Loading...
HomeMy WebLinkAboutBATCH - Supplemental - 0701 Dorset StreetState of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-BW-253-0191 TDD>Voice 1.800-253-0195 Voice>TDD Rita & Adam Bortz 701 Dorset Street, Unit C-17 South Burlington, VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division III West Street Essex Junction, VT 05452-4695 Telephone: (802) 879-5656 August 25, 2005 Dear Mr. & Mrs. Bortz: Subject: Case 9AM-4-0166 & 4CO511 - Request for an exemption determination under Wastewater System and Potable Water Supply Rules, Section 1- 403(a)(4) for Unit C-17 of Ashbrook Townhouses, located off Dorset Street and referenced in Book 498 Page 200 and Book 285 Page 24 of the Land Records in the City of South Burlington, Vermont. Mr. Gary W. Lange, Esquire, filed with this office on July 16, 1999 a request for determination of Unit C-17 to qualify for limited conditional amnesty under the Wastewater System and Potable Water Supply Rules, Subchapter 4, Section 1-403(a)(4). The request by Mr. Lange was on behalf of Craig Dicken and Debra Kaiser. I do not find that this office responded to the request so this letter is to provide that determination. Based on the information submitted to the Wastewater Management Division, it appears that the above referenced property qualifies as an exempt project and no permit is required from this office for the existing three bedroom Unit C-17. If any of the following should occur in the future, the landowner shall apply for and obtain a permit: 1. The lot is subsequently subdivided; 2. There is significant modification of the potable water supply or wastewater disposal system; 3. There is a significant modification of the building or structure or use that would increase the design flows; 4. The water supply system and/or wastewater disposal system fails. In issuing this opinion we have relied entirely on the information submitted to us in the landowner's certification to make this determination, and the landowner is responsible for its accuracy. Should it be determined in the future that the facts were not as stated, this letter will not prevent the Agency from taking appropriate enforcement actions. Although not required, we recommend that this letter be recorded in the South Burlington Land Records. FOR THE WASTEWATER MANAGEMENT DIVISION Ernest Christianson Regional Engineer cc: South Burlington Planning Commission Wick & Maddocks Gary W. Lange, Esquire Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury State of Vermont Jason Norman 701 Dorset St. #12 South Burlington VT 05403 Dear Mr. Norman: Agency of Natural Resources Wastewater Management Division 111 West Street Essex Junction, VT 05452 Telephone: (802) 879-5656 April 5, 2004 Subject: Exemption Case # AM-4-0157; Footprint of Unit #12 of Certification of Compliance #4C0511 with a 2 bedroom single family residence served by municipal water and sewer located at 701 Dorset Street in the City of South Burlington, Vermont. Laws and Regulations involved for Exemptions: 10 VSA Chapter 64 and Environmental Protection Rules, Chapter 1, Subchapter 4 1-403, Exemptions for Single Family Residences on their own Individual Lots and Unimproved Lots. Based on the landowner's certification and accompanying documentation, the property described above qualifies for an exemption from the state permitting requirements of Subchapter 4 — Water Supply and Wastewater Permits as of the date of the current landowner's signature on the landowner certification form. In issuing this opinion we have relied entirely on the information submitted to us and the landowner(s) is responsible for its accuracy. Should it be determined in the future that the statements were not accurate, this letter will not prevent the Agency from taking appropriate enforcement actions. The property remains exempt provided that: 1. The water supply system and/or wastewater disposal system has not failed: 2. The lot is not subsequently subdivided: 3. There is no action taken for which a permit is required under this Subchapter or is caused to be taken after January 1, 1999: 4. There is no significant modification of the potable water supply or wastewater disposal system after January 1, 1999: and 5. If a Permit had been issued for the lot prior to January 1, 1999, then the conditions of such permit that concern any actions required to be taken after January 1, 1999 shall remain in effect. Such conditions may include ones concerning operation and maintenance, and transfer of ownership. A permit will be needed if the property no longer meets the exemption criteria listed above. Please note that although this lot may be exempt from the above referenced state permitting requirements, it may not be exempt from other state permits, municipal regulations and/or permits. We recommend that this letter be recorded in the South Burlington Land Records but that is not required. FOR THE WASTEWATER MANAGEMENT DIVISION Ernest Christianson Regional Engineer cc: South Burlington Planning Commission & Selectboard Act 250 Environmental Commission #4 Wick & Maddocks Attorneys at Law State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-2219-1 PIN: EJ99-0107 Landowner: David Stehle .c/o Kolvoord, Overton & Wilson, PC Address: 3 Main Street Essex Junction, Vermont 05452 This project, consists of subdividing the footprint of a condominium (previously approved in Certification of Compliance 4CO511 and amendments), unit #3 ( 20.3' x 28' ) utilizing municipal water and sewer services. The project is located at 701 Dorset Street - Ashbrook Park in the city of South Burlington, Vermont, and is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry - phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials rior to proceeding with this project. 2. The project shall be completed as shown on the plans which have been stamped "approved" by the Wastewater Management Division: The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 4. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. Subdivision Permit EC-4-2219-1 Page 2 5. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. 6. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. 7. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the city of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. This project has been reviewed and is approved for one, two bedroom, single family residence on the approved lot. Construction of other type of building or dwellings, including public buildings, commercial buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Wastewater Management Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. WATER SUPPLY 9. The lot is approved for water supply by the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 10. The lot is approved for wastewater disposal by the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Subdivision Permit EC-4-2219-1 Page 3 11. All conditions set forth in Certificate of Compliance Permit # 4CO511 and amendments shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont this 24th day of June, 2002. Christopher Recchia, Commissioner Department of Environmental Conservation By at* � 7r&=- illiam E. abiloski Assistant Regional Engineer c South Burlington Planning Commission & Selectboard Water Supply Division State of Vermont 14 ;r Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation June 3, 2002 David Stehle c/o Kolvoord, Overton & Wilson 3 Main Street Essex Junction VT 05452 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802)879-5656 Subject: EC-4-2219-1, Ashbrook Park -- Permit footprint of Unit #3 20.3' x 28' two bedroom single family dwelling with mun. w/s located on 701 Dorset Street in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #38743 on May 23, 2002, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. Sincerely, Irene L. oberge DEC Regional Office Coord. City of South Burlington Planning Commission TDD: 1-800-253-0191 Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury 100% Processed Chlorine Free 06i AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS i PRE -APPLICATION REVIEW RESPONSE DAT /f ,/ PENDING APPLICATION # DISTRICT TOWN i"`"`'"'yG�N PIN# A39 -0/07 OWNER OF PROJECT SITE: NAME: ADDRESS: TELEPHONE: PROJECT: w&riG AA�L Af4L616ANT-i9�RR/ REPRESENTATIVE: NAME: Yo &Vx" , Qyaau ADDRESS: ji7al- TELEPHONE: &7}) Based on information provided by &14COW0A/ received on a project was reviewed on a tract/tracts of land of L/ acres, located on IA,ldd Ire? The project is generally described as:. f�n�!rf /tiVdl- eiAII— 0/- OF 4ev' JO'-1 LliUr> W3 (10 /A o7ffr) i Mua//c A1;-r_ 44n_g-- Awd SE2OM- Prior Permits From This Office: 4C 05-1 / E,-'(/- W ;? /9 or' �_ -?- � PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC` 6007(C)). Commercial, residential or municipal project? F'P� Has the landowner subdivided before? When/w ere/# of lots AN ACT 250 PERMIT IS REQUIRED: YES NO; Copies sent to Statutory Parties: YES NO COMMENTS: \ 1 ENVIRONMENTAL COMMISSION DISTRICTS #4,6 &9 111 WEST STREET ESSEX JUNCTION, VT 05452 SIGNATURE: S�a� DATE: fo Z _ ADDRESS: District Coordinator Telephone: (802)879-5614 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVA REQUIRED ✓ YES NO Water Supply & Wastewater Disposal ✓ Subdivision &OF FEXee tier �7/) Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park Floor Drai s (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: �iUi.4M ,6r�sKl �79-52'�0 AGENCY OF NATURAL RESOURCES DEPT. OF ENVIRONMENTAL SIGNNATURE: m DATE: ADDRESS: CONSERVATION Environmental Assistance Division, Permit ,Spe^cia ist Telephone: (802)879-5676 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION, VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION BY THE PERMIT SPECIALIST REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: Discharge Permit; pretreatment permits; industrial, municipal Underground Injection Wells (UIC) (241-4455) Indirect Discharge Permit Residuals management (sludge disposal) (241-4455) OVER OTHER PERMITS AND REVIEWS YOU MAY NEED: (Continued) 4. AIR POLLUTION CONTROL DIVISION, ANR (888 520-4879) Contact: Construction/modification of source Open Burning Wood Chip Burners (z90HP) Furnace Boiler Conversio..A.- alla6o. Industrial Process Air Emissions Diesel Engines (� 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400)(800 823-6500 in VT) Contact: New Hydrants >500' of Waterline Construction Community Water System (CWS) Bottled Water Transient Non -Community Water System (TNC) Capacity Review for Non -Transient Non -Community Water System (NTNC) 6. WATER QUALITY DIVISION, ANR Contact: River Management (241-3770) Stormwater Permits (state and federal, UIC) (241-3770) Shoreland Encroachment (241-3777) Aquatic Nuisance Control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate (241-3770) Stream Alteration (241-3757) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Notification of Regulated Waste Activity (241-3888) Underground Storage Tanks (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Asbestos Disposal (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) Composting Facilities (241-3444) Waste oil burning (241-3888) Used septic system components/stone 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 MUNICIPAL COMPLIANCE ASSISTANCE PROGRAM Contact: John Daly 802-241-3471 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage Program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# 879-2300 Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (800 649-2642) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2053) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2710) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. PUBLIC SERVICE DEPARTMENT Energy Efficiency Division(800-642-3281 in VT;802-828-4056)_VT Building Energy Standards 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste �,�>LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS,8 Carmichael Street, Suite 205, Essex Jct, VT 05452 (802)872-2893 24. OTHER: PRS REV. 5/02 _Sections #3424 above have been completed by the Permit Specialist: Date: State of Vermont Department of Fish and Wildlife Department of Forests. Parks and Recreation Department of Environmental Conservation May 14, 2002 David Stehle c/o Kolvoord, Overton & Wilson, PC 3 Main Street Essex Junction, VT 05452 Dear Applicant: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802) 879-5656 Subject: Application for permit for Subdivision Permit for Unit #3 located off 701 Dorset Street, Ashbrook Park, South Burlington, Vermont. We have reviewed the application materials and have completed the "application completeness checklist." Unfortunately, we were unable to log your application in because there was missing or incomplete information in the application materials. Enclosed are copies of the application form you submitted, as well as the "application completeness checklist" with the missing or incomplete items noted. If you have questions or are unsure what is needed to complete the application package, please contact me. We will hold your application materials. Once you have the missing or incomplete information, please send the materials to this office along with the enclosed copies. Once we have determined that the application materials are complete, the application will be accepted and will be assigned to one of the engineers to be reviewed. Sincerely, Irene . oberge DEC Regional Office Coordinator Enclosure -copy of application form and checklist copies: South Burlington TDD: 1-800-253-0191 100% Processed Chlorine Free Regional Offices - Barre'Essex Jct;Pittsford/Rutland/Spring field'St. Johnsbury AGENCY OF - ATUR-AL RESOURCES DEPARTIMENT OF EN`'IRONMENTAL CONSERVATION NVASTE«'ATER `IANAGEIIENT DIVISION PER -MIT APPLICATION COMPLETENESS CHECKLIST Landowner: :e�_Sa"2 h� - -- Town --)al Checklist codes: "✓" = item submitted; "O" = item missing; "NA" = item not applicable �- l. Application form 14. Property access signature 2. Design flow Appropriate fee S 1 `?�..� ✓4. Signed check 39—?�f3 5.Po%ver of attorney (letter of assignment) --Z 6. Book.` ) (.andnnPage ✓7. Town /8. Road name �9. Project description 10. Water quality test 11. Municipal sewer approval 12. Municipal water approval 13. Easements for off -lot system Description of Project Application incomplete for the following items: 1. U 15. Location map 16. Two copies of legible plans, including property lines with dimensions, scale and' title box (title, date, sheet =`) 17. All applicable signatures including consultant stamp/signature on plans. 18. Prior pennits (list numbers) � 19. Compliance with other permits (list of prior permits) 20. Date of construction and uses of any existing buildings involved with the project. 21. Other 4. completed by Date S: Appcheck.doc - Application Log -in checklist form - April 9, 2002 STATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WASTEWATER MANAGEMENT DIVISION (For Office Use Only) Permit# PIN Comp Appl Rec'd Fee Rec'd S Check # APPLICATION FOR SUBDIVISION PERMIT Pursuant to Chapter 1 Subchapter 3 of the Environmental Protection Rules PART I Please print clearly or type your responses. A. LANDOWNER NAME: David Stehle Please list the names ass own on the deed. IJ multiple landowners, please prove e a separate sheet sting each landowner, mailing address and signature. MAILING ADDRESS: c/o Kolvoord, Overton & Wilson, PC 3 Main Street Please provide the complete address, inc u ing street or P. U. Box or rural route number. Essex Junction VT 05452 802-878-3346 own or city State Zip code Phone B. CO -APPLICANT NAME: Please list the name(s) 9J the co-app icaict, i appropriate. co-app scant we receive copies o all correspondence regarding the application and permit. MAILING ADDRESS: Please provide the complete a ress, including street or P. U. Box or rural route number. own or city State Zip code Phone# CONTACT PERSON: If this application is Peing submitted y a business, please give its the name oJ a contact person within the organization, in case we have questions or need more information. C. CONSULTANT NAME: MAILING ADDRESS: Please provide the complete address, including street or P.O. box or rural route number Own Or city State Zip code One D. PROJECT DESCRIPTION 1. Does this project involve a failed water or wastewater system? Yes No X 2. Location of project: Enclose a portion of a United States Geological Survey (USGS) Map, town highway map, or accurate site location map showing the subdivision. 3. Town South Burlington Road 701 Dorset St. - Ashbrook Park 4. Number of Lots Size of Lots 16' x 24' -(see attached site plan - Unit 3) Please identify the lot(s) by number or letter and indicate the si_e of the lot in acres or square feet . SiiLwi, i.won applicarron Jo/ in- l:''S,'00 5. Book(s) 516 Page(s) 2 6 3 Property Tax Map No. (if available) Please specify the book and page the ee or this property is recorded in the city or town rnd records. 6. How much land will remain adjacent to the subdivision being applied for? (do not include land across a public highway from the lot or under separate deed.) If less than 10 acres, is the remaining lot improved? Yes No With what structure 7. Are any of the lots exempt? Yes No If yes, explain: Note: eit er propose lot or remaining land is improve fth a primary singe family residence, or a pu lic buildingg with sewage flows less than 300 gallons per day, and was under construction prior to March 5, I973, the lots may qualify for an exemption per section 1-304 of the Environmental Protection Rules. 8. Please describe the purpose of this application. Please check all that apply. a. crate new lots d. increase the number of bedrooms b. revise existing lot lines e. approve as -built locations or design C. revise well or septic system location f. X other (annroval for subdivision of la a ben at town ou e (Unit 3 As��r o� Park) Detailed rolecc�escrtpion:hPleasescrie the proposed use opt hegiuitdino, including the. number ofseats (if a restaurant), number of living units and bedrooms (f residential), number of employees. If a conversion of a building is proposed, please provide prior uses as well as proposed use. f a project or development name please include this with the description. 9. Prior permits: 4C0511 4C0511-A 4C0511-B 4C0511-1 4C0511-2 4CO511-3 Please list all previous permits issited on the same tract of land, such as Land Use Permit, Public Building Permit, Subdivision Permit, Water Supply d Wastewater Disposal Permit, Certificate of Compliance, Deferral of Permit, or Act 250 Permits. 10. Description of water system: Please check all that apply. a. bedrock well, shallow well/spring (less than 30' deep), non bedrock deep well or surface water (name of reservoir, lake or river) ---------------------------------------------- b. individual water supply system or shared water supply system lots buildings (Please provide the number of lots/buildings served by the writer supply system.) c. X public community or municipal water supply system. (South Burlington) d. an existing water supply system, or a proposed water supply system Subdivision application form-li?J'i00 11. Type of Wastewater System Proposed: a. Septic tank system; on -site, or off -site. b. Connection to a non -municipal community disposal system. C. X Connection to municipal system. (South Burlington) d. Connection to Indirect Discharge System. e. an existing wastewater disposal system f. a proposed wastewater disposal system. Note: If 10 b, c, or d is checked, please include the name of the municipality or owner and a letter from the person authorized by the municipality or community wastewater disposal system entity approving the connection and allocation of sewage. Name 12. Basis of design flows for project: ffthe design ows for the project arefrom more than one type of use, please provide a breakdown of the designflows; such as number of bedrooms per unit, number of employees, number of seats in restaurant, to tltration for new sewer extensions etc. If you are utilizing a 10% reduction in water or wastewater flows for low flow fixtures, you mast state that. If you are utilizing a 20% reduction in wastewater flows for municipal sewer service, you must state that, also. Breakdown of design flows: Number of gallons of water required per day: Please refer to the Water Supply Rule - Chapter 21, Appendix A, Table, Unitized Average Dav Flows Existing flows: Increase in flow: Total Design Flows - Water: Number of gallons of wastewater generated per day: Please refer to the Environmental Protection Rules, chapter 1, Small Scale Wastewater Treatment and Disposal Rules, Appendix I- 7A, Flow Quantities. Existing flows: Increase in flow: Total Design Flows- Wastewater: 13. Easement Information: If the water supply or wastewater dis osal system (including any water or sewer line) is located on land owned by others, or crosses land powned yby others, please subillit a copy of the signed easement agreement. 14. Is any ortion of the property in or near a wetlands or is there a wet area on the ropert ? es X no. Wetlands, and sometimes a buffer around the wetland, are prof etetl by e era animate laws. Where known and applicable, please show wetlands on the site plans. Contact the wetlands program at (802) 241-3 710for further information. 15. Act 250: Number of lots (of any size) created by applicant/landowner within a five mile radius of this subdivision or within the environmental district within the last five years? Will any roads have to be constructed to give access to or within this subdivision? (if applicant/landowner has created more than 10 lots or answers " es" to the second question, you must obtain a project review sheet regarding Act 250 jurisdiction from the District Coordinator before submitting this application.) E. Application fee: $175.00 A fee of $175.00 per each lot is required. If you are revising a previously approved lot, Mien a $60.00 amendment fee would be appropriate. Please make the check payable to STATE OF VERMONT. Municipalities are exempt from Subdivision Application fee requirements. Subdtttsion application%orni-l 'S 00 F. SIGNATURES/ACKNOWLEDGMENTS 1. In order to insure compliance with the requirements of the regulations administered by the Department of Environmental Conservation, it may be necessary to visit the property to be permitted. Since this would involve a Department employee entering private property, we request your approval to do so. If we do visit your property, c'o you have any special instructions? No 2. As landowner of the property for which I am requesting a permit from the Department of Environmental Conservation, I understand that by signing this application I am granting permission for Department employees to enter the property, during normal working hours, to insure compliance of the property with the applicable rules of the Department. U I understand that I am not allowed to commence any site work or construction on this project without written approval from the Department of Environmental Conservation. an ownersName (printed) Signature Date (as shown onDeed) If there is more than o�:e landowi:er, a�td there is not room to fit the information: on t/ris form, please provide an additional sheet with the names, mailing addresses, scg�:atures and dates. If ara attorne signs for tl:e landowner(s), please submit a copy of the authorization document that grants the Power of Attorney specific to land traitsactions. Subdmuioii ctpplicarioti form-! ^_ &'00 AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) oJel, PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS i PRE -APPLICATION REVIEW RESPONSE DATE n / PENDING APPLICATION # EZ'- Q-,2 DISTRICT `/ TOWN JearN �t,�L/nlcrysJ PIN # Z.T9 - 0/07 OWNER OF PROJECT SITE: NAME: 4RI5 661 ADDRESS: teNllr d-9, 170! 1!k4se> VT OSl/o/ TELEPHONE: ov)) 9.95% 94c,7 APPLICANT OR REPRESENTATIVE: NAME:_ ADDRESS: TELEPHONE: Based on information provided by AVIt1CN V't/ received on ?hFI -C a project was reviewed on a tract/tracts of land of / acres, located on —ram The project is generally described as: &,'o r li�np�l,�'r 0,0r- "AH/'ua i4 J'h&K- " Prior Permits From This Office: PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal proje t? / 40,-;"f . Length of new improved road(s) A, �- Has the landowner subdivided before? A,1A When/where/# of lots K 1 dr— AN ACT 250 PERMIT IS REQUIRED: YES _>(_NO; Copies sent to Statutory Parties: YES _>( _NO COMMENTS: f '� � J� �� ENVIRONMENTAL COMMISSION /V# DISTRICTS #4,6 &9 P) .4- �G� 111 WEST STREET ESSEX JUNCTION, VT 05452 SIGNATURE: ZTitaG(,� (�_l d;d��_ DATE: P 2,31M ADDRESS: Dis ct Coordinator Telephone: (802)879-5614 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED ✓YES NO Water Supply & Wastewater Disposal 7 Subdivision Deferral of Subdivision Tent/Travel Trailer Campground`Mobile Home Park Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: Gy11'64' biu"awl 44-ta SIGN TURE: h12- Environmental Assistance Division Wastewater Management Division DATE: Y�3 �ADDRESS Telephone: (802)879-5676 Telephone: (802)879-5656 AGENCY OF NATURAL RESOURCES DEPT. OF ENVIRONMENTAL CONSERVATION 111 WEST STREET ESSEX JUNCTION, VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION BY THE PERMIT SPECIALIST REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: Discharge Permit; pretreatment permits; industrial, municipal Stormwater permits (state and federal, UIC) Indirect discharge permit Residuals management sludge disposal OVER OTHER PERMITS AND REVIEWS YOU MAY NEED: (Continued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Wood Fired Units (>_90HP) Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines L 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Well head protection areas Construction Permit, water system improvements Contact: Bottled Water Permit to operate New Hydrants New Source 6. WATER QUALITY DIVISION, ANR Contact: Hydroelectric Projects (241-3770) Use of chemicals in State waters (241-3777) Shoreland encroachment (241-3777) Aquatic nuisance control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate; (241-3770) Stream Alteration (751-0129) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous waste treatment, storage, disposal facility certificate (241-3888) Underground Storage Tanks (241-3888) Hazardous waste handler notification requirement (241-3888) Asbestos Disposal (241-3444) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Composting Facilities (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) HW transporter certificate (241-3888) Waste oil burning (241-3888) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Sprinkler Systems Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (241-2158) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2067) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2760) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. DEPARTMENT OF PUBLIC SERVICE (800-642-3281) VT Residential Building Energy Standards (See Enclosure) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3226) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste QW LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) 25. OTHER: REVISION DATE: Form Date 11/97 Rev. 6/99 a State of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office Department of Fish and Wildlife 111 West Street Department of Forests, Parks and Recreation Essex Junction, VT 05452 Department of Environmental Conservation (802) 879-5656 June 14, 2000 David H. & Pauline Quesnel Jacquelynn Codding 701 Dorset Street, Unit 11 South Burlington VT 05403 Subject: AM-4-0049, Ashbrook Townhouses -- Unit 11 two bedroom single family dwelling previousl permitted under 4CO511 & Amendments, with municipal water & sewer 300 gpd. located on Dorset Street in South Burlington, Vermont LAWS/REGULATIONS INVOLVED FOR LIMITED CONDITIONAL AMNESTY: 18 VSA Section 1218(d) and Environmental Protection Rules, Chapter 1, Subchapter 3,Suudivisions Dear Applicant: Based on the landowner's certification and accompanying documentation, the property described above qualifies for limited conditional amnesty from the state subdivision permitting requirements as of the date of the current landowner's signature on the form. In issuing this opinion we have relied entirely on the information submitted to us, and the landowner is responsible for its accuracy. If it is determined in the future that the statements were not accurate, this letter will not prevent the Agency from taking appropriate enforcement actions. The property remains exempt provided that: 1. The wastewater disposal system has not failed: 2. The lot is not subsequently subdivided: 3. There is no significant modification of the building or structure after January 1, 1999 that would increase the design flows, such as adding a bedroom: 4. There is no significant modification of the potable water supply or wastewater disposal system after January 1, 1999: and 5. If a Subdivision Permit had been issued for the lot prior to January 1, 1999, the conditions of such permit concerning actions required to be taken after January 1, 1999 shall remain in effect. Such conditions may include ones concerning operation and maintenance, and transfer of ownership. A permit will be needed if the property no longer meets the exemption criteria listed above. Please note that although this lot may be exempt from state subdivision permitting requirements, it may not be exempt from other state permits, municipal regulations and/or permits. We recommend that this letter be recorded in the South Burlington band Records although it is not required. Sincerely, Ernest P. Christianson Regional Engineer City of South Burlington Planning Commission Beth Demas, Esq. TDD: 1-800-253-0191 100% Processed Chlorine Free Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS — PRE -APPLICATION REVIEW RESPONSE DATE r PENDING APPLICATION # �� �/- DISTRICT /f TOWNrt�i�fu�12�6R'� PIN # c�J99- 0/07 OWNER OF PROJECT SITE: j //�� / NAME: UreG'rw z!R zr— c/ 4/ 1, aG'r tocy-I, G . ADDRESS: a,33 �d25i '57" 4rNuettniGrn�� 'i 616)1a3 TELEPHONE:Oz') APPLICANT OR REPRESENTATIVE: NAME: ADDRESS: TELEPHONE: Based on information provided by i�LiCvi.?C.L1 received on '%%GI?9 a project was reviewed on a tract/tracts of land of < / acres, located on The project is generally described as: Al-)&'l /' r-'xi'j J/'-^ 4(A)i )' �'"� (/G'X ,f $ ' %WCeZ ) W nt irl�EV/dUSLI� /�/?1ZllLG�1 d ,�eV P)6t( 7VUeW1A4i&(' , li-IUAlr'c1P/t't i*21Z A.rlD ' '/�Srfbwo;L Prior Permits From This Office: 4661 1/ & I/-oi1/d y PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal project? Length of new/improved road(s) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: X_YES NO; Copies sent to Statutory Parties: YES NO COMMENTS: T+4&-A &v�»-G- urn`, rQAuO-Zf --, aMt n , a�ho( ivtewk a G �UPW ENVIRONMENTAL COMMISSION 4coEl 1, � d�-�{� ,�}N���,��J'Ayi�. E--p� ,��Q,gtip, DISTRICTS #4,6 &9 Na 4,a er -L&" " real rt 111 WEST STREET ESSEX JUNCTION, VT 05452 SIGNATURE: DATE: /9 ADDRESS: trict Coor ' ato�r Telephone: (802)879-5614 ,WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED ✓ YES NO Water Supply & Wastewater Disposal ✓ Subdivision &1er-E�ion Deferral of Subdivision Tent/Travel Trailer CampgroundM.��bile Home Park Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: �(IJ�ur/iy i4 51C.J5y-/ AGENCY OF NATURAL RESOURCES ' DEPT. OF ENVIRONMENTAL SIGNATURE: c�ct DATE: % 1 9� ADDRESS: CONSERVATION J Environmental Assistance Division Telephone: (02 879-5676 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION, VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION BY THE PERMIT SPECIALIST REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: Discharge Permit; pretreatment permits; industrial, municipal Stormwater permits (state and federal, UIC) Indirect discharge permit Residuals management sludge disposal OVER OTHER PERMITS AND REVIEWS YOU MAY NEED: (Continued) AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: _ Construction/modification of source Open Burning Wood Fired Units (z90HP) Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines L 200 bHP) WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: Well head protection areas Bottled Water New Hydrants Construction Permit, water system improvements Permit to operate New Source WATER QUALITY DIVISION, ANR Contact: Hydroelectric Projects (241-3770) Use of chemicals in State waters(241-3777) Shoreland encroachment (241-3777) Aquatic nuisance control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate; (241-3770) Stream Alteration (751-0129) Water Withdrawal (241-3770) WASTE MANAGEMENT DIVISION, ANR Contact: _ _ Hazardous waste treatment, storage, disposal facility certificate (241-3888) _ Hazardous waste handler notification requirement (241-3888) _ Lined landfills; transfer stations, recycling facilities, drop off (241-3444) _ Disposal of inert waste, untreated wood & stumps (241-3444) Waste oil burning (241-3888) Underground Storage Tanks (241-3888) Asbestos Disposal (241-3444) Composting Facilities (241-3444) HW transporter certificate (241-3888) FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) POLLUTION PREVENTION HOTLINE (1-800-974-9559) RECYCLING HOTLINE (1-800-932-7100) SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Contact: Contact: Judy Mirro 802-241-3745 0. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 1. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Sprinkler Systems Storage of flammable liquids, explosives LP Gss Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 2. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 3. AGENCY OF HUMAN SERVICES Child care facilities (241-2158) Nursing Homes (241-2345) Contact: Residential care homes (241-2345) (Dept. of Aging & Disabilities) Therapeutic Community Residence (241-2345) 4. AGENCY OF TRANSPORTATION Contact: Access to state highways (residentiai, commercial) (828-2653) Junkyards (828-2067) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2760) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 5. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 3. DEPARTMENT OF PUBLIC SERVICE (800-642-3281) VT Residential Building Energy Standards (See Enclosure) 7. DIVISION FOR HISTORIC PRESERVATION (802-828-3226) Historic buildings Archeological sites 3. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 3. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) ]. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) 1. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste 1 LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 3. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) 3. OTHER: REVISION DATE: Form Date 11/97 Rev. 6199 h State of Vermont i SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-2252-1 PIN: EJ99-0107 Landowner: Dorothy Linder c/o Paul Morwood, Esq. Address: 333 Dorset Street So. Burlington, VT 05403 This project, consists of subdividing the foot print (16' x 28") for a condominium - unit B-7 (previously approved in Certification of Compliance 4C0511 and amendments), serviced by municipal water and sewer. The project is located off Dorset Street in the city of South Burlington, Vermont, and is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry - phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 603- /220, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by Krebs & Lansing Consulting Engineers, Inc., which have been stamped "approved" by the Wastewater Management Division: "Ashbrook Park"; Horizontal Layout & Control; Dated Sept, 1982. 3. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 4. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. Subdivision Permit EC-4-2252-1 Page 2 5. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. 6. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. 7. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the city of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. WATER SUPPLY 8. The lot is approved for water supply by the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. Subdivision Permit EC-4-2252-1 Page 3 WASTEWATER DISPOSAL 9. The lot is approved for wastewater disposal by the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 10. All conditions set forth in Certificate of Compliance Permit # 4C0511 and amendments shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont this 27th day of July, 1999. c Canute E. Dalmasse, Commissioner Department of Environmental Conservation By /� William E. iloski Assistant Regional Engineer South Burlington Planning Commission & Selectboard Water Supply Division Krebs & Lansing Consulting Engineers, Inc. Act 250 Coordinator - James Boyd KREBS & LANSING Consulting Engineers, Inc, 10 Main Street Colchester, VT 05446 Telephone (802) 878-0375 August 12, 1999 Ms. Margaret Picard South Burlington City Clerk 575 Dorset Street South Burlington, Vermont 05403 Dear Peg, While researching the land records in South Burlington, I observed a plat filed in Volume 200 Page 24, entitled Ashbrook Park - Horizontal Layout and Control. While that plat has our title block on it, the copy that is recorded was not produced or issued by our office. There are unauthorized alterations to our plat and therefore it is not valid as far as we are concerned. If there is a formal process to alert searchers of this unauthorized activity, please let me know. Very truly yours, Robert C. Krebs RCK/dcw cc: Ray Belair Ying Liu 81ld2- plat dte rgrancy PLANNING COMMISSION 22 JUNE 1999 2. Consent Agenda: a) Design review request of Anchorage Inn to replace an existing 40 square foot freestanding sign with a new 32 square foot freestanding sign, 108 Dorset Street b) Design review request of Donny's Pizza to replace an existing wall sign (on awning) with a new wall sign (on awning), 364 Dorset Street. No issues were raised on either item. Mr. Dinklage moved to approve the two consent agenda items subiect to the conditions in the Director of Planning & Zoning's memorandum of 18 June 1999. Ms. Quimby seconded Motion passed unanimously_ 3. Sketch plan application of Ashbrook Park Homeowners Association to amend a previously approved 17 unit planned unit development consisting of three buildings. The amendment consists of creating separate lots under the footprint of each unit, 701 Dorset Street: Mr. Morwood explained that the project was approved in the 1980's. The developer made a mistake and got approval for a condominium project and then conveyed the units as town houses. The issue was never raised until about a month ago. Mr. Belair said there is no problem doing this. It has been done several times before. Members agreed to go straight to final plat. 4. Public Hearing: Preliminary plat application of Windjammer Hospitality Group/Evelyn Lamplough to subdivide a 54.4 acre parcel with a hotel/restaurant use, into two lots of 52.9 acres and 1.5 acres, 1076 Williston Road: Mr. Knudsen said the application is identical to the one seen at sketch plan review. No development is proposed. The purpose of the subdivision is to isolate a piece of property that is encumbered by a right of first refusal. The outstanding issue is frontage on Williston Road. Lot 2 would have only 50 feet of frontage on that road, and the City Attorney says this is not in compliance with the Ordinance as 200 feet is that requirement. The applicant said they will dispute this as there is 200 feet of frontage on Patchen Road, and they feel this meets the requirement. 0a CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 19, 1999 Paul R. Morwood, Esquire 333 Dorset Street South Burlington, VT 05403 Re: Ash Brook Park Dear Mr. Morwood: Enclosed is a copy of the September 21, 1999 Development Review minutes. If you have any questions, please give me a call. Sincerely, Raymond I. Belair, Administrative Officer RIB/mcp 1 Encl ,Syy to , 9 ay �1 _ilo2 / Notes:• 1. fie bupdhg locations shown on thls plan are as located &WW9, Judy, 1999. 2 Dlstanese from b0dhp comere to property /Ares are measured from fhs outside of the trio boords at the fist floor lsue! A// d/stancow are calculated peryendkulor to the property lbnes .X Dratonces for building complex 2 one measured ham fire second floor om-hang to the prgperty line Sbuth of the &ddhg. 4. This b not a boundary sue ex PreHous survey wok was completed In 1981 for MAP p%8at and has not been updated. 5 fiis plan Is solely to locate the exls&7g burldhgs and fheh re✓otknsbp to proparty /Ines N/F Chostenoy tO hydrant00 { 9129' s I10a I 1 s i 5; 4 3 ; 2 1 t B.Aging Comb 1 I 1 I I I '�_ Pcrgy 2718' I I 1 11 I 10 I g I Byildtng 6?omplex12 B I � 1 N/F Fahey _._►'--_.__N78�5H, I 150.00' " ---- 1 I I I I WI 0 � � NI I Location Mao n. t S. Mon References 1. Hationtol loyout and Control - Ashbrook Pak tblume 200 Page 21S 2. Property the and Boundary Slrney - Aeh5roo4 Pak by Krebs and lanshg 91196J, Volume 197 Page 17. .x Property Lhe ond Boondwy SLney - AsWook Pork by Krebs and Lonahg roHsed �f»uory !f IM4 Volume 197 Page 2.1 4. Ashbrook Pak - We Pion by &* Do4 Architect June 6, 1981, rr�^ Volume 17J Pops 40 v) ff�•' O F? E"C E I VC--- AUG 1 8 1999 City of So. Burlington 0' 20' 40, 80' 120' Bar Scale 1" - 20' DEVELOPMENT REVIEW BOARD 21 SEPTEMBER 1999 Mr. Chamberland moved to approve the Consent Agenda subject to the conditions in Ray Belair's memorandum dated 17 September 1999. Ms. Quimby seconded. Motion passed unanimously. 3. Public hearing: Final Plat Application of Lark -Inns, LLP, Inc., to amend a planned unit development consisting of a 200 room hotel, 60 room hotel, restaurant, and a 3-unit multi -family dwelling, 1720 Shelburne Rd. The amendment consists of removing the previously approved sewer allocation for the 60-room hotel and 3-unit multi -family dwelling: Mr. Nedde reviewed the history of the project. The PL D has 43,174 gpd allocation, and. Mr. Larkin has spend $107,935 in sewer fees. They are asking to use the allocation based on peak month use of 25,820 gpd, and to remove the previously granted allocation of 3,773 gpd and apply the excess allocation to the new hotel and 3-unit multi -family dwelling. Mr. Belair said staff has no problem with this. He also noted it is unusual to have this much excess. Mr. Farley moved that the Development Review Board approve the final plat application of Lark -Inns LLP, Inc., to amend a planned unit development consisting of a 200 room hotel, 60 room hotel, restaurant, and a three unit multi -family dwelling, 1720 Shelburne Road. The amendment consists of removing the previously approved sewer allocation for the 60 room hotel and three unit multi- family dwelling, subject to the following stipulations: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. The previously approved sewer allocation of 6020 gpd is hereby removed. The applicant shall be allowed to apply 6020 of the excess allocation previously granted to the applicant for a 200 room hotel and existing restaurant located on this property. Ms. Quimby seconded. Motion passed unanimously. 4. Public Hearing: Final Plat Application of Ashbrook Park Homeowners Association to amend a previously approved 17 unit planned unit development consisting of 3 buildings. The amendment consists of creating separate lots under the footprint of each unit, 701 Dorset Street: PA DEVELOPMENT REVIEW BOARD 21 SEPTEMBER 1999 Mr. Morwood explained that the development was approved for condominiums, but the deeds were written for town houses. It took 15 years to discover this. The difference is that with town houses, the owner owns the land under the building, but with condos the owner owns only the unit. Mr. Belair said staff had no problem with the request. Ms. Quimby moved the Development Review Board approve the final plat application of Ashbrook Park Homeowners Association to amend a previously approved 17 unit planned unit development consisting of three buildings. The amendment consists of creating separate lots under the footpring of each unit, 701 Dorset Street, as depicted on a plan entitled "Building Locations Ashbrook Park Dorset Street South Burlington, Vermont: prepared by Krebs & Lansing Consulting Engineers, Inc., dated August 16, 1999 with the following stipulations: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. Prior to recording the final plat plan, the applicant shall record a "Notice of Conditions," approved by the City Attorney, which states that for zoning and subdivision purposes all the footprint lots and the common land lot shall be treated as one lot. 3. Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 4. The final plat plan shall be recorded in the South Burlington land records within 90 days or this approval is null and void. The Development Review Board Chair or Clerk shall sign the plat plan prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning & Zoning. Mr. Chamberland seconded. Motion passed unanimously. The applicant for Agenda Item #5 was not present, so this item was moved to the end of the agenda. 5. Public Hearing: Application of Munson Earth -Moving Corporation seeking conditional use approval from Section 26.05, Conditional Uses and Section 26.65, Multiple Structures and uses on Lots, of the South Burlington CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 14, 1999 Paul R. Morewood 333 Dorset Street South Burlington, VT 05403 Re: 17 Unit Planned Unit Development, 701 Dorset Street Dear Mr. Morewood: Enclosed is a copy of the above Findings of Fact and Decision on the above referenced project approved by the Development Review Board on September 21, 1999. Please note the conditions of approval. If you have any questions, please give me a call. Ray Belair Zoning Administrator CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 17, 1999 Paul R. Morwood, Esquire 333 Dorset Street South Burlington, Vermont 05403 Re: Footprint Lots, Ashbrook Park, 701 Dorset Street Dear Mr. Morwood: Enclosed is the agenda for next Tuesday's Development Review Board meeting and comments from City Engineer Bill Szymanski and myself. Please be sure someone is present on Tuesday, September 21, 1999 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincere!-y, ,/ L Raymond ]. Belair, Administrative Officer RJB/mcp Encls CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 28, 1999 Paul R. Morwood 333 Dorset Street South Burlington, Vermont 05403 Re: 17 Unit Planned Unit Development, 701 Dorset Street Dear Mr. Morwood: Enclosed is a copy of the June 22, 1999 Planning Commission meeting minutes. If you have any questions, please give me a call. C erely, vwvl.� Joe W ith, Director Planning & Zoning JW/mcp I Encl STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE (`ALSO ADMITTED IN N.Y.) STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICEn DD) FAX (802) 660-2552 E-MAHJIRM2555 FIRMSPF.COM) WRITER'S E-MAIL (TEUSTACE a IRMSPF.COM) October 5, 1999 Paul R. Morwood, Esq. Morwood & Morwood 333 Dorset Street South Burlington, VT 05403-6210 Re: Ashbrook Park and 16 Woodside Drive Dear Paul: OF COUNSEL ARTHUR W. CERNOSIA Enclosed please find clean copies of the Notice of Condition documents for the above -referenced properties. Note that more information is necessary to fill in the blanks on each document (title of Woodside Drive plan, name of engineer and dates of DRB decisions). Once these documents are fully executed, please submit them to Ray Belair in the City Planning and Zoning Office prior to recording in the land records. Thank you. Sincerely, Timothy M. Eustace THE/jp Enclosures cc: Raymond J. Belair Son4148.cor ASHBROOR PARR NOTICE OF CONDITIONS OF PLANNED UNIT DEVELOPMENT . WHEREAS, Ashbrook Park Home Owners Association, Inc. is the master association for a townhouse complex known and designated as Ashbrook Park located at 701 Dorset Street in the City of South Burlington, comprising a total of seventeen (17) units, and is the owner of the common elements of the Ashbrook Park Townhouse Regime (hereinafter "Association"); and WHEREAS, Association obtained approval from the South Burlington Development Review Board to amend a previously approved planned unit development consisting of three (3) buildings. The amendment consists of creating separate lots under the footprint of each unit, as shown on a plan entitled "Building Locations Ashbrook Park Dorset Street, South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated August 16, 1999 and recorded in Map Volume , Page of the City of South Burlington Land Records ("Property" herein), by written decision of the Development Review Board dated , 1999; and WHEREAS, the Development Review Board's approval imposes certain conditions on the subject Property. NOW THEREFORE, Association hereby gives notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless and until modified or removed by the South Burlington Development Review Board or its successors: 1. The Property shall be developed and used in accordance with the terms and conditions of the written decision of the South Burlington Development Review Board dated , 1999. 2. The Property is and shall constitute a single parcel of land for purposes of compliance with City of South Burlington regulations and ordinances now in effect or hereafter amended or adopted, including zoning and subdivision regulations. Association covenants and agrees that for the purpose of compliance with an application of City of South Burlington ordinances and regulations, including zoning and subdivision regulations, the Property shall continue to be regarded as a single parcel of land, even if townhouse units located on such property are conveyed to separate unit owners together with an undivided interest in the common lands. 3. The proper party for purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be all of the unit owners or their duly authorized representative, as designated by all of the owners in a document duly executed and recorded in the City of South Burlington Land Records. The City shall act upon any application submitted by all of the unit owners or their duly authorized representative and shall not be required to resolve a dispute between the Association and the unit owners as to the respective rights of the Association and unit owners. It shall be the duty of the unit owners or the Association to notify all others having an interest in the property that may be affected by the application proceedings of the commencement of such proceedings. 4. Any action to enforce any City ordinance or regulation, including zoning or subdivision regulations, against the Property, or activities or events occurring on the Property, may be brought against the unit owners or the Association. It shall be the duty of the unit owners and/or the Association to notify all others having an interest in the Property that may be affected by the enforcement proceedings or the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the unit owners, the Association or the owner of any unit within the Property. 5. This Notice of Conditions shall be recorded in the City of South Burlington land records and shall be referred to in any deed conveying the Property or and interest in the Property. 6. This Notice of Conditions shall be binding upon the Association and the Association's successors and assigns. DATED at South Burlington, Vermont this day of 1999. In the presence of: Ashbrook Park Homeowners Association By: Witness Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont on the day of , 1999, personally appeared , in his/her capacity as duly authorized agent for Ashbrook Park Homeowners Association, and he/she acknowledged this instrument by him/her, sealed and subscribed, to be his/her free act and deed and the free act and deed of the Ashbrook Park Homeowners Association. Son158.rea Before me, Notary Public My Commission Expires: NOTICE OF CONDITION OF ACCESSORY RESIDENTIAL UNIT APPROVAL WHEREAS, Patricia Labuda and David Turnbaugh ("Applicants" herein) are owners of lands and premises located in the City of South Burlington, commonly known and designated as 16 Woodside Drive, conveyed to them by Warranty Deed of Patricia Labuda dated May 7, 1999 and recorded in Volume 454 at Page 39 of the City of South Burlington Land Records (the "Applicants' Property"); and WHEREAS, Applicants' Property is depicted as Lot No. 83 on a plan entitled " " prepared by , dated September 1, 1957 and recorded in Map Volume 11 at Page 328 of said Land Records; and WHEREAS, Applicants received approval from the South Burlington Development Review Board by written decision dated , 1999 for constructing a 400 square foot accessory residential unit within an existing single family dwelling on Applicants' Property; and WHEREAS, the South Burlington Development Review Board granted said approval subject to certain conditions as set forth in the final approval motion; NOW THEREFORE the Applicants hereby give notice that the above -referenced land is subject to the following conditions and restrictions which shall run with and be binding upon Applicants' Property, unless and until modified or removed by the South Burlington Development Review Board or its successor: 1. Applicants agree that the accessory residential unit may only be used in conformance with Section 26.75 of the South Burlington Zoning Regulations, which provides, in pertinent part, as follows: 26.751 Occupancy of the accessory residential unit is restricted to not more than two (2) persons, one of whom is related by blood or marriage to the owner of the primary single-family residence, or is disabled as defined in subdivision 252(2) of Title 18, or is at least 55 years of age. 26.752 Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the floor space of the existing living area of the primary single family residence or 400 square feet, whichever is greater. 26.753 The primary single-family residence is occupied by the owner. 2. This Notice of Condition shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying the property or any interest in the property. 3. This Notice of Condition shall be binding upon the Applicants and the Applicants' successors and assigns. DATED at South Burlington, Vermont, this day of . 1999. IN THE PRESENCE OF: Witness PATRICIA LABUDA 2 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , in said County, this day of , 1999, Patricia Labuda personally appeared and she acknowledged this instrument, by her sealed and subscribed, to be her free act and deed. IN THE PRESENCE OF: Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Before me, Notary Public My Commission Expires: DAVID TURNBAUGH At , in said County, this day of , 1999, David Turnbaugh personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, Notary Public My Commission Expires: Son159.rea STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE ("ALSO ADNUTi'ED IN N.Y.) STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 E-MAIL(FIRM2555 @FIRM SPF.COM) WRITER'S E-MAIL (TEUSTACE@FIRMSPF.COM) October 4, 1999 VIA FACSIMILE & FIRST CLASS MAIL Paul R. Morwood, 333 Dorset Street South Burlington, Esq. Re: Ashbrook Park Dear Paul: VT 05403-6210 OF COUNSEL ARTHUR W. CERNOSIA Thank you for the draft Notice of Conditions for the Ashbrook Park project. Enclosed is a draft Notice of Conditions that is in the City's standard format. Note that I have left blanks for the date of the Development Review Board's written decision. That decision should be ready shortly. Please let me know if you have any comments or questions. Otherwise, you may use this format for filing in the South Burlington Land Records. Please send any fully executed final version of the Notice of Conditions to Ray Belair at the City's Planning and Zoning Office before filing in the land records. Thank you. Sincerel Timothy M. Eustace THE/jp Enclosure cc: Ray Belair v Son4144.cor ASHBROOK PARK NOTICE OF CONDITIONS OF PLANNED UNIT DEVELOPMENT For Disc DR'AFr Foy-::,�,1 ussron purGos fes�y WHEREAS, Ashbrook Park Home Owners Association, Inc. is the master association for a townhouse complex known and designated as Ashbrook Park located at 701 Dorset Street in the City of South Burlington, comprising a total of seventeen (17) units, and is the owner of the common elements of the Ashbrook Park Townhouse Regime (hereinafter "Association"); and WHEREAS, Association obtained approval from the South Burlington Development Review Board to amend a previously approved planned unit development consisting of three (3) buildings. The amendment consists of creating separate lots under the footprint of each unit, as shown on a plan entitled "Building Locations Ashbrook Park Dorset Street, South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated August 16, 1999 and recorded in Map Volume , Page of the City of South Burlington Land Records property"—ierein), by written decision of the Development Review Board dated , 1999; and WHEREAS, the Development Review Board's approval imposes certain conditions on the subject Property. NOW THEREFORE, Association hereby gives notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless and until modified or removed by the South Burlington Development Review Board or its successors: 1. The Property shall be developed and used in accordance with the terms and conditions of the written decision of the South Burlington Development Review Board dated , 1999. 2. The Property is and shall constitute a single parcel of land for purposes of compliance with City of South Burlington regulations and ordinances now in effect or hereafter amended or adopted, including zoning and subdivision regulations. Association covenants and agrees that for the purpose of compliance with an application of City of South Burlington ordinances and regulations, including zoning and subdivision regulations, the Property shall continue to be regarded as a single parcel of land, even if townhouse units located on such property are conveyed to separate unit owners together with an undivided interest in the common lands. 3. The proper party for purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be all of the unit owners or their duly authorized representative, as designated by all of the owners in a document duly executed and recorded in the City of South Burlington Land Records. The City shall act upon any application submitted by all of the unit owners or their duly authorized representative and shall not be required to resolve a dispute between the Association and the unit owners as to the respective rights of the Association and unit owners. It shall be the duty of the unit owners or the Association to notify all others having an interest in the property that may be affected by the application proceedings of the commencement of such proceedings. 4. Any action to enforce any City ordinance or regulation, including zoning or subdivision regulations, against the Property, or activities or events occurring on the Property, may be brought against the unit owners or the Association. It shall be the duty of the unit owners and/or the Association to notify all others having an interest in the Property that may be affected by the enforcement proceedings or the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the unit owners, the Association or the owner of any unit within the Property. 5. This Notice of Conditions shall be recorded in the City of South Burlington land records and shall be referred to in any deed conveying the Property or and interest in the Property. 6. This Notice of Conditions shall be binding upon the Association and the Association's successors and assigns. DATED at South Burlington, Vermont this day of , 1999. In the presence of: Ashbrook Park Homeowners Association DRAFT By: For Dis Witness u y AuthorizecT STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont on the day of , 1999, personal y appeared , in his/her capaci y as duly authorized agent for s roo ar Homeowners Association, and he/she acknowledged this instrument by him/her, sealed and subscribed, to be his/her free act and deed and the free act and deed of the Ashbrook Park Homeowners Association. Before me, Notary Pubilc Son158.rea My Commission Expires: i ASHBROOK PARK L NOTICE OF CONDITIONS OF PTANNED UNIT DEVELOPMENT WHEREAS, Ashbrook Park Home Owners Association, Inc. is the masl� c- Association for a townhouse complex known and designat.od as Plsfibrook Park located at 701 Dorset Street in the City of South Burlington, c0mf)-r7'j5J'ng a total of is the ow-L scventeo-n (17) units,sandner of the colmmon elements Of the Ashbrook parkTownhouse Regime (hereinafter "Associa�tion"); and WHEREAS, Association obtained Burlington Development from the South DevclOPMent Review Board to amend a of t�.,,,u previo 5L approved planned unit development consisting T , btialdings. The nmendmant Consists of creating separata lots under the footprint of each unit, as shown on a plan ent.,Ltled "Building Loca ions Ashbrook Park Dorset Street, South Burlillgtcn, Vermont,,' prepared by Krebs & Lansin Consuitin Engineers;, Inc., dated August 16, 1999 and recorao-cl :,I, Map #olurauh Twp��, Page of the City Of South Burlington Land Records oPerty"-HErein.), by resolution of the Development Review Board approved at a meeting on 1999; and WHEREAS, tJ)e Development Review Board's approval imposes certain conditions on the subject Property. NOW 'THEREFORE, Association hereby gives not -ire that the Prcpert� is subject to the following conditions and restricti.o.,is which s La 12 run with and be bind' t ng upon the land unless and until modified or removed by thelSoutn Burlington Development Review 5oard or its successors: 1. The Property shall be developed and usod in accordance with the terms and conditions of the approval of the South 2uxlington Development Review Board granted on 1 1999. 2- The Property is and shall constitute a Single parcel of land for puro,�ses Of compliance with City of South Burlington regulations and ordinances now in effect Or hereafter amended or adopted, including zoning and subdivision regulations. Asvoci2tfton covenants and agrees that for the urpose of cOITLPliance with an applicat-Flon of City of South Burlington ordinances and regulations, including zoning and subdivision regulations, the Property sha!2 cor-It-InuL- to he regarded as a single Parcel of land, even if townhouse units located on such property are conveyed to separate ljnj.t owners together with an undivided interest in the common lands. 3. c The f proper party fox, purposes of submitting ap Pal'c'-'ti1-1s Or EPPrOval from time to tune under City ordinances an regulations, including zoning and subdivision ra7ujatjons, shall be all of the unit� owners or their duly authorized re�resentative, as designated b all Of 'the owners in a document du Y executed and recorded in tKe City of South Burlington Land c Reords. The City shall act upon City application submitted by all of the unit owners cr their duly authorized r-Gpresentati,,re and shall not be required to resolve a dispute between the Association and the unit owners as to the respective rights of the Association and unit owners. It shall be the duty of the unit owners or the Association to notify al1_1- others having an interest in the property that may be affected by the application proceedings of i:�ge commencement cf such proceedings. 130 'd �SK099F,02, 'ON XV. Od HF01313 3�DVd 73ZJIIS W8 0�:Je 1�2 6861-10-100 Any aCtin ,n to enforce any City ordinance or regulation, includirg zoning or subdivision regulations, against the Pro erty, or activities or­evGnt5 occurrin on the Property, ma be Erought against the unit owners or the Lsocia-i be the Association. it shal,y - duty of the unit ownar.s rand/or the Association to no,tify all Others having an interest jr, the Propert that may be affected by the enforcement DrOcee:�ings or t?,'e commencement of such piroceedint45 An decision in an enforc merit jp.rnnn. - H i nrj, iilcludill�, d dyul�iLs t: Vt penalties, anfcrcsab1ft thrz, shall be !1 ran -n� -rcl ef or s!D10 diOCrction again6L LI;L-i unit owners, the Association Q'r"'the owner of any unit wit Property.hi n 1: h e T?iis Notice of Conditions shall be record,--d -',, the City Of 3C)'Lith Burlington land -L �:ecords and shall be referred to in any deed conveying the Property or and interest in the Property. Is. This Notice of Conditions shall be binding upon the 71Ssc)Cic-ition and tito .1 Assocjat-1c),,js successors and assigns. DATED at South Burlington, Vermont this _ day of 199 9. In the presence of, Aghbrook Park Homeowners Association A T Ll�-Y A',-'oriTeandent STATE or VERmoxT COUNTY OF CHITTENDEN, SS. At 1 Vermont on 'she day1.399, a�rsonal!Y--ff-p—peared an —his/her —cap-ic—I-Ty—as duly I'L:hprized agent fc)r-- Homeowners Association, and he/she acknowledged thisssoc� instrument by him/1her, sealed and subscrJL)ed, to hCll J-is/her free act d and deed anthe free act and It deed Of the Ashbrook Park Homeowners Association. Before me, SCIPIfe'rea MY Commission ExpirGs: 90 "1 Z99(11099H06 'ON Xv. Od HH017-1. 3M 'Tills W6 H:Tc ICE 6661-I0-100 On AFT 9/21/99 MOTION OF APPROVAL ASHBROOK PARK HOMEOWNERS ASSOCIATION I move the South Burlington Development Review Board approve the final plat application of Ashbrook Park Homeowners Association to amend a previously approved 17 unit planned unit development consisting of three (3) buildings. The amendment consists of creating separate lots under the footprint of each unit, 701 Dorset Street, as depicted on a plan entitled, "Building Locations Ashbrook Park Dorset Street South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated August 16,1999, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) Prior to recording the final plat plan, the applicant shall record a 'Notice of Conditions", approved by the City Attorney, which states that for zoning and subdivision purposes all the footprint lots and the common land lot shall be treated as one (1) lot. 3) Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 4) The final plat plan shall be recorded in the South Burlington land records within 90 days or this approval is null and void. The plat plan shall be signed by the Development Review Board Chair or Clerk prior to recording. Prior to recording the final plat plan the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning & Zoning. 0 Memorandum - Development Review September 21, 1999 agenda items September 17, 1999 4) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 5) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the general office space. 6) Any change to the site plan shall require approval by the Development Review Board. 3) LARK - INNS LLP INC. - SEWER ALLOCATION - REVISED FINAL PLAT This project consists of amending a planned unit development consisting of a 200 room hotel, 60 room hotel, restaurant, and a three (3) unit multi -family dwelling, 1720 Shelburne Road. The amendment consist of removing the previously approved sewer allocation for the 60 room hotel and three (3) unit multi -family dwelling. This project was approved on 5/25/99 and 6/29/99 (minutes enclosed). The applicant was granted 40,000 gpd of sewer allocation in 1985 for the 200 room hotel (formerly known as Harbor Inn, now known as Howard Johnson's and Holiday Express). The average of the actual flows during the peak usage is 25,820 gpd. This is an excess allocation of 14,180 gpd. The applicant is requesting to remove the previously granted allocation of 3,773 gpd and apply the excess allocation to the new hotel and three (3) unit multi -family dwelling. Staff feels this is acceptable because the new hotel is part of the PUD which has the excess allocation. 4) ASHBROOK PARK HOMEOWNERS ASSOCIATION - FOOTPRINT LOTS - REVISED FINAL PLAT This project consists of amending a 17 unit planned unit development previously approved on October 13, 1981 consisting of three (3) buildings. The amendment consists of creating separate lots under the footprint of each unit. Staff discovered that each unit was being sold with the land underneath without subdivision approval. The Association was contacted and requested to apply for subdivision approval. The sketch plan was reviewed on 6/22/99 (minutes enclosed). 6 Memorandum - Development Review September 21, 1999 agenda items September 17, 1999 Access: No changes Coverage/setbacks: Building coverage, overall coverage and setbacks limitations will be exceeded on all the footprint lots. Section 10.404 of the zoning regulations allows the Planning Commission to modify the maximum building coverage and setback requirements but not maximum lot coverage. This problem can be resolved by recording a "Notice of Conditions" indicating that for zoning and subdivision purposes all the lots are to be treated as one (1) lot. Lot size/frontage: The footprint lots will not meet the 9500 square foot minimum lot size requirement and the 80 foot frontage requirement. Section 10.404 of the zoning regulations allows the Development Review Board to modify the minimum lot size and minimum frontage requirements. The recording of a "Notice of Conditions" will eliminate the need to modify the minimum lot size and minimum frontage requirements by indicating that for zoning and subdivision purposes all the lots will be treated as one (1) lot. Other: --- metes and bounds information is included on the plat to tie the corners of each building to the property lines. 5) WESCO INC. - CONVENIENCE STORE - SITE PLAN This project consists of amending a plan for a service station with seven (7) fueling positions. The amendment consists of: 1) converting the service station to a convenience store including a deli/bakery with 12 seats, 2) constructing a 450 square foot addition for convenience store use, 3) access modifications, and 4) razing an existing single family dwelling and garage. The Zoning Board of Adjustment on 7/12/99 granted the applicant a conditional use permit for the convenience store. This project located at 1108 and 1118 Williston Road lies within the C1 District. It is bounded on the north by a hotel/restaurant (Econolodge), on the west by a 91 Memorandum - City Engineer September 21, 1999 agenda items September 13, 1999 Page 2 3. A sewer connection to the Rye house should be provided. They will be required to connect if they are not connected. 4. Sanitary sewer main shall be bedded in 3/4 inch crushed stone. 5. The gas main should be shown on the plans. ASHBROOK PARK - DORSET STREET Building lot location plan prepared by Krebs & Lansing Surveyors dated August 16, 1999 is acceptable. PA accepting�bftls� from woodchip suppliers for one to three years. Bids will be opened Thursday, September 9, 1999 at 10:30 a.m. at: Franklin Central Supervisory Union, 28 Catherine St., St. Albans, Vl"05478: For more information contact: David A; Craw%rdi Busi ness Manager%^[8ti2=524'- 43211. OUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development RevigAd Boarcdk� will hod -a- prSWblic hearing`at„the South Bur- lington City'Sall,_Confer- ence Room, 575 `Dorset Street, South Burlington, Vermont on Tuesday, September 21, 1999, �at 7:30 P.M. to consider the following: 11 Final plat- application o Lark -Inns LLP, Inc. to amend a planned unit del- velopment consisting of a 200 room hotel; 60 room hotel, restaurant, and a three [31 unit multi- family dwelling, 1720 Shelburne Road. The amendment consists of removing the previously approved sewer alloca- tion for the 60 room hotel and three [31 unit multi- family dwelling. 21 Application of Mun- son Earth -Moving Cor- poration seeking condi- tional use approval from Section 26.05, Condi- tional- Uses and Section 26.65, Multiple Struc- tures and Uses on Lots of the South Burlington Zoning Regulations. Re- quest is for permission to operate a private parking facility in con- junction with an exisIsngg contractor's yard, 1877 Williston Road. 31 Final plat application o Ashbrook Park Home- owners Association to amend a previously ap- proved 17 unit planned unit development consis- ting of three [31 build- s n g s The amendment consists of creating separate lots under the footprint of each unit, 701 Dorset Street. Copies of the applica- tions are available for public inspection at the South Burlington City Mail, John Dinklage Chairman South Burlington Development Review Board September 4` 1999 PUBLIC NOTICE September 3, 1999 Pursuant to 17 V.S.A. ss2302-2305 the Ver- mont Democratic Party r,...,.,...., — , , !., of Vermont Project]; Se- ries 1993 [the "1993 Bonds"], (ivj currently r e funding the Agency's outstanding Hospital Revenue Refunding - Bonds [Medical Center Hospital of Vermont Proj- ect], Series 1994': Select Auction Variable Rate Secuntiessm [SAVRSO] [the " 1994 Bonds'], (v funding a reserve fund for the Bonds, if at the time of the sale of the Bonds it is determined that estab- lishing a reserve fund and funding such reserve fund are warranted, and [vi] paying certain costs of issuance of the Bonds. The 1993 Bonds were is= sued for the purpose of fi- nancing [I] a part of the ongoing capital program of Medical Center Hospi- tal of Vermont, inc., a predecessor to the Cor- poiption [the "Medical Center"] for fiscal years 1993 through 1995, which program included the renovation of various parking areas and road- ways and renovation of the Mary Fletcher Build- ing and the McClure Building, including up- grading boilers and ele- vators, asbestos removal and renovation and con- solidation of pathology laboratories and several nurses' stations, and the purchase and installation of major equipment, in- cluding computer sys- tems, ultrasound equip- ment, CT scanners and other, equipment for the nuclear medicine, oncol- ogy, cardiology and radi- ation therapy depart- ments [collectively, the "1993 Project"], and [li]the current refunding of a portion of the Agen- cy's Medical Center Hos- pital of Vermont 1982 Is- sue, Revenue Bonds,. Series A' [the Bonds']. The 1982 Bonds were issued for the purpose of financing [I] the construction of a new seven -story building connected to certain of the Medical Center's then existing facilities, [ii] the renovation of the then existing Medical Center space, [Ai] the construc- tion of a two -level parking garage adjacent to the Medical Center and [ivj. the purchase of major movable and fixed equip- ment in connection there with [collectively, the -1982 Project"]. The 1994 Bonds were is- sued for the purpose of fi- nancing the current re- funding of the Agency's Medical Center Hospital of Vermont 1986 Issue Crossover Refunding Revenue Bonds, Series A [the "1986 Bonds"]. The 1986 Bonds were issued for the purpose of financ- ing the advance re- funding of the Agency's Medical Center Hospital of Vermont 1984 issue, ACT 250 NOTICE OF PREHEARING CONFERENCE AND PETITION FOR DE- CLARATORY RULING RE` Town of Williston Road Improvements c/o David Spitz Municipal Project Manager 47'Brigham Hill Rd Essex Jct, VT 05452 Declaratory Ruling Request #381 On July 26, 1999 the District #4 Environ- mental Commission Co- ordinator issued a Re- vised. Jurisdictional Opinion #4-145 ["Juris- dictional Opinion"] in which he determined that the proposed roadway and pedestrian improve- ments for Taft Corners intersection upgrade project which is located within a 5.7 acre area en- compassing Taft Corners [intersection of Routes 2 and 2A] in Williston, Ver- mont ["Project"] does not require a landuse permit pursuant to 10 V.S.A. ss6001-6092 ["Act 250"], On August 19, 1999, Judge Development Corp. and Winter Devel- opment Corp ["Petition- ers"] filed a petition for declaratory ruling with the Environmental Board ["Board"), appealing the Jurisdictional Opinion. The petition for declara- tory ruling is filed pursu- ant to 10 V.S.A. ss6007fc] and. Environ- mental Board Rule ["EBR"1 3. The Petition- ers contend that the Project requires an Act 250 permit. The Chair of the Board, or her duly au- thorized delegate, will meet with the parties and those seeking to partici- pate as parties, or their representatives, at a pre - hearing conference on Tuesday, October 5, 1999 at 10:00 a.m. at the Environmental Board's Conference Room, Na- tional Life. Records Cen- ter Building, National Life Drive, Montpelier, Vermont. [Exit 8 off of I- 89 onto Memorial Drive, make a right at the first set of lights onto Na- tional Life Drive. The Re- cords- Center Building, a building separate from the main National Life buildings, is at the ex- treme easterly end of the National Life parking> area]. Those persons seek- ing to participate as par- ties [including "statu- tory" parties see EBR 14 [A1[11-[4]1 in the hear- ing should attend the prehearing conference. They should be prepared to identify issues in con- troversy and proposed witnesses and exhibits that they intend to pres- ent at the hearing. Non - statutory parties [see EBR 14[A][5] and 14 [B]] seeking to participate able. Professional toyjoin our Customer Service Team. We offer competi- tive wages plus an excel- lent benefit package in- ciuding: Fully paid family medical, life insurance, paid vacation & personal time, retirement, 401k, & yearly bonus plans, & the benefitsof ownership through our ESOP. Send resume and cover letter to: Vermont Tubbs, Attn: Personnel, PO Box 369, Brandon, VT 05733. AD AGENCY OFFICE MGR./TRAFFIC Well -or- ganized person to traffic jobs and handle adminis- trative tasks, including word processing, proof- ing & inputting lob esti- mates. Must be good at detail, experienced with computers. Resume to Casey Baker at Burch & Company Inc., 115 Col- lege St:; Burlington, VT 05401, 802-864-0576. FAX-802-862-0085. ADMINISTRATIVE ASSISTANT Administrative support & office management for high energy Burlington school -to -career team. Exper. w/Microsoft Of- fice, Internet, self-starter, & team player req. �4 time position to begin ASAP. Continuation de- pendent on availability of grant funds. Minorities are encouraged to apply; EOE. Send letter & re- sume to: Linking Learn- ing to Life, BHS-52 Insti- tute Rd, Burlington, .VT 05401 by 9/13. For more info call 951-8845. SELL 'IDLE ITEMS" WITH A CLASSIFIED AD. CALL 6S&3321. ADMINISTRATIVE SEC- RETARY Dynamic CPA firm seeks an Admin. Secretary, previous exper., reliable, ener- getic. Ward processing, reception, filing & direct contact w/ clients. Excel. benefits. Mail resume to: Diana Jones, Dayman, Lurie & Goldsb% PC, PO Box 1542, Burling- ton, VT 05402 or fax to [802]864-6068. ADMINISTRATIVE ASST/OFFICE MAR With strong, computer skills, personable phone manner, ability to work as a team player, and considerable patience: Cover letter and resume to: VT Parent Information Ctr, 1 Mill St, Suite A7, Burlington VT 05401. EDE Boise Cascade Office Products As a multi -billion dol- lar industry leader, Boise Cascade Office Products provides the growth potential and powerful re- sources that you're looking for. Great pay and loads of benefits r,na your future wnn rg. Air Force! Traintnt travel, educational at sistance and financial st curity, plus enlistmet bonuses up to $12,0C to those who quality. Ag requirement 17-27, For free information packe call: 1-800-423-USAF or visit www.airforce.com. AIR FORCE ARCHITECT/IN,TER$ ARCHITECT/DRAFT SPERSON Small desi� oriented Architectun Firm [staff of 201 is logl ing for an energetic pe sort to join our team Montpelier, VT. We war on a wide variety of prc ects -- banks, schools, braries, and resideniq CAD experience a ben, fit, but not a requireme — we use Microstatio Responsibilities will I commensurate' with e perience. Call 802-223-2044 or fe ward your resume as photocopies of sample of your capabilities w interests to Black Riv, Design, 73 Main E' Montpelier, VT 05602. mail rickbQc blackriverd sign.com ARCHITECT or Graduate Architej, needed for immediate V time position for des drafting and constructs administration. Can date must have minim 2 years' CAD expersen Mail resume to: Jr G ham' Goldsmith; Arc sects P.C., 7 Kilburn Burlington, VT 05401. ARCHITECTS & JOB CAPTAINS With 4 years minim' experience needed Vermont firm with tional practice. Only tl! best need apply. C. Janet at Morris/Switz /& Assoc. [[88022]] 8w7788--88844 RESOLUTIONi INC. We are currently seei, ing energetic, motivatf individuals- to join oi< growing team' in sever areas. Resolution ofW competitive wages, Itt benefits package ar' the opportunity to wot, in a fun, fast -paced env ronment with great pe, plell ASSEMBLERS We need detail orsentt individuals for our asset: bly line. Requires cot stant standing, goc manual dexterity, and it ability to consistently I' 35-lbs. Must be a tea: player. 1st shift and;[ weekend positions ava' able. PICK & PACK Candidates will pick ail pack merchandise acts, rately and efficiend according to prescribe; standards and pros' dures for shipment. E' cellent attention to del PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, September 21, 1999, at 7:30 P.M. to consider the following: 1) Final plat application of Lark - Inns LLP, Inc. to amend a planned unit development consisting of a 200 room hotel, 60 room hotel, restaurant, and a three (3) unit multi -family dwelling, 1720 Shelburne Road. The amendment consists of removing the previously approved sewer allocation for the 60 room hotel and three (3) unit multi -family dwelling. 2) Application of Munson Earth - Moving Corporation seeking conditional use approval from Section 26.05, Conditional Uses and Section 26.65, Multiple Structures and Uses on Lots of the South Burlington Zoning Regulations. Request is for permission to operate a private parking facility in conjunction with an existing contractor's yard, 1877 Williston Road. 3) Final plat application of Ashbrook Park Homeowners Association to amend a previously approved 17 unit planned unit development consisting of three (3) buildings. The amendment consists of creating separate lots under the footprint of each unit, 701 Dorset Street. Copies of the applications are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board September 4, 1999 CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant �Sl-ill i� r'�i "Opt -eft ?w`rc-' 4 SScL "/9"Q,-J 2 ) Name of Subdivision 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application 4hA)k 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: xJOA c'-= 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and c ntaining all information required under Section 202.1 6f the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies f all legal documents required under Section 202.1 11 and (12) of the subdivision r r a i or udivision and under Section 204.1(b) or a 3o s d' is on tAl Ct (Sig ature) applicant or contact person Date AUG 1 8 1999 City of So. Burlington ASHBROOK PARK HOME OWNERS ASSOCIATION NOTICE OF CONDITIONS Ashbrook Park Home Owners Association, owner of the common elements of the Ashbrook Park Townhouse Regime, hereby gives notice that pursuant to a final plat approval of the South Burlington Planning Commission, dated , the land under the footprint of each unit comprising the 17-unit Townhouse Regime as depicted on a map entitled "Ashbrook Park, Dorset Street, South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers, Inc. and dated September,1982, and recorded in Map Book 200 at Page 24 in the South Burlington Land Records, shall be considered to have merged with and be treated as a portion of the remaining "common land" as depicted on the above -referenced map for the sole and exclusive purpose of determining the Association's compliance with the City of South Burlington Zoning Regulations. None of the "common land" or any of the footprint lots may be further subdivided, nor the building configurations thereon be modified without specific advance written approval by the City of South Burlington Planning Commission. Dated at South Burlington, Vermont, this day of , 1999. ASHBROOK PARK HOMEOWNERS ASSOCIATION By, Its DCily Aiiithorized Agent MORWOOD & MORWOOD, ATTORNEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 ASHBROOK PARK HOME O WNERS ASSOCIA TION NOTICE OF CONDITIONS Ashbrook Park Home Owners Association, owner of the common elements of the Ashbrook Park Townhouse Regime, hereby gives notice that pursuant to a final plat approval of the South Burlington Planning Commission, dated , the land under the footprint of each unit comprising the 17-unit Townhouse Regime as depicted on a map entitled "Ashbrook Park, Dorset Street, South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers, Inc. and dated September,1982, and recorded in Map Book 200 at Page 24 in the South Burlington Land Records, shall be considered to have merged with and be treated as a portion of the remaining "common land" as depicted on the above -referenced map for the sole and exclusive purpose of determining the Association's compliance with the City of South Burlington Zoning Regulations. None of the "common land" or any of the footprint lots may be further subdivided, nor the building configurations thereon be modified without specific advance written approval by the City of South Burlington Planning Commission. Dated at South Burlington, Vermont, this day of , 1999. ASHBROOK PARK HOMEOWNERS ASSOCIATION By, Its Dtily Alithorized Agent MORWOOD & MORWOOD, ATTORNEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 Memorandum - Planning June 22, 1999 agenda items June 18, 1999 b) DONNY'S PIZZA - REPLACE WALL SIGN - DESIGN REVIEW This application consists of replacing an existing wall sign (on awning) with a new wall sign (on awning), 364 Dorset Street. The new sign will consist of an aluminum cover panel to block out the existing lettering on the awning. The aluminum will be red factory painted and lettering will be white vinyl. Size of the sign on the west side of building will be 18.87 square feet. Size of sign on north side of building will be 6.6 square feet. The color of the sign appears to be consistent with the color of the awning. Lettering is also consistent. Staff recommends that the Commission approve the application with the following stipulations. 1. This approval is for compliance with only the design review criteria contained in the South Burlington Sign Ordinance (i.e., section 4(a) - (d)). The decision of whether or not this application complies with all other provisions of the Sign Ordinance shall be made by the Code Officer. 2. The applicant shall obtain a sign permit from the Code Officer within six (6) months of this approval or this approval is null and void. 3. Any change to the sign design shall require approval of the Planning Commission. 3) ASHBROOK PARK HOMEOWNERS ASSOCIATION -FOOTPRINT LOTS -SKETCH PLAN This project consists of amending a 17 unit planned unit development previously approved on October 13, 1981 (minutes enclosed) consisting of three (3) buildings. The amendment consists of creating separate lots under the footprint of each unit. Staff discovered that each unit was being sold with the land underneath without subdivision approval. The Association was contacted and requested to apply for subdivision approval. Access: No changes Coverage/setbacks: Building coverage, overall coverage and setbacks limitations will be exceeded on all the footprint lots. Section 10.404 of the zoning regulations allows the Planning Commission 2 Memorandum - Planning June 22, 1999 agenda items June 18, 1999 to modify the maximum building coverage and setback requirements but not maximum lot coverage. This problem can be resolved by recording a "Notice of Conditions" indicating that for zoning and subdivision purposes all the lots are to be treated as one (1) lot. Lot size/frontage: The footprint lots will not meet the 9500 square foot minimum lot size requirement and the 80 foot frontage requirement. Section 10.404 of the zoning regulations allows the Planning Commission to modify the minimum lot size and minimum frontage requirements. Other: the revised final plat should include metes and bounds information to tie the corners of each building to property lines. 4) EVELYN LAMPLOUGH & WINDJAMMER HOSPITALITY GROUP - 2 LOT SUBDIVISION - PRELIMINARY PLAT This project consists of subdividing a 54.352 acre parcel into two (2) lots of 1.476 acres (lot #1) and 52.876 acres (lot #2). This property is developed with a standard restaurant and 176 room motel. The sketch plan was reviewed on 3/23/99 (minutes enclosed). This property located at 1076 Williston Road lies within the C 1, R4 and Conservation and Open Space Districts. It is bounded on the west by Holiday Inn, on the south by a single family dwelling, service station, medical office, photo shop and Williston Road, on the east by auto sales and undeveloped land, and on the north by undeveloped land. Lot size/frontage: Both lots meet the minimum lot size requirement of 40,000 square feet. Lot #2 does not meet the 200 foot minimum frontage requirement along Williston Road. This lot is proposed to have 50 feet of frontage. The Planning Commission does not have the authority to waive this requirement (see enclosed letter from City Attorney). Coverage/setbacks: Coverage information for the new lots was not submitted. Setback requirements will be met. CITY CLERK'S OFFICE/ / n00 R_!. Received - i9_$t�M Recorded in Vol. on pagea-:�2 -aa-3 01 So. Burlington Land Records ASHBROOK PARK Attest: �� VCOIXA NOTICE OF CONDITIONS OF Margaret A. Picard, City Clerk PLANNED UNIT DEVELOPMENT , WHEREAS, Ashbrook Park Home Owners Association, Inc. is the master association for a townhouse complex known and designated as Ashbrook Park located at 701 Dorset Street in the City of South Burlington, comprising a total of seventeen (17) units, and is the owner of the common elements of the Ashbrook Park Townhouse Regime (hereinafter "Association"); and WHEREAS, Association obtained approval from the South Burlington Development Review Board to amend a previously approved planned unit development consisting of three (3) buildings. The amendment consists of creating separate lots under the footprint of each unit, as shown on a plan entitled "Building Locations Ashbrook Park Dorset Street, South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated October 19,1999 and recorded in Map Volume A-50 , Page 3_g_ of the City of South Burlington Land Records ("Property" herein), by ritten decision of the Development Review Board dated , 1999; and WHEREAS, the Development Review Board's approval imposes certain conditions on the subject Property. NOW THEREFORE, Association hereby gives notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless and until modified or removed by the South Burlington Development Review Board or its successors: 1. The Property shall be developed and used in accordance with the terms and conditions of the written decisio of the South Burlington Development Review Board dated / , 1999. 2. The Property is and shall constitute a single parcel of land for purposes of compliance with City of South Burlington regulations and ordinances now in effect or hereafter amended or adopted, including zoning and subdivision regulations. Association covenants and agrees that for the purpose of compliance with an application of City of South Burlington ordinances and regulations, including zoning and subdivision regulations, the Property shall continue to be regarded as a single parcel of land, even if townhouse units located on such property are conveyed to separate unit owners together with an undivided interest in the common lands. 3. The proper party for purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be all of the unit owners or their duly authorized representative, as designated by all of the owners in a document duly executed and recorded in the City of South Burlington Land Records. The City shall act upon any application submitted by all of the unit owners or their duly authorized representative and shall not be required to resolve a dispute between the Association and the unit owners as to the respective rights of the Association and unit owners. It shall be the duty of the unit owners or the Association to notify all others having an interest in the property that may be affected by the application proceedings of the commencement of such proceedings. 4. Any action to enforce any City ordinance or regulation, including zoning or subdivision regulations, against the Property, or activities or events occurring on the Property, may be brought against the unit owners or the Association. It shall be the duty of the unit owners and/or the Association to notify all others having an interest in the Property that may be affected by the enforcement proceedings or the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the unit owners, the Association or the owner of any unit within the Property. 5. This Notice of Conditions shall be recorded in the City of South Burlington land records and shall be referred to in any deed conveying the Property or and interest in the Property. 6. This Notice of Conditions shall be binding upon the Association and the Association's successors and assigns. VDATED at South Burlington, Vermont this day of v -, 1999. Ashbrook Park Homeowners Association By: Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTEND E N, SS. At 6Vermo3}t pn ttie n day of �ey,- 1999, personally appeared, � in his/ capacity as duly authorized agent for Ash rook Park -homeowners Association, and he/fie`acknowledged this instrument by him/hey', sealed and subscribed, to be his/ba-'free act and deed and the free act and deed of the Ashbrook Park Homeowners Association. Before me, Notalry Public My Commission Expires: Son158.rea �— CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record &. 14 P�- V f-�© �1Ju�nJ .� S' i1?T,t1,r SEe 197n1(? t / rV1 Sif '- r jrc)& a AJ Or V; 0ij,9 t, r) rV t 7- 0 "i �' t - b . Applicant i�S}z�,� �6-) c IC /-�a.�yr•�vi2s ,.4� c . Contact Pig(h M,04 S. ��1� �t�JGra•J �F/ f l z - z ��S 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). _6XIS7-1nJ(ter T6LJ1VWQL)Sc kC-&1A4E" - / 7 LIA✓i r—.r i/ Ce)o4, -1g J LoIA,,o ('� f11 Ca 1N AL L y A,ap�,eD Y C r� /�.T C../.,i t� d /''/ � �✓ / c/ -9 �% C'-P'�/ �% L C.Z 1�EE`T� E� fi S Ty � .✓ y a �sr s — Lff.✓r.� U.�J o h4 tJ n! � r 3) Applicant's legal interest in the property (fee simple, option, etc . Aao 9 A-77a.J uJ.y c Q A1'•4,,J.►/ 4&z�a /a/ /ELF — St M PG c' ; Se_. Ail- CV L- J ! 0 4- / nJ ,o?V6 O L)AV11- U N , 7- &JA) 4) Names of owners of record of all contiguous properties _114hR/l- YLJ G A,1ACif,,,9 '70 3 U Osei ST .�y,S�<J � Cf�9-S"T ��►Ji9'�1 �` �' L✓ie9i�T � 1/�i�wi��/,— � �t/ C - (�, `� s`" 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. �uf3��c r 7r0 'Dli cCL 4A-rlaAl Dr-- Tst.)yi V0.Sc 2ZNOV , 19 27 • N2� 0d,L49 e A) r3oa r- DTP 2 5 e); JZ115 C-6 A-49�. 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Aic— 4 Liee--10-1 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affects the proposed subdivision, and include the dates of such actions: � 8) Submit five copies and one reduced copy (81 x 11, 81 x 14 or 11 x 17) of a Sketch plan showing the following information: a) b) c) d) e) f) g) h) i) j) k) (Sig Name and address of the owner of record and applicant. Name of owners of record of contiguous properties. Date, true north arrow and scale (numerical and graphic). Boundaries and area of: 1) all contiguous land belonging to owner of record, and 2) proposed subdivision. Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. Type of, location, and size of existing and proposed streets, structures, utilities, and open space. Existing zoning boundaries. Existing water courses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. Location of existing septic systems and wells. Location map, showing relation of proposed subdivision to adjacent property and surrounding area. All applicable information required for a site plan, as provided in the South Burlington Zoning Regulations, shall be submitted for subdivisions involving a commercial or industrial complex, ulti-family project, ned unit devel pment, or pla d residential deve op ature) applic r cont ct person Date tn Q Pay. ASHBROOK INDIVIDUAL UNIT OWNERS Unit Number Owner's Name A8 Lynda M. Cootware A9 Doris F. Collom 131 Randall F. and Bonnielou Whitcomb B2 Richard R. Roberts B3 George A. Tucker B4 Christine Johnson A5 Rebecca E. McQueen B6 Todd R. Wadsworth B7 Dorothy H. Linder A10 David H. Casier All David H. and Paula Quesnel C12 Stephen B. and Benita A. Twitchell C14 Marie -Therese Celestin Vabre C1 James A. and Mary J. Celotti C16 Scott J. Michaud C17 Craig L. and Lynne Dicken C18 Lise A. St. Laurent MORWOOD & MORWOOD, ATTORNEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 State of Vermont DEFERRAL OF PERMIT RETAINED PARCEL LAWS/REGULATIONS INVOLVED: 18 VSA §1218-1220 and Environmental Protection Rules, Chapter I. Subchapter 3-Subdivisions, §1-305 Deferral of Permit PERMIT NUMBER: DE-4-2424 APPLICANT AND ADDRESS: (Person Retaining Parcel) Ashbrook Park Homeowners Assoc c/o Paul Morwood, Esq. 333 Dorset Street South Burlington VT 05403 LOCATION OF SUBDIVISION: (Road and Town) Dorset Streei, South Burlington DESCRIPTION OF SUBDIVISION: Retain Common Area a 3 arse parcel. CONDITIONS: (1) The parcel retained under the provisions of this permit may not be resold unless a subdivision permit is obtained, or the waiver of developmental rights is included in the deed or lease and notice of the purchaser's name and address is filed with the Division prior to conveyance. Any waiver of developmental rights shall be made a term of any contract of sale or of lease of the parcel, and shall be recited in any deed in the form as follows: "WAIVER OF DEVELOPMENTAL RIGHTS" "In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the installation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance of this deed acknowledges that this lot may not qualify for approval for development under the appropriate environmental protection or health regulations and that the State may deny an application to develop the lot." (2) If the parcel is to be considered for building development at some future date, the applicant(s) understand(s) that the information required by Section 1-307 of the Rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to build on the lot will be denied. (3) The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for recording this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. (4) This permit does not constitute Act 250 approval (10 VSA §151). The permittee is hereby reminded to procure all relevant state and local permits prior to proceeding with this project. Dated at Essex Junction, Vermont, on 1999 Canute E. almasse, Commissioner Departure of Enviroberge nmental Colhservation By Irene L. Ro DEC Regional Office Coord. cc: For the Record City of South Burlington Planning Commission and Selectboard State of Vermont SUBDIVISION PERMIT Case Number: EC-4-2219 PIN: EJ98-0467 Landowner: Stella Marie Cooper, Paul D. c/o Ward, Kelley & Babb Address: 3069 Williston Road South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED Environmental Protection Rules and Beverly Cooper Effective August 8, 1996 This project, consists of subdividing the footprint of a condominium (previously approved in Certification of Compliance 4CO511 and amendments), unit #5 ( 16' x 28') utilizing municipal water and sewer services. The project is located at 701 Dorset Street in the city of South Burlington, Vermont, and is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250. 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry - phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials rior to proceeding with this project. 2. The project shall be completed as shown on the plans which have been stamped "approved" by the Wastewater Management Division: 3. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 4. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. Subdivision Permit EC-4-2219 Page 2 By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. 7. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the city of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. This project has been reviewed and is approved for one, two bedroom, single family residence on the approved lot. Construction of other type of building or dwellings, including public buildings, commercial buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Wastewater Management Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. WATER SUPPLY 9. The lot is approved for water supply by connection to the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 10. The lot is approved for wastewater disposal by the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Subdivision Permit EC-4-2219 Page 3 11. All conditions set forth in Certificate of Compliance Permit # 4CO511 and amendments shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont this 16th day of June, 1999 Canute E. Dalmasse, Commissioner Department of Environmental Conservation By William E. ZA611oski Assistant Regional Engineer South Burlington Planning Commission & Selectboard Water Supply Division Act 250 Coordinator - James Boyd State of Vermont M SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-2252 PIN: EJ99-0107 Landowner: James & Mary Celotti Address: 701 Dorset St., Unit 15 So. Burlington, VT 05403 This project, consists of subdividing the foot print (16' x 28") for a condominium - unit 15 (previously approved in Certification of Compliance 4C0511 and amendments), serviced by municipal water and sewer. The project is located off Dorset Street in the city of South Burlington, Vermont, and is hereby approved under the requirements of the regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry - phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by Krebs & Lansing Consulting Engineers, Inc., which have been stamped "approved" by the Wastewater Management Division: "Ashbrook Park"; Horizontal Layout & Control; Dated Sept, 1982. 3. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 4. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. Subdivision Permit EC-4-2252 Page 2 5. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. 6. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. 7. The conditions -of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the city of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. WATER SUPPLY 8. The lot is approved for water supply by the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. Subdivision Permit EC-4-2252 Page 3 WASTEWATER DISPOSAL 9. The lot is approved for wastewater disposal by the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 10. All conditions set forth in Certificate of Compliance Permit # 4C051land amendments shall remain in effect except as modified or amended herein. Dated at Essex Junction, Vermont this 16th day of June, 1999. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By illiam E. Xbiloski Assistant Regional Engineer South Burlington Planning Commission & Selectboard Water Supply Division Krebs & Lansing Consulting Engineers, Inc. Act 250 Coordinator - James Boyd a . tLd00'M . AwleM "°° Chasteny - LC • fr 6S' TBMTwx.rrm ,a! aAly 2M36 4 9efi'iM 4 - e�M _-- ,• /Etlitpl'' lVJ.Y r I I 1 L rc , 1e /et a I � 011' _ I1 OLL'• nr' �LJ__�� I «�« MF I` Interstate B9 CENTERLINE CURVE INFORMATI (� - xS ro -O.p Fre/a wrewr Fes, 0. n tTl •a! 0,59 b I, % Fr.NN Npa ��rYlf n;z r•n le nz Leese r.•r.le Hera o.x i.ee.n !T b x.e! aT Frey! roles a Y.elaT na .l. r • Y•FI OY r ITS SOa . ! OJ b 5,2395 FreeN pier! Fwr♦ S •P.103 L o! • ),l6,N Me M.F r !T !I R IJ H.M STayE byxa ,, A6Z0 ns .mr ...xe nra. . M.[iba. IAM_Frolll mewl ell xD'S!'E aa.er� Gtiw�er IS.M • e.tleTrl tµnS�e•IT Y _ e.elr Frey�Rid-f 1a.lt� r"M a i 4' 1 i'LAt`JNTNG COMMISSION OCTCHER 13, 1981 The South Burlington Planning Commission held a regular meeting on Tuesday, October 13, 19b1 at 7:30 pm in the Conference Room, City Hall, 575 Dorset St. Members Present Sidney Poger, Chairman; Peter Jacob, Ernest Levesque, George Mona, Robert Walsh Members Absent James Ewing, Kirk Woolery Others Present David Spitz, Planner; Judy Hurd, The Other Paper; Robert Krebs, Ying Liu, Lowell Krassner, G. Marilyn Fahey, Douglas Schner, Bea & Larry Gerlack, Jack Clark, Edmund Chastenay, Sky Thurber, Jan Johnson, Robert Duncan, Colin Lindberg, Rafael Algari, Joseph Chastenay, Kevin Brennan, Tom Fredovich, Tony Pomerleau, R.W. Posey, Charles Shea, Allen Farrow Minutes of October 6, 1981 The October 6, 1981 minutes were approved on a motion by Mr. Mona, a second from Mr. Levesque and a vote of all in favor, except Mr. Jacob, who abstained. Application by Ying_Liu I�or final plat a �rset Street r. al of a 17 unit subdivision Kennedv Drive Mr. Poger said the fire chief had submitted a letter on the application. He would like to see the building and parking on the north side of the land flipped over. The pump station has been moved to private property. Mr. Spitz noted that once the building proposed for across the street was built, this area could tie into that line and the pump station could be removed. There is a 14" water main from the Dorset Street tank to here and there will be an 8" line to,the hydrant. Storm water will be collected and flow by gravity, being discharged into Potash Brook. Mr. Spitz said that drainage from the roof of the eastern building would have to go into a swale which will have to be partly on the Fahey property, so the developers will have to have an easement for it. The cedar hedge planned for screening will be below the swale. Mr. Jacob told the developers to check with the water department before they placed their sewer lines. The road will be private, Mr. Spitz said. Lr. Mona asked about the height of the screening. The plan showed that the cedars would be 4-8' high. Ms. Fahey said her windows were 10' from the ground in the rear. Mr. Spitz noted that the trees would grow taller, and Mr. Mona noted that if any larger trees were planted, their chances for survival would be decreased. Ms. Fahey requested three rows of trees, with two different types, for the hedge, but 174r. :spitz said the usual form of screening was what was proposed here by the developer. Xr. Walsh felt the Commission should stipulate that any trees which did not survive two growing seasons be replaced. Mr. Liu did not object to that. 2. PLANNING COMIMISSION UCTOBER 13, 1981 Ms. Fahey asked what recourse she would have if this development caused her to get water in her basement. Mr. Poger noted that if the developer put in a proper system, she would not have problems, but he added that the developer needed an easement across her land, so she might be able to work something out. Mr. Spitz said runoff would probably be less than is there now. Ms. Fahey asked what the building would do to her property value. Mr. Jacob did not feel it would be damaged appreciably, and Mr. Poger noted that this was an R7 zone and the developer was complying with the regulations. Mr. Mona moved that the South Burlington_Planning Commission_ approve the application of Ying Liu for final plat approval of a 17-unit planned unit development on Dorset Street as depicted on plans entitled "Site Plan, sh Abrook_Park",_prepared by<Krebs_and Lansing Consulting Engineers,_^dated __._. %ay 19811__and_"Ashbrook Park", prepared by Eric ,A Davis.,__Arc,hitect, last revised September 20, 1981, subject to the following stipulations: 1. The initial 125 feet of driveway shall be widened to 24 feet, the frontmost parkin; space shall be removed, and curb radii shall be increased to 20 feet on the engineering _plans. _ 2. The fire hydrant shall be located_,just north of the Y intersection 9n_ both sets of plans, or shall be located as approved by _the fire_ chief. 3. The sewage pumping station shall be located on the applicant's Prooerty._ When the City's_collection system is expanded, the development shall be connected to the City system at_that _point and use of the private pum2inf statio _shall be eliminated. 4. Legal documents for sewer and water lines shall be submitted to and approved by the city attorney prior to issuance of the first_building_permit. 5. The city water department shall provide written approval of the plans prior to issuance of the first building permit. 6. A recreation fee of $4,300 shall be provided. \' 7. A landscaping bond of 3% ofthecost ofdi _new builng construction and buildini renovations shall b-e provided. 8. Size of trees in the cedar hedge shall be indicated on the plan and the trees shall be guaranteed for two growing seasons. 9. Sewer allocation for this project is 4,250 gallons per day. 10. A drainage swale shall be provided near the south and east boundaries to divert all runoff away from the "Fahey" property._ An easement must be obtained for construction of this swale. 11. The north roadway and parking area ,shall be reversed so parking is §LdIscent_to the building and the roadway isadjacent to the north property line. 12. A revised final plat, containing_ required changes from stipulations 1, 2, 8 and 10 shall be submitted for approval by the city planner and shall be recorded within 90 days. 13. ?his ap rp oval ezpires in 12 months.` 3• PLANNING COMMISSION OCTOBER 13, 1981 Mr. Jacob seconded the motion. Mr. Poger asked Mr. Liu whether he objected to his recreation fee being used anywhere in the city, as the city sees fit, as long as it is used for recreation. Mr. Liu did not object to that. The motion carried unanimously. Mr. Spitz said the School Board had submitted a letter stating that they would pick up children at this location. The building will look similar to buildings in the development. Mr. 4alsh asked if the sidewalk was cleared in the winter and was told it was. Idr. Poger stated that the Planning Commission appreciated Treetop's efforts in closing the emergency access and in building this shelter. Mr. Mona moved that the south 3urlington_Planning Commission approye the application by Treetop Association for construction of a 6 foot by 10 font school bus stop_shelter to be located approximately 75 feet west of the Treetops main entrance next to and lust north of the sidewalk, subject to the following stipulations: 1. A paved walkway shall be proveded from the bus shelter to the curb at Kennedy Drive. 2. The shelter shall be maintained _by the condominium association.. If maintenance is improper, the city shall have the option to remove the shelter. Mr. Jacob seconded the motion and it passed unanimously. Site plan application by Garden Way, Inc. for renovations to the vacant Grandway store to create offices, a retail store, and storage space for Garden '4ay Mr. Poger said the fire chief had submitted a letter on the project and he added that the "Zoning Board had, several months ago, given its approval to the multiple uses on the site. It was noted that the Oppenlander report indicated that traffic to be generated by Garden 'day would be about 1/2 that generated by the old Grandway store, at peak hour. The state also will be making major traffic changes in this area in the future. Garden Way has the Grandway property, some vacant land in the rear for future expansion, and a right of way across Farrell land. iAr. Sky Thurber, representing Garden Way, said the vacant area had been included in the traffic figures the city was working with. Messrs. Duncan and Lindberg explained the proposal. Mr. Duncan said landscaping in keeping with the Garden 'day idea would be put in, such as edible landscaping. He noted that the parking spaces would be changed from angled spaces to 900 spaces. There will be 20' between parking stalls. The front 15' adjacent to the building will be landscaped. They will keep most of the landscaping close to the building. There will be trees in the curbed island areas. Mr. Duncan said retail customers would enter from the Shelburne Road side of the building and park in front. Garden Way employees would use the CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 18, 1999 Paul R. Morwood 333 Dorset Street South Burlington, Vermont 05403 Re: Footprint Lots, Ashbrook Park Condominiums Dear Mr. Morwood: Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, June 22, 1999 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. 7Si erely, Joe W th, Director Planning & Zoning JW/mcp Encls CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 10, 1999 Paul R. Morwood 333 Dorset Street South Burlington, Vermont 05403 Re: Footprint Lots - Sketch Plan Dear Mr. Morwood: Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, as soon as possible. If you have any questions, please give me a call. Sincerely, r VA--�q Raym nd J. 4Belair, �" Zoning and Planning Assistant RJB/mcp Encls MEMORANDUM To: Applicants/Project Files From: Raymond J. Belair, Zoning & Planning Assistant Re: Preliminary comments, June 22, 1999 agenda items Date: June 10, 1999 ASHBROOK PARK HOMEOWNERS ASSOCIATION - FOOTPRINT LOTS - SKETCH PLAN — sketch plan submitted is acceptable the revised final plat should include metes and bounds information to tie the corners of each building to the property lines. prior to recording the final plat plan, the applicant will be required to record a legal document which indicates that for zoning and subdivision purposes all the lots are to be treated as one (1) lot. EVELYN LAMPLOUGH & WINDJAMMER HOSPITALITY GROUP - 2 LOT SUBDIVISION - PRELIMINARY PLAT the proposed subdivision results in lot #2 having 50 feet of frontage on Williston Road. Section 25.00 of the zoning regulations requires a minimum of 200 feet of frontage. The Planning Commission does not have the authority to approve a lot which does not meet the area and dimensional requirements. DORSET LAND COMPANY - 24 UNIT HOTEL EXPANSION - SKETCH PLAN — applicant will need approval from the City Council to span the City street with the overhead walkway. — indicate gross square footage of building — the Parking Management Plan will need to be amended — the preliminary plat application should include the sewer allocation request and landscaping plan. MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: June 22, 1999 Agenda Items Date: May 10, 1999 DORSET LAND COMPANY - DORSET STREET Walkway clearance to Aspen Drive should conform to State Highway standards as they apply to bridges. LAMPLOUGH & WINDJAMMER - 2 LOT SUBDIVISION The Champlain Water District has a large main across this property. This should be shown on the plans. VERCHEREAU - 2 LOT SUBDIVISION - WILLISTON ROAD 1) The r.o.w. to proposed lot #2 should be 20 feet in width. 2) Water service will require crossing Williston Road unless an easement is obtained to tie into the Cottage Grove main. ASHBROOK PARK - DORSET STREET The lot layout plan prepared by Krebs & Lansing Engineers dated September, 1982 and received by City 4/16/99 is acceptable. 1 MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: June 22, 1999 agenda items Date: May 10, 1999 1) Ashbrook Condo Development 701 Dorset Street Acceptable 2) John Larkin 1545 Hinesburg Road The multi -family buildings should be sprinklered 3) Windjammer Hospitality 1076 Williston Road Acceptable 4) Dorset Land Company 415 Dorset Street The building should be sprinklered 5) Estate of Hortense Verchereau 1366 Williston Road Acceptable Dated 4/16/99 Dated 4/21/99 Dated 4/26/99 Dated 5/3/99 Dated 5/5/99 PLANNING COMMISSION JULY 14, 1981 The South Burlington Planning Commission held a regular meeting on Tuesday, July 14, 1981 at 7:30 pm in the Conference Room, City Hall, 575 Dorset St. Members Present George Mona, Vice Chairman; Kirk Woolery, Peter Jacob, James Ewing, Ernest Levesque Members Absent Sidney Poger, Chairman; Robert Walsh Others Present David :.pitz, Planner; Ying Liu, Erik Davis, Judy Kurd, Lillian & Henry Golovin, John :>toddard, Gerald Marquis, Robert Krebs, James McNamara, :arjaret & Andrew Ryan, James Foreland, Ursula Beauvais, Joe Chastenay, Bonnie Fahey, Gerald Milot, ateve Page, Doug Fitzpatrick, Wilbur Newton, P.rty Tremblay, Jodie Peck, Free Press; Robert Vinson, Ronald Bishop, �;ta,,iley & tiancy McKinley, William & Shirley Hosick, RW and JR Hunt, CL Berti.n, LL and M Terris, John Underhill, Lowell Krassner, Charles Ann Rathes Yi.mzt,:c of July 7. 1981 Mr. Ewing moved to approve the July 7, 1981 minutes and Mr. Jacob seconded. The motion passed unanimously. on Dorset Street near Kennedy Drive Mr. Spitz said the original proposal for this land was at the maximum density of 22-23 units. This figure was reduced at sketch plan and has been further reduced to 13 new units and 4 existing. The setback from the Interstate is the required 150' and there is nothing in the 100' setback from Potash Brook. irr. Spitz said it was unclear whether the setback from the Interstate ramp should be 150'. The Commission approved a closer setback for the Chastenay building next to this and this developer has proposed 30' to where the drive comes in. Mr. Spitz felt this was OK, given the site limitations. The other question is where the entrance should be and Mr. spitz said he did not feel it should cross Potash Brook, but should be across from the Wessel entrance. He felt this entrance should have the same radii as the Wessel property. ,Mr. Davis was the architect on the project. He said the road would have a maximum of a 6j-' slope. They have tried to disturb the least possible amount of ground and vegetation. Mr. Davis asked 'now the board would like the drainage handled and was told it should be worked out with the city engineer. Mr. Davis said the steep slope would be heavily planted with junipers to help prevent erosion. Mr. Mona asked about the "future pond" note on the plan and was told that the developers just wanted to know if there would be any o::jections to such a thing. It has not been decided to put one in, but the contours show that it would be easy to do so. The pond would not be for the collection of storm water. Mr. foolery saw no problem from the city's point of view and :sir. Ewing agreed. Mr. Mona felt the natural Resources Committee 2. PLANNING COi�I1%:ISSION JULY 14, 1961 :should be informed of the suEgestion. 1'r. Davis said they would have less than 112 acre of parking, so he did not think they would have to treat storm water. Mr. Spitz said that should be checked with the otate. Ar. Mona asked the width of the road betwee4arked cars and was told it was 20'. It will be 24' wide to the "Y" and since there will be two directions for fire trucks, Mr. Spitz felt 20' was enough in this case. lr. Mona noted that some parking spaces faced the Chastenay building, but it was noted that there would be landscaping in that area so headlights would not shine on the building. Red sines will be planted. Mr. Mona said the 20' wide road bothered him. The units will be two -bedroom, townhouse style units. Mr. Liu was not sure whether they would be apartments or condominiums, but he felt it would probably be the latter. Mr. Ewing asked if the fire chief was satisfied with the 24' road the first 200' and was told he was not totally happy. He would prefer 24' all around, but that is not possible to the north of the building, "ir. Spitz said. Mr. ,Mona felt the constraints on the north would require snow removal in the winter. It was noted that 24' was possible with diagonal or parallel parkin. There will be 37 parking spaces, but Mr. Spitz has suggested that the first one be removed. The Commission wanted to be sure the neighboring land did not suffer from any runoff of earth or water during construction or after. Mr. Davis was aware that sewage would have to be pumped. '.Tr. Mona said the decision on how to handle runoff might cause a change in layout, but Mr. W oolery felt all it might change would be the road pitch. 1;ona noted that he was the only one who was bothered by the 20' road width beyond the "Y". t;r. Levesque asked for the shoulder to be widened along the road, for a bike: path. I01r. Spitz said that preciously, it had been noted that this lot and the one to the north should share a drive and there was a stipulation to that effect. He felt that would be a mistake because landscaping would be lost and the site does not lend itself to that. Ms. Bonnie Fahey is the neighbor to the south and she said she was concerned because one of the buildings will look into her bedroom. 0,he also noted that if the people in the apartments were not nice, she could ;;ot just move. There is a 30' separation between the buildings, it was noted, and there is also a 4' change in elevation, approximately. Mr. Davis said evergreens could be put along the property line. Mr. Ewing said the building in question could not be relocated. 'Mr. ,•loolery moved that the South Burlington Planning; Commission approve the preliminary plat application by Ying Liu for a 17 unit multi -family development, includinu; 4 existing units, on Dorset Street as depicted on a )Ian entitled "Ashbrook Park", prepared by Erik A. Davis, last revised July 7_, `l981 , subject to the followirg stipulations: 1. Compete drainage _information shall be submitted with the final plat application.• 2. Curb stops or a C.rassed strip at least two feet in width shall be provided to prevent overlap of Larked cars onto sidewalks. 3. The driveway shall be increased to twenty-four feet in width from the entrance point to the Y-intersection. Curie radii at the driveway 3. PLANNING COMIMISSION JULY 14, 1981 entrance shall be at least 20 feet. 4. The frontmost parking space shall be re:zoved. 5. Finished slopes shall not exceed a 2:1 grade. If any proposed fill will Eo onto the adjacent property to the east a construction easement will be necessary. 6. If a retention pond is required by the .state, landscgtping information for the pond area shall be submitted with the final plat application. 7. One hydrant shall be provided at a location as approved by the Fire Chief. 8. All required easements and other legal data shall be submitted along, with the final plat application. 9. If there is to be a pond, consideration of it should be reviewed by the Natural Resources Committee. 10. The applicant will provide adequate the_pro,)osed 4 units and the existing dwellin lanted screening between to the south. Mr. Ewing seconded the motion. Mr. Ewing felt the developer should be aware that if the fire chief did not like the 20' road, there might be some problems connected with it. Mr. 'ona naid the Commission would take the chief Ia recommendation under advisement but would decide what to do itself. Mr. Jacob noted that there were two ways to go around the buildings. Mr. Woolery said it was unfortunate that this land had been zoned R7, but it was, and he did not see how a much better layout could be devised. The motion carried with Mr. :Iona voting no. He stated that he opposed it because of his concern for the road width and the steepnessrelative to the fire chief's concerns. Application by Robert Ryan et al for preliminary plat a)Troval of an 84 unit subdivision entitled Winding Brook, on Hinesburg Road and Kennedy Drive Mr. Seitz said the land had been proposed for the maximum density. The city engineer has expressed some concerns about drainage under Hinesburg Road. The situation in the area is bad and has recently backed up. He feels it could flood out the entire proposed development area. The State has no immediate plans to deal with the problem, and someone must have a talk with them. As far as density, Mr. :spitz said that due to the CO zone and the steep slope on the east, one area of the land is not developable. On the other side also is some land which is not developable. Tatting those areas out leaves 7.6 buildable acres, not the 12 the developer has used for calculating. density. Using; 7.6, 53 units would be allowed. On that basis, Mr. Spitz felt the density should be somewhere between 53 and 84 units and there are some criteria in the PUD to say how to obtain credit to increase the units. Mr. Robert Krebs, representing Ryan, said that if the undevelopable land were taken out, no one would touch this land and he felt the develo:ment had positive aspects. They meet all the required setbacks. The brook is 85' from the property line at the closest point and the elevation change is about 181. He did not feel the developed area would be flooded if the 3. PLANNING COMMISSION MARCH 24, 1981 thereon, prior to issuance of a building permit. 10. This approval expires in 6 months. Mr. Jacob seconded the motion. Mr. Poj1er wanted the parking spaces in front paved last, but Mr. :3chner csnid thane would be for cuntomors and pon:3ibly the preoident. Mr. :.spitz noted that the requirement of 50 , green area in the front was met by this plan. Mr. Ewing preferred to see the front spaces left unpaved for now. Mr. 4alsh did not object to paving them. Mr. Woolery suggested paving, half of them. Mr. Mona did not care either way, Mr. Levesque did not see the problem and Mr. Jacob said he was glad to see that maple trees instead of locusts were proposed, so he would go along with paving. The Commission wanted the sidewalk built now, "city administration" was any one of the City Engineer, Planner, etc., and the motion passed with no dissenting votes. Application by Harold and Janice Brown for sketch plan review of a 3 lot subdivision on Williston and Shunpike Roads Mr. ipitz showed slides of the area. The property has no direct access to Kimball Avenue and access to Williston Road would be hard. Access now is proposed from shunpike Road. The CO zone for Potash Brook does not affect this property. Zoning is industrial. Mr. ferry said there would be 6 lots and they are all in excess of 80,000 sq. ft. Mr. Spitz noted that if the plan were approved, some truck traffic would have to be allowed on part of bhunpike Road and the signs which now prohibit that would have to be moved. Mr. Poger asked about a right of way to Kimball Avenue. Mr. Perry said that some of the lots might be combined, and reserving a right of way through to the rear might restrict the usefulness of the land. Mr. Poger asked that the possibility be explored and said that if access were from Kimball Avenue, the access to Shunpike would be eliminated. Mr. Ewing noted that a right of way along the brook would leave a lot of the land intact. The right of way might be considered now for implementation in the future when the land in back of this area is developed. It was also noted that the entrance to :shunpike Road might be moved from where it is shown now and that the applicant might be asked to widen the road from the entrance down to Williston Road. Mr. Ewing mentioned perhaps requiring a turning lane on Williston Road, or a widening of the road along this property's frontage on Williston Rorid. Possibly swapping some land with the animal hospital to get a better road and lot layout was discussed. The use proposed was fine and the Commission had no problem with the lot layout, but they wanted alternate access explored. Mr. Mona stated that the Commission would have to seriously consider the uses to go on the lots behind the existing residential homes - he wanted them to be high quality uses. Mr. Woolery added that the Commission would probably ask for a screen between the homes and the industrial uses. Application by Yi.n. Liu for sketch plan review of 16 additional multi - units 4 units are existing on a 3 acre parcel south of Kennedy Drive west of Dorset Street Mr. Spitz showed the location on some slides. The land is zoned R7, is 3.4 acres, and 16 multi -family units will be added to the 4 existing. 4. PLANNINC CU?dMISSION MARCH 24, 1981 Proposed are 2 bedroom units, some flats and some townhouses. The existing house will be renovated. 40 parking spaces for the 20 units are proposed. Mr. Poger felt that access was in a bad place here and he said that multiplying the 4 units on the land now by 5 in an area with a slope like that and with the traffic there did not seem like a good idea. He felt that, as far as safety, that area would not be able to handle 20 units, in his opinion. lie felt that cars passed.the site very fast, going either up or down the hill. Mr. Ewing asked about a common access with the property to the north and Mr. Spitz said he would look into it. Having the entrance to the property farther south, beyond the brook, was mentioned. Thin would be off the slope and farther from the major intersection. Mr. Ewing; asked that that be checked into. Mr. Poger still felt 20 units was too many. Mr. Ewing felt the board needed a topo of the area. Mr. Poger suggested about 112 the number of units proposed. Mr. Spitz was not sure the access farther down the hill would be feasible. Application by San Remo Realty Corporation for site plan approval of a 12,000 square foot office buildini; at 140 Kennedy Drive Mr. Spitz showed the area. It has been cleared and filled, but there is still a drainageway through it. The Commission gave approval for the filling about 2 years ago and one stipulation at that time was that there be no building over the culvert. That has been observed here. The area is zoned R7 and the Zoning Board gave apl%royal for an office use last month. Mr. i+oolery noted that the curb cut had not yet been closed, and that was a stipulation of the last approval. Mr. Poger noted that traffic reports indicated that the area was below level of service C in some cases and he said that would have to be considered. Mr. Ron Bouchard raid they would share the access with the office building next door. The building will contain 12,OuU sq. ft. and be two stories tall. They show 49 parking spaces. The lot is 2.1 acres with 305' of frontni;e. They propose parking spaces of 9' x 181. The Planner has asked for spaces of 9' x 20' and the ordinance calls for 10' x 16'. Mr. Spitz said the practice of the Commission had been to require 9' x 201. Mr. Poger felt the ordinance should be changed to agree with the practice. Mr. Bouchard said the use would be general office uses. One person wants half the building and has 15 employees. Mir. Spitz said his calculations showed 58;-b' of the front area paved, which is above the 5% maximum. He also felt a need for 48 parking spaces. Mr. Bouchard noted that the plan had been changed a couple of times. There were discrepancies between Mr. Bouchard's and Mr. Spitz' figures, and Mr. Poger noted that he was not sure which figures were accurate, so he felt this should be taken care of and the application considered again at another meeting. Mr. Woolery asked that there be extra plans for the members to look at. Mr. Woolery moved to continue the application of San Remo Realty Corporation for site plan approval at 140 Kennedy Drive until two weeks from tonight at City Hall at 7:30 pm. Mr. Mona seconded, and the motion carried unanimously. Mr. Levesque was concerned about drainage and how that would affect the church behind this land. Pq6A BUOY.. May 7, 1986 G.M. Fahey 703 Dorset Street South Burlington, Vermont 05401 Re: Ashbrook Dear Mrs. Fahey: This letter will confirm our conversation of this date regarding your drainage problem which may result frcm the construction of Ashbrook. The matter has been turned over to Mr. Szymanski the City Engineer and Mr. Audette the Highway Superintendent. Both should be investigating your claim to the drainage problem. With regards to your leach field, as stated, you may have a problem which is not directly related to the new construction. I suggest that you contact one of the people asso- ciated with the installation and maintenance of on site sewer systems. Your poplar trees and privet bushes should be checked by Bill Hall, the county forester to determine why they dies. It is also my understanding that Mr. Liu agreed to replace the poplar trees and to date he has failed to comply. Again, I _suggest that you contact a legal consultant and discuss any liability which may result from the Ashbrook project. I feel tht you should see some results frorn the District Environmental Coordinator in the near future. Hopefully, with the people that are involved with this matter you should have answers to sane of your probl ns Very truly. Richard Ward, Zoning Administrative Officer RW/mcp STATE OF VERMONT A5N rAkK AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE CASE NO. 4CO511 LAWS/REGULATIONS INVOLVED APPLICANT Ying H. Liu ) Vermont State Board of Health ADDRESS 40 Highland Terrace ) Regulations, Chapter 5, Sanitary So. Burlington, VT 05401 ) Engineering, Subchapter 15, Plumbing (Exterior Sewer and Water Only) This project, consisting of construction of 13 new two bedroom condominium units and the rehabilitation of 4 existing units for a total of 17 two bedroom units referred to as Ashbrook Park to be served by municipal water and sewer located on 3.34 acres of land on Dorset Street adjacent to I-89, and Kennedy Drive in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above, subject to the following conditions: (1) The project must be completed as shown on the plans prepared by Krebs and Lansing, Consulting Engineers, dwg. #1, dated May 1981, revised 10-8-81, 10-12-81 and 1-25-82; dwg #2 dated 9-10-81, revised 1-25-82; dwg #3 dated September 1981, dwg #4 dated 9-14-81, revised 1-25-82, 4-6-82, and which have been stamped "APPROVED" by the Division of Protection. No alterations of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. (2) A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon requett, shall be made available for inspection by State or local personnel. (3) A professional engineer, registered in the State of Vermont, is to super- vise the installation of the exterior wastewater collection system and water supply system, and upon completion of construction, but prior to the occu- pancJ!t.of any building, the engineer is to make written certification to the Division of Protection, stating all work was completed in accordance with the stamped approved plans. (4) In associW on.,with Condition #4 stated above, the engineer's certification is to include, but not be limited to, the dates of inspections, items inspected, and the results of infiltration/exfiltration testing of the man- holes, gravity sewer collection system, and water distribution system. (5) Prior to construction of any unit, complete and satisfactory plans for the interior waste and water distribution plumbing and interior ventilation for each unit are to be submitted to, and written approval received from, the Division of Protection.- If the applicant wishes to commence site work, a written request is to be made to the Division of Protection outlining the work to be undertaken, at which time permission can be granted with the understanding that no construction of the buildings will be allowed until the interior plans have been approved. Certificate -of Compliance 4CO511 Page 2 (6) The sewage pumping station shall be operated at all times in a manner that will not permit the discharge of effluent onto the surface of the ground or into the waters of the State. Dated this 4th day of May, 1982 FOR THE DIVISION OF PROTECTION in the Town of Essex Jct., Vermont 4Js F. Agan, PE, s�tReg. Eng. st P6 -. Ch�i'anson, Reg. Engineer JFA/bmg/EPC cc: P. Howard Flanders Ernest P. Christianson Katherine Powers City Planning Commission Bob Krebs, PE enc. AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET TOTAL #DEC PERMITS THIS IS NOT A PERMIT , PRE -APPLICATION REVIEW RESPONSE DATE � PENDING APPLICATION # ZZ- - d,2 ,2 DISTRICT_ i f TOWN _ 4i IrH zawlINGfo.'tJ PIN # - 0/07 OWNER OF PROJECT SITE: NAME:_ ' */ 4 n� k�/lci LvfT/ ADDRESS: 70/ r`, vr# &llll!/U6rv'i1, V;'- OW03 TELEPHONE:�[yt'd) 6,6_Y- �G7 APPLICANT OR REPRESENTATIVE.- NAME. - ADDRESS: TELEPHONE: Based on information provided by 1W6 ic,9Tlu;y received on -l�4, 7 % a project was reviewed on a tract/tracts of land of I acres, located on dY 3r�C�T The project is generally described as: vF z4vif i5- 0G Prior Permits From This Office.- 11 t C�r�av?cLir�e���5 E. PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION I. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal project, Length of new/improved road(s) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: _YES NO; COMMENTS: Copies sent to Statutory Parties: YES NO - 000�1 ENVIRONMENTAL COMMISSION 1�.. �..�.� a� � �w S"6A AJ-,. ,,r,�,�-1. DISTRICTS #4,6 &9 a �'� 4te ✓AAA VtA • 111 WEST STREET SIGNATURE: DATE: Z Z DRESS: ESSEX JUNCTION,VT 05452 AD Dis ct Coordina r Telephone: (802)879-5614 2 WASTEWATER MANAGEMENT DIVISION R GIONAL OFFICE: PERMIT/APPROVAL REQUIRED ✓ YES NO Water Supply & Wastewater Disposal V Subdivision &/or Exemption Tent/Travel Trailer Campground Mo ile Home Park Floor Drain UIC Deferral of Subdivision REGIONAL ENGINEER ASSIGNED: /f4TJryM61u%�/ — ( ) Sewer Extension A&U467.�LAGENCY OF NATURAL RESOURCES SIGNATURE: t�titL' � gc DEPT. OF ENVIRONMENTAL DATE: ADDRESS: CONSERVATION Environmental Assistance Division 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION,VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: Discharge Permit; pretreatment permits; industrial, municipal Stormwater permits (state and federal, UIC) Indirect discharge permit Residuals management sludge disposal OVER OTHER PERMITS AND REVIEWS YOU MAY NEED: (Continued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines (? 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Well head protection areas Construction Permit, water system improvements Contact: Bottled Water Permit to operate New Hydrants New Source 6. WATER DUALITY DIVISION, ANR Contact: _ Hydroelectric Projects (241-3770) Use of chemicals in State waters(241-3777) Shoreland encroachment (241-3777) Aquatic nuisance control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate; (241-3770) Stream Alteration (748-8787/786-5906) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous waste treatment, storage, disposal facility certificate (241-3888) Underground Storage Tanks (241-3888) Hazardous waste handier notification requirement (241-3888) Asbestos Disposal es (24 - 4) 44) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Composting Facilities certificate (41- Disposal of inert waste, untreated wood & stumps (241-3444) HW transporter certificate (241-3888) Waste oil burning (241-3888) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11 DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# Sprinkler Systems _ Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) �P Gas Storage _ Storage of flammable liquids, explosives Boilers and pressure vessels _ Plumbing in residences served by public water/sewer with 10 or more customers 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control &lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Child care facilities (241-2158) Nursing Homes (241-2345) Contact: Residential care homes (241-2345) (Dept. of Aging & Disabilities) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828 2653) Junkyards (828-2067) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2760) _ Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Use/sale of pesticides (828-2431) Milk processing facilities (828-2433) Goff courses (828-2431) Green Houses/Nurseries (828-2431) Contact: Slaughter houses, poultry processing (828-2426) Animal shelters/pet merchant/livestock dealers (828-2421) Weights and measures, Gas Pumps, Scales (828-2436) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. DEPARTMENT OF PUBLIC SERVICE (800-642-3281) VT Residential Building Energy Standards (See Enclosure) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3226) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION; OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) REVISION DATE: — Form Date 11/9 25. OTHER: Rev. 7198 State Of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fish and Wildlife. Wastewater Management Division Department of Forests, Parks and Recreation Essex Junction Regional Office Department of Environmental Conservation 111 West Street Essex Junction, VT 05452 (802)879-5656 April 15, 1999 James & Mary Celotti 701 Dorset Street, Unit 15 South Burlington VT 05403 Subject: EC-4-2252, Ashbrook Park -- Permit footprint of previously approved Unit 18, 16' x 28' mun. water& sewer. located on Dorset Street in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #1393 on April 6, 1999, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. PLEASE SUBMIT- THE NUMBER OF BEDROOMS FOR YOUR UNIT. Sincerely, Irene L. Roberge DEC Regional Office Coord. c City of South Burlington Planning Commission Marc Wiener, Esq. 1 • , ♦ r 1 � ,,•.;;,� ,; � � �I�U. � .- t 1 1 1 1 Ulu 1►! :_ 1 1 all I Lei OM&G1110 =1 Summer Woods Community Association, Inc., owner of the common elements of the Summer Woods Planned Community, hereby gives notice that pursuant to a final plat approval of the South Burlington Planning Commission, dated January 13, 1998, the land under the footprint of each unit comprising the 38-unit planned residential development (PRD) located on Lot A, as depicted on a plat entitled "Building Locations Summer Woods Arbor & Larch Roads South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers, Inc., dated December 5, 1997, revised January 5, 1998, and recorded in Map Volume 4 01 at Page � [ of the City of South Burlington Land Records, together with the land under the two duplex units located on Lots B and C, respectively, as depicted on said plat, shall be treated as follows: (1) The land under the footprint of each unit comprising the 38-unit PRD shall be considered to have merged with and be treated as a portion of said Lot A "common land" for the sole and exclusive purpose of determining the Association's compliance with the City of South Burlington Zoning Regulations. (2) The land under the footprint of the Lot B duplex unit shall merge with and be treated as a portion of said Lot B "common land" for the purpose of measuring compliance with the City of South Burlington Zoning Regulations. (3) The land under the footprint of the Lot C duplex unit shall merge with and be treated as -a portion of said Lot C "common land" for the purpose of measuring compliance with the City of South Burlington Zoning Regulations. Notwithstanding the foregoing, said "common land" Lots A, B and C shall not, themselves, merge under this Notice of Conditions. None of the "common land" lots may be further subdivided, nor the building lot configurations therein and thereon be modified without specific advance written approval by the City of South Burlington Planning Commission. Dated at South Burlington, Vermont, this aO_ day oWC,998. SUMMER WOODS CONDOMINIUM ASSOCIATION, INC. By: ��tiveBoard M�em��jr���� Executive ,goardPMem�be� Executive Board Member CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VER:MONT 05403 (802) 846-4106 FAX (802) 846-4101 February 18, 1999 Randall Whitcomb, President Ashbrook Homeowners Association B I Ashbrook, 701 Dorset Street South Burlington, Vermont 05403 Re: Subdivision Violation Dear Mr. Whitcomb It has come to our attention that the Ashbrook Condominium project was converted to a townhouse regime in the mid 80's. A townhouse regime involves the sale of a footprint lot whenever a unit is sold. Since the City has never approved the creation of these footprint lots, the entire development is in violation of the subdivision regulations for having created lots without subdivision approval. Please contact me at your earliest convenience so we may discuss this matter and I can explain the procedure necessary to obtain the necessary approvals. Sincerer-1, ltaym nd J. UBelair, Zoning & Planning Assistant RJB/mcp AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS I PRE -APPLICATION REVIEW RESPONSE DATE PENDING APPLICATION DISTRICT_ TOWNCTO!✓ PIN # E S- O G OWNER OFtt PROJECT SITE: NAME: ,J TL2L/3 , Y//UL Z&-VCRCy/ PG-72 yt? ADDRESS: TELEPHON APPtfeAlff-erR REPRESENTATIVE: NAME: 1011ye.)1 CCCL 3 'r�46(3 ADDRESS: 200 %v LL[SfOsJ 440 VT 052103 TELEPHONE: (gyA)'n'5- Based on information provided by /4M_1Ci-Mg1'V received on /D $ of land of . 0 acres, located on _ 701 V OIN—r .S�eT . V _ 75 a project was reviewed on a tract/tracts The project is generally described as: E H11 1-CrPr''1Vi 4� "OCevicct.sey )We,,414W i7WAhA61,W- Prior Permits From This Office: <jCUS lI ? d-mei7cl ne"k, �GIgJFi PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal project? Length of newlmproved road(s) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: x_YES NO; COMMENTS: Copies sent to Statutory Parties: YES NO n ,. rK n �w�y^, �- � � �,,�1�4 r f 4dj ENVIRONMENTAL COMMISSION 'P[aa� � '(J04K 4 �"' G""'"' � ` a '1 ' DISTRICTS #4,6 &9 sRx r A� a 174 �d� , ' �- Vvgk'e � 4-� b KPA 111 WEST STREET SIGNATURE: ESSEX JUNCTION,VT 05452 DATE: 0 $ ADDRESS: istrict Coordin for Telephone: (802)879-5614 .WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED >/ YES NO Water Supply & Wastewater Disposal ,/ Subdivision & c-&�ion Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park _Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: /iU(�Ci.�c�i �I�6iGo5lC / AGENCY OF NATURAL RESOURCES SIGNATUREd �h . xtie cD DATE: // 9b' DEPT. OF ENVIRONMENTAL ADDRESS: CONSERVATION Environmental Assistance Division 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION,VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: Discharge Permit; pretreatment permits; industrial, municipal Stormwater permits (state and federal, UIC) Indirect discharge permit OTHER PERMITS AND REVIEWS YOU MAY NEED: (Continued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines (> 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: Weil head protection areas Bottled Water New Hydrants - Construction Permit, water system improvements Permit to operate New Source 6. WATER QUALITY DIVISION, ANR Contact: Hydroelectric Projects (241-3770) Use of chemicals in State waters(241-3777) Shoreland encroachment (241-3777) Aquatic nuisance control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate; (241-3770) Stream Alteration (748-8787/786-5906) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous waste treatment, storage, disposal facility certificate (241-3888) Underground Storage Tanks (241-3888) Hazardous waste handler notification requirement (241-3888) Asbestos Disposal (241-3444) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Composting Facilities (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) HW transporter certificate (241-3888) Waste oil burning (241-3888) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Sprinkler Systems Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (241-2158) Residential care homes (241-2345) (Dept. of Aging & Disabiiities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2067) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2160) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Goff courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. DEPARTMENT OF PUBLIC SERVICE (800-642-3281) VT Residential Building Energy Standards (See Enclosure) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3226) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) E22. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/soiid waste OCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) 25. OTHER: REVISION DATE: — Form Date 111 Rev. 7198 State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist November 9, 1998 Stella, Paul & B. Cooper c/o Ward, Kelley & Babb 3069 Williston Road South Burlington VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802)879-5656 Subject: EC-4-2219, Ashbrook Park -- Permit footprint of Unit #5 prev. approved townhouse mun w/s 16' x 28' located on 701 Dorset Street in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #3657 on October 28, 1998, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. PLEASE SUBMIT INFORMATION ON THE NUMBER OF BEDROOMS IN UNIT #5. Sincerely, Irene . Ro rge Administrative Secretary c City of South Burlington Planning Commission EKIK A. DAVIS A R C H I T E C T I HARDSCRABBLE ROAD BRISTOL, VERMONT 05443 (802) 453-3164 BUSINESS OFFICE:109 SOUTH WINOOSKI AVENUE, BURLINGTON, VERMONT 05401 • TELEPHONE (802) 658-4696 September 27, 1982 1-,.r. Davin Spitz, Planner South Burlington Planning Commission Municipal Building South Burlington, Vermont 05401 Dear David; Re: Ashbrook Park Condominiums (Air. Ying Liu) South Burlington, Vermont As per out telephone conversation earlier this month, I wish to inform you that Mr. Liu has advised me that he does not intend to persue the above mentioned project as designed by me. Any drawings which you may have related to this project and designed by me, are thus invalid, and I request that they be returned to me as soon as possible. Specifically, Mr. Liu has informed me that the unit sizes will be changed from that shown on the site plan, as well as the design of the individual units being changed. Thus, both the site plan and the architectural (floor plans and elevations) drawings are invalid. Please note thatthe plan$ and elevations ha has submitted to you are stamped "PRELIMINARY -NOT FOR CONSTRUCTION* and thus should never have been used to obtain construction permits. In addition, I wish to inform you thst I have advised mil attorney to proceed with litigation against 14r. Liu for breach of contract. sincerely, rik A. Davis cc: Yr. Ying Liu fir. Kenneth Geduldig, Attorney at Law September 18, 1983 Mr. Ying Liu 40 Highland 'Terrace South Burlington, Vermont 05401. Re. Ashbrook Park Dear Mr. Liu: I understand that the City Planner and yourself were discussing a possible revision in your building layout prior to his leaving. The concerns at that time were maintaining the proper setback from Dorset Street and the minimum side yard on the southerly line. According to data sutnitted on a plan dated August 5 and 18, 1983 these minimum dimensions are confQrjrdna. These minor changes are acceptable to this office. A revised mylar print iiiust be recorded with the City Clerk. If you have any questions please don't hesitate to call me. Very truly, Richard .lard, Zoning Administrative Officer MlIffC9 September 15, 1983 VIr. Ling Liu 40 Highland Terrace South Burlington, Vermont 05401 Dear YIr. Liu: Both the City a6d State requires certification by a professional engineer that the construction conforms to the approved plans. Except for some, stake- out work when called upon your Engineer, Bob Krebs, does no inspection work to see that the work is being done in accordance to the aj:)proved plans. This was brought to my attention when I observed sewer pipe being installed before the proper bedding is placed in the trench as required and shown on the approved plans. Please conform to the above stated requirements. Sincerely, 4C., r-5 . i-%dlliam J. Szymanski, City Manager wig/rcg 1 Encl March 9, 1983 Yinq Liu 40 Highland Terrace South Burlington, Vermont 05001 Dear Mr. Liu, At its IN'larch 8, 1983 meeting the South Burlington Planning Camission agreed to extend the expiration date for your Ashbrook Park developient until March 8, 1985. You must plan to obtain all building permits defore that date. Please call if you have any questions. Sincerely, David H. Spitz, City Planner DHS/ocg 16 Feb. 1983 Y. Iiu 40 Highland terr. So. Burlington, Vt. 05401 Mr. David Spitz City Planner City of So. Burlington 575 Dorset St. So. Burlington, Vt. 05401 Dear David, Re: Ashbr oo k P Project Your letter of Feb. 11, 1983 has been received. Thank you for letting me know about the expiration date. 1 would like to apply to the Planning Commission for one extension of the expiration date. Very truly, Pyi August 5, 1982 Mr. Ying Liu 40 Highland Terrace South Burlington, Vermont 05401 Dear Mr. Liu, The escrow agreement submitted by you to this office is not satisfactory to the City. This agreement must be submitted in triplicate with all copies signed by you as the developer and Mr. Charles Cobb as the bank. Under paragraph #1, you :must spell out the improvements to be completed under the terms of the agreement. In this case the improvements are landscaping in conjunction with phase I (remodeling of four existing units). Enclosed is a copy of the agreement with changes. Please retype the agree- ment and return the original with two copies, properly signed to this office. Upon completion we will issue the permit necessary to remodel the existing units. This office has attempted to contact you by phone, however, you have not been available. Very truly, Richard Ward, Zoning Administrative Officer W/mcg. 1 Encl City of South Burlington WATER DEPARTMENT 400 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL. 864-4361 February 12, 1982 Mr. Ying Liu 1 Highland Terrace South Burlington, Vermont 05401 RE: Ashbrook Park Dear Sir, This is to inform you that your proposed development will not place a burden on or hamper the ability of the South Burlington water distribution system to serve its existing customers or your development. Your 8" connection will be to the 14" main on Dorset Street which is less then one mile from the Champlain Water District's 1.5 million gallon storage tank on Dorset Street. The 14" main has a static pressure of approximately 84 psi. If you have any questions please do not hesitate to give me a call. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Robert L. Gardner Superintendent CC: W. Szymanski D. Spitz �.•-- City of South Burlington WATER DEPARTMENT 400 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL. 864-4361 October 27, 1981 Robert C. Krebs Krebs & Lansing Consulting Engineers, Inc. Shelburne Road Shelburne, Vermont 05482 RE: Ashbrook Park Dear Sir, I have reviewed the plans and specifications of the above referenced project and have granted a conditioonal approval. This approval only applies to the proposed water main and its related appurtenances. I have made a few notes on the plans to clarify this approval. However, th`e location of the proposed sewer force main is not acceptable to this department in general and specifically where it passes between the existing hydrant on Dorset Street and the water main. Therefore, prior to the start of construction plans must be submitted to this office for final approval. If you have any questions please do not hesitate to call. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Robert L. Gardner Superintendent c: William Szymanski David Spitz PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 February 18, 1986 Mr. Ying Liu 40 Highland Terrace South Burlington, Vermont 05401 Re: Performance bond Dear Mr. Liu: ZONING ADMINISTRATOR 658-7958 Regarding your request for release of the performance bond presently on file with the City. Be advised that the City will not release the bond until we are assured that all plantings survive. About the end of May 1986 we will inspect all plantings, it will be at that time that we will consider release of the bond. We also have concerns about the plantings which were removed from the Fahey property. In a letter to you, Mrs. Fahey stated that you have removed six privet bushes, a poplar tree and a tiger lily plant. These plantings should be replaced this spring. If you have any questions, please don't hesitate to call me. Very truly, c<-z Richard Ward, Zoning Administrative Officer RW/mcp JAL 703 Dorset Street South Burlington, VT 05401 November 25, 1985 Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05401 Dear Sirs: Enclosed is a copy of the letter I sent to Mr. Liu in regard to infringe- ments he has made, in his construction process at 701 Dorset Street, on my property at 703 Dorset Street. I have spoken to Mr. Szymanski and Dick Ward, on a number of occasions, about these problems. I was informed by both, that the city would make sure the drainage problems would be taken care of. To date it has not been. It is my understanding that Mr. Liu is planning to move, with his family, to Arizona soon. My concern is that I will then be stuck with this problem that should not even exist. I feel that I have been patient with Mr. Liu, knowing that construciton brings on unforeseen problems. However, when I have spoken to Mr.. Liu, over, the past two years, he has always assured me the problem would be taken care of, but it never has been. Since much of these problems were foreseen and addressed by the Planning Commission in the plat approval, I would like the opportunity to come before the commission and review the plat approval requirements and hear what the Commission will do to make sure that Mr. Liu conforms to those requirements. I can be reached, during the day, at 658-0800, Ext. 394 and in the evening at 863-3557. I appreciated your interest in my concerns at the time of the approval, and I look forward to hearing from you and setting a date to meet with the Planning Commission. Sincerely, G. Marilyn Fa ey /I L Enclosure. November 19, 1985 Mr. Ying Liu 40 Highland Terrace South Burlington, VT 05401 Dear Mr. Liu, I would like to review with you the items that we have discussed at various times over the last two years. These are items that have been disrupted by your construction at 701 Dorset Street (Ashbrook Condominiums) and you have on several occasions said you would correct them. To date none of it has been done: 1. Drainage across my front yard. a. By taking the ditch out, that ran along the road to the north of my property, you eliminated a place for drainage from the road and your driveway to go, except across my property - causing erosion and pooling on my property. b. The angle of the parking area, also along my north boundary, is such that water drains toward my property, causing excessive amounts of water on my property. Both of these situations must be corrected before they cause any more damage to my property. Every time it rains more of my driveway gets washed out, a problem I have never had in the twelve years prior to your construction. Also last spring I had a very serious mud problem -- a situation I had not experienced before your construction. 2. In the process of eliminating the ditch (see number 1) you dug up my driveway without notifying me and in so doing, destroyed six Privet bushes that I had just planted. You also removed one Poplar tree and one large Tiger Lily plant. I want the Privet bushes and the Tiger Lily replaced. I will address the Poplar tree in number 3. 3. With the digging and filling and change in terrain on your property a row of Poplar trees on my north boundry have all died. I would like those trees removed and replaced by cedar or fir trees along that boundary. (This is something we have talked about on several occasions over the past two years and which you said you would do.) At present, one of those trees has a sever split in it and is in danger of falling, so needs to be removed immediately. 4. When water runs off the roof of the building to my north, it is not properly drained and has caused excessive moisture in my cellar. I would like proper drainage installed (a. requirement of your building approval.) 5. You agreed, and are required by the City of South Burlington, to have a cedar hedge between our properties. A number of those trees have died and they need to be replaced. page 2 6. When you started to build on the west side of my property you put in a lot of fill, however, failed to put in a retaining wall before starting to fill. The sand fell onto my property and when it rained I had a "river" across my back yard with a great deal of sand carried onto my property. I have a septic system and my concern is that sand has filtered into my leach field and is causing septic problems (back up and seepage). When I brought this to Josephine's attention, she said the sand would be removed, top soil applied and seeded. Heavy equipment was brought onto my property, without first informing me. My Vetch was destroyed and I have concern that my leach field may have been further damaged. I want the Vetch replaced and should the problem with my septic system prove to be due to damage created by your construction, and heavy equip- ment, I expect you to repair it. I question whether top soil was ever put down, the soil looked like primarily sand to me. After your workers scraped off my top soil, in the process of removing your sand, the ground level was not brought back to the same level it was originally. There is still drainage all along the retaining wall and to the south of it. All this needs to be corrected. In review, the following items need to be corrected as soon as possible: 1. Poplar trees removed and replaced with either cedar or fir. 2. Tiger. Lily bush replaced. 3. Six Privet bushes replaced. 4. Vetch replaced. 5. Drainage around all the property corrected. 6. Top soil in the back yard to its original level and reseeded. 7. Accountable for -the leach field, should it prove to be broken or clogged due to sand or the equipment run over. it. Should you care to discuss this further, please contact me at 863-3557 evenings. Sincerely, G. Marilyn "�eyy 703 Dorset Street South Burlington, VT 05401 cc: Carl H. Lisman, Esq. William Szymanski, City Manager. Planning Commission, So. Burlington Jim Dodge, Inspector, Environmental Agency Stafford Davis, Esq. r ir,IC iriwiNG :�Utlltl fs(11tf,fllC:lUN i'1/WN1NC; 0 MISSION The South Burlington Planning Cor=issior, will hold a public hearing at the SA)uth Burlington City Hall, Conference Ioom, 575 Dorset Street, South Burlington, Vorcont on Tuesday, July 14 , 15�81, at 7:30 P.M. to consider the following: 1) �ju�lir-.�ric�n htr Yina Iui for j,rr,limi.,t a. DWroval of an unit ^utir3i 14 units are existing) on rInrret Street near Kennedy Drive. Subdivision is =—aou— tli and west by Inte 2) AuVIis:s enay, on the east by Fahey and Dorset Street, and 4 unit sub•- th 11V Ti 3) 82n1 ication by Ra Ie(.x)r for final lat a royal of a 134 unit subdivision on Speai �tteet Pron�rty __tended on the nor h by tie WM Horticultural Farm, Nowland. .1IrjLjelt,aYY}• rn thn ��►}� 1u hhrI• t>>y•—his. . 1�.,rr,'11, Mc:fcinlcy, lic,r,::,i, and the L1VM Hortic�;iltural Farm. I • rWil- Copies of the=-,nr,1 ;�•.,tions are av�Filable for pub:li� South Burlington City hall. insPeCtion at the Sidney B. Poger, Chairman, South Burlington planning Ccrammission June 27, 1981 DHS 7/14/81 MOTION OF APPROVAL For the Preliminary Plat Application by Ying Liu for a 17 unit multi -family development, including 4 existing units, on Dorset Street as depicted on a plan entitled "Ashbrook Park", prepared by Erik A.. Davis last revised July 7, 1981. Stipulations: 1) Complete drainage information shall be submitted for final plat review. 2) Curb stops or a grassed strip at least two feet in width shall be provided to prevent overlap of parked cars onto sidewalks. 3) The driveway shall be increased to twenty-four feet in width from the entrance point to the Y-intersection. Curb radii at the driveway entrance shall be at least 20 feet. 4) The front -most parking space shall be removed. 5) Finished slopes shall not exceed a 2:1 grade. If any proposed fill will go onto the adjacent property to the east a construction easement will be necessary. 6) If a detention pond is required b y the Statellandscaping information for the pond area shall be submitted. 7) One hydrant shall be provided at a location as approved by the Fire Chief. 8) All required easements and other legal data shall be submitted along with the final plat application. MEMORANDUM To: South Burlington Planning Commission Frcm: William J. Szymanski, City Manager Re: Next week's agenda items Date: 7/9/81 2) Ashbrook Park, Ying Liu 1. It appears entire drive and parking area will drain toward Dorset Street. This is a considerable diversion from the existing condition. Drainage toward Dorset shall be at a minimum and what does drain shall be intercepted with catch basins located along the curb. Drainage shall also be diverted from the existing dwelling. An internal collection system shall be designed. 2. Where sidewalk abuts curbs at parking areas there should be a grassed separation of at least two feet. 3) RYan, Winding Brook 1. The drainagewuy under Hinesburg Road has been a problem on two recent occasions. It is only large boulders and ledge with slabs of stone placed on top to form a bridge. Culverts were added on each side to extend the road width during sewer construction. The last failure did not impede the stream flow but did require Hinesburg Road to be closed for several days. A future failure could result in blockage inundating the area to the elevation of Hinesburg Road. Because of the ledge and large boulders in the area, quick release for the area would be difficult with city owned equipment. This is a state problem and the local engineer'has no knowledge of the timing to correct this problem. 2. Potash Brook should be located so that set backs and flood plain can be verified. 3. The location of sidewalks is not shown on plans. Sidewalks should be separated frcm parking area by a curb and grassed area. 4. Parking areas should include curbs to protect landscaping areas and control drainage toward inlets. This is shown on the illustration but the typical section does not. 5. Sewer lines shall be bedded entirely in 3/8 crushed stone. 6. Sewage pumping station to be reviewed in detail during final plan review. 7. Water Department to review water main layout; however, water main on Kennedy Drive must be extended over the entire frontage. Consideration should be given to completing the loop on Kennedy Drive. Without this completed loop I question the availability of water for fire protection especially to unit 8 which is served by a long 8" pipe. 8. Hinesburg Road is a narrow two lane road. I would recommend a passing lane for southbound traffic and larger (25' minimum) entrance road radii to accomodate right turns. #uut4 Nurltngtnn Nine Department 575 J9nrset'#trret N #auto lurlington, Vermont B54111 June 29,1981 Mr. Sidney Poger Chairmen South Burlington Planning Commission 575 Dorset Street South Burlington, Vermont 05401 Dear Mr. Pogers, OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863.6455 0n Monday June 29,1981 plans were reviewed on the Ashbrook Park development on Dorset Street. The plan is last dated 6/6/81. At this time some thing must be done with the following if we are to give proper fire protection; 1. A fire hydrant must be installed at the location marked on the plan. 2. All the roadways are only 20FT. wide.9 If cars are parked in the roadway we can not get our equipment in the proper position for the emergency. The only answer I have at this time is to build wider roads and if people park there we can still have room for our trucks. If you have any questions please feel free to call me. Sincerely ?lef oddette Sr June 19, 1981 Ying Liu 1 Highland Terrace South Burlington, Vermont 05401 Dear Mr. Liu, In a previous telephone conversation with you I explained that you would have to provide finished contours as well as existing contours in your areas of steep slope. This is necessary to allow us to evaluate the amount of earth disturb- ance and how much fill may be required in the CD zone. This requirement is given in section 203.1(a)(7) of the City Subdivision Regulations, a copy of which is attached. I cannot consider your preliminary plat application complete nor can I warn a hearing on your application until the above information is provided. \VV/ Sincerely, David H. Spitz, City Planner 1 Encl MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 3/20/81 2) South Burlington Realty, Williston Road Since last time, applicant has reduced the building from 26,000 to 24,000 square feet and has moved the building forward because of topography problems in the rear. Front yard setbacks and green space meet the requirements of the ordinance. 93 parking spaces should be adequate for a warehouse and limited office space (up to 5,000 square feet); however, this number of spaces is still below 50% of the ordinance requirement and will require a variance from the zoning board. Landscaping considerations: (1) Several trees are shown on the steep bank in the rear and should be moved elsewhere; (2) some landscaping may be useful on the west side of the building; and (3) trees on the island in front of the side row of parking spaces should be of a type that will not block visibility. The planning ec)mmission may wish to consider a sidewalk along Williston Road. Its u:;efulness would be marginal because of the short frontage (150 feet) and distaiic(l to other sidewalks, but it is in an area designated for sidewalk::; by the commission. Similarly, a 6 foot strip for future road widening should be considered. 3) Brown, Williston/Shunpike Roads Applicant owns 2 adjacent parcels (13.5 acres total) in an industrial zone which are being combined and resubdivided into 3 parcels. One parcel will contain existing buildings used as an animal hospital. The other parcels are vacant. The entire property has about 400 feet of frontage on Williston Road and 380 feet on Shunpike Road. Applicant is indicating a 60 foot dead-end road exiting onto Shunpike Road to serve all three lots. Access onto Shunpike Road is not ideal but is much better than onto Williston Road. The entire rear land abuts a vacant parcel owned by Willis which has frontage on Kimball Avenue. I4eally, access for the majority of the parcel would be in that direction. Howgver, a right-of- way does not appear to be currently available. 4) Ying Liu, Dorset Street This application for a site on Dorset Street near Kennedy Drive is very similar to the one proposed by Stuart Ireland last month. Number of new units has been reduced from 18 to 16. The application for this site still has potential problems with parking within the CO -district; poor site distance, and difficult access to the proposed rear building. Connections to public water and sewer must be ,provided. MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 3/20/81 2) South Burlington Realty, Williston Road Since last time, applicant has reduced the building from 26,000 to 24,000 square feet and has moved the building forward because of to4xxgraphy problems in the rear. Front yard setbacks and green space meet the requirements of the ordinance. 93 parking spaces should be adequate for a warehouse and limited office space (up to 5,000 square feet); however, this number of spaces is still below 50% of the ordinance requirement and will require a variance from the zoning board. Landscaping considerations: (1) Several trees are shown on the steep bank in the rear and should be moved elsewhere; (2) some landscaping may be useful on the west side of the building; and (3) trees on the island in front of the side row of parking spaces should be of a type that will not block visibility. The planning commission may wish to consider a sidewalk along Williston Road. Its usefulness would be marginal because of the short frontage (150 feet) and distance to other sidewalks, but it is in an area desi(Inatod for sidewalks by the commission. Similarly, a 6 foot strip for tut ure r Oal widening ,;hoti ld 1 x considered. 3) Brown, Williston/Shunpike Roads Applicant owns 2 adjacent parcels (13.5 acres total) in an industrial zone which are being combined and resubdivided into 3 parcels. One parcel will contain existing buildings used as an animal hospital. The other parcels are vacant. The entire property has about 400 feet of frontage on Williston Road and 380 feet on Shunpike Road. Applicant is indicating a 60 foot dead-end road exiting onto Shunpike Road to serve all three lots. Access onto Shunpike Road is rot ideal but is much better than onto Williston Road. The entire rear land abuts a vacant parcel owned by Willis which has frontage on Kimball Avenue. Ideally, access for the majority of the parcel would be in that direction. However, a right-of- way does not appear to be currently available. 4) Ying Liu, Dorset Street This application for a site on Dorset Street near Kennedy Drive is very similar to the one proposed by Stuart Ireland last month. Number of new units has been reduced from 18 to 16. The application for this site still has potential problems with parking within the CO -district, poor site distance, and difficult access to the proposed rear building. Connections to public water and sewer must be provided. DHS 10/13/81 MOTION OF APPROVAL For the Application by Ying Liu for final plat approval of a 17-unit planned unit development on Dorset Street as depicted on plans entitled "Site Plan, Ashbrook Park", prepared by Krebs and Lansing Consulting Engineers and "Ashbrook Park", prepared by Eric A. Davis, Architect, last revised Setpember 20, 1981: Stipulations: 1) The inii:�al 125 feet of driveway shall be widened to 24 feet, the frontmost parking space shall be removed,and curb radii shall be in- creased to 20 feet on the engineering plans. 2) The fire hydrant shall be located just north of the Y intersection on both sets of plans. 3) The sewage pumping station shall be located on the applicant's property. When the City's collection system is expanded, the develop- ment shall be connected to the City system at that point and use of the private pumping station shall be eliminated. 4) Legal documents for sewer and water lines shall be submitted to and approved by the City Attorney prior to issuance of the first build- ing permit. 5) The City water department shall approve the plans prior to issuance of the first building permit. 6) A recreation fee of $4,300 shall be provided. 7) A landscaping bond of 30 of the cost of new building construction and building renovations shall be provided. 8) Size of trees in the cedar hedge shall be indicated on the plan. 9) Sewer allocation for this project is 4,250 gallons per day. 10) A drainage Swale shall be provided near the south and east boundaries to divert all runoff away from the "Fahey" property. An easement must be obtained for construction of this swale. 11) A revised final plat, containing required changes from stipulations 1, 2, 8 and 10, shall be submitted for approval by the City Planner and shall be recorded within 90 days. 12) This approval expires in 12 months. Punr,IC FIFARTNG SCUD I BURL, I,tiG ICxV PLA.'v;V I NG API ISS ION `'-Outh Burlington Planning Commission will hold a public liurlinyton City Ball, Conference .'mom, 575 Dorset Street, ; Vermont on Tuesday, Oc:to>tx,r 13 following: , 1981, at 7:30 P.M. to hear irxl at tho outh Wrlington, oonsider the AT);)] ic,-3tion b Yin g Liu for firnl f4 unit-5 are t'xistinq) on Dorset Strn�+t �'a St�hr�iyl� inn i i• tl)l lfi ii c, i,n rne rxart.h by Cha-ton,-w. nn the L. wrst by Interstate-89. Copies of the application are available for South Burlington City Hall. put�licP�tion at the Sentem!y_,r 26, 1981 Sidney B. Poger, Chairman, South Burlington Planning C muission .j MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 10/9 81 2)K :in Liu, Ashbrook Park There are no major changes since preliminary plat approval. However, several previous stipulations on driveway widths and curb radii, parking spaces, and fire hydrant location have not yet been incorporated into the engineering plans. This must be done prior to final approval.. Also, size of the cedar hedge screening the adjacent dwelling must be shown on the plans. A recreation fee will be required. Final approvals by the city attorney and by the water department are still forthcoming. 3) Treetops Bus Shelter Section 19.752 of the proposed zoning ordinance (and a similar section of the existing ordinance) requires that any transit authority bus shelter located within the City r-o-w be approved by the Planning Commission. I feel that school bus shelters should be treated the same way. The shelter will be outside of the sidewalk about 75 feet west of the main entrance. I see no problems with this application.' 4) Garden way Applicants received a multiple use variance from the Zoning Board several months ago. They plan to use old Grandway building for offices, a retail store, and storage space (see attached brochure). The Garden Way uses are expected to generate considerabley less traffic than the previous Grand Way store (see attached traffic report). Therefore, I have not asked the applicants to evaluate the ability of the roadway to handle existing through traffic (as would be required in a PCD application) but only to evaluate Garden Way's entering and exiting movements. Since traffic signals currently exist at both major entrances, the only suggested improvement is an increase in curb radii at the northerly entrance where trucks will. be encouraged to enter and exit. The major changes, in addition to extensive landscaping, will be in i.ntern.11 traffic circulation. The large opening between Garden Way's parking lot arX Agel-Gorman will >x? closed, thoreby di.:;aruraging cars frcxri using the parking Ion", :< <.a t;;�;,s, ;; tc", the firm tic, � i lnal- One ory—_ning will still remain,rx xt to tI_ dr i re-tiiru blank, and „afI %,/i.th the hank's stacking 1. ,nes must still ?K. re--,> VfN-1 before he new c.°an.br_., ;approved. Lastly, extensivc drain : "�: 'i:jlrovell'en° c:' wi17_ be needed. 1.!ieSe will Y.; t rtI tk'.'' apin< or circulaticn but � Lut stlp�;lations toy. >val by the City' admi.nist.r_z L.� ? rshrt.kld r"4:ciea MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Next week's agenda items Date: 10/9/81 2) Ying Liu, Dorset Street 1. Sewage pumping station and force main shall be privately owned and main- tained until such time when the City expands its collection system and the station can be eliminated. The station must be installed on private property not within the Dorset Street right -of-way. 3) Treetop Bus Shelter, Kennedy Drive 1. Shelter should be of the type similar to those installed and maintained by C.C. T.A. 2. A paved walkway should be provided to Kennedy Drive. 3. Shelter shall be maintained by the condominium Association . If maintainence becomes a problem city shall have the option to remove. 4) Gardenway, Shelburne Road 1. Landscape islands and perimeter areas shall have barrier type curbs. 2. A site drainage plan should be prepared and sUrnitted for review. The site lacks a drainage system which contributes to the serious deteroration of the paved surface. 5) Corporate Circle 1. After a meeting with developer and engineer the items stated in previous memo have been resolved except for the Mary Street turnaround and the access drive to Central School. Both are very important issues. The Mary Street turnaround is important for maintenance of this street Snow plows have to have a place to turnaround. The entrance to Central School has been planned for years. This new entrance will eliminate school bus traffic on Williston Road. 2. Traffic signals at Dorset Street must be updated to accomodate the new street prior to opening this street for public use. This work to be coordinated with Bruce Houghton. 3. The Hinesburg Road intersection will require traffic signals. This work must be coordinated with State Highway Department which has jurisdiction over Hinesburg Road. 4. Underground power shall have provisions for street lights. September 220 19#1 Mr. Willis& Snusaski. City r,"ager City Of Soutk Burlington Dorset Street South larlinstono vormat *$,401 Res hbrook Pork Dorset Street Door till: No be" Submitted to Dovo'spltz on behalf of Mr. Ying L,iu the utilitY plans for A)sbbriook Park. We fool we have 940quately solved the Wastowoktog problem by a, proposed pumping station and force *atg to tbO *Mkh*l* At Kennedy Drive and Dorset Street. HOWOV*r, there may bar morp,attnctivo ottorsativos, for the fore* sots routing. Th'e,*astorn side. of rsot Street has a of V* gas U&IR'o a 6'" forico sala iron Ridgewood gst&toso &A it $to= drain and appATOPUY, 44" undordroin. The west side of Dors*t Stroot has a 14", water'sal"* a foreo, saint from tht Real lstat* building 644 Possibly A 6" underdrois. The west edge of the road c0&s#qUoatly looks *or* attractive. The solution whiCh we would like to arriv* at conoists of sovorts$ the Real Estate, buililas by gravity to the now proposed pamp suation and. '0#4 using that portion of the, o3cisting force, aajA Across Dorset, Stroot to conj"ction with SO" new f0rc# main (pare v-4d*4 cKiXtirig force main is large This would allow the U*w,fqrc* MAls to ran CIO$* to tho 'W#st*rlY *dX& Of 00TOOt Stroot k as 10, wee "st of th 0xistS w&t*r 861u, It mid *=Rst* the aeod for digglu,o UP Dorset St"Ot ft4 the "Ault.mat , troffic,probl#ms and would *"*'Ast* as PMP StIr"10a, AU 0060404t, WOU14 most likely be '40*ir*bl* for chnotonsy (491 11st*te) for Ustatonaftca Of the Its*. Styr. Willis* Sys k , city mustar Ssptombo r 22 0 19SI Pap Two We are Isfeyrmlas Mr. Liu by copy" of this latter thst this "*Aaa should b* pu rsood. We w uld spyreci.atte your r commmts sad suggostions for the uest. pr*CtIc*1 solution. V* rye truly pours, 146ort C. xr*b$ /'s t .. 11 , cc » Y. UU fit, dp 3t y� a. Devi# '' CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT I Name of Applicant1/� II Name of Subdivision ��7D/��`� III Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, sur- veyor, attorney or plat designer since preliminary plat application: 54-1V1E IV Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, developmental timetable, since preliminary plat /� application -�� ,PL/C1jJ�- A� I��f/4Z'•� -r% f,'iNf6r--7)` V Attach a final plat drawing (originals not needed) showing the following information: (1) Proposed subdivision name or identifying title, the name and address of the record owner and subdivider, the name, license number and seal of the licensed land surveyor, the boundaries of the subdivision and its general location in relation to existing streets or other land marks, scale (numerical and graphic), date and true north arrow. (2) Street names and lines, pedestrial ways, lots, reservations, easements, and areas to be dedicated to public use. (3) Sufficient data acceptable to the City Engineer to determine readily the location, bearing and length of every street line, lot line, boxllary line and to reproduce such lines upon the ground. Where applicable these should be tied to reference points previously established by the city. -1)- P.) The 13ngth -11.I, straight lines, the dafl ctJon angl-s, rucii, 1=_l:cth o:� curves and central angles of nll curves, tonc-.nt distances and tong.--nt 'bearings for eac/z stre(.�t. pro-)-:rt,T C.'sign it ion an such rlat, all Public space Zor whicii ol_ `-rs of: cession are mado by the subdivider one thoso morns titl- to which is reserved by him. (6) Lots within the subdivision nwibered in num:-rical ore?er within blot.;].-s, and blocks lettered in alphaWticol order. (7) The location of -ill of the improvem,,)nts re erred to in 0c:ction 301. ].* c:nd in addition therf::to the location of all utilit,I 1)01�--:s, seJag`.: disposal systems, ,,rater sly s'7st£'ms Ind rougIl grading and other eevices and methods of draining the ,rea affecting the subdivision. +=4 spy ( ) f'er,nonent ref,:ronce monuments sho:•rn thus: ".V" ane lot Corner ma rher s shown thus: "O". (^) Construction dra-rings of all. -•ecruired im rovsments. VI suniortinc cocurnonts lister' belo-r awxm (]_ } Ccraies OF nro!,)o;; wr, c'C: ,G's, ocjreo;;ionts or other Cn' u' i ants sho:ainr th,�! :,i nn­�r. in which on,-3n spore, including part; and recreational areas and school site areas, are to be Ceeicoted, reserved send mointain^d and a certificote of i-he City Attore•v,,"7 that these docunants are satisf::ctory. (2) A certificate of the Cit-,r ^ncineer os to the sntisfactory cc::n]-12'cio,I of all irn_�irovomients rec?uirec b-,y the Co,-riission, or, in lic!u of -n,- ro-uireei imnrove:n_,nts not so co:nplented, a pc�r o.,:-i,inco bond; to s,­cure coi-.1»1^tion of such i:x,-)rovements -aid their '.--,lintcnancj for a period of two ye.-:rs, bad .arittcn •:3vidorice thot the Cite Council is satisfied eith•ar with the '-)onaincg or surety company or with security furnished by the subdivider. (3) A copy of such covenants or dead restrictions as are in- tended to cover all or part of the tract. (4) A prospectus describing the management organization if one is requires. (5) In the case of a subdivision or development served by a privately o:med and/or maintained street: (a) 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 certi- fic,te of the City Attorney that these documents are satisfactory. (b) a compl,:�tec contract between the lanuo,,mer and the city reuarcing the number of lots or dwelling units to bra serves: by t'� • ->ronosr -n right-of-way or private street anc the rosponsibility for the road'���ay maint- enance, along with G c.2rtificate of the Ci':-T Attorney that the contract is satisfactory. air ure ,), ic.�� r ontact person ?/�Cl to 1 CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record /dW64 b. Applicant c . Contact person Y/ 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels involved as well as proposed use(s). /4 Sh'Gf%�i ,,IOL F©R t&11LJ),,A1k U ;Io'1lLr 2irnEz-zlo/S (7Wo d'&v Po one IAI e— % r 3) Applicant's legal interest in the property (fee simple, option, etc) X- / Cl- T cl\l TO ;%if &M{-9766--2/511 1 %. 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. -2- 6) Proposed extension, relocation, or modification of municipal facilities such as sewerage, water supply, streets, storm drainage, etc. 7) Describe any actions taken b-y the Zoning Board of Adjustment, or previous actions by the South Burlington Planning Com-nission, ;:high �:ffect the proposed subdivision anpinclude dates: 14, POFilloilS f'1m1 t 1 BUST T i C � -7-6 T� � - l 8) Attach a sketch plan showing all information required under items 2 through 7 on p. 5 of the Subdivision Regulations. (signs e) P.Plica nt or contact person date FOR OFFICE USE sate sub-.,ission of application and sketch plan to administrctive of ricer - this proposal is classified as a major or minor subdivision - application deemed complete - proposal tentatively scheduled for first Planning Comiission meeting on Confir-ied For R 1 CITY OF SOUTH BURLINGTON Subdivision Application - SKITCH PLAN 1) Name, address,;,and phone number of: a. Owner of record ce-41t6 �o2/4 11111 e4)yij b. Applicant STu4,el .��£�/a�D — 8✓�tc,.v ! Toy✓ !/ - c. Contact person 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels involved as well asspproposed use(s). 3) Applicant's legal interest in the property (fee simple, option, etc) 4) Namesof owners of record of all contiguous properties V oS�� �lf9.tTiiE � T•97Z of �£�Cs�,►o niT, � _ T 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. _ -2- 6) Proposed extension, relocation, or modification of municipal facilities such 3s sewerage, water supple streets, storm drainage, etc _ ' . 7) Describe any actions taken by the Zoning ward of Adjustment, or previous actions by the South Burlington Planning COMMission, *hich affect the proposed subdivision anyinclude dates: 8) Attt.ch a sketch plan showing all information required under items 2 through 7 on P. 5 of the Subdivision Regulations. (s ' nature) g can or contact person date FOR O^F^ICE USE sic Sion of application and sketch plan to acministrativzate officer this proposal is cla s siLied as a major or 114Lnor su'='d'ivis i on - application cee;;iec complete - Proposal tentatively schedules for -first Plan ing C 7n-zission me Ming on Confirmed For 7 G CCU`- �l 3i'tEr=e`iUrCd t ;e eT trc_<:Ce Zo=d bei s On the north side of ;c? �• - - - Q e o ,r 4 � � r • _ - -, , •o l � os nl LEy T y l - b .- •i _... 5 E - I� Q r L P. - ( � -� � � ,i• T n ..` T 1 . S ` 1 _. - ... .._ � c -- , c , ,3 j c `gel E� J`7 G1 ` -- -- - 11e:e' CC_. _ss;on I._id cl., r ebli ! tiC .SGGn` 1 � � t t ti e _ a_Jt vote 1 ',. r r , ch he _._ d not l Ii f.w f .e =n lwor of a._y __o;;ect of ?'r. I el__:d's at ti-•is ti e. `t _s h S-_=G-a1 st te_ent• - 5 f :ej for 2 1 .'old up t 1S 'v�cU- T4 } vl �r cS tJ t_ � of . ' T. �tv. A of --St 'S in e C i:,iti Cz�y Ala._ tj t r -� e .. torney. Mr. Ewing asked wheth- _r tie Co:_a,_issi�n ;:ted to at i� s::etch plan before it obtained the o-rin. o ..� ni Yes .e srs. ?,eti�esgue, Jrcob an �.d Vo:_ery -wak?'e nted to lock-, s •� s� Walsh, _.ora end jai :g did not _r.d Yr. c - er "e tie telling t' ,r 2e reyr-_ ent�ti':e,d, to .it t e S.-etc Gn the ._. -d. ::1. _ itz shcwed tl:e location on a slide. The total ps_cel is a'oa::t 3 acres but it has a lot of setback restrictions on it. It was noted that q-ght distance on that hill was not good. Yr rlar:chard said the ezist'_ng building would be re=oz!�'Ed i-s,de a::d ti; d up outside. -r• = `(i ns asked that t:-'e Planner review t e record to see if there is a r_-st: l curb cut agre-ezent with the property neat door to this. Kr. Levesq_e felt this area was an import&--t entrance. to the city and that the land in the area should have been purchased to nsi±-itain tl,e est etics of t?.e :ra• "Te did not Seen any logic in the R7 zoning*of the area. }.=rd Ea?d "-e proresed units could not be seen from the into the city. : r• t 6lC- y did nGt f Bel ti:e in opaces nearest th roal k-ouid be i ='= 5' :it'efUl 4ECE' Se of sight distance and T -n k � h �. �,e stc. g-1 �, he did of r.,.x ;:._ere snow -would =:e awc:j t at the Cc_-is�.fcn h _s hee ';, ;� n regL �,__ g Z r.,_rki ng sY_ces 1 _r ::.nit. - c.n of F: l�caticn and >ssr,cyaies fc -- - '. :.._..- .� f a 1-56 ^'1.t 712E-7l.rrd .: l�t`c ve2o L i _ __— __---==o�:. er.�t cn Syear-..;`_ t:t ?t`r. Uaitz passed out a letter from the' a, pliosnt dated Fe .. _= y 3, r c_-er read rcrt of it. -elt t'.e ��: _..__r C lots on __. .. ._'-_-r.t t'- _._ Cu1,d tin _ r. .. .._ `'_..L t'.er - elt M-= r = r_' of ..c =_-s '.:Ls ...e :-up in the 1-_ni, ?.c'd- t:f t.'.t -CGIj r,x iF.9 C2 the 2,—e, ^e %- d a lrGhle br'tZ it. _^•' ' :.'. ...:t ``gel . �? secGT•a -Jw -Are_: .j }e-°-eCn. M E M O R A N D U M To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 1/30/81 2) Industriall Rozoning Mr. Wiles, owner of a vacant 1 acre lot within the proposed rezoned area, is concerned with the new designation. The Planning Commission may wish to consider keeping the three small lots on Hinesburg Road as residential, similar to the residential stip of houses on Shunpike Road within that industrial zone. 3), Ireland,`Dorset Street Property now contains one 4-unit building, and applicant is proposing two new 9-unit buildings. Usable space on this 3 acre site is severely limited due to setback requirements from I-89, Potash Brook, and Dorset Street. Applicant currently shows 1� parking spaces per unit, some of which are located within the interstate setback. Adequacy of access for fire protection and other purposes must be reviewed, especially in relation to the proposed rear building which is located down -grade from other buildings and parking and is accessible. only by a,walkway. Connections to public water and sewer must be provided. 4) Pecor (Nowland) Applicant has submitted additional input (enclosed) regarding the scenic overlook. S) Budgets See last week's memo. 1 CITY OF SOUTH BURLINGTON Subdivision Application - 1) Name, address, and phone number of: a. Owner of record _ 4h'L%� ,�v Dc-�"/ s /WW676// -' b. Applicant �146; 2) '62 11,L p 3) 4) �. iycfl�Lin/C� %'vat_V77 015 Z,� c. Contact person Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels involved as well as proposed use (s) . AG3� off' �,fQ-LIM12✓1, � i9/�i�iPUV/y T"o UNITS 77v-0 &C- O- a ' S �-oc Tom- •ti! 17O 134"V4/415 70N Applicant's legal interest in the property (fee simple, option, etc) _ Wz Namesof owners of record of all contiguous properties d sit f '-Do r2.s 7 : b, vi 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. 2- 6) Proposed extension, relocation, or modification of municipal facilities such as sewerage, water supple, streets, storm drainage, etc, 7) Describe any actions taken by the Zoning 3oard of Adjustment, or previous actions by the South Burlington Planning C01`zmission, which affect the proposed subdivision anyinclude dates: / , - , . - _ i 0 8) Attz:•ch a sketch plan showing all information required under items 2 through 7 on p. 5 of the Subdivision Regulations. ��Jlcalinnat�'eapor contact parson date FOR OFFICE U-SE - sub -mission of application and sketch plan to administrativate officer e - this proposal is classified as a Major or minor subdivision - application deemed complete - proposal tentatively scheduled for -first Planning Con -fission meeting on Confirmed For cot 10 State of Vermont LAND USE PERMIT MaSEP181984 CITY soCUSLONG-f0IE 1V CASE No. 4C0511-3 APPLICANT Y i ng H. L i u ADDRESS 40 Highland Terrace South Burlington, Vermont 05401 LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 (Act 250) and Vermont State Environmental Protection Rules; Chapter 4, Public Buildings; and Chapter 9, Plumbing District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0511-3 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 175, Pages 122-124 of the Land Records of the City of South Burlington, Vermont, as the subject of a deed to Ying H. Liu, the "permittee" as grantee. This permit specifically incorporates the Certification of Compliance, which approves the interior plumbing for Building C, 6 condominium units which are part of the previously approved 13 two bedroom condominiums and the renovation of an existing 4 units with related parking, driveway and municipal water and sewer. The project, known as A.shbrook Park, is located off of Dorset Street in South Burlington, Vermont. The permittee, his assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permits #4C0511 through #4C0511-1 remain in full force and effect except as amended herein. 2. This permit hereby incorporates the Certification of Compliance #4C0511-3 issued on August 27, 1984 by the District Administrator, Division of Protection, Agency of Environmental Conservation, in compliance with the Environmental Protection Rules. Conditions # (1) and # (2) are as follows: (1) The project must be completed as shown on the plans P-1 and P-2, each dated 6-18-84 prepared by Paul B. Rinebold and which have been stamped APPROVED by the Division of Protection. No alteration of these -plans shall be allowed except where written application has been made- to the Agency of Environmental Conservation and approval obtained. (2) A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or Local personnel. #4C0511-3 Land Use Permit Page 2 3. Failure to Comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Sec. 6090(b). Dated at Essex Junction, Vermont this 12th day of September, 1984. By'l �V(7 Katherine M. Vose Environmental Board Coordinator for the District #4 Commission r STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE RE: 4CO511-3 Certified to Comply with . Ying H. Liu Environmental Protection Rules: 40 Highland Terrace Chapter 4 - Public Buildings South Burlington, Vermont 05401 Chapter 9 - Plumbing This project, consisting of interior plumbing and ventilation for Building C, consisting of 6 condominium units within the Ashbrook Park Condominium project located off Dorset Street in the City of South Burlington, Vermont is hereby certified to satisfy the requirements of the regulations named above, subject to the following conditions: (1) The project must be completed as shown on the plans P-1 and P-2, each dated 6-18-84 prepared by Paul B. Rinebold and which have been stamped APPROVED by the Division of Protection. No alteration of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. (2) A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or Local personnel. (3) The Division of Protection is to be notified prior to the closing or covering of any waste plumbing so that we may inspect the workmanship. (4) The Master Plumber responsible for the interior plumbing shall indicate in writing, prior to occupancy, that the work has been done in accordance with the approved plans and the Environmental Protection Rules, Effective September 10, 1982. Jl 4C0511-3: Liu Certification of Compliance Page 2 (5) The applicant is reminded that all plumbing material and workmanship must meet the standards of the Environmental Protection Rules, Chapter 9, Plumbing; the National Plumbing Code; and the requirements of the Vermont .Fire Prevention Section of the Department of Labor and Industry. Dated this 27th of August, 1984 in the Village -of Essex Junction, Vermont. cc: Donald Robisky Katherine Vose City of South Burlington Fire Prevention Department of Health Paul Rinebold FOR THE DIVISION OF PROTECTION Ernest P. Christianson Regional Engineer STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE RE•• 4C0511-3 Certified to Comply with Ying H. Liu Environmental Protection Rules: 40 Highland Terrace Chapter 4 - Public Buildings South Burlington, Vermont 05401 Chapter 9 - Plumbing This project, consisting of interior plumbing and ventilation for Building C, consisting of 6 condominium units within the Ashbrook Park Condominium project located off Dorset Street in the City of South Burlington, Vermont is hereby certified to satisfy the requirements of the regulations named above, subject to the following conditions: (1) The project must be completed as shown on the plans P-1 and P-2, each dated 6-18-84 prepared by Paul B. Rinebold and which have been stamped APPROVED by the Division of Protection. No alteration of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. (2) A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or Local personnel. (3) The Division of Protection is to be notified prior to the closing or covering of any waste plumbing so that we may inspect the workmanship. (4) The Master Plumber responsible for the interior plumbing shall indicate in writing, prior to occupancy, that the work has been done in accordance with the approved plans and the Environmental Protection Rules, Effective September 10, 1982. 4C0511-3: Liu Certification of Compliance Page 2 (5) The applicant is reminded that all plumbing material and workmanship must meet the standards of the Environmental Protection Rules, Chapter 9, Plumbing; the National Plumbing Code; and the requirements of the Vermont Fire Prevention Section of the Department of Labor and Industry. Dated this 27th of August, 1984 in the Village of Essex Junction, Vermont. FOR THE DIVISION OF PROTECTION Ernest P. Christianson Regional Engineer cc: Donald Robisky Katherine Vose City of South Burlington Fire Prevention Department of Health Paul Rinebold o14 eu� Ff% STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE RE: 4CO511A ) Certified to comply with Ying H. Liu. ) Environmental Protection 40 Highland Terrace ) Rules, Chapter 4 - Public South Burlington, VT ) Buildings, Chapter 9 - Plumbing, Appendix A - Design Guidelines This portion of the project, consisting of approval for interior wastewater and water supply plumbing and bathroom ventilation for the existing 4 unit building and attached new 3 unit addition, previously approved for exterior sewer and water and site foundation under Certificate of Compliance-4C0511, all being served by municipal sewer and water, located on Dorset Street in South Burlington, Vermont, is hereby approved under the requirements of the regulat-ions named above, subject to the following conditions: 1. The portion of the project must be completed as shown on the plans prepared by Norm's Plumbing and Heating, Drawings No. 1, 2, and 3, dated.September 15, 1982, revised (received) March 23, 1983, and which have been stamped "APPROVED" by the Division of Protection. No alterations of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. 2. A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. 3. The applicant is reminded that all plumbing material and work- manship, must meet the standards of the Environmental Protection Rules, Chapter 9, Plumbing; the National Plumbing Code; and the requirements of the Vermont Fire Prevention Section of the Department of Labor and Industry. 4. Upon completion of the rough -in for the waste plumbing, and prior to said plumbing being covered or closed -in, the Agency of Environmental Conservation is to be contacted so that we may have an opportunity to inspect the workmanship. 0 4C0551A Page 2 Yink H. Liu 5. Prior to any construction above the foundation on the new 4 and 7 unit/2 bedroom condominiums complete and satisfactory plans for the interior waste and water distribution plumbing and interior ventilation for each unit are to be submitted to, and written approval received from the Division of Protection. 6. This addendum to the Certificate of Compliance issued on May 4, 1982 amends Condition #5 but all other conditions remain in effect and will be complied with. Dated this 8th day of April 1983, in the Town of Essex Junction, Vt. FOR THE DEPARTMENT OF WATER RESOURCES AND ENVIRONMENTAL ENGINEERING lJa s F. Agan, E. As stant Dist ct Administrator Ernest P. Christianson District Administrator EPC:JRA:arm CC: Donald Robisky, P.E. Katherine Powers,Coordinato�i City Planning Commission Fire Prevention Norm's Plumbing & Heating James Dodge, Environmental Inspector STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 111 West Street Essex Junction, Vermont 05452 879-6563 September 1, 1982 Ying H. Liu 40 highland Terrace South Burlington, Vermont 05401 Dear Mr. Liu: A review of your pending application for the construction of 13 two -bedroom condominium units to be located off of Dorset Street in South Burlington, Vermont. At the close of the hearing on April 16, 1982, the Commission requested that you submit additional information on eight topics. The Commission has received a 1) Certification of Compliance (Public Building approval for your water and sanitary waste systems), 2) an affirmative letter from the South Burlington School Department, 3) an affirmative letter from the Vermont Agency of Transportation, and 4) your revised site plan. The Commission is awaiting the following outstanding items before they can reach a decision on this application: 1. exterior building elevations; 2. a letter from Green Mountain Power Corporation; 3. the placement of and method of screening of the trash containers; and 4. a copy of your proposed bylaws or declaration of covenants for the condominiums, which includes an item detailing the homeowner's responsibility to maintain, repair and replace the roadways, stormwater system and landscaping, an item requiring the installation and maintenance of water -conserving plumbing devices in each until as approved by the District Environmental Commission, and an item which prohibits the amendment of the above items without prior written approval of the District Environmental Commission. s Ying H. Liu -2- September 1, 1982 It would be best to submit these items as soon as possible so that the Commission can issue its decision on this pending application. I would like to caution you that no construction may begin on this project until a land use permit has been issued. Please feel free to call with any questions you may have. Sincerely Katherine M. Powers District Coordinator KMP:ee cc: District #4 Commissioners / LIE - ROBERT K. BING JOSEPH P. BAUER JOHN C. GRAVEL LAW OFFICES BING, BAUER & GRAVEL MAIN AND WILLARD P. 0. BOX 607 BURLINGTON, VERMONT 05402 Mr. David Spitz City Planner City of South Burlington City Offices 575 Dorset Street South Burlington, VT 05401 Re: Ashbrook Park Water and Sewer Easements Dear Dave: Enclosed please find an Irrevocable Offer of Dedication and the Warranty Deed and Tax Form pertaining to said offer of dedication. As I mentioned to you over the telephone, the granting of the easement for the water line is contained in the second sentence of paragraph 3 of the property des- cription, and I would request that you forward both of these documents to Attorney Spokes for his review. Sincerely, I , BAUER & GRAVEL Y John C. Gravel, Esq. JCG:mer Enclosures TELEPHONE 883-SS38 AREA CODE 802 State of Vermont Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council Mr. Ying H. Liu 40 Highland Terrace South Burlington, VT 05401 Dear Mr. Liu: rile: /tsHgkook PARA AGENCY OF ENVIRONMENTAL CONSERVATION Montpelier, Vermont 05602 Department of Water Resources and Environmental Engineering 111 West Street Essex Jct., Vt 879-6563 April 8, 1983 Re: Case No. 4C0511, Interior Plumbing Approval - Existing Unit, Dorset Street, South Burlington, Vermont Enclosed herewith please find a copy of the Certificate of Compliance 4C0511A that covers the approval of the interior water and waste water plumbing and bathroom ventilation for.the existing 4 unit/2 bedroom and attached 3 units/2 bedroom buildings. Please be advised this Certificate of Compliance is not a Land Use Permit and is not authorization to continue work on the referenced building. The conditions will be incorporated into the Act 250 Land Use Permit that will be issued by the coordinator for this district, Katherine Powers. Reference our telephone conversation during the morning of April 1, please correspond back to Mrs. Powers, copy to this office and James Dodge on what your future plans and scheduling is for working on the other two units. Please note that this Certificate of Compliance is only for the interior plumbing approval for the existing unit. Reference condition #5 of the enclosed Certificate of Compliance. No work on the two new units beyond the foundation is to be accomplished prior to the written approval for the interior plumbing and ventilation for these buildings. d Mr. Liu Page 2 April 8, 1983 You should recall that in the review letter to you dated October 29, 1982, the complete interior plumbing plans are to be submitted for review for all three buildings. If you have any questions please do not hesitate to contact this office. Sincerely, t= . gmes F. Aga%X P.E. Assistant District Administrator JFA:arm CC: Donald Robisky Katherine Powers James Dodge City Planning Commission tz Fire Prevention Division Norm's Plumbing & Heating ' State of Vermont -` < / ;1 �. *t - -- - - ,C7 ` 0 m -40 �. '=`h LAND USE PERMIT AMENDMENT CASE No. 4CO511-B LAWS/REGULATIONS INVOLVED APPLICANT Ying H. Liu 10 V.S.A., Chapter 151 (Act 250) and ADDRESS 40 Highland Terrace Environmental Protection Rules South Burlington, Vermont 05401 Chapter 4, Public Buildings and Chapter 9, Plumbing District Environmental Commission #4 hereby issues a Land Use Permit Amendment pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit applies to the lands identified in Book 175, Pages 122-124, of the Land Records of the City of South Burlington, Vermont, as the subject of a deed to Ying H. Liu, the "permittee" as grantee. This permit specifically incorporates the Certification of Compliance which approves the interior plumbing for units 8, 91 10 and 11, Building A, of the previously approved construction of 13 two - bedroom condominiums and the renovation of an existing 4 units with related parking, driveway and municipal water and sewer. The project, known as Ashbrook Park, is located off of Dorset Street in South Burlington, Vermont. The permittee, his assigns and successors in interest, is obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. This permit hereby incorporates all of the conditions of the Certification of Compliance #4CO511-B, issued on November 8, 1983 by the District Administrator, Division of Protection, Agency of Environmental Conservation, in compliance with Vermont Environmental Protection Rules. Conditions #(1) and #(2) of said Certification are as follows: (1) The project must be completed as shown on the plans P-1 of 4 and P-2 of 4, each dated August 26, 1983 and P-3 of 4 and P74 of 4 each dated August 29, 1983 prepared by Sondik Supply, and which have been stamped "APPROVED" by the Division of Protection. No alterations of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. (2) A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. LAND USE PERMIT AMENDMENT #4CO511-B Page 2 2. All conditions of Land Use Permit #4CO511 remain in full force and effect except for condition #4, which is amended herein. 3. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., §6090(b). Dated at Essex Junction, Vermont, this 2/'S� day of November, 1983. B Y Katherine M. Vose Environmental Board Coordinator for the District Commission #4 e STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE RE: 4C0511-B Certified to comply with Ying H. Liu Environmental Protection Rules, 40 Highland Terrace Chapter 4 - Public Buildings and South Burlington, VT Chapter 9 - Plumbing. 05401 This project, consisting of approving the interior plumbing and ventilation for Units 8, 9, 10 and 11 comprising Building A of the Ashbrook Park Condominiums located off Dorset Street in the City of South Burlington, Vermont, is hereby certified to satisfy the requirements of the requirements of the regulations named above if the following conditions are met: (1) The project must be completed as shown on the plans P-1 of 4 and P-2 of 4, each dated August 26, 1983 and P-3 of 4 and P-4 of 4 each dated August 29, 1983 prepared by Sondik Supply, and which have been stamped "APPROVED" by the Division of Protection. No alterations of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval ob- tained. (2) A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (3) The applicant is reminded that all plumbing material and workmanship must meet the standards of the Environmental Protection Rules, Chapter 9, Plumbing; the National Plumbing Code; and the requirements of the Vermont Fire Prevention Section of the Department of Labor and Industry. 1 S 4C0511-B Ying H. Liu Page Two (4) Upon completion of the rough -in for the waste plumbing, and prior to said plumbing being covered or closed -in, the Agency of Environmental Conservation is to be contacted so that we may have an opportunity to inspect the workmanship. Dated this eighth day of November, 1983 in the Town of Essex Junction, Vermont. EPC/pol cc: Donald Robisky Katherine Vose City of South Burlington Department of Health Fire Prevention i Sondik Supply FOR THE DIVISION OF PROTECTION Ernest P. Christianson District Administrator E �A t �r� State of Vermont LAND USE PERMIT AMENDMENT CASE No. 4CO511-A APPLICANT Ying H. Liu ADDRESS 40 Highland Terrace South Burlington, Vermont 05401 LAWS/REGULATIONS INVOLVED 10 VSA, Chapter 151 CAct 250) and Environmental Protection Rules Chapter 4, Public Buildings and Chapter 9, Plumbing, Appendix A - Design Guidelines District Environmental Commission #4 hereby issues a Land Use Permit Amendment pursuant to the authority vested in it in 10 VSA, Chapter 151. This permit applies to the lands identified in Book 175, Pages 122-124, of the Land Records of the City of South Burlington, Vermont, as the subject of a deed to Ying H. Liu, the "permittee" as grantee. This permit specifically approves the interior plumbing for the existing 4 unit building and attached 3 unit addition, part of the previously approved project generally described as the construction of 13 two bedroom condominiums and the renovation of an existing 4 units with related parking, driveways and municipal water and sewer. The project, known as Ashbrook Park, is located off of Dorset Street in South Burlington, Vermont. The permittee, his assigns and successors to complete and maintain the project only in accordance with the conditions of Land as follows: in interest, are obligated by this permit as approved by the District Commission Use Permit #4CO511 except as amended 1. This permit hereby incorporates all of the conditions of the Certification of Compliance #4CO511-A, issued on April 8, 1983 by the Regional Engineer, Department of Water Resources and Environmental Engineering, Agency of Environmental Conservation in compliance with Vermont Environmental Protection Rules. Conditions #1, 2, 5 and 6 of said Certification are as follows: (1) The portion of the project must be completed as shown on the plans prepared by Norm's Plumbing and Heating, Drawings No. 1, 2, and 3, dated September 15, 1982, revised (received) March 23, 1983, and which have been stamped "APPROVED" by the Division of Protection. No alterations of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. (2) A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (5) Prior to any construction above the foundation on the new 4 and 7 unit/ 2 bedroom condominiums complete and satisfactory plans for the interior waste and water distribution plumbing and interior ventilation for each unit are to be submitted to, and written approval received from the Division of Protection. LAND USE PERMIT #4C0511-A Page 2 16) This addendum to the Certificate of Compliance issued on May 4, 1982 amends Condition #5 but all other conditions remain in effect and will be complied with. 2. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., §6090(b). Dated at Essex Junction, Vermont this 19th day of April, 1983. Bya- aw't5 Katherine M. Powers Environmental Board Coordinator for the District Commission #4 ee STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE RE: 4C0511A ) Certified to comply with Ying H. Liu. ) Environmental Protection 40 Highland Terrace ) Rules, Chapter 4 - Public South Burlington, VT ) Buildings, Chapter 9 - Plumbing, Appendix A - Design Guidelines This portion of the project, consisting of approval for interior wastewater and water supply plumbing and bathroom ventilation for the existing 4 unit building and attached new 3 unit addition, previously approved for exterior sewer and water and site foundation under Certificate of Compliance 4C0511, all being served by municipal sewer and water, located'on Dorset Street in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above, subject to the following conditions: 1. The portion of the project must be completed as shown on the plans prepared by Norm's Plumbing and Heating, Drawings No. 1, 2, and 3, dated September 15, 1982, revised (received) March 23, 1983, and which have been stamped "APPROVED" by the Division of Protection. No alterations of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. 2. A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel.. 3. The applicant is reminded that all plumbing material and work- manship, must meet the standards of the Environmental Protection Rules, Chapter 9, Plumbing; the National Plumbing Code; and the requirements of the Vermont Fire Prevention Section of the Department of Labor and Industry. 4. Upon completion of the rough -in for the waste plumbing, and prior to said plumbing being covered or closed -in, the Agency of Environmental Conservation is to be contacted so that we may have an opportunity to inspect the workmanship. 4C0551A Page 2 Yink H. Liu 5. Prior to any construction above the foundation on the new 4 and 7 unit/2 bedroom condominiums complete and satisfactory plans for the interior waste and water distribution plumbing and interior ventilation for each unit are to be submitted to, and written approval received from the Division of Protection. 6. This addendum to the Certificate of Compliance issued on May 4, 1982 amends Condition #5 but all other conditions remain in effect and will be complied with. Dated this 8th day of April 1983, in the Town of Essex Junction, Vt. FOR THE DEPARTMENT OF WATER RESOURCES AND ENVIRONMENTAL ENGINEERING Ja s F. Agan, E. As stant Dist ct Administrator Ernest P. Christianson District Administrator. EPC:JRA:arm CC: Donald Robisky, P.E. Katherine Powers,Coordinator City Planning Commission Fire Prevention Norm's Plumbing & Heating James Dodge, Environmental Inspector State of Vermont LAND USE PERMIT CASE No. 4CO511 APPLICANT Ying H. Liu ADDRESS 40 Highland Terrace South Burlington, Vermont 05401 LAWS/REGULATIONS INVOLVED 10 VSA, Chapter 151 (Act 250) and Vermont State Board of Health Regulations Chapter 5, Sanitary Engineering Subchapter 1, Public Buildings Subchapter 15, Plumbing SECTION 5-651(a) (2), EXCEPTION, SITE WORK & FOUNDATION CONSTRUCTION ONLY. District Environmental Commission #4 hereby issues a Land Use Permit pursuant to the authority vested in it in 10 VSA, Chapter 151. This permit applies to the lands identified in Book 175, Pages 122-124, of the Land Records of the City of South Burlington, Vermont, as the subject of a deed to Ying H. Liu, the "permittee" as grantee. This permit specifically authorizes the permittee to construct 13 two -bedroom condominiums and to renovate an existing 4 units with related parking driveway and municipal water and sewer. The project, known as Ashbrook Park, is located off of Dorset Street in South Burlington, Vermont. The permittee,, his assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed as set forth in Findings of Fact and Conclu- sions of Law #4CO511, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of the conditions of this permit without appeal, the permittee confirms and agrees for himself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the permittee and all assigns and successors in interest. 3. This permit hereby. incorporates all of the conditions of the Certification of Compliance #4C0511, issued on May 4, 1982, by the Regional Engineer, Division of Protection, Agency of Environmental Conservation, in compliance with Vermont State Board of Health Regulations. Conditions #(1) and #(6) of said Certification are as follows: LAND USE PERMIT #4CO5.11 Page 2 (1) The project must be completed as shown on the plans prepared by Krebs and Lansing, Consulting Engineers, dwg. #1, dated May 1981, revised 10/8/81, 10/12/81 and 1/25/82; dwg. #2, dated 9/10/81, revised 1/25/82; dwg. #3, dated September 1981, dwg. #4, dated 9/14/81, revised 1/25/82, 4/6/82, and which have been stamped "APPROVED" by the Division of Protection. No alterations of these plans shall'be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. (6) The sewage pumping station shall be operated at all times, in a manner that will not permit the discharge of effluent onto the surface of the ground or into the waters of the State. 4.. No_ further construction involving the installation of interior plumbing is permitted until a written Certification of Compliance is issued by the Division of Protection. 5. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed in accordance with the terms of the permit. 6. The permittee and all assigns and successors in interest, shall install and maintain water -conserving plumbing fixtures in all units, including but not limited to low -flush toilet, low -flow showerheads, and aerator -type or flow - restricted faucets. The Condominium Bylaws for said units shall require the maintenance of the same. 7. All heated structures approved herein shall be constructed with double -glazed windows and with insulation with an R Value of at least R-19 in. the exterior walls, at least R-38 in the roof or cap, and at least R-10 around the perimeter of the foundation. 8. All outdoor lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view substantially beyond the perimeter of the area to be illuminated. 9. The permittee shall supply signage plans to the District Commission for approval prior to the installation of any sign, and shall construct the project in accordance with those plans as approved. The Commission may request a hearing to consider said plans. 10. The permittee shall revise the landscaping plan to include the planting of 25 coniferous trees along the northeastern and western perimeter of the parking area, with five trees planted to the south of the 6 unit building and these 25 trees shall consist of 13 hemlocks, 6 white pines, 6 red pines, all 6' to 8' high. Snow storage and the application of salt to paving in this area is prohibited. The permittee and all assigns and successors in interest shall continually maintain the landscaping substantially as approved in amended Exhibit #10 by replacing any dead or diseased plantings as soon as seasonably possible. 11. The permittee shall comply with Exhibits #8, #10 and #13 for erosion control. Hay bales shall be installed as depicted on the plans within 24 hours of grading. All disturbed areas shall be seeded and mulched as soon after disturbance as possible but no later than October 1st of any construction LAND USE PERMIT #4CO511 Page 3 season. If construction occurs after October 1st of any calendar year, the permittee shall seed all disturbed areas with dormant seed, shall apply mulch, shall tie down all slopes with twine or netting, and shall place a hay bale dam in the swale within 24 hours of grading. All erosion control devices shall be periodically cleaned, replaced and shall be maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control, and to evaluate and impose additional conditions with respect to erosion control, as they deem necessary. 12. Clearing shall be restricted to that necessary for construction of the condominiums. Stumps shall be disposed of above the seasonal high water table. The Commission shall be notified of the location of disposal if it is not at a State approved landfill.. 13. Removal of topsoil from the site is prohibited. 14. Prior to the first sale of any unit the permittee shall file condominium bylaws, which require that the homeowners association maintain, repair and replace, as approved, the stormwater system, the roadways, water conserving plumbing devices, and to prohibit spreading of salt on roadways and parking areas. Section 6.01 of the bylaws shall be amended to prohibit the amend- ment of such a section without the prior written approval of the District Environmental Commission. 15'. All construction on this project must be completed by November 30, 1983. 16. This permit shall expire on November 30, 2002, unless extended by the District Commission. 17. Notwithstanding, this 'permit shall expire one year from date of issuance, if the permittee has not demonstrated an intention to proceed with the project. Dated at Essex Junction, Vermont, this Z+ ay of November, 1982. Commissioners participating in thisldecision:D ie� k w J Katherine M. Powers, District #4 Coordinator Lincoln Brownell Helen Lawrence STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION #4 RE: Ying H. Liu ) Application #4CO511 40 Highland Terrace ) Findings of Fact and South Burlington, Vermont 05401 ) Conclusions of Law ) 10 VSA, Chapter 151 (Act 250) On March 29, 1982, an application for an Act 250 permit was filed by Ying H. Liu of 40 Highland Terrace, South Burlington, Vermont, for a project generally described as the construction of 13 two -bedroom condominiums and the remodeling of 4 units with related parking, driveways and municipal water and sewer, to be known as Ashbrook Park and located off of Dorset Street in Burlington, Vermont. The tract of land consists of 3.34 acres with 3.34 acres involved in the project area. The applicant's legal interest is ownership in fee simple. Under Act 250, projects are reviewed based on the 10 environmental criteria of 10 VSA, §6086(a) 1-10. Before granting a permit, the Board or District Commission must find that the project complies with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of findings of fact and conclusions of law. The facts we have relied upon are contained in the documents on file identified as Exhibits #1 through #25, and the evidence received at hearing held on April 16, 1982. The Commission adjourned the hearing pending receipt of additional information. The Commission adjourned the April 16th hearing pending receipt of additional information. Such information was received on November 22, 1982, at which time the Commission adjourned the hearing and issued its decision. Parties to this application are: The applicant by Ying Liu; The City of South Burlington; The South Burlington Planning Commission; The Chittenden County Regional Planning Commission by Mike Munson; and The Agency of Environmental Conservation by Dana Cole -Levesque, Land Use Administrator. In making the following findings, we have summarized the statutory language of the 10 criteria of 10 V.S.A., 56086(a): 1. There will be no undue water or air pollution: AIR POLLUTION: (i) The renovated units will be heated with gas and the new units will be heated with electric resistance heating units, which will not cause undue air pollution (Exhibit #8). FINDINGS OF FACT #4C0511 Page 2 (ii) The project includes the installation of 35 parking spaces (Exhibit #10) which will not result in undue air pollution. WATER POLLUTION: (i) The Commission finds that subcriteria l(A), l(D) and l(F) are not applicable to this project. (B) Waste Disposal: (i) Sanitary waste will be disposed of through connection to the municipal treatment plant. The South Burlington City Manager has stated that the treatment plant has sufficient reserve capacity for the additional projected flows (.Exhibit #5)•of 2550 gallons per day (Exhibit #8). A Certification of Compliance has been issued by the Division of Protection, which the Commission accepts as evidence that the disposal of wastes into the municipal system meetsapplicable State Health Regulations for disposal into a municipal. system and will not cause undue water pollution (Exhibit #26). (ii) Drainage from the roof of the eastern building will be directed into a swale. The City of South Burlington has required that an easement for the construction of this swale be obtained by the applicant (Exhibit #9). (iii) Stormwater runoff will be treated by catch basins designed to remove floatable and settleable solids and discharged into Potash Brook (Exhibit #8). A Temporary Pollution Permit has been issued, which the Commission accepts as evidence that the project complies with applicable Water Resources Department regulations (Exhibit #15). (iv) The applicant has not specified where stumps will be disposed of. The Commission requires that if disposal is not at a State certified landfill, that the location be identified and stumps be disposed of only above the seasonal high water table. (C) Water Conservation: (i) Water -conserving plumbing fixtures have been specified for all units (Exhibit #8). The applicant has agreed to require the maintenance of the fixtures in the bylaws. (E) Streams: (i) Potash Brook runs across the southeast portion of this property. No development will occur in or near Potash Brook (Exhibit #10). 2-3. There is sufficient water available and no existing water supply will be unreasonably burdened: (i) The applicant estimates that water demand of the project will be approximately 2550 gallons per day (Exhibit #8). FINDINGS OF FACT #4C0511 Page 3 CHI The project will be served by municipal water from the City of South Burlington Water Department. The Commission accepts the letter (Exhibit #4) from the Water Department Superintendent that there is sufficient water available and the project will not restrict nor encumber present consumers. 4. There will be no unreasonable soil erosion or effects on the capacity of the land to hold water: (i) The soils are Hinesburg fine sandy loams. (ii) Temporary soil erosion controls are depicted on Exhibit #10. They consist of stacked hay bales as depicted on Exhibit #13. If con- struction occurs after October 1st of any calendar year, the Commission will require that all disturbed areas be seeded with dormant seed and that mulch be applied and tied down with either twine.or netting on all slopes within 24 hours of grading, that a hay bale dam be placed on the swale and that these erosion control measures be maintained until vegetation is fully established. (iii) Permanent erosion controls consist of permanent seeding and land- scaping (Exhibits #8 and #10). 5. This project will not cause unreasonable safety or congestion conditions with respect to highways or other means of transportation: (i) Access to the project will be from Dorset Street. (ii) The South Burlington Chief of Police has stated that the traffic generated by this project should not have an adverse effect on traffic flow (Exhibit #17A). (iii) The Vermont Agency of Transportation has stated transportation facilities under the jurisdiction of this agency will not be adversely affected by the project (Exhibit #23). 6-7. There will be no unreasonable burdens on educational or other municipal services: EDUCATION (i) The South Burlington School District has indicated that the additional students from this project will not unduly burden the school system (Exhibit 022). MUNICIPAL SERVICES (i) The South Burlington Fire Chief has stated that the services of the Fire Department can be provided to this development (Exhibit #3). (ii) The South Burlington Water Department and the South Burlington City Manager have stated that water and sewer capacity are available for this project (Exhibits #4 and #5). FINDINGS OF FACT #4CO511 Page 4 (iii) The South Burlington Police Chief has stated that his department has no objection to the project (Exhibit #17A). (iv) The South Burlington Planning Commission has approved this project (Exhibit #9). 8. There will be no undue adverse effects on aesthetics, scenic beauty, historic sites or natural areas: M The Commission finds that historic sites, necessary wildlife habitat and rare and irreplaceable natural areas will not be affected by this project (Exhibit #8). (ii) The applicant proposes to landscape the project as outlined on Exhibit #10. This site is highly visible from Interstate 89. There- fore, the Commission will require additional screening. The Com- mission will require that a total of 25 coniferous trees be planted along the northwestern and western perimeter of the parking areas, that an additional five trees be planted to the southwest of the 6 un building (an extension of the applicant's proposed tree line), and that such trees consist of 13 6' to 8' high hemlocks, 6 6' to 8' high red pines and 6 6' to 8' high white pines. To insure the survival of these trees the Commission will prohibit the use of salt on roadways and parking and prohibit the storage of snow in this area Due to the importance of the view of this project from Interstate 89, the Commission will approve the deletion of 20 creeping junipers and two red maples from the landscaping plan at the applicant's discretion. The Commission will require that the Protective Covenants stipulate continued maintenance of the landscaping and prohibit the spreading of salt. (iii) Exterior lighting will consist of topshielded downlit fixtures and will be installed as depicted on Exhibit #10. (iv) The exterior of the buildings will be constructed as depicted in Exhibit #19 and 420 and will be beige colored with dark brown asbestos shingles. (v) Power will be supplied underground (testimony of applicant). (vi) Trash containers will be screened with a material similar to the building siding material (Exhibit #17B). (vii) Tne applicant has not finalized the design of the sign. The Commissi will require that the applicant receive approval for the sign prior to installation. 9. The project is in conformance with the Capability ana Development Plan: W The Commission finds that subcriteria 9(A), 9(D), 9 (E) and 9 (H) are not applicable to this project. (B/C) Primary and secondary agricultural soils and forest soils: W The soils are Hinesburg fine sandy loams (Exhibit 4t8) (ii) The Commission finds that this parcel does not contain primary agri- cultural soils because the southerly portion of the land is swampy (testimony of the applicant), ana the 3.43 acres is not large enough to support or contribute to an economic farming operation. FINDINGS OF FACT P4CO511 Page 5 (F) Energy Conservation: (i) The buildings will be constructed and renovated with an insulation "R" factor of at least R-19 in the walls and at least R-38 in the roof or cap. Additional measures to conserve energy include foundation insulation and sill seal, and the placement of small windows on the north sides of buildings and large windows on the south (Exhibit #8). (ii) The renovated building will be heated with gas and the new buildings with electric baseboard units utilizing off peak power (Exhibit #8). (G) The private utilities proposed for the project are: (i) The Commission will require that the condominium association maintain, repair and replace, as necessary, the stormwater system, the road- ways, the landscaping and the water conserving plumbing devices. (J) Public Utilities: (i) The Commission accepts the letter from Green Mountain Power Corp- oration as evidence that it can provide utility service to the project (Exhibit #18). W Public or quasi -Public Investments: (i) There is a public or quasi -public investment in Interstate 89, which is adjacent to this project. (ii) The Commission accepts the letter from the Vermont Agency of Transportation as evidence that there will be no adverse impact on the highway from this project (Exhibit #23). Additionally, the project will be planted so as to eventually screen the project from the highway (Exhibit #10). 10. The project is in conformance with the local or regional plan: (i) The South Burlington Planning Commission has indicated that the project conforms to the local plan (Exhibit #2). CONCLUSION OF LAW Based upon the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the application referred to above, if completed and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit #4CO511, FINDINGS OF FACT #4CO511 Page 6 will not cause or result in a detriment to public health, safety or general welfare under the criteria described in 10 VSA, 96086(a) and that, pursuant to such section, a permit is therefore issued. Dated at Essex Junction, Vermont, this !1� day of November, 1982. Commissioners participating in this decision: / 9 Lincoln Brownell Helen Lawrence Katherine M. Powers, District #4 Coordinator STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE CASE NO. 4CO511 LAWS/REGULATIONS INVOLVED APPLICANT Ying H. Liu ) Vermont State Board of Health ADDRESS 40 Highland Terrace ) Regulations, Chapter 5, Sanitary So. Burlington, VT 05401 ) Engineering, Subchapter 15, Plumbing (Exterior Sewer and Water Only) This project, consisting of construction of 13 new two bedroom condominium units and the rehabilitation of 4 existing units for a total of 17 two bedroom units referred to as Ashbrook Park to be served by municipal water and sewer located on 3.34 acres of land on Dorset Street adjacent to I-89, and Kennedy Drive in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above, subject to the following conditions: (1) The project must be completed as shown on the plans prepared by Krebs and Lansing, Consulting Engineers, dwg. #1, dated May 1981, revised 10-8-81, 10-12-81 and 1-25-82; dwg #2 dated 9-10-81, revised 1-25-82; dwg #3 dated September 1981, dwg #4 dated 9-14-81, revised 1-25-82, 4-6-82, and which have been stamped "APPROVED" by the Division of Protection. No alterations of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. (2) A copy of the approved plans and the Land Use Permit shall remain on the project during:all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (3) A professional engineer, registered in the State of Vermont, is to super- vise the installation of the exterior wastewater collection system and water supply system, and upon completion of construction, but prior to the occu- pancY of any building, the engineer is to make written certification to the Division of Protection, stating all work was completed in accordance with the stamped approved plans. (4) In associ.� tiom with Condition #4 stated above, the engineer's certification is to include, but not be limited to, the dates of inspections, items inspected, and the results of infiltration/exfiltration testing of the man- holes, gravity sewer collection system, and water distribution system. (5) Prior to construction of any unit, complete and satisfactory plans for the interior waste and water distribution plumbing and interior ventilation for each unit are to be submitted to, and written approval received from, the Division of Protection. If the applicant wishes to commence site work, a written request is to be made to the Division of Protection outlining the work to be undertaken, at which time permission can be granted with the understanding that no construction of the buildings will be allowed until the interior plans have been approved. Certificate -of Compliance 4CO511 Page 2 (6) The sewage pumping station shall be operated at all times in a manner that will not permit the discharge of effluent onto the surface of the ground or into the waters of the State. Dated this 4th day of May, 1982 FOR THE DIVISION OF PROTECTION in the Town of Essex Jct., Vermont 4Zs7!F----A-­g­an—,PjE, ss t Reg. Eng. rr st P. Chri anson, Reg. Engineer JFA/bmg/EPC cc: P. Howard Flanders Ernest P. Christianson Katherine Powers City Planning Commission Bob Krebs, PE enc. Ile fr.o r-.-17- G .E TOWN CLERK'S OFFICE So. &wlin,tcm, Vt. Recehued for record at 46-5 o'J P- M., arA recorded in Vol. T'D 2 on page Acrt '�• Town C` e 73 ' 0 x SURVEYED DRAW74 BC/YJ CHECXED '11'A WEBSTER - MARTEN, INC scAiEr-moo CONSULTING ENGINEERS SOUTH BURLINGTON, VERMONT SECT N0. TEL. 862-0056 w DATE ORA10pl�, NQ `�. o 5a j A P/G °'� of 4a4� 4 TO WIN CLERK'S OFFICE Sv?. 'p:4r1i 1gt0'j, Vt. 2 0 19 C '`t'ed for record at a C 7 `� s o'clock -�_�'rf., ark rrrca: a in Vol. —� of ort Page �`� Awst oum Clerk ,QE _-I- c B - /- z9C-0 (;I - SW 'EYED DRAWN 4 �<0 •e .3 0 ��p 0 � s � f moo. i i i WEESTER - MAR"�.N', INCSCALe _ CONSULTING ENGINEERS SOUTH BURLINGTON, VERMONT PRoJF.c7 N , TEL. ;o62-0056 �iB�ftFi�3 h MT�L DR AWMIS XQ. No Text April 23, 1984 Mr. Ying Lui 40 Highland Terrace South Burlington, Vermont 05401 Re: Ashbrook Park Dear W.Lui: I understand that you plan to complete the driveway and parking area in the near future. The Planning Mission at it's final plat approval stipulated a couple of modifications to your plan which must be conplied with. Enclosed is a copy of the minutes, please note item 1 and 11. Also, be advised that the base material within the travel area should be the same as required by the City standards set -forth within our subdivision regulations. Very truly, Richard Ward, Zoning Administrative Officer Fw/ncg 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 863.2882 ZONING ADMINISTRATOR 658-2486 February 23, 1982 Ying Liu 1 Highland Terrace South Burlington, Vermont 05401 Dear Mr. Liu, On October October 13, 1981 the South Burlington Planning Commission granted final approval for your 17 unit multi -family project on Dorset Street. The project complies with the South Burlington Comprehensive Plan. Sincerley, David H. Spitz, City Planner DS/mcg October 15, 1981 Ying Liu 1 Highland Terrace South Burlington, Vermont 05401 Dear Mr. Liu, r Enclosed is a copy of the Planning Commisslons approval with stipulations for your 17-unit "Ashbrook Park" development. All stipulations must be sat- isfied before you can be issued a building permit. Please note that your revised plat must be submitted to my office for approval. After approval you must submit 1 milar copy of the first Rage for recording and 3 blueprint copies of the entire set of plans. Please call if you have an questions. Y y qu ns. Sincerely, David H. Spitz, City Planner DS/mcg State of Vermont Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council Peter M. Schimek Norm's Plumbing & Heating 351 Lakeshore Road Colchester, VT 05446 AGENCY OF ENVIRONMENTAL CONSERVATION October 29, 1982 DIVISION OF PROTECTION Ill West Street Essex Jct., VT 05452 879-6563 Re: Case No. 4CO511 interior plumbing comments Ashbrook Park Condominiums, Dorset Street, So. Burlington Dear Mr. Schimek: Our office has completed an initial review of the interior plumbing for the above referenced project and have determined that the additional information listed below will be needed before approval can be granted. Please note that these comments were prepared by Mr. Robert Hood, Environmental Technician. (1) The horizontal waste & water distribution plans depicting the water and sewer service entrances does not coincide with two of the buildings shown on the approved site plan. We need three different plumbing plans for each building as the site plan depicts different water & sewer service entrances to all three buildings. (2) Indicate that PVC schedule #40 wastel& vent piping used above grade shall be installed in accordance with the Fire Prevention Code of the Slate of Vermont. (3) The � inch hot water line serving the kitchen sink & dishwasher must be 3/4 inch to a point where the kitchen sink branch supply fitting is located. (4) The hot and cold water lines to the upstairs must be carried to a point where the bathtub/shower branch supply fittings are located. Upon receipt of the above items, we shall continue our review. Should there be any further que§tions, please do not hesitate to contact me. Sincerely, Jyl, T= (77 dE ames F.Agan, Assistant Regional Engineer JFA/bmg cc: P. Howard Flanders, PE Ernest P. Christianson Ying H. Liu So. Burlington Planning Commission Katherine Powers 1 May 25, 1982 Mr. Ying Liu 40 Highland Terrace South Burlinqton, Vermont 05401 Dear Mr. Liu: Be advised that the South Burlington zoning Board of Adjustment has granted your request for a zoning variance. The Board will issue formal findings at a later date. This office will issue a permit upon request. If you have any questions feel free to call me. Very truly, 1/ Richard Ward, V Zoning Administrative Officer 'U/mcg 'S .-zz rL -4 / SOUTH BURLINGTON. ZONING NOTICE In accordance with the South Bur- lingion Zoning RegulatioM and Chooter 117, Title 21 V.S.A. the South Burlington Zoning Board df Atll ustment will hold a public hearing of the South Burlington Municipal Offices Conference Rom, 575 Dorset Street, South M�o!in ton, Vermont on 24, Montloy, 1982, at 5.00 P.M. to con- sider the follow,np: 1. MDeal of Gerald'D)Vinconzo seeking 0 variance, from Section 11-00. Dimensional requithe South rement of Request isorIcon Regulations. locate 0 15'x22' aermrssion to re. twenty -live (25) Parafeet de to within rear yard at 9 Woodc est Drivthe e. 2. ADpeOI p} Yi Delve. Liu seekin ng and Josephine j "on Iking 0 variance, from Sec. ments an0 Dirnensionol require- ecfion 11.25 of South Burlington Regulations. the the guesI is Ion permission to cRe- struct 0 multi-fomily on unit Con - to within one hundred and forty (140) leer Of Interstate 89 tlntl a second dwelling unit to with Sixty-nine (69) feet Of the req itrldin frant vord, of 701 Dorset Sfreet. 3. Appeal of Wlndridge Home- owners ASSOC cation., Gerald John. son' agent seeking a v earia I Section 1100 Donal nce. imens nce, requirements of the South Burling- ton Regulations. Request Is for permission to construct a )0'x15' deck to within twenty (20) feet of the required rear vord, at units 1, 2, Ond 3. Windridge. Dive, 175 Kennedy r �- Ao,,, Of Harper Hoteli, Inc, L.M. field, agent seeking o vIrtc ' farming }ram Section Orii 13.00. Non. con. ( tension Sections structures, ex. I1.00 dimensional ;�uRements Of the South Burling- egulations. Rea,s, is far fionPerS)On to construct an odd) fion to aporoximately 3,7M SOuore feet. Oddition to within fifteen (15) feet a1 eastebe rly side vord, existing structure is (O- cated to within two and one toff (2.5) feet of ifx eOSter)v side Yard. Proposed addition Bs an cote tO 1he lounge Ond ease fion prep at the Hoe dov llnirl68cu WMist on Rood. 5. Appel of Ciement COulllard seek tlq p yOriOrice, from Sect-on Of Othe DnrTtenS1011p1 requirements South Burlington Regu- lations. Request is for permission to relocate 0 I649 sirpie faintly Owtll- mg 2n for with itttachetl garage to within forseven (4 O reef of the required front vord, on o of lo- cated to the north pt Sa Spear Street. Rl—rd Word, May 8ZoningAdministrative Officer May 11, 1982 Mr. Ying Liu 40 highland Terrace South Burlington, Vermont 05401 Re: Zoning hearing Dear Mr. Liu: B� advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Office$, Conference Room, 575 Dorset Street on Nbnday, May 24, 1982 at 5:00 P.M. to consider your request for a zoning UU variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg , NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant /1 � 0, �C7 H/�j/14 Name, address of property owner _ `���%�. "Or VE— > Property location and description JG' / Z)e eSG7' Y 7- J �. JAI R L ,,-✓57-D4 O v�(1� T/nrG' !�' W/7- &3d k7- &y%- .1ad/JC— 4'G US' _5. 3hbeK.- S 677L,*A1D /��P�'o I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held t:;;ic` ::Ton.:'.: (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing_fee of $30.00 which is to off -set the cost of the hearing. 4 Hearing Date �f_gnature'-01Appellant ________Do_not write below this line ------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on , _, at (day of week) month and date) time to consider the following: =¢' , Appeal of seeking a f from Section �m f of the South Burlington Regulations. Request is for permission to June 30, 1966 Mr. Henry Pare 701 Dorset Street South Rurlington, Vemont Dear Mr. Pare: This is to notify you that the South Burlington Board of Selectmen will hold a public hearing at the Town Office Building, 555 Dorset Street on Tuesday, July 19, 1966 at 7:00 P.M. to consider your request for a zone change for final passage. Please plan to attend. Very truly yours, Henry LeClair Town Manager HL/h June 30,, 1.966 The Burlington Free Press Association College StreetQ1 Burlington, Vermont Gentlemen: Will you please insert the following legal notice in a classified Display in your issue of Saturday,, July 2, 1966: SOUTH 13TTRLTNGTON LEGAL NOTICE The South Burlington Board of Selectmen hereb ive notice that there will be apublic hearing at the 'Town ffice Building, Dorset Street, South Burlington, Tuesday, July 19, 1966 at 7:30 P.M. to oonsi ng ordinance for final V' 1' 54 AN ORDINANCE TO AJMND "THE SaK% BUR TON ZONING ORDINANCE Err CREATION OF AN ADDITIONAL ESIDENTIAL DISTRICT B". The Selectmen of Sou ton *by ordain: Section 1. The S th Burling Zon g Ordinance adopted ebru Fary 28, _4" and the, fficial zoning map adopted in connectio ltherewith lsereby amended by changing the land use the follo � ig described land from 'QA - -mmups t to Relic ri.tial District B. rA reel of land 'oVned-Sy Henry Pare located at 701 not ;treat A-g-ving a frontage of approximate.1y three ndred ninety''ight (396) feet and lying within the "'Aiangle f,)me lay Dorset Street on the east, Route 89 0*"the FAuth Route 189 on the north. Section d)rdinance shall take effect from its passage. Henry Let Clair Town Mandger Please send bills and 21 tear sheets, to this office at 555. Dorset Street. Very truly yours, WM O R D I N A N C E AN ORDINANCE TO AMEND "THE SOUTH BURLINGTON ZONING ORDINANCE BY CREATION OF AN ADDITIONAL AREA OF RESIDENTIAL DISTRICT B". The Selectmen of South Burlington hereby ordain: Section 1. The South Burlington Zoning Ordinance adopted February 28, 1964, and the official zoning map adopted In aoxu-iection therewith is hereby amended by charging; the land use of the following described land from Planned District to Residential District B. A parcel of lend owned by Henry Pare located at '?Ol Dorset Street having a frontage of approximately threehundred sight t398) feet and lying within the triangle formed by Dorset Street on the eas�', Route 89 on the south and Route 189 on the north. Ste t n 2. This ordinance shall take effect from its passage. APB IOtiED .w.. , 1966 incent 7T. Dfl;uti,Chairman Rob;rt K. Ashley P're er ek G. glais A.u,gustus T. Stannard tep en R. VEttlesey r� SOUTH BURLINGTON BOARD OF SELECTMEN Mr. Henry Pare 701 Dorset Street South Burlington, Vermont Dear Mr. Pare: June 9, 1966 Its At their June 7, 1966 meeting, the Board,, Selectmen unanimously voted to deny you o n Dr request for a z change Dorset Street. °' /e ause c' a the vast number of IC,,, whickhIAhey would object to, �\tiikla=`zone area. The request was denie44 commercial activities, some that could be carried on and You might wi to you, one, resu would still allcxw two, wait until4'4' planners rezonihn HLA btit your 1� you to pro ome time th recommenda er avenues still open. ues or Residence B, which d whb what ,you want, or 'fall for the comprehensive ns. 'Very truly yours, Henry LeClair Town Manager ,/' v f Q 'a , I..�ct1a:. MQTICES PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Pianning Commission will hold a public t hearing F all, Confect ce Raelm y on C 475 Dorset Street, South Burlington, aj P On MT ue t s consider the fol- lowing: Ilm narvlation plot by Ying PPfOval uofan ore. 18 unit subdivision (4 units are exist- Ing) on Dorset Street near Ken- bouon Is ndedivon thenortned h by Chastenov, on the East by Fahey: and Dorset Street, and on the south and west by Interstate-09. 2) Application by Robert Ryan et' at for preliminary plat approval of an 84 ion 0" Hinesburg niRoad band lsKennedy! Drive. Property Is bounded on the north by the the Dumont develop Of, - u� T rk and; onthe south by Reilly ire. Company, San Remo Really. Church of God, and Kennedy -Drive; and on the west by Goodrich and Hinesburg Rood. 3) Application by Ray Pecor for final plat approval of a 134 unit ear Street. Prop- eurty Subdivision bounded onthethe north by the UVM Horticultural Fcrrn. Now land, Gagnon and Under- wood; on the east by Spear Street, Kelly, Tremblay, Newton and Un. derw9ad; on the south by Pheasant Way; and on the west by Hunt, Underhill, Farrell,, McKinley, Bonsai, and theUVM', Horticultural Form. Copies of theapplications areovar.. lloble for 5 South Burlington ngtonblic lCity nspection Of heHOII Sidney B. Paper Chairman South Burlington Planning Commission June 27, 1981 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlinoton Planning Commission will hold a public. hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, October 13, 1981, at 7:30 P.M. to consider the following: I Application by Ying Liu for final I plat approval of a 17 unit sub division (4 units are existing) on Dorset Street near Kennedy Drive. Subdivision is bounded on the north by Chastenov, on the east by Fahey and Dorset Street, and on the south and west by Interstate-89. Copies of the application are ovailoble for public inspection at the South Burlington City Hall. Sidney B. Pocer, Chairman, South Burlington Planning Commission Scalember 26, 1981 555 DORSET STREET SOUTH BURLINGTON, VERMONT