will have a significant impact on the planned character of the area. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Pursuant to Section 5.01(A) of the Land Development Regulations, the Commercial 1 District is formed to encourage the location of general retail and office uses in a manner that serves or enhances a compact central business area. Other uses that would benefit from nearby access to a central business area may be permitted if they do not interfere with accessibility and continuity of the commercial district. Staff feels the proposed placement of equipment on the existing hotel roof is in compliance with the stated purpose of the C1 District, as it is in an area that is densely developed with commercial uses. 3. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. Staff believes that the proposal will not adversely affect municipal services. 2 (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. Staff believes that the proposal is in keeping with the character of uses on surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. The proposed additions will protrude 7' above the peak of the rooftop. However, as the equipment will be located more than 120' back from the front of the building, visual impact will be minimized, and so the proposed equipment location will not have a significant impact on the character of the area. (c) Traffic on roads and highways in the vicinity. The proposal will not affect traffic in the vicinity. (d) Bylaws in effect. The proposal is in keeping with applicable regulations. (e) Utilization of renewable energy resources. The proposal will not adversely affect renewable energy resources. (0 General public health and welfare. Staff does not believe that the proposal will have an adverse affect on general public welfare or the health of the surrounding public. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Staff feels the proposed project will not have an impact on the transition from structure to site and from structure to structure. The proposed location of equipment will be compatible with the existing structures. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is not applicable to the proposed project (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. 3 The applicant has stated that the equipment will protrude 7' above the peak of the rooftop. This is above the maximum regulated height of buildings and will therefore require a height waiver. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Staff finds that the elevation submitted demonstrates substantial adherence to this criterion. The proposed equipment will be visually compatible with existing structures on site. (fl Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Staff feels the proposed project relates harmoniously to the area. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to require any additional access to abutting properties as part of this application. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already stated that pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). There are no needs to revise the site plan with respect to this criterion. .19 (d) Landscaping and Screening Requirements Because no buildings are proposed, there are no requirements for additional landscaping. Access/Circulation Access and circulation on the property will remain unchanged through the proposed project. Height Waiver The applicant is proposing to locate the equipment at a maximum height of 47 feet. This is above the regularly permitted height of structures in the district (35 feet for flat roofs) and shall require a height waiver. Similar (previously approved) telecommunications equipment exists on the site via a waiver of 14 feet. Staff recommends that the Development Review Board grant a height waiver of 12 feet. 1. The Development Review Board shall approve a height waiver of 12 feet. RECOMMENDATION Staff recommends that the Development Review Board approve Conditional Use application #CU-09-01 and Site Plan application #SP-09-04, conditional upon the numbered items in the "Comments" section of this document. Respectfully submitted, CathyanP LaRose, Associate Planner Copy to: Joshua Delman, for the applicant Photo Simulation — Proposed Conditions C&S Engineers, Inc. 499 Cod. Eileen Collins B1va, Syracuse. New York 13212 Phone. 315455.2000 Pwww Fax 315-455-933667 c3cos.com Proposed Omnipoint Panel Antenna (Typ. 9) Photo 1 b — View from Holiday Inn Front Parking Lot O m n i po i nt "Holiday Inn" 4BV0324B Communications South Burlington, VT Proposed Omnipoint Panel Antenna (Typ. 9) txisting venzor mu at — Proposed Conditions Photo 2b — View from Dorset St. & US 2 (Williston Rd.) C&S Engineers, Inc. O m n i po i nt "Holiday Inn" 4BV0324B 499 Col. EAven Collins 8-d. SWOMM, Now York 13212 South Burlington, VT F 54W9W7 Communications g www.Caoo6.oOM Proposed Omnipoint Panel Antenna (Typ. 9) J &,, 74 — L Photo Simulation — Proposed Conditions Photo 3b — View from US 2 (Williston Rd.) & 1-89 S. Ramp CBIS Engineers, Inc. "Holiday Inn" 4BV0324B d9BCo+.EeeenCollins Blvd. Omnipoint South Burlington, VT Syracuse, Mew York 13212 ?hone: - 50C Communications COMPANIES Fax 3s5a55-96f5-9667i7 www 4SC06_ com Photo Simulation —Proposed Conditions Photo 4b — View from US 2 (Williston Rd.) Bridge Over 1-89 CRSEngineers,Inc. Omnipoint "Holiday Inn" 4BV0324B Sraw e4�York1 212 South Burlington, VT ft";31NewvOrk,3212 Communications PMona:315-455.2000 Fax: 315-45$ %$7 SITE INF BMATI N I.,Io owoE awvNF,.w z:I,oa .rnrni rr� m nrFTr+n: awrwrt u....w.r mra ,ORiPI w.M � SU,C aaAm: amooDl „aAF, M MC � IYMc �Mo�L we FO�sr K r� rml awnY aawol I No DIr. �iMlgenp fMM�r�AaY wa� FFT1{ � FWdN IIOOf/T9M A ,�O A ll.ylt ,I[ munoll C/n[N �l�rT M w Wm-aas av re .wnr w we ieo+� a.na eemon aooc awmoni �oa�n,o. o.�n �p�p�F� � wd�uva Poi � sa. w.Ml[, Yw® puLaY ,Dt, � tIWaMIM ICA �lff WMLM'NW � �� ^M��I®I nO rat .deMLLY ,IVM,m .mitt A ldwoA No IaG�1lM �RwpM Mb A to SITE NUMBER: 4BV0324B SITE NAME: HOLIDAY INN ZONING DRAWINGS LOCATION MAP F �J 3 V fill .e G t p y;• 4� s-4 4 11. pPOJEGi ++.ar ¢ r. q n SAEp@ y f f[ P�•, �II �4',.y �D�q,'. �� � 9 � 4 fl fir .,w � � °4 s d X DIG SAFE, MIC. !6B-0 AFE (3M 7233) FORMA - NE - NN - RI - VT � wMmnmr� � r,e.eue ague .o�� o o a R I I I I I R a I a wN`wa.�ra wo�aw.� ,o ' oennra �nma I m10 Roof Ptah k BUILDING ELEVATION ^x • �� NOTE: JV ,6' D 911 GPS/LMU ANTENNA MOUNTING DETAIL NOT To —E 17 F� Q�.MGm�M LQl R� � -•Y • _••• _•_ OwdlYi T11µ�iY� a EQUIPMENT ELEVATION NOT TO SOME e ""a, bOeclk K . tSY Al I r lf-Naq \ T. BBU CABINET DETAIL NOT o sa ANTENNA DETAIL "a ANTENNA PLATFORM MOUNTING DETAIL NOT TO scuE ANTENNA TRUSS MOUNTING DETAIL BTS CABINET DETAIL NOT TO scA E 0 1. PLOT PUN WT TO S —.t — C&S Engineers, Inc. mn Oi poini oint Communications, Inc. 499 Col. Eileen Collins Blvd. SITE NAME: HOLIDAY INN � �o � �"''�,t Omnp Syracuse,New York 13212 SITE NUMBER:4BV0324B Communications, fl *� Phone: 315455-2000 1068 WILLISTON ROAD Li We �� a ZONING DRAWING D 7-3(1-OB ISSUED FOR FlL1NG AIFL ENK RND o = wwwR Fax.c cos.c 9667 SOUTH BURLINGTON, VT 05407 Inc. WA NO. DATE REVWNS BY CNK Ss,r` DKAWW NUMBER REv Owww.cscos.com 15 COMMERCE WAY, SUITE 8 �E NORTON, MA 02766 ALE: AS SHOWN DESIGNED BY: DRAWN BY: Z1 � 11 y Photo Simulation — Existing Conditions C&S Engineers, Inc 4" Col. Eileen Collins Blvd. Syracuse, New York 13212 Phone: 315.455.2000 Fax. 315455-9667 wwvv fa00s.tom E Photo 1a — View from Holiday Inn Front Parking Lot Omni point "Holiday Inn" 4BV0324B Communications South Burlington, VT Photo Simulation — Existing Conditions C&S Engineers, Inc. 499 COI Eileen Colons Blvd Syracuse, New York 13212 1: 01, S Phone: 315-455.2000 . , Fax 315-455-9667 NIES www.cscos. com Photo 2a — View from Dorset St. & US 2 (Williston Rd.) O m n i po i nt "Holiday Inn" 4BV0324B Communications South Burlington, VT Photo Simulation — Existing Conditions C&S Engineers, Inc. 499 CW EiWen CoQns Bwo. . Syracuse. New York 13212 Phone. 315-455.2000 • , Fax.315-455-9667 NIES www.cscos.corn Photo 3a — View from US 2 (Williston Rd.) & 1-89 S. Ramp O m n i po i nt "Holiday Inn" 4BV0324B Communications South Burlington, VT Photo Simulation — Existing Conditions Photo 4a — View from US 2 (Williston Rd.) Bridge Over 1-89 C&S Engineers, Inc. O m n i poi nt "Holiday Inn" 4BV0324B 49Q Col Eileen CoihnB Btvd. C US SWawse.New vork1Jzu South Burlington, VT Pn,315,55*67 Communications COMPANIES Fax.315.455.96fi7 W VM tacos tom Site Plan Application Permit Number SP- APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #): 2. LOCATION OF LAST RECORDED DEED (Book and page #): 3. APPLICANT (Name, mailing address, phone ilrhhr 0L�f . Goo'mur. COcc owl Svc,- Cl o ,f.11�'I Gr�11'lt �,.7 Mwnl�.Y�I Gw `Oh5 3 4; d fax #): k11-491)— 4051 1 q11- ;N1- ,50 Cf) uv% Vd l..i R d_ . M or itx ,{te vT- K661 4. CONTACT PERSON (person who will recei�Y e all correspondence from Staff. Include name, address, phone & fax #): :L5� a. T• d _ Man S.l e +cs above a. Contact e-mail address: I osh G�+ he (tc. co 5. PROJECT STREET ADDRESS: 11)6Q, 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 1 9I D — 0 t 0 6 0 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): Pre R I6,t is ro 0,S , m c W o,4-r_AV\-0L 10, X ILI r o The Antenha, wi 11 r o V,.-F :c 4n' A6.L. 1 Site Plan Application b. ExiVrtlilrr�U ting Uses on Property (including description and i, rLLVYta1i.1 IASeI ec a- k0+61. of each separate use): t, LL j IAr� c. Proposed Uses on ropprty (include description and size of epch new use and existing uses to remain): kppl, OLKn iS Fig OS)" -+n tnAA1 a +-cIec OVKh LJLIMC,u.l K3 !1/.� tlTll d. Total building square footage on property (proposed buildings and existing buildings to remain): u Ift e. Height of building & number of floors (proposed buildings and existing buildings to remain, Spec ify if basement and mezzanine): &%.i � �, ra kr,t tkt = Ito' 1fDi o oScl tog of a,,lchna ---I Li+/ f. Number of residential units (if applicable, new units and existing units to remain): g. Number of employees & company vehicles (existing and proposed, note office ver us non - office employees): F�to, �i{� is u.h ry ►. � A. l - a- hny I rkL& Ku A f- tl' of h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): No C-WO-/ AI( �G10�1t r0_i,,,rLd. 8. LOT COVERAGE Total Parcel Size: U 4. , $ % � Sq. Ft. a. Building: Existing 13 % / 3 $Lfi3 sq. ft. Proposed i)r►c► m"QP/o / uNcw"&eh sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing II- % / 13 1 b(S sq. ft. Proposed KNc►fftar't7 % / � cWA-N(AFn sq. ft. c. Front yard (along each street) Existing _% / sq. ft. Proposed uNcibMueO % kwcltrm(j0q. ft. 2 Site Plan Application d. Total area to be disturbed during construction (sq. ft.) 0 ;K 14LL EQu►PME 7' IV(LL 13t /NS/W-LkM ON 7W-6 20eF_r- r. * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): $ 50 coo. 'n b. Landscaping: $ ►j 1 4 c. Other site improvements (please list with cost): WIa 10. ESTIMATED TRAFFIC a. Average daily traffic for entire property (in and out): �I 14 uhc�c� J b. A.M. Peak hour for entire property (in and out): c. P.M. Peak hour for entire property (In and out): N` 11. PEAK HOURS OF OPERATION: Q — P IM 12. PEAK DAYS OF OPERATION: M -- F r L 13. ESTIMATED PROJECT COMPLETION DATE: Weeks �raW. Cops' YK�tI �� S� d.rt 14. ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) 3 Site Plan Application I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. NATURE OF APPLICANT SIGNATVR"F PROPERTY OWNER PRINT NAME Do not write below this line DATE OF SUBMISSION: / i Ll �16 � REVIEW AUTHORITY: [T Development Review Board ❑ Administrative Officer I have reviewed this site plan application and find it to be: 2 Complete „ ] Incomplete C. 111316119 r of Planning & Zoning or Designee 5 Permit # (q- U U - o' APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation M'Request for a conditional use ( ) Request for a variance ( ) Other ISION OF ZONING ORDINANCE IN QUESTION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? 1) OWNER OF RECORD (Name as shown on deed, .ma IJn9 address,, phone & fax #): Ll,(A.►�' 54-')-i f}Pc�rtrntnts �{ �.ers �� $oL-9io3-6163 1 to SC16w n R_�, 4-L Burt—Burt-4 tbn S 0a 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone and fax i #) b11-` rro-bD'Fi 11 411-5'it- srwa u) 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing_ address, phone & fax # if different from above): rl svo 5) PROJECT STREET ADDRESS: _ 1 U b 8 W 'I 1i I si-on fZo a A 6) TAX PARCEL ID #: lit d— 01 06Q 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): n(� ff,,, Pnrnn/.r+U IS ip L✓/n.Aflq ULA Ac A. UA. B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): , ,t . % , C. Total building square footage on property (proposed buildings & existing building to remain): D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basem n & mezzanine): R id;nj L"'jkf -- 4rf rao A-.eI `f'Ja E. Number of residential Units (if applicable, new units & existing units to remain): N 1 A F. Number of employees 4 company vehicles (existing & proposed, note of icQ vs. non -office employees): Tol ',Ii N 14 Loma nr c A. I— )- IAACC L' /rhos . G. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): NI C.,nvr o✓ 5e-04ic t'aaui re,A . 8) LOT COVERAGE A. Total parcel size: I I� °l . $ $ Sq. Ft. B. Buildings: Existing } 3 % 3 Sq. Ft Proposed kr►cwg*j c%M-% / law (ItArj U, ED Sq. Ft. C. Overall impervious coverage (building, parking, outside storage, etc) Existing -�} % / 13 1, btu Sq. Ft. Proposed wN c rt A-N(,r0/o / 1kv, fiI vI N uR Sq. Ft. D. Total area to be disturbed during construction Sq. Ft. * * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ SD, 60Q. 00 B. Landscaping $ N A C. Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and out): N ` q - k �-kVl B. A. M. Peak hour for entire property (in and out): NJ A - ►�<�n4�c�c *l C. P.M. Peak hour for entire property (in and out): N A _ u ^� ^4 11) PEAK HOURS OF OPERATION � - -" P M 12) PEAK DAYS OF OPERATION K - 13) ESTIMATED PROJECT COMPLETION DATE a W ceVs +cowl Co^St,,V l a•+ Staet 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. C-\L SIGNATURE OF APPLICANT NA E F PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Er Development Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be: ®' COMPLET ❑ Incomplete � 3 Director of Planning & Zoning or Designee Date ®fe PA, south urfiugtou PLANNING & ZONING March 13, 2009 Joshua Delman 398 Sun Valley Road Morrissville VT 05661 Re: March 17, 2009 Hearing — 1068 Williston Road Dear Mr. Delman: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, March 17, 2009 at 7:30 p.m. If you have any questions, please give us a call. Sincerely, 7 2yN�. G Jana Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 'SEVEN DAYS I febrllary 25-march 04, 2009 1 classifieds 31B l/ sevendaysvtxom .[click on classifieds] Show y Open 24/7/365. Extra! Extra! •------- �� View ndns t up to Post & browse ads There's no limit to a P 6 photos per ad online. _ .�*' at your convenience. ad length online spirit BASIC PSYCHIC DEVELOPMENT: With Bernice Kalman. 10 Thurs- days starting March 19th. Cost: $175. Location: Underhill. Space is limited„ reserve your space now! Info: Bernice Ketman, 802- 999-3542, ketman.b@juno.com. Everyone fs barn with natural psy. chic abilities. There is nothing "su. pernatural" about these abilities. All children are naturally psychic. We were psychic when we were chil. dren. However, our culture teaches us to shut off these abilities. You can learn simple and easy ways to top into your own hidden abilities, to "become as little children" and play as naturally as you did then, to use your inborn toleau to make your bfe healthier, happier, more loving and more fun. ---------------- spirituality ESOTERIC CHRISTIANITY: Mar. 14 - Apr. 4, 2-4 p.m., Weekly on Saturday. Cost: $60 Location: 55 Clover Lane, Waterbury. Info: Sue, 802-244-7909. Discover the "hid- den wisdom in the Holy Gospel" in this workshop that uses exercises and hands-on experience to reveal the deeper layers of meaning in both the Old and New Testament. Led by Or. Sue Mehrtens, teacher and author. LIFE PURPOSE HAND READ- INGS: 12:30.5:30 - p.m., Sat., March 7, & Tues., March 20. Cost: ,$35/30-minute consult. Location: "Spirit Dancer Book Store, 122 S. Winooski Ave., Burlington. Info: HandTates, Janet Savage, 802- 660-8060, Janet@handtates.com, www.handtales.com. Join Janet, Master Hand Analyst Mar. 7orMar. 10 to discover the power and magic of hands. Stuck in career, relation. ship, creative path? Your hands offer the most Complete picture of Your life. No predictions. Discover your highest purpose and what is getting in the way. Preregister, call 660-8060. tai chi SNAKE STYLE TAI CHI CHUAN: Beginner classes Sat. mornings & Wed. evenings. Call to view a class. Location: BAD TAX FAI TAI CHI INSTITUTE , 100 Church Street, Burlington. Info: 802- 864-7902, www.iptaichi.org. The Yang Snake Style is a dynamic taf chi method that mobilizes the spine while stretching and strengthening the core body muscles. Practicing this ancient martial art Increases strength, flexibility, vitality, peace of mind and martial skill ------------ theater , THE ART Of PLAYBACK THEATRE: Mar. 10 - Jun. 23, 6:30-9 p.m. Cost: 5110/2.5-hour class. Loca. tion: Old North End Studio, 294 N. Winooski Ave., Burlington. Info: Vermont Playback Theatre, Jennie Kristel, 802-860.6203, www.vermontplaybacktheatre. org. Come play, awaken your senses, learn the fundamentals of Playback Theatre. PT is an interan tfve, improvisational theatre forth used to illuminate life and incite dialogue. Personal life stories are shared by audience members and then re-enacted spontaneously on stage by a team of actors. We will Practice its forms and listen to our awn stories. visual arts MONOTYPE: HAND -PULLED PRINTS: Mar, 7, 9 a.m. - 3 p.m. 1-day workshop. Location: Shel- burne Art Center, 54 Falls Rd., Shelburne. Info: Shelburne Art Center, 802-995.3648, www.shel- burneartcenter.org. A monctype h a type of printmaking done by drawing or painting on a surface and then transferring the image onto a paper by pressing the two together. In this introductory work. shop, students will learn various techniques using black, white and coin, inks. Members 185, nonmem- bers $95, materials s20. ---------------- weight loss WEIGHT LOSS & CHINESE MEDI- CINE: Mar. 11 - Apr. 29, 6:30.7:30 P.m., Weekly on Wednesday. Cost: $300/for 8-week series. Location: Eastern View Integrative Medi- cine, 385 Tilley Drive, S. Burling- ton. Info: The Ohatrf Foundation, 802.862-2333, ada@burtington- telecom.net, www.dhatrffounda- tion.org. Achieve your ideal weight in a healthy and balanced manner without heavy exercise car fad diets. Carrying extra weight is not the problem in itself rather it is a sign of imbalance. These imbalances, some people Con be born with, are easily correctable through the prin- ciples of Chinese Medicine. yoga BRISTOL YOGA AND AYURVEDA- patty Ashtango yoga classes for all levels. Special monthly work- shops on yoga, Ayurveda, diet and nutrition, breathing and medita- tion. Private sessions for yoga or Ayurvedic consultations avail- able by appointment. Cost: $14/ drop -in, $110/10 classes or SI00/ monthly pass. Location: Old High School Bristol. Info: 802-482- 5547, www.bristolyoga.com. This classicalform ofyogo incorporates balance, strength and flexibility to steady the mind, strengthen the body and free the souL Bristol Yoga is directed by Christine Haar, who was blessed and authorized to teach by Sri K Pattabhi Jofs of Mysore India, holder of the Ashton - go lineage. COPPER CRANE YOGA: INTE- GRATED YOGA FLOW with Janet Chill. 4-week series, S50/series. Tuesdays 5:30-7 p.m., 2/17-3/10. Preregister. Cost: $14/drop-in, $60/5-class card, S310/10-class card, $200/20-class card. Loca- tion: Copper Crane Yoga, 179 Main St., Vergennes. Info: 802- 877-3663, coppercraneyoga,com. Indhgdua4 group and custom yoga classes. Copper Chine provides wise and Compassionate teaching to strengthen the body, uplift the heart and cob. the mind. Be your. self here. Capper Crane is directed by Carolyn Conner, RYF, Advanced Certified Thai Yoga Bodywork Practitioner. Thai Yoga Bodywork and Zero Balancing sessions by appointment EVOLUTION YOGA: Daily yoga classes for all levels, convenient- ly located in Burlington. Cost: $14/10 class cards and unlimited memberships available for dis- counted rates. Mon., Wed., Fri. 4:30 p.m. classes are sliding sole S5-$10. Location: Evolution Yoga, Burlington. Info: 802.864.9642, www.evotutionvt.com. Our staff of all certified teachers am skilled with beginners as well as students wanting to refine their practice. Wnyesa, Anusara-Inspired, Krfpalu, Iyengar and babies/Ind, classes available. Prepare for birth and strengthen post-partum with pre/ postnatal yoga. Participate in our Community blog: evolutionvLmm/ evoblog. INTRO TO THAI YOGA BODY- WORK: Mar. 21, 9 a.m. - 5 P.M. Cast: $95/6-hour class. Location: Touchstone Healing Arts, 187 St. Paul St., Burlington. Info: Kristin Borquist, 802-985-5888, kristin@ kbestudio.com, www.kbestudfo. com. Learn simple, effective tech- niques to expand ease and flex. ibility. This clothed massage/move- ment art benefits both practitioner and receiver. Individuals and pairs welcome. No experience is required. Begin your professional training, or bring the gift of massage to family and friends. Enjoy a day that will be relaxing and rejuvenating. THE STUDIO AT THE FIELD HOUSE: Daily yoga & Pilates classes for all levels. Drop -ins welcome; no membership required. Cost: $15/ drop -in, 16q/month (6 classes). Unlimited yoga, $70 (incl. club membership). Location: 266 Ath- letic Drive, Shelburne. Info: 802- 985-4406, www.shelburneath- leticclub.com. W'nyam, lyengar, Anusara, Yin, Ashtanga & Kripalu classes as "a as reformer, mat & senior Pilates. YOGA VERMONT: Daily drop -in classes, plenty of choices, open to all levels, two locations. Cost: $14/drop-in, $115/10 class Card, $130/month pass. .Location: Chace Mill on Winooski River, downtown at 113 Church St. (top floor of the Leunig's building), Burlington. Info: 802-660-9718 www.yogavermont.com. Six.wee Skiier and Rider class, six.wee Intro to Ashtanga, Monthly Restor- ative, Adaptive Yoga, Yoga Instruc. tor Training Course and more listed I on wabsite. Gift artffimtes avail- `. able. For the latest, check out our blog: IsttliVyogovermonGtypepad. Co.. YOGA FOR MEN BY STEVE: Begin--: ner Level 1, Mon. & Wed., 6-7:15.? p.m. Intermediate Level II, Tues.,'� & Thurs., 6-7:30 p.m. Open Class;':f Level I & lI welcome, Sat. IO 11:30 a.m. Restorative yoga, SatN 12-1 p.m. Privte sessions ;v. JA able by appointment.. Location' 6393 Route 7, North Ferrisburgh', Visit our website www.admclesoft„•. ouch.com far detailed descriptio of class offerings. To schedule class or inquire about fees or s vices contact Jim, Jhart1159@Ca casLnet 802.330.8291. Class i istrotion limited to 6/cbsu. BURLINGTON DEVELOPMENT REVIEW BOARD Public Nearing Notice — March .� 17, 2009 6a� ' LPreliminary plat review of 9-unitL-RiMall 23, 2009 �" By virtue and in execution of planned unit development in 2 the Power of Sale contained in a new buildings; one with 4 units - certain mortgage given by LaSalle aril the other with 5 CHITTENDEN COUNTY, SS. Bank National Association as CHITTENDEN SUPERIOR COURT Trustee for First Franklin Mortgage Plans may be viewed in the Plan- DOCKET NO. S0722-08 CnC . Loan Trust 2D07-FFI, Mortgage ning and Zoning office, (City Hall, First Floor, 149 Church Street, Burlington), between the hour of 8:00 a.m. and 4:30 p.m. David White, AMP, Director of Planning and Zoning Individuals who require special armngements to participate are encouraged to contact the Depart- ment at least 72 hours in advance. For Information OR 865-7188 (865-7142 TTY). Mortgage Electronic Registration Systems, Inc. as nominee for Ac- Credited Home Lenders, Inc., Plaintiff ' v. Dean LePage, Gregory Supply Co., Mortgage Electronic Registration Systems, Inc., as nominee for Accredited Home Lenders, Inc. And Occupants residing at 1400 Hinesburg Road, South Burlington, Vermont. Defendants Charlotte Planning Commission NOTICE OF SALE Notice of Public Hearing Pursuant to Title 24 Chapter 117 V.S.A. and the Charlotte Land Use Regulations, the Charlotte Manning Commission wilt meet on Thursday March 19, 2009 at the Town Hall to hear the following applications: 7:30 PM Final Plat Hearing of Jill and Richard Lowrey for a subdivi. sion amendment to change the building envelope at 335 Upper Meadow Lane. Application material can be viewed at the Planning and Zoning Office. Participation in the hearing is a prerequisite to the right to appeal any decision related to these applications. ITN BUHLINGTON DEVELOP- lT REVIEW BOARD South Burlington Development ew Board will hold a public ing in the South Burlington HaU Conlerenpe Rppm. 575 at Street, South Burlington, lant on Tuesday, March 17, 9 at 7:30 P.M. to consider the 1. Preliminary plat application NSO-09-07 and final plat applica- tion NSO-09-08 of Shepard Brogna Gardner Stowe, LLC for a planned unit development Consisting of: 1) subdividing a 3.63 acre parcel de- veloped with a cemetery into two (2) 2 family dwellings and one (1) 3 unit multi -family dwelling, 200 Patchen Road. I. Conditional use application a(U-09-01 of Omnipoint Com. muniations, Inc to Install nine (9) panel antennas and a ID' x 14' equipment area on the mof, 1068 Williston Road. 3. Final plat application BSD-09- 11 of John Larkin to amend a Previously approved planned unit development consisting of five (5), multi -family dwellings for a total n of 160 units and a 40 is Ca gate housing facility. The amend- ? inent Consists of: 1) eliminating ". the 16 space parking lot on the west side of Quarry Hill Road, and 2) revising condition 810 of the 12/2/08 final plat approval (RS0.. 08-57), 270 Quarry Hill Road. . 4. Preliminary plat application The Burlington Development Re. {- 950-09-12 and final plat appUm- view Board MR hold a public heap b tion RSO-09-13 of Munson Earth ing on Tuesday, March 17, 2009 it Moving Corp. for a planned unit 5:00 p.m, in Contois'Auditorium, - development to; 1) subdivide a City Hall to consider the followin 44.42 acre parcel into two (2) lot applications: of 5,92 acres and 39.50 acres and 2) develop the 6.92 acre parcel 1.09-487CA; 61 Lyman Ave. (R with two general and medical Ward 5) Travis Kingsbury office buildings Comprised of arse Construction of new garage with - single story 15,000 sq. ft bunk in accessory apartment and one (1) two story 33,600 sq. ft. building, 1200 Hinesburg Road 2. 09-485BA; 72 North Willard St (RL, Ward 1) 72 North Willard St, LLC Appeal of zoning permit denial t install vinyl replacement window 3. 09-397PO; 298 East Ave. (RV Wad 1) Tim & Dina Dowhan/ Adam Hergenrother John Dfnktage, Chairman South Burlington Development Review Board By virtue and In execution of the Power of Sale contained in a certain mortgage given by Ac- credited Home Lenders, Inc. to Dean LePage dated October 22, 2004 and recorded in Volume 686, Page 101 of the Land Records of the Town of South Burlington, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the, purposes of foreclos- ing the salde will be sold at Public Auction at 10:30 A.M. on March 4, 2009, at 1400 Hinesburg Road, South Burlington, Vermont all and singular the premises described in said mortgage: To Wit Being all aiid the same land and Premises conveyed to Dean LePage r Warranty Deed of DMP Palmer Psociates,'LLC dated October 22, 004 and rgcorded October 26, 04 in Volume 686 at Page(s) 99 -f the City of South Burlington nd records. arms of Sale: $10,000.00 to be aid in Cash by purchaser at the lime of sale, with the balance due It closing, Proof of granting for the balance of the purchase to pe providedat the time of sale. he sale is subject to taxes due Ind owing to the Town of South terms to be announced sale or inquire at Lobe & 30 Kimball Ave., Ste. 306, Burlington, VT 05403, 802 Electronic Registration Inc. By: Joshua B. Lobe, Esq. Labe & Fortin, PLC 30 Kimball'Ave., Ste. 306 South Burlington, VT 05403 ;,STATE OF VERMONT `CHTTTENDEN COUNTY, S5. �CHITTENOEN SUPERIOR COURT DOCKET NO. SD742-08 CnC Copies of the applications are r available for public inspection at the South Burlington City Hall �( f« LaSalle Bank National Associa- tion as Trustee for First Franklin Mortgage Loan Trust 2007-FFS, Mortgage Loan Asset -Backed Certificates, Series 2007.FFI, Plaintiff V. Bridgette brassard, Mortgage Electronic Registration Systems, Inc., as nominee for Nationpoint, a Division of National City Bank And Occupants residing at 86 Pinecrest Drive, Unit 120, OF SALE Loan Asset -Backed Certificates, Series 2007-FF3 to Bddgette Brassard dated November 10, 2006 and recorded in Volume 704, Page 453 of the Land Records of the Town of Essex, of which mortgage the undersigned is the present holder, for breach of the condi- tions of said mortgage and for the purposes of foreclosing the same will be sold at Public Auction at 11:00 A.M. on March 4, 2009, at 86 Pinecrest Drive, Unit 120, Essex, Vermont all and singular the premises described in said mortgage: To Wit: Being all and the same lands and premises conveyed to Bridgette A. Brassard by Deed of Heidi M. Danforth and Shaun L. Danforth of approximately even date herewith and to be recorded In the town of Essex land Records. Terms of Sale: $10,000.00 to be paid in cash by purchaser at the time of sale, with the balance due at closing. Pmof of financing for the balance of the purchase to be provided at the time of sate. The sale is subject to taxes due and owing to the Town of Essex. Other terns to be announced at the sale or inquire at Lobe & Fortin, 30 Kimball Ave., Ste. 306, South Burlington, VT 05403, 802 660.9000. LaSalle Bank National Association as Trustee By: Joshua B. Lobe, Esq. Lobe & Fortin, PLC 30 Kimball Ave., Ste. 306 South Burlington, VT 05403 EQUAL HOUSING OPPORTUNITY ALL rad esuu Wveitieivg io this mwspapor is subject to the Fede,N Fsb Hoasivg Act of 1968 and eimfla V t sum. which make it illegal to advesrise any prtteccoce. lindradam. or discnmioadoo bued m ieee. min. religivo. sea, nadonm odgln, ...el oiienu ion, age, madW sue, handicap, pmo of minor cbfldnn in the fancily or uceipt of public asdatavice, on inrndoa to make my Inch pmlercnm, Hmiudm or a discrimimaon. The newspaper wiu Cos knowingly accept my ,&c dsing for Coal War, which is in violation of the law. Our radon ate herby informed that all dwclBage, aaveroeed in this newspnpn ace available on as eq-0 nppnrtuoity buffs. Any home seeker who [cads bar or she hu ercmnrrd discdromadon should contras the: HUD Office of Fair Housing, 10 causeway SL, Boston, MA 02222-3092 (617) 565.5309. OR Vermont Human Rights Commission. 135 Sm. St, Dower 33, Montpelier, VT05633.6301. 800-416-2010 Fax: 802-828-2480 rr southburlington PLANNING & ZONING February 24, 2009 Champlain School Apartments Partnership 410 Shelburne Road Burlington, VT 05407 Dear Property Owner: Enclosed is a copy of a public hearing notice that was printed in Seven Days. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development,, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. cc: Joshua Delman 398 Sun Valley Road Morrisville VT 05661 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com sou , � � � �. PLANNING & ZONING February 24, 2009 Windjammer Hospitality Group 1076 Williston Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that abuts property you own. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public hearing. cerely, SiP;� Jana Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www,sburi.com V � �. �+ 3 fie' ?�;• �.� y�'„ � _Rv PLANNING & ZONING February 24, 2009 Champlain Oil Co. P.O. Box 2126 South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that abuts property you own. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public hearing. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846,4101 www,sburi.com PLANNING & ZONING February 24, 2009 89-2 Realty Co., LLC c/o Josh Field 165 East 72"d Street #20C New York, NY 10021 Dear Property Owner Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that abuts property you own. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public hearing. Sincerely, JA4t1K-- Jana Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com { CCyh i W PLANNING & ZONING February 24, 2009 VT Trans District 5 P.O. Box 168 Essex Junction, VT 05452 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that abuts property you own. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public hearing. ncerely, Jana Beagley Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802,846.4101 www,sburi.com T T. 617-480-6059 1 F: 413-541-8158 \ 398 Sun Valley Road I Morrisville,V /lt 05661 T� CENTERLINE COMMUNICATIONSLLC August 15, 2008 City of South Burlington Attn. Development Review Board 575 Dorset Street South Burlington, VT. 05403 Subject: Omnipoint Communications Inc., a Delaware corporation d/b/a T-Mobile USA, proposed wireless communications facility at 1068 Williston Road, South Burlington, VT. Dear Mr. Belair: I am writing to request Conditional Use Approval for the proposed Omnipoint Communications Inc. (hereafter "T-Mobile") wireless communication facility on the rooftop at 1068 Williston Road, South Burlington, VT. The proposed installation would consist of nine (9) panel antenna (72"x13.5"x6"), coaxial cable and a 10'x14' equipment platform on the roof of the building. The antenna would extend a total of nine feet (9') above the existing thirty-eight foot (38') roofline. The proposed facility will require one to two maintenance trips per month. No sewer, septic or water is required. The proposed facility will comply with all applicable local, state and federal safety codes. If you should have any questions please do not hesitate to call me at 617-480-6059. Thank you for your attention to this request. Best Regards, Josh Delman Real Estate Development www.clinelic.com E HOLIDAY INN ABUTTERS: Windjammer Hospitality Group 1076 Williston Road South Burlington, VT 05403 Champlain Oil Co, Inc. (1055 Williston Road) PO Box 2126 South Burlington, VT 05407 Robert & Diane Smith 23 Concord Street Plattsburg, NY 12901 Sheraton Hotel c/o General Manager Felcom/MM S-7 Holdings, LP 870 Williston Road South Burlington, VT 05403 89-2 Realty Co., LLC c/o Josh Field 165 East 72nd Street #20C New York, NY 10021 VTrans District 5 PO Box 168 Essex Junction, VT 05452 Photo Simulation — Existing Conditions f33C&S Engineers, Inc. 4W COI. Eileen Collins Blvo. Syracuse, New York 13212 Phone: 315-455.2000 Fax. 315-455-9667 wWM MODS con" Photo 1a — View from Holiday Inn Front Parking Lot Omnipoint "Holiday Inn" 4BV0324B Communications South Burlington, VT S Photo Simulation — Proposed Conditions C&S Engineers, Inc 499 Coi Eileen Comns Bwc SyTaCUW New York 13212 Phone. 315455.2nOO fax 315455-9667 W— C-SCol; Com Proposed Omnipoint Panel Antenna (Typ. 9) Photo 1 b — View from Holiday Inn Front Parking Lot O m n i po i nt "Holiday Inn" 4BV0324B Communications South Burlington, VT y a Photo Simulation — Existing Conditions C&S Engineers, Inc. ns499 Col. Eileen Collins Blvd. Syracuse. New York 13212 Phone: 315.455.2000 Fax: 315-455-9667 www.CSCos.corn Photo 2a — View from Dorset St. & US 2 (Williston Rd.) Omnipoint "Holiday Inn" 4BV0324B Communications South Burlington, VT 5 Proposed Omnipoint Panel Antenna (Typ. 9) Existing Verizon Monopole oto Simulation —Proposed Conditions Photo 2b — View from Dorset St. & US 2 (Williston Rd.) CBS Engineers, Inc. O m n i poi nt "Holiday Inn" 4BV0324B 499 Col. Eileen Collins Blvd, i0s Syracuse, New York 13212 South Burlington, VT OPNIES Fax313155-9667 Communications + Fax-3t5-a55-9667 www.CSCAs. COm Photo Simulation — Existing Conditions CBS Engineers, Inc. 499 Cd, Eileen Collins Blvd. Syracuse- New York 13212 Phase.315-455.2000 Fax 315-455-9667 COMPANIES www CvcoS. com Photo 3a — View from US 2 (Williston Rd.) & 1-89 S. Ramp O m n i po i nt "Holiday Inn" 4BV0324B Communications South Burlington, VT Photo Simulation — Proposed Conditions Photo 3b — View from US 2 (Williston Rd.) & 1-89 S. Ramp anC&S Engineers, inc. O m n i po i nt "Holiday Inn" 4BV0324B 499 Col. Erleen Cdains Blvd Syracuse. New York 13212 South Burlington, VT Phones31500 Communications Fax .315-455-%67 5�96G7 www CSCOS. Com Photo Simulation — Existing Conditions C&S Engineers, Inc 4W Crl Eileen COhns Blvd. Syracuse, New York 13212 Phone: 315455.2000 Fax 315455-9667 vv w C=S MM r L� Photo 4a — View from US 2 (Williston Rd.) Bridge Over 1-89 Omnipoint "Holiday Inn" 4BV0324B Communications South Burlington, VT Photo Simulation —Proposed Conditions Photo 4b — View from US 2 (Williston Rd.) Bridge Over 1-89 CBS Engineers, Inc. O m n i po i nt "Holiday Inn" 4BV0324B 4W COI. Eileen Collins Blvd. Syracuse, Now York 13212 South Burlington, VT Phone. 5 5Communications Fax 3tM5-455-9667 5-9667 www cscos.com July 24, 2008 To Whom It May Concern: All proposed wireless communications equipment will be installed, erected, maintained and operated in compliance with all applicable Federal, State and local regulations, including, but not limited to: the radio frequency emissions regulations set forth in the 1996 Federal Communications Act, applicable regulations administered by the Federal Aviation Administration (FAA), and Federal Communications Commission (FCC). All equipment proposed is authorized by the FCC Guidelines for Evaluating the Environmental effects of Radio Frequency Emissions. The radio frequency exposure levels generated by the proposed facility are substantially below the maximum allowable health and safety standards established by the FCC. In addition, the proposed equipment and transmission characteristics are in compliance with standards set forth by the American National Standards Institute (ANSI) and the National Council of Radiation Protection (NCRP). Please let me know if there is any other information I can provide. Sincerely, Shaikh 'shake' Mahmood RF Engineer T-Mobile USA, Inc 15 B Commerce Way Norton, MA 02766 Phone (508) 286 2790 Fax (508) 286 2899 Federal Communications Commission q�P,. ••. 90q Page 1 of 1 Wireless Telecommunications Bureau 13 ems'° Radio Station Authorization LICENSEE NAME: omnipoint NY MTA License, LLC DAN MENSER OMNIPOINT NY MTA LICENSE, LLC 12920 SE 38TH STREET BELLEVUE WA 98006 FCC Registration Number (FRN) 0002145696 Call Sign File Number KNLF202 0002767667 Radio Service CW - PCS Broadband Grant Date Effective Date Expiration Date Print Date 01-18-2005 11-21-2006 12-14-2014 01-16-2007 Market Number Channel Block Sub -Market Designator MTA001 A 13 Market Name: New York 1 st Build -out Date I 2nd Build -out Date 3rd Build -out Date 4th Build -out Date 12-14-1999 12-14-2004 SPECIAL CONDITIONS OR WAIVERS/CONDITIONS Conditions: Pursuant to Section 309(h) of the Communications Act of 1934, as amended, 47 U.S.C. Section 309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the Frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. Section 310(d). This license is subject in terms to the right of use or control conferred by Section 706 of the Communications Act of 1934 as amended. See 47 U.S.C. Section 606. To view the geographic areas associated with the license, go to the Universal Licensing System (ULS) homepage at hfp://wireless.fcc.gov/uls and select "License Search". Follow the instructions on how to search for license information. FCC 601 - M B February 2006 Radio Base Station for Ericsson's GSM System General The RBS 2000 product family for Ericsson's GSM System offers the most advanced technology avail- able. With Ericsson's wide range of RBS 2000 products, the most cost-effective alternative is cho- sen for each situation, depending on capacity, cov- erage, space and environmental requirements. The RBS 2102 is an outdoor RBS supporting up to six transceivers per cabinet. It can be used in one, two and three sector configurations. The RBS 2102 is normally ground or roof mounted and pro- vides a durable, vandal resistant and weatherproof enclos tre, T _ to E-LIE hnri_r'c ,ntP rAA hatt.m, back- up time for a six TRU configuration is supported. 700 Fast Roll -out and Expansion RBS 2000 Macro allows for easy installation, with on -site testing and commissioning within one hour. This is accomplished as the RBSs are pre -assem- bled, arid.SW loaded and tested before delivery. The flexible design of RBS 2000 supports a num- ber of site configurations and expansion paths as the network grows. RBS 2000 sites are pre -defined as product packages, which guarantees a fast and cost-effective roll -out of typical RBS 2000 configu- rations. supeoer Coverage and 0apar_ity Ericsson provides superior radio performance thanks to the highest output power, combined with high receiver sensitivity for optimum coverage. Better coverage means less RBSs in a given area, and therefore lower investments and faster roll out. Depending on the operator's requirements concern- ing initial cost, coverage and capacity needs now, and in the future, number of antennas, and avail- able footprint, different site types should be chosen. Ericsson RBS 2000 Macro supports three basic solu- tions: Standard Range, Maximum Range and High Capacity. Maximum Range is accomplished by the use ofair combining and a Tower Mounted Amplifi- er. Standard Range and High Capacity are accom- plished by hybrid and filter combiners. Except for these basic solutions, Smart Range and the Ericsson unique Software Power Boost are also available. With Smart Range, a capacity cell can also provide cost-effective coverage. Software Power Boost extends the coverage of a cell by com- bining two transceivers into a virtual one by a sim- ple SW command from the O&M center. Prepared for the Future The RBS 2000 family is prepared for GSM data services, including General Packet Radio Services (GPRS), High Speed Circuit Switched Data (HSCSD) and 14.4 kbids timeslots. RBS 2000 supports Hierarchical Cell Structures (HCS) with up to three cell layers. To reduce transmission costs, Ericsson's RBS 2000 Macro offers two digital cross -connect solutions: the DXX plug-in unit and the Mini DXC. Both solutions can be fitted in the RBS 2102. Microwave equipment, such as the Ericsson MINI -LINK Access Module, can also be mounted in the RBS 2102. Key Features • Six transceivers • Superior radio performance • Fast roll -out • Outdoor environment • Vandal resistant • Optionally including in-built transmission equipment • Frequency hopping • Enhanced Full Rate and Half Rate speech coding • Tower Mounted Amplifiers supported • Integrated and optional external battery back-up • Supports Hierarchical Cell Structures • Supports GPRS, HSCSD, 14.4 kbit/s data • Supports extended GSM • Dual band Technical Specifications for RBS 2102 Radio Base Station for Ericsson's GSM System._ Frequemy band. E—GSM 900, GSM 1800,IGSM 1900 Tx: 925-960, 1805-1880 or 1930-1990 MHz MHz Rx. 880-915,1710-1785 or1850-1910 , Number of transceivers: 1-6 Number of sectors: 1-3 Transmission interface: 1.5 Mbit/s (TI), 2 Mbit/s (E1) Dimension (H x W x D): 1614 x 1300 x 710 mm (63m x 51 in x 28 in.) Weight without batteries: 480 kg (1057 lbs.) Power into antenna feeder.- 28 W d ! 44.5,Bm (GSM 900) � .., ....:. asp Receiver sensitivity: 5 -110 dBM Power supply: 100-1271200-250 V AC, 50 / 60 Hz Integrated battery back-up: Typical 4 hours (fully equipped) Operating temperature: -33•C - +45°C (-27°F - +113°F) Weatherproofing: Min level IP55 in 1EC 529 Ericsson Radio Systems AB SE-164 go Stockholm Sweden Telephone +46 S 757 00 00 Telefax +46 g 404 90 40 www.ericsson.se/gsm AE/1ZT =23 3o66 R4 ® Ericsson Radio Systems AB 1999 MINI -LINK is trademark of Telefonaktiebolager LM Ericsson, Sweden Optimizer® Panel Dual Polarized Antenna equipped with (2) ACU motors Gathering two X-Polarized antennas in a single radome this pair of variable tilt antenna provides exceptional suppression of all upper sidelobes at all downtilt angles. It also features a wide downtilt range with optional remote tilt. This antenna is optimized for performance across the entire AWS frequency band (1710-2170 MHz). The antenna comes pre -connected with the antenna control unit (ACU). • Variable electrical downtilt - provides enhanced precision in controlling intercell =" interference. The tilt is infield adjustable 0-10 deg. • High Suppression of all Upper Sidelobes (Typically <-20dB). • Gain difference between UL and DL <1dB. • Two X-Polarised panels in a single radome. • Azimuth horizontal beamwidth difference <7deg between UL and DL (1710-1755 & 2110-2155). • Low profile for low visual impact. • Dual polarization; Broadband design. 2 Frequency Band 3G/UMTS d Horizontal Pattern Directional r Antenna Type Panel Dual Polarized a Electrical Down Tilt Option Variable C 0 Gain, dBi (dBd) 18.0 (16.0) Avg. across band ° Frequency Range, MHz 1710-2170 0 E RFS The Clear Choice TM ' APX16DWV-16DWV-S-E-ACU I Print Date: 07.08.2006 Please visit us on the internet at http://www.rfsworld.com Radio Frequency Systems DEVELOPMENT REVIEW BOARD 17 MARCH 2O09 PAGE 2 Ms. Quimby moved to approve Conditional Use Application #CU-09-01 and Site Plan Application #SP-09-04 of Omnipoint Communications, Inc., subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 6. Preliminary Plat Application #SD-09-07 and Final Plat Application #SP- 09-08 of Shepard Brogna Gardner Stowe, LLC, for a planned unit development consisting of: 1) subdividing a 3.63 acre parcel developed with a cemetery into two lots of 1.51 acres (lot #1) and 1.52 acres (lot #2) and developing lot #1 with two (2) two-family dwellings and one 3-unit multi -family dwelling, 200 Patchen Road: Mr. Burke outlined the locations of lot 1, which would have 2 duplexes and a triplex, lot 2, which would be the cemetery, and lot 3 which is a. I I acre "captured area." This contains a wide infiltration swale and would be a common lot for the association. It was noted that staff has asked for a continuance as there was a delay in getting department reviews. Mr. Burke said they would have a public road so they wouldn't have to sprinkler the buildings. Mr. Burke noted that on 6 March they sent plans to Jay Nadeau at the Water Department. The major change he requested was to move the waterline to the south of the road, and this has been done. They also moved the hydrant. The Fire Department has not provided written comment, but Mr. Burke said they were told the 24-foot road was OK. He noted that the regulations require a 28 foot road, but he felt 24 feet was adequate since the road could never be extended. They are requesting a waiver for this as well as a right-of-way waiver from 60 feet to 50 feet. Ms. LaRose advised that Bruce Hoar met with the applicant and said 24 feet for the road was OK. He then told staff he thought 24 feet applied to the whole city and not only to the Southeast Quadrant. When he found out this wasn't the case, he said he wants a 28- foot road. Mr. Burke said there are 4 parking spaces being provided per unit, so a 24-foot road would not be compromised by parking. He added that there are only 7 units, and the road would never be extended. The narrower road also decreases the impervious area. Mr. Burke showed a little strip near the garage doors which could be added at staff s request. He didn't feel it was necessary, and it adds to the impervious. Mr. Burke said the radius at the proposed cul de sac is sufficient for maintenance and for emergency vehicles. r s► ,, INE91 southburlington PLANNING & ZONING September 22, 2008 Joshua T. Delman Centerline Communications 398 Sun Valley Road Morrisville, VT 05661 Re: Proposed T-Mobile Wireless Telecommunications Site at 1068 Williston Road Dear Mr. Delman: Based on the information provided in your letter of September 16, 2008 that the "total aggregate square footage of the antenna themselves to over twenty-six square feet", your proposal is not exempt under §4412(8)(A). Therefore, your project will require both site plan approval and conditional use approval from the Development Review Board before a zoning permit may be issued for the antenna installation. Should you have any questions, please feel free to contact me. Sincerely Raymond J. Belair Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com T: 617-480-6059 1 F: 413-541-8158 398 Sun Valley Road I Morrisville,V )t 05661 ) CENTERLINE COMMUNICATIONS III September 16, 2008 City of South Burlington Attn. Raymond Belair 575 Dorset Street South Burlington, VT. 05403 Re: Proposed T-Mobile Wireless Telecommunications Site 1068 Williston Road, South Burlington, VT. IITERMAIN104ME I am writing in response to your letter dated September 2, 2008. T-Mobile is proposing a total of nine (9) panel antenna at the site. The panels measure 53"x13"x3.5". This would bring the total aggregate square footage of the antenna themselves to over thirty-six square feet. If you should have any additional questions please give me a call at 617-480-6059. 1 hope to hear from you soon. Best Regards, Joshua T. Delman www.clinelic.com PLANNING & ZONING September 2, 2008 Joshua T. Delman Centerline Communications 398 Sun Valley Road Morrisville, VT 05661 Re: Proposed T-Mobile `vVireless Telecommunications Site at 1068 Williston Road Dear Mr. Delman: This is in response to your letter (unsigned) dated August 27, 2008. In order to determine whether your proposed installation at the above referenced property is exempt from local zoning regulations, please provide me with the following additional information: The aggregate area of the largest faces of all antennas installed on the property. One I receive this information, I should be able to determine if you are exempt from local zoning. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburf.com 10ptimizer® Panel Dual Polarized Antenna equipped with (2) ACU motors I Gathering two X-Polarized antennas in a single radome this pair of variable tilt antenna provides exceptional suppression of all upper sidelobes at all downtilt angles. It also features a wide downtilt range with optional remote tilt. This antenna is optimized for performance across the entire AWS frequency band (1710-2170 MHz). The antenna comes pre -connected with the antenna control unit (ACU). • Variable electrical downtilt - provides enhanced precision in controlling intercell interference. The tilt is infield adjustable 0-10 deg. • High Suppression of all Upper Sidelobes (Typically <-20dB). • Gain difference between UL and DL <1dB. • Two X-Polarised panels in a single radome. • Azimuth horizontal beamwidth difference <7deg between UL and DL (1710-1755 & 2110-2155). • Low profile for low visual impact. • Dual polarization; Broadband design. Technical Features Frequency Band 3G/UMTS Horizontal Pattern Directional Antenna Type Panel Dual Polarized Electrical Down Tilt Option Variable Gain, dBi (dBd) 18.0 (16.0) Avg. across band Frequency Range, MHz 1710-2170 RFS The Clear Choice TM APX16DWV-16DWV-S-E-ACU� Print Date: 07.08.2006 Please visit us on the internet at http://www.rfsworld.com Radio Frequency Systems Optimizer® Panel Dual Polarized Antenna equi IIW�WIV��-S-E-ACU (Cont.) ] ` Connector Type (4) 7-16 DIN Female Connector Location Bottom Mount Type Downtilt Kit w/Scissor Kit Electrical Downtilt, deg 0-10 , 0-10 Horizontal Beamwidth, deg 65 ±5 (65.9 average across band) Mounting Hardware APM40-2 + APM40-E2 Rated Wind Speed, km/h (mph) 160 (100) VSWR < 1.4:1 Vertical Beamwidth, deg 5.8 to 7.8 across band 1 st Upper Sidelobe Suppression, dB > 18 (typically > 20) Upper Sidelobe Suppression, dB > 18 all (typically > 20) Polarization Dual pol +/-45° Front -To -Back Ratio, dB >28 Maximum Power Input, W 300 Isolation between Ports, dB > 30 Lightning protection Direct Ground 3rd Order IMP @ 2 x 43 dBm, dBc > 150 (155 Typical) Overall Length, m (ft) 1.35 (4.42) Dimensions - HxWxD, mm (in) 1349 x 330 x 80 (53 x 13 x 3.15) Radiating Element Material Brass Radome Material Fiberglass Reflector Material Aluminum Max Wind Loading Area, mz (ftz) 0.64 (6.6) Survival Wind Speed, km/h (mph) 200 (125) Maximum Thrust @ Rated Wind, N (Ibf) 787 (177) Front Thrust @ Rated Wind, N (Ib1 787 (177) Shipping Weight, kg (lb) 24.1 (52.7) Packing Dimensions, HxWxD, mm (in) 1550 x 420 x 210 (61 x 16.5 x 8.3) Weight w/o Mtg Hardware, kg (lb) 18.0 (39.6) This data is provisional and subject to change. RFS The Clear Choice TM APX16DWV-16DWV-S-E-ACU Print Date: 07.08.2006 Please visit us on the internet at http://www.rfsworld.com Radio Frequency Systems (Optimizer® Panel Dual Polarized Antenna equipped with (2) ACU motors I Vertical Pattern (This is a general representation of the antenna family pattern. For the latest detailed pattern contact Applications Engineering. You may also download the CELplot(TM) pattern reader and antenna pattern data fields from our website.) `) 2d U41 RFS I RFS The Clear Choice TM I APX16DWV-16DWV-S-E-ACU I Print Date: 07.08.2006 I Please visit us on the internet at http://www.rfsworld.com Radio Frequency Systems Technical Data Sheet -,--APX16DWV-16DWV-S-E-ACU (Cont.) go Optimizer© Panel Dual Polarized Antenna equipped with (2) ACU motors �► Horizontal Pattern (This is a general representation of the antenna family pattern. For the latest detailed pattern contact Applications Engineering. You may also download the CELplot(TM) pattern reader and antenna pattern data fields from our website.) 10 120 i 60 � yak 30 e c Y 0 i k )I � 1 A 0 -20 10 3 0 f a t r f f A 9 .30 3 x fFa• -ID6/ RFS The Clear Choice TM APX16DWV-16DWV-S-E-ACU Print Date: 07.08.2006 Please visit us on the Internet at http://www.rtsworld.com Radio Frequency Systems 1 T: 617-480-6059 1 F:413-541-8158 398 Sun Valley Road I Morrisville, Ve )t 05661 AT CENTERLINE I COMMUNICATIONSLLC August 27, 2008 City of South Burlington Attn. Planning and Zoning 575 Dorset Street South Burlington, VT. 05403 Re: Proposed T-Mobile Wireless Telecommunications Site 1068 Williston Road, South Burlington, VT. Dear Sir or Madam: I am writing on behalf of T-Mobile USA (licensed wireless phone company) to express an interest in developing a wireless telecommunications site on the Holiday Inn at 1068 Williston Road, South Burlington, VT. T-Mobile is expanding and improving their network coverage into South Burlington, VT. The proposed installation would consist of nine (9) antenna, coaxial cables and a 10'x14' equipment platform located on the roof of the building. The antenna would extend nine feet (9') above the existing roof height of thirty-eight feet (38'). The proposed facility will require one to two maintenance trips per month. No sewer, septic or water is required. The proposed facility will comply with all applicable local, state and federal safety codes. Please let me know if this site would be exempt from local zoning due to ACT 79. If you should have any nuestions please give me a call at 617-480-6059. 1 hope to hear from you soon. Best Regards, Joshua T. Delman www.clinelic.com SITE NUMBER: 4BV0324B SITE NAME: HOLIDAY INN ZONING DRAWINGS LOCA 1ION MAP -- ENERALNoTes Al � 3 M C&S Engineers, Inc. 499 Cd. Eileen Collins BWd. Syrecuse. New YOR l3212 PAone: 3154552000 F.. 315455-9667 wv«.ams.wm � 2 SITE NAME: HOLIDAY INN VIIII11pullll STE NUMBER: 4BV0324B Communications, 1068 WILLISTON ROAD Inc. Light -owe— SOUTH BURLINGTON, VT 05407 15 COMMERCE WAY, SURE B NORTON, MA 02766 Ml OPS/LYU ANTElIA MOUNTING DETAIL F RV5pN5 . sn— oevcNLo er: ANTENNA DETAIL ANTENNA TRUSS MOUNTING DETAIL lnnipoint Communications, Inc. ZONING DRAWING nI,A•9 NMEe b ZI 0 t 8 E C&S Engineers, Inc. C �_S 4N C.4. Ek— Colh- BW.NewSyr—. NYork 13212 Pt— 3i5-455-20DO COM PANIES F— 315455-9667 SITE NUMBER: 4BV0324B SITE NAME: HOLIDAY INN ZONING DRAWINGS 10C."o"'MAP M CAMMIT DVFAL fo texF SITE NAME: HOLIDAY INN Omnipoint SITE NUMBER: 4BV0324B Communications, UgWwer- 1068 WILLISTON ROAD SOUTH BURLINGTON, VT 05407 Inc. 5 COMMERCE WAY E B MA 62 SUIT , NORTON. 766 911 GPSILMU ANTENNA 11110UM010 DETAIL ANTENNA DETAIL MOUNTINGANTENNA TRUES MAIL mnipoint Communications, Inc. ZONING DRAWING ZI 11 1 11 11 Sid RNIATIOIN 7 -.IN rrrucvm SITE NUMBER: 4BV0324B SITE NAME: HOLIDAY INN ZONING DRAWINGS LOCATION MAP -----UE—NIfKA—L NTES ek 2 i�- -UMMUFFED—UMMO 8' Engineers, Inc. 499 C . Efleen Collins Blvd. Syremse, New York 13212 Phone: 315455-2000 EQUIPMENT ELEVATION SITE NAME: HOLIDAY INN S TE NUMBER: 4BV0324B 1068 WILLISTON ROAD SOUTH BURLINGTON, VT 05407 A ro "4 0,01- 1-/ FTS CABINET DETAIL oMn'po'n, Communications, Ligtftr— we I nC ; 15 COMMERCE . . SUITEr N 'T. A 02766 ANTENNA PLATFORM NIMINTINCI DETAIL 911 OPS/LMU ANTENNA MOUNTING DETAIL ANTENNA DETAIL ANTEN 71N13S MOUN7NG DETAIL Omnipoint Communications, ZONING DRAWING zi �j Photo Simulation — Existing Conditions C&S Engineers, !nc 499 Cot, EiWen CoRinr 81va Syracuse, New Y"k 13212 Pt+ar'�Ya.: 315.455.2000 Fax: 315455-W67 wwvr cscOs.mm Photo la — View from Holiday Inn Front Parking Lot Omni point "Holiday Inn" 4BV0324B Communications South Burlington, VT Photo Simulation — Proposed Conditions C&S Engineers, Inc 499 Col, E4een CoAms WW, $yravi", New York 13212 Phww 315 55-M Fax 315455-%67 WWW CSOM.CCM Photo lb — View from Holiday Inn Front Parking Lot Omni point "Holiday Inn" 4BV0324B Communications South Burlington, VT . .... ...... ..... /� /���� /�%/'r A/M P / 1 4;zl Photo Simulation — Existing Conditions Photo 2a —View from Dorset St. & US 2 (Williston Rd.) M Engineers, Inc. 499 Cd, Eileen CNIft OW, Omnipoint "Holiday Inn" 4BV0324B S,fl&am, NfAv Yb* 13212 Phone 315-4,55-20W Communications South Burlington, VT Fax: 31."5$-9667 MAIMCGCOS'COM oito -Simulation — Proposed . . Conditions, —`- W111110 C&S Engineers, Inc, 499 Cot, Eileen lins 8W, Syracuse, New YbA 13212 Phone 315-455-20W Fax: 315455-9667 www,cscos.com Proposed Ornnipoint Panel Antenna (Typ. 9) Existing Verizon Monopole zl,, A' sh A Photo 2b — View from Dorset St. & US 2 (Williston Rd.) Omni point "Holiday Inn" 4BV0324B Communications South Burlington, VT Photo Simulation — Existing Conditions MC&S Engineers, Inc 499 Cot, Eiteen COms 814 Syw�ise, New YcA* 13712 Phone 315-455-2000 Fax: 315455-9667 WWWICSMICOM g 4: Photo 3a — View from US 2 (Williston Rd.) & 1-89 S. Ramp Omnipoint "Holiday Inn" 4BV0324B Communications South Burlington, VT Photo Simulation — Proposed Conditions Photo 3b — View from US 2 (Williston Rd.) & 1-89 S. Ramp MC&s Engineers, Inc. O m n i po i nt "Holiday Inn" 4BV0324B 499 Cot, Eeeen C®itns B1n9. Syraelese, -455- �`"1' South Burlington, VT Phone,,5-9% Fax 315.455•�67 Communications wWWICS008,00m r AIR44 EN southbrlinton PLANNING & ZONING September 2, 2008 Joshua T. Delman Centerline Communications 398 Sun Valley Road Morrisville, VT 05661 Re: Proposed T-Mobile Wireless Telecommunications Site at 1068 Williston Road Dear Mr. Delman: This is in response to your letter (unsigned) dated August 27, 2008. In order to determine whether your proposed installation at the above referenced property is exempt from local zoning regulations, please provide me with the following additional information: The aggregate area of the largest faces of all antennas installed on the property. One I receive this information, I should be able to determine if you are exempt from local zoning. YSincereBelair Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com t June 7, 2006 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Irrevocable Standby Letter of Credit #1173847 Champlain School Apartments Partnership 410 Shelburne Road South Burlington, VT 05401 Dear Beneficiary: We hereby establish our Irrevocable Standby Letter of Credit #1173847 in favor of City of South Burlington for the account of Champlain School Apartments Partnership up to an aggregate amount of $9,604.00 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 Champlain School Apartments Partnership, 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.chiftenden.com All drafts must be marked under Letter of Credit #1173847. 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 06/01/09. 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, 4J Brian D. Messier Banking Officer Two Burlington Square P.O. Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com BENEFICIARY ACCEPTANCE Chittenden Bank has this 7th day of June caused to be Hand Delivered Letter of Credit #1173847 to the Beneficiary, City of South Burlington. This Letter of Credit is Issued on behalf of Champlain School Apartments Partnership. By Duly Authorized Agent Date Two Burlington Square P.O. Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com i'i,jc- L-3kZ4 T-.E11C'rvEF:?, IF `�1:71E�' c;I=?- EWrr a THIS AGREEMENT,' executed in triplicate between of W,y;5 ' t hereinafter ref erred to as 'DEVELOPER", of hereinafter referred to as ""Bank and hereinafter referred to as "MUNIC( PALITY". W I T N E S S E T H: WHEREAS, Developer has received site plan approval from the MUNICIPALITY'S Planning Commission for the development of property located at 11)Lf r_I1;Z�C,-1 �f�r ;� as depecited on a site ply : entitled dated and prepared by • WHERE -AS, 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 wiE3h to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the BANK executes this Agreemen:.t solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenEint 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 site plan and related documents: 2. The Developer shall complete the improverraents s�.Yt forth in Paragraph 1 no later than 3. DEVELOPER shall replace or repair a.:ny defective o improper work or materials which may be recognizerd 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 and MUNICIPALITY hereby agree that the sum of 5'A hu,,4,-wk t �,, 1,6e ( $ �l(c�°{ , ��' ) 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 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 Agreem5::nt 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 I Dated at' %S�rr�, Vermont, this day of , 200_. T THE PRESENCE OF: By: Duly orizAgent ( ;Loped ER) Dated at�r this day of l l IN Vermont, Dated at • /�' , Vermont, 206' Duly Authoriz d Agent (MUNICIPALITY) 11