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HomeMy WebLinkAboutBATCH - Supplemental - 0000 Sugartree Lane (2)A;e VIW7f Jlof 17eoelopmenf Cop oraflon 159 PEARL STREET ESSEX JUNCTION, VERMONT 05452 (802) 879-7188 February 13, 1979 Mr. Richard Ward City of South Burlington Williston Road South Burlington, Vermont 05401 Dear Dick: Please be advised that at this time we would like to withdraw our application for a 34 unit planned residential development on 4.85 acres on Kennedy Drive. In its place we wish to submit the attached plan for a professional office park. Also find our check for $30.00 to cover cost of filing. Sincerely, Gerald 0. Milot GCM/ rb Enclosure Robert I Pe", Roadd C. Sucker PERRY P, SCIPHI UCKER Attorr cy3 at Law 1480 WILLISTON ROAD SOUTH BURLINGTON, VERIMONT 05401 F To Messrs. Claude Gagne & Gerald Milot 159 Pearl Street Essex Junction, VT A5452 DATE_ S, eptember 2 7 ,__197 9 ----------- ---_ __._.__ - Gentlemen: Enclosed please find a draft_of an Agreement between yourselves and Treetop Condominium Association foryouur-perusal. Ve tly Ronald C. Schmucker cc: fir. Steve Page City Planner South Burlington City Office mr. Kevin Kill-il-ea _ _..._ Bayberry Lane Treetop Condominiums South Burlington SIGNED FORM AVAILABLE FROM GRAYARC CO., INC. 882 THIRD AVE., B'KLYN., N. Y. 11232 SIGNED Tsleome 86345511 Ater Code 802 PERRY & SCHMUCKER ATTORNEYS AT LAW 1480 WILLISTON ROAD P. O. BOX 2323 SOUTH BURLINGTON. VERMONT 05402 AGRMQa4T This r'igreement is made this day of 1979 by and between CLAUDi.' GAGNE and GERALD MILOT, both of Essex, Count; of Chittender., hereinafter called "GAGNE-:dILOT" and TREETOP CONDOMINIUM ASSOCIATION, INC., a Vermont corporation with princi- pal offices in South Burlington, County of Chittenden, hereinafter called "TREETOP". Whereas GAGNE-MILOT are owners or a parcel of land contain- ing 4.65 acres, more or less, situateu on the northerly side of Kennedy Drive in the City of South Burlington, next adjacent westerly to. lands and premises known more commonly as Treetop Condominiums, ant: Whereas GAGNE-MILOT plan to develop said property for com- mercial use as office buildings, and whereas TRLLTOP and GAGNE- MILOT hereby agree to create a fifty (5u) - foot wide "green space corridor" extending from Pennedy :give northerly to the rear property line of the GAGNE-MILOT prol.>erty, which fifty (50)-foot wide corridor shall be contiguous to and westerly of the common GAGNE-rSIiJOT - T2& TOP boundary line, it is further aghreed as follows: 1. That the "green space corridor" shall exist for the purpose of Nroviding a buffer zone Letween the Treetop Condo- miniums and the GAGNE-MILO`.0 commercial enterprise. 2. That the mature trees now within the "green space corridor" will be protected from injury or destruction and, furthermore, that immediate efforts will be undertaken by the parties to treat any diseased trees and to bring about a healthy, attractive and durable stand of tree life within t.le corridor. 3. That the shaded area under the existing trees within the corridor will be planted with evergreens, such as, hemlock or white pine and/or some sugar maple so as to provide new growth. 4. That any construction undertaken by GAGNE-MILOT within the aforementioned property will be controlled to prohibit the travel of heavy equipment within an area closer than fifty (50) feet front airy trees within the "green space corridor". 5. That good forest management practices will control the activities of the undersigned within and concerning the "green space corridor", such as is defined by the Chittenden County Forester, and in the event the parties disagree with respect to the advice of the Chittenden County Forester, the decision of the Department of Forestry of the University of Vermont shall be the final arbiter as to the -meaning of "good forest management practices". 6. As to the maintenance of the "green space corridor" and as to the plantings required, as set forth herein, TREETOP and GAGNE-MILOT shall each sl-,,are equally in the expense therefor. As to any injury to trees within the "green space corridor" occasioned by the construction contemplated or undertaken by GAGNE-MILOT, those costs shall be borne solely by GAGNL-MILOT. 7. That no buildings, structures, construction of any kind will be permitted within the "green space corridor" nor adjacent to the "green space corridor" if in so doing trees within the corridor will be endangered by all reasonable standardE 8. it is the intention of the undersigned that either party shall have access to the remedies provided by law including injunction, money damages or otherwise, and that the successful party shall be entitled to court costs and reasonable attorneys' fees in the enforcement of this Agreement. 9. It is further agreed that this Agreement as to its terms and intent shall be binding upon the heirs, successors and assigns of the undersigned. PERRY & SCHMUCKER ATTORNEYS AT LAW 1480 WILLISTON ROAD P. O. BOX 2323 SOUTH BURLINGTON, VERMONT 05402 -2- Done at Essex, County of Chittenden and State of Vermont. Claude Gagne Gera ld Milot STATE OF VERMONT CHITTENDEN COUNTY, SS. At Essex in said County on this day of 1979, CLAUDE GAGNE and GERALD MILOT personally appeared and acknowledged the foregoing instrument, by them sealed and subscribed, to be their free act and deed. Before me Notary Public Done at South Burlington, County of Chittenden and State of Vermont. TREETOP CONDOMINIUM ASSOCIATION, INC. By Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington in said County on this day of 1979, duly authorized agent of TREETOP COND014IWIUM ASSOCIATION, INC., personally appeared and acknowledged the foregoing instrument, by sealed and subscribed, to be free act and deed and the free act and dead of TRLLTOP COADO11,41141U.14 ASSOCIATION, INC. Before me PERRY & SCHMUCKER ATTORNEYS AT LAW 1480 WILLISTON ROAD P. 0. BOX 2323 SOUTH BURLINGTON. VERMONT 05402 Notary Public -3- M E M 0 R A N D U M To: South Burlington City Council From: Richard Ward, Zoning Ad:-,tinistrator Re: Conditional use application Gagne-Milot, Kennedy Drive Date: September 7, 1978 Area located southerly of the Treetop Condominiums, contains 4.85 acres. Under 1974 regulations area zoned R-7 District. Sewer and water lines extension required from Treetop project. Proposed 34 residential units is maximum allowable. A joint curb cut is being proposed to land owned by the city. Proposal requires subdivision review by the Planning Commission and an Act 250 permit. Additional information would be required under subdivision regulations, no additional comments at this time. SOUTH :�011 INC— 1,3Cy. IC2 in acco_Cance the South FSurlincton Interimr. ---onlnc Regulations c'n(f Section Title 24, V.S.A. the South-7;urlinct7'1 City' Council will holm e public nec—: nc at the South-urlincton City Of -"ices, Conference Room, 1175 y i11i -ton Roac, South=urlincton, Ver :font on Monday September 18L1978 7:30 _p.m, to consicer (bay of week) (:no_.ir, -_nc cater ('ci-e. the follo-1:ina: I .gip ,licztion of Claude B. __Gagne and Gerald C. Milot c ai_inc a-D—roval unc=r Sect ion S _ _ Conditional uses O_ tic mouth E�urlincton In'erim, ..mac u -_o E is "or p_1- . s_on to construct thirty-four (34) residential units on a parcel of land containing four point eight (4.8) acres, located on Kennedy Drive bounded by lands of the City of South Burlington and Investors Corporation of Vermont. r2 D'­ 1icetion of R_Gordon & Jo ce Hurley e!;inc ate-- nova 1 unC e_ Sect ion - 5 ,-_, Conoitional uses o= the Sou-'Ch=z:rlinutor "antcri 7,oninc =:eculations. Tems est is for Vie_- : sion to construct a dance studio containing approximately 1800 square feet, in conjunction with six (6) res- idential units on a parcel of land containing one (1) acre, located at the north-easterly corner of Dorset Street & Interstate 189 Ramp. Richard Ward Zoning Administrative Officer September 2, 1978 1 Idle 'o CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of; a. b. Applicant S,gyyye c. Contact person , W,41-Le 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels involved as well as proposed use,�((s). / 3) Applicant's legal interest in the property (fee simple, option, etc) 4) Namesof owners of record of all contiguous properties 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. September 5, 1978 Mr. Claude B. Gagne 159 Pearl Street Essex Junction, Vermont 05452 Dear Mr. Gagne: Be advised that the South Burlington City Council will hold a public hearing at the City Hall, Conference Room, 1175 Williston Road on Monday, September 18, 1978 at 7:30 p.m. to consider your application for a conditional use on Kennedy Drive. Please plan to attend. Very truly, Richard ward Zoning Administrative Officer RWf mcg 1 Encl APPLICATION FOR CONDITIONAL USE SOUTH BURLINGTON CITY COUNCIL I hereby apply to the City Council for conditional use approval under the Interim Zoning Regulation. Property Owner �,�i9 ���c' �-s 9,�� <<"%�'•�'/� /-% Property location & description ,e�Ale!52./ .� ��'� %3o u^-'� '-D r3y Section 5 Conditional Uses I understand the regular meetings are held twice a month on Monday at 8:00 p.m. at the City Hall, Conference Room. The legal advertise- ment must appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay a fee of $30.00 which fee is to off -set the costs of advertising and the hearing. Hearing Date Signature of Appe lant ss SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Interim Zoning Regulations and Section 4447, Title 24, V.S.A. the South Burlington City Council will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on w at �0 to consider the (day of week) (month and date) (time) following: Application of seeking a°f t ' , from Section of the South Burlington Zoning Regula tion s. Reque st i s for permi s s ion to f `A I L ®' y�� B TRAFFIC OBSMVA-TIONS GAQZ - If= PROJECT KMIDY DRIVE SO. BURLINGDOTI, VER U4T Y OtA ITS T2AT7E HItJ�S(�,U1'�T PCAO DI 1'F CTlo^i _ U 1 ►'- E.C.? 1 c•� °`'7 --' 4 1 Q� tom: ►� 9 7 40- CIL; Iw / - 3,S. s t hI. O v r 1tA 4vT- `�c 41 1 v F 1''A `t' 49 -ILTAH- 10 = .I ZO TaTgt NO = 1O �/I a E.�C 1T V Vic* POAID -9AT E TI ME t,JILLIS�a�i .P--L��-p %A 1iJES-��IiCtr ¢C�Au �ITt D I } = E-_[ 'i- t oP4 7A x, - Q A ►_& 0O V I t� p 7:OT 1 1 A µ1 - F'M J % 10 ILA I vA v 1c-ra� +►J - � 9-9 CV-1T i A cti�T 1 nN• �i �n� 1 Z , j 4 t I A- 3 b -M% S /+Ael L= /0 0 1 T- Ay�F�lx� 1 S Za �f-• r-%\jjDEt-, bLl- 4 E- Y WS�M If we were to take the average rmber of peak hour trips per unit, which is .39 and consider the proposed project of 34 units, we would have 13.26 peak hour trips based on the survey data attached. LIMITIC FAMRS 1) Other than peak hour trips, which are a result of the location of the project, the off peak hour trips are limited in impact as, regardless of the residence of the people in this project, they would in many cases enter the highest density intersections to shop, eat, etc. in So. Burlington. 2) The impact of Digital upon apartment population is not yet felt and it is likely that a large number of the tenants in this project would be Toyed by Digital due to its proximity.