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HomeMy WebLinkAboutBATCH - Supplemental - 0333 Dorset StreetMay 16, 2016 Re: #SP-16-27 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning the above referenced application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincerely Raymond J. Belalr Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com APPLICATION FOR SITE PLAN REVIEW (City Center FBC District) 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. 1. Street Address of Project: � 3 3 1 /0it i IL( S j 2. Brief project description (explain what you want approval for): 4: 3. Applicantsn Name t'1�4u i. Address 333 1' h ZSET S7 , b.:iall.L 1%%4 95-ir M., )J-r E m a i I km (Zc,.--AooD , F4 01, a q X-on Telephone ge.2 - 2I 3 15 4. Primary Contact (person who will receive all correspondence from Staff) Name (SAd"e s s Aaolt raa. ' Email Address Telephone. 5. Owner(s) of Record (Name(s) as shown on deed, mailing address, phone and fax #): PAu 1L "Z.. W n a A a "r 4 "t. 0 -, 6. Project Summary a. Existing Uses on Property (including description and size of each separate use): (..mac.) h� S 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com b. Proposed Uses on property (include description and size of each new use and existing uses to remain): c. Building size (GFA) Existing �Zq — d. Residential Units - Existing -- G> e. Affordable Units #s Y11 80% of Median 100% of Median f. Qualifying open space (SF) Existing 7. Project Details. a. Completed Submission checklist ❑ b. Completed BES checklist & self -evaluation ❑ Proposed Proposed — �' 120% of Median Proposed c. Supporting documents and narrative for certain circumstances (including but not limited to): i. Section 8.06, Special Standards; Section 8.07 Materials; Section 8.08 Open Space Standards; Section 8.09 Nonconformities ii. Article 10, Overlay Districts iii. Article 12, Surface Water Protection Standards iv. Article 13, Supplemental Requirements 8. 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 and Stormwater Management in Article 12 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. Cost Estimates. a. Building (including interior renovations). $ b. Landscaping: $ c. Other site improvements (please list with cost): _ 10. Traffic / Trip Generation. a. Land Use Code(s) Used, Independent Variables, Calculations b. P.M. Peak hour for entire property (In and out): 2 Site Plan Application Form. Rev. 11-2015 10. Estimated Project Completion Date. 11. Site Plan and Fee. A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF- format) copy of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application in accordance with the city's fee schedule. 12. List of Project Sheets. Include a list of each project sheet submitted by number. 13. Notification of Adjoining Property Owners, Neighborhood Meeting. Notification of adjoining property owners is the responsibility of the applicant. After determining that all submission requirements have been met, the Administrative Officer will provide the applicant with a project description and sample certificate of service. The sworn certificate of service shall be returned to the City along with demonstration of having met all of the requirements of Section 14.05 of the Land Development Regulations. a. Proposed location of neighborhood meeting (if applicable): 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. Applicant re Applicant's Printed Name Date �40L!! k QG..W�a0 rSc L Z 6 Property Owner's Signature Property Owner's Printed Name Date Do not write below this line Date of Submission: qlMll� Review Authority: ❑ Development Review Board Administrative Officer Action: I have reviewed this site plan application and find it be: \//JT^'� Complete ❑ Incomplete - 4 i Z Administ ive Officer I Dat The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Site Plan Application Form. Rev. 11-2015 Article 8 City Center Form Based Codes District T4-1 8.13 T-4 Urban Multi -Use Building Envelope Standards Applicant Self -Evaluation T4 BES Standard Primary Building Facade Requirements Secondary Building Project Information Applicant Sheet # Notes Facade Requirements (B) Lot Standards (1) Lot Dimensions (a) Lot size None T i (b) Lot Width None (2) Lot Occupation (a) Percentage of Lot Coverage None (b) Units per acre (C) Building Standards None (1) Building Types - (a) All Types Permitted (2) Building Stories (a) Principal 2 Min., 4 Max. (b) Accessory 1 Max. (3) Floor -to -Floor Height (a) First story 24' Max. (b) Upper Stories 14' Max (4) Build -to -Zone _ (a) Primary Build -to -Zone 0' Min., 12' Max. 0' Min., 18' Max. (b) Secondary Build -to -Zone 0' Min., 24' Max. 0'. Min., 36' Max. (5) Frontage (a) Frontage Buildout, Primary Streets 70% Min. 70% Min. (Note 1) (b) Frontage Buildout, Secondary Streets 70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) (b) Percentage of Frontage Buildout within the Primary -Build -to -Zone 75% Min. 100% Max. (c ) Percentage of Frontage Buildout within the Secondary Build -to -Zone 0% Min., 25% Max. 100% Max. (6) Entrances South Burlington Land Development Regulations DRAFT APPROVED BY THE PLANNING COMMISSION 11-10-2015 M Article 8 City Center Form Based Codes District T4-2 T4 BES Standard (a) Average frequency of Public Entrances, non- 36' Max. residential first story use (b) Maximum distance between Public 46' Max. Entrances, non-residential first story use (c ) Average Frequency of Operable Entrances, 36' Max. residential first story use (d) Maximum distance between Operable 46' Max. Entrances, residential first story use (7) Glazing Secondary Building I Project Facade Requirements Information 54' Max. 72' Max. 54' Max. 72' Max. (a) First Story Min. 40% of the Width Min. 20% of the of the Building, and Width of the Building, Min. 7.5' in Height and Min 7.5' in Height (b) First Story percent of elazine reauired to be 175% Min. 75% Min. transparent (D) Block and Street Standards (1) Blocks (a) Perimeter 2,800' Max. 300' Min., 700' Max. Applicant Notes Sheet # (2) Street & Connection Types (a) Neighborhood Street Narrow Permitted, Qualifies as a Street (b) Neighborhood Street Permitted, Qualifies as a Street (c) Private commercial way Permitted, Qualifies as a Street (d) Support Street Permitted, Qualifies as a Street (e) Commercial Street Permitted, Qualifies as a Street South Burlington Land Development Regulations DRAFT APPROVED BY THE PLANNING COMMISSION 11-10-2015 Article 8 City Center Form Based Codes District T4-3 T4 BES Standard Primary Building Facade Requirements Secondary Building Project Information Applicant Sheet # Notes FaCode Requirements (f) Avenue Permitted, Qualifies as a Street (g) Commercial Boulevard Permitted, Qualifies as a Street (h) Destination Street Permitted, Qualifies as a Street (i) Market Street and Garden Street Permitted, Qualifies as a Street (j) Path Permitted Connection, Not a Street (k) Mew Permitted Connection, Not a Street (1) Alley Permitted Connection, Not a Street (m) All other street types Prohibited (4) Curb Cuts (not including street intersections) ....:...... (a) On Market Street 400' Min. distance between curb cuts (b) On Garden Street ' 400' Min. distance between curb cuts (b) All other streets 100' Min. distance between curb cuts (E) Parking Standards (1) Parking Amount Requirements (a) Per Residential Unit 2 spaces Max. (b) Per 1,000 gross s.f. Non -Residential 2 spaces Min. (2) Location & Screening (a) New construction resulting in additional non-residential gross floor area or residential units shall meet T-4 Parking Standards (b) New surface parking shall be set back from the primary street a minimum of 25' (c ) Parking spaces may be leased from the city or a private landowner (d) New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height (e ) Parking under structures is encouraged (f) Parking shall only be permitted in compliance with applicable BES standards for building frontage (g) No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. (3) Off -Site Parking (a)Off-site parking within'600' may be used to meet parking requirements for Residential uses. (b) Off -site ' parking within 1200' may be used to meet parking requirements'' for non -Residential (c),Shared parking'may be used to meet parking requirements (See Article 13). (F) Supplemental District Standards South Burlington Land Development Regulations DRAFT APPROVED BY THE PLANNING COMMISSION 11-10-2015 Article 8 City Center Form Based Codes District T4-4 T4 BES Standard Primary Building Facade Requirements Secondary Building Project Information Applicant Sheet # i Notes Facade Requirements (1) Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required _ (b) The third story of any building shall be set back a minimum of twelve feet (12') from the rear building line; and, (c ) The fourth story of any building shall be set back a minimum of twenty-four feet (24') from the rear building line. (d) Along Secondary Streets, parking structures within the build -to -zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Building requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building fagade facing said street. (e ) Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. (2) Large Single Story Principal Buildings. New large single -story principal buildings shall be permitted subject to the following requirements: (a) Such building shall building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; (b) No new single-sotry building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single -story building approved under this subsection; (c) Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; (d) Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60; and, (e) Such building shall comply with all other provisions of these Regulations. (3) Small Single Story Principal Buildings. New small single -story principal buildings shall be permitted subject to the following requirements: (a) Such building shall have a maximum footprint of 3,500 square feet; and, (b) Such building shall comply with all other provisions of these Regulations. (G) Streetscape Standards (1) General Standards -- (a) All Streetscape features must be consistent within a project. (b) Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. South Burlington Land Development Regulations DRAFT APPROVED BY THE PLANNING COMMISSION 11-10-2015 Article 8 City Center Form Based Codes District T4-5 T4 BES Standard Primary Building Fa�ode Requirements Secondary Building Project Information Applicant Sheet # Notes Fm;mde Requirements (c ) All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. (d) Proposed development shall comply with all requirement of Article 11 (2) Streetscape requirements (a) Benches 2 Min. per 100' frontage (b) Bicycle Racks for at least 5 bikes 1 Min. per 100' frontage (c ) Street Tree Spacing, on center 50' Max. average Notes (1) If a corner lot is 100' or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. (2) Upper Story Glazing Shall comply with the following standards: (a) Upper story glazing shall be a minimum of 30 percent of the facade on the primary building facade and 20% on secondary building facades. (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches -except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). South Burlington Land Development Regulations DRAFT APPROVED BY THE PLANNING COMMISSION 11-10-2015 ApkJdix E Submission Requirements E-1 Center FBC District Admin Submittal requirement / Site BASIC INFORMATION V Completed application form; three (3) full-sized, one (1) reduced [11" x 17"], and one (1) digital copy of plans; and a list of the owners or record of abutting property owners V Name and address of the owner of record, applicant, and owners of record of abutting properties; and name and address of enginee.r(s), architect(s), landscape architect(s) preparing plans, plan preparation date, and date and description of all revisions shown on all plan sheets V Date, true north arrow and scale (numerical and graphic). The preferred scale shall be not more than one hundred (100) feet to the inch, or not more than sixty (60) feet to the inch where lots have less than one hundred (100) feet of frontage. V Narrative accompanying the application to include the following: (a) description of the project; (b) demonstration of compliance with applicable review standards; (c) list of submission elements; and (d) list of any changes made to plans from previous submittals under the same application List of waivers the applicant desires from the requirements of these regulations and accompanying narrative describing the request(s), detailing the City's authority to grant the request(s) and describing why the waiver(s) should be granted V Estimated project construction schedule, phasing, and date of completion, and estimated cost of all site improvements. (note: for FBC subdivisions, only public infrastructure information required) V Any other information or data that the Administrative Officer or Development Review Board shall require for a full assessment of the project pursuant to the Land Development Regulations SITE INFORMATION V Location map, showing relation of subject property to adjacent properties and surrounding area. V Boundaries and area of existing subject property(ies), proposed property lines, continues properties, boundaries of all zoning districts, transects, and overlay districts, and all designations on the City's Official Map, and lots within the proposed subdivision numbered. V Location of existing restrictions on land, such as easements and covenants. V Location of planned restrictions on land, such as easements and covenants. Permanent reference monuments Copies of proposed deeds, deed restrictions, covenants, agreements or other documents showing the manner in which open space, including park and recreational areas, and school site areas are to be dedicated, reserved and maintained and a certificate from the City Attorney that these documents are satisfactory. South Burlington Land Development Regulations DRAFT APPROVED BY THE PLANNING COMMISSION 11/10/2015 Ap, )dix E Submission Requirements E-2 City Center FBC District Admin Submittal requirement / Site Plan V In the case of a subdivision or development served by a privately owned and/or maintained street: A completed contract between the landowner and the City regarding the number of lots or dwelling units to be served by the proposed right-of-way or private street and the responsibility for the roadway maintenance and a copy of all proposed deeds, agreements, or other documents which convey or relate to the use of a privately owned street or right -of- way, and a certificate of the City Attorney that these documents are satisfactory. V A complete survey of the subdivision, prepared by a licensed land surveyor, showing the location, bearing and length of every street line, lot line and boundary line, and existing and proposed restrictions on the land, including but not limited to access ways and utility easements. Where applicable, this information shall be tied to reference points previously established by the City. V Lot area in square feet and acres, and lot coverage calculations including building, overall, and front yard coverage and the location and layout of any off-street parking or loading areas, traffic circulation areas, pedestrian walkways, and fire lanes. V Point -by -point lighting plan and cut sheets for all proposed outdoor lighting within the site V Preliminary grading, drainage, landscaping and buffering plan in accordance with Article 13, Supplemental Regulations. V The extent and amount of cut and fill for all disturbed areas, including before -and -after profiles and cross sections of typical development areas, parking lots and roads, and including an erosion and sedimentation control plan, and proposed locations of sediment sink/setting pond and interceptor swales. V The location of any outdoor storage for equipment and materials if any, and the location, type and design of all solid waste -related facilities, including dumpsters and recycling bins. V Estimate of all earthwork, including the quantity of any material to be imported to or removed from the site or a statement that no material is to be removed or imported. V Location of existing structures on the site, and showing all site conditions to remain. LANDSCAPE FEATURES V Existing water courses & buffers, wetlands & buffers, base flood elevations if located in an area of special flood hazard, wooded areas, ledge outcrops, and other natural features. V Existing and proposed open space V By proper designation on such plat, all public space for which offers of cession are made by the applicant and those spaces title to which is reserved by him. V The location of all open space to be dedicated to the City as well as all open space to be retained by the applicant or to be held in common private ownership. V Existing and proposed contours at a maximum vertical interval of two (2) feet. V Detailed specifications and locations of planting, landscaping, screening, and/or buffering materials. A general concept of the landscaping, both in written and graphic form. South Burlington Land Development Regulations DRAFT APPROVED BY THE PLANNING COMMISSION 11/10/2015 Apt, Adix E Submission Requirements E-3 City Center FBC District Admin Submittal requirement / Site Plan V A list of existing vegetation, with the location, type, and size of existing trees of six inches or greater in caliper. V A written plan to preserve and protect significant existing vegetation during and after construction. Such plan will be of sufficient detail that the City of South Burlington will be able to inspect the site during construction to ensure that existing vegetation is protected as per the plan. V Detailed landscaping plan, specification of materials, costs, and phasing plan, including vegetation to remain, types of new plant materials, identified by common name and botanical name, sizes of all new plant materials by height and/or diameter at time of planting and at maturity, quantities of each of the planting materials, and treatment of the ground surface (paving, seeding, or groundcover) for all plantings, screening, buffering, and stormwater infiltration. V Detailed erosion control plan demonstrating compliance with these regulations BUILDINGS V Existing and proposed structures V One set of preliminary plans, elevations, floor plans, and sections of proposed structures showing the proposed location, use, design and height of all structures, roads, parking areas, access points, sidewalks and other walkways, loading docks, outdoor storage areas, sewage disposal areas, landscaping, screening, site grading, and recreation areas if required. Plans shall also show any proposed division of buildings into units of separate occupancy and location of drives and access thereto. V Detailed elevations to demonstrate compliance with Building Envelope Standards and material requirements V Solar ready roof analysis report Elevations of buildings proposed as part of Planned Unit Developments STREETS AND UTILITIES d Location, type, and width of existing and proposed streets and block layout (including roadways, sidewalk, recreation path) V Plans and profiles showing location of existing and proposed street pavements, proposed elevations along center lines of all streets, curbs, gutters, sidewalks, manholes, catch basins, and culverts V Plans showing the location, size and invert elevations of existing and planned sanitary sewers, storm water drains, and fire hydrants and location and size of water, gas, electricity and any other utilities or structures. V Location of existing septic systems and wells. V Existing and proposed water and wastewater usage V Location and design of all utility distribution facilities V The location and details of all the improvements and utilities, including the location of all utility poles, utility cabinets, sewage disposal systems, water supply systems, and all details and locations of the stormwater management system. Preliminary designs of any bridges or culverts which may be required. V Construction drawings of all required improvements. South Burlington Land Development Regulations DRAFT APPROVED BY THE PLANNING COMMISSION 11/10/2015 Ap,_ .Idix E Submission Requirements E-4 City Center FBC District Admin Submittal.requirement / Site Plan V The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves tangent distance and tangent bearings for each street. V All means of vehicular access and egress to and from the site onto public streets, and all provisions for pedestrian access and circulation. V Analysis of traffic impacts, if required by the traffic overlay district and/or the DRB. V Proposed stormwater management system, including (as applicable) location, supporting design data and copies of computations used as a basis for the design capacities and performance of stormwater management facilities. V Detailed plans, designs and finished grades of retaining walls, steps, ramps, paving, site improvements, fences, bridges, culverts, and drainage structures. Overall plan for the property showing the locations and total combined area of the propert(y)(ies) proposed for subdivision and/or site plan phase, either in conjunction with the initial master plan application or in the future, specifying which area or areas are currently proposed for subdivision or development. The location and total area of the propert(y)(ies) currently proposed for subdivision or development that are to be deeded as perpetually open spaces, and which areas proposed to be left open are subject to future evaluation within the parameters of the master plan. the location, total area and nature of any public amenities or facilities other than buildings proposed either in conjunction with the initial master plan application or in the future, specifying which features are currently proposed for development. The maximum impervious coverage proposed for the property or properties subject to the Master Plan. The maximum Floor Area Ratio (FAR) and/or number of dwelling units proposed for the property or properties subject to the Master Plan. The maximum number of vehicle trip ends (VTEs) and associated parking proposed for the property or properties subject to the master plan. * note: the Land Development Regqulations may contion additional submission requirements for specific South Burlington Land Development Regulations DRAFT APPROVED BY THE PLANNING COMMISSION 11/10/2015 South 11 F R �I 0 N T MEMORANDUM TO: South Burlington Development Review Board FROM: Cathyann LaRose, AICP, Associate Planne QCAI DATE: August 9, 2010 RE: Agenda #3, Design Review Application #DR-10-04 COPY TO: C. Dennis Hill, applicant Design Review Application Master Signage Permit DR-10-04 333 Dorset Street C. Dennis Hill, hereafter referred to as the applicant, is seeking to obtain a new master signage permit for a property in the Dorset Street/City Center Design District. The master signage permit would establish the design scheme for the freestanding and wall signs on the property, 333 Dorset Street. Pursuant to Section 6 of the City of South Burlington Sign Ordinance, the erection, alteration, or relocation of any sign within this district shall require design review by the South Burlington Design Review Committee (DRC) and Development Review Board (DRB). Section 8 of the Sign Ordinance requires all property owners within the DS/CC Sign District to obtain a Master Signage Permit. The Design Review Committee discussed this application and unanimously expressed a recommendation for approval by the Development Review Board. Design Review Application DR-10-04 Page 2 of 4 1. A Master Signage Permit shall be issued to the applicant by the DRB, prior to the issuance of any individual sign permit for the property. DESIGN REVIEW CRITERIA In reviewing an application for signage, the DRC and DRB shall consider the following: (a) Consistent Design The design of a sign must be compatible and harmonious with the design of buildings on the subject property and nearby. The design of all signs on a property shall promote consistency in terms of color, graphic style, lighting, location, material and proportions. Staff finds that the design of the proposed signs are harmonious with the design of the buildings on the subject property and nearby. The proposed sign package achieves consistency in color, graphic style, lighting, material and proportions. The sign posts are to remain the same, with only a change in the colors permitted. (b) Promotion of City Center Goals Signs within the DS/CC Sign District should be of high aesthetic quality and pedestrian oriented. Staff finds that this criterion is being met. The colors, lettering, and design come together to present an aesthetically pleasing sign. The signposts are pressure -treated wood with white color. The sign is pedestrian scaled. (c) Color & Texture A maximum of 3 colors is encouraged. The applicant is proposing that signs be limited to a white background. Sign inlays shall be dark red. Text shall be limited to grey and black. Posts shall be limited to white. 2. The background colors of the freestanding and wall signs shall be limited to white and dark red. Lettering shall be limited to grey and black. 3. No more than two different shades of any one color shall be used in any combination of signs on the property at the same time. The applicant has submitted a color photo showing existing sign posts which they plan to re -use. 4. Sign posts shall be limited to white. (d) Materials Used Pursuant to Section 20 of the Sign Ordinance, all signs shall be of substantial and sturdy construction, kept in good repair, and painted or cleaned as necessary to maintain a Design Review Application DR-10-04 Page 3 of 4 clean, safe, and orderly appearance As the applicant is proposing to continue the use of pressure -treated wood. All signs shall be kept in a clean, safe and orderly appearance. The applicant should acknowledge this. 5. All signs shall be kept in good repair, landscaping surrounding the freestanding signs shall be kept trimmed and neat and shall not obscure the text of the signs. (e) Wall Mounted Signs Section 10 of the Sign Ordinance governs the size and location of wall -mounted signs. Pursuant to Table 10-1 of the Sign Ordinance, a wall -mounted sign for a multi -tenant building or a multi -building lot with a master signage permit in any district with freestanding or landscape sign shall not exceed 15% of the area of the facade to which it is attached or 100 sq. ft., whichever is smaller. Pursuant to Table 10-1 of the Sign Ordinance, the total area of all wall -mounted signs on the subject property shall not exceed 10% of the area of principal public facade of each building. No wall mounted signs are proposed at this time. The code officer shall ensure compliance with this criterion Section 10(c) states that a wall -mounted sign shall not project above the roof or parapet of the building nor below the top of any first floor doorway unless permitted through the design review approval process. No wall mounted signs are proposed at this time. The code officer shall ensure compliance with this criterion Pursuant to Section 10(d), a wall -mounted sign shall not cover any opening or project beyond the top or end of any wall to which it is attached. No wall mounted signs are proposed at this time. The code officer shall ensure compliance with this criterion Section 10(g) stipulates that a wall -mounted sign shall not project from the wall in excess of 9". No wall mounted signs are proposed at this time. The code officer shall ensure compliance with this criterion (t) Freestanding Signs Section 9(h) states that free-standing signs along Dorset Street are to be located in a sign corridor that begins adjacent to the road Right -of -Way and runs sixteen (16) feet from the edge of the Right of Way toward the building face. In those instances where dimensions do not provide for a two (2) foot setback from the Right -of -Way before a sign support post can be located, it is permitted to erect a centered single pole mounted sign of which the road side edge of the sign is directly outside the R.O.W. line. Design Review Application DR-10-04 Page 4 of 4 The code officer shall ensure compliance with this criterion such that the subject sign shall be within this designated sign corridor. RECOMMENDATION Staff recommends that the Development Review Board approve Design Review Application #DR-10-04 subject to the numbered items included above. exlf chG 31gIt 1 l�:cQ� 3 `'Orj2—" b S j ell Y 2� �S 3/Y„ wood 6occr1 Tell C9�� C i"De��1f Lie ct r samosa Permit Number DR- /6 - U Oil APPLICATION for MASTER SIGNAGE PERMIT City of South Burlington ALL information requested in this application must be completed in full. If you do not provide all of the requested information with this application form, as well as the required plans and design information, the City will not schedule a review of the application before the Design Review Committee. Application for: >Initial Master Signage Permit after June 3, 2002 Amendment of Master Signage Permit Individual Sign, pursuant to Master Signage Permit #DR- - Property & Street Address: 33 "3 o r 5�r* 5-trret Tax parcel ID # (from Tax Assessor or Planning & Zoning): n 5. 70 - o c '3 3 Property Owner of Record (name as shown on deed, mailing address, phone, fax#): (XkXX 333 r5p4- S p y L, r I� H�� (& US' Applicant, if not Owner (name, mailing address, phone, fax #): Contact person (name, mailing address, phone, fax '3 3 3 D o r � �_-j Sire �- Is the applicant an existing or future tenant of the building?)< Yes No Application is seeking approval to: c_ u I hereby certify that all the information submitted and is accurate to the best of �W6.6,14R!!/— Please do not wnte below this line DATE OF SUBMISSION I e reviewed this applicakon(i Code Iicer or Designee G1 find it to be SQcomplete incomplete ate' 3 Permit Number DR-jL-6-q - APPLICATION for MASTER SIGNAGE PERMIT City of South Burlington REQUIRED DESIGN INFORMATION for INITIAL & AMENDED MASTER SIGNAGE PERMITS ONLY The following information MUST be included with the application and/or shown on an accurate plot plan of the lot. Failure to include this information will delay the review of your application! Please submit five full size and one 11"x17" plot plan drawing. 1. Accurate plot plan of the lot, showing the location of: Buildings Parking lots Driveways Landscaped areas 2. Computation of the maximum area, number and height of signs allowed on the property, by type of sign: Free-standing and/or landscape feature signs (See Section 9 and Section 14) Wall signs (See Section 10) Directory Signs (See Section 11) Incidental and Directional Signs (See Section 12) 3. Area and height of each sign proposed for your property (Initial Master Signage Permits and Master Signage Permit Amendments only) 4. Location, size, date of installation, and status of all non -complying signs on your property. DESIGN PARAMETERS FOR THE MASTER SIGNAGE PERMIT (See Section 8(d) of the Sign Ordinance for details) Color illustrations showing proposed: Shapes �vti^ Materials 'hc 0 0- Foreground and background color schemes ac�� �K�,1'�- A- Typeface(s) Sizes (include a range of sizes if desired) Installations/sign types Description of how one or more of the features above will relate all of the signs to each other visually. 6. Location and specifications of all proposed light fixtures and lighting elements, including cut sheets. 7. Proposed general design for any incidental and directional signs on the property, other than those with designs prescribed by law. . � a •'fir' r � / #µ���� Y - Rr w y�. a L r _ .1 tJ Siyi� v �t F Dennis Hill, Esq. Attorney at Law .0'" `±7 0 sa sa Interested Persons Record and Service List s o t o £tea x.s'" ri n y,. ts'>°s.3 a vr:n!aowT 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: PLEASE PRINT CLEARLY! NAME MAILING ADDRESS s�CVj `11© 53UY7,00 C)In- 41V W(�[-eticj(A V"- Mar4 1660.1,f�rj V-lo skie-f�/(:(-) Z() Vvt'014aV R011e- 7 '/ j- 0tU ,tt4 L%f 0! rr7 P'- - 3-K . K�o3 } PROJECT OF INTEREST F 1 �; AYE(-I- Q"(- �-(--'z2--, N f 5 P Interested Persons Record a nd Service Llst `J r. RM 0 N T 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 persons to the appellant in five working days. 24 V.S.A. § 4471(c). list of interested HEARING DATE: III �p �Iv PLEASE PRINT CLEARLY! NAME w vq, t a �s►�t s�i�-v .i c �-w . . rx-►,-A I�- l_i ` `� "` ✓l� r` 6 (A �t Sv U 4 S6U .' 4 1. lip+, I ( L r Of n S rib 2 PROJECT OF INTEREST E .Tc�c� 'Z�e Interested Persons Record and Service List f: i1 NCNT 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„jc). HEARING DATE: PLEASE PRINT CLEARLY! NAME RA A II U DURABILIDAD RESISTENTE CONSTRUCCTIO� PERFORMANCIA i ,z CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 20, 2002 Paul Morwood 333 Dorset Street South Burlington, VT 05403 Re: #DR-01-20 Dear Mr. Morwood: Please find enclosed the Findings of Fact and Decision of the Development Review Board approval on March 5, 2002 in regards to the above referenced project. Please note the conditions of approval including the requirement to obtain a zoning permit within six (6) months, or this approval is null and void ( by 9/19/2002). If you have any questions, please give me a call. Sincerely, S, L(u Stephanie A. Smith Associate Planner Permit Number DR- 01 - 2Z) CITY OF SOUTH BURLENTGTON APPLICATION FOR DESIGN 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 required design plans will result in your application being rejected and a delay in the review before the Design Review Committee and Development Review Board, 1) Approval is being sought for (check all that apply): Design Plan Approval 3) APPLICANTT (Name, 0 Sign Design Approval address, phone and fain #) address, phone and fax #) - 4E6 ;Z ff 4) CONTACT PERSON (Name, mailing address, phone and fiw.,fl 5) PROJECT STREET ADDRESS: 6) TAX PARCEL 11) 9 (can be obta'ined at Assessor's Office) 7) PROJECT DESCRIPTION Provide a brief description of the improvement, or modification for which design review approval is being sought. If sign design approval is being sought, provide a description ofthe sign(s) type, size and I- -: -I-, - t The information listed on Exhibit A attached shall be submitted along with this application form. Five (5) regular size copies and one reduced ropy (I V x 17") of all required plans and drawings (e.g., site plan, building elevations, sip details) must be submitted. hereby certify that all the accurate to the best of my' DATE OF SUMMSION as part of this application has been submitted and is OF Do not write below this line I have reviewed this design review application and find it to be: 0 Incomplete of PlYming & Zoning or Designee Date- MoIRwooD 6r Mo2.wooD ATTORNEYS AT LAW 333 Dorset Street South Burlington, VT 05403-6205 Nicholas A. Morwood, Of Counsel Paul R. Morwood Kevin J. Shortell January 18, 2002 Stephanie Smith City of South Burlington Design Review Board Hand Delivered Re: Design Review Application No. DR-01-20 333 Dorset Street Dear Stephanie: Phone: (802) 862-21 35 Fax: (802)862-5700 Enclosed are computer -enhanced photographs of my building on Dorset Street, five copies of each of two views, one from the front, the other from the rear. These photographs show precisely how the building will look with the siding in place. I have contacted a surveyor to map the lot but he has yet to appear. I would submit in any event that the enclosed photographs show the property far better than any survey could. Very truly yours, Paul R. Morwood, Esq. PRM/fmb encs. To: Applicants From: Stephanie Smith, City of South Burlington RE: Project Staff Notes Date: 7 January 2002 Re: Design review application #DR-01-20 of Paul Morwood, 333 Dorset Street. Overview. Design review application of Paul Morwood for approval for the installation of vinyl siding to a 1220 square foot general office building with parking. The project is located in Design District 3. Issues: ■ Pursuant to Section 24.301 (c), staff feels the applicant should provide a more accurate site plan showing the existing conditions, i.e. plant material, walkways, parking, location of the sign... ■ Pursuant to Section 24.401 (g) and 24.402 (e) staff suggest providing a walkway to the front entrance of the office for pedestrian access. ■ The applicant should provide renderings of the garage. Staff is unsure of how the garage will look with vinyl siding. Completeness of Plan: The applicant has submitted sufficient information for Design Review Committee to consider the design review application with the above exceptions noted. Please provide additional information by January 18, 2002. CT7YOF SOUTH BLUIRLINGTO DEPARTIN= OF PLAINNI EVG & ZGNE TG 575 UORSET STREET SOLD T-i BUlRLEVGTON, VERMONT 05408 (802) 846-4106 FAX (802) 846-4101. FA=2, 5l a Da$ea I pages: Z � e CQ "�� a- fir .` .., , l \. _ .� a ., , r } ,4,, . i _..�... . _� �� -�# �; � _,._ ... �,. _ _. ,, -. � _ „_ _ . a `� ul APPLICATION FOR DESIGN PLAN APPROVAL 333 Dorset Street, South Burlington, Vermont Paul R. & Anne H. Morwood STATEMENT OF REASON FOR SIDING ............................................. I PICTURES OF EXISTING BUILDING ................................................ 2 PICTURES OF SURROUNDING STRUCTURES ON DORSET STREET ................ 3-4 PICTURE COMPARING SIDED STRUCTURE TO NEIGHBORING BUILDING ........... 5 ORIGINAL SITE PLAN.............................................................6 LETTERS FROM NEIGHBORING LANDOWNERS .................................. 7-8 EXAMPLE OF SIDING MATERIAL ..................................... attached hereto STATEMENT OF REASON FOR SIDING Paul R. and Anne H. Morwood purchased 333 Dorset Street in South Burlington, Vermont, on April 18, 1990. It has been used since then as law offices for Mr. Morwood. The building has been professionally painted on three occasions since our ownership but the clapboards will no longer hold the paint. Chipping and flaking occurs within one season. The building is about 45 years old and I believe the clapboards are original. Page - 1 - PICTURES OF SURROUNDING STRUCTURES ON DORSET STREET Picture #1 shows the former Burlington Rent -All building, now the Dorset Street Beverage building, which is directly across Dorset Street from 333 Dorset. The Dorset Street Beverage building is sided in vinyl siding. Picture #2 shows new construction next door to the Canoe Imports building on the easterly side of Dorset Street approximately 100 yards from 333 Dorset Street. This building is sided in vinyl siding as well. Picture #3 shows the newly -renovated building formerly housing Bear Quick Print (owned by Nigel Mucklow) on the easterly side of Dorset approximately 150 yards from 333 Dorset Street. The outside of this building was renovated within the last several months wherein vinyl siding replaced the existing siding. Pictures #4-5 show newly -constructed apartment buildings on the westerly side of Dorset Street approximately 75 yards from 333 Dorset Street. These apartments are framed in brick and vinyl siding. Page - 3 - PICTURES OF EXISTING BUILDING The first picture is taken from the east side of Dorset Street looking west directly at 333 Dorset Street. The second picture is taken from the southeasterly corner of the building looking to the northwest. The third picture is taken from the westerly side of the building looking to the east. The third picture in particular shows the condition of the paint and existing clapboards. rt: Page -2- No Text rW�rYraW ry �� ...B3e ■ I C)� 'MPS RTS -K PADDLE 'N SAIL S Y»1 w' 1 W .y J,f Y A Y- r>n fff ' LL 1, L L M •' ,a a PICTURE COMPARING SIDED STRUCTURE TO NEIGHBORING BUILDING Dr. Mitchell Schwartz owns 329 Dorset Street, the building directly to the north of 333 Dorset Street. Dr. Schwartz's building has vinyl siding. This picture compares the siding to be put on 333 Dorset Street with the existing siding on Dr. Schwartz's building. �! M � ' t Page -5- pl, I i -c -- q LETTERS FROM NEIGHBORING LANDOWNERS Dr. Mitchell Schwartz owns the property directly to the north of 333 Dorset Street. Following is a note from him dated December 20, 2001, indicating his approval of the color and appearance of the siding to be placed on 333 Dorset Street. James L. Leary, Leary's Insurance Agency, owns the property directly to the south of 333 Dorset Street. Following is a letter from him dated December 20, 2001, indicating his approval of the color and style of the siding to be placed on 333 Dorset Street. Page -7- TEL. (802) 862-6594 JAMES L. LEARY PETER S. LEARY DAVID L. LEARY LEARY'S INSURANCE AGENCY, INC. SERVING VERMONTERS SINCE 1911 337 DORSET STREET P.O. BOX 9510 SO. BURLINGTON, VERMONT 05407-9510 December 20,. 2001 Attorney Paul R. Morwood 333 Dorset Street South Burlington, VT 05403 Dear Mr. Morwood: I would like to compliment you on your decision to put siding on your office building at 333 Dorset Street. The color and style greatly enhances the appearance of your building. I trust that zoning will allow you to finish the job. injeerely yours, r James L. Leary F MITCHELL SCHWARTZ, M.D. DISEASES & SURGERY OF THE SKIN CERTIFIED AMERICAN BOARD OF DERMATOLOGY December 20, 2001 To Whom It May Concern: The color and appearance of the new siding on the Morwood Office on Dorset Street are perfectly acceptable as a neighboring business. Sincerely, Mitchell Schwartz, MD 329 DORSET STREET • SOUTH BURLINGTON, VT 05403 • (802) 660-8808 • (800) 946-8808 SIDING MATERIAL Attached is an example of the siding material to be placed at 333 Dorset Street. We intentionally chose the narrow width and slight texture in order to make the siding appear to be clapboard. The siding installer (Brunet & Sons) has over 20 years experience in vinyl siding. Mr. Brunet tells me that this siding material is made by Alcoa, that he has used Alcoa products for the last ten years, and finds it to be of very high quality. Page - 9 - ORIGINAL SITE PLAN Attached is the original site plan of 333 Dorset Street prepared at the time the South Burlington Planning Commission approved the use of the property for professional offices. The structure as shown on the site plan has not changed (the lot itself changed as a result of the widening of Dorset Street, installation of underground utilities, etc.). Page - 6 - FORM 1911 - VERMONf WARRANTY DEED 1tolr Ill to f PAP 1��P�it Elt Ut I, ALAN D. PALMER, of Shelburne, in the County of Chittenden and State of Vermont, Grantor , in the consideration of -----------------------------------TEN AND MORE---------------------------- Dollar8 paid to my full satisfaction by PAUL R. MORWOOD and ANNE H. MORWOOD Of South Burlington, in the County of Chittenden and State of Vermont, Grantees , by these presents, do freely (Atue. (6runt. Bell, Toung And MatdIrm unto the said Grantee s , PAUL )1,.MORWOOD and ANNE H.-MORWOOD, husband and wife, as tenants by the entirety, u "- -- and their heirs and assigns forever, a certain i in South Burlington, in the County of - . nden j and State of Vermont, described as follows, viz; ' .,?M01`rT `a' �fi11 A lot of lanTIAivath all buildings thereon situated on the west side of Dorset Street a I-l•Ati&'ih4Isame land and premises conveyed to Alan D. Palmer by Warranty Deed of David L. Berteau and Rene A. Berteau dated August 30, 1989, and recorded in Volume _, at Page _ , of the City of South Burlington Land Records. Said parcel being all of Lot No. 6 as laid down on a plan entitled Glenwood Park, dated January, 1953 and recorded in Volume 11, at Page 271, of the city of South Burlington Land Records, except for a parcel of land consisting of 0.03 acres, more or less, being Parcel No. 22 as shown on pages 46 and 60 of the plans of Highway Project South Burlington MEGC 5200 (8) as filed in the office of the Clerk of the City of South Burlington, and as said Highway Project plans 22 and 60 have been revised and filed on the 12th day of October, 1988, in the office of the Clerk of the City of South Burlington, which parcel No. 22 was conveyed by David L. Berteau and Rene A. Berteau to the City of South Burlington by Warranty Deed dated August 24, 1989 and recorded in Volume 283, at Page 159, of the City of South Burlington Land Records. Said premises are subject to certain conditions and covenants dated January 27, 1953, and recorded in Volume 22, at Page 464, of said Land Records. Reference is hereby made to the foregoing plan and deed and the records thereof and to all deeds therein referred to and the records thereof in aid of this de- scription. To hHur SO to EDO said granted premises, with all the privilefes and ap- purtenances thereof, to the said Grantee s , PAUL R. MORWOOD and ANNE H. MORWOOD, husband and wife, as tenants by the entirety, and their heirs and assigns, to their own use and behoof forever; Ind I, the said Grantor , ALAN D. PALMER, for myself and my heirs, executors and administrators, do covenant with the said Grantees, PAUL R. MORWOOD and ANNE H. MORWOOD, and their heirs and assigns, that until the ensealind of these presents I am the sole owner of the premises, and have good raj!ht and title to convey the same in manner aforesaid, that they are Srer Yrnm Emu Enrumbrawt: except as aforesaid; and I do hereby engafe to 'Warrant Anb $efenb the same a¢ainst all lawful claims whatever, except as aforesaid. 11►i 39itnrBe Wherraf. I this day of At Presence of i S M hereunto xrt my hanii anyi QanZ 81att (Of Vtruwat. l ,qt Burlington, this gauptg OF CHITTENDEN }es. If day of April, .4. D. 19 90, ALAN D. PALMER personally appeared, and he aeknowled¢ed this instrument, by him sealed and subscribed, to be h'ss free act and deed. 1' Be ore me 7 y/ Notary P lic Mun�oat fta wty TrerWW Tax 32 V. & A. Chap. 231 - ACKNOWL.EMEMM - srnw W=-wxwo.soW0FHWHCW..secs KuseerzaoSo "ACEcertrsD Retum Na Dais _-dCS 14 a2D a A u Q� 7 Z -17 U_ O� o W to NY W Z W W NaO FN O wFV LLI Z O a o >-z1WJFo Z V Oa Zu o' U W i W Cr nY w J0 rc Cr [L m y O O w p H V U) 1 Q rn Q fY DESIGN REVIEW COMMITTEE 23 JANUARY 2002 2. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer. 4. Any change to the site plan shall require approval by the South Burlington Design Review Committee. Ms. Leban seconded the motion which was then passed unanimously. 3. DesignReview Application #IDR-01-20 of Paul Morwood to replace wood clapboards with vinyl siding on a 1220 sq. ft. building used as office space, 333 Dorset Street: Mr. Morwood identified the building as the ranch house across from where Burlington Rentall used to be. It is an old building and no longer holds paint. They have decided to put vinyl siding on it. Mr. Morwood showed pictures of what the building will look like with the siding. Members suggested that if the garage is to be painted, it should be done in the same color as the siding. Members raised the question of the walkway in front which leads to the front door. Mr. Morwood said that door is not used as it goes directly into his private office. All clients and staff enter in the rear. Ms. Smith said the regulations say buildings should have a front access, but staff was unaware of the layout of the interior of the building. She noted that if the applicant ever moved, a new owner might use the front entrance again. IVIr. Morwood agreed to replace any landscaping that might be damaged during siding work. The question of floodlights was raised. Mr. Morwood said he didn't know they had any. He said the lights in question are movement sensor lights which only turn on if someone walks by. These are for security. Members discussed ways to make the roofline look better. Mr. Duff moved to approve design review application #DR-01-20 of Paul R. Morwood to amend a previously approved plan for a 1220 sq. ft. office building. The amendment consists of installing vinyl siding at 333 Dorset Street, as depicted on an eleven page document entitled "Application for Design Flan Approval 333 Dorset Street, South Burlington, Vermont," prepared by Paul R. and Anne H. Norwood, with the following stipulations: DESIGN REVIEW CO1VO4ITTEE 28 JANUARY 2002 The South :Burlington Design Review Committee met on Monday, 28 January 2002, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: D. Boehm, Chair; F. Clark, D. Leban, T. Duff Also Present: S. Smith, Planning & Zoning Department; P. Morwood, N. Mucklow, T Edwards, M. Dugan; M. Spicer 1. Minutes of 22 October 2001 and 26 November 2061: Mr. Duff moved to approve the Minutes of 22 October and 26 November 2001 as presented. Ms. Leban seconded. Motion passed unanimously. 2. resign Review Application #DR-01-19 of Dorset Square Associates to amend a previously approved 54,430 sq. ft. shopping center with four buildings. The amendment consists of installing windows of a different construction (Clay's and State Farm Insurance) than previously approved and relocating an entryway (C'lay's) on the north fagade. Both changes are on the southern wing of the main building,150 Dorset Street. The Design Review Committee approved on storefront modification, Clays, on August 28, 2001 and State ]Farm on September 24, 2001, but the windows installed and configurations are different from the approved elevations. The applicant is coming in for as ?built approval: Mr. Dugan reviewed the previous approvals and what was actually built. He said there is the same amount of glass, but there is a horizontal mullion between the tempered and non -tempered glass. Members had no issues. Mr. Duff moved to approve the design review application #DR-01-19 of Dorset Square Associates to amend a previously approved 54,480 sq. ft. shopping center with foam buildings, The amendment consists of installing four additional windows and relocating an entrance on the north fa(ade of the southern wing of the main building, 150 Dorset Street, as depicted on a one page plan entitled "Dorset Square Mall Dorset Street South Burlingtonn, Vermont," prepared by Michael Dugan A1A, with a revised slate of 11130101, with the following stipulations: 1. This recommendation for approval of the proposed addition is based on the application's compliance with the design review criteria contained in Section 24 of the South Burlington Zoning Ordinance. The determination of whether or not this application complies with all other requirements contained in the zoning ordinance shall be made by the Administrative Officer. DESIGN REVIEW COMMITTEE 28 JANUARY 2002 PAGE 3 1. This recommendation for approval of the proposed addition is leased on the application's compliance with the design review criteria contained in Section 24 of the South Burlington Zoning Ordinance. The determination of whether or not this application complies with all other requirements contained in the zoning ordinance shall be made by the Administrative Officer. 2. Any new exterior lighting shall consist of downcasting shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. The existing floodlights shall function for security purposes only and operate by short terns motion sensor. 3. Any change to the site plan shall require approval by the South Burlington Design Review Committee. 4. The applicant shall paint the fiberglass panels on garage to snatch vinyl siding. 5. The applicant shall trim out exposed garage roof rafters to match siding. 6. Any existing plant material shall be replaced if damaged during installation of vinyl siding. IVIr. Clary seconded. Motion passed unanimously. 4. Design Review Application #JAR®02®01 of Anne Nilson to: 1) replace damaged freestanding sign, and 2) install two new wall signs, 4 San Remo Drive: Ms. Spicer said they want the sign to go along with the color scheme for the rest of the business image they are projecting. Ms. Smith noted that the regulations indicate the sign should go with the color of the building. Ms. Spicer said the color most in line with the buildings is green and there is so much green on Dorset Street. It is also not reflective of the business. Mr. Duff said he lilted the proposed sign and color. Mr. Boehm felt the purple was too purple. Ms. Leban felt the grey coordinated with the stone. Mr. Clark said the intent was that when you face Dorset St. the color should be consistent. Mr. Duff didn't want to punish the applicant for having something unique. Mr. Boehm noted that the regulations say the sign should be consistent with building and properties nearby in terms of color, design and lighting. DEVELOPMENT REVIEW BOARD MEMO February 19, 2002 MEETING use,the DRC recommended a planting bed adjacent to this wall to break up the mass. The applicant is now proposing to install a single window on this elevation to break up the mass. Staff suggests that the Board require the installation of two previously approved windows to break up the mass of blank wall. SITE PLAN CRITERIA: The only issue affecting this application is parking. Parking: The parking requirement is ten (10) spaces. The plan shows ten (10) spaces, one is handicap accessible. Staff suggests the applicant relocate the bike rack. Currently it is too close to the rear entrance for either to be functional. 9) PAUL MORWOOD—DESIGN REVIEW APPLICATION-333 DORSET STREET This project is a request to replace wood clapboards with vinyl siding on a 1220 square foot building used as a general office. This property located at 333 Dorset Street lies within the C1 and CD3 Districts. It is bounded on the north by a small residence converted to office use (doctor's office), on the east by Dorset Street and Dorset Street Beverage, on the south by another small residence converted to office use (insurance company), and on the west by residences on Sherry Road. Consistent Design: The vinyl siding proposed relates to the buildings adjacent to the applicants property (photos included). Materials Used: Proposed vinyl siding has a faux wood grain finish. It is not an obvious faux texture and staff finds it suitable. A letter is enclosed with information on the company doing the installation. Colors and Textures: The proposed vinyl siding is a subdued color choice and is a complimentary color choice to the existing freestanding wood sign. The texture of the siding has a faux wood grain, which is acceptable. Windows & Doors: No proposed changes. Human Scale Design: No changes proposed to affect the human scale. Roof as a Design Element: No proposed changes. Orient Buildings to Public Streets: No changes proposed to effect the orientation to the public street. The building currently has a front door that opens to Dorset Street. Conceal Rooftop Devices: No rooftop devices proposed. 10 DEVELOPMENT REVIEW BOARD MEMO February 19, 2002 MEETING The addition of a door, stepped back into the facade or a false door will improve the connection to the public street. A stepped back door allows for access from Dorset Street and will not interfere with the safety of pedestrians on the sidewalk The proposed location of a new door is off the parking lot. Conceal Rooftop Devices: The parapet roof of the north elevation will hide the proposed HVAC. The pitched roof will hide the proposed HVAC from Dorset Street. The existing trees will hide the view of the proposed HVAC from the south. The only view is from the rear of the parking lot on the east. Staff finds this acceptable. Landscape and Plantings: None proposed. Efficient and Effective Circulation: Staff finds this acceptable. Outdoor Lighting: No proposed changes to the existing lighting. Special Features: None proposed. RECOMMENDED CONDITIONS: 1) This recommendation for approval of the proposed renovation is based on the application's compliance with the design review criteria contained in Section 24 of the South Burlington Zoning Ordinance. The determination of whether or not this application complies with all other requirements contained in the zoning ordinance shall be made by the Administrative Officer. 2) Prior to review by the Development Review Board the site plan shall be revised to show the changes listed below: a) The site plan shall show the installation of a planting bed adjacent to the eastern elevation of the main building, including a planting plan. b) The site plan shall show revised parking to reflect the addition of a planting bed. c) The site plan shall indicate trash storage inside building. d) The site plan shall include building and overall coverage information and calculated parking requirements. 3) The materials and colors used to finish the building will be of like materials and colors that currently exist on the building. 4) Any new exterior lighting shall consist of downcasting and shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. 5) Any change to the site plan shall require approval by the South Burlington Design Review Committee. The issue the Board should address is the east elevation of the building. The original Design Review application was to remove to previously approved windows from this elevation. If the windows indeed needed to be removed to accommodate the change of 9 DEVELOPMENT REVIEW BOARD MEMO February 1.9, 2002 MEETING Landscape and Plantings: Staff is concerned that the included site plan does not show the existing landscape and has requested that a site plan reflecting the existing conditions. The applicant stated that he provided photographs of the site, which show the landscape. There are no suggested changes to the existing planting. Outdoor Lighting_ All existing floodlights should be removed and replaced with approved downcasting and shielded fixtures. Cut sheets should be submitted to the Director of Planning and Zoning for approval, per Section 26.105 (e) of the South Burlington Zoning Regulations. Other: Currently on the property is a sign that is resting on the ground reading "Nicholas A. Morwood Lawyer". Is this a previously approved wall sign that was removed for the installations of the vinyl siding? RECOMMENDED CONDITIONS: 1) This recommendation for approval of the proposed addition is based on the application's compliance with the design review criteria contained in Section 24 of the South Burlington Zoning Ordinance. The determination of whether or not this application complies with all other requirements contained in the zoning ordinance shall be made by the Administrative Officer. 2) Any new exterior lighting shall consist of downcasting and shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. The existing floodlights shall function for security purposes only and operate by short term motion sensor. 3) Any change to the site plan shall require approval by the South Burlington Design Review Committee. 4) The applicant shall paint the fiberglass panels on garage to match vinyl siding. 5) The applicant shall trim out exposed garage roof rafters to match siding. 6) Any existing plant material shall be replaced if damaged during installation of vinyl siding. The Board needs to address the issue of an site plan showing the existing conditions of the property and the lighting issue as there is a floodlight on the rear of the building. 10) LARKIN MILOT PARTNERSHIP —APPEAL OF ADMINISTRATIVE OFFICER-1125 SHELBIIRNE ROAD This is an appeal of the issuance of Notice of Violation #NV-02-04 alleging a violation of condition #5 of the Planning Commission's March 3, 1992 approval requiring shared 11 DEVELOPMENT REVIEW BOARD MEMO February 19, 2002 MEETING parking among all commercial uses within the planned unit development which includes a fast -foot restaurant (McDonald's), 1125 Shelburne Road. BACKGROUND INFORMATION On 12/11/90 the Planning Commission approved a planned unit development which was amended on 3/3/92 to include 150 residential units, a 61 room hotel, and 20,000 sq. ft. movie theatre (1000 seats), a 22,000 sq. ft. retail building, and a 3100 sq, ft. fast-food restaurant with drive through service (see enclosed Findings of Fact and Decision). The Planning Commission found that the commercial portion of the development required 592 parking spaces. The plan submitted and approved showed 465 spaces thereby granting a 127 space waiver for a 21.5% shortfall. The reason this waiver was granted was because the applicant had submitted a "shared parking analysis" indicating that 465 spaces was the total peak parking demand. The Planning Commission approved a revised plan on 2/2/94 with 489 spaces as the shared parking study submitted with the application indicated a total peak parking demand of 489 spaces. An amendment by the Development Review Board on 11/2/99 reduced the total peak parking demand by four (4) spaces to 485 spaces based on the changes in use proposed. A revised shared parking study was submitted to support the application (see letter dated 2/18/98). ISSUE The issue, simply stated, is that the Appellant is not living up to the requirement to share all the commercial parking spaces equally with all the commercial tenants. Staff became aware of this problem in October 1994 and has since been attempting to obtain compliance through correspondence from staff and the City Attorney, and a meeting with Mr. Milot and a representative from McDonald's in June 2000. Despite these attempts to obtain compliance, the Appellant continues to be in violation. The McDonald's property currently has seven (7) signs placed within the parking area adjacent to their restaurant reading, "McDonald's Customer Parking Only Violators Will Be Towed At Owners Expense". By not sharing this parking area with the other tenants, the Appellant is in violation of their 3/3/92 approval requiring shared parking. 11) WESCO, INC. — CONVENIENCE STORE EXPANSION — VARIANCES This application has continued from the 1/8/02 meeting at the applicant's request. This project consists of amending a plan for a 502 square foot convenience store with gas sales 12 DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 28, 2002 Mr. Paul Morwood 333 Dorset Street South Burlington, Vermont 05403 Re: 333 Dorset Street Dear Mr. Morwood: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure that someone is at the meeting on Tuesday, March 5, 20o2 at 7:30 p.m. at the City Hall Conference Room, S75 Dorset Street. Sincerely, ��- !/'��✓�,/ba1��l �/ .,yam Raymond J. Belair v Administrative Officer Encl./td 1/28/02 MOTION TO RECOMMEND APPROVAL PAUL R. MORWOOD, 333 DORSET STREET I move the City Center Design Review Committee recommend approval of the design review application #DR-01-20 of Paul R. Morwood to amend a previously approved plan for a 1,220 square foot office building. The amendment consists of installing vinyl siding at 333 Dorset Street, as depicted on an eleven (11) page document entitled "Application for Design Plan Approval 333 Dorset Street, South Burlington, Vermont", prepared by Paul R. and Anne H. Morwood, with the following stipulations: 1) This recommendation for approval of the proposed addition is based on the application's compliance with the design review criteria contained in Section 24 of the South Burlington Zoning Ordinance. The determination of whether or not this application complies with all other requirements contained in the zoning ordinance shall be made by the Administrative Officer. 2) Any new exterior lighting shall consist of downcasting and shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. The existing floodlights shall function for security purposes only and operate by short term motion sensor. 3) Any change to the site plan shall require approval by the South Burlington Design Review Committee. 4) The applicant shall paint the fiberglass panels on garage to match vinyl siding. 5) The applicant cover exposed garage roof rafters to match siding. 6) Any existing plant material shall be replaced if damaged during installation of vinyl siding. To: Applicants From: Stephanie Smith, City of South Burlington RE: Project Staff Notes Date: 12 February 2002 Re: Design review application #DR-01-20 of Paul Morwood, 333 Dorset Street. Overview: Design review application of Paul Morwood for approval for the installation of vinyl siding to a 1220 square foot general office building with parking. Issues: ■ The applicant should provide an accurate site plan showing existing conditions, i.e. plant material, walkways, parking, and location of the sign, as required as part of the a design review application under section 24.30 (c). ■ The applicant should be aware that all existing floodlights should be downcasting, shielded and cut sheets submitted for approved by the Director of Planning and Zoning. Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the design review application with the above exceptions noted. Please provide additional information by February 26, 2002. Recommendation: Staff recommends this application be authorized to proceed for consideration at the March 5, 2002 Development Review Board meeting. r 575 Dorset Street Phone: 846-4106 Fax 846-4101 Fax To: Caul Morwood From: Stephanie A. Smith Fax: 862,5700 Date: February 13, 2002 Phone: Pages: 2 Re: CC: Re: DR-01-20-333, Dorset Street Dear Mr. Morwood: Please find attached the preliminary comments on the above referenced application. The project is currently scheduled to be considered by the Development Review Board on March 5, 2002. If you wish to respond to these comments or submit additional information, please do so no later than February 26, 2002. Please be sure that someone is at this meeting to represent your application. If you have any questions, please feel free to give me a call. Sincerely, Cam. Stephanie A. Smith Associate Planner City of South Burlington, Planning & Zoning PLANNING COMMISSION 20 March 1990 page 4 to the City Attorney for approval and shall be recorded prior to permit. 10. A swale shall be constructed so as to prevent storm water runoff from draining onto the adjoining Tygate and Munson property 11. The Final Plat application shall be submitted within 12 months or this approval is null and void. Mrs. Maher seconded. Motion passed unanimously. 5. Continue Site Plan application of Paul Morwood for conversion of a 1220 sq, ft. building (including garage ) for office use, 333 Dorset Street Mr. Morwood said 2 curb cuts will be eliminated. The Budget Mobil Home curb cut will be adapted to serve them and this project. They have specified that gravel will be removed and the area will be reseeded. A wooden fence will be removed to allow driveway sharing. There will be a cedar hedge along the rear property line. Owners of the rear property said they didn't want a cedar hedge and would prefer to have a fence. A stockade fence was agreed upon. Ms. Peacock moved the Planninq Commission approve the Site Plan application of Paul MOrwood for conversion of a 1,220 sq. ft. building (including garage) to office use as de icted on a plan entitled "Site Plan for Professional Office of Paul Morwood, 333 Dorset Street, South Burlington, Vermont," prepared by Palco Ltd and dated 2/2/90 last revised 3/19/90 with the following stipu- lations: 1. The plan shall be revised prior to permit to show a 6 foot high stockade fence along the rear property line. 2. The applicant has expressed that he fully understands that as long as the building is used for commercial purposes, the existing structure will be non -conforming since it is only 56 feet from the residential district to the west (section 19.104(c) of the South Burlington Zoning Regulations). Therefore, as long as commercial uses exist within the structure, the structure and property will be subject to the provisions for non -conforming structures set forth in the Zoning Regulations. 3. The proposed storm drain pipe shall be plastic. It shall be laid to grade and tied in to the City system when the Dorset Street project is constructed. PLANNNING Commission 20 March 1990 page 5 4. The applicant shall record the appropriate legal documents prior to occupancy of the building to ensure shared access of the drive for 333 Dorset, 337 Dorset Street and 341 Dorset Street. The legal documents shall be approved by the Citv Attornev prior to recordin 5. The applicant expressed that there will be no new lighting added to the site. 6. A building permit, if necessary, shall be obtained within 6 months or this approval is null and void. Mrs. Maher seconded. Motion passed unanimouslv. 6. Site Planapplication of Jeff and Betty Goldberg for construction of a 6400 sq. ft, building for warehouse use, 3 Lime Rock Road Mr. Belter stepped down from the Commission due to a conflict of interest. Mr. Goldberg questioned why fire access to the rear of the building has become an issue when it wasn't mentioned when the same plan was submitted 3 years ago. He said the building will be for warehouse, offices and a showroom and is actually 6,000 sq. ft. The curb cut will be on Lime Rock Rd. There will be a loading dock in the rear of the building. Mr. Weith noted there is a question of the flood plain going through the proposed parking lot. Mr. Goldberg said they can back off and make the building a bit shorter and could also move the building forward. Mr. Weith said that is OK as long as front yard coverage is met. Mrs. Maher suggested continuing the hearing until everything is in order. Mr. Goldberg said a 30 ft. drive is not a problem. Mr. Wieth noted the Fire Chief recommends a hydrant in the cul de sac to serve all of these buildings. Ms. Peacock wanted to know how far away existing hydrants are. Mr. Weith said one is about 150-175 ft. from the proposed building and the other is over 1,000 ft. Ms. Peacock noted only 5 parking spaces are shown and 7 are required. Mrs. Maher moved to continue the hearing for no longer than the legally allowed 60 days from this date. Ms. Pugh seconded. Motion passed unanimously. Planninng File Data for Computer input. 1. Original Property Owner 71AL-dEK,_ 2. Developer's Name -�J1 3. Name of Development. 4. Address of Developmentor Project 5. Type of Project.__ Minor Subdivision (MI) Major Subdivision (MS) Site Plan (SP) 6. Zoni ttv District 1 CD -3 7. Zoning District 2 H. "Zoning Board Approval date if Required 9. Date of Planning Commission H arings/Meetings Site Plan DateFti or Sketch Plan Date _ 3 10. Preliminary Plat date 11. Final Plat Date 12. Revised Final Plat Date 1 (if applicable) 13. Revised Final Plat Date 2 ( if applicable) 14. Acreage of 'Total Project 1.5. Use of Land 1 Oro,--/ e- 1 (i . Use of hand 2 Use of' Land 3 18. t,;e O f Land 4 19. Number of Lots �+e). Ntumlt��r ot� Single E• -tin I1 Uni is 2 1 Nttmher of Mu l t i- Vam i I y Un i t.s r•u(•t iron Cost of Iiui Id.ing —c� 23. Size of Building (Square footage) y_�_O_._ 24. Streets City Street CS Private Street PS 25. Date of Acceptance of streets by City 26. Bond -Landscaping 27. Bond -Streets _ 28. Bond -Sewer 29. Bond -Water 30. Bond -Other 31. Date Mylar Due (90 days after approval) 32. Date Recorded - 33. Expiration date of Approval 34. Date of First Building Permit 34 . Tax Map Number 23- q - 3 36. Map File Location 1 37. Map File Location 2 38. Map File Location 3 Other fees (Type and amount) Preparers Name: . Date: 3It I R o Posted in Computer (Name, Date): 4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 15, 1990 Mr. Paul Morwood 215 College Street Burlington, Vermont 05401 Re: Office use, 333 Dorset Street Dear Mr. Morwood: ZONING ADMINISTRATOR 658-7958 Enclosed are the March 20, 1990 Planning Commission meeting minutes. Please meet the stipulations contained in the approval motion before applying for a building permit. Please call if you have any questions. S ' c .rel , Lit/ �• Joe Weith, City Planner 1 Encl JW/mcp i SHARED ACCESS AGREM ]NT Vol. ::Dq Y Page �..... J IThis Shared Access Agreement (hereinafter Agreement) is made the Sday lof April, 1990, by and between Paul R. and Anne H. Morwood of South Burlington, ;Vermont (hereinafter Morvood) and Roberta A. Kiehl of Burlington, Vermont ;(hereinafter Kiehl). i' Whereas Morvood is the owner of lands and premises commonly known as 333 ijDoraet Street in South Burlington, Vermont, and ;; Whereas Kiehl is the owner of lands and premises commonly known as 337 IiDorset Street in South Burlington, Vermont, and Whereas the parties use a common curb cut on said Dorset Street and common Idrivewatiy as access to their lands and premises from Dorset Street, and .24 0 r' Whereas the South Burlington Planning Commission desires to allow only the j minimum number of curb cuts on Dorset Street and has obtained the agreement of both parties to allow the owner of lands and premises commonly known as 341 Dorset Street to use said common curb cut and common driveway as access to and ' U � from Dorset Dorset Street. I Nov therefore, the parties enter into this Agreement intending to bind I themselves and their heirs, successors and assigns: I, � �. 1. At such time as the South Burlington Planning Commission shall i (,require the owners of 341 Dorset Street to use said common curb cut and common �I ,,driveway for access to their premises, the parties hereto shall sign a Quit I �I Claim Deed granting said owners common use of said curb cut and common driveway Ilfor pedestrian and vehicular access to 341 Dorset Street. Extension of the I ,driveway to 341 Dorset Street shall be subject to Kiehls' (or subsequent i r 4ORW00D Q MOR W000 I1 „TTORREYS I;owners') agreement regarding location of same and shall further be subject to 215 COLLEGE ST I. agreement by the owners of 341 Dorset Street to construct said access at their BURLINGTON VT 0 01 I' expense. v.. 662-2i35 11 .. s CAA- to- fe�-W" Ill 2. Said Quit Clain Deed shall provide that the users of said common curb cut and common driveway shall share In a pro-rata manner in the costs of maintenance and repair (by way of explanation, three users would pay 1/3 of such costs). ji IN WITNESS WHEREOF. the parties sign this Agreement this day of April, 1990. IIIN THE PRESENCE OF j Paul R. P16rvood cw� E sill Anne H. Morvood Z--X� Roberta, A. Kiehl (STATE OF VERMONT CHITTENDEN COUNTY, SS At 'y Y��L . in said County and State, on this day of 1990, PaoH--end Anne H. Morwood personally appeared and acknowledged lithis Instrument, by t sealed and subscribed, to be E-kr free act and deed. Before me, 7 r1,,WP '--�Notary Public ;STATE OF VERMONT CHITTENDEN COUNTY. SS At id C in State, 9�n this day of y iiApril, 1990, Roberta A. Kie'bl�t.'r.onIlly appear'ed acin:ow edged this instru- MORWOOD 5 MORWOOD !ment, by bat -sealed and subscribed. to be free act and deed. ATTORNEYS 215 COLLEGE ST BURLINGTON. VT Before me. 05401 Notary Public, P. 662.2135 END WF DVCU"NdW-' QIIIT CLAIM DEED FOR MUTUAL EASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT WE, PAUL R. MORVOOD and AN" H. MORWOOD , of the City of South Burlington in the County of Chittenden and State of Vermont, and ROBERTA A. KIEHL , of the City of Burlington. County of Chittenden and State of Vermont (hereinafter referred to as Grantor), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by PAUL R. MORVOOD and ANNE H. MORVOOD , of the City of South Burlington in the County of Chittenden and State of Vermont, and ROBERTA A. KIEHL , of the City of Burlington in the County of Chittenden and State of Vermont (hereinafter referred to as Grantee), have RE- MISED. RELEASED and FOREVER QIIIT CLAIMED unto the said GRANTEE, and Grantee's heirs, successors or assigns a certain easement concerning lands and premises I n the City of South Burlington, County of Chittenden and State of Vermont, described as follows, via: Being a right of way 29 feet in width, more or less, extending from Dorset Street, so-called, in a westerly direction, and running 93 feet, more or less, from the westerly line of Dorset Street as said westerly line exists on this date, which right of way runs over and along the common boundary line of lands and premises now owned by Paul R. and Anne H. Norwood, commonly known and I j designated as 333 Dorset Street, and lands and premises now owned by Roberta A. Kiehl, commonly known and designated as 337 Dorset Street in South Burlington, I Vermont. Said right of way shall lay 12.5 feet, more or less, on the southerly side of said common boundary line with the remaining 7.5 feet, more or less, on the northerly side of said common boundary line. Said right of way shall be used only for pedestrian and vehicular ingress j and egress to and from Dorset Street to the lands and premises of Grantee, and t Grantee's heirs, successors and assigns. No person may use said right of way in a manner which would interfere with free access to Dorset Street. By way of explanation and not limitation, no person may park vehicles or allow customers, clients or employees to park vehicles, on the right of way. Initial construction of the right of way shall be done at the sole expense of Paul R. and Anne H. Norwood. It is the intention of the parties that the crushed rock on the existing driveway serving the Kiehl property be moved to the new location of the mutual right of way and such additional stone as may be I necessary to construct the tventy-foot right of way be added as well as any necessary drainage to construct a right of way adequate to service the proper- ties as stated above. After the initial construction, all necessary maintenance, snow plowing, and other necessary expenses of said right of way shall be shared equally between the parties. Grantor and Grantee recognize and agree that a drainage pipe will be laid underneath the right of way solely, however, on the north side of said common blonw0006 Mosw000 Iboundary line. Paul R. and Anne H. Morwood, their heirs, successors and assigns ATT0I YS 215 cauE ST oseo wi.c 135 reserve and except from the operation of this deed the right to go upon and QUIT CLAIM DEED, PAGE -1- col. excavate a portion of said right of way to repair, replace and maintain said drainage pipe, but in doing so shall interfere with the use of said right of way to the smallest extent as is reasonable and practicable. After said excava- tion, Paul R. and Anne H. Morvood, their heirs, successors and assigns, shall return the right of way to its previous condition as far as in reasonable and practicable. Grantor and Grantee recognize and agree that they, their heirs, successors and assigns, have entered into a separate Access Agreement with the City of South Burlington Planning Commission whereby use of the right of way described above may also be deeded to the owners of 341 Dorset Street, South Burlington, I Vermont. -ez- irk to a W D 6 Morwood ATTORNEYS 415 COU .c .T. r BURLWGTON. VT. O5i1 Re TO HAVE AND TO HOLD all right and title in and to said Quit Claimed premi- ses, with the appurtenances thereof, to the said PAUL R. MORWOOD and ANNE H. NORWOOD, and ROBERTA A. KIEHL. Grantee, and Grantee's heirs, successors and assigns forever. IN WITNESS WHEREOF, Grantor hereunto signs and seals this Quit Claim Deed this day of Mareh, 1990. IN THE PRESENCE OF rt !� a X, ' - �Ctt�zj Paul R. Mo woo LCiiL-Ili , � ^l • ��Lr' Gf C.T'L•Cl�� Anne H. Morwood 4. Roberta A. Kiehl G_' STATE OF VERMONT CHITTENDEN COUNTY, SS At Z in said County and State, on this �O day of N�art� ' 1990, P Anne H. Morwood personally appeared and acknowledged this instrument,by V" sealed and subscribed, to be t/b"r free act and deed. Before me, iC2.ID ( . Y V�Cl1., K .STATE OF VERMONT Notary Public CHITTENDEN COUNTY, SS ' At in a idd Cfounty� dd Staten this � daffy of 1990, Roberta A. Kiehl✓per o a�ly app�eare-d anso owledged this instru- ment, by her sealed and subscribed, to be par free act and deed. ti=_11 Vftmont Property Transfer Tax (� 32 V. S. A. Chap. 231 Before me, =%` OWLEDGEMENT- Notary Public ..:.: N • LVc FrD • BOND p`lEN711 rDR EtA ��? 110 QUIT CLAIM DEED, PACE -2- ev- 77-�. 7� �14 44 IVJlf�. le�clv MCNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 JOSEPH C. McNEIL (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE* WILLIAM F. ELLIS LINDA R. LEROY SUSAN H. COMPTON* SUSAN GILFILLAN (*ALSO ADMITTED IN N.Y.) Joseph Weith, Planner South Burlington Offices 575 Dorset Street South Burlington, Vermont 05403 April 13, 1990 OF COUNSEL ARTHUR W. CERNOSIA Re: 333 Dorset Street/337 Dorset Street Shared Access Dear Joe: I have reviewed the attached Shared Access Agreement and Quit Claim Deed for Mutual Easement regarding the above - referenced properties. The Shared Access Agreement is adequate to authorize an expansion of the shared access to include 341 Dorset Street when such property comes before the Planning Commission. The quit claim deed is also adequate. Please let me know if you have any further questions regarding this matter. Very truly yours, Steven F. Stitzel SFS/arc Enclosure SON025.COR i-1 LEI _I CI [1 ''41 F' 1�11 i 0 D T E L �'d u . w� ' f, 5 r i i1 r�pr 9,90 1S'3.4 P10.,jC1 F.. C w MGR 1Y DOD F 'f Z9NE-17. tit St V i C," A FH 8G2 21 i' SHARED ACCESS AGREEMENT This Shared Access Agreement (hereinafter Agreement) is made the day of April, 1990, by and between Paul R. and Anne H. Morwood of South Burlington, Vermont (hereinafter Morwood) and Roberta A. Kiehl of Burlington, Vermont (hereinafter Kiehl). Whereas Morwood is the owner of lands and premises commonly known as 333 Dorset Street in South Burlington, Vermont, and Whereas Kiehl is the owner of lands and premises Oommonly known as 337 Dorset Street in South Burlington, Vermont, and Whereas the parties use a common curb out on said Dorset Street and common driveway as access to their lands and premises from Dorset Street, and Khereas the Soutb Burlington Planning Commission desires to allow only the minimum number of curb cuts on Dorset Street and has obtained the agreement of both parties to allow the owner of lands and premises commonly known as 341 Dorset Street to use said common curb out and common driveway as access to and from Dorset Street. Now therefore, the parties enter into this Agreement intending to bind themselves and their heirs, successors and assigns: I 1. At such time as the South Burlington Planning Commission shall �Irequire the owners of 341 Dorset Street to use said common curb cut and common driveway for access to their premises, the parties hereto shall sign a quit Claim Deed granting said owners common use of said curb cut and common driveway I for pedestrian and vehicular access to 341 Dorset Street. Extension of the driveway to 341 Dorset Street shall be subject to Kiehls' (or subsequent owners') agreement regarding location of same and shall further be subject to i agreement by the owners of 341 Dorset Street to construct said aooess At their expense. M- . ,., ;,coo �x �� ,�r•..,+,-,nn n.rpc., r•.. 6l: RLrnCTON v' rran, 2. Said Quit Claim Deed shall provide that the users of said common curb +cut and common driveway shall share in a pro -rat& manner in the oosts of aintenanoe and repair (by way of explanation, three users would pay 1/3 of such costs). IN WITNESS WHEREOF, the parties sign this Agreement this day of April, 1990. I1N THE PRESENCE OF Paul R. Morwood Anne H. Morwood Roberta A. Kiehl STATE OF VERMONT CNITTENDEN COUNTY, SS At in said County and State, on this day of April, 1990, Paul R. and Anne H. Morwood personally appeared and aoknowledged this instrument, by them sealed and subscribed, to be their free act and deed. Before me, Notary Public STATE OF VERMONT CNITTENDEN COUNTY, SS At in said County and State, on this day of April, 1990, Roberta A. Kiehl personally appeared and acknowledged this instru- ment, by her sealed and subscribed. to be her free act and deed. Before me, Notary Publio I L L_ -' . - - - - - - - I -I - _•ti iij IIL. i 1 MORWOOD & MORWOOD At 1 OhNeYZ-wr LAW 215 COLLEGE STREET b UkLINC.TON. VLHMuN1 0'.3401 rviC+i Ot A3 A. MOMINOOn r AUL fi MORWOOP T0: STEVEN F. STITZEL, ESQ. FROM: Paul R. Morwood, Esq. DATE: APRIL 9, 1990 RE: 533-337-341 DORSET ST. 802.802.2 1 35 Enclosed please find proposed Shared Access Agreement which has been slightly modified since the one I faxed to you sometime ago. These modlrications were requested by Leslie Tinton. representing Me. Kiehl. I haven't heard from you about any of these materials. Do I take thin as a sign of satisfaction? Please let me hear from you. Paul R. M rwood, Esq. Thle fax transmission consists of __3 pages including this one. our fax number is (802) 862-5700; however, this is not a dedicated fax line; before transmitting a fax, please call (802) 862-5700 and speak with the person who answers so we can prepare for the fax transmission. It Would be quicker if you called us from the phone on your fax machine if it has One. NOTICE OF CONDITIONS OF SITE PLAN APPROVAL WHEREAS, Roberta A. Kiehl (hereinafter referred to as "Applicant") is the record owner of property commonly known and designated as 337 Dorset Street located in the City of South Burlington; and WHEREAS, On July 11, 1989 Applicant received approval from the Planning Commission for the City of South Burlington for the conversion of an existing house into a professional office building on the above -mentioned property; and WHEREAS, the professional office building project approved by the South Burlington Planning Commission is specifically shown on a plan entitled "Site Plan for Professional Office for Roberta A. Kiehl" prepared by Palmer Company, Ltd., dated March 13, 1986 and last revised June 29, 1989; and / WHEREAS, the South Burlington Planning Commission conditioned its approval on Applicant's agreement to provide access to Dorset Street to certain adjoining properties; and WHEREAS, the above -mentioned condition regarding access is intended to apply not only to the Applicant but tc the Applicant's heirs, successors and assigns; NOW THEREFORE, the City of South Burlington and the Applicant hereby record this Notice of Condition of Site Plan Approval to establish said condition as a covenant and requirement that shall run with and be binding upon the property of Applicant unless and until modified by the South Burlington Planning Commission: McNEIL & MURRAY eURIANOTON. YLRx011rT "I 1 J 1. Applicant shall improve the property that is the subject of this Notice, commonly referred to as 337 Dorset Street, in accordance with the above -referenced approved site plan. 2. The City of South Burlington acting through its Zoning Administrator, Planning Commission, Zoning Board of Adjustment or their designate or successors, may require the owners of properties adjoining the Applicant's property, commonly known and designated as 333 Dorset Street, and 341 Dorset Street to utilize the curb cut located on Applicant's property as the sole and exclusive means of access to their properties from Dorset Street. If the City of South Burlington elects to impose such a condition on the owners of 333 or 341 Dorset Street, it shall require said property owners to construct at their expense any driveway or other improvements necessary to accomplish said access arrangement and share an appropriate portion of the expense of maintaining the shared driveway access to Dorset Street. Dated at South Burlington, Vermont, this day of Witness Witness 14 Witn ss`/ R Witness , 1989. City of South Burlington Planning commission Roberta A. Kiehl, Applicant 2 i-!0F'W0 iD�!%[,,IJF.1jJ00D NIc•106 As A, MOMWOGO PAVL !t h1ORwOOD TEL iJii . iJ"c't '?c70[J iVlar" �1 ,<_iQ 15 51 i'Ju .CiJJ I i MORWOOD & MORWUOD ` ATTOnWY6 AI -LAW 215 COlLLGE STREET j 5.k, INGI VN, VERMONT Un41>1 (302-862.2 135 i TO: STEVEN_F. STITZEL, ESQ. FROM: Paul R. Morwood, Esq. DATE: MARCH 21, 1990� RE: 333--337-341 DORSET ST. Enclosed please find proposed Quit Claim Deed which has been i slightly modified since the one I faxed to you several days ago. These modifications relate to a more particular description of the location, specification that I will be responsible for the initial i construction and a provision for the drainage pipe leading from 333'd backyard to the city pipe. This latter provision was requested by the City Engineer and Planning Commission. r Please let me know if you desire changes, etc. 1 Paul Fr. Morwood, Esq. S2 This fax transmission consists of 5 pages including this one. Our fax number is (802) 862-5700; however, this is not a dedicated fax line; before transmitting a fax, please call (802) 862-5700 and speak with the person who answers so we can prepare for the fax transmission. It would be quicker it you called us from the phone on your fax machine if it has one. P1Li 1JU01181'luFJj001) TES H0 . 80286251700 hio.r ^ 1 , 90 15 : S 1 FJ0 .0,Cl2 F QUIT CLAIM DEED FOR MUTUAL EASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT WE, PAUL R. MORWOOD and ANNE H. MORWOOD , of the City of South Burlington in the County of Chittenden and State of Vermont, and ROBERTA A. KIEHL , of the City of Burlington, County of Chittenden and State of Vermont: (hereinafter referred to as Grantor), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by PAUL R. MORWOOD and ANNE 11. MORWOOD , of the City of South Burlington in the County of Chittenden and State of Vermont, and ROBERTA A. KIEHL , of the City of Burlington in the County of Chittenden and Btate of Vermont (hereinafter referred to as Grantee), have RE- MISED, RELEASED and FOREVER QUIT CLAIMED unto the said GRANTEE, and Grantee's heirs, successors or as6igriy a certain easement conoerning lands and premises in the City of South Burlington, County of Chittenden and State of Vermont, described an follows, viz: Being a right of way 20 feet in width, more or lees, extending from Dorset i Street, so-called, in a westerly direction, and running 95 feet, more or less, from the westerly line of Dorset Street ad said westerly line exists on thin which right f w runs over on the boundary 1 lan date, h g t o ay a and along e common b y ins of db and premises now owned by Paul R. and Anne 11. Morwood, commonly known and designated as 333 Dorset Street, and lands and premises now owned by Roberta A. Kiehl, commonly known and designated as 537 Dorset Street in South Burlington, Vermont. Said right of way shall lay 12.5 feet, more or less, on the southerly side of said common boundary line with the remaining 7.5 feet, more or less, on QUIT CLAIM DEED, PAGE -1- I iLiF l,ii iOI� : l°10R1IUOI1 TEL Ho . "02': 6 5700 Md r 21 , 90 1 c' 51 iJu .:��: _ F . : the northerly side of said common boundary line. Said right of way shall be used only for pedestrian and vehicular ingress and egress to and from Dorset Street to the land& and promises of Orantee, and Grantee's heirs, successors and assigns. No person may use said right of way in a manner which would interfere with free access to Dorset 13treet. By way of explanation and not limitation. no person may park vehicles or allow customers. oliento or employees to park vehicles. on the right of way. Initial construction of the right of way Shall be done at the sole expense of Paul R. and Anne H. Morwood. It is the intention of the parties that the crushed rock on the existing driveway serving the Kiehl property be moved to the new location of the mutual right of way and such additional stone as may be necessary to construct the twenty -foot right of way be added as well as Any necessary drainage to construct a right of way adequate to service the properties as stated above. After the initial construction, all necessary maintenahoe, anew plowing, and other necessary expenses of said right of way shall be shared equally between the parties. Grantor and Grantee recognise and agree that a drainage pipe will be laid underneath the right of way solely, however, on the north side of said common boundary line. Paul R. and Anne H. Morwood, their heirs, successors and aesigne recserve and except from the operation of thin deed the right to go upon. and excavate a portion of said right of way to repair, replace and maintain said drainage pipe, but in doing so shall interfere with the use of said right of way to the smallest extent as is reasonable and practicable. After said excavation, Paul R. and Anne H. Morwood, their heirs, suoceesore and assigns, shall return the right of way to its previous condition as far as is reasonable QUIT CLAIM DEED, PAGE -2- I 0 0 El" HC F'I,Ji JUD TEL 110 .8,02} 625?UU I°tar 21 , 9u 1 ' S1 hJu . UU2 F . U4 and practicable. Grantor and Grantee reoognize and agree that they, their heirs, successors and assigns, have entered into a separate Acoese Agreement with the City of South Burlington Planning Commission whereby use of the right of way described above may also be deeded to the owners of 341 Dorset Street, South Burlington, Vermont. TO HAVE AND TO HOLD all right and title in and to said Quit Claimed premi- sea, with the appurtenances thereof, to the said PAUL R. MORWOOD and ANNE H. MORWOOD, and ROBERTA A. KIEHL, Grantee. and Grantee's heirs, successors and assigns forever. IN WITNESS WHEREOF, Grantor hereunto signs and seals this Quit Clatm Deed this day of March, 1990. IN THE PRESENCE OF Paul R. Morwood Anne H. Morvood Roberta A. Kiehl STATE OF VERMONT CHITTENDEN COUNTY, SS At . in said County and State, on this day of QUIT CLAIM DEED, PAQS -3- { ,1=t:J=iD.113F,WCi0[1 TEL 11o.'1�028625700 Mar 21,90 15 E1 1,40.002 F , March, 1990, Paul R. and Anne H. Morwood personally appeared and acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. Before me, STATE OF VERMONT CHITTENDEN COUNTY, SS Notary Publio At in said County and State, on this day of i March, 1990, Roberta A. Kiehl personally appeared and aok'nowledged this instru- ment, by her sealed and subscribed, to be her free aot and deed. Before me, Notary Public i QUIT CLAIM DEED, PACE -4- MORWOOD & M(-)RWOOCD ATTOAr4EY$ AT Lnw 2 15 COLLt<:f 4,11M t I BURLING10N, VCKMONT 05401 C,4 .r. u�AS A MORN'OOr, PAUL * I"lvilWlCC, TO: STEVEN F. STITZEL, ESQ. FROM: Paul R. Morwood, Eon. DATE: FEBRUARY 27, 1990 RE: 333-337-341 DORSET ST. Enclosed please find proposed Quit Claim Dead and Shared Access Agreement. Please let me know if you desire changes, etc. Paul H. Morwood, Leq. PRM: fem eno. po: Joe weith 002 3E.2. 21 -1W ThIs fax transmission consists of 3 pages including this one. Our fax number is (802) 862-5700; however, this is not a dedicated fax line; before transmitting a fax, please Call (802) 862-5700 and speak with the person who answers so we can prepare for the fax transmission. it would be quicker if you caller) us from the phone on your fax machine if it has one. kiF:•nO4o G Moawc�,o ATTORNFVS Zf, COLLGGC Sl 8JRLINGTON VT OS601 PH 662-213S QUIT CLAIM DEED FOR MUTUAL EASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT WE, PAUL R. MORWOOD and ANNE H. MORWOOD , of the City of Sout;:, Burlington in the County of Chittenden and State of Vermont, and R3BERTA A. KIEHL , of the City of Burlington, County of Chittenden and Stotei of Vermcr.t (hereinafter referred to as Grantor), In the consideration of -.FN AND MORE, DOLLARS paid to Grantor's full satisfaction by PAUL R. MORWOOD MORWOOD , of the City of South Burlington in the County of Chittenden a.:nd :,tale I of Vermont, and ROBERTA A. KIEHL , of the City of Burlington In tre County of Chittenden and State of Vermont (hereinafter referred to as Grantee), have: RE- MISED, RELEASED and FOREVER QUIT CLAIMED unto the said GRANTS'., and GrantQ'e'& heirs, successors or assigns a certain easement concerning lands r-nd prenIthtl in the City of South Burlington, County of Chittenden and State of Vermoni, described ee follows, viz: Being a right of Kay 20 feet in width, more or less, extending .from Dtrejet Street, so-called, in a westerly direction, and running 93 feet, more or lava, from the westerly line of Dorset Street as said westerly line exists on th15 date, which right of way runs over and along the common boundary line of landt., and premises now owned by Paul R. and Anne H. Morwood, commonly kn%wrt ar.a designated as 333 Dorset Street, and lands and premises now owned by Rob-,rta A. Kiehl, commonly known and designated as 337 Dorset Street in South Burlon, Vermont. Said right of way shall be used only for pedestrian and vehicular ing—lees and egress to and from Dorset Street to the lands and premisen of Grantee:. nrbu Grantee's heirs, successors and assigns. No person may use said right of va in a manner which would interfere with free access to Dorset F?treet. By gray ;A explanation and not limitation, no person may park vehicles or allow ouetch1°15, clients or employees to park vehicles, on the right of way. Necessary maintenanoe, snow plowing. and all •r>ther neoeesary expenses of said right of way shall be shared equally between the partieH. Grantor and Grantee recognize and agree that they, their i and assigns, have entered into a separate Aooesa Agreement watt, the City of QUIT CLAIM DEED, PAGE -1- Mnnwnnn ii Mortwpno ATTORNEYS 21S COLLEGE ST. 91jRL,NGTON, VT Oi401 P1i M.t-2,3t South Burlington Planning Commission whereby use of the right of way deacri-f., above may also be deeded to the owners of 541 Dorset Street, South Vermont. TO HAVE AND TO HOLD all right and title in and to eaid Quit Claimed preni. ses, with the appurtenances thereof, to the said PAUL R. MORWOOD and ANNE I*. MORWOOD, and ROBERTA A. KIEHL, Grantee, and Grantee's heirs, su�oessvrs &n0l assigns forever. IN WITNESS WHEREOF, Grantor hereunto signs and seals this Quit Clair, Deed this day of Maroh, 1990. IN THE PRESENCE OF Paul R. Morwood Anne H. Morwood Roberta A. Kiehl STATE OF VERMONT CHITTENDEN COUNTY, SS At in said County and State, on this _ da' of March, 1990, Paul R. and Anne H. Morwood personally appeared and acknowledged this instrument, by them sealed and subscribed, to be their free act -sur;d deed. Before me, Notary Public STATE OF VERMONT j CHITTENDEN COUNTY, SS At , in said County and State, on this dax of"j March, 1990, Hoberta A. Kiehl personally appeared and acknowledged thin inat - ment, by her sealed and subscribed, to be her free act and deed. Before me, Notary Public QUIT CLAIM DEED, PAdE -2- Mr>Rw ;;GO a MoRe'OUL, ATT0Rr4FvS 21 bCOL [ Fr.F (�L!ni iNC•Tf1r. �1 ^,Snfii PH 8G2121 34 SHARED ACCESS AGREEMENT This Shared Access Agreement (hereinafter Agreement) is made the — day of March, 1990, by and between Paul R. and Anne H. Morwood of SosAth Burliug1 n, Vermont (hereinafter Morwood) and Roberta A. Kiehl of Burlington, :remnant (hereinafter Kiehl). Whereas Morwood is the owner of lands and premises commonly known as ;;A Dorset Street in South Burlington, Vermont, and Whereas Kiehl is the owner of lands and premises commonly knows, eL� Dorset Street in South Burlington, Vermont, and Whereas the parties use a common curb out on said Dorset Strct!,t WId case^;�ri driveway as access to their lands and premises from Dorset Street. ano Whereas the South Burlington Planning Commission dtoires to zliow or',y t}ze minimum number of curb cuts on Dorset Street quid has obtained t.Y.e of both parties to allow the owner of lands and premisna comm:5nly knr.4r, as x=d° Dorset Street to use said common curb out and oomrnon driveway as fi, ceas lo a_6c from Dorset Street. Now therefore, the parties enter into this Agreement lntendina to bind i i themselves and their heirs, successors and assigns: 1. Upon request of the owner of 341 Dorset Street., t-�) o-3e s;il.d common ` curb cut and common driveway for access to his or her premisen, the psartine i hereto shall sign a Quit Claim Deed ;granting said owner common use of said curb cut and common driveway for pedestrian and vehicular accesa to 341 Dorset i Street. 2. Said Quit Claim Deed Shall provide that the users of Patti common cu,r cut and common driveway shall share in a pro -rats manner In thp_ coats of maintenance and repair (by way of explanation, three users wo°old pay 1/., ,t such costs). IN WITNESS WHEREOF, the partied sign this Agreement tktis _ _ day of March, 1990. IN THE PRESENCE OF Paul R. Morwood Anne H . Mot -wood ; Roberta A. Kiehl STATE OF VERMONT CHITTENDEN COUNTY. $S , At . in said county and State. on s,hls day of March, 1990. Paul R. and Anne H. Morwood personally appeared a-nd acknowledged i i this instrument, by them sealed and subscribed. to be their free aot and deed. Before me, Notary Pub] i-u STATE OF VERMONT CHITTENDEN COUNTY, SS At . in said County and State, on this dt:ly of March, 1990, Roberta A. Kiehl. personally ,appeared and acknowleelgsd thle in8;,ru- ment, by her sealed and subscribed, to be her free aot Arid deed. Before me, rtc��w•r,i�o 9 Mi.FwuOo Al I ��khf YS 1 It, CO�LLGL GI BURufJGTQN vT 05401 n i. 0oz . I ao Notary Public City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 17, 1990 Mr. Paul Morwood 215 College Street Burlington, Vermont 05401 Re: Office conversion, 333 Dorset Street Dear Mr. Morwood: ZONING ADMINISTRATOR 658-7958 Enclosed are the 3/13/90 Planning Commission meeting minutes. Please call if you have any questions. Sincerely, ZIZ�G'UG►/� Joe Weith, City Planner 1 Encl JW/mcp PLANNING COMMISSION 13 March 1990 Page 2 2. Continue sketch plan application of Pizzigalli Investment Company for a 3-lot commercial subdivision of a 7.8 acre parcel on Hinesburg Road Mr. Bouchard presented a plan that showed the site in relation to the proposed interstate ramp. Mr. Weith suggested 2 possible alternatives to tie into the ramp. He noted that Craig Leiner has advised that an interstate ramp can't be tied into a city street but must tie into a state road. Mr. Bouchard felt the ramp could be fit into the 150 ft. setback. Mr. Weith said that Storch Engineering feels the ramp proposal is closer to the proposed buildings than the applicant shows and actually goes through at least one building. He added that he had asked Mr. Leiner about moving the ramp closer to the interstate, but Mr. Leiner felt the sight distance wouldn't allow it to be closer to the bridge. Mr. Bouchard said the ramp across the street is a lot closer to the interstate and perhaps someone could look at it and see if it's possible. Mr. Belter asked if there is someone at the State that the applicant can bring the plans to and get an opinion. He didn't feel it was the Commission's place to design a road. Mrs. Maher stressed that she would never vote to approve a building in the path of what will one day be an interchange. Mr. Bouchard noted there is only one access to the Pizzigalli property and this would make the interstate ramp and the access road very close together. He said Pizzigalli is willing to build the access road as a city road. The right of way has been deeded to the city. Mr. Weith said there is another access to the north with an irrevocable offer of dedication to the city. Mr. Bouchard said there is no way to get from that access to their property. Mrs. Maher felt there are so many unreconciled things that there couldn't be much of a discussion. She suggested the applicant talk with a state engineer. Mr. Weith noted the City Council is very concerned with the issue. Mr. Bouchard said they are willing to work with the city but they have to work within their own financial guidelines to make their project viable. He said they were willing to talk to the state as well. Mr. Weith said he wanted an engineer's opinion on how the ramp would work with the proposed access road. Mr. Burgess asked if the Commission would be willing to consider allowing some parking in the 150 ft. setback area in exchange for moving the building to accommodate the ramp. Mr. Belter said he wouldn't be opposed, but otheer members didn't favor the idea. 4. Site plan application of Paul Morwood for conversion of a 1220 sq. ft. building (including garage) to office use, 333 Dorset St. PLANNING COM"MISSION 13 March 1990 page 3 Mr. Weith said the revised plan addresses some of the Commission's concerns. Mr. Morwood said this is the second house down from Brookwood. They are showing a gravel parking area until Dorset St. is widened and the city/state will then pave it. If the city/state doesn't pave it, Mr. MOrwood said he would. He said they will probably keep the metal shed on the property for storage of lawn equipment, etc. There are 2 curb cuts serving the property. Since the city would prefer there to be only one, they have agreed to share a 20 ft. drive with Budget mobil Homes. This drive will also access the house further down the road so instead of 4 curb cuts, there will eventually be only one. Regarding screening of the adjacent property, Mrs. Maher suggested arbavitae. Mr. Morwood said he would prefer shrubs. Mr. Burgess said he would feel more comfortable if the adjacent property owner were consulted and stated a preference. The Commission felt the abandoned driveway should be grassed over. Mr. Morwood stated he is not planning to put lights in the parking lot. Mrs. Maher moved to continue the hearing until the next meeting` Mr. Belter seconded. Motion passed unanimously. 4. Site plan application of Alan Palmer for construction of a 7500 sq. ft. building for industrial/warehouse use, lot #4, Muddy Brook Mr. Weith said there are revised plans addressing some of the staff comments. Mr. Burgess said the Commission would reserve the right to make a decision after staff has a chance to review and comment, if necessary. Mr. Palmer said he had moved the building to be further from the right of way as there were too many parking spaces in the setback. Now there is more grass. Ms. Pugh said she wanted to see a handi- capped space. Mr. Palmer said they are not required to provide one but would be willing to put one next to the building. Members agreed to widen one space for a handicapped space which would cut a little into front yard green space. If other spaces are moved over a bit and one space widened, a variance would not be required. Mrs. Maher was concerned with the steep bank. Mr. Palmer said it City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 16, 1990 Mr. Pahl Morwood 215 College Street Burlington, Vermont 05401 Re: 333 Dorset Street Dear Mr. Morwood: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, March 20, 1990 at. 7:30 P.M. to represent your request. erely, 1 Joe Weit:h, City Planner Enc.1s JW1mcp MEMORANDUM! To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: March 20, 1990 agenda items Date: March 16, 1990 3) HASELTON SUBDIVISION. IMPERIAL DRIVE Plan dated December 1989 prepared by Fred Koerner is acceptable. 5) MORWOOD OFFICE BUILDING. DORSET STREET Storm drain shall be plastic laid to grade for tie into the system planned for Dorset Street. 6) J-CARE SUPPLIES INC.. LIME ROCK ROAD The plan dated August 1986 titled J-Care Supplies Inc., lot 3- Ethan Allen Farm is acceptable. 7) LAKEWOOD DEVELOPMENT, SHELBURNE ROAD 1. What was an attractive development is spoiled by squeezing another building where a lawn was originally planned. 2. The front parking spaces should be eliminated. 3. The service drive to Holmes Road is too narrow for parking and two way traffic. If it is to be used for parking it should be widened to 32 feet with curb at least on the parking side. There should also be a sidewalk to get to this parking. 4. Location of the sewer shall be at last 10 feet from the proposed building and within a 20 foot easement. No other utili- ties shall be placed within this easement. 5. Plan should show the existing sidewalk on Shelburne Road. M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: March 20, 1990 agenda items Date: March 16, 1990 3) 3-LOT SUBDIVISION. IMPERIAL DRIVE Mr. Scott Haselton proposes to adjust the boundaries of 3 exist- ing lots to create 3 new lots of 24,900 square foot, 18,400 square feet, and 13,900 square feet. Since existing lots would be enlarged by the adjustment so that they are capable of subdi- vision into more lots than before the adjustment, subdivision approval is required (Section 103, definition of subdivision, South Burlington Subdivision Regulations). The Sketch plan was reviewed on 2/6/90 (minutes enclosed). City Attorney Steve Stizel advised against approving two residen- tial structures on a lot. He said that the second structure would have to be approved as an accessory residential use. He said this precedent would probably lead to an influx of requests for accessory residential uses. I informed the applicant's representative of Steve's opinion. Ms. Hancock said they would have no problem with a stipulation prohibiting residential use of the structure. In fact., they are currently looking into having the structure taken down. The approval motion should be very clear that lot 8A is to be merged with George and Cecile Handy's lot to the north (25 Impe- rial Drive), thereby creating a 0.6 acre lot. Lot 8A is not to exist as a separate lot. 4) 3-LOT SUBDIVISION AND 8 UNIT PRD, PATCHEN ROAD This application has been properly warned. The minutes and staff reports for the improperly warned preliminary plat hearing (2/13/90) are enclosed. Also enclosed is a suggested motion for Tuesday's meeting. 5) MORWOOD, OFFICE USE, 333 DORSET STREET The adjoining property owners to the west have been notified as requested by the Planning Commission. Enclosed is a suggested motion. I 3/20/90 Jw �• •_, •, •; ••I • big) 2011MV.,421M I move the South Burlington Planning Commission approve the Site Plan application of Paul Morwood for conversion of a 1,220 square foot building (including garage) to office use as depicted on a plan entitled "Site Plan for Professional Office of Paul Morwood, 333 Dorset Street, South Burlington, Vermont," prepared by Palco Ltd., and dated 2/2/90 last revised 3/19/90 with the following stipulations: 1. G ' ar hed propgse �,�1ong the .,rear pr perty -;line hall be an : cSffeet high;' A l , 10`, 3 -ye landscaping bdr�d_ a sh 7b;e ted,�r1or to occupancy of the 'building. 2. The applicant has expressed that he fully understands that as long as the building is used for commercial purposes, the exist- ing structure will be non -conforming since it is only 56 feet from the residential district to the west (section 19.104(c) of the South Burlington Zoning Regulations). Therefore, as long as commercial uses exist within the structure, the structure and property will be subject to the provisions for non -conforming structures setforth in the Zoning Regulations. 3. The proposed storm drain pipe shall be plastic. It shall be laid to grade and tied in to the City system when the Dorset Street Project is constructed. 4. The applicant shall record the appropriate legal documents prior to occupancy of the building to ensure shared access of the drive for 333 Dorset, 337 Dorset Street and 341 Dorset Street. The legal documents shall be approved by the City Attorney prior to recording. 5. The applicant expressed that there will be no new lighting added to the site. 6. A building permit, if necessary, shall be obtained within 6 months or this approval is null and void. -�4I � 1.10 SUGGESTED MOTION FOR MORWOOD PROJECT, 333 DORSET STREET I move the South Burlington Planning Commission approve the Site Plan application of Paul Morwood for conversion of a 1,220 square foot building (including garage) to office use as depicted on a plan entitled "Site Plan for Professional Office of Paul Morwood, 333 Dorset Street, South Burlington, Vermont," prepared by Palco Ltd., and dated 2/2/90 last revised 3/11/90 with the following stipulations: 1. The plan shall be revised to show a landscaped screen along the rear property line. A 3-year bond in an amount to be deter- mined by the City Planner shall be posted prior to occupancy of the building. 2. The applicant has expressed that he fully understands that as long as the building is used for commercial purposes, the exist- ing structure will be non -conforming since it is only 56 feet from the residential district to the west (section 19.104(c) of the South Burlington Zoning Regulations). Therefore, as long as commercial uses exist within the structure, the structure and property will be subject to the provisions for non -conforming structures setforth in the Zoning Regulations. 3. The plan shall be revised prior to occupancy to show a note indicating that the existing fence and vegetation along the center of the proposed access drive are to be removed. 4. The proposed storm drain pipe shall be plastic. It shall be laid to grade and tied in to the City system when the Dorset Street Project is constructed. 5. The applicant shall record the appropriate legal documents prior to occupancy of the building to ensure shared access of the drive for 333 Dorset, 337 Dorset Street and 341 Dorset Street. The legal documents shall be approved by the City Attorney prior to recording. 6. The applicant expressed that there will be no new lighting added to the site. The plan shall be revised prior to occupancy to show the location and type of existing lighting. 7. A revised site plan addressing the stipulations above shall be submitted to the City Planner and City Engineer for approval prior to occupancy of the building. 8. A building permit, if necessary, shall be obtained within 6 months or this approval is null and void. 3/12/90 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Site Plan application of Paul Morwood for conversion of a 1,220 square foot building (including garage) to office use as depicted on a plan entitled "Site Plan for Professional Office of Paul Morwood, 333 Dorset Street, South Burlington, Vermont," prepared by Palco Ltd., and dated 2/2/90 with the following stipulations: fie. �A�r6ary �� 1. The plan shall be revised to show a(landscaped screen, along the rear property line. A 3-year bond in an amount to be deter- mined by the City Planner shall be posted prior to occupancy of pthe building. 'ih� 6c.. u �e ��,..,�.� ,� �[.d�. t� �. ham-.,fs q t4-L d ,n.,�, �► 2. The applicant has expressed that he fully understands that as long as the building is used for commercial purposes, the exist- ing structure will be non -conforming since it is only 56 feet from the residential district to the west (section 19.104(c) of the South Burlington Zoning Regulations). Therefore, as long as commercial uses exist within the structure, the structure and property will be subject to the provisions for non -conforming structures setforth in the Zoning Regulations. 3. The plan shall be revised prior to occupancy to show the following: a) A 15 foot wide buffer strip (eg, no pavement or struc- tures) along the rear property line. b) A note indicating that the existing fence and vegeta- tion along the center of the proposed access drive are to be removed. 4. A site drainage plan shall be submitted to the City Engineer for approval prior to occupancy of the building. 5. The applicant shall record the appropriate legal documents prior to occupancy of the building to ensure shared access of the drive for 333 Dorset, 337 Dorset Street and 341 Dorset Street. The legal documents shall be approved by the City Attorney prior to recording. 6. A revised site plan addressing the stipulations above shall be submitted to the City Planner and City Engineer for approval prior to occupancy of the building. 7. A building permit, if necessary, shall be obtained within 6 months or this approval is null and void. Memorandum - Planning March 13, 1990 agenda items March 9, 1990 Page 2 4) OFFICE USE, 333 DORSET STREET Paul Morwood proposes to convert a 1,220 square family home (including garage) to office use. The zoned CD 3 and is bounded on the north and south office buildings, on the west by single -residences, east by Dorset Street. foot single - property is by converted and on the Access/Circulation: The applicant proposes to close its present curb cut and share a driveway (20 feet wide) with the property to the south (this office conversion was approved on 7/11/89). The drive would straddle the property line and lead to a parking area in the rear of the building. This is consistent with the City Center Plan. The plan should not show a fence or landscaping down the middle of the access drive. The State has reviewed the shared access proposal and agreed to incorporate it into the Dorset Street plans. The applicant has submitted an access agreement which is presently being reviewed by the City Attorney. Circulation is adequate. Setbacks/Coverage: Setback requirements are met with the excep- tion of the 65 foot rear setback for commercial uses adjacent to residential zones. The building is 56 feet from the residential zone. This situation is similar to the property immediately south (337 Dorset Street). When 337 Dorset Street applied for site plan review, the Zoning Administrator ruled a variance was not required since the building was pre-existing, no expansion was being proposed, and office is a permitted use. The applicant should be aware, however, that by using this structure for com- mercial purposes, it becomes a non -conforming structure. The 15 foot buffer strip between commercial uses and residential zones is not met. Paving for the parking area is shown within 10 feet of the rear property line. The only way this could be met is if the back porch is removed and the entire parking area shifted eastward. Coverage requirements are met. Parking: 5 parking spaces are required; 6 are shown. 2 Memorandum - Planning March 13, 1990 agenda items March 9, 1990 Page 3 Density: Maximum allowable floor area ratio (F.A.R.) is 0.5. Proposed F.A.R. is 0.16. Landscaping: No landscaping is technically required since no construction is proposed. The Planning Commission may want to consider plantings or a stockade fence along the rear property line to adequately screen the parking lot from the residences to the west. Traffic: This property is located in Traffic Overlay Zone 6 which allows 8 peak hour trip ends. Based on I.T.E. data, this use would generate 3 - 4 peak hour trips. 5) LOT 4 MUDDY BROOK Alan Palmer proposes to construct a 7500 square foot building for- industrial/warehousing use. The property is zoned I-C and is bounded on the south and west by industrial/warehousing uses and on the north and east by Muddy Brook. There is a steep bank down to Muddy Brook. Setbacks/coverage: Side and rear yard setbacks are met, however, the front yard setback is not met. Required setback is 40' and the plan shows the southwest corner of the building within 31 feet of the front property line. Building and total lot C-ovt_-rago i.w m�Q+. ' hoW«,:Vs*:=' + Evr'_ nt pail-d coverage is not met. The plan shows front yard coverage well over the 30% maximum allowed (approximately 85%). Access/Circulation: The property would be accessed by a 30 foot wide drive. Circulation is along the south, west and north sides of the building and is adequate. Parking: The proposed use requires 10 parking spaces based on 1200 square feet of office space and 8 non -office employees. The plan shows 17 parking spaces including one handicapped. There is a large gravel loading zone in the rear for company vehicles. Landscaping: Required landscaping value is $3600. The plan shows new locust, white pine, maple, rhododendron, crab- apple, mugho pine, and yew. The landscape key does not indicate the proposed sizes of rhododendron, crabapple, dwarf mugho pine and yew. I assumed the following respective sizes: 18" - 14", 2 1/2" - 3" caliper (heavy transplanted tree), 18" - 24", and 2' - 2 1/2 feet. Based on the sizes listed and my assumptions, the plan meets the required value. The landscaping key should indi- cate all the proposed sizes. 3 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 9, 1990 Mr. Paul Morwood 215 College Street Burlington, Vermont 05401 Re: 333 Dorset Street Dear Mr. Morwood: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, 3/13/89 at 7:30 P.M. to represent your request. ;Z_ ra -9 Joe Weith, City Planner Encls cc: Alan Palmer JW/mcp ROSS INSURANCE SERVICE •il$ 66' R.O. IY. �F,tP4NSIW A- MkY i /Y6' E Emrw 6 1 q.e� s-�Af4CE 5 aW& CAW MORcsnpD A'333 p 4 PROPOSEO � � PALED fARYN h V t PARK/NG a /B • cr- � � AIKE p o G.JR4GE / EITS71. IG W/REFE.LC V ..77 I ��] C/LC6V FEAti'E BUDGET MOB/L ENOME S/TE PL AN FOR BROOKERS PROFESSIONAL OFFICE OF •337 P.4(/L MORGYOOD 333OCYtSET STREET SO. BL04L/NGTCN, IPERNWr VERMONT LAND SURVEYORS PAI.MER COMPANY. LID. LOT COVERnseaFGWMAT/LW `°5° ` IWSTON M B!ACO/NG /4 X SO. LIIo YERMON SCALE: I' OS�03 LAADSCAPEDAREAS 50 X scALE: hAw.'R. /ofEEr ,90LO/NG, PARKING 50 X O 1' /0' ZO' 30' 40' Jo' OUTS/OE STA4AGE DATE: fEB9YALPYI, /990 SURVEYED: JOB I DRAWN: 7J4Cl7NYLlafi'7!X 89-69 CHECKED: AMW AWRP TO: FROM: RE: DATE: 1. 2. 3. 45uutb "urlingtun Hire Department 575 743IIrnet street �vtttlt Nurlingtnn. Uermnnt a540340 �1 (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY MARCH 13 1990 AGENDA ITEMS MARCH 7,1990 ALAN PALMER PARK PLACE 1001 DORSET STREET PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME THE ONLY PROBLEM I SEE IS THE BUILDINGS ARE LESS THEN 30' APART, MICHAL DUGAN 518 SHELBURNE ROAD BEN FRANKLIN STORE PLANS REVIEWED BY THIS DEPARTMENT ON THIS PROJECT AND THE ONLY PROBLEM I SEE IS 11 PARKING -SPACES ON THE SOUTH END OF THE BUILDING NEAR THE ISLAND MUST BE TAKEN OUT TO ALLOW PROPER ACCESS FOR EMERGENCY EQUIPMENT TO SET UP IN CASE OF AN EMERGENCY. MUDDY BROOK INDUSTRIAL PARK LOT #4 PLANS REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. 4. PAUL MORWOOD 333 DORSET STREET PLANS WERE REVIEWED BY THIS DEPARTMENT AND THE ONLY PROBLEM I SEE AT THIS TIME IS THE DRIVE WAY TO THE BACK MUST BE NO LESS THEN 18' FOR A FIRE LANE TO GET EQUIPMENT IN THE BACK YARD. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: March 13, 1990 agenda items Date: March 9, 1990 4) PROFESSIONAL BUILDING. 333 DORSET STREET 1. The plan conforms with the Dorset Street widening plans and is acceptable. 2. A site drainage plan shall be submitted for review and ap- proval. 5) MUDDY BROOK INDUSTRIAL PARK, LOT NO. 4-1 WILLISTON ROAD On site sewage disposal is required for this lot. Plans of the system shall be submitted for review and approval. 6) PARK PLACE, DORSET STREET 1. The circle streets are too small and confined for maintenance and parking. A "U" shaped road would better serve this lot. 2. Sewer manholes must be accessible for mobile cleaning equip- ment. 3. The sewage pumping station of Indian Creek will need upgrad- ing to accommodate this extra flow. 4. Dorset Street frontage should include a sidewalk. 7) BEN FRANKLIN STORE, 518 SHELBURNE ROAD 1. The planting islands should be lined with concrete curbs to protect them. 2. The car wash is located on this lot. At times it is very busy with two lines of cars backed around the east side of this building. This back up may conflict with the parking along that side. i��'�"ter c�jtra•.-2 .,� �,%a � �� ��..�r-F..�.z�� .�'t/T •� .i �� T City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 February 14, 1990 Mr. Paul Morwood 215 College Street Burlington, Vermont 05401 Re: 333 Dorset Street Dear Mr. Morwood: ZONING ADMINISTRATOR 658-7958 In approving your site plan application for the above referenced project, some type of access agreement and reciprocal access easement will need to be recorded for the shared access to your property and 337 Dorset Street. Enclosed is a copy of a "Notice of Conditions of Site Plan Ap- proval" which was recorded as part of the 337 Dorset Street approval. As discussed under condition number 2, access was reserved for both 333 and 341 Dorset Street over the 337 Dorset Street property. South Burlington City Attorney, Steven Stitzel, suggested that you draft an access agreement which includes your property and the 337 Dorset Street property with a provision to allow an amendment to incorporate the 341 Dorset Street property at a later date. The Agency of Transportation has reviewed the plan and will accommodate the one curb cut into their design plans for Dorset Street. They requested, however, that a reciprocal access ease- ment be filed for both properties. Steve Stitzel will draft this easement. I will call you on Tuesday, February 20 to discuss this issue with you further. If you have any questions before then, please call Steve Stitzel at 863-4531. Sincerely, Joe Weith, City Planner JW/mcp 1) OWNER OF It CITY OF SOUTH BURLINGTON SITE PLAN APPI.IC'ATION 1) (name, address, phone 2) APnICANT ( name, address, _&Y phone n 3) CONTACT PERSON (name, address, phone #) 4).PROJECT STREET ADDRESS: 5) LOT NUMBER (if applicable) �C4M& 6) PROPOSED USE(S) L, ( C)rt-IL'.&� 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) 8) NUMBER OF EMPLOYEES 9).,LOT'�COVERAGE: building %; landscaped areas % building, parking, outside storage_, % 10) COST ESTIMATES: Buildings $ Landscaping S Other Site Improvements (please list with cost) $ 11) ESTIMATED PROJECT COMPLETION DATE: 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. 3-4 p.m. 4-5 p.m. 5-6 p.m. 6-7 p.m. 13) PEAK HOURS OF OPERAT ION : 14) PEAK DAYS OF OPERATION: DATE OF 80BMISSION SIG URE OF APP TCANT DATE OF HEARING ICA PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (8 1/2 .l' 11 OR 8 1/2 X 14) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible). Vtocation of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. existing and proposed curbcuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to of greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9' x 18') with 22 or 21 foot aisles as required. Rtimber and location of compact car spaces. (This requires separate Planning Commission approval). Number and location of handicapped spaces as required. (13 feet by 20 feet in size, one per every fifty spaces). Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parking and outside storage, and landscaped areas. Location of site (Street # and lot #). North arrow. Name of person or firm preparing site plan and date. -2- MORWOOD & MORWOOD ATIORNFYS-AT-LAW 215 COLLEGE STREET BURLINGTON. VERMONT 05401 NICHOLAS A. MORWOOO PAUL R. MORWOOD TO: STEVEN F. STITZEL-1. ESQ. FROM: Paul R. Morwood. Es DATE: FEBRUARY 27, 1990 RE: 333-337-341 DORSET ST. Enclosed please find proposed Quit Claim Deed and Shared Access Agreement. Please let me know if you desire changes, etc. PRM: fem enc. pc: Joe Weith 802-862-21 35 Paul R. Morwood, Esq. c This fax transmission consists of 5 pages including this one. Our fax number is (802) 862-5700; however, this is not a dedicated fax line; before transmitting a fax, please call (802) 862-5700 and speak with the person who answers so we can prepare for the fax transmission. It would be quicker if you called us from the phone on your fax machine if it has one. FA MORWOOD & MORWOOD ATTORNEYS 215 COLLEGE ST. BURLINGTON, VT. 05401 PH. 862-2135 QUIT CLAIM DEED FOR MUTUAL EASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT WE, PAUL R. MORWOOD and ANNE H. MORWOOD , of the City of South Burlington in the County of Chittenden and State of Vermont, and ROBERTA A. KIEHL , of the City of Burlington, County of Chittenden and State of Vermont (hereinafter referred to as Grantor), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by PAUL R. MORWOOD and ANNE H. MORWOOD , of the City of South Burlington in the County of Chittenden and State of Vermont, and ROBERTA A. KIEHL , of the City of Burlington in the County of Chittenden and State of Vermont (hereinafter referred to as Grantee), have RE- MISED, RELEASED and FOREVER QUIT CLAIMED unto the said GRANTEE, and Grantee's heirs, successors or assigns a certain easement concerning lands and premises in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz: Being a right of way 20 feet in width, more or less, extending from Dorset Street, so-called, in a westerly direction, and running 93 feet, more or less, from the westerly line of Dorset Street as said westerly line exists on this date, which right of way runs over and along the common boundary line of lands and premises now owned by Paul R. and Anne H. Morwood, commonly known and designated as 333 Dorset Street, and lands and premises now owned by Roberta A. Kiehl, commonly known and designated as 337 Dorset Street in South Burlington, Vermont. Said right of way shall be used only for pedestrian and vehicular ingress and egress to and from Dorset Street to the lands and premises of Grantee, and Grantee's heirs, successors and assigns. No person may use said right of way in a manner which would interfere with free access to Dorset Street. By way of explanation and not limitation, no person may park vehicles or allow customers, clients or employees to park vehicles, on the right of way. Necessary maintenance, snow plowing, and all other necessary expenses of caid .:. :. of way itsliall be shored equally between the parties. Grantor and Grantee recognize and agree that they, their heirs, successors and assigns, have entered into a separate Access Agreement with the City of QUIT CLAIM DEED, PAGE -1- MORWOOD & MORWOOD ATTORNEYS 215 COLLEGE ST. BURLINGTON. VT. 05401 PH. 062-2135 South Burlington Planning Commission whereby use of the right of way described above may also be deeded to the owners of 341 Dorset Street, South Burlington, Vermont. TO HAVE AND TO HOLD all right and title in and to said Quit Claimed premi- ses, with the appurtenances thereof, to the said PAUL R. MORWOOD and ANNE H. MORWOOD, and ROBERTA A. KIEHL, Grantee, and Grantee's heirs, successors and assigns forever. IN WITNESS WHEREOF, Grantor hereunto signs and seals this Quit Claim Deed this day of March, 1990. IN THE PRESENCE OF Paul R. Morwood Anne H. Morwood Roberta A. Kiehl STATE OF VERMONT CHITTENDEN COUNTY, SS At in said County and State, on this day of March, 1990, Paul R. and Anne H. Morwood personally appeared and acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. Before me, Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS At in said County and State, on this day of March, 1990, Roberta A. Kiehl personally appeared and acknowledged this instru- ment, by her sealed and subscribed, to be her free act and deed. Before me, Notary Public QUIT CLAIM DEED, PAGE -2- 4.4 we, Eo2.wonp f -PCGSS ' I�JC �j IQ VC C4,41 rt —.0 lo4i(,t.. TELEPHONE MEMO Name: J16C bl')f-llu Date: I q. Contact: Mike VAJlorJ Subject bor�.l -rf - pt..J . . .............. 5--I� ........ . ---4/, 771 10, lz AP 17le Signature