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Home My WebLink AboutBATCH - Supplemental - 1001 Dorset StreetCITY CLERK'S OFFICE ` Received D Recorded in ol, 1 at �_ M Of So. Burlington Land Recordson page3W; WARRANTY DEED Attest: Margaret A. Picard, City Clerk KNOW ALL PERSONS BY THESE PRESENTS, THAT I, BARBARA JEAN GAY, of South Burlington, County of Chittenden, State of.Vermont, Grantor, in the consideration of Ten and More Dollars paid to my full satisfaction by CHRISTOPHER D. BISHOP and JANET J. ._BMHbF tip South Burlington, County of Chittenden, State of Vermont, Grantees, by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantees, CHRISTOPHER D. BISHOP and JANET J. BISHOP, husband and wife as tenants by the entirety, and their heirs and assigns forever, a certain piece of land in South Burlington, State of Vermont, described as follows, viz: Being all and the same lands and premises conveyed to Barbara Jean Gay by Warranty Deed of David B. DuBrul dated December 30, 1998, and of record in Volume 444, at Page 414 of the City of South Burlington Land Records; said lands and premises being more particularly described as follows: Lot 7, containing a house and other improvements on .526 acres, more or less, situated on the westerly side of Dorset Street, so-called, as shown and depicted on a plat entitled "Olde Dorset," prepared by Vermont Land Surveyors, dated August 5, 1990, last revised December 21, 1994, and recorded in Map Volume 386, at Page 73 of the Land Records of the City of South Burlington (the "Survey Plat"). The property herein conveyed is subject to and benefitted by utility easements of record, and other easements and rights of way, including a right of way for ingress and egress over Lot 6, as depicted on a plat entitled "Old Dorset Site Plan, 1001 Dorset Street, South Burlington, Vermont, Sheet C-1", prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of said Land Records (the "Site Plan"). Pursuant to a Notice of Conditions of Subdivision Approval dated October 10, 1997, and recorded in Volume 416, at Page 406, the owner of Lot 7 is prohibited from: construction, filling, removal of vegetation from, or mowing of grass within, the wetland or buffer strip shown on the Site Plan. Being a portion of the lands and premises conveyed to David B. DuBrul by Administrator's Deed of Delima Wright and Francis G. Myers, Co -Administrators of the Estate of Frances S. Myers, dated June 17, 1994, and recorded at Volume 364, Page 17 of said Land Records. / Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made and their respective records and references in aid of this description. 4 TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, CHRISTOPHER D. BISHOP and JANET J. BISHOP, husband and wife as tenants by the entirety, and their heirs and assigns, to their own use and behoof forever; And I, BARBARA JEAN GAY, for myself, my heirs and assigns, do covenant with the said Grantees, CHRISTOPHER D. BISHOP and JANET J. BISHOP, and their heirs and assigns, that until the ensealing of these presents I am the sole owner of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as stated herein. And I hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as stated herein. IN WITNESS WHEREOF, I hereunto set my hand and seal this 2.'14"' day of September, 1999. IN THE PRESENCE OF: -- 0 17 W' ess 4ARAJt tj GAY I STATE OF VERMONT CHITTENDEN COUNTY, SS. At gl-r I i yt cr ,Vermont, this �I 4Vay of September, 1999, BARBARA JEAN GAY pers sally appeared and acknowledged this instrument, by her sealed and subscribed, to be her free act and deed. Before me )oi�t�aryPub—lic My commission expires: 2 /t U/ 03 Vermont Property Transfer Tax 32. V.S.A. Ctiap 231 RETURN REC D-TAX;WD Or H'eAlTfi MIT. REC'D, UIRO UC_ 8 DCJE : Ci!i.;ENT PLANS ACT. CLRT. REC-D Retum No. ��cand,Clerk Date END Or DOCUMEN"' �' 5 DIA. CPEP CULVERT :.`. �°6�2��°.w : 195 f LONG = a$- 1 \ NV, OUT ®ELEV. 352 NOTE: TOTAL WETLAND; AREA �,. 10' DRAINAGE 8°°°,-�; H3 ".: E-ASEMENT TYP. 49,000 S.F. +/- - --- 1.1 AC- + 90' 86• . 2.0 LOT. j - 6 4 22,0 5 x� . ,, _• ,. � S.F. o •0 15"E REMOVE o. Ace. / ss ' ss 353. EXIST." SHED r .- T-- r W " 0,446 A EDGE OF WETLAND Lo DRAINAGE AREA LOT - - VEGETATED •BUFFERS IP AftOiiND` ; •22,�8 S.F N-Q TLAND ARO-A' 15'_-TO. 25'- WIDE (TYP-) — 0. 10 AC o oa�+ EXISTING RESIDENCE TO BE LOT � i O . CONVERTED TO A TWO (2) Q UNIT UPLEX DWELLING 69.63)Ac - _ •�� TEMPORARY SNOW EDGE OF !` b► `� �; FENCE\BARRIER, GARAGE _ dz � - W _ GATE _ ;�� 2'� STABILIZED TYP. _ -- j - N rN TURF, TYP. po ,J - �., ', ' .� .7:`rc .cr-�'..,11-,- ,•'(7 / U'f,._ ,fit... ! '/ � ��,�OO•.i Lo 22.912 S.F.0.526 AC - 14 PAVED _E SINAI INC. i Q t10 DRAINAGE 0 IEASEMENT, TYP. 1 Y °�O, 10' X 10,60 , 3� SHED CONTINUOUS BALED MAY EROSION HECkS, TYP. �r ... � ��' 2' TASILI ED- :._, ,�� ti � � �'�'"� pro �,��• t . - _ Q� -• �\ Tl1R TYP. •=' ` ZL METAL END 10PAVED ; .. ' 7 t FUTURE 5 WIDE SECTION, TYP. \� SIDEWALK, TYP. CPEP CULVERT i �F: ZR pR u 3 , - ;,�w SS ' �' � 30 X 40 ACCESS P �� p,G• X 110 t LONG � � o�� . NV. OUT ®ELEV. 359.9' `� - 1c �\ ,� ,- r EASEMENT FOR G_ MAILBOX LOCATION, LOTS 3, 4. 5 & 6 2 1/2" (MINAPPROXIMATE .) SUGAR - �o MAPLES, 19 TYP. _ -- - A 30' X 80' ACCESS 30' X 85' ACCESS - EASEMENT FOR LOT #6 EASEMENT FOR `t EXISTING MAPLES LOTS 4 & 5 N /F C) TY OF - - " TO REMAIN �- d�� MAILBOX LOCATION_ C6. 2 r. r m TEMPL E S/NA/, //lam + �- kiX. /99, /06 /17 nor I PP•!/l 50 FT. a'I--� Q.x116AL�S l� /01 M1.411wrle EASEA�/VT b r I i JO'.Y 6o'.4ey S E4SE1AENrnW Lor.7 /01.2T lavPACL-/v6w • r1w PAOC ro BE SET O IwWr7F A0vAfAI0EWr 7v LF SET 0 9fi9c-RrYLAW do- N 06' 52' 44 " W B0.00' 4B.JO EDGE CIS pEA Li44AYpGE.4Ee- EWER EASEML�0T - _ N /J' W 26.i' EX/S71►G E,Y7S771VG PANT ,ybUSE Zt h S 06'/5'24-I- �� N 26�y _ \ l� LAM') EAS6WNT LOTS 0 i'; Lar! PP,2PS SO FT. SO. Fr. O J/O ACRES O 305.4CArs 3 i0 r � � JO;YSJ'ALL^fSS � i EASEMENT fZ>4 h �' LOrSO4J05 JO;YSO'AQQFSS ' T0;r&0'AGtFSS i EASEAEMr nw I 0 EASEMlrNr fcw L Or /6 0 L OT /J PO' /00.00' WIP rO BE CCDVG4TE0 7- IN6 C/rY Ci- SO. BUS?L/NGTGW u EX/S77NG R/GHT Ci- WAY //� 10.X 40'4CCESS AXRSEr EASE Ivr ll> LOrS.T f,J8 6 J42 L PRGi�1PTY S,'�N'fV BE/NG L OT x 2 G1'V A PL AN EN77TL ED "PLAN Sht�WINC 2 L OT SGB-D/V MYERS PR5I9ERTY, OCWSET SM? Tr, SO. 9WL/N67-CW, I LW= SEPT. /963 d9Y AWRRENR08tWSI-EINRECORDED /N kVL, /66 PAGE SO. BGRL/NG7r,W LAAC RE-CCWOS. SAND L OT x 2 CCWrA/N/NG r 4• B AC CS. 2. PRCRERTY SAV#W O#McV BY/SAO0?C W B FRANC/S S. herERS AND /S OF kn. 20, PG. /06 CFA90kFMENT/i IWO LAND RECORDS. 3 REfZW 70 PLANS BY CHAIWLAIN COWSUL r/NG ENG/NEERS FOR U77L/77ES CONTOURS AND ENG/NEER/NG DETA/L S. ray From: David W. Rugh <DRugh@firmspf.com> Sent: Monday, October 24, 2016 11:00 AM To: ray Cc: Paul Conner Subject: RE: Sewer Easement Question Hi Ray, Thank you for your inquiry. The City has three choices in this situation (really four since there's also a "do nothing" option), depending on whether'the City (Justin/DPW) ever thinks it will need to use this sewer easement now or 30 (or 50) years from now. One option is for the City to convey to Mr. & Mrs. Bishop its interest in the sewer easement area on Lot 7 by Quitclaim Deed. This conveyance would be permanent such that if the City ever needed this easement, it would need to acquire a new one by permission or condemnation. It seems a little strange that the sewer line "dead ends" at this property and doesn't continue to connect to the sewer line that runs near Dorset Street. Is there any purpose to this "dead end line," meaning does it serve the house on Lot 7? Or, was it intended to connect to the Ridgewood Drive subdivision/development at some point in the past or perhaps if the Temple Sinai lot was ever developed? Just curious.... The second, less permanent option is for the City to grant a license or lease this area to the Bishops. The license or lease could be either for a certain term of years or it could be revocable at the City's option. This is a much less preferable option than the first option to the Bishops, as they probably prefer to have "clean title" to this area of their property if they're going to construct a structure over it. If the City (Justin/DPW) doesn't ever see a need for a sewer line in this location in the future, the City may just want to go with the first option. In either case, the City should post and publish a Notice of Sale of Municipal Real Estate to convey the easement (or license/lease) the easement area to the Bishops. This Notice will need to be published once and posted for 30 days prior to the conveyance. A third option would be to allow the Bishops to build a garage over the easement area but enter into an agreement that provides that if the City ever needs to excavate or access the sewer line, it would be the Bishops' responsibility to clear the garage to allow for the excavation and to pay for the increased costs of such excavation. The agreement would place the burden of repairing and restoring the garage floor after such excavation on the Bishops and require them to pay for any work related to the excavation and any repair/restoration at their sole cost, expense and risk. Also, I note, at least based on the plat, that about half of this easement area is within a 15' buffer from a stream or drainage area. I'm not sure if this buffer still applies, but it seems likely that if a garage will be built here that it may also be located in the buffer, which is problematic. Please let me know if you have any questions, as I'm happy to assist with this if it proceeds. Thanks, Dave David W. Rugh, Esq. Stitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 Phone: 802-660-2555 Fax: 802-660-2552 drugh@firmspf.com Website: www.firmspf.com CONFIDENTIALITY NOTICE: This E-Mail transmission and any accompanying documents contain information that may be subject to the attorney -client or attorney work product privilege and therefore are CONFIDENTIAL and legally PRIVILEGED. Neither the confidentiality nor the privilege is waived by this transmission. If you have received this transmission in error, be advised that any disclosure, copying, distribution, preservation or action taken in reliance on the contents of the information in this transmission is strictly prohibited, and you are asked to please immediately notify the sender by reply e-mail or by calling 802-660-2555 and delete this message and all attachments from your storage files. Thank you. In accordance with IRS Circular 230, we inform you that any tax advice contained in this communication was not written or intended to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code, or promoting, marketing or recommending to another person any transaction or matter addressed in this communication. -----Original Message ----- From: ray [mailto:ray@sburl.com] Sent: Friday, October 21, 2016 3:23 PM To: David W. Rugh Cc: Paul Conner Subject: Sewer Easement Question Dave, We have a homeowner who has a small portion of a sewer easement on his lot that was meant to have a manhole in it. He claims that the manhole was constructed on the adjacent property and he no longer needs this easement on his lot. He would like to construct a garage over this easement and has asked us about that possibility. We asked Justin what he thinks and he is OK as long as the garage is at least 20 ft. from the manhole. I've attached a copy of the homeowner's deed, a copy of the easement for the manholes and a copy of that portion of the plat showing the easement (highlighted in yellow). Our question to you is what needs to happen to allow him to build over this easement area? Do we need to revise the plat to remove the easement from his lot or can he get an OK from the City Council to build over it assuming we don't really need it? Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. 2 00 aived d �ib d, E a 4�v fI b; v CORRECTIVE EASEMENT DEED (MANHOLES) KNOW ALL PERSONS BY THESE PRESENTS, that DAVID B. DuBRUL, of South Burlington, County of Chittenden, State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, paid to hire by the CITY OF SOUTH BURLINGTON, a municipality located in Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a perpetual easement and right-of-way for accessing, repairing and maintaining two certain manholes, over, on and through property of the Grantor located in the City of South Burlington, County of Chittenden and State of Vermont, and more particularly described as follows: Portions of Lots 5, 6 and 7 as the same are depicted on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1, " prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records (the "Plan"), being a twenty foot (20') wide area centered on those portioni shown on the Plan as sewer pipes, and those portions shown on the Plan as manholes. Said Lots being a portion of the land and premises conveyed to David B. DuBrul by Administrator's Deed of Delima Wright and Francis G. Myers, Co - Administrators of the Estate of Frances S. Myers, dated June 17, 1994, and of record in Volume 364, at Page 17 of the City of South Burlington Land Records. Grantee, its successors and assigns, shall have the right to access, maintain, repair and replace the sanitary sewer lines and manholes and all related appurtenances and equipment on the said Lots, at its sole cost, expense and risk. Grantor, his successors and assigns, shall have the right to enter upon, cross over or make use of the surface of so much of their property as is encumbered hereby, for ingress and egress purposes as depicted on the aforementioned Plan, but shall not erect, construct or place any permanent improvements or structures of any kind on or within a strip of land twenty feet (20') wide centered on the sewer lines and manholes as installed. New England Federal Credit Union joins in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to it by David B. DuBrul dated October 13, 1995, and of record at Volume 354, at Page 51 of the City of South Burlington Land Records, to the permanent easement and right-of- way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Delima Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul. A. Myers join in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to Delima M. Wright and Francis G. Myers, Co -Administrators of the Estate of Frances S. Myers, by David B. DuBrul dated June 17, 1994, and of record at Volume 364, at Page 26 of the City of South Burlington Land Records, and subsequently assigned to the said Delima M. Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers, to the permanent easement and right-of-way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul tk. Myers each has given Delima M. Wright a power of attorney to execute this deed, which powers of attorney were recorded on September 17, 1997, in Volume 415, at Pages 216-221 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above -granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for himself and his heirs, successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the same as aforesaid and that Grantor, and his heirs, successors and assigns shall warrant and defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. This Easement Deed is corrective of a certain Easement Deed dated September 30, 1997, and of record in Volume p , at Page'° of the City of South Burlington Land Records. IN WITNESS WHEREOF, DAVID B. DuBRUL, hereunto sets his hand and seal this day of &,/f F 199, IN THE PRESENCE OF: Wide ess By: Witness Witness Witness Witness Witness Witness X/ Witness DELIMA M. WRIGHT j FRANCIS G. MYERS, by Delim�',m. Wright, POA BERNADETTE M. HART, by Delima M Wright, POA GENEVIEVE M. CROLL, by Deena M. Wright, POA ISADORE E. MYERS, by DelimaM. Wright, POA CHARLES J. MYERS, by DelimaM. Wright, POA PAUL A. MYERS, by Delima M. Wright, POA STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At " ' ,Vermont, this k day of 1997, personally appeared DAVID B. DUBRUL, and he acknowledged this instrument by him, sealed and subscribed, to be his free act and deed. 9 Notary'Public n` My Commission Expires: STATE OF VERMONT�` COUNTY OF CHITTENDEN, SS. At '" , Vermont, this M dayof 1997, personally appeared SDC Duly Authorized Agent of the New England Federal Credit Union, 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 New England Federal Credit Union. 1 Notarye'Public My Commission Expires:v 4 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At - , Vermont, this 1,,1 J day ®f 1997, personally appeared DELIMA M. WRIGHT, and she acknowledged this instrument by her, sealed and subscribed, to be her free act and deed individually, and the free act and deed of Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers. F t Notary Xublic My Commission Expires: ley 7 r 00000542 V: 828 PG: 626 Received Nov 07t7008 01=°43P Recorded in VOL: 828 PG: 6:26 6-4D OF So. Burlinston Land Re.ords CORRECTIVE EASEMENT DEAD t e s t -- Donna Kinvi�.le City Clerk KNOW ALL PERSONS BY THESE PRESENTS, that DAVID B. DuBRUL, of South Burlington, County of Chittenden, State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, paid to him by the CITY OF SOUTH BURLINGTON, a municipality located in Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a perpetual easement and right-of-way for all purposes, including but not limited to, construction and maintenance of a street, construction and maintenance of a sidewalk or sidewalks, and construction and maintenance of a recreational pathway/bike lane, all of the foregoing improvements to be dedicated and devoted to use by the general public, over, on and through property of the Grantor located in the City of South Burlington, County of Chittenden and State of Vermont, and more particularly described as follows: A strip of land seventeen (17.0) feet in width located along the entire length of the easterly sideline of Grantor's property, known and numbered as 1001 Dorset Street, said strip of land having a sideline of 744.22 feet, more or less, along the westerly edge of the right-of-way of Dorset Street, as the same is depicted on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1, " prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records (the "Plan"). Said strip of land being a portion of the land and premises conveyed to David B. DuBrul by Administrator's Deed of Delima Wright and Francis G. Myers, Co - Administrators of the Estate of Frances S. Myers, dated June 17, 1994, and of record in Volume 364, at Page 1.7 of the City of South Burlington Land Records. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said roadway, sidewalk and recreational pathway, including the right to install, maintain, repair and replace all necessary bridges, culverts, cuts, curbs and ramps, at its sole cost, expense and risk. 00is0i e54-2 V : 828 F°G : 627 1 ) By its recording of this Easement Deed, Grantee agrees, for itself and its successors and assigns, that any premises of Grantor lying outside the scope of the easement and right-of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that it will indemnify and hold the Grantor harmless; to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this Easement Deed, acknowledges that this easement has been donated to the City of South Burlington, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction, a temporary easement and right-of-way extending five (5) feet west of the entire length of said permanent easement and right-of-way is hereby granted. Said temporary easement and right-of-way shall expire once construction is completed and the sidewalk/recreational pathway is open to the public. Grantor, his heirs, successors and assigns, shall have no right to enter upon, cross over or make use of the surface of so much of his property as is encumbered hereby, except for ingress and egress purposes as depicted on the aforementioned Plan, and insofar as the general public may make use thereof consistent with the intended purposes of said easement and right-of-way. New England Federal Credit Union joins in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to it by David B. DuBrul dated October 13, 1995, and of record at Volume 384, at Page 51 of the City of South Burlington Land Records, to the permanent easement and right-of- way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Delima Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers join in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to Delima M. Wright and Francis G. Myers, Co -Administrators of the Estate of Frances S. Myers, by David B. DuBrul dated June 17, 1994, and of record at Volume 364, at Page 26 of the City of South Burlington Land Records, and subsequently assigned to the said Delima M. Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers, to the permanent easement and right-of-way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. 00000542 V n 828 PG: 628 Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers each has given Delima M. Wright a power of attorney to execute this deed, which powers of attorney were recorded September 17, 1997, in Volume 415, at Pages 216-221 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above -granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for himself and his heirs, successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the same as aforesaid and that Grantor, his heirs, successors and assigns shall warrant and defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. This Easement Deed is corrective of a certain Easement Deed dated September 30, 1997, and of record in Volume _, at Page of the City of South Burlington Land Records. 00000 ro4i.2 V C 828 PG: 629 IN WITNESS WHEREOF, DAVID B. DuBRUL, hereunto sets his hand and seal this day of?�Ztu� , 19c) IN THE PRESENCE OF: itness By: itness Witness '/' I Z"" "06' Witness /tnce- W Witness Witness DELIMA M. WRIGHT FRANCIS G. MYERS, by Delina M. Wright, POA ` co,..,- /21 . L , BERNADETTE M. HART, by Deliqfa M. Wright, POA GENEVIEVE M. CROLL, by Del ima M. Wright, POA ISADORE E. MYERS, by Delima M. Wright, POA CHARLES J. MYERS, by Delirda M. Wright, POA PAUL A. MYERS, by Delima M Wright, POA STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At x , Vermont, this r 6' day of CC �-o 6..� , 1997, personally appeared DAVID B. DuBRUL, and he acknowledged this instrument by him, sealed and subscribed, to be his free act and deed. Notary Public My Commission Expires: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At �-3 Q , Vermont, this f U day of h C AO ✓ , 1997, personally appeared t anie ( Q . (�Cn-t� I: Q , Duly Authorized Agent of the New England Federal Credit Union, 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 New England Federal Credit Union. N At ar rpub is My Commission Expires: r. Ito I C? STATE OF VERMONT COUNTY 9F CHITTENDEN, SS. At 2-5SR,<� , Vermont, this /07-"" day of ock" - , 1997, personally appeared DELIMA M. WRIGHT, and she acknowledged this instrument by her, sealed and subscribed, to be her free act and deed individually, and the free act and deed of Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. ers. Notary ublic My Commission Expires: d Vermont Proaerts Transfer Tax 32 V.S.A. Chap 231 —ACKNOWLEDGEMENT— RETURN REC'D-TAX PAID BOARD OF HEALTH CERT. REC'D. VT LAND USE & DEVELOPMENT PLANS ACT. CERT. REC'D Return No. ------------------------- Donna kinville City Clerk Date Nov 07 r 2008 EN k NT � I+CS aMat&__.4) uU -M c: In Vd —aLe_ on fie- n�..�.._-_ie'i �WkWM lead ReMrAS A Picard. Citv Ck!fi WHEREAS, DAVID B. DuBRUL, of South Burlington, Vermont ("Owner" herein) is the owner of 4.76 acres of land in the City of South Burlington with 744.22 feet, plus or minus, of frontage on Dorset Street, so-called, which land was acquired by Administrator's Deed of Delima Wright and Francis G. Myers, Co -Administrators of the Estate of Frances S. Myers, dated June 17, 1994, and recorded in Volume 364, at Page 17 of the City of South Burlington Land Records; and WHEREAS, Owner has obtained approval for development of said property for residential purposes in accordance with an approval granted by the South Burlington Planning Commission on July 6, 1996, which approval is fully set forth in the minutes of the Planning Commission meeting on such date; and WHEREAS, the above -stated approval of the South Burlington Planning Commission obligates Owner to (i) place restrictive covenants in the deeds for Lots # 1 and ## 3-7 as shown on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1," prepared by Champlain Consulting Engineers of Colchester, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records (hereinafter "the Plan"), which covenants shall prohibit any construction, filling, removal of vegetation from or mowing of grass within the wetland or buffer strip (as said strip is shown on said plan); and (ii) grant to the City of South Burlington an easement for access over and cross Lots 5, 6 and 7 for purposes of accessing, repairing and maintaining two (2) certain manholes to be located on those Lots, as shown on the Plan; NOW THEREFORE, in compliance with said approval, Owner hereby agrees to be bound by the conditions of said approval and gives notice that the above -described lands are and shall remain subject to the following conditions and restrictions which shall run with the land, be binding upon the Owner and his successors and assigns, and shall be enforceable by the City acting by and through the City of South Burlington Planning Commission, unless or until modified or removed by that Planning Commission: 1. No construction, filling, removal of vegetation or mowing of grass shall occur on those portions of Lots 1, 3 - 7 which are identified on the plans as wetland or buffer strip areas. Owner shall place restrictive covenants in the deeds for Lots I and 3-7 as shown on the Plan, which shall prohibit any construction, filling, removal of vegetation or mowing of grass on said Lots within the wetland buffer strip (as said strip is shown on the Plan). Said covenants shall run with the land and be binding upon the Owner and his successors and assigns. 2. The City of South Burlington shall have the right to enter, cross over, and otherwise traverse Lots 5, 6 and 7 as the City deems necessary to access, service, maintain, replace and repair two (2) manholes and related facilities designated as manholes #1 and #2 of the Plan. Owner shall execute and deliver to the City an Easement Deed granting the City the necessary easement and right of way for the purposes described above. 3. In addition to any action the City of South Burlington is authorized to take under this Notice, the City may enforce the conditions and restrictions in the above -stated approval by an appropriate civil action in Superior Court. 4. This Notice of Conditions of Subdivision Approval shall run with the land, be binding on the Owner, and the Owner's successors and assigns, and shall be enforceable by the City against the Owner, and his successors and assigns. DATED at 46K'5; k ��— W ,1997. IN THE PRESENCE OF: rtness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Vermont, this 16) day of At , Vermont, this day of (hC t Le 1997, personally appeared DAVID B. DuBRUL, and he acknowledged this instrument by him signed to be his free act and deed. 9 Notary Public My Commission Expires: Ll v �?� T Cl,Lxx U US v% O ��- °� ' g ,� f so. 8vd tgw Land 11"l-A ",fed, ""N96ceo'! �� OFFER OF IRREVOCABLE DEDICATION v A P►Car4 c4tv 'A" Agreement made this /0 day of(5 e- f-"M , 1997, by and between DAVID B. DuBRUL, of South Burlington, Vermont (the "Owner") and the City of South Burlington, (the "City"). WITNESSETH: WHEREAS, the City Planning Commission has approved a final subdivision plat entitled: "Old Dorset Site Plan" dated March 25, 1994, last revised May 21, 1996, prepared by Champlain Consulting Engineers, of record at Map Volume 386, at Page 74 of the City of South Burlington Land Records; and WHEREAS, the final approval of the Planning Commission dated July 6, 1996, contains the following conditions: In accordance with the Owner's offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deeds conveying a seventeen (17) foot wide strip of land as depicted on said aforementioned final subdivision plat, said seventeen (17) foot strip to be used in the future for roadway and recreation path purposes by the City, and portions of Lots 5, 6 and 7 as depicted on said aforementioned final subdivision plat, said portions of Lots 5, 6 and 7 to be used by the City in the future for accessing, repairing and maintaining two certain manholes; and WHEREAS, the above -described strip and portions of Lots 5, 6 and 7 are to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owner has delivered easement deeds of conveyance to the City for the strip of land and portions of Lots 5, 6 and 7 above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owner, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner herewith delivers to the City an Easement Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owner herewith delivers to the City an Easement Deed, a copy of which is set forth as Exhibit B, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance of rejection of such Offer of Dedication by the City Council. 3. The Owner agrees that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 4. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Easement Deed shall impose no obligation upon the Owner to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes. 5. This Irrevocable Offer of Dedication shall run with the strip of land and portions of Lots 5, 6 and 7 and be binding upon the Owner and his respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and portions of Lots 5, 6 and 7 and any part thereof. IN WITNESS THEREOF, the Owner hereby executes this document as of the day first above written. IN THE PRESENCE OF: Witness - STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At SC , in said County and State, this day of 1997, personally appeared DAVID B. DuBRUL and acknowledged this instrument, by him signed, to be his free act and deed. Before me, Notary Public My Commission Expires: EXHIBIT A CORRECTIVE EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that DAVID B. DuBRUL, of South Burlington, County of Chittenden, State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, paid to him by the CITY OF SOUTH BURLINGTON, a municipality located in Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a perpetual easement and right-of-way for all purposes, including but not limited to, construction and maintenance of a street, construction and maintenance of a sidewalk or sidewalks, and construction and maintenance of a recreational pathway/bike lane, all of the foregoing improvements to be dedicated and devoted to use by the general public, over, on and through property of the Grantor located in the City of South Burlington, County of Chittenden and State of Vermont, and more particularly described as follows: A strip of land seventeen (17.0) feet in width located along the entire length of the easterly sideline of Grantor's property, known and numbered as 1001 Dorset Street, said strip of land having a sideline of 744.22 feet, more or less, along the westerly edge of the right-of-way of Dorset Street, as the same is depicted on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1, " prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records (the "Plan"). Said strip of land being a portion of the land and premises conveyed to David B. DuBrul by Administrator's Deed of Delima Wright and Francis G. Myers, Co - Administrators of the Estate of Frances S. Myers, dated June 17, 1994, and of record in Volume 364, at Page 17 of the City of South Burlington Land Records. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said roadway, sidewalk and recreational pathway, including the right to install, maintain, repair and replace all necessary bridges, culverts, cuts, curbs and ramps, at its sole cost, expense and risk. By its recording of this Easement Deed, Grantee agrees, for itself and its successors and assigns, that any premises of Grantor lying outside the scope of the easement and right-of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this Easement Deed, acknowledges that this easement has been donated to the City of South Burlington, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction, a temporary easement and right-of-way extending five (5) feet west of the entire length of said permanent easement and right-of-way is hereby granted. Said temporary easement and right-of-way shall expire once construction is completed and the sidewalk/recreational pathway is open to the public. Grantor, his heirs, successors and assigns, shall have no right to enter upon, cross over or make use of the surface of so much of his property as is encumbered hereby, except for ingress and egress purposes as depicted on the aforementioned Plan, and insofar as the general public may make use thereof consistent with the intended purposes of said easement and right-of-way. New England Federal Credit Union joins in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to it by David B. DuBrul dated October 13, 1995, and of record at Volume 384, at Page 51 of the City of South Burlington Land Records, to the permanent easement and right-of- way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Delima Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers join in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to Delima M. Wright and Francis G. Myers, Co -Administrators of the Estate of Frances S. Myers, by David B. DuBrul dated June 17, 1994, and of record at Volume 364, at Page 26 of the City of South Burlington Land Records, and subsequently assigned to the said Delima M. Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers, to the permanent easement and right-of-way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers each has given Delima M. Wright a power of attorney to execute this deed, which powers of attorney were recorded September 17, 1997, in Volume 415, at Pages 216-221 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above -granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for himself and his heirs, successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the same as aforesaid and that Grantor, his heirs, successors and assigns shall warrant and defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. This Easement Deed is corrective of a certain Easement Deed dated September 30, 1997, and of record in Volume , at Page of the City of South Burlington Land Records. IN WITNESS WHEREOF, DAVID B. DuBRUL, hereunto sets his hand and seal this day of , 1997. IN THE PRESENCE OF: Witness Witness By: Witness Witness Witness Witness Witness Witness Witness DAVID B. DuBRUL NEW ENGLAND FEDERAL CREDIT UNION Its Duly Authorized Agent DELIMA M. WRIGHT FRANCIS G. MYERS, by Delima M. Wright, POA BERNADETTE M. HART, by Delima M. Wright, POA GENEVIEVE M. CROLL, by Delima M. Wright, POA ISADORE E. MYERS, by Delima M. Wright, POA CHARLES J. MYERS, by Delima M. Wright, POA PAUL A. MYERS, by Delima M. Wright, POA STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont, this day of , 1997, personally appeared DAVID B. DuBRUL, and he acknowledged this instrument by him, sealed and subscribed, to be his free act and deed. Notary Public My Commission Expires: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont, this day of 1997, personally appeared , Duly Authorized Agent of the New England Federal Credit Union, 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 New England Federal Credit Union. Notary Public My Commission Expires: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont, this day of , 1997, personally appeared DELIMA M. WRIGHT, and she acknowledged this instrument by her, sealed and subscribed, to be her free act and deed individually, and the free act and deed of Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers. Notary Public My Commission Expires: EXHIBIT B CORRECTIVE EASEMENT DEED (MANHOLES KNOW ALL PERSONS BY THESE PRESENTS, that DAVID B. DuBRUL, of South Burlington, County of Chittenden, State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, paid to him by the CITY OF SOUTH BURLINGTON, a municipality located in Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a perpetual easement and right-of-way for accessing, repairing and maintaining two certain manholes, over, on and through property of the Grantor located in the City of South Burlington, County of Chittenden and State of Vermont, and more particularly described as follows: Portions of Lots 5, 6 and 7 as the same are depicted on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1, " prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records (the "Plan"), being a twenty foot (20') wide area centered on those portions shown on the Plan as sewer pipes, and those portions shown on the Plan as manholes. Said Lots being a portion of the land and premises conveyed to David B. DuBrul by Administrator's Deed of Delima Wright and Francis G. Myers, Co - Administrators of the Estate of Frances S. Myers, dated June 17, 1994, and of record in Volume 364, at Page 17 of the City of South Burlington Land Records. Grantee, its successors and assigns, shall have the right to access, maintain, repair and replace the sanitary sewer lines and manholes and all related appurtenances and equipment on the said Lots, at its sole cost, expense and risk. Grantor, his successors and assigns, shall have the right to enter upon, cross over or make use of the surface of so much of their property as is encumbered hereby, for ingress and egress purposes as depicted on the aforementioned Plan, but shall not erect, construct or place any permanent improvements or structures of any kind on or within a strip of land twenty feet (20') wide centered on the sewer lines and manholes as installed. New England Federal Credit Union joins in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to it by David B. DuBrul dated October 13, 1995, and of record at Volume 384, at Page 51 of the City of South Burlington Land Records, to the permanent easement and right-of- way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Delima Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers join in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to Delima M. Wright and Francis G. Myers, Co -Administrators of the Estate of Frances S. Myers, by David B. DuBrul dated June 17, 1994, and of record at Volume 364, at Page 26 of the City of South Burlington Land Records, and subsequently assigned to the said Delima M. Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers, to the permanent easement and right-of-way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers each has given Delima M. Wright a power of attorney to execute this deed, which powers of attorney were recorded on September 17, 1997, in Volume 415, at Pages 216-221 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above -granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for hiiiiself and his heirs, successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the same as aforesaid and that Grantor, and his heirs, successors and assigns shall warrant and defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. This Easement Deed is corrective of a certain Easement Deed dated September 30, 1997, and of record in Volume , at Page of the City of South Burlington Land Records. IN WITNESS WHEREOF, DAVID B. DuBRUL, hereunto sets his hand and seal this day of , 1997. IN THE PRESENCE OF: Witness DAVID B. DuBRUL NEW ENGLAND FEDERAL CREDIT UNION By: Witness Its Duly Authorized Agent DELIMA M. WRIGHT Witness FRANCIS G. MYERS, by Delima M. Witness Wright, POA BERNADETTE M. HART, by Delima M. Witness Wright, POA Witness GENEVIEVE M. CROLL, by Delima M. Wright, POA Witness ISADORE E. MYERS, by Delima M. Wright, POA Witness CHARLES J. MYERS, by Delima M. Wright, POA Witness PAUL A. MYERS, by Delima M. Wright, POA STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont, this day of 1997, personally appeared DAVID B. DaBRUL, and he acknowledged this instrument by him, sealed and subscribed, to be his free act and deed. Notary Public My Commission Expires: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont, this day of 1997, personally appeared Duly Authorized Agent of the New England Federal Credit Union, 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 New England Federal Credit Union. Notary Public My Commission Expires: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont, this day of , 1997, personally appeared DELIMA M. WRIGHT, and she acknowledged this instrument by her, sealed and subscribed, to be her free act and deed individually, and the free act and deed of Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers. Notary Public My Commission Expires: f State of Vermont . -40 SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Case: EC-4-1885 Environmental Protection Rules Applicant: David DuBrul Effective September 10, 1982 Address: 1001 Dorset Street South Burlington, Vermont 05403 This project, consisting of a seven lot subdivision, identified as lots #1 through #7 ranging in size from 0.436 acre to 1.599 acres with lots #1 through #5 and lot #7 proposed for individual single family residences and lot #6 for the triplex approved in Water Supply and Wastewater Disposal Permit WW-4-0366-1 located off Dorset Street in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL 1. The project shall be completed as shown on the plans Job No. 94102 Sheet C-1 "Site Plan" dated 3-25-94 revised 1-31-95; Sheet C-2 "Sanitary Sewer Profile" dated 3-25-94 revised 1- 31-95; Sheet C-3 "Details" dated 3-25-94 revised 1-31-95; Sheet C-4 "Details" dated 3-25-94 revised 1-31-95; Sheet C-5 "Specifications" dated 3-25-94 revised 1-31-95; and Sheet C- 6 "Specifications" dated 3-25-94 revised 1-31-95 prepared by Champlain Consulting Engineers and 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. 2. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 3. This project has been reviewed and -is approved for the construction of one four bedroom single family residence on each of the approved lots No. 1 through 5 and 7. Construction of other type dwellings, including public 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. Subdivision Permit EC-4-1885 Page 2 4. Lot No. 6 has been reviewed and is approved with an existing single family residence to be converted to a 6 bedroom triples as approved in Water Supply and Wastewater Disposal Permit #WW-4-0366-1. No other buildings are allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 5. 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 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. 6. This permit shall supercede Water Supply and Wastewater Disposal Permit #WW-4-0366 dated March 7, 1991, thereby rendering it null and void. WATER SUPPLY 7. Each 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. SEWAGE DISPOSAL 8. A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Wastewater Management Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each segment of the sanitary sewer extension and all manholes, as described in Appendix A, of the Environmental Protection Rules. Subdivision Permit EC-4-1885 Page 3 9. The subdivision consists of seven lots and is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 4895 gallons of sewage per day. 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. Dated at Essex Junction, Vermont this 15th day of May, 1995. William C. Brierley, Commissioner Department of Environmental Conservation By Ernest P. Chris ianson Regional Engineer c For the Record South Burlington Planning Commission South Burlington Selectboard Water Supply Division Dept. of Labor and Industry Champlain Consulting Engineers ;' jr • ice` ,' '�'' • � 4_, � ',�� - 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 2, 2000 David DuBrul 1001 Dorset Street South Burlington, Obi 05403 Re: Release of Escrow Agreement, Street Trees Dear Mr. DuBrul: Please be advised that the City of South Burlington hereby releases you of your obligation to maintain $6,600 in an escrow account with the Merchants Bank. City staff has inspected your street trees and finds them acceptable. If you have any questions, please give me a call. Sincerely r, R y and J. Belair, Administrative Officer RIB/mcp ESCROW AGREEMENT (TREE PLANTING) THIS AGREEMENT, executed in triplicate by and between DAVID B. DuBRUL, of South Burlington, Vermont (hereinafter referred to as "Developer"), the CITY OF SOUTH BURLINGTON (hereinafter referred to as "Municipality"), and the MERCHANTS BANK - N thereinafter referred to as "Bank"). WITNESSETH: WHEREAS, Developer has received approval from the Municipality for the development of a subdivision known as "Old Dorset" (the "Subdivision"); and WHEREAS, Developer is required by said approval, at its own expense, to complete certain improvements; and WHEREAS, the parties to this Agreement wish to establish an escrow account to secure the obligations of the Developer as set forth in the City approval; and WHEREAS, the Bank executes this Agreement solely in the capacity of escrow agent. NOW THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will, at its own expense, complete the following improvements in connection with its development. The planting of nineteen (19) trees along the Dorset Street frontage, as depicted on a plan entitled "Old Dorset Site Plan" by Champlain Consulting Engineers of Colchester, dated March 25, 1994, last revised May 21, 1996, and recorded in Map Volume 386, at Page 74 of the South Burlington Land Records and as referred to in the minutes of the meeting of the City Planning Commission of July 6, 1996. 2. The Developer shall complete the improvements set forth in paragraph one no later than three years from the date hereof. For the purpose of this Agreement, "completion" shall not be deemed to have occurred until the municipality has inspected and approved the plantings as required by this Agreement and issued written notice to the Developer that the plantings are complete. 3. Develop shall repair or replace any defective work or improper material and specifically replace any diseased or dying trees which may appear within three (3) years after completion. 4. For the guaranty of Developer's performance of all requirements hereinabove set forth, and prior to the issuance of any zoning permit for the Subdivision, the sum of $6,600.00 shall be set aside and held in escrow by the Bank and shall be available for payment to the Municipality in accordance with the terms herein set forth. 5. If the Municipality shall file with the Bank a statement that the Developer is in the judgment of Municipality in default under the terms of this Agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality, in amounts not to exceed a total enabling the Municipality to complete improvements and requirements set forth in this Agreement. 6. The Municipality will promptly submit to the Developer a copy of such statement as it files with the Bank. The consent of the Developer to such payment by the Bank to the Municipality shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 7. The Municipality shall not file with the Bank a statement of default until thirty (30) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so, during which period the Developer may cure the alleged default. 8. All monies released by the Bank to the Municipality pursuant to paragraph four (4) shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this Agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and materials basis or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgment of the Municipality shall accomplish the work most expeditiously and economically. 9. If monies are released by the Bank to the Municipality pursuant to paragraph four (4) and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this Agreement. 10. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph six (6) of this Agreement. 11. This Agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby, and the expiration of the section 3 warranty period. 12. This Agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. 13. The Developer and the City hereby agree to indemnify the Bank and hold it harmless from any and all costs, expenses, claims and causes of action for any reason whatsoever arising out of this Agreement, it being understood that the Bank is acting merely as a stakeholder, and has no liability to either the Developer or the City except as specifically stated herein. DATED at So 7`j t,v�� , Vermont, this v day of <59!5 � VV? , 1997. IN THE PRESENCE OF: Witness DATED at }oA IN THE PRESENCE OF: VID this �_ day of CITY OF SOUTH BURLINGTON G' By: itne s Its Duly Authoriz d Agent DATED at ,,t �,.v ,J , Vermont, this i day of CSC'. r-D i3 GlZ , 1997. THE MERCHANTS_. BANK IN THE PRESENCE OF: _ - -. lk�- C L2�— By: Witness is Duly A orized Agent NUMBER 1020155 The Merchants Bank BRANCH TYPE CODE INITIAL INT. RATE TERM FIRST RENEWAL DATE JISSUEDATE 105 .5.07 PERIOD: 12 14--1 MONTHS ❑DAYS 1;1-6-98 - LO-6-9 DAVid JuboUl or City of South 3urlington HAS DEPOSITED I NOT TRANSFERABLE AUTHORIZED SIGNATURE ADDRESS CLASS CODE LOCATION 1001 Dorset St IRA CONSOLIDATED 09 OFFICER ACCOUNT NO. TO CREDIT So Burlington Vt 05403 BOA SOURCE OF FUNDS 01 TEL. NO. TAXPAYER ID NO. OR SOC. SEC. NO. DATE OF BIRTH ISSUE DATE PURCHASE AMOUNT 1658-1056 008-30-0946 2-2-41 10-6-97 1 6,600.00 TEL. NO. TAXPAYER ID NO. OR SOC. SEC. NO. DATE OF BIRTH FIRST PAYMENT DATE FINAL MATURITY DATE (100,000 ONLY) 10-6-98 2 ACCOUNT RELATIONSHIP TERM: SOLE OWNER JJ JOINT "OR" TRUSTEE "OR" TRUSTEE "AND" PERIOD: 12 IN MONTHS 7 DAYS JOINT "AND" CUSTODIAN (UNIFORM GIFTS TO MINORS ACT)POWER OF F7 INTEREST RATE INTEREST PAYMENT FREQUENCY ATTORNEY 5.07 IDENT RG=INDIVIDUAL BU=BUSINESS BK=BANKS INTEREST DISP. (CD'S ONLY) ID A CODE FI=FIDUCIARY PF=PUBLIC FUNDS C I acknowledge that I have received a copy of the Early Withdrawal Penalty Disclosure. I understand that the Disclosure applies to the funds I have deposited. T.I.N. CERTIFICATION FOREIGN PERSONS: Under penalties of perjury, I certify that I am not a United States person, or (in the case of an individual) that I am neither a citizen nor a resident of the United States. ❑ Check if applicable CERTIFICATION: Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service that I am subject to backup withholding as a result of a failure to report all interest or divi s, or (c) the IRS has notified me that I am no longer subject to backup withholding. IMPORTANT INSTRUCTIONS- eck this box0 if ( e is not correct - ie: if you have been notified by the IRS tha ar currently subjec ackup withholding because of underreporting interest or dividend you x return and y ave not received npfice from the Service advising that backup withhol ' as minated. r r. SIGNATURE -T X SIGNATURE The Signer(s) on this card agree to abide by the rules, regulations and specific conditions governing this account presently or hereafter adopted and understand that accounts designated above as "joint" are owned by the depositors as joint tenants with right of survivorship. _ Signature(s) below indicates receipt of rules and regula disclosures.yoris and other appropriate ` /'� ,i /TIPATR/CK- YNSC9PYFY T�EQ9Gdk7 �S C R/OGEWOOD ESTATES DEYEL OPMENT INC SEEPLANBYFREDKOERNERM,4PYOL./53, P67 In • iw VE e . RID6EW� 1 - �^ GR,4kfZ }r PARKIN6,4REA 0 ._ Q Q ty '• !VO6•. 09 yp.. ' \ N 06' /5'TO .9TF/P,qq •2p, 6254' _ `�•66• \ EDGE O' FA _ I/ WETLANDS- V TEM-LES/Nq/, INC ChY/RCN ✓OL 199, PG /27 '� /6' .- /5'SEN'EREASEMENT-•. — — -- — —r 263' _ _ 64SEWWr LOT7 r- azs, � LOT 4 LOTS 2526ACAL-5! a e, N 6 SACAr5 L599AGSirS j Zc'22650 FT 270/550. FT, I D505 dGfliS /0'OPAINAGE b�l EASEAiLNT O � �. - _- r b- �' h57USEF0lAKYf V I EX,(ST/Nu EX/STbVG ' ' 30;YB5 ACCESS - PA4£A&WT 1 EASEAENriLM EASEAf9VrF0? '-7 , LOr/7 y'• I /022T 20Q OL 1 `- /7/5 aO1RSET LEGEND•. A46W ROD FOUND • LRf. /ROVP/PEFOUND • /ROMP/PE TO BE SET O COYCRETEAA9N44A'NT TO BE SET ❑ TROPERTYLAtI — — — "TCHB4Sdy 3OX90'ACCESS ti EASEAENrFCW � /I LOT i6 /00. 00' J� /7'STR/P MBF,9,-Z WATEO'TO 30'X 40' L PR0PeRTYShVWNBE/NG L OT v 2 a 2 LOT SUB-LVY. MYERS PROPERTY, A DATED SEPT• /9B,iBY W4RRENRQ9EN, SQ 9LB4L/N6raVLA4DREC6WDS .£4/O 2. PRL"ERTY SMPWN OWNED 9Y/S40L OF VOL. 20, PG /060FAB0VEMENTi d REFER TO PLANS Sr CYrAMPLA/N Ca COYTOLI?S ANO ENG/MER1NGOEr4&S, 4 TOTAL AREA OFLO7-5/-7EG69LS AREA LUF/7FL STR/P£OLWLS TOTAL AREA OEPROlh-cTEOUALS � LOTS i4B iS 20- /00.00" C/TYQF SO. BGWL//........ R07T7 6 52' 44"W 6565M' it p i �J m lLLwrcrCOxs£Rvdrrov DVERLArARM 1 1 OLD LAZE rO BE 1 ZKZO'YED ti /9, 43B SO FT 1 1441,461 S 7pY 1' ti 3i �p � O A PLAN ENT/TL EO "PLAN SHO~PROPOSEO 4SE7- STREET, SO. 9447L/N67OV, l?. 0.6 AC " TE/NRECCORDED /N IDOL. /66 PAGE 4/ OF THE OT / 2 CQNTA/NNG.t 4.9 ACRES PE W 9 FRANC/S S MYERS AND /S A ACRrIaV W.0I-AA99 RECORDS. SUL T/NG EMWIVEERSFQ4 UTILITIES, 4 4T ACRES C?29/ACRE 476 ACRES SCALE= /,NCf/- 40 FEET O 20• 40- 90' /20" 160, 200' /42. 3J' I. r N 9475' W �i 35.6" INDMN CREEK CONDOM/N/Ur1/S ASSACL4T/ON/NC REFER TO PLANS BYF/TZPATR/CK-LLEWEL LYNASSOC. � �QU � I .1y� RECO4DE0MAP ma. /7,t PG.53,9/992 L11 m ti LOC4770NMAP A m a O ' � 2 N06.45'50"W 6594' ' "�� `I \ a 443 SO KS _ Q446AChES m_ 15'SEWER ---- -- a N 06'/5'24"W i' ------15,950'.— JO'ACCFSS FASE�nvrrcw LOTS A; 02 a M3 3 ti 4 v LOT2 ti ip /g002SQ Fr, O N 0436ACRES IO �1 � �14 STREET LRf. N065200_TY 203 /7492'TOLR.F. i 1= I \ o - y WILL/gM 8 ED/TN ROBENSMIV ✓a. /09, Pa. 269 OR/ E GARAGE HOUSE I 6003 06 52' - -� /7532'TO IRA 2000. l L �i N06'0525"W J t [RF. (j („ City of So. Burlington / CERTIFY THIS RATIS BASSO �Ov vERyO UPONA TOTAL STAT/ONSUR✓EY, ti� M..K y� EXIST/NG F/ELO EVIDENCE, DEED v. RESEARC/•{ PLANSASNOTED ABOVE, no. wu c GATE ' SU�O� SURVEYED ` / I ✓ R�t�A DRAWN CNECKEO F/N4L PLAT SEkl, /A' L 07-SUBO/IDS16W OL D DO_RSET_ OWNED BY.OAI�/G OUBRU! /00/ 90RSET STREET SO. BURL /N67ON , VERMONT YERMO/YT LAND SURVEYORS PAL MER COMPANY LTD 4050 W1ZL/STOVR04O SO. ,96R NGTOV , YERML'WT 05403 AUGUST 05, /9SO REVISED /2//7/90 WETLANDS 3/24/947Z OTS, ✓UNE/, /994 MKW, TP.L- REVISED o4ii%96 ✓OB NO. T.P.L. 0512//96 14VW, LOTS J8407/?O/00 89-70 State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-1885-1 PIN: EJ00-0201 Landowner: David Dubrul Address: 1001 Dorset Street South Burlington, VT 05403 This project, consisting ofamending Subdivision Permit #EC-4-1885 for aboundary line adjustment between Lot #3 to become 0.446 acre and Lot #4 to become 0.505 acre, served by municipal water and wastewater services, located off Dorset Street in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL l . This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans which have been stamped "approved" by the Wastewater Management Division: Job No. 94102, Sheet C-1 "Site Plan" dated 3-25-94 last revised 8-8-00 prepared by Champlain Consulting Engineers and Job No. 89-70 "Final Plat" dated August 05, 1990 last revised 07-20-00 prepared by Vermont Land Surveyors. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 3. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 4. 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 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. 5. All conditions set forth in Subdivision Permit #EC-4-1885 shall remain in effect except as modified or amended herein. Subdivision Permit EC-4-1885-1 David Dubrul Page 2 6. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property subject to this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont enviromnental/health statutes and regulations. Dated at Essex Junction, Vermont on October 5, 2000. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By Ernest P. Christianson Environmental Analyst V For the Record South Burlington Planning Commission & Select Board Champlain Consulting Engineers Vermont Land Surveyors CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 25, 2000 David Dubrul 1001 Dorset Street South Burlington, VT 05403 Re: Final Plat Application Dear Mr, Dubrul: Enclosed please find a copy of the August 15, 2000 Development Review Board meeting minutes. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosure DEVELOPMENT REVIEW BOARD 15 AUGUST 2000 one. He said perhaps the change was made because the road goes over a hill into the wetland. But, he added, if you use the other right-of-way, it goes higher and into another wetland. He stressed that they live on a private driveway and want to continue to live on a private driveway. Mr. Jewett said he proposed to the Goldbergs that if they require that entire right-of-way be moved to their property, and the Jewetts were granted access, the Jewetts would be agreeable to that. Mr. Bolduc said he owns lot #4 of the original subdivision, and the southerly right-of-way is on their land. He said he was surprised by the change in right-of-way from their boundary to Autumn Hill Rd. He said Mr. Weith had told him that their land had more wetlands to go through and the terrain was more extreme. I� ould Bolduclso be an stressed that theyynever agreed to the city in the tree line d would be too close to Cheesefactory Rd. M owning the road. He also felt it was not fair for the City Attorney to give an opinion at 5:30 this evening. Mr. Belair suggested continuing the application until 19 September. Mr. Schmitt moved to continue the Goldberg's application until 19 September. Mr. Boucher seconded. Motion passed unanimously. Members asked that the City Council clarify its request for the right-of-way in this area (either Autumn Hill Rd. or the right-of-way on the Bolduc property). Board members and the applicant also asked for an opinion from the City Attorney a week in advance of the DRB meeting. 4. Sketch plan application #SD-00-39 of James Barron & Ken Smith for a boundary line adjustment between 45 and 49 Commerce Avenue: Mr. Smith said he owns 2 lots to the east of Barron. Barron has an excess of land at the rear of his lot which Mr. Smith would like to incorporate into his lot. No issues were raised regarding the boundary adjustment, but Mr. Belair noted that there may be 2 issues when a site plan is proposed. S.Public Hearing: Final Plat Application #SD-00-44 of David DuBrul to amend a previously approved seven lot subdivision. The amendment consists of a boundary line adjustment between lots #3 and 4, 941 and 961 Dorset St: 3 DEVELOPMENT REVIEW BOARD 15 AUGUST 2000 Mr. Holden said they are requesting the boundary line adjustment and to access lot #3 from Indian Creek Drive, not from Dorset St. Mr. Belair confirmed that the applicant has a right to access over Indian Creek Drive. No issues were raised. Mr. Farley moved the Development Review Board approve final plat application #SD-00- 44 of David DuBrul to amend a previously approved seven lot subdivision. The amendment consists of a boundary line adjustment between lots #3 and 4, 941 and 961 Dorset Street, as depicted on a plat entitled "Final Plat Seven Lot Sub -division Old Dorset Owned by: David Dubru11001 Dorset Street So. Burlington, Vermont," prepared by Vermont Land Surveyors, dated August 5,1990, last revised 7/20/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval hall remain in effect. 2. Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 3. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the 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. Mr. Boucher seconded. Motion passed unanimously. 6. Public Hearing: Application #CU-00-20 of Commercial Piping, Inc, seeking conditional use approval under Section 26.65, Multiply Structures and Uses on Lots, of the South Burlington Zoning Regulations. Request is for permission to allow warehousing, storage and distribution use in conjunction with a contractor's j and not including retail,16 Lime Rock Road, and 7. Site plan Application #SP-00-38 of Terry Riggs for warehousing, storage, and distribution use in conjunction with a contractor's yard not including retail,16 Lime Rock Road: S WWK9112mas DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 6, 2000 David Dubrul 1001 Dorset Street South Burlington, VT 05403 Re: Boundary Adjustment, Lots #3 & 4 Dear Mr. Dubrul: Enclosed please find a copy of Finding of Facts of the Development Review Board meeting on August 15, 2000 (effective date September 5, 2000). Please note the conditions of approval, including that the final plat plans be recorded within 90 days or this approval will become null and void. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosures CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 11, 2000 Dave Dubrul 1001 Dorset Street South Burlington, VT 05403 Re: Boundary Adjustment, Lots #3 & 4 Dear Mr. Dubrul: 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, August 15, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincer7ly, Raymond J. Belair Administrative Officer RJB/mcp Encls AGENCY OF NATURAL P-OURCES (ANR) AND ENVIRONMENT/' JOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS �_ PRE -APPLICATION REVIEW RESPONSE DATE (' PENDING APPLICATION DISTRICT TOWN ok'u�l �c[��rNGfD� PIN # � -00- 0,201 OWNER OF PROJECT SITE: NAME: &Vid 4&gUL ADDRESS: ieo l 4e&-r 51,L'L-2rr '5a'U f Ili e5,103 TELEPHONE: (io) GSb'- /o.SG Based on information provided by CtIIWA , tract/tracts of land of acres, located on APPLICANT OR REPRESENTATIVE: NAME: ADDRESS: TELEPHON a project was reviewed on a The project is generally described as: 14A,Jr i4ee-ViuuSa/ /W44 1e-YJ �,dT 3 (0,yyG� 1*jJ z% i 0, 505-19 , �/�o � 'l e _V Munn a PAt- wIMr o/L S1-X14X . Prior Permits From This Office: e-y 1?K oia"-q- 0,Sk6 C / 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/i proved road(s) � � Has the landowner subdivided before?� When/where/# of lots M.. �i. AN ACT 250 PERMIT IS REQUIRED: YES _X_NO; Copies sent to 8tatutory Parties: YES _NO COMMENTS: Not tt /..,`/�„My„� a N,K�� E� J. dC 4�k J (A ENVIRONMENTAL COMMISSION �•w ``'^'JJ�� DISTRICTS #4,6 &9 111 WEST STREET �( ESSEX JUNCTION, VT 05452 SIGNATURE: ,y`'I - 1/N DATE: ZS ADDRESS: DistMt t Coordinator Telephone: (802)879-5614 &WASTEWATER MANAGEMENT DIVISION REGIONAL, OFFICE: PERMIT/APPROVAL REQUIRED ✓YES NO Water Supply & Wastewater Disposal Subdivision &Ao-E-iccmprtto'n (1Uw&,iy) Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: �QA.�ESf Ct1/26si�/!�✓sGN/ AGENCY OF NATURAL RESOURCES �(�;,�J DEPT. OF ENVIRONMENTAL SIGN TURE:f-t4 �Yl. �� DATE: �� k' ADDRESS: CONSERVATION Environmental Assistance Division Telephone: (80 )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) 4. AIR POLLUTION CONTROL DID )N, 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 6. WATER QUALITY DIVISION, ANR Hydroelectric Projects (241-3770) Shoreland encroachment (241-3777) Wetlands (241-3770) Stream Alteration (751-0129) Contact: Bottled Water New Hydrants Permit to operate New Source Contact: Use of chemicals in State waters(241-3777) Aquatic nuisance control (241-3777) Section 401 Water Quality Certificate; (241-3770) Water Withdrawal (241-3770) 7. 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) 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 2LOCAL 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 PLA"INING COMMISSION LL June L996 page 4 Mr. Burgess said hQ would bQ more comEorl..abl� wi'-h a No'-ic4 of Condition. Mr. Wsith said the plat can show a designated building envelope. Mr. Crow said he would like to see it pushed back. Mr. Rabideau noted this is part of the overall Bartlett subdivision, and when the single family lots were created they did not have a 50 foot pud perimeter. They would like to continue that with this house. Members asked the applicant to stake the proposed lot so they can go over and see it. Mr. Teeson said he would like to see a proposed landscape plan for the corner. 5. Public Hearing: Final Plat application of David DuBrul to subdivide a 4.76 acre parcel into 7 lots ranging in size from 19,002 sq. ft. to 69,630 sq. ft., 1001 Dorset Street: Mr. DuBrul said the development is on the west side of Dorset St. His own home is on the property. Access to lots 1 & 2 will be off Indian Creek Drive. Access to lots 3, 4, and 5 will be from one curb cut on Dorset St. and access tolots 6 and 7 will be from another Dorset St. curb cut. The sidewalk is currently being placed by the city. Mr. DuBrul noted they are meeting tomorrow with the Indian Creek Board regarding signs, etc. The curb access has been left for determination by the City Attorney. The Planning Commission had mandated this 24 foot curb cut. Mr. DuBrul said they will repave Indian Creek Drive. Mr. Tseson asked if there are any duplexes planned. Mr. DuBrul said lots 7 and 5 could be duplexes. Mr. Weith said lot 6 is also big enough for a duplex. Mr. Weith reviewed the history of aprovals for this lot, noting that for some reason the Commission had approved 10 units. Mr. Tseson said they can have 9 or 10 as the Commission decides. After a brief discussion, a majority favored a maximum of 10 units. Mr. Crow moved the Planning Commission a rove the final p lat a lication of David DuBrul to subdivide a 4.76 acre arcel into seven lots ran in in size from 19 002 sS1. ft. to 69 630 s . ft. 1001 Dorset Street as de feted on an ei ht a e set of lens page two entitled "Final _Plat Seven Lot Subdivision, Old Dorset. I PLANN C\IG CO:NN ISS EON L L Jur, L') �6 Pa `3 I S Own-d bv• David DuBruL , 100 L Dorscl` S`r--`,_ So. Burlington, Vermont," prepared by V4rmon!- Land Surva ors dated Au ust 5 1990. Last revised 5/21196_with the following stipulations: 1. All revious a provals and sti ulations which are not su arseded b this approval shall remain in effect. 2. Prior to issuance of any zoning_ermit the applicant shall post a $6,600 landscape bond to cover the installation cost and value of all subdivision related landsca in The bonds shall remain in effect for three years. to assure that the planted land- scaping has taken root and has a pod chance of survivin . 3. Le al documents for the widening of Dorset Street (i.e irrevocable offer of dedication) and easements (e. utilit easement) shall be submitted to the CitX Attorne for a22roval and shall be recorded in the South Burlin ton land records rior to issuance of a zonin ermit for lots 1-5 and 7. 4. A bond for the sewer line shall be 2ostetd prior to issuance of a zonin ermit. The amount of the bond shall be a roved b the City Enginser. 5. The pLannin2 Commission a2proves a total sewer allocation of 4895 d. The er allon sewer fee shall be aid rior to issuance of a zoniDq 2ftrmit on a per bedroom basis. 6. In accordance with Section 301.5 of the subdivision re ula- tions within 14 da s of com istion of re wired improvements (i.e. sanitar sewers) the develo er shall submit to the City En ineer "as bijilt construction drawin s certified b a re - istered engineer. 7. Thera shall be no construction fill removal of ve etation or mowin of rass within the wetland area or buffer strip as shown on the a roved let with the exce tion of construction and maintainin the sewer line as shown on the aoDrovsd oiat. 8. The a licant shall submit a"Notice of Conditions"for review and a roval b the CityAttorneywhich will re uirethe deeds for lots #1 and lots #3-7 to contain a provision rohibitin an construction fill, removal of ve station or mowin2 of 2rass within the wetland area and buffer stri This document shall also re wire that the deeds for lots #5, 6 and 7 allow Cit access over them to access manholes 1 and 2 for maintenance. 9. No in ermit for land_ develo ment shall be issued for lots #1 and 2 until such time as an access easement i aranted to the a22licant for use of Indian Creek Drive to access lots #1 and 2. 0 PLANK CNG COMM IS ION L L .Iona 191)6 Papa 6 10. Draina 9 pip-! shall bA Las`.ic or concr��-a no! m�-al. 11. Manholes shall be installed on a base of crushed stone. 12. As gx ressi re resented b the a licant the a licant shall fulfil the obli atiion to construct a sidewalk alon,.q the Dorset Street fronta e pursuant to Sections 301 and 401.1(1) of the South Burlin ton Subdivision Re ulations b a in to the EiLx the sum of $11 160 ($15 gr foot of fronta e) on or before one ear from date of final lat a roval which funds shall be used by the City to construct sidewalk im rovemgnts alon Dorset Street within one gar of recsi t of funds. If City fails to construct_ such sidewalk improvements within one year, the funds shall be returned to the property owners. 13. No more than ten units can be dsvglo ed in total on these seven lots. 14. An chan s to the plans shall require a2proval by the South Burlington Planninq Commission. 15. The final let 21ans shall be recorded in the land records within 90 days ot this a22roval is null and void. The 21ans shall be si ned by- the -Plannina. Commission Chair or Clerk rior to recordina. Mr. Teeson seconded. Motion 2assed unanimously. 6. Sketch plan application of Cupola Golf Course, Inc, to subdivide a 24.55 acre parcel into 6 lots ranging in size from 1.5 acres to 8.3 acres, 360 Spear Street: Mr. Lougee showed the individual lots. Lots 3 and 6 were previously onslot and are currently mortgaged to the Lyndonville Savings Bank. Lot 2 is mortgaged to the Merchants Bank. The other 4 lots are designed based on roads, sewer lines, etc. Mr. Burgess said that when a road is put access a lot, it will become 2 lots, regardless of what the bank says. He added that he didn't know how there could be a mortgage on a portion of a property which has not been subdivided. Mr. Lougee said the family has owned the land for a long time and has tried to sell it as a whole but haven't been able to. They feel it can be developed in a reasonable manner. Mr. Wgith noted there are three zoning districts involved: R-4, C-1, and R-7. Some of the proposed lots encompass more than one zone. Indian Creek Condominium Association %;711111 April 12, 2001 Mr. David B. Dubrul 1001 Dorset St. So. Burlington, VT 05403 Dear Mr. Dubrul, I am writing to you on behalf of the Indian Creek Condominium Association, Inc. (ICCA) in regards to the new construction near our 911 Dorset St. property, (Old Dorset) on your lots 1, 2 and 3. As you are aware, in September 1997 ICCA granted you an easement related to parts of this property. A copy of that easement deed is enclosed. • Item 1 in that easement addresses sewer lines. • Item 2 in that easement addresses vehicular and pedestrian ingress and egress and is LIMTED to Lots 1 and 2 of your property. Lot 3 is not included. I tried to contact you by phone this week to discuss this and was not successful. I then contacted the town planning and zoning office and was advised that you had submitted a change to the original construction plan last year and that it shows access to lot 3 moved from Dorset St to having access thru Indian Creek. Mr. Blair of the zoning office advised me that they had approved the change "provided you have legal access via this route". Per this easement deed you do not. It is evident that there has been recent construction traffic to Lot 3, crossing ICCA property. ICCA expects all construction and other traffic to Lot 3 to immediately discontinue traveling over ICCA property. Permanent access to Lot 3 over ICCA property is not authorized as part of our easement deed. Additionally, please remind your contractors for Lots 1 and 2 that no vehicles are to be parked on ICCA property (including roads and lawns) at any time. If you wish to contact ICCA, feel free to call me at 660-4316 (home) or 657-6228 (work). Regards, ywle Dorene A. Quesnel Secretary, ICCA Copy: So. Burlington Zoning and Planning Attachments: 1 letter to D Dubrul re easement RBMft IML 3a In0t AU%b EASEMENT D ET1) Mawat q pkard; City Cluk KNOW ALL PERSONS BY THESE PRESENTS, that INDIAN CREEK CONDOMINIUM ASSOCIATION, INC., a Vermont nonprofit corporation with principal place of business in South Burlington, County of Chittenden, State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, paid to it by DAVID B. DuBRUL, of South Burlington, Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, DAVID B. DUBRUL, and his heirs, successors and assigns ibrever, the right to tap in and hook on the Grantor's sanitary sewer system, together with the following perpetual casements and rights -of --way: (1) A sanitary sewer line and pipes tapping into the sanitary sewer line and Pipes of Grantor in and over the following described parcel of land: A strip of land 15 feel in width as the same is depicted on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1, " prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records. (2) Vehicular and pedestrian ingress and egress to and from lands of Grantor (reference is made to Volume 364, Page 17 of the Land Records of the City of South Burlington) over Indian Creek Drive, so-called, on and through property of the Grantor located in the City of South Burlington, County of Chittenden and State of Vermont, and more particularly described as follows: A portion of land depicted on the aforesaid plan as "30' x 100' Access Easement hor Lots 1 & 2." Reference is made to a 'Final Plat" of record August 23, 1996, at Map Volume 386, Page 73 of the aforesaid Land Records, and to an instrument of record at Volume 181, Page 295 of said Land Records. Grantee, his successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and landscape said sewer line and Pipes, and said access easement, including the right to install, maintain, repair and replace all necessary, culverts, cuts, curbs and ramps, at his sole cost, expense and risk. By his recording of this Casement Deed, Grantee agrees, for himself and his heirs, successors and assigns, that any premises of Grantor lying outside the scope of the easement and right-of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that he will indemnify and hold the Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the use of said right-of-way not attributable to acts of the Grantor. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. Grantor and its successors and assigns, shall have the right to make use of the surface of the lands subject to this right of way easement such as shall not be inconsistent with the use of the easement by the within Grantee, but specifically shall place no structures, landscaping or other improvements within said right of way easement which shall prevent or interfere with the Grantee's ability to exercise its rights granted hereunder. Grantee shall specifically, and not by way of limitation, have the right to irrevocably dedicate, convey and assign its rights in and to the within -conveyed easement to the City of South Burlington. By its recordation of this Casement Deed, Grantor agrees that it shall: Maintain appropriate lighting and landscaping and maintenance of the Grantor's "Indian Creek" sign; 2. erect a postal service/mail pavilion a safe distance from the driveway cut used by Grantee to provide access to and from the aforementioned lands of Grantee, which pavilion shall be designed and constructed to the reasonable satisfaction of Grantee; and re -pave the main Indian Creek access roadway. TO I IAVE AND TO HOLD the above -granted rights and privileges in, upon and over said premises unto Grantee, his heirs, successors and assigns forever; and Grantor does for itself and its successors and assigns, covenant with Grantee and his heirs, successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the same as Hllqu aforesaid and that Grantor, and its successors and assigns shall warrant and defend the same to Grantee and his heirs, successors and assigns forever against the lawful claims and demands of all persolis. IN WITNESS WHEREOF, INDIAN CREEK CONDOMINIUM ASSOCIATION, INC., hereunto sets its hand and seal this do'K day of�,,,�6c, , 1997. INDIAN CREEK CONDOMINIUM IN THE PRESENCE OF: ASSOCIATION, INC. `Lc �`�._--- Witness f" STATE OF VERMONT COUNTY OF CHITTENDI N, SS. fay: %'M'S'�"�� `Y�, �.,er•�iy elinda Tate, President and Duly Authorized Agent AtSDUM 8ur/ln9ko , Vermont, this 00-tbday of. ICM de,e--1 , 1997, personally appeared MELINDA TATE, President and Duly Authorized Agent of the Indian Creek Condominium Association, Inc., and she acknowledged this instrument by her, sealed and subscribed, to be her free act and deed, and the free act and deed of the Indian Creek Condominium Association, Inc. Not ry Public My Commission Expires: a�/0� Vermi-M ftw- rtT Trmwfar fat 32 V.S.A. GhA¢. 2.11 -ACKHOWLEDGEMENT- M4i pr.:,4044ncv41VIM; Vt. UCV. V7lAtli listt0"YT10rUjWTPtiksmt,-T.U'Ar.fo R END OF DOCUMENT EASEMENT DEED MKpit A Fka►d: come* KNOW ALL PERSONS BY THESE PRESENTS, that INDIAN CREEK CONDOMINIUM ASSOCIATION, INC., a Vermont nonprofit corporation with principal place of business in South Burlington, County of Chittenden, State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, paid to it by DAVID B. DuBRUL, of South Burlington, Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, DAVID B. DuBRUL, and his heirs, successors and assigns forever, the right to tap in and hook on the Grantor's sanitary sewer system, together with the following perpetual easements and rights -of -way: (1) A sanitary sewer line and pipes tapping into the sanitary sewer line and pipes of Grantor in and over the following described parcel of land: A strip of land 15 feet in width as the same is depicted on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1, " prepared by'Champlain Consulnng Engineers, dated March 25 1994, last I'vised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records. (2) Vehicular and pedestrian ingress and egress to and from lands of Grantor (reference is made to Volume 364, Page 17 of the Land Records of the City of South Burlington) over Indian Creek Drive, so-called, on and through property of the Grantor located in the City of South Burlington, County of Chittenden and State of Vermont, and more particularly described as follows: A portion of land depicted on the aforesaid plan as "30' x 100' Access Easement For Lots 1 & 2." Reference is made to a "Final Plat" of record August 23, 1996, at Map Volume 386, Page 73 of the aforesaid Land Records, and to an instrument of record at Volume 181, Page 295 of said Land Records. Grantee, his successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and landscape said sewer line and pipes, and said access easement, including the right to install, maintain, repair and replace all necessary, culverts, cuts, curbs and ramps, at his sole cost, expense and risk. yl By his recording of this Easement Deed, Grantee agrees, for himself and his heirs, successors and assigns, that any premises of Grantor lying outside the scope of the easement and right-of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that he will indemnify and hold the Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the use of said right-of-way not attributable to acts of the Grantor. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. Grantor and its successors and assigns, shall have the right to make use of the surface of the lands subject to this right of way easement such as shall not be inconsistent with the use of the easement by the within Grantee, but specifically shall place no structures, landscaping or other improvements within said right of way easement which shall prevent or interfere with the Grantee's ability to exercise its rights granted hereunder. Grantee shall specifically, and not by way of limitation, have the right to irrevocably dedicate, convey and assign its rights in and to the within -conveyed easement to the City of South Burlington. By its recordation of this Easement Deed, Grantor agrees that it shall: Maintain appropriate lighting and landscaping and maintenance of the Grantor's "Indian Creek" sign; 2. erect a postal service/mail pavilion a safe distance from the driveway cut used by Grantee to provide access to and from the aforementioned lands of Grantee, which pavilion shall be designed and constructed to the reasonable satisfaction of Grantee; and re -pave the main Indian Creek access roadway. TO HAVE AND TO HOLD the above -granted rights and privileges in, upon and over said premises unto Grantee, his heirs, successors and assigns forever; and Grantor does for itself and its successors and assigns, covenant with Grantee and his heirs, successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the same as aforesaid and that Grantor, and its successors and assigns shall warrant and defend the same to Grantee and his heirs, successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, INDIAN CREEK CONDOMINIUM ASSOCIATION, INC., hereunto sets its hand and seal this 3o -* day of 91997. IN THE PRESENCE OF: INDIAN CREEK CONDOMINIUM ASSOCIATION, INC. Witness Melinda Tate, President and Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTF,NDEN, SS. AtSOum & ,r/inq�on , Vermont, this &-th day of se e h-M he4-1 , 1997, personally appeared MELINDA TATE, President and Duly Authorized Agent of the Indian Creek Condominium Association, Inc., and she acknowledged this instrument by her, sealed and subscribed, to be her free act and deed, and the free act and deed of the Indian Creek Condominium Association, Inc. *Notryblic My Commission Expires: _�9/ Yetts�fi€14 "' P TWOW i t 32731 nWLECGFM, 'EN r AJi9Yb�`�siVi•^. rr TAY. ri.fi•11000IM 1 i4. iH ts+.'I�,..dl:::'� END OF DOCUMENT 8/15/00 MOTION OF APPROVAL DAVID DUBRUL I move the South Burlington Development Review Board approve final plat application #SD-00-44 of David DuBrul to amend a previously approved seven (7) lot subdivision. The amendment consists of a boundary line adjustment between lots #3 and 4, 941 and 961 Dorset Street, as depicted on a plat entitled "Final Plat Seven Lot Subdivision Old Dorset Owned by: David Dubrul 1001 Dorset Street So. Burlington, Vermont," prepared by Vermont Land Surveyors, dated August 5, 1990, last revised 7/20/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 3. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the 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. 3 Memorandum - Development Review August 15, 2000 agenda items Setbacks: Buildings have been delineated on the plans. All buildings appear to satisfy setback requirements. 5) DAVID DUBRUL - FINAL PLAT - BOUNDARY LINE ADJUSTMENT - LOTS 3 4 -1001 DORSET STREET This project consists of a boundary line adjustment between lots three and four at 1001, Dorset Street (Old Dorset). The applicant has built a single family house foundation in the side yard setback on lot four without permit and seeks approval to move the east west boundary line between the developed lot and an undeveloped lot, lot three, to legitimize the foundation. The Planning Commission previously approved this subdivision on June 11, 1996 (minutes enclosed). Boundary Line Adjustment: The proposed boundary line adjustment will move the east to west boundary line between lot three and lot four. The previously approved boundary line was 231.28 feet in length. The new boundary line will be 236.04 feet in length. The rear, or western, boundary line for lot three will increase from 48.30 feet to 65.76 feet. The rear, or western, boundary line of lot four will decrease from 80 feet to 62.54 feet as a result of the proposed changes. Lot size/Frontage: The proposed boundary line adjustment will result in the same acreage as previously approved. Lot three will have 19,438 square feet and lot four will have 22,015 square feet (minimum lot size for single family houses is 19,000 square feet). Frontages will not change. Setbacks: The building has been delineated on the plans and meets the side yard setback requirement. Access: This proposal will also involve a change in access to lot #3. Currently, access to lot #3 is via a shared r.o.w. from Dorset Street across lot #4. The proposal is to provide access to lot #3 from Indian Creek Drive across lots #1 and 2. 2 NOTICES near. Deadline to proposals is Friday, Au- gust 11, 2000. Calf Vale- rie at 863 9094 Julae,:30, 3 z ust 1, 20(00 PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South 'Burling' Rev w d . bli. So I'/ Development Rev w Board will hold a blic hearing at the So Bur- lington City Ha Confer- ence Room 5 Dorset Street, S Burlington, V on Tuesday, u t 000 t 7 r gus 15, 2000 at 7A0 pm to consider the fol- lowing: 1] Final plat application #SD-00-44 of David Du- rul to amend a previ- isly approved seven 171 t subdivision. The mendment consists of a oundary line adjustment 'Ile��tween lots #3 and 4. 941 and 961 Dorset Street, 21 Application 4CU-00- 20 of Commercial Piping, Inc. seeking conditional use approval under Sec- tion 26 65, Multiple Structures and Uses on Lots, of the South Bur- lington ington Zoning Reguia, ,ions. Request is for per- mission to allow', Narehousing, storage' and distribution use in I conjunction with a con-1 tractors yard not i nclucl- ' ing-retail, 16 Lime Rock ! Road. 2� Application #CU-00- I of Waste Systems In- ternational, Inc. seeking I conditional use approval from Section 26,65, Mut- tiple Structures and Uses an Lots, of the South Burlington Zoning Re U. 4tions. Request is lor permission to allow auto- mobile repair and service use m conjunction with a truck terminal, 73 Ethan Allen Drive John Dinklage, Chairman South Burlington Development Review' Board Jury 29, 2000 MEMORANDUM To: South Burlington Development Review Board From: William J. Szymanski, South Burlington City Engineer Re: August 15, 2000 Agenda Items Date: August 11, 2000 JEFFREY & ELIZABETH GOLDBERG - 5 LOT SUBDIVISION - 1760 DORSET STREET 1. A new culvert pipe shall be plastic or concrete not metal. 2. City Water Department shall get a copy of the plans for their review. 3. The sewer connection system and pumping station shall be owned and maintained by the property owners. 4. Concrete sidewalk shall be 5 inches in thickness and without wire mesh. 5. The sewage pump station must be vehicle accessible at all times. It may be advantageous to place it close to the common drive to lots 2 and 4. 6. Water service should be available to flush and clean the pumping station. BARRON - SMITH - COMMERCE AVENUE BOUNDARY ADJUSTMENT Record plan shall include a title, lot dimensions. OLD DORSET - DAVID DUBRUL DEVELOPMENT - DORSET STREET Boundary adjustments between lots 3 and 4 as shown on site plan titled Old Dorset with latest revision dated 7/20/00 prepared by Vermont Land Surveyors is acceptable. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 2, 2000 David Dubrul 1001 Dorset Street South Burlington, VT 05403 Re: Final Plat, Boundary Line Adjustment, 1001 Dorset Street Dear Mr. Dubrul: Please find enclosed preliminary comments on the above referenced application. The project is currently scheduled to be considered by the Development Review Board on August 15, 2000. If you wish to respond to these comments or submit additional information, please do so no later than August 8, 2000. Please be sure that someone is at this meeting to represent your application. If you have any questions, please feel free to give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosure To: Applicants From: Sarah MacCallum, City of South Burlington RE: Project Staff Notes Date: August 1, 2000 DAVID DUBRUL — FINAL PLAT — BOUNDARY LINE ADJUSTMENTS — LOTS 3&4 — 1001 DORSET STREET Previous Action: The Planning Commission previously approved this subdivision on June 11, 1996. Overview: This project consists of boundary line adjustments between lots three and four at 1001, Dorset Street (Old Dorset). Issues: ■ The building must be delineated on the large plans. Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the final plat plan. Recommendation: Staff recommends that the following additional information should be submitted: 1) Large plans with building footprints. CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of ApplicantD C /✓'ie L{� 2) Name of Subdivision %'- P 3) Indicate any change to name, address, or prone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application 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: 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and cpntaining all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two co / s o all legal documents required under S vyn 2 .`1 (11) and (12) of the subdivision regul fo a minor sudivision and under Section 204.1(b) for r ivision.. ( ure appA,icaiit or contact person Date I ChVRCH a ° w° •`�rEi77pA �ne•,�nr ° I I LCE/IfLL19y,�pyE/. a'1• � Av �l R/OGEN'OGIO ESTATES QEYEL A91�NT /rtL: SEEPLANBYFAWAZ6AVWWA"- SKLAV P67 IAL,V4NCREEKCp'1VO N44WSASSOC/ 77aV^C m REFER TO PLANS BYF/TIPgrA/rX-LLE#ELLYN.4SSOC PR' '' r RECa4DEDM4P KX /74 A&54.9A492 I I m a- 1' GRAVEL 1 1 a o I LAAIW4119A0?EA �. LRF \ TAlEp B4'.Ky N 06' 52' 44 "' W 270.64� N 06�45�3�0 lV_ _ A6 _ %Y N 06 5_200 %Y_—� 463_Q'� j 2.J3' 6QQi 6000' /4 /7R92'TOL�QF. . l0?S.N N44Y5'W r WETLAA" LOT/ ° �. a~ Aa s I TEAWLES/NA/, INC a -� /—• /�� / N�26•�� Z `� I2 VOL. /99. /W /27 `� �6• -- — —/5'SE REASEAENT —� — — — — — V 06'/5'24"W NO5Y9'W 263' W LOT 7 B L7V A�Y LOT ° q I 14.AzsafT, arz6Ao�s ly LJSt�Aa9ES 3 j 1.e"5aiT, ti h a' a �I b � FXLSTWG M F I a. 40" O a a I F •. /RaVRAOFOUNO • LRf. /RaVP/PEFOUW • NOV P/PE TO BE SET O CaWC rEA0DVU LNT TO BE SET O AftPERTYLhW .�-----� /7./5 2 0 h - /7'57M- TOM146=47W rO rAFC17Y H � 2ZaCT Sa fT. /A 4M Sa FT. + a"Aaws 3 a~Aai'3 3 ti o LoL2 H m o h ttp ° N N a4mAaSfs 'O M N I /00,00, / /4.i 47' I a, sa A**V MGTaV S 06'/5'24"E — _ 'r- YlSTNGA'A:/VTLi�Nf4Y 74422' _ i NOTES L H90WR7YShVWW,6Ebb49LO7-s?aVAaANEN777LED'H-4N&WAVACA9L LZSED ?LOT SLB-LYY. ,VYEN AVD9p RrY. Pa9-%ET STREET, Sa MJWA SrLW, yr a8.4C " Li4TEDSEPT./ARiBYMgRA�N�AtirtDVRY:CCI�IEDAV 4fX. /6f PAGEI/a�T/il" SaAWWM 7ZWLAWArC4M tfSWLOTO.FCWTA4W14BAA@'S 2 AY~7YSAq aWWDBYLS CaiL-U:6FR4baS'SA/YERSAWISAPW776W a- M. M, Phi A916 4-ABOYEA*-NT0WW-4.MV WCaOGif 3 REFER TO PLANS BY CAWA/'LA.W CCW SULTWi: EN6WERSFGW UT/L/T/ES, CLW70WSAAV EA15.WEMW VEMA S 4 TOTAL AREA a'LOTS 1-7E0U4LS q' 47ACRES ARCA a'/7FT. Sr)AWEOU4LS _7..29/AChLIS TOTAL AREA a ,99LI ''C7'h-WW S 4 SCALE - //NCH = 40 FEET 0 40' BO' /20' /60' ?W' STREET s WILL/AM8ELVTi/ y RO&ONSTE/N H ✓a. /W ,42 M.9 } I I 60, OL _ I /75. 32' TO LR.F. 9•W' N06 a575"W I.YF. ICOMPY rAiKSPLAT0B4SE0 `,01 VE� LIR'WA MMV. STAIAAVSLRVEY, •.Nc EXLSTMY F F4O EYAWEACE LiEEO v. AiS9EARC4 PLANS ASA0720 �o Abl�l1. y �.y.'a�SU94 --7i—� v c )aj . L OCAr7aV Aa4P • i JUN p 8 1995 City of So. Burlington PREL/M/N.4RY PLAT SEVENLOTSUaWKS/aV OL DE DORSET OK'NEO 9Y.• OW11O OUBRUL /00/ 06RSET STREET SO, BURL/NGTON , VERMONT EXISTNG BUILDING uHs-EXIsnNG LEGEND V RA L s J RIM O 348.7 IRON PIPE FOUND INV. IN O 3422' 2' IRON ROD FOUND [RF ZFIRE HYDRANT MAY 2 4 1996 1 WATER GATE VALVE %Y o � POWER 8 TELEPHONE BOXES Lao _ WIRE, FENCE '--'� �£c CHAIN LINK FENCE -+.---+ - EXISTING BUILDING POWER POLE -o- STONE WALL/FOUNDATION NOTE SILO FOUNDATION N/F INDIAN CREEK CONDOMINIUM City of So. Burlington EXISTING 6'-DIA. WATER SERVICE- o [INVMIN TING 18' TREE (PROPOSED) t!-1 FIELD VERIFY LOCATION hDEPTH CULVERT PRIOR TOINSTALLATION OF ASSOCIATION INC. SANITARY SEWER 2.2 HOME (PROPOSED) BUILDING ELEVATIONS LOT NO. I FIN. FLOOR SAN. SEWER INV. OUT 1 351.0' 347.15' 2 353.0 349.13' 3 355.5' 347.83' 4 357.0' 349.33' 5 359.0' 351.33' 6 EXISTING 352.50' 7 363.0' 355.33' M1 � JNOTE.* PROVIDE 4' MIN. TOPSOIL r0aea• srr•4z.J�• _ RAKE, SEED, FERTILIZE k W HYDRANT SILT FENCE BARRIER MULCH ALL AREAS DISTURBED ` t TOP BOLT SNOW FENCE BARRIER BY CONSTRUCTION ' O ELEV. 347.6' BALED HAY EROSION CHECKS '"' II \ MAILBOX (NEW) am ` \ \ '-4• W EDGE OF CONSERVATION EXISTING 30' DIA CULVERT - INV. IN O 335.9' OVERLAY DISTRICT GA e M /) EXISTING 8' DIA. WATER MAIN -FIELD VERIFY CK✓>'rs,o FIX E I I __._ _ 1HIPORARY _ M.• - DEPTH k LOCATION SILT FENCE, RELOCATE EXISTING INDIAN CREEK MAILBOXES I ' ANTI.SEEP /VERLAY NLF RIDGEWOOD ESTATES DEVELOPMENT INC. -_-- - - COLLAR. TYP. 24' WIDE x 250 LF. a - / DIA. CPEP y ' !�' OF INDIAN CREEK DRIVE WITH 1' TPE ]Y PAVEMENT 11 t CULVERT /% _ m - I X 120' LONG i- • ! NOTE USE OF INDIAN CREEK DRIVE \' �� d 4 AS PER AGREEMENT BETWEEN q, ay y DAVID DUBRUL AND INDIAN CREEK CONDOMINIUM ASSOCIATION, INC. � PROPO 6 � ' - WILLIAM AND EDITH 8 SEA�' EASEMENT, •%y3 / 5y L N/F v ROBENSTEIN dl%' .PROPOSED 't . - - TYP.. ,oe \ '. n +c c " LC 9DR 33 ,u.4. v - Q SANITARY SEWER- - ,d�- 2 SUGAR MAPLES `w -ss _ DIA CPEP CULVERTapaao .. .. - � 3' STABI p 3 30' X 100' ACCESS 195'f LONG N�,agA _ � TURF. TYP J. EASEMENT F -- OUT O ELEV. 3525'. LOT 1 LOTS 1 x 2 NOTE: TOTAL WL7ULND AREA 10' DRAINAGE eooa / _ , 4a G, - ., 49.000 S.F. +/- MENT, TYP .� - _ - _- ° �..._ ease'• j o'.. ,y .-LOT. ��• s ' Noaot,s• REMOVE - L zo _ , s ✓� ,y1 vl /1�,, ,: b -. ft 15' CPEP CULVERT X 65'+/-LONG. TYP. INV. IN O ELEV. 344.50' 0 NpL INV. OUT O ELEV. 344.0' . _ AS Ll i APPROX ♦ OF ...... _- '�. 35 [Dc[ a wEt1AMD • / ' LOT ` -`:. / ,� r A PROPOSED Ai JR PIVC 9EWER - M i , EXISTING INDIAN CREEK A SICK TO REMAIN Nt$� .- DRAINAGE AREA'c'erAhS":eMTn SnRaN/o T _ o iz.z ^e �/ R TYP. DARFA•,SLLIIL25'-WDE(Er / EXISTING RESIDENCE TO BE_. LOT OPOSED \ % PR3/4' DIA Pr. ,9,E2 sr. ,6W a,, U NYIMA Q CONVERTED TO A TWO (2) _ UNIT -DUPLEX DWEWNG 99.ewm J OZ i �1yl ; % TYPE 'K' COPPER m 0.436 Af `0 t,�E WATER SERVICE. TYP. c' moo', \ p TEMPORARY SNOW RCE BARRIER. TYd. I `v °� . _ , AGE _ _ < _ / G♦$ 4 ' \ NrS,. �• -._ .. d4 i+•'A a S �� \ '� - ♦ \ I �% ED'11 , ) 1 t IN DIA I- CULVERT X 803 LONG QJ.2 INV. OUT O ELEV. 348.9' --' - -.� _ . TtlRF,ABIIL o. - __ _ _ PAYED `� .q4 INSTALL NEW 30' MIN. RADIUS .LOT 15P PA.' _ \ 55� - \ 6� ON SOUTH SIDE OF INDIAN CREEX DRIVE ENTRANCE a Ras°ie �c r `. - \ 14' PA N/F TEMPLE SINAI INC. .• { .: A ,, `ICJ _ i_ CB-3 RIM O ELEV. 351.2' INV. OUT O ELEV. 347.2' L oEfa ��: 10 t EXISTING OVERHEAD UTIUTIES-NEW RESIDENTIAL ,. PRG[CT DESwvTw SEMENT, TYP 1 'gig, 10 X 10 - _ UNDERGROUND SERVICE CONNECTIONS AS - DIRECTED BY THE RESPECTIVE UTILITY ESE 3UBOIMSXw a tHE VVD)IrAAn ACRE LOTS uYER's ESTATE LOTS SETrEN (7) RCOT CONTINUOUS BALED 55 '% '� �, TtN 0 N ovAlEn ATHE ND RESTONGREDW o A TWO FAMI r �g MIT HAY ER090N ELKS, 7YP. ,p PPS \ 2' 7ABILI ED- / pp� - EXISTING 1 DIA aoE7TK Rm� /�'• q"D N WATER MAIN -FIELD VERIFY DEPTH LOCATION ,. TNIS PLAN WAS DEVELOPED FOR, PLAN REMEW BY ESE z L+RGECT MOTES. 01•IER DUBRJ L METAL E,ID 10' PAVED FUTURE 5' WDE OF N0TYOT Or BELIES BURUND AS NEAY011T ONLY APO T NOT TO BE CgIS AS AM ACOL11AlE PROPERTY BORDMT •.) ,aA UORSET STREET Ipal ORSET SECTION. TYP. ♦ ' -� SIDEWALK, IYP. FORVEY. PRDPE LINES ARE AP AM ARE 3O' X 60 ACGE CTOM, same BURLUNcION, vVLuwT 05403 \� Qs �" , A. _ 3 O Y. A MAY S IS DISC A M R E AcC CE TE P AND MAY UNDER A$ 15 DISCLOSED q1 EASEMENT FOR LOT A MORE ACCURATE PROPERTY eoupoARr AIRM:x LOT a.) za«Nc gsnacr: RESIDENTIAL z PER ACRE (Rz) Q15' ' DIA. CPEP CULVERT N \\ r ° c 30' X 40' ACCESS PERMITTED USES: SINGLE ! TWD FAMILY Ow¢UNGS. LONG INV. - \ EASEMENT FOR 2. PERYETER ffl P 1Y BOUNDARIES DEPICTED ARE BASED O1 THE PROPERTY SURVEY TUUD •aD[ DMISE-PRELINNARY PLAT OF c) OUSTMMY ACCESSORY' USES. REsoEL1TUL AaecuTUlr 0 2 INV. OUT O ELEV. 359.9. MAILBOX LOCATION, LO75 3. 4, 5 g 8 7 LOT SIIBUIMSa1' LAST K'ASED 5/21/96, PREPARED BY APPROXIMATE YMx V WARD. LS. P 496 OF MERYOMT LAND SURVEYMS. 6) ALLOAMBx LOT SIZES. FAMILY,. 2 1/2' (MIN.) SUGAR Q Q SOUES BURLI 1IRL VERM.1 LOT AREA - 19.000 SF. (SINGE 27.000 S.I. (TWO FAMILY) MAPLES, 19 IYP. _ 30' X BO' ACCESS 30' X 85' ACCESS L SMRMY SEWER DESCN FLOWS: FRaTADE - 100 FEET YT•rn FROM, YARD SEIBACN - 50 FEET MINIMUM N\ EASEMENT FOR LOT { EASEMENT FOR A) NIEDNG LOTS. SIDE YARD MMAM-10 FEET MMWIUM - ' , ; •. LOTS 4 AL 5 Lon 0•04).O•S•0 _ N/F CITY OF SOUTH BURLINGTON REM YARD SETBAM-30 FEET MOMMUM (IV FOR ACCESSORY USE".) - - EXISTING MAPLES TO REMAIN e X 4 BR. X 150 OPDASR. - I- MO LOT pe - .) ALLOWABLE LOT COMgAG S egLTxNGS - 20x MAMMuu 2 ..LOTS ISO auk BgLnRlcs. PARK.G. OUTSIDE STORAGE - .aX COD MR -Lj MAILBOX LOCATION. RIM EEV. 357.8' SUBTOTAL 4. APPROXIMATE 2 INV. OUT O ELEV. 353.8' 3. CONTACTS. Ai B) �'- 366 30' X 60' ACCESS e' DIA Xn�O U' X D00 MOAN DU.AA E . 395 °Po 1W1wDORRSSEBTILSTINT, LEIMOIT oswJ BALED HAY EASEMENT FOR LOT SITE PLAN TOTAL DEs1GN Row . 4,a95 GPOT)I151Ta. EROSION CHECKS d G TYP. SCALE 1" = 40' 4. LIdYp1AL lAT CRMxNC PER OWIER'S INOSCAPE PLAN. EXISTING 8' DIA GAS Graphic Scale zL& 6 LOT Da EMERAGEs 'T �� - �Aox CB-1 MAIN -NEW RESIDENTIAL BLAB ' - 5'2 S.F. (7.6x) ,zROAD. Pa 40 s�a T RIM O ELEV. 364.6' CONNECTIONS AS feet PAM ENT - 4,450 S.F. (64x) COLa1ESTEA, M. o5a46 COLTACT: (XtEG B011BARgER INV. OUT O ELEV. 360.6' DIRECTED BY VERMONT GAS 40 0 40 80 120 160 TOTAL - S.F. RSET Q (602) B9>-8000 AL07. SEIBACX$ K OF CORSET STREET ME 6. BUIL-CMEASURED MEASURED FRM FD4E Di PLANNED R.O. � REVISIONS j 1/31/95 -A,_PLAN Q6/6/95 PLAWRIG COMMENTS a 1z 96 GENERALK,,9OAS 5/21 9! iINAL PLAT COPYRIGHT ©1996 OIAIRAN CONSULTNG DI(iml5 ALL RIGHTS RESERVED F1-I W W z_ 0 W M5 m o z COmE .E o>-� 1-� Gwm .T m Em .a (n x La Lv cv z PEE 0 a�y m� z P.. U i _ _ t b3•)N Jy W ✓ y �r s f � o a: i' 0 U m W 5 N) 1--I ti W L a Q w Q1 � h-I O � [- O 0 0 DRAwN LRP VZM 7- NOT[" DATE 3/25/94 o. 941 C2 sHEE, C-1 6 s1,xTa CHAMPLAIN CONSULTING EN'7INEERS, P.C. Bayside Square 1 336 Malletts Bay Avenue COLCHESTER, VERMONT 05446 (802) 863 - 8060 To C�T� m��. �yr2u!✓GT��1 ,' 7 5 Jo,,a S 7 /"Ze-e- 6! �'v • 13 wzz "-1106701-J ' v i o S Ala 3 WE ARE SENDING YOU f Attached ❑ Shop drawings ❑ Copy of letter -LETU15N- )15 ZrIN/%IN\12*hl— DATE /7 -7 JOB NO. ATTEN�jf}Wj ^ Mn/V/J AEG/AI�7/G• �6L RE: ID V.0,-Z SE T ' S/.,1^//7�4/Z SE�E2 IZE c or2 Q t�i2.�Gc/i�Jl S ❑ Under separate cover via ❑ Prints Plans ❑ Change order ❑ ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION // zs 47 C~/ S/ <�c- // 25 97 G - Z s,4,.�. ; ,�-.2. S� �✓� rz S�✓zr�Fi �E. THESE ARE TRANSMITTED as checked below: REMARKS ❑ For approval 7For your use ?%As requested //❑ For review and comment ❑ FOR BIDS DUE ❑ No exceptions taken ❑ Make corrections noted ❑ Amend and resubmit ❑ Rejected see remarks ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US %�i4 y - �E c orz.� �✓,l �wi.t1 G S S cJ Qsyl � T'TEb vti1 BEf-/.�G � o� 27r-�✓� ��.�v� � o /o/3 /1q'7 CoAJS-r Zv67-1oAJ .90 0e T!ynJ�L.yE S i ly�c Is / rz�G COPY TO / Jib✓��U �cl �/2c>L CHAMPLA SIGNED If enclosures are not as noted, kindly notify us at STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURUNGTON. VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 PATTI R. PAGE" E-MAIL(FIRM2555CaAOL.COM ROBERT E. FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE (-ALSO ADMITTED IN N.Y) October 9, 1997 VIA FACSIMILE AND 1ST CLASS MAIL Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. 117 St. Paul Street P.O. Box 907 Burlington, VT 05402-0907 Re: David DuBrul Property Development -- South Burlington Dear Tom: OF COUNSEL ARTHUR W. CERNOSIA Thank you for the copies of the DuBrul Development documents that were hand delivered October 7, 1997. Upon review of the same, I have noted that some of the documents were still in earlier versions which did not reflect changes discussed (and presumably made) through earlier correspondence. With that in mind, I offer the following comments/changes that will need to be made before these documents are ready for recording. Notice of Conditions of Subdivision Approval a. Paragraph 1 - Please make the following changes: "No construction, filling, removal of vegetation or mowing of grass shall occur on those portions of Lots 1, 3-7 which are identified on the plans as wetland or buffer strip areas. Owner shall place restrictive covenants in the deeds for Lots 1 and 3-7 as shown on the Plan, which eevenants shall prohibit any construction, filling, removal of vegetation or mowing of grass on said Lots within the wetland buffer strip (as said strip is shown on the Plan). Said covenants shall run with the land and be binding upon the Owner and his successors and assigns." b. Paragraph 2 - Please delete the remainder of the paragraph after the second sentence. Offer of Irrevocable Dedication Please change "Vermont Land Surveyors" to "Champlain Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. Page 2 October 9, 1997 Consulting Engineers." There should be an Offer of Dedication for the Easement Deed - Manhole Access as well as for the Easement Deed - 17' Strip of Land. Both Easement Deeds (17' Strip and Manhole Access) can be referenced in one Offer of Dedication. Please add appropriate references to the Easement Deed - Manhole Access in the second and third `Whereas" clauses of the current version of the Offer of Dedication and add a numbered paragraph including reference to the Easement Deed for Manhole Access, attached as Exhibit B. Easement Deed - Manholes Please make the following changes to the third paragraph of the description: "Grantee, its successors and assigns, shall have the right to access, maintain, repair, and replace the sanitary sewer lines and manholes and all related appurtenances and equipment on the said Lots..." Please add recording information for Delima M. Wright's POA's in the Easement Deeds for the 17' Strip of Land and for Manhole Access. Vermont Property Transfer Tax Returns Rate Schedule: I do not understand use of exemption # 3 in this section. Since these are easements, subdivision regulations do not apply. usually, we simply type in "Easement" somewhere in this section. Thank you for your consideration of these comments. With these changes the documents should be ready for execution and recording. Please do not hesitate to call if you have any questions or wish to discuss this project. Sincerely, CC: Ray Belair- Timothy M. Eustace S - �ZEL, PACE & FLETCHER, P.CI- ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BUR-LPVGTON, VERMONT 05402-1507 STEVEN F. STITZEL PAM R. PAOE• (802) 660-2555 (VOICE1 DO) FAX (802) 660-2552 ROBERT F. FLETCHER E-,MAa(FIR,1U555,3AOL COM) JOSEPH S. MCLUN TIMOTHY M.EUSTACE OALSO ADMITtED IN N Y I October 10, 1997 VIA FACSIMILE ,AND 1ST CLASS MAIL Thomas A. Little, Esq. Little, Cicchetti & Conard, p,C. 117 St. Paul Street P.O. Box 9o7 Burlington, VT 05402-0907 Re: David DuBrul Property Development - - South Burlington Dear Tom: Thank you for the fax of the revised DuBrul Development documents dated October 9, 1997. ready for execution and delivery to the documents appear to be executed you can deliver them to this office •orObring nce hthem ey re directly to Ray Belair at the City Planning Office. Please do not hesitate to call if you have any questions. Thank you. Sincerely, -.17 I 4.- - Timothy M. CC: Ray Belair Eustace OF COL-,N'SEL ARTHL'R W CERNOSIA THOMAS A. LITTLE ALBERTA. CICCHETTIt DAVID W. M. CONARD* GREGORY A. WEIMER" t ALSO ADMITTED IN NEW YORK • ALSO ADMITTED IN COLORADO ALSO ADMITTED IN MAINE AND NEW HAMPSHIRE LITTLE, CICCHETTI & CONARD, P.C. k)U� AT LAW 1 C�ATTORNEYS 1 1 7 ST. PAUL STREET P.O. Box 907 BURLINGTON, VERMONT 05402-0907 Telephone (802)862-6511 'releFax (802) 862-5645 OF COUNSEL: Email ]cc@together.net Timothy M. Eustace, Esq. Stitzel, Page & Fletcher, P.C. 171 Battery Street Burlington, VT 05401 LLOYD A. PORTNOW 133 SPRUCE STREET BURLINGTON, VERMONT October 6, 1997 SAMUEL H. PRESS HAND DELIVERED Re: New England Federal Credit Union $257,600 Loan to David B. DuBrul (Lot 7, Old Dorset Subdivision) Dear Tim: Enclosed herewith are copies of the following documents executed and delivered in the closing of the referenced transaction: 1. Escrow Agreement (Water -Sewer); 2. Notice of Conditions of Subdivision Approval; 3. Offer of Irrevocable Dedication; 4. Easement Deed (Manholes); 5. Easement Deed (Sidewalk); 6. Indian Creek Easement Deed; and 7. Ridgewood Estates Easement Deed. We are delivering the originals of Nos. 1, 2 and 3, and copies of 4, 6 and 7, to Ray Belair. Ray is holding the issuance of the building permit pending your sign -off, so your prompt attention to these enclosures would be appreciated. Thanks for your assistance. Very ry truly yours, omas A. Little Enclosure cc: Ray Belair David B. DuBrul NOTICE OF CONDITIONS OF SUBDIVISION APPROVAL WHEREAS, DAVID B. DuBRUL, of South Burlington, Vermont ("Owner" herein) is the owner of 4.76 acres of land in the City of South Burlington with 744.22 feet, plus or minus, of frontage on Dorset Street, so-called, which land was acquired by Administrator's Deed of Delima Wright and Francis G. Myers, Co -Administrators of the Estate of Frances S. Myers, dated June 17, 1994, and recorded in Volume 364, at Page 17 of the City of South Burlington Land Records; and WHEREAS, Owner has obtained approval for development of said property for residential purposes in accordance with an approval granted by the South Burlington Planning Commission on July 6, 1996, which approval is fully set forth in the minutes of the Planning Commission meeting on such date; and WHEREAS, the above -stated approval of the South Burlington Planning Commission obligates Owner to (i) place restrictive covenants in the deeds for Lots # 1 and ## 3-7 as shown on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1," prepared by Champlain Consulting Engineers of Colchester, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records (hereinafter "the Plan"), which covenants shall prohibit any construction, filling, removal of vegetation from or mowing of grass within the wetland or buffer strip (as said strip is shown on said plan); and (ii) grant to the City of South Burlington an easement for access over and cross Lots 5, 6 and 7 for purposes of accessing, repairing and maintaining two (2) certain manholes to be located on those Lots, as shown on the Plan; NOW THEREFORE, in compliance with said approval, Owner hereby agrees to be bound by the conditions of said approval and gives notice that the above -described lands are and shall remain subject to the following conditions and restrictions which shall run with the land, be binding upon the Owner and his successors and assigns, and shall be enforceable by the City acting by and through the City of South Burlington Planning Commission, unless or until modified or removed by that Planning Commission; 1. No construction, fill, removal of vegetation or mowing of grass shall occur on those portions of Lots 1, 3 - 7 which are identified on the plans as wetland or buffer strip areas. Owner shall place restrictive covenants in the deeds for Lots # 1 and ## 3-7 as shown on the Plan, which covenants shall prohibit any construction, fill, removal of vegetation or mowing of grass on said Lots within the wetland or buffer strip (as said strip is shown on the Plan). 2. The City of South Burlington shall have the right to enter, cross over, and otherwise traverse Lots 5, 6 and 7 as the City deems necessary to access, service, maintain, replace and repair two (2) manholes and related facilities designated as manholes #1 and #2 of the Plan. Owner shall execute and deliver to the City an Easement Deed granting the City the necessary easement and right of way for the purposes described above. The Owner shall place restrictive covenants in the deeds for Lots # 1 and ## 3-7 as shown on the Plan, which covenants shall run with the land and be binding upon the respective grantees and their heirs, successors and assigns, which covenants shall prohibit any construction, fill, removal of vegetation or mowing of grass on said Lots within the wetland or buffer strip (as said strip is shown on the Plan). 3. In addition to any action the City of South Burlington is authorized to take under this Notice, the City may enforce the conditions and restrictions in the above -stated approval by an appropriate civil action in Superior Court. 4. This Notice of Conditions of Subdivision Approval shall run with the land, be binding on the Owner, and the Owner's successors and assigns, and shall be enforceable by the City against the Owner, and %/r t his '�t �(�G-v successors and assigns. DATED at South ? ti- ,Vermont, this day of 6�.0 r--6 ck� ,1997. IN THE PRES CE OF: Witne s STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At �� ^' , Vermont, this f S� day of 0 C-1_�f , 1997, personally appeared DAVID B. DuBRUL, and he acknowledged this instrument by him signed to be his free act and deed. 26 Z) Notary PublfZ OFFER OF IRREVOCABLE DEDICATION Agreement made this day of�_ , 1997, by and between DAVID B. DuBRUL, of South Burlin ton Vermont the "Owner" and the City of g ( ) y South Burlington, (the "City"). WITNESSETH: WHEREAS, the City Planning Commission has approved a final subdivision plat entitled: "Old Dorset Site Plan" dated March 25, 1994, last revised May 21, 1996, prepared by Vermont Land Surveyors, of record at Map Volume 386, at Page 74 of the City of South Burlington Land Records; and WHEREAS, the final approval of the Planning Commission dated July 6, 1996, contains the following conditions: In accordance with the Owner's offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deed conveying a seventeen (17) foot wide strip of land as depicted on said aforementioned final subdivision plat, said seventeen (17) foot strip to be used in the future for roadway and recreation path purposes by the City; and WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owner has delivered an easement deed of conveyance to the City for the strip of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owner, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner herewith delivers to the City an Easement Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owner agrees that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Easement Deed shall impose no obligation upon the Owner to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes. 4. This Irrevocable Offer of Dedication shall run with the strip of land and be binding upon the Owner and his respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS THEREOF, the Owner hereby executes this document as of the day first above written. IN THE PRESENCE ., r Witness Vf STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Se un r4l , in said County and State, this / day of 1997, personally appeared DAVID B. DuBRUL and acknowledged this instrument, by him signed, to be his free act and deed. Before me, Notary Public My Commission Expires: q 1 ° l i EASEMENT DEED (MANHOLES) KNOW ALL PERSONS BY THESE PRESENTS, that DAVID B. DuBRUL, of South Burlington, County of Chittenden, State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, paid to him by the CITY OF SOUTH BURLINGTON, a municipality located in Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a perpetual easement and right-of-way for accessing, repairing and maintaining two certain manholes, over, on and through property of the Grantor located in the City of South Burlington, County of Chittenden and State of Vermont, and more particularly described as follows: Portions of Lots 5, 6 and 7 as the same are depicted on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1, " prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records (the "Plan"), being the portions shown on the Plan as sewer manholes. Said Lots being a portion of the land and premises conveyed to David B. DuBrul by Administrator's Deed of Delima Wright and Francis G. Myers, Co - Administrators of the Estate of Frances S. Myers, dated June 17, 1994, and of record in Volume 364, at Page 17 of the City of South Burlington Land Records. Grantee, its successors and assigns, shall have the right to access, maintain and repair the sanitary sewer manholes on the said Lots, at its sole cost, expense and risk. Grantor, his successors and assigns, shall have the right to enter upon, cross over or make use of the surface of so much of their property as is encumbered hereby, for ingress and egress purposes as depicted on the aforementioned Plan, but shall not erect, construct or place any permanent improvements or structures of any kind on or within a strip of land twenty feet (20') wide centered on the sewer lines and manholes as installed. New England Federal Credit Union joins in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to it by David B. DuBrul dated October 13, 1995, and of record at Volume 384, at Page 51 of the City of South Burlington Land Records, to the permanent easement and right-of- way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Delima Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers join in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to Delima M. Wright and Francis G. Myers, Co -Administrators of the Estate of Frances S. Myers, by David B. DuBrul dated June 17, 1994, and of record at Volume 364, at Page 26 of the City of South Burlington Land Records, and subsequently assigned to the said Delima M. Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers, to the permanent easement and right-of-way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers each has given Delima M. Wright a power of attorney to execute this deed, which powers of attorney were recorded , 1997, at Volume , Pages of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above -granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for himself and his heirs, successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the same as aforesaid and that Grantor, and his heirs, successors and assigns shall warrant and defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. this instrument by him, sealed and subscribed, to be his free act and deed. Notary Public My Commission Expires: STATE OF VERMONT �c Y COUNTY OF CHTTTENDEN, SS. At SSe , Vermont, this ay of �� l Authorized Age _. nt c, 1997, personally appeared -1 Duf the New England Federal Credit Union, and dshe acknowledged this instrument by�her, sealed and subscribed, to b his r free act and dee .and the free act and It deed of the New England Federal Credit Union. u Notary Pub is ° My Commission Expires: a — 18 ^ T`t STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At �e,� , Vermont, this � day of tT— , 1997, personally appeared DELIMA M. WRIGHT, and she ack owledged this instrument by her, sealed and, subscribed, to be her free act and deed individually, and the free act and deed of Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Pau A. Myers. til_�ti- �2 Notary P blic My Commission Expires: .2 ` I L" -` 1 IN WITNESS WHEREOF, DAVID B. DuBRUL, hereunto sets his hand and seal this � dyof 4�r— >��1997. IN THE PRESENCE OF: Witness By: Witness Aj Witness AL4 A-v- Witness AU Witness) A I W, I E-z itness _ c�err�-�( Witnes �A r J Witness Witness w, FEDERAL U/N,ION Its Duly Authorized Agent A- / i -L-2�3� DELIMA M. WRIGHT FRANCIS G. MYERS, by Delim M. Wright, POA h BERNADETTE M. HART, by 6dlima M Wright, POA y, 4�/� ,^---y,— a__,,/ �, GENEVIEVE M. CROLL, by DelinU M. Wright, POA ISADORE E. MYERS, by DefiiWa M. Wright, POA CHARLES J. MYERS, by DelimaYd. Wright, POA - � - " /,)-, . 4 z PAUL A. MYERS, by Delima Wright, POA STATE OF VERMONT tr — COUNTY _ OF CHITTENDEN, SS. At , Vermont, this 36 day of 1997, personally appeared DAVID B. DuBRUL, and he acknowledged ., EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that DAVID B. DuBRUL, of South Burlington, County of Chittenden, State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, paid to him by the CITY OF SOUTH BURLINGTON, a municipality located in Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a perpetual easement and right-of-way for all purposes, including but not limited to, construction and maintenance of a street, construction and maintenance of a sidewalk or sidewalks, and construction and maintenance of a recreational pathway/bike lane, all of the foregoing improvements to be dedicated and devoted to use by the general public, over, on and through property of the Grantor located in the City of South Burlington, County of Chittenden and State of Vermont, and more particularly described as follows: A strip of land seventeen (17.0) feet in width located along the entire length of the easterly sideline of Grantor's property, known and numbered as 1001 Dorset Street, said strip of land having a sideline of 744.22 feet, more or less, along the westerly edge of the right-of-way of Dorset Street, as the same is depicted on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1, " prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records (the "Plan"). Said strip of land being a portion of the land and premises conveyed to David B. DuBrul by Administrator's Deed of Delima Wright and Francis G. Myers, Co - Administrators of the Estate of Frances S. Myers, dated June 17, 1994, and of record in Volume 364, at Page 17 of the City of South Burlington Land Records. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said roadway, sidewalk and recreational pathway, including the right to install, maintain, repair and replace all necessary bridges, culverts, cuts, curbs and ramps, at its sole cost, expense and risk. By its recording of this Easement Deed, Grantee agrees, for itself and its successors and assigns, that any premises of Grantor lying outside the scope of the easement and right-of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this Easement Deed, acknowledges that this easement has been donated to the City of South Burlington, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction, a temporary easement and right-of-way extending five (5) feet west of the entire length of said permanent easement and right-of-way is -hereby granted. Said temporary easement and right-of-way shall expire once construction is completed and the sidewalk/recreational pathway is open to the public. Grantor, his heirs, successors and assigns, shall have no right to enter upon, cross over or make use of the surface of so much of his property as is encumbered hereby, except for ingress and egress purposes as depicted on the aforementioned Plan, and insofar as the general public may make use thereof consistent with the intended purposes of said easement and right-of-way. New England Federal Credit Union joins in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to it by David B. DuBrul dated October 13, 1995, and of record at Volume 384, at Page 51 of the City of South Burlington Land Records, to the permanent easement and right-of- way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Delima Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers join in the execution of this deed for the sole purpose of subordinating the lien of a certain Mortgage granted to Delima M. Wright and Francis G. Myers, Co -Administrators of the Estate of Frances S. Myers, by David B. DuBrul dated June 17, 1994, and of record at Volume 364, at Page 26 of the City of South Burlington Land Records, and subsequently assigned to the said Delima M. Wright, Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers, to the permanent easement and right-of-way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. Myers each has given Delima M. Wright a power of attorney to execute this deed, which powers of attorney were recorded , 1997, at Volume , Pages of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above -granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for himself and his heirs, successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the same as aforesaid and that Grantor, his heirs, successors and assigns shall warrant and defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, DAVID B. DuBRUL, hereunto 3� day of �� m-t�� , 1997. IN T E PRESENCE OF: Witness By: Witnes WitnessA'�A p tL 1 l�vwz� Witness Witness Witness ' :SNIP . , • ► Its Duly Authorized Agent and seat this DE�LIIIMAM. WRIG�HT FRANCIS G. MYERS, by Delinfa M. Wright, POA BERNADETTE M. HART, by belima M. Wright, POA GENEVIEVE M. CROLL, by Delima M. A Witnes Witness Witness Wright, POA ISADORE E. MYERS, by DeAma M. Wright, POA CHARLES J. MYERS, by De ima M. Wright, POA ��1J PAUL A. MYERS, by Delima Wright, POA STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At -5 5 �-h ,Vermont, this -ql`day of '5e +p e-'w -be-),-- , 1997, personally appeared DAVID B. DuBRUL, and he ackno ledged this instrument by him, sealed and subscribed, to be his free act and deed. Notary kblic My Commission Expires: 2 - ) b - °I I STATE OF VERMONT �\ COUNTY/ OF CHITTENDEN, SS. At ,Ss e �c J�'� , Vermont, this ! day of 0C', 1997, personally appeared Z 2yue. ( 01 Ro C'C'— , Duly Authorized Agent of the New England Federal Credit Union, 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 New d Federal Credit Union. Notary Public My Commission Expires: 9- 10 rl STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At �SS�-c , Vermont, this ,36�day of 1997, personally appeared DELIMA M. WRIGHT, and she acknowledged this instrument by her, sealed and subscribed, to be her free act and deed individually, and the free act and deed of Francis G. Myers, Bernadette M. Hart, Genevieve M. Croll, Isadore E. Myers, Charles J. Myers and Paul A. ers. Notary Public My Commission Expires: a( o T EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that INDIAN CREEK CONDOMINIUM ASSOCIATION, INC., a Vermont nonprofit corporation with principal place of business in South Burlington, County of Chittenden, State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, paid to it by DAVID B. DuBRUL, of South Burlington, Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, DAVID B. DuBRUL, and his heirs, successors and assigns forever, the right to tap in and hook on the Grantor's sanitary sewer system, together with the following perpetual easements and rights -of -way: (1) A sanitary sewer line and pipes tapping into the sanitary sewer line and pipes of Grantor in and over the following described parcel of land: A strip of land 15 feet in width as the same is depicted on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1, " prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records. (2) Vehicular and pedestrian ingress and egress to and from lands of Grantor (reference is made to Volume 364, Page 17 of the Land Records of the City of South Burlington) over Indian Creek Drive, so-called, on and through property of the Grantor located in the City of South Burlington, County of Chittenden and State of Vermont, and more particularly described as follows: A portion of land depicted on the aforesaid plan as "30' x 100' Access Easement For Lots 1 & 2." Reference is made to a "Final Plat" of record August 23, 1996, at Map Volume 386, Page 73 of the aforesaid Land Records, and to an instrument of record at Volume 181, Page 295 of said Land Records. Grantee, his successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and landscape said sewer line and pipes, and said access easement, including the right to install, maintain, repair and replace all necessary, culverts, cuts, curbs and ramps, at his sole cost, expense and risk. By his recording of this Easement Deed, Grantee agrees, for himself and his heirs, successors and assigns, that any premises of Grantor lying outside the scope of the easement and right-of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that he will indemnify and hold the Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the use of said right-of-way not attributable to acts of the Grantor. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. Grantor and its successors and assigns, shall have the right to make use of the surface of the lands subject to this right of way easement such as shall not be inconsistent with the use of the easement by the within Grantee, but specifically shall place no structures, landscaping or other improvements within said right of way easement which shall prevent or interfere with the Grantee's ability to exercise its rights granted hereunder. Grantee shall specifically, and not by way of limitation, have the right to irrevocably dedicate, convey and assign its rights in and to the within -conveyed easement to the City of South Burlington. By its recordation of this Easement Deed, Grantor agrees that it shall: 1. Maintain appropriate lighting and landscaping and maintenance of the Grantor's "Indian Creek" sign; 2. erect a postal service/mail pavilion a safe distance from the driveway cut used by Grantee to provide access to and from the aforementioned lands of Grantee, which pavilion shall be designed and constructed to the reasonable satisfaction of Grantee; and 3. re -pave the main Indian Creek access roadway. TO HAVE AND TO HOLD the above -granted rights and privileges in, upon and over said premises unto Grantee, his heirs, successors and assigns forever; and Grantor does for itself and its successors and assigns, covenant with Grantee and his heirs, successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the same as aforesaid and that Grantor, and its successors and assigns shall warrant and defend the same to Grantee and his heirs, successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, INDIAN CREEK CONDOMINIUM ASSOCIATION, INC., hereunto sets its hand and seal this 3o'6 day of 6%4„i!,n le, , 1997. IN THE PRESENCE OF: -; � � (- c 4-/" 4': . - Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. INDIAN CREEK CONDOMINIUM ASSOCIATION, INC. By: �r C� Melinda Tate, President and Duly Authorized Agent At50UM &rhn��an , Vermont, this &*?day of saple-jib hne: , 1997, personally appeared MELINDA TATE, President and Duly Authorized Agent of the Indian Creek Condominium Association, Inc., and she acknowledged this instrument by her, sealed and subscribed, to be her free act and deed, and the free act and deed of the Indian Creek Condominium Association, Inc. Not ry Public My Commission Expires: a//� %9 EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that RIDGEWOOD ESTATES HOMEOWNERS ASSOCIATION, INC., a Vermont nonprofit corporation with principal place of business in South Burlington, County of Chittenden, State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, paid to it by DAVID B. DuBRUL, of South Burlington, Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, DAVID B. DuBRUL, and his heirs, successors and assigns forever, the following perpetual easement and right-of-way: A -strip of land 15 feet in width and 220 feet in length, more or less, for the purpose of installing, constructing, maintaining and repairing a sanitary sewer and pipe line, as the same is depicted on a plan entitled "Old Dorset Site Plan, 1001 Dorset Street, So. Burlington, Vermont, Sheet C-1, " prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised May 21, 1996, and recorded August 23, 1996, in Map Volume 386, at Page 74 of the City of South Burlington Land Records. Reference is made to a "Final Plat" of record August 23, 1996, at Map Volume 386, Page 73 of the aforesaid Land Records, and to an instrument of record at Volume 181, Page 295 of said Land Records; and to a "Plan" by Fred Koerner, of record in Map Volume 153, Page 7, of said Land Records. Grantee, his successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and landscape said sewer line and pipes, including the right to install, maintain, repair and replace all necessary culverts at his sole cost, expense and risk. By his recording of this Easement Deed, Grantee agrees, for himself and his heirs, successors and assigns, that any premises of Grantor lying outside the scope of the easement and right-of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that he will indemnify and hold the Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the use of said right-of-way not attributable to acts of the Grantor. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. Grantor and its successors and assigns, shall have the right to make use of the surface of the lands subject to this right of way easement such as shall not be inconsistent with the use of the easement by the within Grantee, but specifically shall place no structures, landscaping or other improvements within said right of way easement which shall prevent or interfere with the Grantee's ability to exercise its rights granted hereunder. Grantee shall specifically, and not by way of limitation, have the right to irrevocably dedicate, convey and assign its rights in and to the within -conveyed easement to the City of South Burlington. TO HAVE AND TO HOLD the above -granted rights and privileges in, upon and over said premises unto Grantee, his heirs, successors and assigns forever; and Grantor does for itself and its successors and assigns, covenant with Grantee and his heirs, successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantor has good right and title to sell and convey the same as aforesaid and that Grantor, and its successors and assigns shall warrant and defend the same to Grantee and his successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, RIDGEWOOD ESTATES HOMEOWNERS ASSOCIATION, INC., hereunto sets its hand and seal this ol � day of September, 1997. RIDGEWOOD ESTATES IN THE PRESENCE OF: HOMEOWNERS ASSOCIATION, INC. r� .. �-••� �1 By: Witness Its Duly Authorized Agent STATE OF VERMONT LINTY OF CHITTENDEN, SS. At , Vermont, this `� 'day of 1997, personally appeared , Duly Authorized Agent of the RIDGEWOOD ESTATES HOMEOWNERS ASS CIATION, INC., 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 RIDGEWOOD ESTATES HOMEOWNERS ASSOCIATION, INC. Notary Public My Commission Expires: c� — l U — % 9 STITZEj. , PAGE & PLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O BOX 1507 8liRLINGT0N, VEKMONT 05402.1507 {80:) 660-i5$5 (VOICE IDD) FAX (802) 660.2552 STEVEN F. S77TZEL Z,yuaa Rh12555(RA0L COM) pATTI R. PAOV ROBERT E FLETCHER 30SEP}S S. MCLEAN TIMOTHY M. EUSTACE ('ALSO ADMITTW IN N Y ) October 9, 1997 VIA FACSIMILE AND 1ST CLASS MAIL Thomas A. Little, Esq. Little, Cicchetti & conard, P.C. 117 St. Paul Street P.O. Box 907 Burlington, VT 05402-0907 Re: David DuBrul Property Development -- South Burlington OF COUNSEL ARTHUR %V CERNOSLA Dear Tom: Thank you for the copies of the DuBrul Development documents that were hand delivered October 7, 1997. Upon review of the same, I have noted that some of the documents were still in earlier versions which did not reflect changes discussed (and presumably made) through earlier correspondence. With that in mind, I offer the following comments/changes recordi gwill need to be made before these documents are NotiCe RL-n ti o f Subdiv si oval a. a. Paragraph 1 - Please make the ,following chages: "No � nmowing construction, f ill n , remova, of veg$ i--- of grass shall occur on those portions of Lots 1, 3-7 which are identified on the plans as wetland or buffer strip areas, owner shall place restrictive covenants in the deeds for Lots 1 and 3-7 as shown on the Plan, which shall prohibit any construction, filling, removal of vegetation or mowing of grass on said Lots within the wetland buffer strip (as said strip is shown on the Plan). raj cove ants ha 1 urn with the land and be bi di o e r n h ic s��,�cesso ass J tm>S. b. Paragraph 2 - Please deletes a remainder of the paragraph after the second offer of Irxeyoc ble Desiic_ ation Please change "Vermont Land Surveyors" to "Champlain 7 ZtD lovi YIZZ,LILS 5G 51 1n'rf.L) 46 . 60 ',La0 Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. Page 2 October 9, 1997 Consulting Engineers." There should be an Offer. of Dedication for the Easement Deed - Manhole Access as well as for the Easement Deed - 17' Strip of Land. Both Easement Deeds (171 Strip and Manhole Access) can be referenced in one Offer of Dedication. Please add appropriate references to the Easement Deed - Manhole Access in the second and third "Whereas" clauses of the current version of the offer of Dedication and add a numbered paragraph including reference to the Easement Deed for Manhole Access, attached as Exhibit B. �Fase ent eed 1�a o es Please make the following changes to the third paragraph of the description: "Grantee, its successors and assigns, shall have the right to access, maintain, repair, an rip ace the sanitary sewer line &Ad manholes And alb reland te ayu tena�e� a ewtiRggnt on the said Lots..." adding Stripn for iof Land Wright's and in th for POA's in Manhole Access. V_Mo t PropertyTransfer max Returns Rate Schedule: I do not understand use of exemption # 3 in this section. Since these are easements, subdivision regulations do not apply. usually, we simply type in "Easement" somewhere in this section. mw,�v .,,,, fr%r your consideration of these comments. With lilca1171 .I—... +--- i - -- these changes the documents should be ready for execution anu recording. Please do not hesitate to call if you have any questions or wish to discuss this project. sincerely, Timothy M. Eustace CC: Ray Belair sc*3421 ON ,y7 3aY3l7aZ_:is '7j F, :iH1' L6 . 6^ .UC � 1. 017 c, e-.,� 3k, e- 71- 7-L7> AF AT 7;�-z eA-" & r7Z 4`5- STITZEL, PAGE & FLETCHER, P.C. STEVEN F. STITZEL PATTI R. PAW ROHERT E. FLETCHER JOSEPH S. MCLEAN TNOTHY M.EUSTACE (,ALSO ADMITTED IN N Y ) VIA FACSIMILE ONLY ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURUNGTON, VERMONT 05402-1507 (802) 660,2555 (VOICEi DO) FAX (802) 66NZ552 E•MA1L(Fam2555(&AAOL CONf) October 1, 1997 Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. 117 St. Paul Street P.O. Box 907 Burlington, VT 05402-0907 Re: David DuBrul Property Development -- South Burlington Dear Tom: OF COLNSEL ARTHI.R W CERP10SLA I offer the following comments in connection with the Escrow Agreements for the above -referenced project. Please note that I will only be in the office until approximately 9:30 A.M. this morning. Escrow Agreement WatQrl ewe In light of your request that a portion of the loan proceeds be "dedicated" to the City in lieu of a funded escrow, perhaps this document could be renamed "Security Agreement," and the City can take a security interest in $30,000.00 of the loan proceeds. The "escrow" agreement for the water/sewer lines needs to be in existence only until such time as the City accepts dedication of the lines. However, the City needs assurance that money will be available for the sewer and water improvements if the City should be required to perform work on them before their. acceptance. As such, I offer the following alternative language for paragraphs 5 and 13: "5. For the guaranty of Developer's performance of all requirements hereinabove set forth, the Bank shall reserve the sum of $30,000.00 for the benefit of the City and shall not disburse said amount from the construction loan to the Developer except as herein set forth. Said $30,000.00 shall be available for disbursement directly and only to the Municipality in accordance with the terms hereinabove set forth." 7, 31?b'1:1 201y1_177sZi1i? 0C :T ,_7...:' L6 a$S Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. Page 2 October 1, 1997 "13. Upon receipt of written certification by the Municipality that said improvements are complete and have been accepted by the City Council, the Bank shall be relieved of its obligation to hold the $30,000.00 in reserve for the benefit of the City, and may disburse some or all of those funds t,o the Developer in accordance with the terms and conditions of the Construction Loan Agreement and other related documents between the bank and the Developer. Paragraphs currently numbered 13 and 14 should be renumbered as 14 and 15. Escrow Agreement - L ndscayiilq The escrow agreement for landscaping needs to be in place for three years. See Condition 02 of the Planning Commission's 7/6/96 Decision and Conditions. Given the small amount of the bond necessary, and the three year requirement, I would suggest that your client make an arrangement for an escrow account for landscaping unrelated to his construction loan. In addition, a paragraph needs to be added to that document that clarifies the three year obligation. 1 suggest a new paragraph 3, with the paragraphs following renumbered accordingly. "3. Developer shall repair or replace any defective work or improper material and specifically replace any diseased or dying plants or other defective aspects of the landscaping which may appear within three (3) tears after completion." Property Transfer Tax Returri� These documents will not be signed by the City until the City accepts the dedication of the improvements and fully executed Easement Deeds are delivered to the City for recording. Please note that the following sections of the VPTTR are not filled out: K, L, P, Q, R, Rate schedule, Flood and Subdivision Regulations. In addition, you have listed yourself as the Buyer's Representative. Sea also the VPTTR for the Easement Deed - 171 Strip of Land. Easement Deed - manholes Please note that this easement encompasses an area 20' in width centered on the sewer pipes as well as the manholes. As such, please delete the following language at the end of the first paragraph: "...being the portions shown on the Plan as sewer manholes." c 3?vd soviv7az ils IO I7, (3 1W7 L6 . 0S d3S Thomas A. Little, Little, Cicchetti Page 3 October 1, 1997 Esq. & Conard, P.C. Thank you for your consideration of these comments. Please do not hesitate to call if you have any questions or wish to discuss this project. sincerely, Timothy M. Eustace CC: Ray Belair SON3412.con 3 30b'd L6 . 05 d3s VV/JV/Vf 1V2'. 1L:J3 rA& 7UG tlof oo4J L111LC,�,Ik k,=L11,w,1AW %WVV6 THIS AGREEMENT, executed :n triplicate by and between DAVID B, DuBRUL, of South Burlington, Vermont (hereinafter referred to as "Developer"), the CITY OF SOUTH BURLINGTON (hereinafter referred to as "Municipality`% and the NEW ENOLAN0 FEDERAL CREDIT U ON (hereinafter referred to as "Bank"). WITNESSETH., WHEREAS, Developer has received approval from the Municipality for the development of a subdivision known as "Old Dorset" (the "Subdivision"% and WHEREAS. Developer is required by said approval, at Its own expense, to complete certain improvements; and WHEREAS, the parties to this Agreement wish to establish an escrow account to secure the obligations of the Developer as set forth in the City approval; and WHEREAS, the Bank executes this Agreement solely in the capacity of escrow agent. NOW THEREFORE, the parties hereby covenant tnd agree as follows: 1. Developer will), at its own expense, complete the following improvements in connection with its development. The construction to City standards of a sanitary sewer line and public water utilities necessary to service the Subdivision, as depicted or a plan entitled "Old Dorset Site Plan" by Champlain Consulting Engineers of Colchester, dated March 25, 1994, lest revised May 21, 1996, and recorded in Map Volume 386, at Page 74 of the South Burlington Land Records and as referred to in the minutes of the meeting of the City Flmning Commission of July 6, 1996. 2. Upon completion of the public improvements, Developer will irrevocably offer to dedicate and convey the same to the Municipality by a properly executed li-evocable Offer of Dedication and Warranty Deed, free and clear of all encumbrances, the public water and sewer utilities, and any necessary appwlenant easements. 3. The Developer shall complete the improvements set fo�h in paragraph one no later than December 31, 1997. 4. The Developer shall replace or repair any faulty or defective or improper work or materials which may appear by December 31, 1998, provided the improvements are completed by December 31, 1997. ix said i nprovements are not completed by December 31,1997, the warranty period shall extend for one (1) ftt11 year after completion. 7 a-V-i SEP. 90 ' 97 0^v:97 CONN.L'N7CAT ION No:12 ?AGE. 2 3^V4n73Z....- - 9. -^. 113 L6 . 0 S 33"? For the purpose of this Agreement, "completion" shall not be deemed to have occurred until the municipality has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the Developer that the required improvements are complete, S. ror the guaranty of Developer's performance of all requirements heresinabove set forth. and prior to the issuance of any zoning permit for the Sub&visionbf die sum of `---� $30,000.00 shall be withheld anal not di om.xhe cor>s�—on login being made to the Developer by the Bank, antes .all be available for payment to the Municipality in accordance with the terms herein set forth. 6. If the Municipality shall file with the Bank a statement that the Developer is in the judgment of Municipality in default under the terms of this Agreement, the lWik shall from time to time pay monies from the said undisbursed S30,000.00 of the referenced construction loan tome Municipality, in amounts not to exceed a total enabling the Municipality to complete improvern,ents and requirements set forth in this Agreement, 7. The Municipality will promptly submit to the Developer a copy of such statement as it files with the Bank. The consent of the Developer to such payment by the Bank to the Municipality shall not be required. The Bank shall incur no liability to t]se Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use cf such funds by the Municipality in completing such improvements. 8. The Municipality shall not file with the Bank a statement of default until thirty (30) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so, during which period the Developer may cure the alleged default. 9. All monies re'P,&.%td by t?-e Bank to the \4"n!6pality pursuant to paragraph six (6) shall be used by the Nfwnicip4li solely !or the purpose ofperformitg oblig;Wons imposed upon the Developer by t at portion of this Agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and materials basis or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgment of the Municipality shall accomplish to work most expeditiously and economically. 10. If :ponies are released by the Bank to the Municipality pursuant to paragraph six (6) and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this Agreement. SEP, 30 ' 97 (, Uz) 00 99 COVU NI CA7: Cti N, : ; 2 ?AOZ. 9 9 , CO, (3.1L) Lh OS �Z Vaf4tiiv1 "ri 14;4v rAs OVA 104 OQIQ L111L.C;,WINAIW IM UU4 11, The Bank will not refuse or delay to make such paymcnts to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such pad-ents by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph eight (8) of this Agreement. 12, This Agreement shall terminate and shall be of no force or effoct upon performance of all requirements contemplated hereby, Council's acceptance of the improvements, and the completion of the warranty period set forth in paragniph four (4). 13, Until such time as ?ha Developer completes the public improvements contemplated under this Agreement, and the same have been inspected and accepted by the City, the Developer shall be responsible for all maintenance and repair of the improvements. 14. This Agreement shall not oaly be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. DATED at , Vermont, this day of October, 1997, IN THE PRESENCE OF: Witness DAVID H. DuBRUL DATED at , Vermont. this ,_,___ day of October, 1997. IN THE PRESENCE OF: Witness CITY OF SOUTH BURLNGTON By: Its Duly Authorized Agent DATED at _ _ , Vermont, this day of October, 1997. IN THE PRESENCE OF: By: Witness NEW ENGLAND FEDERAL CREDIT UNION Ito Duly Authorized Agent 9EP, 30 ' 97 (?Js; yy : 99 CQWXUN1 CAT: ON No : 1 2 ?AvZ 4 anvIt, ZoyK37-7z_:_1 Ll 50 11:M-11 L6 . n. d3S SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoining Rulations and Chapter 117 egTitle 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, April 11, 1994 at 7:00 F.M. to consider the following: #1 Appeal of David Du- Brul seeking a variance from Section 19.00 Non complying structures and LEGAL NOTICES 1 Section 18.00 Dimensio- nal requirements of "the South Bulrlington Zoning Regulations. Request is for permission to reno- vate an existing structure which is non-somplying to the minimum dimensional requirements and con- struct a detached 6'x24' garage to within thirty-one (31) feet of the required front yard on a lot con- tainingg 4.6 acres, located at 1001 Dorset Street. #2 Appeal of Gilbert Bar- ney seeking a variance from Section 18.00 Di- mensional requirements of the South Burlington Zoning Regulations. Re- quest is for permission to construct a 14'x22' addi- tion to within seven and one half (7.5) feet of the rear yard property line, located at 26 Mountain View Drive. Plans are on file with the South Burlington Planning and Zoning office, located at City Hall, 575 Dorset Street, South Burlington, Vermont. Richard Ward, Zoning Ad- minstrative Officer March 26, 1994 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 PATTI R. PAGE" E-MAIL(FIRM[2555 a OL.COM) ROBERT E. FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE ('ALSO ADMITTED IN NY) September 26, 1997 VIA FACSIMILE AND FIRST CLASS MAIL Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. 117 St. Paul Street P.O. Box 907 Burlington, VT 05402-0907 Re: David DuBrul Property Development -- South Burlington Dear Tom: OF COUNSEL ARTHUR W. CERNOSIA I just returned to the office yesterday. I have discussed this project with Bob Fletcher, read the recent correspondence with Bob's comments and reviewed your latest drafts. With that in mind, I offer the following minor comments: Escrow Agreement - Water/Sewer a. As no new roadway will be constructed by your client, please delete all references to roadway/street construction. (See paragraphs 12, 13 and 14). b. Paragraph 2 - Please make the following changes: "Upon completion of the public improvements, Developer will irrevocably offer to dedicate and convey the same to the Municipality by a properly executed Irrevocable Offer of Dedication and Warranty Deed..." C. Paragraph 12 - Please delete "street(s)" and replace with "the improvements". d. Paragraph 14 - Please delete "street(s)". The information needed to fill in the blanks in paragraphs 3, 4, 13 and 14 (i.e., completion percentages and dollars to be escrowed) is typically established by the City's Engineer, Bill Symanski. He should be contacted directly by the Developer's Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. Page 2 September 26, 1997 engineer to discuss these issues. Escrow Agreement - Tree Planting a. Paragraph 3 - Please make the following change: "...and prior to the issuance of any zoning permit for the Subdivision_, e-€ the sum of $6,600.00 shall be set aside..." Easement Deed - Manholes a. At the end of the first paragraph of the description please add (the "Plan"). b. At the end of the fourth paragraph of the description please add the following language: "as depicted on the aforementioned Final P! Plan, but shall not erect construct or place any permanent improvements or structures of any kind on or within a strip of land twentv feet (201) wide centered on the sewer lines and manholes as installed." C. Please add a reference with recording information for Delima M. Wright's POA's. Notice of Conditions of Subdivision Approval a. Paragraph 1 - Please make the following changes: "No construction, filling, removal of vegetation or mowing of grass shall occur on those portions of Lots 1, 3-7 which are identified on the plans as wetland or buffer strip areas. Owner shall place restrictive covenants in the deeds for Lots 1 and 3-7 as shown on the Plan, which eevenanta shall prohibit any construction, filling, removal of vegetation or mowing of grass on said Lots within the wetland buffer strip (as said strip is shown on the Plan). Said covenants shall run with the land and be binding upon the Owner and his successors and assigns." b. Paragraph 2 - Please delete the remainder of the paragraph after the second sentence. Easement Deed - 17' Strip of Land a. Please note that the site plan referred to was prepared by Champlain Consulting Engineers rather than Vermont Land Surveyors. Please add (the "Plan") at the end of the Site Plan reference. (See also Offer of Irrevocable Dedication). Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. Page 3 September 26, 1997 b. Please make the following changes to the third full paragraph on page 2: "Grantor, his successors and assigns, shall have no right to enter upon, cross over or make use of the surface of so much of his property as is encumbered hereby, except for ingress and egress purposes as depicted on the aforementioned Plan and insofar as the general public may make use thereof..." C. Please add a reference with recording information for Delima M. Wright's POA's. Thank you for your consideration of these comments. I look forward to receiving revised documents. Please do not hesitate to call if you have any questions or wish to discuss this project. Sincerely, Timothy M. CC: Ray Belair SON34O. COR Eustace STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVENF. STITZEL (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 PATTI R- PAGE* E-MAWIRM2555QAOL.CO1,0 ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE CALSO ADMTlTED IN N.Y.) September 16, 1997 Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. 117 St. Paul Street P.O. Box 907 Burlington, VT 05402-0907 Re: David DuBrul Property Development -- South Burlington Dear Tom: OF COUNSEL ARTHUR W.CERNOSIA I have had an opportunity to speak with the Planning Department in the City of South Burlington with respect to your proposed Escrow Agreement. The following comments reflect their input, as well as some additional comments of my own. 1) Two separate Escrow Agreements should be used. The Landscape Escrow Agreement will be in place for 3 years, whereas the Escrow Agreement for the water/sewer lines need be in existence only until such time as the City accepts dedication of the lines. Consequently, it is to your client's advantage that their be two separate Escrow Agreements; 2) With respect to the Water/Sewer Escrow Agreement, I have the following suggestions: a. Throughout the document, delete references to roadway construction (paragraphs 2 and 13), unless there is a road to be built by Mr. DuBrul of which I am unaware. b. With respect to paragraph 7, in the first line substitute the word "statement" for the word "settlement" at the end of that line. c. Revise paragraph 15 to read as follows: "Until such time as Developer completed the public improvements contemplated under this Agreement, and the same have been accepted by the City, Developer shall be responsible for all maintenance and repair of such improvements." Delete the r I Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. Page 2 September 16, 1997 balance of that paragraph. The completion percentages and dollars to be escrowed are typically established by the City's Engineer, Bill Symanski. Mr. Symanski will not be in his office until Thursday, September 18. He should be contacted directly by the Developer's engineer to discuss these issues. Moving on to the Notice of Conditions of Subdivision Approval, I suggest that it is preferable for Mr. DuBrul to simply grant the City an easement and right to enter Lots 5-7 than to have the City's rights set forth in an obscure Notice of Conditions. An easement will be more likely to be discovered and disclosed in a title search in the future. If you wish, the City will have no objection to including the easement within the Notice of Conditions, although I personally think two documents is "cleaner". In the Notice of Conditions, the third WHEREAS clause should be changed to read: 1) After the words "obligates Owner to" insert "(i)" and at the end of the paragraph add the following after the semicolon "and (ii) to grant the City of South Burlington an easement for access over and across Lots 5, 6 and 7 for purposes of accessing, repairing and maintaining two (2) certain manholes to be located on those lots;"; 2) In the next to last line in that paragraph amend as follows: "construction, filling, removal of vegetation from or mowing of grass within"; 3 In the NOW THEREFORE paragraph, amend to read: ... conditions and restrictions which shall run with the land, be binding upon Owner and its successors and assigns, and shall be enforceable by the City acting by and through the South Burlington Planning Commission, unless or until modified ..."; 4) Numbered paragraph 1 - I suggest substituting the word "fill" for "filling"; 5) Numbered paragraph 2 - Delete the second sentence and insert the following: Owner shall execute and deliver to the City an Easement Deed granting the City the necessary easement and right-of-way for the purposes described above. 6) Amend numbered paragragh 4 as follows: "shall run with the land, [and) be binding and shall be R ( 1 Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. Page 3 September 16, 1997 enforceable by the City against the Owner, and its successors and assigns." Call me with any questions or concerns. Si er y, Robert E. Fletcher REF/dah CC: Ray Belair SOR7390.COR 09/11/97 THU 11:56 F.AX 802 862 5645 LITTLE,CICCHETTI,CONARD ESCROW AGREEMENT THIS AGREEMENT, executed in triplicate by and between DAVID B. DuBRUL, of South Burlington. Vermont (hereinafter referred to as "Developer"), the CITY OF SOUTH BURLINGTON (hereinafter referred to as "Municipality"), and the NEW ENGLAN'D FEDERAL CREDIT UNION (hereinafter referred to as `Bank"). WITNESSETH: WHEREAS, Developer has received approval from the Municipality for the development of a subdivision known as "Old Dorset" (the "Subdivision"); and WHEREAS, Developer is required by said approval, at its own expense, to complete certain improvements; and WHEREAS, the parties to this Agreement wish to establish an escrow account to secure the obligations of the Developer as set forth in the City approval; and WHEREAS, the Bank executes this Agreement solely in the capacity of escrow agent. NOW THEREFORE, the parties hereby covenant and agree as follows: l , Developer will, at its own expense, complete the following improvements in connection with its development. The planting of nineteen (19) trees along the Dorset Street frontage, and the construction to City standards of a sanitary sewer line and public water utilities necessary to service the Subdivision, as depicted on a plan entitled "Old Dorset Site Plan" by Vermont Land Surveyors, dated March 25, 1994, last revised May 21, 1996, and recorded iD Map Volume 386, at Page 74 of the South Burlington Land Records and as referred to in the minutes of the meeting of the City Planning Commission of July 6, 1996. 2. Upon completion of the public improvements, Developer will convey to the Municipality by properly executed Warranty Deed, free and clear of all encumbrances, the roadway, public water and sewer utilities, and any necessary appurtenant easements. 3. The Developer shall complete the improvements set forth in paragraph one no later than SE?. 10 ' 97 (WED) 23:56 CCN2. f.UN!CAT! ON No. 16 ?AGE. 3 09/11/97 THU 11:56 RA3 802 862 5645 LITTLE,CICCHETTI.CONARD a 0O4 DRAFT 4. The Developer shall replace or repair any faulty or defective or improper work or materials which may appear by , provided the improvements are completed by If said improvements are not completed by , the warranty period shall extend for two (2) full years after completion. For the purpose of this Agreement, "completion" shall not be deemed to have occurred until the municipality has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the Developer that the required improvements are complete. 5. For the guaranty of Developer's performance of all requirements hereinabove set forth, and prior to the issuance of any zoning permit for the Subdivision of the sum of $ shall be set aside and held in escrow by the Bank and shall be available for payment to the Municipality in accordance with the terms herein set forth. 6_ If the Municipality shall file with the Bank a statement that the Developer is in the judgment of Municipality in default under the terms of this Agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality, in amounts not to exceed a total enabling the Municipality to complete improvements and requirements set forth in this Agreement. 7_ The Municipality will promptly submit to the Developer a copy of such settlement as it files with the Bank. The consent of the Developer to such payment by the Bank to the Municipality shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 8. The Municipality shall not file with the Bank a statement of default until thirty (30) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so, during which period the Developer may cure the alleged default. 9. All monies released by the Bank to the Municipality pursuant to paragraph six (6) shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this Agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and materials basis or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgment of the Municipality shall accomplish the work most expeditiously and economically. SEP• 10 ' 97 (Z ED) 23:57 COIJJJ NiCATIO'G No. 16 PAGE. 4 09/11/97 THU 11:57 FAX 802 862 5645 LITTLEXICCHETTIXONARU Z 005 :RAFT 10. If monies are released by the Bank to the Municipality pursuant to paragraph six (6) and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this Agreement. 11. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph eight (8) of this Agreement. 12. This Agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby, Council's acceptance of street(s) and the completion of the warranty period set forth in paragraph four (4). 13. Upon request of Developer, but only after verification by the City Engineer and written approval by the City Manager, the Bank will release to the Developer a portion of the escrowed funds as the construction of the road and utilities progresses with the following schedule used as a guideline: % when rough grade is achieved suitable for installation of services; % when sewer and water systems are completed; % when storm drainage is complete and base gravel is in place; % when curbs and sidewalks are complete; % when road is paved; and % when road is completed. 14. Notwithstanding the provisions of paragraph thirteen (13) the sure of $ shall be in any event maintained in escrow iuitil certification to the Bank by the Municipality of the completion of the warranty period set forth in paragraph four (4) and street(s) acceptance by the City Council. in order to accomplish the purposes of this paragraph, the Bank will retain fifteen (15) percent of each payment authorized under paragraph thirteen (13) so that when the final partial payment is made it will still have the total of S in escrow. 15. Until such time as the Developer completes the public improvements contemplated under this Agreement, he shall be responsible for maintaining such improvements. If within two (2) years after the final cost of pavement has been completed, the Developer has not completed all requirements for street(s) acceptance, the Developer will be required to pay the cost for snow plowing or any other requirement maintenance performed by the City until street(s) acceptance. Escrow funds may be used by the City for maintenance. Failure by the Developer to maintain improvements shall constitute a basis for default under this Agreement. S=P- 10 ' 97 (WED) 2--- :57 COMMUNICATION No. 16 PAGE. 5 09/11/97 THU 11:58 FAX 802 862 5645 LITTLE,CICCHETTI,CONARD 0 006 16. This Agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. DATED at IN THE PRESENCE OF: Witness Witness DATED at IN THE PRESENCE OF: Witness Witness DATED at IN THE PRESENCE OF: Witness Witness 1997. 1997. , 1997. Vermont, this day of ti, DAVID B. DuB Vermont, this day of CITY OF SOUTffZVRLINGTON Its Duly Authorized t Vermont, this day of NEW ENGLAND FEDERAL CREDIT UNION 10 _ 13 Its Duly Authorized AWP 1104 SEP• 10 ' 97 'W---D) 23:56 COAN✓JNICATION No. 16 PACE. 6 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICErIDD) STEVENF. STTTZEL FAX (802) 660-2552 PATTI R. PAGE'S E-MAII,(FI U,42555QAOL.COM) ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE ('ALSO ADMITTED IN N.Y.) September 12, 1997 Thomas A. Little, Esq. Little, Cicchetti & Conard, PC 117 St. Paul Street PO Box 907 Burlington, VT 05402-0907 Re: DuBrul Subdivision/City of South Burlington Dear Tom: OF COUNSEL ARTHUR W.CERNOSIA I received your Notice of Conditions as well as your Escrow Agreement. My comments are as follows. 1. Notice of Conditions - please note that Condition 8 in the Planning Commission minutes indicates that Mr. DuBrul must permit access by the City to the manholes located on Lots 5, 6 and 7. I suggest the following changes to the Notice of Conditions: 1) No construction, filling, removal of vegetation or mowing of grass shall occur on those portions of Lots 1, 3 - 7 which are identified on the plans as wetland or buffer strip areas. [Original text of Parargraph 1 as submitted]. 2) The City of South Burlington shall have the right to enter, cross over, and otherwise traverse Lots 5, 6 and 7 as the City deems necessary to access, service, maintain, replace and repair two (2) manholes and related facilities designated as manholes #1 and #2 of said plan. Owner shall ... 3) Renumber original #2. 4) Renumber original #3. Also, both the Notice and the Escrow Agreement refer to the plans as having been prepared by Vermont Land Surveyors. The materials I have in my file indicate that the plans were prepared Thomas A. Little, Esq. Little, Cicchetti & Conard, PC Page 2 September 12, 1997 by Champlain Consulting Engineers of Colchester. Please verify that Vermont Land Surveyors is the appropriate reference. 2. By copy of this letter I am sending the Escrow Agreement to the City for its consideration. I will inform you about the "open" items. If you have additional questions or concerns, please don't hesitate to contact me in Tim' s,.,abse-nce. Sincerely, Robert E. Fletcher REF/dah cc: Ray Belair (w/ enclosure) SON3387.COR 1 � STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICErMD) STEVEN F. STITZEL FAX (802) 660-2552 PATTI R. PAGE' E-MAWIRM2555 a OL.COM) ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE ('ALSO ADMITTED IN N.Y.) September 4, 1997 Thomas A. Little, Esq. Little, Cicchetti & Conard, PC 117 St. Paul Street PO Box 907 Burlington, VT 05402-0907 Re: DuBrul Subdivision - 1001 Dorset Street Dear Tom: Enclosed for your review in connection with the above - referenced project is a form for an Offer of Irrevocable Dedication. OF COUNSEL ARTHUR W. CERNOSIA Please do not hesitate to call if you have any questions or if I can be of further assistance. Thank you. Sincerely, Timothy M. Eustace THE/dah Enclosure cc: Ray Belair SON3382.COR OFFER OF IRREVOCABLE DEDICATION Agreement made this day of and between , 19 , by , a Vermont general partnership with a place of business in and "Owners") and the City of , of WITNESSETH Vermont , Vermont (the (the "City"). WHEREAS, the Commission has approved a final subdivision plat entitled: " It dated , last revised ; and , prepared by WHEREAS, the final approval of the Planning Commission dated , 19 contains the following conditions: In accordance with the Owner's offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deed conveying an eighty (80) foot strip of land as depicted on said aforementioned final subdivision plat, said eighty (80) foot strip to be used in the future for roadway and recreation path purposes by the City; and WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the strip of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good F7 - x s - FORM 0259 and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a Warranty Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes. 4. This Irrevocable Offer of Dedication shall run with the strip of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: OWNERS Witness Witness PARTNERSHIP Witness By: Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. , general partner duly authorized At in said County and State, this day of , 19 , personally appeared and acknowledged this instrument, by her signed, to be her free act and deed. Before me, Notary Public My Commission expires: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At in said County and State, this day of 19 , personally appeared general partner of and acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of PARTNERSHIP. Before me, Notary Public My Commission expires: D:\S&PFORMS\FORM0259.REA STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 PATTI R. PAGE* E-MAII JWA2555@AOL.COM) ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE (*ALSO ADMITTED IN N.Y.) August 27, 1997 Thomas A. Little, Esq. Little, Cicchetti & Conard, PC 117 St. Paul Street PO Box 907 Burlington, VT 05402-0907 Re: DuBrul Subdivision - 1001 Dorset Street Dear Tom: Enclosed for your review in connection with the above - referenced project are the following documents: OF COUNSEL ARTHUR W. CERNOSIA 1. Findings of Fact and Decision of the South Burlington Planning Commission dated July 9, 1997; 2. Draft Easement Deed; and 3. Draft Notice of Condition. Please do not hesitate to call if you have any questions. Thank you. Sincerely, Timot y M. Eustace THE/dah cc: Ray Belair SON3378.COR DRAFT EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that JIM DEAN COUILLARD, of East Calais, County of Washington, and State of Vermont, and TERRY LEE COUILLP.RD, of Milton, County of Chittenden, and State of Vermont, Grantors, in consideration of One Dollar, and other valuable consideration, the -receipt and satisfaction of which are hereby acknowledged, to be paid to them by the CITY OF SOUTH BURLINGTON, a municipality located in Chittenden County, State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a perpetual easement and right-of-way for all purposes, including but not limited to, construction and maintenance of a street, construction and maintenance of a sidewalk or sidewalks, and construction and maintenance of a recreational pathway/bike lane, all of the foregoing improvements to be dedicated and devoted to use by the general public, over, on and through property of the Grantor located in the City of South Burlington, County of Chittenden and State of Vermont, and more particularly described as follows: A strip of land eight and one -quarter (8.25) feet in width located along the entire length of the northerly sideline of Grantors' property, known and numbered as 79 Swift Street, said strip of land having a sideline of one hundred twenty five (125) feet, more or less, along the southerly edge of the right-of-way of Swift Street, as the same is depicted on a plan entitled "Swift Street P.U.D., 57, 69 & 85 Swift Street Overall Site Plan, South Burlington, Vermont, Sheet 1," prepared by Civil Engineering Associates, Inc., dated Auril, 1997, last revised June 11, 1997, and recorded in Map Volume at Page , of the City of South Burlington Land Records. Said strip of land being a portion of the land and premises conveyed to Jim Dean Couillard and Jerry Lee Couillard by Warranty Deed of John R. Couillard dated June 20, 1997, and of record in Volume 411 at Page 19 of the City of South Burlington Land Records. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said roadway, sidewalk and recreational pathway, including the right to install, maintain, repair and replace all necessary bridges, culverts, cuts, curbs and ramps, at7 its sole cost, expense and risk. By its recording of this Easement Deed, Grantee agrees, for itself and its successors and assigns, that any premises of Grantors lying outside the scope of the easement and right-of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that it will indemnify and hold the Grantors harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the Toublic use of said riah_t-of-way not the Grantors. Grantee, by the recording ^of this ^Easement yDeed, acknowledges that this easement has been donated to the City of South Burlington, at no cost to the City, with the intent that Grantors shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction, a temporary easement and right-of- way extending five (5) feet south of the entire length of said permanent easement and right-of-way is hereby granted. Said temporary easement and right-of-way shall expire once construction is completed and the sidewalk/recreational pathway is open to the public. Grantors, their successors and assigns, shall have no right to enter upon, cross over or make use of the surface of so much of their property as is encumbered hereby, except insofar as the general public may make use thereof consistent with the intended purposes of said easement and right-of-way. Chittenden Trust Company joins in the execution of this deed for the sole purpose of subordinating the lien of a certain N,ortgage granted to it by Jim Dean Couillard and Jerry Lee Couillard dated July 2, 1997, and of record at Volume 411, Page 21 of the City of South Burlington Lard Records, to the permanent easement and right-of-way described above and for no other purpose, and said mortgage and the lien thereof is otherwise to be and to remain in full force and effect in accordance with the terms thereof. Vermont Gas Systems, Inc. joins in the execution of this deed for the sole purpose of subordinating an easement acquired by Deed of Easement for Culvert Pipelines dated July 22, 1986 and recorded in Volume 216, Pages 24-25 of the City of South Burlington Land Records, to the temporary and permanent easements granted herein. Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantors do for themselves and their successors and 2 assigns, covenant with Grantee and its successors and assigns, that. Grantors are lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, that the Grantors have good right and title to sell and convey the same as aforesaid and that Grantors, and their successors and assigns shall Warrant and Defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, JIM DEAN COUILLARD and JERRY LEE COUILLARD hereunto set their hands and seals this day of August, 1997. IN PRESENCE OF: Witness Jim Dean Couillard Witness Jerry Lee Couillard STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont, this day of August, 1997, personally appeared Jim Dean Couillard, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed. Before me, Notary Public My Commission expires: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , Vermont, this day of August, 1997, personally appeared Jerry Lee Couillard, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed. Before me, Notary Public My Commission expires: 3 Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. VERMONT GAS SYSTEMS, INC. By: Duly Authorized Agent At , Vermont, this day of August, 1997, personally appeared , Duly Authorized Agent of VERMONT GAS SYSTEMS,. INC., 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 VERMONT GAS SYSTEMS, INC. CHITTENDEN TRUST COMPANY By: Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At on the day of August, 1997, personally appeared , duly authorized agent of CHITTENDEN TRUST COMPANY, and he/she acknowledged this instrument by her/him, sealed and subscribed, to be his/her free act and deed, and the free act and deed of CHITTENDEN TRUST COMPANY. Before me, S ONI D B AAA 4 Notary Public My Commission Expires: Draft: October 19, 1994 NOTICE OF CONDITIONS OF SUBDIVISION APPROVAL WHEREAS, CORPORATION, a Vermont corporation with its principal place of business in South Burlington, Vermont ("Owner" herein) is the owner of acres of land in the City of South Burlington with feet of frontage on Shelburne Road, so-called, which land was acquired by warranty deed of , dated and recorded in Volume at page of the City of south Burlington land records; and 11 WHEREAS, Owner has obtained approval for development of said property for commercial purposes in accordance with an approval granted by the South Burlington Planning Commission on , 1994, which approval is fully set forth in the minutes of the Planning Commission meeting on such date; and WHEREAS, the above -stated approval of the South Burlington Planning Commission obligates Owner to construct certain roadways on the subject property which are shown and depicted on a plan entitled " it, dated , and recorded in Map Volume at page of the City of South Burlington Land Records; and WHEREAS, it is a condition of the above -stated approval of the South Burlington Planning Commission that the above said roadways may be retained in private ownership so long as said roadways are maintained in a condition satisfactory to the City; - 1 - NOW THEREFORE, in compliance with said approval, Owner hereby agrees to be bound by the conditions of said approval and gives notice that the above -described lands are and shall remain subject to the following conditions and restrictions which shall run with and be binding upon the land unless or until modified or removed by the South Burlington Planning Commission: 1. Owner shall construct the roadways identified as , as shown and depicted on the above -referenced plan, ("Roadways" herein) in accordance with the standards and specifications customarily used by the City for the construction of streets which will be owned and maintained by the City. 2. Owner shall complete the construction required by paragraph 1 above within months of the date of this Notice and shall promptly repair or replace any work or materials found to be defective or not in accordance with City standards within six months of notification by the City of such defects or unsatisfactory workmanship. 3. Owner shall maintain the above -described roadways at its sole cost in accordance with standards and practices customarily employed by the City for the maintenance of streets similar in character. Owner agrees that such roads shall be open to the public at all times, except when closure is necessary for repair or maintenance. 4. If City, acting through its Highway Superintendent, or - 2 - other individual designated by the South Burlington City Council, determines through a reasonable exercise of its discretion, that Owner has failed to maintain the Roadways in a manner consistent with customary practices of the City, the Highway Superintendent shall direct Owner in writing to complete specific repairs or maintenance, or institute specific maintenance practices. If within sixty (60) days of issuance of such written notice, Owner has failed or refused to initiate the action required by such notice and fails to complete such action with due diligence within a reasonable time thereafter, or if the Highway Superintendent issues a third notice within any twelve (12) month period, the Highway Superintendent may request that the South Burlington City Council accept the Roadways as public roads. 5. As an alternative to accepting the roadways as public roadways, the City may, in its discretion, complete the specific repairs or maintenance directed by the Highway Superintendent and bill the cost of performing such work to Owner, or Owner's successors, heirs or assigns. If Owner fails to pay said bill within thirty (30) days, City may collect the amounts due, including reasonable costs of collection, using the same proceedings that are available to the City to collect delinquent property taxes. 6. If the City of South Burlington accepts the roadways as public roads in the manner set forth in paragraph 4, above, Owner shall within 120 days of such action by the City take those actions that are required under the City Sign Ordinance then in - 3 - effect to comply with such ordinance. In determining what action is required, Owner's property shall be reviewed as if the roadways were approved as public roadways and only those signs allowable based on such approval shall be allowed. 7. In addition to any action the City of South Burlington is authorized to take under this Notice, the City may enforce the conditions and restrictions in the above stated approval by an appropriate civil action in Superior Court. 8. This Notice of Condition of Subdivision Approval shall run with the land and be binding on the Owner, and the Owner's successors and assigns. Dated at South Burlington, Vermont, this day of , 1994. Owner STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington, Vermont, this day of 1994, personally appeared he/she acknowledged this instrument by h his/her free act and deed. SON062.rea - 4 - and /her signed to be Notary Public City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 5, 1996 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the June 11, 1996 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (9/9/96) or this approval is null and void. If you have any questions, please gi me a call. in rely Jo Weith, Ci Planner JW/mcp 1 Encl cc: Greg Bombardier City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 18, 1996 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658- 7958 Enclosed is a copy of the Findings of Fact and Decision on the approved referenced project approved by the Planning Commission on June 11, 1996. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (9/9/96) or this approval is null and void. If you have any questions, JW/mcp 1 Encl cc: Greg Bombardier please give me a call. S n erely Jo Weith, Ci y Planner CHAMPLAIN CONSULTING ENGINEERS S7RUC77JRAL& FOUNDA77ONS - SITE PLANNING - SANITARY& WATER May 24, 1996 Mr. Raymond Belair CITY OF SOUTH BURLINGTON Planning & Zoning Department 575 Dorset Street South Burlington, VT 05403 RE: FINAL PLAT SUBMITTAL: OLD DORSET 7 LOT SUBDIVISION 1001 Dorset Street, So. Burlington, VT Dear Mr. Belair: Enclosed are 5 sets of revised project plans, plus a 11" x 17" reduction, for David Dubrul's proposed OLD DORSET subdivision project which incorporate the pre -hearing comments issued by your office on May 16, 1996. These include the following: (1) The final plat was revised by Mark Ward of Vermont Land Surveyors on 5/21/96 to include the shared driveway rights - of -way and the limits of the conservation overlay (C.O.) district. (2) The site plan, Sheet C-1, was revised by Champlain Consulting Engineers on 5/21/96 to include the shared driveway rights -of -way and the limits of the conservation overlay (C.O.) district. (3) The pre-existing residence on Lot #6 will remain a duplex; conversion to a three (3) unit multi -family dwelling is not being proposed by Mr. Dubrul at this time. As per our conversation yesterday, landscaping details, parking spaces and size of proposed dwelling have not been included on the revised plans for Lot #6. A typical exterior lighting detail, 12/C-4, is shown on the plan set, and both landscaping and exterior lighting will be addressed on a lot by lot basis by the individual property owners at the time of house construction. (4) Detail ll/C-4, typical shared driveway section, has been added to the project plan set. (5) The project description has been revised to reflect that no conversion of the existing duplex on Lot #6 is planned at this time. 128 Prim Road, P.O. Box 453, Colchester, Vermont 05446 802 -863 - 8060 (6) Note #6 was added to plan Sheet C-1 on 5/21/96 to clarify that the building setbacks noted are referenced from the future Dorset Street right-of-way. (7) I addressed the fill issue with Mr. Dubrul on 4/12/96; a copy of my letter is attached for you information. Any fill that was accidentally placed in the wetland buffer will be most definitely be removed and the disturbed area restored by Mr. Dubrul at the time the erosion control measures are installed for the sanitary sewer line extension. As always, if you have any additional questions, please do not hesitate to call. Sincerely, CHAMPLAIN CONSULTING ENGINEERS .1 A4fl Greg J. Bombardier, PE Enclosure Page - 2 CHAMPLAIN CONSUL TING ENC,fNEERS S77ZUC, ITJI?AL & FOUNDA77ONS • S17T PLANNING • SANITARY& WA7T April 12, 1996 Mr. David Dubrul 1001 Dorset Street South Burlington, Vermont 05403 RE: OLD DORSET SUBDIVISION ESTIMATE OF FILL. OUAN"TITY Dorset Street, South Burlingtou, VT Dear Mr. Dubrul: I have completed my review concerning the amount of site fill necessary north of your existing residence at 1001 Dorset Street and extending to Indian Creek Drive to meet the'finish site grades represented on the Old Dorset project grading plan last revised April 12; 1996. I estimate that the total amount of site fill required to reasonably execute the site grading plan is approximately 5,600 cubic yards of material based,on a comparison between the original 1991 site topography and the existing spot elevations of the site provided by Mark Ward of Vermont Land Surveyors last week. Please note that the site fill material should be relatively clean, free draining material with no organic materials; stumps, rubble and construction debris. Fill should be installed in 12" maximum horizontal lifts and compacted to not less than 90% of the maximum dry density of the fill material at the optimum moisture content a� established by the Standard Proctor Test (ASTM D698) to prevent future site settlement. As always, feel free to call me at (802)863-8060 if you have any additional questions or concerns at this time. Sincerely, CHAMPLAIN CONSULTING ENGINEERS Grego - Bombardier, PE 128 Prim Road, P.O. Box 453, Colchester, Vermont 05446 802 •863 • 8060 *Z . Z,,� 6/11/96 JW 4 P .y.. MOTION OF APPROVAL DAVID DUBRUL I move the South Burlington Planning Commission approve the final plat application of David DuBrul to subdivide a 4.76 acre parcel into seven (7) lots ranging in size from 19,002 square feet to 69,630 square feet, 1001 Dorset Street, as depicted on an eight ( 8 ) page set of plans, page two ( 2 ) entitled, "Final Plat Seven Lot Subdivision, Old Dorset, Owned by: David DuBrul, 1001 Dorset Street, So. Burlington, Vermont," prepared by Vermont Land Surveyors, dated August 5, 1990, last revised 5/21/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Prior to issuance of any zoning permit, the applicant shall post a $6,600 landscape bond to cover the installation cost and value of all subdivision related landscaping. The bonds shall remain in effect for three (3) years to assure that the planted landscaping has taken root and has a good chance of surviving. 3. Legal documents for the widening of Dorset Street (i.e., irrevocable offer of dedication) and easements (e.g., utility easement) shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to issuance of a zoning permit for lots 1-5 and 7. 4. A bond for the sewer line shall be posted prior to issuance of a zoning permit. The amount of the bond shall be approved by the City Engineer. 5. The Planning Commission approves a total sewer allocation of a 4895 gpd. The per gallon sewer fee, shall be paid prior to issuance of a zoning permit on a per bedroom basis. 6. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of required improvements (i.e., sanitary sewers), the developer shall submit to the City Engineer "as built" construction drawings certified by a registered engineer. 7. There shall be no construction, fill, removal of vegetation or mowing of grass within the wetland area or buffer strip as shown on the approved plat with the exception of constructing and maintaining the sewer line as shown on the approved plat. 1 8. The applicant shall submit a "Notice of Conditions" for review and approval by the City Attorney which will require the deeds for lots #1 and lots #3 - 7 to contain a provision prohibiting any construction, fill, removal of vegetation or mowing of grass within the wetland area and buffer strip. This document shall also require that the deeds for lots #5, 6 and 7 allow the City access over them to access manholes 1 and 2 for maintenance. 9. No zoning permit for land development shall be issued for lots #1 and 2 until such time as an access easement is granted to the applicant for use of Indian Creek Drive to access lots #1 and #2. 10. Drainage pipe shall be plastic or concrete not metal. 11. Manholes shall be installed on a base of crushed stone. 12. As expressly represented by the applicant, the applicant shall fulfill the obligation to construct a sidewalk along the Dorset Street frontage pursuant to Sections 301 and 401.1(1) of the South Burlington Subdivision Regulations by paying to the City the sum of $11,160 ($15 per foot of frontage) on or before one year from date of final plat approval which funds shall be used by the City to construct sidewalk improvements along Dorset Street within one year of receipt of the funds. If City fails to construct such sidewalk improvements within one year, the funds shall be returned to the then property owners. C1(13. Any change to the plans shall require approval by the South Burlington Planning Commission. r4. The final plat plans shall be recorded in the land records Zithin 90 days or this approval is null and void. The plans shall be signed by the Planning Commission or Clerk prior to recording. 2 Memorandum - Planning June 11, 1996 agenda items June 7, 1996 Page 4 6) DAVID DUBRUL - 7 LOT SUBDIVISION - FINAL PLAT This project consists of subdividing a 4.76 acre parcel into seven (7) lots ranging in size from 19,002 square feet to 69,630 square feet. The preliminary plat for this subdivision was approved on 6/13/95 (minutes enclosed). The preliminary plat included a request to convert a two (2) family dwelling to a three (3) unit multi -family dwelling on lot #6. This request has been withdrawn. This property located at 1001 Dorset Street lies within the R2 District. It is bounded on the north by the Indian Creek entrance drive and a single family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east by Dorset Street. Access: Access to lot #1 and 2 will be via a 24 foot curb cut on the Indian Creek access Drive. Access to lots #3, 4, 5 and one (1) dwelling unit on lot #6 will be via a 24 foot curb cut on Dorset Street. Access to lots #6 and 7 will be via a 24 foot curb cut on Dorset Street. Applicant does not currently have access to lots #1 and 2 across Indian Creek Drive and can not develop these lots until the access issue to these lots is resolved as determined by the City Planner (condition #11 of the 6/13/95 preliminary plat approval). Indian Creek should grant a r.o.w. easement for lots #1 and 2. Lot size/frontage: The minimum lot size in this district for single family homes is 19,000 square feet with 100 feet of frontage. The minimum lot size for a two family dwelling is 22,000 square feet which is met by lots #4, 5, 6 and 7. The minimum frontage requirement of 100 feet is being met. Density: The maximum density allowed is 10 units based upon an earlier determination by the Planning Commission. Six (6) of the lots are proposed to be developed with single family dwellings and one (1) with a duplex. Sidewalk: The construction of a sidewalk was a requirement of the preliminary plat approval (condition #14 of the 6/13/95 preliminary plat approval). Both the applicant and Public Works Director recommended that the applicant pay a sidewalk fee to the City ($15 per foot of frontage) and the City will build the sidewalk. The City is currently building the sidewalk. 4 Memorandum - Planning June 11, 1996 agenda items June 7, 1996 Page 5 Wetland: This site contains a class III wetland which is shown on the plan with buffer strips. This wetland is not shown on the official wetlands map and is therefore not considered a protected wetland under the C.O. District. However, the Planning Commission does have authority to regulate wetlands under Section 417(g) of the subdivision regulations. No construction, fill, removal of vegetation or mowing of grass should be allowed within the wetland or buffer strip. The final plat shows the limits of the C.O. District for the minor stream as required by the preliminary plat approval. All structures must be kept out of this area. The applicant as part of the 6/13/95 preliminary plat approval was required to submit a "Notice of Condition" for review by the City Attorney which will require the deeds for lots #1 and #3 -7 to contain a provision prohibiting any construction, fill, removal of vegetation or mowing of grass within the wetland and buffer strip. This "Notice of Condition" should be recorded prior to recording the final plat. Sewer: The sewer allocation requested is 4895 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. Landscaping: The applicant is proposing 19 Maple trees along the property's frontage with an estimated value of $6600. Legal documents: In addition to the "Notice of Condition", the applicant should submit for review and approval by the City Attorney the legal documents for the widening of the Dorset Street r.o.w. (i.e., irrevocable offer of dedication) and easements (e.g.,�a, utility easement and sidewalk easement). Impact fees: The applicant should be aware that this development will be subject to road, school and recreation impact fees as required by the South Burlington Impact Fee Ordinance. Other: --- the subdivision plat and sheet C-1 should reflect the existing buildings on lot #6. These plans depict differences and they should be alike. --- it appears that a lot of fill was placed on the property since preliminary plat approval. It also appears that some of this fill was placed in the wetland buffer. This fill must be removed from the wetland. 0 PLANNING COMMISSION 13 June 1995 page 3 Members felt the plan 1(-)ked acceptable. 5. Public Hearing: Final Plat application of Lionel Sicotte to subdivide 70,192 sq. ft. of land with an existing duplex into two lots of 40,090 sq. ft. and 30,102 sq. ft., 44-46 Hinesburg Road: Mr. Perry said this is the same plan the Commission saw a month ago. One lot will front on Hinesburg Rd. and the other on Heath Street. One lot has the duplex, and other will probably have an- other duplex. The applicant got variances from the Zoning Board for the rear yard and for insufficient frontage. Mr. Austin noted the building envelope was not shown on the plan. Mr. Perry said the plan shows a 35 ft. setback north and south and a 10 ft. setback east and west and this is in conformance with the ordinance. Mr. Sheahan moved the Planninq Commission approve the final plat a lication of Lionel Sicotte to subdivide _70, 192 sq. ft._ of land with an existing duple_ x into i.,go lots of 40, 090 sq. , ft. and __.. 30,102 sq. ft., 44-46 Hinesburg Road, as depicted on a plan en- titled "Plat ofSurve Showin Pro osed Subdivision for Lionel R. Sicottein the City of South Burlington, Vermont," prepared by Harold Marsh dated May 6 1995f /� last revised 6/2 95 with the - -- - ...r-- ------ --- - ---- followia_stipulations: 1. All previous ._?provals and stipulations which are not su er- seded by this approval shall remain in effect. 2. A sewer allocation of 600 qpd is granted for lot #2. The d_evelo_per of this lot will be required to the.per qallon fee prior to issuance of a zoninq permit. 3. The final plat plan shall be recorded in land records within 90 days or th:'_s approval is null and void. The lan shall be si ned b the Planninq Commission Chairman or Clerk prior to recording. 4. A deed tranfe_r of o_o0ei:ty shall contain a -,ference to the Plannin(:^o inissi.oa Mocoval dated 6/13/95 and Zoning Board approval of 5�22 95. Mr. Teeson seconded. Moi..on passed��1�:Z.imou>>'.y� 6. Public Hearing: Preliminary Plat �q)plicatioa .-f David 1-13rul to 1) subdivide a 4.76 acre parcel into 7 lots ranging in si,(- from 19,002 sq. ft. to 69,630 sq. ft. and 2) ad -ling 1 dwelling unit to a 2-family dwelling on lot #6 to create a 3-unit multi- family dwelling, 1001 Dorset St: PLANNING COMMISSION 13 June 1995 page 4 Mr. DuBrul said he relocated some lots to comply with requirements for the multi -family lot. This also locates the sidewalk closer to Dorset Street and conforms with city require- ments. There has been a meeting with Indian Creek and ,an agree- ment is being worked out between attorneys. There will be a breezeway between i.he existing house and the garage building. There will be a one -bedroom apartment in the garage building. Mr. Weeith a:,?:.ed if the garage will be maintained for parking beneath the apartment. Mr. DuBrul said there will be parking inside the garage. Ms. Robenstein expressed several concerns: a. access for the 2 lots off the side road. Ms. Robenstein said this is a private right of way which they got the right to use in order to close up an ac::,ss on Dorset St. She noted that last year Indian Creek voted against giving access onto that road. Mr. DuBrul said their approval will read that the only way they can develop those lots is with a legal access. b. the additional curb cut on Dorset St. Ms. Robenstein noted that traffic has increased 100-fold due to the city park and other development. c. the sewer easement. d. dirt which is now being dumped into a natural watercourse so the sidewalk can be built. Mr. DuBrul said the sidewalk was redesigned to address 'that. There is a natural swale to take care of the runoff. He showed the route of drainage into the wetland. Mr. Weith said that with regard to the access, the City Attorney is comfortable that if Mr. DuBrul can't get an easement from Indian Creek, the matter can go to court because granting that access was a condition of Indian Creek's approval. Mr. Sheahan moved the Planning Commission a rove the reliminary �. �n2 u.�y...,.�.. - plat aDDlicationMof David DuBrul to subdivide a 4.76 acre arcel into seven lots ranging in size from 19,002 sg. ft. to 69,630 �a. ft. and 2 ) adding one 2-dwelling unit to a�two�famijX dwelling on o_#6 to create _a 3-_unit multi -family dwellin , 1001 Dorset S reet; .3s depicted on eight page set of plans, pale 2 entitled "Prelimilary Plat Seven Lot_ Subdivisi_o_n_y_Olde Dorset Owned by: David DuBrul_ 1001 Dorset �Stree -,.55Burlington, Ver- mont prepared by Vermont Land Surv�ors,dated Au_ust�5, 1990, PLANNING COMMISSION 13 June 1995 page 5 last revised 12 21/94 , with the followin gStipulations: 1. _All previous approvals and stipulations which arenot super- seded by this approval shall remain inW effect. - WW 2. Prior to issuance of any zonin permits, the applicant shall post a $6,600 landscape bond to cover the installation_ cost and value of all subdivision related landsca2pi2(j. Prior to the is- suance_ of a zoninq permit to convert the two family dwellinq to a three unit multi -family, the applicant shall post a $900 land- scape bond. The bond shall remain in effect for three ears to assure that the planted landscapinq has taken root and has�a ood chance of�survivin 3. Le al documents for the wideninq of Dorset_ Street (i.e� irrev- ocable offer of dedication) and easements ( e�utilit_y easement ) shall be submitted to the City Attorney for approval_and shall be recorded in the South Burlington land records prior to issuance of a zonin permit for lots 1-5 and 7. 4. A bond for the sewer line shall be posted prior to issuance of a zonin permit. The amount of the bond shall be approved by the City En ineer. 5. The Planning Commission approves a total sewer allocation of 4895 ppd:. The per.gallon sewer fee shall be paid prior to issu- ance of a zoning 2 rmit on a per bedroom basis. 6. In accordance with Section 301.5 of the subdivision reaula tions, within 14 days of completion�of required improvements (e.g, sanitary sewers), the developer shall submit -to -the -City -------------- En i�neer Las -built"_ construction drawings certified by a req- istered en ineer. 7. Prior to final _plat submittal, the subdivision plat shall be revised to show the followinlL a. metes and bounds for the shared driveways/r.o.w's 8. Prior to final lat submittal the en ineerin plans shall be revised to show the followin : a. The limits of the C.O. District for the minor stream b-. Landscaping, with a minimum value of $900 on lot #6 which shall include a plantin schedule c. Alternate li htin details which include downcastin_qand shielded fixtures. PLANNING COMMISSION 13 June 1995 page 6 d. A typical section for drives withparkinq areas e. Revise project descri tion to indicate that the existin two-familv dwellinq will be converted to a three -unit multi- family dwelling. f. A note added to indicate that the front yard setback along Dorset Street is measured from the ed e of the lanned r.o.w. 9 There shall be no construction, fill,_removal of vegetation or mowin of qrass within the wetland area or buffer stri as shown on the approved plat with the exce tion of constructin and main- tainin the sewer line as shown on the a roved lat. 10. The applicant shall submit a Notice of Conditions" for review and a royal b the Cit Attorneywhich will re wire the deeds to lot #1 and lots #3-7 to contain a ELovision rohibitin an construction fill removal of vegetation or mowin of grass within the wetland area and buffer strip. This document shall also re,quire that the deeds for lots #5, 5 and 7 allow the Cit access over them to access manholes 1 and 2 for maintenance. 11. No zonin ermit for land development shall be issued for lots #1 and 2 until such time as an access easement is qranted to the a licant for use of Indian Creek Drive to access lots #1 and 2. 12. Draina e i e shall be lastic or concrete not metal. 13. Manholes shall be installed on a base of crushed stone. 14. As ex resslv re resented b the a licant, the applicant shall fulfill the obli ation to construct a sidewalk alon the Dorset Street fronta e ursuant to Sections 301 and 401.1(1) of the South Burlin ton Subdivision Re ulations b a inq to the Cit the sum of $11,160 ($15 er foot of fronta e) on or before one ear from the date of final plat a roval which funds shall be used b the citV to construct sidewalk improvements alon Dorset Street within one Vear of receipt of the funds. If Cit fails to construct such sidewalk im rovements within one ear, the funds shall be returned to the then property owners. 15._. Th this a final plat plans shall be submitted within 12 months or roval is null and void. Mr. Teeson seconded. Motion assed unanimousl . City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 7, 1996 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, June 11, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. i Jo Weith, Ci v Planner JW/mcp Encls cc: Greg Bombardier vt < <n M a0\ � a Lu MARKET, INC, in In The Outlet Center W 516 Shelburne Road m So. Burlington, VT 05403 < (across from Sears) d• SAVE$$SSAVE$$$ SAVES$$SAVE$$SSAVE $$$ SAVE S$$_SAVE 21 V THE DICE VYS y T ore Hours: lay -Saturday n. to 9:30 p.m. 11:00 to 5:00 ter, So. Burlington, VT 64-0477 More Classifieds can be -found on page 9B, LEGAL NOTICES 1 INVITATION TO BID DEPARTMENT OF STATE BUILDINGS STATE OF VERMONT Roofing Contractors are invited to bid on the re- roofing of the Agency of Transportation District #5 Garage in New Haven, Vermont. Sealed Bids accompanied by proper Bid Security will be received, opened and publicly read aloud by the Department of State Buildings, at 2 Governor Aiken Avenue, Second Floor conference room, Montpelier, Vermont, until 2:30 p.m., Wednesday, June 19, 1996. Bonafide Bidders may obtain documents at the Department of State Buildings, Two Governor Aiken Avenue, Drawer 33, Montpelier, Vermont 05633-5801. There will be a pre -bid meeting at the site on Monday, June 10, 1996, at 9:00 a.m. John J. Zampieri Commissioner May 23, 24 & 25, 1996 NOTICE OF PUBLIC NEARING CONCERNING PROPOSED IMPROVEMENTS AT BURLINGTON INTERNATIONAL AIRPORT SO. BURLINGTON, VERMONT Notice is hereby given that the Burlington Airport Commission will hold a Public Hearing concerning proposed im- provements related to Runway 15-33 at the Bur- lington International Air- port. The Public Hearing will be held at 7:00 p.m. on Tuesday, June 25, 1996 on the 2nd floor terminal building Burling- ton Int'I Airport, 1200 Air- port Drive, So. Burlington, Vermont. The project is in- tended to improve Run- way 15-33 in order to meet Federal Aviation Ad- ministration guidelines and to improve operating conditions at the airport. The proposed im- provements consist of: in- stalling and Instrument Landing System (ILS) and approach lights to the Runway 33 end and ex- tending the Runway 33 safety area. The Public Hearing will afford interested per- sons, groups and agen- cies the opportunity for public consideration of the economic, social, and environmental effects of the proposed im- provements, and their consistency with goals and objectives of such Continued Next Column Beauty Aids Are In Groceries Are In ❑ Film — Kodak Is In 71 Greeting Card Store Is in 0 Pell Colace 30 caps 71 MId0132 caps Q Robitussin PE 8 OZ. L1 All cereals $1.50 per box No Further Discounts Mon. -Fri. 830 I.M. 7 p.m., Sat. 830 o.le: 6:00, Sae. 930�S:00 Rte. 2 East, Williston, VT (802) 864-4498 LEGAL NOTICES 1 planning as has been car- ried out by the commu- nities. Any person wishing to submit information re- 4"ng-to this matter may appear at the Public Hear- ng and make an oral statement or present writ- ten material. Although not manda- tory, those intending to make oral presentations are requested to notify the City in advance of the Hearing by Friday, June 21, 1996 in writing or by telephone to Robert McEwing, Airport Engi- neer, Burlington Interna- tional Airport, 1200 Airport Drive #1, South Burlington, Vermont 05403. Telephone (802) 863-2874. Written statements and other exhibits relating to this matter will be in- corporated into the notes of the Hearing provided such statements or exhib- its are submitted to the above address prior to Thursday, July 11. 1996. Such materials may be submitted by any inter- ested party whether or not such party part ici- rates in the Public Hear- 9. The City of Burling- ton is required pursuant of FAA Order 1050A D and Section 102(2)(c) of the National Environmen- tal Policy Act of 1969, to prepare an Environmental Assessment report relat- ing to the proposed pro- ject. Additional information not in Final Draft report relating to archaeological resources will be presented at the Hearing. This assessment report has been prepared by consultants to the City and will be available for public review from May 24, 1996 to July 9, 1996 at the following locations: Airport Manager's Office - Burlington inter- national Airport, Chitten- den County Regional Planning Commission and City Offices of South Bur- lington, and Winooski and Town Offices of Williston and Richmond. John J. Hamilton Director of Aviation May 25 & 27, 1996 PUBLIC NEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, June 11' 1996 at 7:30 p.m. to consider the following: 1) Revised final plat appli- cation of EXP Golfco, Inc. to amend Phase lA of a planned residential devel- opment consisting of 191 single family lots and 40 mutt -family units, and an 18 hole golf course, on approximately 452 acres of land, Dorset Street. Phase 1A consists of the 18 hole golf course, in- cluding clubhouse, main- tenance buildings, and landscaping. The pro- posed amendment to Continued Next Column LEGAL NOTICES 1 Phase 1A consists of for- mally subdividing the golf course parcels from the residential areas of the development. 2)Final plat application of David Dubrul to subdivide a 4.76 acre parcel into seven (7) lots ranging in size from 19,002 square feet to 69,630 square feet, 1001 Dorset Street. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman South Burlington Planning Commission May 25, 1996 REQUESTFOR PROPOSAL -TOWN OFCOLCHESTER UNLEADED GASOLINE, DIESEL AND HEATING OIL The Town of Colchester is requesting seated bids from qualified wholesale gas/fuel dealers to pro- vide unleaded gasoline. diesbi #2 and heating oil to the Town for the period of Julyy 1, 1996 through June 30, 1997. Copies of specifications and bid forms can be obtained at the Colchester Town Of- fices located at 172 Bla- kely Road, Colchester, Vermont 05446. Please direct any ques- tions to Bryan K. Os- borne, Director of Public Works at 655-0811. May 25, 26, 27. 1996 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Reeggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, June 10, 1996 at 7:OOP.M. to consider the following: 1) Appeal of Neil and Di- ana Cone seeking appro- val from Section 25,117 ZAlteration of existing grades (sub section B filling) of the South Bur- lington Zoning regula- tions. Request is for permission to fill an area 8'x 130' (approximately 1600 cubic yards) to the rear of an existing build- ing located at 10 Palmer Court. 2) Appeal of Burlington Tennis Club, Greg Peters agent seeking approval from Section 12.20 Condi- tional uses sub section 12.20 Conditional uses sub section 12.202 Out- door Recreational facility of the South Burlington Regulations. Request is for permission to con- struct two paddle ball courts in conjunction with existing tennis courts at the Burlington Tennis Club, located at 12 East Terrace. 3) Appeal of Lee Zachary, Continued Next Column LEGAL NOTICES Norman Smith agent ap pealing a decision of th Administrative Officer re garding a ruling that tw -existing small, lots have mergetl by, virTue 617'a encroachment located a the Merchant! 'Bank,'b White Street, 4) Appeal of Tom and Jil Glaser seeking approve from Section 15.20 Condi tional uses sub -section 15.213 bakery and delica tessen restaurant of th South Burlington Zoning Regulations. Request i for permission to operate a bakery and delicatessen restaurant (no seats) with in a 8200 square foo mixed use building also requesting a permit fo various permitted an conditional uses (Section 26.65 Multiple uses) on lot containing 36,54 square feet, located a 3073 Williston Road. 5) Appeal of Mery Brow & Lori Sullivan seeki approval from Sectio 10.20 Conditional use sub -section 10.202 adul day care centers of th South Burlington Zonin Regulations. Request i for permission to operat an adult care center (24 square feet) in conjun tion with general offic use located at One Karl nedy Drive. Plans are on file with th South Burlington Plannin and Zoning Office, Ic cated at City Hall, 57 Dorset Street, South Bu lington, Vermont. Richard Ward Zoning Administr tive Officer May 25, 1996 VERMONT ENVIRONMENTAL BOARD 10 V.S.A. 6001 et seq. NOTICE OF FILING Of PETITION FOR DECLARATORY RULING AND ACT 250 NOTICE OF PREHEARING CONFERENCE 1 e 0 nl t 0 I i e s t r d a 0 It n ng n s t e 9 s e 00 c- e - e 9 41 Declaratory Ruling Request #322 RE: Burlington Broadcast- ers, Inc. d/b/a WIZN by John P. Cain, Esq. Special Counsel McCormick, Fitzpatrick, Kasper & Burchard, P.C. PO Box 638 Burlington, VT 05402 AND Declaratory Ruling Request #323 RE: NYNEX Mobile Lim- ited Partnership 1 d/b/a Bell Atlantic NYNEX Mobile by Jon Anderson, Esq. Burak & Anderson Counsellors at Law PO Box 64700 Burlington, VT 05406- 4700 On April 25, 1996, Bur- lington Broadcasters, Inc. d/b/a WIZN, ("WIZN") through its attorney, John P. Cain, Esq., filed a peti- tion for a declaratory ful- ing (WIZN ' Petition) with the Environmental Board Continued Next Column SAM'S Cn. LEGAL NOTICES 1 appealing jurisdictional opinion #4-116 from the District #4 Environmental Commission ("Commis- sion-), The WIZN Petition Tcobcerns whether or"not tPct 250.1 applies- 14„van existing 11 -toot �0Wb transmission' tower 'bn a three -acre portion of a seventeen -acre parcel of land leased by WIZN and owned by Charlotte Fire and Rescue on Pease Mountain in the Town of Charlotte, Vermont. On April 26, 1996, NYNEX Mobile Limited Part- 3 nership 1, d/b/a Bell At- lantic NYNEX Mobile, ("BANM") through its at- torney, Jon Anderson, Esq. filed a petition for a declaratory ruling with the d Environmental Board rela- tive to the same jurisdica- tional opinion. P The Chair has determined that the issues in each of these peitions are suffi- i 1 ciently similar to hold a Ip single prehearing confer- Dg ence. The Board, none- theless, reserves the )p option to hold separate public hearings on each Declaratory Ruling re- quest should that course be deemed necessary. The Chair: of the Board, or its duly authorized del. - gate, will, meet with the parties or their represen- tatives ai a prehearing` conference on Monday, June 10, 1996, at the Na- tional Life Records Center Building , Conference Room, IRK), National Life Drive, Montpelier, Vermont (Exit 8- Off 1-89_ onto Memorial Drive, make a right at the first set of lights onto National Life Drive). , Those persons ?eeking to participate gs parties it the hearing should attenc the prehearing conference and should be prepare( to identify issues in con troversy and propose( witnesses and exhibits tc be presented. Nonstatuto ry parties seeking to par ticipate shall also fill written petitions for part status no later than th, date of the conference they seek to participate Any such petitions she conform with the Enviror mental Board Rules. Those who are not able t attend the prehearin conference (includin "statutory" parties) shout notify the Board in writir by Friday, June 7, 199- of their intention to al pear at the public hearin the issues they intend address and the w nesses and exhibits the intend to present. AI nonstatutory party wl does not so notify , tl Board or appear at tl prehearing : conferen shall be deemed, with( a demonstration of go cause to the contrary,, have waived all rights, further notice. Dated at Montpelier, V mont this 24th day May, 1996. Joseph M. Minadeo,-7 sociate General Couii Environmental Board, East State Street, Dray 20, Montpelier, VT 056 3201 (Tel: 80Z828-330 May 25, 1996, SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 16, 1996 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans no later than Friday, May 31, 1996. If you have any questions, please give me a call. Sin ely, ' . a Ra and J. Belair, Zoning and Planning Assistant RJB/mcp Encls: cc: Greg Bombardier To: Applicants/Projects F'les From: Raymond J. Belairf Zoning and Planning Assistant Re: Preliminary Comments, June 11, 1996 agenda items Date: May 16, 1996 CUPOLA GOLF COURSE, INC., - 6 LOT SUBDIVISION - SKETCH PLAN --- the two (2) boundary lines of the 3.2 acre parcel which were dissolved as part of the boundary line adjustment should be removed. --- the plan does not correctly depict the C.O. District as interpreted by staff and as shown on the zoning map. C.O. District is 150' wide to the point where the ramp extends beyond the 150'. At that point the C.O. District transitions to 50' along the ramp. --- indicate acreages for lots #3A, 3B, and 4. --- applicant should consider reconfiguring the lots to coincide more closely with the zoning boundaries. --- a traffic impact analysis should be submitted with the preliminary plat. --- one of the conditions of approval for Horizon Heights required that the Quarry Hill Road "be fully upgraded to city design and construction standards in the event of: a) additional subdivision, or b) substantial further development." Another condition of this project was "that further development of the 28 acres zoned commercial shall not have access through the residential neighborhood." The lot for Horizon Heights was subdivided from the property which is the subject of this application. --- lots #3A and 3B should be numbered as separate lots since a public road will divide this land into two (2) separate lots. DAVID DUBRUL - 7 LOT SUBDIVISION- FINAL PLAT --- the final plat should show the metes and bounds for the shared driveways/r.o.w.'s (preliminary plat condition 7a). --- the final plat plans should be revised to include the revisions required by preliminary plat condition 8 a-f. --- show the parking spaces for the multi -family dwelling on lot #6 as was shown on the preliminary plat, or submit letter indicating that a multi -family structure is no longer being proposed. May 16, 1996 Page 2 --- provide size of proposed. --- it appears that a preliminary plat fill was placed removed from the proposed dwelling unit if still being lot of fill was placed on the property since approval. It also appears that some of this in the wetland buffer. This fill must be wetland. CENTURY PARTNERS, L.P. - REVISE BUILDING "B" - REVISED FINAL PLAT --- staff does not support the proposed redesign of Building B. Condition 11 of the 2/20/96 approval requires the east side of the building to be designed in an attractive manner recognizing that it fronts on a future public r.o.w. Proposing loading docks along the east sides is not in conformance with this condition. Also, an internal connection to Mary Street extension should be maintained. Providing this internal connection is one important reason why the City was willing to forgo condemnation of the Dorset Street - Mary Street connector road shown on the Official Map. Staff suggests that loading areas be provided along the north side of the building and/or directly from and within the Mary Street r.o.w. during certain hours. --- the two (2) parallel spaces at the southeast corner of building "B" should be at least 22 feet in length. --- show screened dumpster location if any. --- submit revised landscaping plan reflecting proposed site modifications. JOHN LARKIN, INC. - ADD SINGLE FAMILY DWELLING - SKETCH PLAN --- show existing easements on the property. --- the proposed dwelling is located within the PRD perimeter setback. Section 26.154(d) of the zoning regulations prohibits structures within the PRD perimeter setback. --- it appears that it will be required to place fill in the 50' conservation district. This is not allowed. _7 May 9, 1996 Page 2 OLD DORSET - DORSET STREET 1. Some filling and drainage work have been completed along Dorset Street in coordination with the City. A sum of $11,000 will be paid by the developer for construction by the City, of the sidewalk along Dorset Street. 2. House sewer connections to the 8 inch main may be tees instead of y branches. 100 DORSET STREET COMPLEX - DORSET STREET 1. Corrugated metal pipe should not be used. 2. Site plan prepared by Trudell Engineering dated 10/31/95 with latest revision dated 1/6/96 is acceptable. M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for June 11, 1996 Agenda Date: April 17, 1996 I have reviewed the following site plans and my comments are as follows: 1. Gracie's Store Dated 3/11/96 Hinesburg Road Acceptable 2. Quarry Hill Club East Terrace Acceptable 3. 100 Dorset Street Complex Acceptable 4. John Larkin Property Keari Lane Acceptable 5. Old Dorset 1001 Dorset Street Acceptable Project No. 9607 Dated 4/12/96 Dated 4/15/94 Project No. 94022-58 Dated 4/18/96 Dated 4/17/96 No Text 4�; ��` , -- % ;�a - - 'I- CA44- A4A(-t�. Subdivision Application FINAL PLAT -Z�l ;5- 1) Name of Applicant 2 ) Name of Subdivision t 3) Indicate any change to name, address, or phone number owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary application of plat 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: S) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and cfntaining all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft c pies of all legal documents required under Section 2QZQ (11) and (12) of the subdivision regul tiortl for minor sudivision and under Section 204.1(b) for major subdivi ion. (Signature) applicant or contact person Date oa)(Nqls NATURAL SURVEILLANCE - The placement of physical features, activities and people in such away as to maximize visibility, e.g., the lighting of public places and walkways at night. NATURAL ACCESS CONTROL - The physical guidance of people coming and going from a space by the judicial placement of entrances, exits, fencing, landscaping and lighting. TERRITORIAL REINFORCEMENT - The use of physical attributes that express ownership, such as fences, pavement treatments, art, signage and landscaping. MAINTENANCE - Allows for the continued use of a space for its intended purpose. Serves as an additional expression of ownership. Prevents reduction of visibility from landscaping overgrowth and obstructed or inoperative lighting. SITE: 1001 DORSET ST., "OLDE DORSET" ADVANTAGES DISADVANTAGES RECOMMENDATIONS ACCESS ACCESS IBLE-EACII RESIDENCE NO LIGHTING APPARENT, HARD TO LOW WATTAGE, BELOW EYE LEVEL LIGHTS EASILY VIEWED FROM ROAD. OBSERVE OUTSIDE FROM INSIDE AT ENTRANCES RESIDENCE LIGHTING NONE NO LIGHTING AT THIS 'TIME. INSTALL BELOW EYE LEVEL LIGHTING REDUCES TIME THAT OUTSIDE ALONG DRIVEWAYS. AREAS CAN BE USED. ALLOWS COVER FOR ABNORMAL USAGE. LANDSCAPE TREES AESTHETICALLY PLEASING. TREES MAY INHIBIT SURVEILLANCE PLANT LITTLE LINDEN.. PROVIDES NATURAL SURVEILLANCE UNTIL FULLY GROWN. NORWAY FROMM ROAD AND BETWEEN HOMES MAPLE HARD TO GROW GRASS UNDER. PROPERTY NONE PROPERTY LINES HAVE NO LOW SHRUBS, SPACED TO DEFINE PRO - DEFINITION DEFINITION AND PROVIDES FOR PERTY LINES. ABNORMAL USAGE (DWARF-WINGEVONYMUS, PLUMCSA ANDORRA JUNIPER) WEST SIDE AESTHETICALLY PLEASING, EASY ACC" -'SS FROM RIDGEWOOD PLACE MID SIZE SHRUBS IN HEDGE ALONG PROVIDES PRIVACY. ON FOOT. NO BARRIERS. ALLOWS WEST BOUNDARY. ABNORW1 USAGE. IE: WINTERGREEN BARBERRY (SPINES) EAST SIDE AESTHETICALLY PLEASING SIDEWALK TOO CLOSE TO ONE STREET LIGHT(S) AT THAT ONE HOME. TREES PROVIDE FOR NATURAL RESIDENCc ALLOWING FOR AN SURVEILLANCE AND BOUNDARY. ABNORMAL USER TO BE THERE. SIDEWALK PROVIDES FOR SIDEWALK DEAD ENDS, WILL NOT SURVEILLANCE BY PEDESTRIANS. BE USED. NORTH SIDE EXCEPT FOR SIDEWALK, SAME AS NONE NONE EAST SIDE. SOUTH SIDE TEMPLE BORDERING ON THIS SIDE NONE NONE WITH OPEN NATURAL SURVEILLANCE. ABNORMAL USAGE DIFFICULT. GEORGE D. FON, PTL. SBPD FAX 658-4748 Town PLANNER 658-7955 July 13, 1995 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project preliminarily approved by the Planning Commission on June 13, 1995. Please note the conditions of approval including the requirement that the final plat plans be submitted within twelve (12) months or this approval is null and void. If you have any questions, please give me a call. Sincerely, 66 dam Joe Weith,M City Planner JW/mcp 1 Encl �Q .r +~�O Town ruFFw Vl] I lJ1V, V C FAX 658-4748 PLANNER 658-7955 July 13 , 1995 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the June 13, 1995 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat be submitted within twelve (12) months. If you have any questions, please give me a call. Sincerely, Joe WeithIAM City Planner JW/mcp 1 Encl I �j919( Fn LA r' A�INY� / � n \\ '�_ r r � / ^' \:_/ / 9B JmNV•Gro- z y N p V N r�, O=00N 00 � .2m Z f• r' r' r r ,n 1. No ci N i i a or +-Vrq r m o m \�\�\ l 1 T 0 oy s sz 0 0 > l\ m a l m z zI l I � OK 1pp.3t ! U r 1 v L O 1 \J x� py a � p D � w l � Q, a a , b- ,•� � � j? C� r` n a �r ,r i1'• �•'J \ .Nei° a r• � /� I ��'� �7 ,r; l \\ � y7g / I \ \ / �� 4 yy±± • (#(#pp 7g$$RR�� C q 04 a /0 ass - cu ee 1 fO ;F Y 8 • }yr!1 10 C G �_ $ 9.8 a pp + � yQPPP D W1 WIN 6 gp� •�(y// \ ,� pry Cp<84 = 0 Z 121� q� 4�7 � '� c 01 ;PIN !XX �l a rn a37 4 D m > r a gg LD � aUP z � 4 S O 9 o G ym OLDE DORSET SITE PLAN 1001 DORSET STREET SOUTH BURUNGTON, VERMONT CHAMPLAIN CONSULTING ENGINEERS 120 PRIM ROAD, P.O. BOX 453 P COLCHESTER, VERMONT 05446 (802) 863-0060 802 884-1078 FAX ttf" � a A 11 ' m r� U i Memorandum - Planning June 13, 1995 agenda items June 9, 1995 Page 3 5) LIONEL SICOTTE - 2 LOT SUBDIVISION - FINAL PLAT This project consists of the subdivision of a 1.61 acre parcel with a two (2) family dwelling into two (2) lots of 0.91 acres (lot #1) and 0.69 acres (lot #2). Access: Access to lot #1 is via an existing driveway to Hinesburg Road serving the existing two (2) family dwelling. Access to lot #2 will be via a driveway to Heath Street. Plat should show an access easement across lot #2 to the Blanchette and Brown properties with metes and bounds if the applicant wishes to provide a legal access to these two (2) properties. Lot size/frontage: Lot #1 will meet the 12,000 square foot minimum lot size requirement for a two (2) family dwelling. Lot #2 will meet the 9,500 square foot lot size requirement. Neither of the proposed lots meet the 100 foot frontage requirement along Hinesburg Road nor the 80 foot frontage requirement along Heath Street. The ZBA on 5/22/95 granted the applicant a variance from the frontage requirements. Setbacks: The proposed boundary line between lots #1 and #2 must be at least 30 feet from the two ( 2 ) family building and the garage to meet the rear setback requirement. The ZBA on 5/22/95 granted a variance from this requirement. Sewer: The sewer allocation being requested for lot #2 is 600 gpd. The sewer allocation fee will be required to be paid prior to permit issuance. Impact fees: The applicant should be aware that road, school and recreation impact fees will be assessed for any development on lot #2. 6) DAVID DUBRUL - 7 LOT SUBDIVISION - PRELIMINARY PLAT This project consists of: 1) subdividing a 4.76 acre parcel into seven (7) lots ranging in size from 19,002 square feet to 69,630 square feet, and 2) adding one (1) dwelling unit to a two family dwelling on lot #6 to create a multi -family dwelling. The preliminary plat for this subdivision was approved on 4/26/94 and 3 Memorandum - Planning June 13, 1995 agenda items June 9, 1995 Page 4 due to some significant changes to the lots a sketch plan review on the changes was held on 1/24/95 (minutes enclosed). This property located at 1001 Dorset Street lies within the R2 District. It is bounded on the north by the Indian Creek entrance drive and a single family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east by Dorset Street. 7-Lot Subdivision: Access: Access to lot #1 and 2 will be via a 24 foot curb cut on the Indian Creek access drive, access to lots #3, 4, 5 and one (1) dwelling unit on lot #6 will be via a 24 foot curb cut on Dorset Street and access to lots #6 and 7 will be via a 24 foot curb cut, on Dorset Street. Applicant does not currently have access to lots #1 and 2 across Indian Creek Drive and can not develop these lots until the access issue to these lots is resolved as determined by `k the City Planner (condition #13 of the 4/26/94 preliminary plat approval). Indian Creek should grant a r.o.w. easement for lots #1 and 2. The final plat should show the easements for the shared accesses including the metes and bounds information. Lot size/frontage: The minimum lot size in this district for single family homes is 19,000 square feet with 100 feet of frontage. The minimum lot size for a two family dwelling is 22,000 square feet which is met by lots #4, 5 and 7. The minimum lot size for a three (3) unit multi -family dwelling is 1.5 acres with 17- feet of frontage. These minimum requirements are being met. Density: The maximum density allowed is 10 units based upon an earlier determination by the Planning Commission. Five (5) of the lots are proposed to be developed with single family dwellings and one (1) with a duplex. The applicant is adding a third unit to lot #6. Sidewalk: The construction of a sidewalk was a requirement of the preliminary plat approval (condition #12 of the 4/26/94 preliminary plat approval). Both the applicant and Public Works Director recommended that the applicant pay a sidewalk fee to the City ($15 per foot of frontage) and the City will build the sidewalk. 4 Memorandum - Planning June 13, 1995 agenda items June 9, 1995 Page 5 Wetland: This site contains a class III wetland which is shown on the plan with buffer strips. This wetland is not shown on the official wetlands map and is therefore not considered a protected wetland under the C.O. District. No construction, fill, removal of vegetation or mowing of grass should be allowed within the wetland or buffer strip. The preliminary plat should show the limits of the C.O. District for the minor stream. All structures must be kept out of this area. The applicant as part of the 4/26/94 preliminary plat approval was required to submit a "Notice of Condition" for review by the City Attorney which will require the deeds for lots #1 and #3 -7 to contain a provision prohibiting any construction, fill, removal of vegetation or mowing of grass within the wetland and buffer strip. This "Notice of Condition" should be recorded prior to recording the final plat. Sewer: The sewer allocation requested is 4895 apd. The applicant will be required to pay the per gallon fee prior to permit issuance. Landscaping: The applicant is proposing 19 Maple trees along the property's frontage with an estimated value of $6600. Legal documents: In addition to the "Notice of Condition", the applicant should submit for review and approval by the City Attorney the legal documents for the widening of Dorset Street (i.e. irrevocable offer of dedication) and easements (e.g., utility easement and sidewalk easement). Impact fees: The applicant should be aware that this development will be subject to road, school and recreation impact fees as required by the South Burlington Impact Fee Ordinance. Multi -family dwelling on lot #6: This development request also includes site plan review to convert a two (2) family dwelling to a three (3) unit multi -family dwelling. The additional dwelling unit will be added by constructing a breezeway between the main building and a detached garage and converting a portion of the garage to a dwelling unit. The following comments pertain only to lot #6. 5 Memorandum - Planning June 13, i995 agenda items June 9, 1995 Page 6 Access/circulation: Access to two (2) of the units will be via a shared access with lot #7 and the other dwelling unit's access will be via a shared access across lot #5. Circulation is adequate. Coverage/setbacks: Building coverage is 7.2% (maximum allowed is 20%). Overall coverage is 13% (maximum allowed is 40%). The structure being converted does not meet the front setback requirement and is therefore a non -complying structure subject to Section 26.002 of the zoning regulations. The ZBA previously granted a variance to allow this structure to be expanded beyond the 35% maximum allowed. Parking: A total of six (6) parking spaces is required and six (6) spaces including two (2) handicapped spaces are being provided. A bike rack is being provided as required under Section 26.253(b) of the zoning regulations. Landscaping: The minimum landscaping requirement, based on building costs, is $900 which is not being met. The final plat *es� plans should include a landscaping plan for the lot which meets the minimum requirement. A planting schedule should also be included. Lighting: Exterior lighting details indicate that fixtures will not be downcasting and shielded. Applicant should submit details of alternate fixtures prior to final plat which meet this requirement. 7) KENNETH SMITH - INDUSTRIAL/COMMERCIAL BUILDING - SITE PLAN This project consists of the construction of a 25,000 square foot building for a multiple of commercial and industrial uses for 10 tenants on two (2) lots which will be merged into one (1) lot. The ZBA on 6/12/95 will consider the applicant's request for a conditional use permit for the multiple use of the building. This property located at 49 and 53 Commerce Avenue lies within the IC and CO Districts. They are bounded on the east and west by undeveloped lots, on the south by undeveloped property and on the north by Commerce Avenue. Preliminary Memo - City Engineer June 13, 1995 agenda items June 5, 1995 Page 2 OLDE DORSET (DUBRUL DEVELOPMENT) - DORSET STREET 1. Drainage pipe shall be plastic or concrete not metal. 2. Manholes shall be installed on a base of crushed stone. 3. A typical section for drives with parking areas should be shown. 4. The thickness of concrete sidewalk shall be 5 inches and 8 inches at driveways. PLANNING COMMISSION 24 JANUARY 1995 PAGE 10 or this approval is null and void. 9. The applicant shall obtain a Certificate of Occupancy/Compli- ance from the Administrative Officer prior to use of the new office space. 10 Any change to the site plan shall require approval by the South Burlington Planning Commission. Mr. Sheahan seconded. Motion passed unanimously. Mr. Crow rejoined the Commission. 7. Sketch Plan application of David DuBrul to 1) subdivide a 4.76 acre parcel into 7 lots ranging in size from 19,002 sq. ft. to 69,630 sq. ft. and 2) adding one dwelling unit to a 2-family dwelling on lot #6 to create a 3-unit multi -family dwelling, 1001 Dorset Street: Mr. DuBrul said the dwelling will be added in the barn on the lot duplex _ l �. 1 � � J � G with his homestead. One other lot will have a duplex instead o a single family home. Access will be the same as previously proposed. Mr. DuBrul said he will soon be speaking with Indian Creek on that access. The Post Office has already approved the relocation of the mail boxes. Mr. Weith asked if the two units on lot #6 will be connected. Mr. DuBrul said they would be enclosed by a breezeway. Mr. DuBrul said there will be just one unit upstairs in the barn building. Mr. Burgess noted the final drawing must show the connection between the two buildings. 8. Site plan application of Investors Corporation of Vermont to change the use of a 38,137 sq. ft. building from office/warehouse to office and light manufacturing/research and development/ware- house use. The new use will include 15,000 sq. ft. of general, office use and 23,137 sq. ft. of light manufacturing/research and development/warehouse use. Also included with this application is a request for site modifications, 21 Gregory Drive: Ms. Gregory said they got approval for a spec building. They now have tenants, so the use has changed. Mr. Burgess noted that the applicant had already changed the use without approval. Ms. Gregory said they have scaled back one island and increased another. Evergreens will break up the size of the building. They added a concrete pad in back to hold a tank required by a tenant. The plan accurately shows a snow storage area and curbing at the exits. There are 111 parking spaces. 100 are required. The modifications result in an additional 2.5 trip ends. wm 6/13/95 �'•�b, )r. i. ��,f VYy 7iJ T 'ry��flY' 1 � � F MOTION OF APPROVAL DAVID DUBRUL I move the South Burlington Planning Commission approve the preliminary plat application of David DuBrul to subdivide a 4.76 acre parcel into seven (7) lots ranging in size from 19,002 square feet to 69,630 square feet, and 2) adding one (2) dwelling unit to a two family dwelling on lot #6 to create a 3 unit multi -family dwelling, 1001 Dorset Street, as depicted on an eight (8) page set of plans, page 2 entitled "Preliminary Plat Seven Lot Subdivision, Olde Dorset, Owned by: David DuBrul, 1001 Dorset Street, So. Burlington, Vermont" prepared by Vermont Land Surveyors, dated August 5, 1990, last revised 12/21/94, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Prior to issuance of any zoning permits, the applicant shall post a $6,600 landscape bond to cover the installation cost and __�.l__ —L I —__L-1'--'—'-- �_l.a. �..7 l..—_3—�.._-1-- T—: 1— 1L value UL all subdivision related LU11UZ:>UaP.L11Y. rL1VL UU 1.11C issuance of a zoning permit to convert the two (2) family dwelling to a three (3) unit multi -family, the applicant shall post a $900 landscape bond. The bonds shall remain in effect for three (3) years to assure that the planted landscaping has taken root and has a good chance of surviving. 3. Legal documents for the widening of Dorset Street (i.e. irrevocable offer of dedication) and easements (e.g., utility easement) shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to issuance of a zoning permit for lots 1 - 5 and 7. 4. A bond for the sewer line shall be posted prior to issuance of a zoning permit. The amount of the bond shall be approved by the City Engineer. 5. The Planning Commission approves a total sewer allocation of 4895 gpd. The per gallon sewer fee, shall be paid prior to issuance of a zoning permit on a per bedroom basis. 6. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of required improvements (e.g., sanitary sewers), the developer shall submit to the City Engineer "as -built" construction drawings certified by a registered engineer. 7. Prior to final plat submittal, the subdivision plat shall be 1 revised to show the following: a) metes and bounds for the shared driveways/r.o.w.'s. 8. Prior to final plat submittal, the engineering plans shall be revised to show the following: a) The limits of the C.O. District for the minor stream. b) Landscaping, with a minimum value of $900, on lot #6 which shall include a planting schedule. c) Alternate lighting details which include downcasting and shielded fixtures. d) A typical section for drives with parking areas. e) Revise project description to indicate that the existing two (2) family dwelling will be converted to a three (3) unit multi -family dwelling. f) A note added to indicate that the front yard setback along Dorset Street is measured from the edge of the planned r.o.w. 9. There shall be no construction, fill, removal of vegetation or mowing of grass within the wetland area or buffer strip as shown on the approved plat VI -e,�4 c4-r- Gv� i ,, Y 10. The applicant shall submit a "Notice of Conditions" for review and approval by the City Attorney which will require the deeds to lots #1 and lots #3 - 7 to contain a provision prohibiting any construction, fill, removal of vegetation or mowing of grass within the wetland area and buffer strip. This document shall also require that the deeds for lots #5, 6 and 7 allow the City access over them to access manholes 1 and 2 for maintenance. o ' 11. No zoning permit for land dvelopmEsua_to- t shall be issued for lots #1 and 2 until such time as the accessIndian Creek Drive` ...from the"-_-lo-ts a-as-Qe e m ned bT--the fit•, v � - 12. Drainage pipe shall be plastic or concrete not metal. 13. Manholes shall be installed on a base of crushed stone. 14. As expressly represented by the applicant, the applicant shall fulfill the obligation to construct a sidewalk along the Dorset Street frontage pursuant to Sections 301 and 401.1(1) of the South Burlington Subdivision Regulations by paying to the City the sum of $11,160 ($15 per foot of frontage) on or before one year from the date of final plat approval which funds shall be used by the City to construct sidewalk improvements along Dorset Street within one year of receipt of the funds. If City fails to construct such 2 sidewalk improvements within one year, the funds shall be returned to the then property owners. 15. The final plat plans shall be submitted within 12 months or this approval is null and void. 3 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 9, 1995 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, June 13, 1995 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. S' rel Jo Weith, Cit Planner JW/mcp Encls REVISIONS BY 1/31/95 - 1 " CJB Qj 5/6/95 R '.G G.6 COYKNIS YRIGHT ©1994. 1995 0II1" OMOLIN DMID5 ALL RIGHTS RESERVED m Qi w w z 0 z w c5 z E- a z 0 U z_ a x U E- W ul O Q W Q O DRAWN 14 lRB GJ8 xu.e NOTED 0- 3/25/94 94102 CM2 ar 8 SHeeTa YBR YAW �1nN. sal u PYc sArArMr sEwm YYz canNEE ro Merowrr wE • wN. saPE . 1/A• PER Fr. ETO To a PE.ur.® wTN A .• PN; w/IERPWG AEp YMxEp 7 x .• aowm EXRMOv1G FRaY SEwEIE ro e' (i) AeOYE T1MSH P 12 ,rr•a 43•E1DOw LAN r N. mn ,3 PYa / SAIATMY 5£YEIE 5£RNCE YrfM Y:W III I T,IIJII�Ir- a. ELEVATION SEWER SERVICE DETAIL N.T.S. RY EIFV. Pf; 91E PlM 1£BArta l£2M AYE AND GRAZE $lLv4 ro Ar • t/.' PFw rt. (YM.) C<x1R36 (YN.)r e cawsEs ryAz) iED NAmo1m sraa air Ya1TM rYWE . 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PAYED FlN191 aACE (1• ./- PAY T PArol ro 11Ara EDS ro L YAY !E YAm DwECnT DUCTAF ' mow Gi° M uNnAYED A—) Q SECIIDN Mal Pn4 wM 0111FA PP+FF USE EIINEA i S. A NET iRENa SNYt BEA oEw4TpED Pwon UUSS BUSE•1G p1 LEY OOUBIErSiRMm S 8 ro-TAu1NG eED0;16. SE11vA'Z aAA1P � D • FnR cRvslm sTac _ i — ' Fm sao wsrAu A J - n1aaAAaY caPACED sAw, FGp 0.1. PIPE CRUSNFD S1UE + I � NEIX .� AaE wa awR Ro; Ol - fRAOFD fWO - •/.--/.- Ftli PK IR I '14' ale N� PPE A; A[awm (• E6' SIOIE AMO SYe] SEAL FUI NroRE W1INECTIUI NO SEANCE llllE wSTALLID - \�... +SNoxN `... uNd3'l1IRRED Sa; urnsnwxa m a Rao'. yr PLAN • CVPORArNw stop (-3"� (YPICAL tRENCH DETAIL - A WATER SERVICE CONNECTION N.T.S. CUE t SEK -T- YAAEwI{E MSTALL RE%Bi wArERnar caNlccrlw NEw r UA son-u sKArMr sEwER YAN SECTION A -A JUN0 8 1995 City of So. Burlington CUE ANO SEK EAI 1 WSTALL Boor M AC T NEW r qA sMMr PIER YAW wpW W (EfOS1NG) . • F]E•E. l.zr NEw r aA ap0$i,Y"�r° SOR T SMMY YWEM RE-FDRY CUICRETE sWEn YWY A eo1a1 N E]eSTe1G u.-s AFTEM NsrAuwnol A 6 rEIY r dA 5a1-]S TIC ROW W FMOY W W. - Wv. SENFM YAN • fliV. lA27 E]e3rNa W-S ADJACENT ro eA;M U®c aeVE RW • ElEv. lAe.v N • uEv. u2r ran. wr • aEv. l.20 p - UIa1T EWS we GRAM Y . t REUMED g� —N,vDW WT (Ex51W0) .. F1FJ. ]A2d PLAN — "OIL- 7 MH-5 CORING DETAIL N. T.S. 11mmx10 ■m Eun;eE - . to PEIE ram v oa•Am tAEc PplmfT r tmrT YK ao•wA;aE UEFDMD TIED EESCLE .Y) - b 0.5; IENI A FLUEags A PEE;NAK nrEUU55 13 - !0 90; aD np a-S BS; rlIERIID! - m l® IVI 1® SV. Fo Au sEEonw ucue Ptw lam u. oaaniC-marEo uwESTcZ Nor ars rHM es; o: mE rorAE CWNONAE �uY APPROVED rU+50. mu• Yun1 1000 L .PPEr elNOEw rE c As NEEDED Y0W4I4AAIQ auaEMl¢ AAO AOWTMa R'JImW IHE Ca OUCro SHALL FE RESPaS Fa TIE CARE AHD ...WNANCE x1Cl11aw1G wArpwY., m SEEOED MEA UNi1 TIE SFEDe1G K INSPEcIm AM ACCEPTED ;Y TIE Ef1G1NFL1. NSOECIgw SNAIL, eE YADE AFRA 111E 'ECa11a YUMINO. TIE CaIRACT01r SHNl NOIYY 111E ENONmi M HOURS M AOY.wCE wEM r11E SECUO E10w1F 6 SOmIIIED. RE4IDMD sNKl 8E 0011E uNnE KL AREAS AEE CUPIElF1Y COYgED wlN A YAnwE srANo a raAss M AREA sNN1 EA: CON90ERm COVEWD wE111NE aaE SURFAQ WNiAWs A YIco;DuS s aISS AREAS niAr, n 1HE aPRAcn 6111E ENWIEFM, AIPREDURNANIILY A W®S SNALL 8E nlJ£D. FlNE fMADED, FEMTIIDD Np RES®ED N 111E YM;RT SPEGFIED A;OYE. n SITE RESTORATION QEANWT SNALL F; 111E PN; CAP-fLUSN w/ sAYE sa As 1®EcnYc FN91 MADE fM511 U1ADE PPE. sDR-x PVC rPc (TM.) 1'd r oEv wYE (1W.) Fif1®lF CUPIwc 1 ` �' I- � E �zBAa6111 EROY I- IYPIVI IrE]NJI YC1MW F Lz2 1 �•y1A. • 1'-r �[)ET- N.T.S. REVISIONS BY Qt ]t S FlNK PUw GB ( 6/6/93 PtAWNG C.8 ccYUEr1rs PYRIGHTQ1994, 1995 lINNAN C09L111C BIGNERS ALL RIGHTS RESERVED "s iS a- 1Ra 5775 GJS SC NOTED ATc 3/25/94 94102 Cm3 or 8 aEl;crs Q vARlt a e• e' AwEs w HAW A BpAT A' AND BAIYISJ A a• roPSgL 3YAlE BOTTp1 . BAMKS ro BF PEANTD wtH a /vIA55 �� CANARY GRA55 BEIOI A %ERTA BuxGGRASS,PE95TANi M 0 m OTHER GRASSES FAOHON ANO ADAPTAHE ro A AEr ENvnownr. GRASS LINED GRASS LINE SWALE N.T.S. HP1eAP ARpxq slOR1I SEMER - Ir w PTroTECntxAS aREi e• 6 TTiE I Fey AS O, YR PEII Vr STALE $PEGS (TW. IETAL END wcC / SEE PAN FrA ON S1DIY SElw11 //// TYPE syl,� ancr �1= WSrAU. MtliAFl srAHuutlarl rAea%; JNOEA STOE L.21 STORM SEWER OUTLET DETAIL N.T. S. A FINISI WADE PROPOeED OP' CPEP —WRT Q PROPDa'ED OfY CPEP aL`hAT Qj l' HG[I PI9A.ATICII A' R%xD AY9AAIpN 9' ;pR ]5 PVC $AW iART SENER T e' SOFT 15-PAC SN.TMT SEMFA A SECTION A -A CULVERT DETAIL N.T.S. CANIWTED SIEEi ANT-eFFP �CCUAR (12 GA YM) ro .qNT iD .ICMT I As Pa 9TE RAN TA CW1MxL5 FLLIeQ£ GA9QT wsrAu w1N CIXI(IUW nDI15 �4RRrICAL n ANi1—SEEP COLLAR DETAIL N.T.S. ST.ND; ,BEES UNDER r CAL ar TREEs r cAL a avER. rREE Rmr caua sHAu eEAR c...� RAS AS IT n) TINSELED GRADE IT BORE ro E.—T v ExIsnN o1ADE ExCEPT IN AREAS DF COYPACTFD PLANT ,BEES SO ROOT CP1M IS r-r AeDAE PN19ND IaADE _ 2/3 W TREE C ro F RST HUNCH REYO�E euH,w :BOY TOP OT BALL SIXS w,Nnwe wane¢ PER SOEc 4 eorraY s � �' GETr NEvkR art IErDm DSE .EB STRAPPING ro sEa.salo wRE TREE STAN -STI- OR 2 % 2 umwJOD-J PER 11�E g�awED�wm YQxID 1CPSOE ro rrnEl sAucER mw srAl¢ m lir BEtDY WO OF rIR'E PIT TREE STAKING DETAIL N.T.S. (190VE SELLER)\ POINT 6 r — NErITIr1L 5 PARATON — .glr_ F IW vERTC. --A— IS MPOSS E EN THE MA RR MAN OR Sl- 91ALL BE CpPLETELY MC IN A 3AY1f55 4F£VE C—SHIG DF A fUL l NGT1 Y PPE (I.E S)R 33 PW) CFNIFIRD . THE CROSSED UTxI w_ WATER/SEWER CROSSING DETAIL N.T.S. N= STAIR FLaw I �e• VENT' .Arc Dp A• Y%p S. CUSS B CONASIE 1 ANGLE FlRST STAKE EMBEDDING DETAIL �TDTYRD PREv%%rsr SOEMLLA niAMSgE4 _. -. ._-_. SAD 6AlE SttITHETC FlTIERHAR FABRIC �' �I .xMNTS . S'-0' 0.0 fLOw SECURED ro NARDw]Cp PO515 INSTALL of S NSRIRHI. AREAS Y) W2 A5 9gw5 1 :.E,iT:,.� y_C IYM 1CNaNDSi F I I FLOW e I A• `�i 1.��`- .iMES uo iDE BT snE -�'-"-�1 - r` GN 11E IXQIO 7-0• (EK) i ANCHOR FABRIC wTH SOIL A wN. DEPT . IY wN. eANI RUN I.I AMP AND BACNDLL GRAKL BA �i. CpWA�'.T 9o�E AE% SECMfNe SHALL � sEPARA rtD ex PRErawnED ANCHORING DETAIL Y x Y HARnvnm Posts E%PAN9fh' JOINT Fx1EP. - 3 CONCRETE SIDEWALK GROSS —St,- nON HALED HAY EROSION CHECKS C 1 SILT FENCE DETAIL N.T.S. N.T.S. N.T.S. SNAL I a r>a s— STAKES OH\(le p1 WIeNS1REAY SDE A GF FENCE srw. :x1ln aLaR FAH1c DaTREAY srTN.; FACE / FACE I— — SHOP FENCE OR %V:CE STAI¢ / %OS OIE EWIVALENTI PRETAHEf,ATED SET EF)IfE FlM91m GRADE (QCFAB OR EpUIVNENT) 2 +/2' HNYNaS CONCRETE PAYEIpIT 2' YIN. STANIUIID /URF I- FexSN C(%1RSE (A.O.T. ITPE DO 9A%. CIXIRSE (A.O.r TYPE a) 6 F(°N. 1 I A• NN. rpPSQ tY PLANT 1IK CCYPACM o° I I ! MIRAFI 500x or PLANT lax. COYPACTIDC STABILIZATION FABRIC eA .AKL ELEVATION SECTION A -A YPICAL TEMPORARY SNOW FENCE A 1+ TYPI A DRIVEWAY W/PARKING SECTION EROSION CONTROL BARRIER N.T,. F- JUN p 8 1995 City of So. Burlington Washington Square NGO1a9�s�s� gyp%, ylDr rr` �S'RASS � r.ram%,i O Lr A.g .�.'► .... arur Arl �Nens wr +F m.�re.�+nl�Y NP m. ww�r urwwr�: «: e..1.I CONCORD 4 �W �wL. a W bA�wgn. l.dsR atomB+I.t— s4rorNrwnnnAA YWiameb� annrm RwWeR.n Tr n tlN gesYf � ne eonw �� EcAff axa IN O A 12 TYPICAL EXTERIOR LIGHTING DETAILS O REV1510NS BY Q1/31/B5 FINK PUN G.H 8/6/95 PANNING GJB CDIIUEMiS COPYRIGHT @1994, 1995 OWPIAN COInING BIGHERS AALLLL RIGHTS RESERVED b oti� o_we ii OIIAWN -RB GJB 353 NOTED oATc 3/25/94 94102 C=4 of 6 sH¢Te Memorandum - Planning June 13, 1995 agenda items May 26, 1995 Page 4 DAVID DUBRUL - 7 LOT SUBDIVISION - PRELIMINARY PLAT Lot 6 The following additional information should be provided: --- provide estimated cost to convert the two-family dwelling to a three (3) unit multi -family dwelling. --- show the six (6) required parking spaces including one (1) handicapped space. --- provide building and overall coverage information. -- provide exterior lighting details and locations for all existing and proposed exterior lighting. --- provide a bike rack as required under Section 26.253(b) of the zoning regulations. --- note on sheet C-1 should be revised to indicate that existing residence to be converted to a three (3) unit multi -family Hwal1inn not A Himlax_ � 11 - 7 --" " ..- r.. -' Subdivision Overall --- submit subdivision plat stamped by land surveyor. --- proposed garage on lot #7 is partially located in the wetland buffer. This is not allowed. --- sidewalk should be moved 140 feet closer to Dorset Street in a location approved by the Public Works Superintendent. LIONEL SICOTTE - 2 LOT SUBDIVISION- FINAL PLAT --- The R4 - Cl zoning boundary runs along the center of the driveway of lot #1 a distance of 140 feet from the center line of Hinesburg Road and then turns to the north, this should be shown on the plat. r eons — a a 3 r 0L1e 30 7 1u 3 Florida 101 100 110-5 Chicago 300 000 000--3 E-Sheffield (3). DP -Chicago 1. LOB - Florida 5, Chicago 9. 2B-Wilkins (1). HR-Greegggg (2), KAbbott (4), CJohnson (2). SB-Sheffield (12). Colounn (3). CS-Ve- ras (6). Dunston (1). S-Rapp, Dunston. IP H R ER BB SO Florida Rapp W,1-3 6 9 3 3 2 5 YPerez 2-3 1 0 0 0 1 RVeres 113 0 0 0 0 1 Non S,1 1 0 0 0 0 1 Chicago TrachsO 6 5 3 3 2 5 MPerez L,U2 2 3 2 2 0 1 Walker 1 0 0 0 1 0 HBP-by Rapp (Sosa). Umpires -Home, Crawford; First, Hernan- dez; Second, Hallion; Thad, Froemming. T-3:02. A-21,611. Phillies 2, Padres 0 SAN DIE00 PHILA abrhbl obrItbl Roberts 2b 3 0 0 0 Gligher Cf 4 1 1 0 Finley cf 4 0 0 0 Mrndni 2b 4 1 2 0 TGwyn rf 4 0 0 0 Jffenes If 3 0 1 1 EWI-s I 4 0 00 DHllns I 2 0 0 1 Cminifi 3b 3 0 1 0 Daulton c 3 0 0 0 PClark 8 3 0 0 0 Euvich rf 3 0 1 0 Ceders as 3 0 1 0 Hayes 3b 2 0 0 0 Asmus c 3 0 0 0 Stocker as 3 0 0 0 Bens p 2 0 0 0 Mantis p 3 0 0 0 SJhnsn ph 10 00 Florle p. 0 0 0 0 TOtah 30 0 2 0 Totals 27 2 6 2 Galt Dlpo 000 000 000-0 Pbomdalphla 200 000 00x-2 E-MMMe M. LOB -San 0bpo 4, Ptda- Oelpltle 3. 2B-- AR" SF-DFo6na. ft Cedaio (4). IP H R ER BB So fan Diego Beres L,0.5 7 5 2 2 1 7 F1one 1 0 0 0 0 1 Phlledel.W. W.Sea (L). A—uz, Gers, 5Y LBIIe. IP H R ER BB SO Cincinnati Jarvis W.2-2 6 9 3 3 4 2 McElroy 2-3 1 0 0 0 2 Carrasco S,3 2 1-3 2 0 0 0 2 SL Laws Petkovsek 6 7 1 1 1 1 Mocha L,33 1 1.3 4 3 3 2 2 Fossas 2-3 0 0 0 0 1 Parrett 1 0 0 0 0 1 Umpires -Home, Gregg; First, Winters; Second, Barton; Third, Davis. T-2:52. A-22,115. Braves 8, Astros 3 ATLANTA HOUSTON abrhbi abrhbit Gras= cf 5 2 2 2 Mouton If 5 1 0 0 Blauser as 5 1 1 0 Biggio 2b 4 1 2 0 CpJnes 3b 3 1 3 2 Bgwell 1 b 3 0 0 1 McGrff lb 5 0 2 2 DBell cf 3 1 0 1 Justice rf 4 0 0 0 Shipley 3b 4 0 1 0 JLopez c 4 1 0 0 Simms rf 3 0 0 0 MKeily If 5 1 1 2 Gnzalez If 0 0 0 0 Lemke 2b 4 1 1 0 Servais c 3 0 1 1 Mrcker p 2 0 0 0 Mgdan ph 1 0 0 0 Mrdcai ph 1 1 1 0 Esebio c 0 0 0 0 Bdrsian p 0 0 0 0 Miller ss 4 0 2 0 DwSmt ph 1 0 1 0 Swnden p 0 o 0 0 McMcI p 0 0 0 0 DVeres p 1 gq 0 0 WhIers p 0 0 0 0 Stnkwc ph 1 go 0 PAMUp 0000 MTmsn ph 1 000 Dghrty p 0 0 0 0 Hngrvs p 0 0 0 0 Dnnels ph 1 0 1 0 To4h 39 612 f' Totalh 34 3 7 3 Adana ISO 101 00" Houston 010 020 000-3 E--CpJ0nea 2 (4), Servais (3). DP -Atlanta 1, Houston 1. LOB -Atlanta 8, Houston 8. 2B-0nasom (6), McGnif (4), Lemke (6), Mordecai (1). Biggio (10). HR--Grissom (2), OCpJonss (7) MKeay (2). SB--Grissom (7), Bagwell. IP H R FR 98 CC` uwnlOO ixeN ponullu00 j ,anulluo0 uued Jol •SOJOU 9'Z Dululeum " uo 'sJledeJ V e01AJOs wow -u0wnOlo0 l sl lllenbey •suopelnBou -dlnbe 'sioi laillu 0 IWO BuluoZ UDIBuHJne 4lnoS -ue6 1feµ11 uoµlWWaIP pug ebwolgp 'dulfno4a�eM gill 10 SWWO I=u1PRLu Pug gseulsng 1 OZ•Ol U0µ l 1 oprvp -Oes L� -qnf 19sen IguOPAP -tq of BWglwl DWPMng OZ t L+011'LeS Unit IgA 6ullpef LIDIiPOOfI OW6eldpuNit lDo, suss bf 000'9Z a l0LUMW 01 U019 Lldlay to IaeddV t# -Slimed 91 tim69d 'SUOa _aUvAot Wa 10d jnpnAstg l SW eW l0 iH1Jt1f19fWf picas -M eW APlfuOO Ol 'W'd BldpinW 99'QL L l6 Se6t at �nr uo w01WeA Aoxide tWwS ueM to IveddV z# ::pli uolBultirm 4lnos VQAS wsJ00 SLS 'ui00y 90w 'peoy BJngsoulH JgluO3 1HID9{Q laLtplu gZ9 49 pelg0ol 'seJoe y- t uo0ullinB 0S 910 -nut 4tn BulJge4 ollgnd a plO4 ululeluoo iq g uo leel eJenbs 000'IrZ Buµllg3tloo Is 1111111A lueuggn pv to WOOS L c"3 'Bulp)1nq 91 leJeue6 'AJols (£) esJW a IWAS Bu,uoZ uOidulting OW 'V'S'A '4Z 9911 'Ltt L SbUON 1V031il L SEXION 1V031 E-Thome (4). DP -Toronto 1. LOB - Cleveland 5, Toronto 8. 2B-Vizquet (3), Bette (11), Delgado (1). HR-Vizquel (3), Ramirez 2 (11). Sorrento 2 (10), Green (4). SB-Lofton (7). CS-Lohon (4). IP H R ER BS SO Cleveland Hershiser W,3-1 7 6 3 3 4 7 Poole 13 1 1 1 1 0 Tavarez 2.3 0 0 0 0 1 Mesa S,7 1 0 0 0 0 2 Toronto Harrigan L,3.2 8 11 7 7 2 3 Timan 1 0 0 0 1 0 WP-Hershiaer. Balk-Hentgen. Umpires -Home, Reed; First, Hirschbeck;- Second, Evans: Third, McCoy. T-2:49. A-47,113. Royals 8, Brewers 3 KANSAS CITY MILWAUKEE abrh bi abrhbit Nunly rf 5 1 2 3 Vna 2b 4 0 0 1 Godwin cf 5 1 1 0 Hmaon cf 3 0 1 0 Joyner I 3 1 1 0 Surhoff 1b 4 0 4 0 Gaeta 3b 5 2 2 4 GVghn dh 5 0 1 0 Hmelin dh 5 0 0 0 May If 5 0 1 0 Gagne ss 4 1 2 0 Oliver c 4 2 2 0 Mayne C 4 1 2 1 Cinlo 3b 4 0 2 1 Howard 2b 2 0 0 0 Mieske rf 3 1 0 0 Randa 2b 1 0 0 0 JsVlntn as 4 0 1 1 Tucker If 4 1 1 0 Touts 38 8 11 8 Tools 36 3 12 3 Kaman CKy 210 000 500-8 MRwouk" 010 000 020-3 DP -Kansas City 2. LOB -Kansas City 6, Milwaukee 12. 2B--Gagne (10), Mayne 2 (6). Okver (11), JsValentin (5). HR-Nunnal- y (3), Gaetti 2 (8). SB--Goodwin 2 (9). Joyner (2). CS-Cinllo (1). SF-Vina. Karam �P H R ER BB SO Appier W,6.1 61-3 9 1 1 3 5 Brewer 23 1 0 0 0 0 Linton 1-3 1 ? uwnloo IxaN penu!luo0 ouplemp (1) quo BU!ppe (Z pue 116e1 eJenbs 0£9'69 of lee{ eJenbs ZOO '6t WOJI OZls u! 6u! UqJ slot W camas olul leDJed Ojos 9L'y g eplAlpgnB (t :01 NuBM PJAeO 1011OPW -10dO laid AJWWIIOJd (£ •peoy ue403ed Sot '4e81 eJenbs 609'6 pue lest eJenbs 909'6 lee; eJenbs 699'yZ l0 9401 (£) geJW olul ewotl AHwel -MBUls Buµslxe ue LMM puel to lest eJenbs 6LS'£4 to ugslAlpgns Jol J1910 e3 yy OuletuJe9 to u014e0 -Ildds leld AJOVILullOJd (Z •peol:l BJnq -seu1H 91,Vt 'leas eJenbs IL SKMON 1V031 I L S33IION 1V031 uwnloO lxaN Psnullu00 Jeldg4o pug suoµ9ln6ea aW Llllm 93U8PJOODe cal 3*WM 9WN= Sim 'LZ Aelry uolsslwux* Buluuvtd uID16uttine Wf*S usuu1a40 sseBJng woultM '116H A410 u0l6ulting ollq d JO1 49 �I OlgBllgAB 9 B suoµeolldde eW to 9eldo0 leeilS lesJoa toot '6ulilemp A1!wel-µlnw pun £ e eleeJO of 9# iq uo but !amp Aliwel oml a of Ilun 181.439. May 1994;2, Bobby Labonte, Trinity, N.C., Chevrolet Monte Carlo, 182.741;3, Ricky Craven, Concord, N.C., Chevrolet Monte Caro, 182.285;4, Brett Bodine, Harrisburg, N.C., Ford Thun- derbird, 181.941;5, Michael Waltrip, Lake Norman, N.C., Pontiac Grand Prix, 181.622A Ken Schrader, Concord, N.C., Chevrolet Monte Carlo, 181.519; 7, Star - trig Marlin, Columbia, Tenn., Chevrolet Monte Carlo, 181.421;8, Elton Sawyer, Chesapeake, Va.. Ford Thunderbird, 180.935;9, Joe Nemschek, Mooresville, N.C., Chevrolet Monte Carlo. 180.862; 10, Morgan Shepherd, Conover, N.C., Ford Thunderbird, 180.84411, Dick Trickle, Iron Station, N.C., Ford Thun- derbird, 180.78312, Hut Stnoklin, Cale- ra, Ala., Ford Thunderbird, 180.759; 13, Terry Labonte, Trinity, N.C., Chevrolet Monte Carlo, 180.548;14, Todd Bodine, Charlotte. N.C., Ford Thunderbird, 180.542: 15, Rick Mast, Rotkbridge Baths, Va., Ford Thunderbird, 180.401 Lake Speed, Concord, N.C., Ford Thunderbird, 180.403;17, Chad Little, Charlotte, N.C., Ford Thunderbird, 180.40308, Ricky Rudd, Lake Norman, N.C., Ford Thunderbird, 180.282; 19, Bill Elliott, Blairsville, Ga., Ford Thunderbird, 180.228;20, Jeff Burton, South Boston, Va., Ford Thunderbird, 180.216. 21, Darrell Waltrip, Franklin, Tenn., Chevrolet Monte Caro, 180.192;22, Dale Jarrett, Hickory, N.C., Ford Thunderbird, 180.126; 23. Bobby Hamilton, Nashville, Tenn., Pontiac Grand Prix, 180.101 Rusty Wallace, Concord. N.C., Ford Thunderbird, 180.096;25, Robert Pressley, Asheville, N.C., Chevrolet Monte Carlo, 180.084;26, Derrike Cope, Huntersville, N.C., Ford Thunderbird, 179.946;27, Ted Musgrave, Troutman, N.C., Ford Thunderbird, 179.712;28, Ge- off Bodine, Julian, N.C., Ford Thun- derbird, 179,432; 29, Mike Wallace, Concord, N.C., Ford TI"aMvb+-1 uwnloo lxaN panu!IuO3 ZOt'OE opug s jee osi obu 060'04 l xeldnp Buµsixe us 431m Puel to leel eJenbs Z6VOL GPIAlpgns of suODIS 1euo!-1 to uoµeo!ldde leid Iau!.A (1. :6ulmopol 841 Jeptsuo0 01 'w'd 0£:L Is 966t let Oun1` A9psenj LID IUOWJGA uo46u!!Jng WnOS 'teeAS IGSJOO 96 'uioom 90UeJel000 '116H 40 uol6w{ing WnoS O41 Is Bupee4 ollqnd a ploy Him ugsslwwo0 6u1uue1d j o%W1Vn8 4MS 041 NOIf=Iwwoa 0"INNr7e1 nninMnum NLMS utes. 7 seconds. 2. Oliverio Rincon, Colombia, O.N.C.E., same time. 3. Vladislev Bobrike, Russia, Gewiss- Bellan, 3 seconds behind. 4. Giuseppe Guenni, Italy, Navigare. Blue Storm, 26 behind. 5. Mariano Piccoh, Italy, Brescialat, 46. Cycling Kmart Classic AtHinton, W.Vis. Fourth stage 1. Lance Armstrong, Motorola, Austin, Texas, 4 hours, 41 minutes, 5 seconds. 2. Luc Roosen, Flanders 2002, Bree, Belgium, 6 minutes, 23 seconds behind. 3. Frankie Andreu, Motorola, Dear- born, Mich., same time. 4. Chad Gerlach, Montgomery -Bell, Fair Oaks, Calif., 6:48 behind. 5. George Hineapie, Motorola, Char- lotte, N.C., 7:10. 6. Andy Bishop, Saab, WINlstan, VL, same time. ovaries standings (After Four Stages) 1. Lance Armstrong, Motorola, Austin, Texas, 11 hours, 49 minutes, 29 sec- onds. 2. Frankie Andreu. Motorola, Dear. born, Mich., 6 minutes, 11 seconds be- hind. 3. Brian Walton, Saturn, North Delta, British Columbia, 6:57. 4. Steve Hogg, Chevrolet-L.A. Sheriff, Dan Point, Calif., 7:19. 5. Darren Baker, Montgomery -Bell, Chambersburg, Pa., 7:29. Tennis 9661 LZ'9Z'SZ'VZ Aflykl '699 u0!108S'VSA 91 gllm aouet!dwoo ut spew s! uo!)el!o!los s!41 303 SluawelelS u0034! -len0 i!wqns of p9betnoo -ue eta ssou!sne peum0 UBWOM pue Ai!tou!Vq 00to-SS9 (Zoo) 9VY90 IuowaA 'Jelsag0100 gnu(] ma!A u!efunov4 000Z la e -UOV4 IoaloJd 'wJON u00 uoilont)su00 411eq!e6u3 01 sluaweleiS uolleoU!len0 1!wgnS lueuingsu! 1e!oueug Je410 Jo pu0q It l0 wt01 e41 u! them 641 wolJad I L STNION 1V931 I L SDRON 1V031 North Country (9-0) June 5 semifinals: all matches 3:30 p.m. Match 8: Winner of Match 5 at Winner of Match 4 Match 9: Winner of Match 7 at Winner of Match 6 Championships: to be announced Match 10; Winner of hatch 9 at Winner of Match 8 DIVISION 11 Tuesday's Playdown: 3:30 p.m. Match 1: Nu.9 Fair Haven (3-1 JI a. No. 8 Stowe f5-71 Thursday's quartarflnais: all matches 3.30 p.m. Match 2: Winner of Match 1 at No. 1 Burr 8 Burton If 4-0) Match 3. No. 5 Springfield (7-6) at No. 4 Woodstock (9-4) Match 4: No. 7 Montpelier (4-5) at No. 2 Middlebury (8-2) Match 5: No. 6 Mount Mansfield (4-5) at No. 3 Hartford (10-4) June 5 semifinals: all matches 3:30 p.m. Match 6: Winner of Match 3 at Winner of Match 2 Match 7: Winner of Match 5 at Winner of Match 4 Championships: to be announced Match 8: Winner of Match 7 at Winner of Match 6 Softball High school Colchester 16, Mt. Abraham 4 Colchester 311 413 3-16 15 6 Mt. Abraham 100 020 1-4 6 6 Nicole Carpenter and Michelle Devino. Blase Minor (3) Ladue (6) and Bussiere, Sheppard (31 B-iss•ere r6` V'o_ uwnloD ixaN penuiluo0 of Al!l!ge nagl 10 93U9 -insse te!OueuB epinoid of paJlnbat aq Aew stol -oe,Woogns 'uo!I!PPL ul -mel Aq pennbaJ Jo sluaw -noon p!13 eql ul Pe!I!oads se sluewatinbei 10681 ,eglo pug '161UGWUOJIA -us '/4818S '(UORBUIWIJOSlp -uou deoipue4 trOS 03S 6u1pn!oul) uoilsuiwltosip -uou 'eDeM 'luawAoldwe 4)im Aldwoo of pailnbet ag Ile4s Stoloetluoogns 99t ounl• 'Aepsenl Aq Alll!g160a J1e41 to pe11!lou eq 111m slepplq legl pafoedxs s1 II -.LA'uol6uipn9 ginogg 1S IleJtej 09 '043 'slwtdenlg Pascareaa, I- Rearucn. L. i 9'._; 2. Allen. Jordan. R 51 MA. 4xt00: " MA, Lam. 40( Tilton, L: 3 E Bjerke. PA. i Erwin, MA. 6 15-61, 2. W Javelin: I Owcnman, R; • A,icn F.<. 'aual,Vuh. J Pascarella, R, don, R. High 2. Coddaire, F Erwin, MA. 1 Mudsell, MA. R, 33-5'.; 2. V 4x4OO; 1. L; Rice. BFA-St. Aibi Milton 46 too- I I pier. M. 3 f Drive(. BFA, Frappier, M. 4 2. Chiapprnel MVU 800 - Desruchers, k - 1. Jones,t Sawyer, BFA 11:51; 2. Burt 100 hurdles tubbard M Iles - ..ard, MVI 1. MVU r4: non) 54.9: ver, Sawy .0 (school uwnloo IzaN panuµuoD w011 algel!ene ele stwol uolieoy11e110 S661 'Z1 gun(' ue41 Jalel 0u 4lJagle6u3 01 IuawelelS u0llewtolul 103 ue Jo (SOEV Iuawnuo/ Viv) fuawetelS uo!Ieo!lgen0 if )!wgns of pennbei ete stOloetfuoogns 'AI!lenb of bu!wem Isgl e41 tied puodse, IOU P!P otim siapplq Pelsete)u! asogl of /41untioddo 9A!6 of '10eloid st41 6uiuJ,•` -91 Aq 'luelu! s,Jaumc st 11 'we6e Al!lenbald 1 IOU op 16ulwem-Glooy�S A)!�y1 Uo16ut1Jne tµnoS. oil) 16U pelylenbeid ogm step P!g 70efoid sigl BuiPP!cl u! pelseJelul SJO138Jluoo SEMON 1V931 I L UNION 1V031 own -qns P Ulu 'l., • idol 1,! IPpe l01 lief Out 1e6u3 u016u! ZZ9S-Z98-Z09 99wnN "A 6 9Z L C-ZZV-008- L aa'J 1101 S svr"] & ; 9 FM FM • City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 26, 1995 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, June 2, 1995. If you have any questions, please give me a call. Sinc,erely, c� Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls E C(S M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for June 13, 1995 Meeting Date: May 24, 1995 I have reviewed the following site plans and my comments are as follows: 1. W.W. Grainger, Inc. Dated 5/16/95 Lot 13 Green Tree Park Project No. 88155 Acceptable 2. Ken Smith Property Dated 4/28/95 Commerce Avenue Project No. 95039 The plan is acceptable with one (1) LUU w U11c length of the building and the location of the nearest hydrant, one (1) additional hydrant is needed to be located at or near the south end of the parking lot. I would prefer that the hydrant be installed on the east side of unit 5. 3. Lionel Sicotte Dated 5/6/95 Project No. 2519 Acceptable 4. 625 Hinesburg Road Acceptable 5. Germaine LeClair 185 Patchen Road Acceptable 6. Baker and Bowes Property 123 & 251 Shunpike Road Acceptable 7. Olde Dorset 1001 Dorset Street Acceptable Dated 5/8/95 Project No. 95017 Dated 5/15/95 Project No. 9520 Dated 5/15/95 Project No. 947002 Dated 5/15/95 RIDGEWOOD ESTATES HOMEOWNERS ASSOCIATION 7 CONCORD GREEN SOUTH BURLINGTON, VERMONT 05403 February 19, 1995 Mr. David DuBrul 1001 Dorset Street South Burlington, VT 05403 RE: Olde Dorset Dear Dave: Thank you for presenting your blueprints to Ridgewood Estates homeowners on Sunday, February 12, 1995. The Board of Directors has authorized me to represent that Ridgewood Estates will enter an agreement granting the sewer easement described in your February 10, 1995 letter. When the legal documents are prepared, please contact me. We wish you well with your restoration project and in the development of your Olde Dorset project. Sincerely, Ma Anne MurrayMary President, Ridgewood Estates Homeowners Association 03/ 31/ 1995 16: 22 UU28bU e U 13 NKUf Lk t Y fV1Hi*AUL vitN I i e-OuL- — Property Management Consultants, Inc. PO Box 9240 South Burlington, Vez-nont 05407 March 24, 1995 Mr. David DuBrul 1001 Dorset Street So. Burlington, VT 05403 Re: Olde Dorset Dear Dave: Thank you for presenting your blueprints to the Indian Creek Homeowners Association Board of Directors. They have authorized me to represent that Indian Creek is in general agreement and will grant the sewer easement described in your February letter subject to working out the final details. Good luck in the development of your Olde Dorset project. Sincerely, /� LV Keith Flaherty, Treasurer Indian Creek Homeowners Association P.O. Bax 9240 ♦ So. Burlington, Vermont 05407 • (802) 864-6336 State of Vermont zy " WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT Case #: WW-4-0366-1 Applicant: David DuBrul Address: 1001 Dorset Street South Burlington, Vermont LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective September 10, 1982 05403 This project, consisting of converting the existing single family residence on lot #6 of Subdivision Permit EC-4-1885 into a triplex with unit #1 having 3 bedrooms, unit #2 having 2 bedrooms and unit #3 having 1 bedroom located off Dorset Street in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL 1. The project shall be completed as shown on the plans which have been stamped "approved" by the Wastewater Management Division in Subdivision Permit EC-4-1885. The project shall not deviate from the —approved plans without prior written approval from the Wastewater Management Division. 2. All conditions set forth in Subdivision Permit #EC-4-1885 dated May 15, 1995 shall remain in effect except as modified or amended herein. 3. The Wastewater Management Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. 4. A copy of the approved plans and this 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. 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. Water Supply and Wastewater Disposal Permit WW-4-0366-1 Page 2 WATER SUPPLY 6. The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 7. The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 600 gallons of sewage per day. 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. Dated at Essex Junction, Vermont this 15th day of May, 1995. William C. Brierley, Acting Commissioner Department of Environmental Conservation By'��- Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission South Burlington Selectboard Water Supply Division Department of Labor and Industry Champlain Consulting Engineers 5 F�FirzaArRK,Y i �� LLEIiFL(YN SLRYEY �E R/DGEWOOD ESTATES DE✓EL GPA/ENT INC. SEE PLAN SYFAED A-a-RNER AMP KX./33, P67 a pR/✓E R/ p6EWOOp GRAYLL 94WING AREA I'�90 tr \ iAl�rO ' • • N4'A& • N 06' 40 6• U IYETLAADS q / M -- TEMPLE S/NA/, INC. CM'A9G'N KX. /99, T 13'SEM£R EASEACNT . N 057J' I4 263' Lor ' afll6AaYS 15"AQ S I/ Aerjw.fo. Fr � � !toff Sn rr a"Aizi" ry afcvAaw-s N ♦ 0 EX/S7WG AMSE ti b b 2 ? h bIk AFgV AYYJ FOLAO • 6tr A9avP�ftxao • AM-Y-F ro RESET O c6KO E7EArCltCAENT 70 A'' SET O PrUPERrYLAU - - - 90?SET /7'5,nw IOBELLZW-47M M 44" W IB.iO � m � o o j 0 S//. v6..� /�6J • I 1 1 1 1 1 i 1 1 1 1 I PAO 64' j /42.33' — ' N 8475' w /NOYAN CREEK CLWO 1f//N/UMS ASSOC/AT/QY/NC Vim. /B/, Pls, 295 REFER TO PLANS BY F/TZPATR/CK-L LEWELLYN ASSOC RECQPOEO MAP ✓OL. /R3, fi'i:53, 9/B92 m 0 O O [RF N06'IS'S0"IY N06"5_?OOW _ 6.SB4' 60.0f /1I.92'TO [R.F. - --- - Lor /RFr a44sAOR=S w m ,A us�T.aa�Fr a 44f Ao%ts 3 ♦b N N /SB50' At"SO Fr a R76 AQWs � '�'/�'•� SO6'/5'24"E /702'--� 60 AIGNT ar MtlY III PP' _— X-' aK1 NOTES. Rrrsw�►�v�-ArG'Lor•2cwAPr.wENnrzEv-xay.A�awm�'D PLOTSLB,aN. MYERsRRa°£RrY, Da9SETSfl&cTr, Sa BCAPL^vnw, ✓T. asA4" AI/t7l SEPT. /ARl BY MgR14L�NFt�7t/STEAYRfCYiB�O,IV KX. A64 PAGE!/ A� J7E 50 BLOW AW7LW LAW AL''6YatLii SW LOr / P LXWTAMW .? I B AQW.T I. P9a°ERTY MWW OWWD BYAS4q, W or I f"mn S MYERS AAO L6 A ftwnav LE KX. ICI, M "OrABOY£Atw77alEDLAAOAL�CaWS .x AL�fER 7D fYAAC5 BY L7LAM°YAAY LYWSLC I.RY'EhGMEE175 fZi4 UTK/7AS, Cav70LRS AAD EAGNEEAUN' AFTAC.[ 4. 7D7AL ARL�A a'LO7S/-7EMWLS 447AL')4E5 AREA a,/7FT. S7RYPE7a.L4LS 0.29/ACAeS TOTAL AREA 921P9OECr,'"LS 4764CRES SG4LE= /AC'N= 40FEEr 0 PO' 40, SO/20' /60' 20O' STREET IY/LL/AM S 60MH RQ9ENS7E/N KX. /OB. iG 269 I I I/15J2'7D [R.F. N06"0525 "M' � [RF / CER7,fr 7HSPLAr.fS B4SED ,16-Of YEgYv U LW.4 7DTAL STA7X.WSLRY£Y, %? EX/STAW^FtLD EME-AC--AfED • v RL SEARC/( PLANS AS AV rED AgoYE; 4tutita^.�,d� 4Au suf� L OC4MW MAP RECEIVED uEC 3 0 1994 City of So. Burlington PREL/M/NARY PLAT SEl/ENLOTSGlRWKSI M OL DE DORSET OYNEO BY.• 0,4✓/U OUBRl& /00/ DORSET STREET S0. ,&URZ1NGTON , ✓ERWWr CITY OF SOUTH BURLINGTON Subdivision Application - PRELIMINARY PLAT 1) Name of Applicant </•�°'l- �� 2) Name of Subdivision �Z-,r Ski 3) Submit Subdivision Fee 4) Describe Subdivision (,i.e. total acreage, number of lots or 5) units, type of land use, T� industrial uses): _76 iyj gross floor area for commercial or J Indicate any changes to name, owner of record, applicant, plan application: address, or phone numbers of or contact person since sketch /-- r 6) Name, address, and phone number of: a. Engineers b. Surveyor �% 9�f' /C 1 L-qm Scc/�r✓ 5 C. d. Plat Designer,�'LfI7h` 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: yc� /IT 1 8) List names and mailing addresses of owners of record of all contiguous properties: 9) State title, drawing number, date of original plus any revisions, and designer(s) of the preliminary map(s) accompanying this application: 10) COST ESTIMATES for Planned Unit Developments, multi -family and commercial and industrial complexes: a) Buildings b) Landscaping c) All other site improvements (e.g., curb work 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi- family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour Average daily traffic P.M. peak hour % of trucks 12) Attach FIVE copies and ONE reduced copy (11 x 17) of preliminary map showing the following information: a) Proposed subdivision name or identifying title and the name of the City., b) Name and address of owner of record, subdivider and designer of Preliminary Plat. c) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 2 d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property to be subdi- vided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately main- tained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of proposed finished grades where change of exist- ing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. i) Numerical and graphic scale, date and truce north arrow. j) Details of proposed connection with existing wa_te-- supply or alternative means of providing water supply -to the proposed subdivision. k) Details of proposed connection with the existing sani- tary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culvert which may be required. o) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless on existing street intersection is -shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. p) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 3 13) Development timetable (including number of phases, and start and completion dates) : 14) List the waivers applicant desires from the requirements of these regulations: 15) 1) All existing subdivision, approximate tract lines and acreage of adjacent parcels, together with the names of the records owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or pro- posed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. 3ture:) applicant or contact person 4 CRIME PREVENTION SURD_ SOUTH BURLINGTON POLICE SOUTH BURLINGTON, VT. .SITE; 1001 DORSET ST., `OLDE DORSET" I ADVANTAGES DISADVANTAGES i RECOMMENDATIONS ACCESS ACCESSIBLE -EACH RESIDENCE NO LIGHTING APPARENT, HARD TO LOW WATTAGE, BELOW EYE LEVEL, LIGHTS EASILY VIEWED FROM ROAD. OBSERVE OUTSIDE FROM INSIDE ATENTRANCES RESIDENCE LIGHTING NONE NO LIGHTING AT THIS TIME. INSTALL BELOW EYE LEVEL LIGHTING REDUCES TIME THAT OUTSIDE ALONG DRIVEWAYS. { AREAS CAN BE USED. ALLOWS i COVER FOR ABNORMAL USAGE. LANDSCAPE TREES AESTHETICALLY PLEASING. TREES MAY INHIBIT SURVEILLANCE t PLANT LITTLE LINDEN. I PROVIDES NATURAL SURVEILLANCE UNTIL FULLY GROWN. NORWAY FROM ROAD AND BETWEEN HOMES MAPLE HARD TO GROW GRASS + UNDER. PROPERTY NONE PROPERTY LEVES HAVE NO LOW SHRUBS, SPACED TO DEFINE PRO - DEFINITION DEFINITION AND PROVIDES FOR PERTY LINES. ABNORMAL USAGE (DWARF -WING EVONYIv1US, PLUMCSA ANDORRA JUNIPER) i I WEST SIDE AESTHETICALLY PLEASING, EASY ACCESS FROM RIDGEWOOD PLACE MID SIZE SHRUBS IN HEDGE ALONG PROVIDES PRIVACY. ON FOOT. NO BARRIERS. ALLOWS WEST BOUNDARY. ABNORMAL USAGE. IE: WINTERGREEN BARBERRY (SPINES) EAST SIDE AESTHETICALLY PLEASING SIDEWALK TOO CLOSE TO ONE STREET LIGHTS) AT THAT ONE HOME. 1 TREES PROVIDE FOR NATURAL RESIDENCE ALLOWING FOR AN SURVEILLANCE AND BOUNDARY. ABNORMAL USER TO BE THERE. SIDEWALK PROVIDES FOR SIDEWALK DEAD ENDS., WILL NOT SURVEILLANCE BY PEDESTRIANS. BE USED. NORTH SIDE EXCEPT FOR SIDEWALK, SAME AS NONE I NONE EAST SIDE. SOUTH SIDE TEMPLE BORDERING ON THIS SIDE - NONE I BONE WITH OPEN NATURAL I SURVEILLANCE. ABNORMAL USAGE I DIFFICULT. i I j j GEORGE D. FON, PTL. j i i +I I i � i I I I I SBPD j I I a I State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD April 12, 1995 David DuBrul 1001 Dorset Street South Burlington, VT 05403 Dear Applicant: Subject: EC-4-1885 ; AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802)879-6563 7 lot sub.Lots 1-5 sfr Lot 6 conv.duplex w/apt Lot 7 prev. app.duplex mun.w/s <3A located Dorset Street in South Burlington, Vermont. We received your completed application for the referenced permit on 04/04/95, including a fee of $300 paid for by Check Number 956 & 2895. This application falls under the Multi -Lot Subdivision Program Area, and under the Performance Standards for this program area, we have 45 days of 'in- house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 days in-house, please contact this office. Please note that this does not constitute receipt of your application under the requirements of Act 250. * If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563. THE WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT APPLICATION #WW- 4- 0366-1 WILL BE PROCESSED WITH THE ABOVE SUBDMSION. incerely, Irene L. Roberge Administrative Secretary c South Burlington Planning Commission South Burlington Selectboard Champlain Cons. Engr Chlorine Free 100% Recycled Paper Regional Office - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 16, 1995 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the January 24, 1995 Planning Commission aaacca. iiag minutes. Please note that- you 11QVe j1X (0) months from l.1lC sketch plan review to submit the application for final plat approval. If you have any questions, please give me a call. SInere y JWeith, CPlanner JW/mcp Encl Memorandum - Planning January 24, 1995 agenda items January 20, 1995 Page 7 Landscaping: The minimum landscaping requirement, based on building costs, is $3000 which is not being met. The applicant is seeking a credit for the $3000 shortfall. Staff recommends that landscaping be added along the easterly boundary with the Horticultural Farm. Sewer: The additional allocated needed will be 375 gpd. The applicant will be required to pay the per gallon fee prior to permit. Traffic: ITE estimates that the proposed change from warehouse to office use will add 16.4 vte's. Applicant should be aware that he will have to pay a road impact fee of approximately $3300. Lighting: Existing exterior lighting consists of the following: --- two (2) downcasting building mounted 250 watt metal halide fixtures. --- two (2) 70 watt pole mounted walkway lights. The pole mounted floodlight that was required to be replaced with a downcasting fixture or removed is still there. This condition should be met prior to permit issuance. Dumpster: A screened dumpster storage area is being provided. 7) DAVID DUBRUL - 7 LOT SUBDIVISION - SKETCH PLAN This project consists of: 1) subdividing a 4.76 acre parcel into seven (7) lots ranging in size from 19,002 square feet to 69,630 square feet, and 2) adding one (1) dwelling unit to a two family dwelling on lot #6 to create a multi -family dwelling. The preliminary plat for this subdivision was approved on 4/26/94 (minutes enclosed). The applicant is seeking sketch plan review because of significant changes to some of the lots and the multi- family dwelling on lot #6. This property located at 1001 Dorset Street lies within the R-2 District. It is bounded on the north by the Indian Creek entrance drive and a single family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east by Dorset Street. 7 Memorandum January 24, January 20, Page 8 - Planning 1995 agenda items 1995 Access: Sketch plan does not show proposed access to the lots. Staff recommends that access be as shown on the approved preliminary plat. Applicant does not have access to lot #1 and #2 across Indian Creek Drive and can not develop these lots until the access issue to these lots is resolved as determined by the City Planner (condition #13 of preliminary plat approval). Lot size/frontage: The minimum lot size in this district for single family homes is 19,000 square feet with 100 feet of frontage. The minimum lot size for a two family dwelling is 22,000 square feet which is met by lots #4, 5 and 7. The minimum lot size for a three (3) unit multi -family dwelling is 1.5 acres. The minimum requirements are being met. Density: The maximum density allowed is 10 units based upon an earlier determination by the Planning Commission. Five (5) of the lots are proposed to be developed with single family dwellings and one (1) with a duplex. The applicant is adding a third unit to lot #6. Sidewalk: The construction of a sidewalk was a requirement of the preliminary plat approval (condition #12). Wetland: This site contains a class III wetland which is shown on the plan with buffer strips. This wetland is not shown on the official wetlands map and is therefore not considered a protected wetland under the C.O. District. No construction, fill, removal of vegetation or mowing of grass should be allowed within the wetland or buffer strip. The preliminary plat should show the limits of the C.O. District for the minor stream. All structures must be kept out of this area. The applicant as part of preliminary plat approval was required to submit a "Notice of Condition" for review by the City Attorney which will require the deeds for lots #1 and #3 -7 to contain a provision prohibiting any construction, fill, removal of vegetation or mowing of grass within the wetland and buffer strip. Sewer: The sewer allocation approved at preliminary plat was 3500 gpd. The applicant would like to increase this to 3750 gpd. nther: --- sketch plan should include location and approximate size of existing and proposed water lines. 3 Memorandum January 24, January 20, Page 8 - Planning 1995 agenda items 1995 Access: Sketch plan does not show proposed access to the lots. Staff recommends that access be as shown on the approved preliminary plat. Applicant does not have access to lot #1 and #2 across Indian Creek Drive and can not develop these lots until the access issue to these lots is resolved as determined by the City Planner (condition #13 of preliminary plat approval). Lot size/frontage: The minimum lot size in this district for single family homes is 19,000 square feet with 100 feet of frontage. The minimum lot size for a two family dwelling is 22,000 square feet which is met by lots #4, 5 and 7. The minimum lot size for a three (3) unit multi -family dwelling is 1.5 acres. The minimum requirements are being met. Density: The maximum density allowed is 10 units based upon an earlier determination by the Planning Commission. Five (5) of the lots are proposed to be developed with single family dwellings and one (1) with a duplex. The applicant is adding a third unit to lot #6. Sidewalk: The construction of a sidewalk was a requirement of the preliminary plat approval (condition #12). Wetland: This site contains a class III wetland which is shown on the plan with buffer strips. This wetland is not shown on the official wetlands map and is therefore not considered a protected wetland under the C.O. District. No construction, fill, removal of vegetation or mowing of grass should be allowed within the wetland or buffer strip. The preliminary plat should show the limits of the C.O. District for the minor stream. All structures must be kept out of this area. The applicant as part of preliminary plat approval was required to submit a "Notice of Condition" for review by the City Attorney which will require the deeds for lots #1 and #3 -7 to contain a provision prohibiting any construction, fill, removal of vegetation or mowing of grass within the wetland and buffer strip. Sewer: The sewer allocation approved at preliminary plat was 3500 gpd. The applicant would like to increase this to 3750 gpd. Other: --- sketch plan should include location and approximate size of existing and proposed water lines. E:3 Memorandum - Planning January 24, 1995 agenda items January 20, 1995 Page 9 --- plan should indicate that this is a sketch plan not a preliminary plat. --- plan should show the new connection between the house and garage. ff INVESTORS CORPORATION OF VERMONT - SITE MODIFICATIONS - SITE PLAN This project consists of changing the use of a 38,137 square foot building from office/warehouse to office and light manufacturing/research and development/warehouse use. The new use will include 15,000 square feet of general office use, and 23,137 square feet of light manufacturing/research and development/warehouse use. Also included with this application is a request for site modifications. This site was approved by the Planning Commission on 1/11/94 (minutes enclosed). Staff discovered that the applicant had made changes to the uses in the building and some site modifications without approval and requested that approval be obtained from the Planning Commission. This property located at 21 Gregory Drive (lot #1 Green Tree Park) lies within the I-C District. It is bounded on the north by light manufacturing (Resolution, Inc.), on the east by Gregory Drive and on the south and west by Shunpike Road. Access/circulation: Access is provided via a 30 foot curb cut on Gregory Drive. It is located as far from the Gregory Drive/Shunpike Road intersection as possible. No change proposed. Circulation is adequate. Coverage/setbacks: Building coverage is 25% (maximum allowed is 30%). Overall coverage is 63.1% (maximum allowed is 30%). Front yard coverage along Gregory Drive is 11% (maximum allowed is 30%). Front yard coverage along Shunpike Road (south boundary) is 35.4% and along Shunpike Road (west boundary) is 0%. The front yard coverage information along the two (2) legs of Shunpike Road were not calculated for the earlier approval because prior to the zoning update it was not clear whether these were front yards. The new zoning does now consider these areas as front yards. Setback requirements are met. 7 / � v 00,�Y- zv rc Na 441 z GRAVEL AND SHEA District Environmental Commission #IV July 20, 1989 Page 5 tant to note, however, that this turning movement will operate at a level of service E under projected background conditions, in the absence of traffic from Belters' development. The basic problem at the intersection is one of alignment. Realignment is difficult because of residences on the west side of Airport Parkway. Long range plans to relocate Airport Parkway and the intersection are under preliminary engineering study by the Vermont Agency of Transportation and the Chittenden County Regional Planning Commission. In the meantime, the City has implemented plans for short range improvements to the existing situation. The Belters have contributed substantially to both short and long-term upgrading of the intersection. These contributions effectively mitigate the impact of traffic from both the Belters' commercial subdivision and proposed residential development. These contributions include: 1. Dedication of 1/2 acre triangular parcel of land lying between Airport Parkway and Shamrock Road to the City of South Burlington. The value of the parcel is $30,000.00. 2. Dedication of additional right-of-way on Ethan Allen Drive to the City of South Burlington. 3. Construction of additional turning lanes on Airport Parkway at the Ethan Allen Drive and Shamrock Road intersection. This was completed last year by the Belters at a cost of $24,000.00. 4. Payment of impact fees totalling $27,400.00 for improvements to Ethan Allen Drive and future long range improvements at the Airport Parkway and the Lime Kiln Bridge. The additional turning lanes (item 3 above) have been constructed, and according to City officials, safety and traffic movement have improved considerably. The number of accidents at the intersection has dropped substantially since the turning lanes were constructed. City officials recognize that traffic conditions at the intersection are not the Belters' sole responsibility. It is their position that the Belters have assumed responsibility for their fair share of correcting the situation at that intersection. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 20, 1995 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesdav's Plannincr Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, January 24, 1995 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Cl in erel , J Weith, C ty Planner JW/mcp Encls OU6Rv�, �T,Q S,/e� 0/ 3154 4604p- _ /S Al's Td7� 6 -- 1� 5 131 � I } Preliminary Memo - Planning January 24, 1995 agenda items January 5, 1995 Page 2 setback requirement from new boundary line (see Section 26.506 of zoning regulations). --- site plan should be revised to reflect the correct lot size. DAVID DUBURL - 7 LOT SUBDIVISION - SKETCH PLAN --- sketch plan should include existing and proposed water --- plan should indicate that preliminary plat. location and approximate size of lines. this is a sketch plan not a KARHU USA, INC - OFFICE EXPANSION - SITE PLAN --- plan should include lot dimensions and lot size. --- plan should include all the landscaping shown on the most recently approved site plan. --- the minimum landscaping requirement for this project is $3,000. Plan should show additional landscaping to meet this requirement or request a credit for existing landscaping. --- show location of nearest fire hydrant. --- plan should indicate that eastern property boundary is the boundary between the C2 District and the IA District. --- applicant should submit parking count data to justify 16 parking space shortfall. --- the six (6) new parking spaces proposed are not acceptable since this design is intended for one-way traffic circulation and this type of circulation is not possible. Staff recommends that this area be filled to match adjacent grades and the parking area be redesigned to meet parking design standards. --- plan should indicate locations of all exterior lights, indicate any changes in lighting since previously approved plan. --- indicate dumpster location and that it will be screened. --- show approved bike rack location. JOHN LARKIN - PILLSBURY MANOR ADDITIONS - REVISED FINAL PLAT --- the expanded parking area shown on the landscape plan should be revised to provide a 60 foot edge of pavement to edge of pavement width. --- provide details of all existing exterior lighting and show locations on the plans. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 6, 1995 David DuBrul 1001 Dorset Street South Burlington, Vermont 05403 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please submit revised plans and/or additional information, if appropriate, no later than Friday, January 13, 1995. If you have any questions, please give me a call. Sinc rely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp FAX: (802) 658-4748 E �§uutb N urliugtuu .dire Department 575 Dorset t3treet t�outb Nurlington, Vermont 05403 T . (802)658-7960 TO: South Burlington Planning Commission FROM: Wallace Possich, Fire Chief W ' DATE: January 4, 1995 RE: Plans Review for January 24, 1995 Meeting 1. Pillsbury Manor III 1510 Williston Rd. Acceptable 2. Allen Rd. ,tlommunity Care 90 Allen Rd. Acceptable 3. Karhu USA 55 Green Mountain Dr. Acceptable 4. 1 Green Tree Park Acceptable S. National Gardening Farrell St. Dated 12-16-94 Dated 12-15-94 Dated 12-19-94 Dated 12-19-94 Project No. 94276 One additional hydrant should be located at the main entrance on FarrellSt. The Fire Lane should be realigned if possible on the south side of the two story building to allow access for fire apparatus to the rear of that building. Also, more information is needed on the composition of the fire lane, i.e. gravel, pavement, grass -over, etc. 6. DAVID DUBRUL Dated 12/21/94 1001 Dorset Street Acceptable �. Arer,.�A- FFQMF/TIP LGENE(L y�y 77iiCR=l SCAYEY ,�,1. �E R/DGEWCW ESTATES AlVEL CPAIENT INC. SEEPL,4NSYFREO A-CL-RNERM4P ka.153, 9;7 M• a A � R/D6, WOOD ORWEL PARA7N6 AREA ,. �A9 N 06, /2 8000' NFTLAAOS -J eOF N p9 TEMPLES/INC i CMA9CN KY. INS, P6.127 T . N 05YJ' IY ?63' Lor _ I a.uisAoz-s �" G,usAo�s � F-I r1I rtrtrsn rr a.sro Aoa-s � ti r[asm Fr asasA� �1 N g ,b' .b, ! EX/57MG I I OclwsET 191W RAC FOGMQ7 • LRf. A9w1*cFAv&w • RMA/1/i TO BE SET O GYNCRETFAR7WAIENT M&ISFr O P,9a°1''FTYLAIE -- - I!"W IB JOB a o 0 r ' �F6J. rl 1 I r r /1 I 1 '1r r 1 � 1 7706I' j r /4233' — r N BI75' w J36' �J m i � O Lor /MFr a m /ND14N CREEK C6WD6W1N/UMS ASSOC/AT/CW INC YOL. /B/, P6 295 REFER TO PLANS BY F/TZPATR/CA-L L EWEL LYN ASSOC REC6Vi0E0 MAP YOL. /7J,, 9 .5-f 9/892 IN06-7'50"w _ /5R 50' atrvr f ♦ LOTa a.Ll6AOArS wf N - /7'S7RP rOJLrMZK4rW M rhS arYO SO BUWAW7aV EAuzo Rnyr a- my NOTES•' L P�>Prrs�nve�.�cor•tavAPrANENnrzEo :gAN.sraw.o►G'D ILOTSlB1YY. MYERS fi9L'1°FRT�', Op4SETS7RLFT, SQ BU7Y/IG1CW, VT. QBAC" AI7ED SEPT. /9BJBY MtlRf91�NRCL@71�'7FAYRL�GpB.1�D JV YLL. M'4 PAGF I/Q�7/E 50 MALAWIMLAAD M"COWS SMO LOT/P CaV7AM Wr I.B A041S L )9 a-tWrY .9'R W OAV" or4UVOW Av I AWAACLS S A01MRS AAD LS A Pa97? M' a' kM. PO, PGa /" a'A6VWAEN7A'>%W LARD RFCDWS J REPfR 7O PLANS BY OY4AI°Y,4AV aWSIC TMG EWa#W-FRS fag UMMES, CaVMWS AAO EACMFEAWK; AFMI. S I. 70 ML AREA CV -I OTS A EOWLS II7AO91FS AREA A`/7Fr SMh-t- IWLS 0.29/ACRES rorw AREA a�PRp,FCT ECVL4L S 176 ACRES S06,'/5W-E STREET SCALE : /ARW7 IO FFET 0 PO' 40' 00 /20' /60' .100' N 063200-W _ /74.92' TO LR.F. A [�? IWLL/AM S ELYTN RCWENSTE/N vtx. /OB, PC MY I I 6003 _ I /73J2'7t7 LRF. 7672' N06'0575"w 1, /CLRrA�r77os PYATLSB4SLD t�OF VEBrO LFMA TOTAL STATKWSU9YFY, 'f� EX/STWG FIELD EYCL AC.F DEW • v. RESEARC4 PLANS AS AMED * p!M 4� 'VD SU LO"RWMAP REC�iVED uEC 3 0 1994 City of So. Burlington PREL/M/N.4RY PLAT SEl7EN L 01-SGGTWKS1CW OL DE DORSET OWNED BY.' 0.417/OOUBRL/L /00/ OORSET Sr EET SO. BURL /NGTON , YERMGWT PLANNING COMMISSION 26 APRIL 1994 The South Burlington Planning Commission held a meeting on Tuesday, 26 April 1994, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chairman; Mary -Barbara Maher, Terrence Sheahan Mac Teeson, David Austin Also Present: Joe Weith, City Planner; Sid Poger, The Other Paper; Bruce Cote, Brendan Kelly, Glenn Dougherty, J. Richard Lanou, Mary Vonohlsen, Dave DuBrul, Elizabeth Bridgers, Ted Hoehn, Patrick O'Brien, Doug Fitzpatrick 1. Other Business: a) Mr. Weith asked to add to the agenda a discussion of submitting the Comprehensive Plan to Regional Planning. b) Mr. Weith noted that at the last meeting the Commission ap- proved the application for Jolley Associates. One condition of the approval was a landscaping bond of $450. Mr. Weith asked if the Commission intended there be a bond for that amount. Members said they did. c) Mr. Burgess asked the status of the yellow kerosene tank at the Sunoco station. Mr. Weith will look into it. 2. Minutes of 29 March and 4 April Mr. Sheahan moved the -Minutes of 29 March be approved as written. Mrs. Maher seconded. Motion passed 4-0 with Mr. Austin abstain- ing. Mrs. Maher moved the minutes of 12 April be approved as amended. Mr. Sheahan seconded. Motion passed 4-0 with Mr. Teeson ab- staining. 3. Continued Public Hearing: Preliminary Plat applicationof David DuBrul to subdivide a 4.76 acre parcel into 7 lots ranging in size from 19,324 sq. ft. to 57,844 sq. ft, 1001 Dorset St: Mr. Burgess reminded members that this item had been continued to allow for an opinion by the City Attorney. The attorney has ad- vised that since a condition for approval for Indian Creek in- cluded a stipulation that Indian Creek must provide access to properties either side of their access road, the city can take Indian Creek to court to enforce that condition. Mrs. Maher asked if the Indian,Creek decision not to allow such PLANNING COMMISSION 26 APRIL 1994 page 2 an access was made by the Indian Creek Board or all the member- ship. Mr. Lanou said it was a Board decision. He added that their position is that they have to provide a driveway and they feel that what is proposed is not a driveway but a road. Mr. Weith said he would meet with the City Manager and City At- torney to see where to go from here. He suggested the Comm- ission go ahead with an approval motion with a condition that a permit not be issued for lots 1 & 2 until there is a resolution of this issue. Mr. Austin moved the Planninq Commission a rove the reliminar ._ .. - - - - - - -- - - - - - - - ----- - - - --��....r_....,._,._.�....� ., ., . - - - �lat applicationof David DuBrul to subdivide a 4._76 acr_ e _pa_rcel into seven lots ran nq in size from 19,324 s ft. to 57,844 s ft, 1001 Dorset Street as depicted on a nine page set of plans , page 1 entitled "_Myers" Estate 7 Lot Residential WSubdivision,-__ 1001 Dorset Street, South Burlington, Vermont," pre ared by__Cha plain Consulting Engineers dat_e_d March 25 1994_ last revised April 6, 1994, with the following stipulations:_ 1. All previous approvals and stipulations which_ are not au�er-� seded by this approval shall remain in effect, 2. Prior to issuance of any zoning/building hermits, the _appli- cant _shall post a $4,225�landsca e bond to cover the installati cost and value of all pro osed landsca inq. The bond shall re- main in effect for three ears to assure that the planted land- scapina has taken root and has a good chance of surviving. �I 3. Le al documents for the widening of the_D_orset Street�r.o.w. (i.e., i_rrevocabl_e offer of dedication) and easements (e.q., utility easement and sidewalk easement) shall be submitted to the City Attorney for ap roval and shall be recorded in the South Burlington land records prior to issuance_ of az_oninq/building permit for lots 1-5 and 7. - 4. A bond for the _sidewalk and sewer line shall be�posted prior to issuance of azoninq/buildinq ermit.The amount of the bond shall be approved by the City Engineer. 5. The recreation fee _shall be paid rior to the issuance of a zonin /building permit on a lot by lot basis. The fee to be Lai shall be the fee in effect at the time of permit a plication. 6._The Planning Commissi. ap roves a total sewer allocation_ of 35�500 opd. The per gallon sewer fee shall be paid rior to is- suance of a zoninq/building permit on a per bedroom basis. 7. In accordance with Section 301.5 of the subdivision regula- tions, within 14W days of completion ofr_egered imorovements_(e. o PLANNING COMMISSION 26 April 1994 page 3 sanita_ryWsewers)L the_develooer shall submit to the_City En2in- eer"as_-built" construction drawings certified�by a registered_ engineeu.�WW 8. Prior to final plat the subdivision olatWshall be revised �to�show �the Wfollowing: a)�metes �and �bounds for the shared �driveways/r.o.wls. 9. Prior to finalWolatWsubmittaly�the__en2ineering plan(sheetC- 1)Wshall�be�revised�to�showWthe�following: a) the sewer service for lot #1 connected toWM.H. #3�and the sewer service for lot #5 connected to M.H. #2 b) a note added to indicate that the front ward setback jL na Dorset Street ismeasuredfrom the ed e of the Tanned I.O.W. c) the house on lot#_2 relocated to meet the required setback from Dorset Street.W�� - -- -- -- 10. There shall be no construction, filler removal of_ vegetation or mowjE2 ofW rrass within thewetland area or buffer strip as shown on the approved plat. 11. The applicant shall submit_a "Notice of Conditions" for re- view and approval by the City Attorney which will _ req_uire the deeds to _lots #1 and lots #3-7 to con_tain_a4orovisionorohibitin any construction fill, atremoval of vegetion or mowin� rass of .c.—�.�_- - - - - --._..... - within _ the wetland area and buffer stric_._ h Tis_document shall ei also require that the deeds for lots_#5 6, and 7 allow the Cit access over them to access manholes 1 and 2 for maintenance. 12. The _pro_posed sidewalk shall be five inch thick concrete and eiaht�inch thick �across_d_driveway_s without reinforcement. This sidewalk shall be constructed priorto o�occupancy of the first new sin le family dwelling 13. No zonino/buildin po� ermit.for land development shall be issued for lots #1 and #2 until such time as the access issue to Indian Creek Drive from these lots is resolved_ as determined by the City Planner. 14. The final plat plans shall be�submitted �within 12�months or this approval is null and void. Mrs. Maher seconded. The motion passed 4-0 with Mr. Burgess ab- st a i n i n � --...�..r... - - - - - --�----- - .�.r,..� r...�� 4. Site plan application of O'Brien Brothers Partnership & Mobil CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record b. Applicant C. Contact 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). ln�, y bE A v /0 t X l 4T ` /UJ%f X /O UnJ / 7`j C) r y r 15 L 0 7- 3) Applicant's legal interest in the property (fee simple, option, etc. ,��,Oozz- loz � 4) Names of 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. 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Av 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the -proposed subdivision, and include the dates of such actions: 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: . 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Logateion'ma , showing relation of proposed subdivision ,.,,t6 adja�ht property and surrounding area. ant or contact person Date K City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 23, 1994 David DuBrul 500 Pine Street Burlington, Vermont 05401 Re: Myer's Estate Subdivision, Sewer Line Maintenance Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 The sewer main serving the above reference subdivision as shown on site plan C-1, approximately 870 feet in length including five manholes will be maintained by the City of South Burlington. The City will take over this maintenance as soon as the construction and testing is completed and acceptable to the City and the deeding to the City of a 15 foot easement. Sincerely, William Szymanski, City Engineer WS/mcp PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 May 20, 1994 David DuBrul 500 Pine Street Burlington, Vermont 05401 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the April 26, 1994 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plans be submitted within 12 months. If you have any questions, please give me a call. Sincerely, Joe Weith, &4 City Planner 1 Encl JW/mcp PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 May 16, 1994 David DuBrul 500 Pine Street, 1M Burlington, Vermont 05401 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on April 26, 1994. Please note the conditions of approval including the requirement that the final plat plans be submitted within 12 months. If you have any questions, please 1 Encl JW/mcp give me a call. Si c r t (t- Z----- Jo Weith, Ci y Planner --W- _Z�-- - - ------- S-4-C-4t J�? t- [--- E- -1 Sev In--u-r 4� f "rW4,!Cc Ir '67-0-A-0- 10 -Y sit d&cv n,,-7e' f //z, /14 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 28, 1994 David DuBrul 500 Pine Street Burlington, Vermont 05401 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr T1nRry 1 ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the March 29 and April 12, 1994 Planning Commission meeting minutes. -Lf you have any questions, please give me a call. in ere& , Jo Weith, City Planner 2 Encl JW/mcp S o �La �pe- -�-,.,�. - Lam- wt-j (Im- � 3- l�fn.t /.7 r rJ /M cr I.) (�P� 4/26/94 MOTION OF APPROVAL DAVID DUBRUL r�.:<..• �. $f ,fir'�. +i f`'Yr .'Y 1 ti I�Rp ti. I move the South Burlington Planning Commission approve the preliminary plat application of David DuBrul to subdivide a 4.76 acre parcel into seven (7) lots ranging in size from 19,324 square feet to 57,844 square feet, 1001 Dorset Street as depicted on a nine (9) page set of plans, page 1 entitled "Myers" Estate 7 Lot Residential Subdivision, 1001 Dorset Street, South Burlington, Vermont", prepared by Champlain Consulting Engineers, dated March 25, 1994, last revised April 6, 1994, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Prior to issuance of any zoning/building permits, the applicant shall post a $4,225 landscape bond to cover the installation cost and value of all proposed landscaping. The bond shall remain in effect for three (3) years to assure that the planted landscaping has taken root and has a good chance of surviving. 3. Legal documents for the widening of the Dorset Street r.o.w. (i.e. irrevocable officer of dedication) and easements (e.g., utility easement and sidewalk easement) shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to issuance of a zoning/building permit for lots 1-5 and 7. 4. A bond for the sidewalk and sewer line shall be posted prior to issuance of a zoning/building permit. The amount of the bond shall be approved by the City Engineer. 5. The recreation fee shall be paid prior to the issuance of zoning/building permit on a lot by lot basis. The fee to be paid shall be the fee in effect at the time of permit application. 6. The Planning Commission approves a total sewer allocation of 3500 gpd. The per gallon sewer fee, shall be paid prior to issuance of a zoning/building permit on a per bedroom basis. 7. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of required improvements (e.g., sanitary sewers), the developer shall submit to the City Engineer "as -built" construction drawings certified by a registered engineer. 8. Prior to final plat submittal, the subdivision plat shall be revised to show the following: 1 a) metes and bounds for the shared driveways/r.o.w.'s. 9. Prior to final plat submittal, the engineering plan (sheet C-1) shall be revised to show the following: a) the sewer service for lot #1 connected to M.H. #3 and the sewer service for lot #5 connected to M.H. #2. b) a note added to indicate that the front yard setback along Dorset Street is measured from the edge of the planned r.o.w. c) the house on lot #2 relocated to meet the required setback from Dorset Street. 10. There shall be no construction, fill, removal of vegetation or mowing of grass within the wetland area or buffer strip as shown on the approved plat. 11. The applicant shall submit a "Notice of Conditions" for review and approval by the City Attorney which will require the deeds to lots #1 and lots #3 - 7 to contain a provision prohibiting any construction, fill, removal of vegetation or mowing of grass within the wetland area and buffer strip. This document shall also require that the deeds for lots #5, 6 and 7 allow the City access over them to access manholes 1 and 2 for maintenance. 12. The proposed sidewalk shall be five (5) inch thick concrete and eight inch thick across driveways without reinforcement. This sidewalk shall be constructed prior to occupancy of the first new single family dwelling. 13. No zoning/building permit for land development shall be issued for lots #1 and 2 until such time as the access issue to Indian Creek Drive from these lots is resolved as determined by the City Planner. 14. The final plat plans shall be submitted within 12 months or this approval is null and void. 2 M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: April 12, 1994 agenda items Date: April 8, 1994 3) DAVID DUBRUL - 7 LOT SUBDIVISION - PRELIMINARY PLAT This project consists of subdividing a 4.76 acre parcel into seven (7) lots ranging in size from 19,324 square feet to 57,844 square feet. The Planning Commission reviewed a sketch plan of this property on 3/29/94 (minutes not available). This property located at 1001 Dorset Street lies within the R-2 District. It is bounded on the north by the Indian Creek entrance drive and a single family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east by Dorset Street. Access: Lots #1 and 2 are proposed to share a curb cut on theL� Indian Creek access drive, lots 3, 4 and 5 and one of the units on \ lot #6 are proposed to share a curb cut on Dorset Street and lots #6, and 7 are also proposed to have a curb cut on Dorset Street. Applicant must determine whether a legal agreement is necessary to; provide access for lots #1 and #2 from Indian Creek Drive.; T Applicant should either submit documentation that an agreement is not necessary or submit a copy of the agreement for review by the City Attorney. The Indian Creek Condominium Association has recently voted to not allow the applicant's property access to Indian Creek Drive. The Indian Creek approval required that they give a r.o.w. to the Myers property along their access drive. Staff will consult with the City Attorney and provide the Commission with more information at the meeting on how to resolve this issue. Lot size/frontage: The minimum lot size in this district for single family homes is 19,000 square feet with 100 feet of frontage. These requirements are being met. Density: The maximum density allowed is 10 units. Six (6) of the lots are proposed to be developed with single family dwellings. The existing dwelling on lot #6 will be converted to a two-family dwelling. Memorandum - Planning April 12, 1994 agenda items April 8, 1994 Page 2 Building envelopes: The applicant has chosen to show building footprints instead of building envelopes. The building footprints s A meet all the setback requirements except for lot #2 which shows the house being only 40 feet from the planned Dorset Street r.o.w. `µE�o~' instead of the 50 foot requirement. The garage proposed for lot #6 does not meet the front yard setback but the applicant is seeking a variance from the Zoning Board of Adjustment. Sidewalk: A sidewalk along the west side of Dorset Street frontage is shown on the plan. This was a recommendation of the Public Works Superintendent. Wetland: This site contains a class III wetland which the plan with buffer strips. No construction, fill, vegetation or mowing of grass should be allowed within or buffer strip. is shown on � removal of,�� ` the wetland ,p The applicant should submit a "Notice of Condition" for review by the City Attorney which will require the deeds for lots #1 and #3 - 7 to contain a provision prohibiting any construction, fill, removal of vegetation or mowing of grass within the wetland and buffer strip.-^ Vil I Lot trees: The landscape plan shows a total of 16 trees to meet n the two (2) tree per lot requirement. The trees along Dorset Street will be staggered along both sides of the proposed sidewalk. These trees have an estimated value of $4,225. Private Roadway: Section 2.022 of the Public/Private Roadway Policy requires that "all private roadways shall be a minimum width of 30 feet with parking and 24 feet without parking". The plan shows a 24 foot driveway width which is adequate. Sewer: Sewer allocation per gallon fee will be zoning/building permit. Other: needed for this project is 3500 gpd. The required to be paid prior to issuance of survey plat should show metes and bounds for the shared driveways. V, l Memorandum - Planning April 12, 1994 agenda items April 8, 1994 Page 3 --- sheet C-1 should indicate that the front setback is measured ILA from the planned r.o.w. --- applicant is reserving a 17 foot strip along Dorset Street for dedication to the City for widening of the street. This is shown on the plat. --- the applicant should submit a copy of a "Notice of Condition" which allows the City access across lots #5,6 and 7 to access sewer manholes 1 and 2 for review and approval by the City Attorney. 4) MBL ASSOCIATES - SOUTHEAST SUMMIT RESUBDIVISION - SKETCH PLAN This project consists of the resubdivision of approximately 51 lots and relocation of the overflow and RV parking areas within the previously approved 221 unit PRD. This project was approved on October 12, 1993 (minutes enclosed). The purpose of the resubdivision is to comply with requirements of the state Water Quality Division to minimize impacts to the wetlands and buffer zones. Access: No changes proposed. Density: No change. The project will still consist of 161 lots and 60 multi -family units. Lot size: The lots involved will be reduced in size and/or relocated. Applicant has indicated that in no case will any lot be reduced in size to be smaller than the smallest lot previously approved. Recreation path: The recreation path along the east side of lots #1 - 8 will be slightly relocated to the west. Parking lot: The multi -family overflow and RV parking areas are being relocated. These two (2) parking areas will be consolidated and moved to the easterly portion of the multi -family site. 3 Memorandum - Planning April 26, 1994 agenda items April 22, 1994 Page 2 Third, if the City submits its plan now and it is approved, there will be a six (6) month period between the 1/l/96 date and the date by which the City must update its plan (i.e., 6/30/96). Therefore, if the City doesn't update it's plan and get it approved by the CCRPC until 6/30/96, the City will still be able to levy impact fees and be eligible for planning funds from 1/1/96 until 1/30/96. Enclosed is a memo from the CCRPC which describes the regional approval process. 3) DAVID DUBRUL - 7 LOT SUBDIVISION - PRELIMINARY PLAT This project was continued from the 4/12/94 meeting to provide the City Attorney an opportunity to render an opinion on the access issue to Indian Creek Drive. It is the City Attorney's opinion that Indian Creek must provide the applicant access to Indian Creek Drive. Since the Indian Creek Condominium Association has denied access to the applicant, in violation of a condition of approval for Indian Creek, the City must bring an enforcement action to obtain compliance with its approval. Staff recommends that the approval include a condition prohibiting the issuance of a zoning/building permit for lots #1 and 2 until such time as the access issue is resolved. 4) O'BRIEN BROTHERS - ADDITION AND DRIVEWAY - SITE PLAN This project consists of: 1) constructing a 2,184 square foot 2- story office addition to an existing 6,078 square foot building containing 4,390 square feet of general office use and 1,688 square feet of drive-in bank use, 2) constructing an additional driveway, 3) expand parking area, 4 ) construct a new curb cut at the adjacent Airport Mobil lot to Kennedy Drive for the additional driveway and 5) eliminate the southerly most curb cut on the Mobil lot and construct a connecting driveway to the proposed office driveway. The Zoning Board of Adjustment (ZBA) on 12/13/93 granted the applicant a variance to allow the front yard coverage on the Airport Mobil property to be increased by 6%. On 4/25/94 the ZBA will hear a variance request from the applicant for an additional 3% increase in front yard coverage. The existing office building F STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 OF COUNSEL PATTI R. PAGE* ARTHUR W. CERNOSIA ROBERT E. FLETCHER DIANNE L. KE:NNEY (*AI.SO ADMITTKI) IN N.Y.) April 25, 1994 Mr. Joseph Weith City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Indian Creek Subdivision Dear Joe: You have asked whether the City of South Burlington has authority, at this time, to require the Indian Creek Homeowners Association to comply with a specific condition in the subdivision approval granted by the South Burlington Planning Commission in 1981, approving the Ridgewood Estates Subdivision. The specific condition at issue obligates the Homeowners Association to allow a specifically identified adjoining property to have access to the private roadway approved to provide access to the project. This condition was set forth in the motion approving the project (see minutes attached) and was noted on the final plat. Issues regarding the validity or appropriateness of this condition should now be beyond challenge. The Vermont Supreme Court has repeatedly stated that the exclusive remedy of an individual dissatisfied with a decision of a planning commission is to take a timely appeal. Since an appeal was not taken in this case, issues which could have been raised in such appeal (such as the validity and appropriateness of the condition) are beyond challenge. Another basis for challenge, where an appeal has not been taken, is that the homeowners, as successors in title to the applicant, had no notice of the condition. See In re Desautels Real Estate, Inc., 142 Vt. 326 (1983). Based on the inclusion of the condition in the motion of approval together with the reference to the requirement of providing access on the recorded plat for the project, it is our opinion that this argument has little chance of succeeding. Mr. Joseph Weith April 25, 1994 Page 2 Please let me know if we can provide further information regarding this matter. Very truly yours, 7, Steven F. Stitzel SFS/mld Enclosure SON50E . opn APR 11 '94 Uo:15 CITY OF S BURLIHG-JOH — host-lt'" brand fax transmittal mein^ 7671 os Pages ' + 7v h Go. Co. T[ SE'pTEMBER 8i� 1�1 Phone N Aepi. Fax k Fax the sidewalk on Shunpike R4$d. Continuation of revised final • let a ligation by Ri.d_ �HWOod Estates navwl,anment. Inc._, for phase TZI 5 Unita of Rid ewood Estates Mr. Spitz said the two major items had been fire safety and the right of way to Economou. There gars a meeting between the architect, fire chief The turnarounds next to the and pl�ar- �-+�_oo*proM1se was roached. Twins end them will be garruaa will be shortened to 10 to discourage paof connections between each dbad-aed dossed. mThey will be gloved ihtthepwi.nter. topsail over them, which will na Wordimg will be added to the covenants to insure that tThefCommission will be constructed, maintained. and repaira if constructed also maka a requirement that the lanes be constructed and maintained. Mr. Poger expresae3d concern about enforcement regarding the fire tained.ned. Fie felt the suggestion was a good cosstpromise, if the lanes were main As far as the Eaonomou access, Mr. Sppitz said id the churchoegg had been contacted and a discussion is underway. 60' vide strip a,nd it might be partially on church land -and partially on Ridgewood land. Mr. pitzp�,trick asked th&t if part went n Rhdgewoodareailatd, there be a waiver of the unit aotbackrs from .tha-r ud, ntno Mr. Poger asked what aize the road should bo and Mr. Mona felt it should be 30' wide. Mr. Woolery asked about asking Eeonamou, at a later date, to make some financial contribution for the road, which benefits them. Mr. CoiU4 felt this would ba a good�addition to Ridgewood. Commiareion approve Mr. Woolor�r_ ,_ - -- -- snowed that/the South BurinrL _ -mAnino f 59_. unite ass -= the final plat application t` 2tidg�xooci l,statata.c nuiHt -. -. ----t _--- _L g- -- de icted pn a 10�+e set a��lan___�_Pls?! one stttaciatetta dntedlJuipx19f3�vood _.__�__.____ EatateeL_nra red_b I�itzTatrick�Li oxallyn-� ao r v •- and stamped September 8L lyEil. nsubfeat'to the following xti let ones 1. All plena shall bg stamped by the project enginet►r. 'V 1 frnm f:he city water 2. The a ligation shall reoeive apyro a_ prior tp irssuence oY the first buildin�m5 pert. 3. itiahtts of Kay aha11 be granted to the ad; irties, and be marked on the final plat and a: A 60 foot wide offer of dedication for a o1,»ttinit Economo ,cent Robenntei.n and cif street to the north shall berovided. ii tiac3sao �a•.•.� _ -- --_- _..- _ _ - Property then . th___e __6Q f p°t sitr_,i Shall b+� prow dad entire_l� across the Ridgewood propert and rovii00d laxsa must be submitted for approval" 5• building Y,QT� t _Zay be issued for Cluster 2 until. all offers of dedication i'or the potent al street conzaecion�conosnou proirty have been submitted. ),e,l docuasento - including •pedestrian and utility easements,_ f-or Uc-1. 1%:1 ,,it to and ro seed aowe??, a be ssubati tied to ,and apprc►ved by the city ator'nsry pxiOr .tQesuanaa of tha first building permits Cow®rants shah rspe+cifically include provisions for ApR 11 "94 o3: 16 CITY OF S BURLINGI C)H 5. PLANNING COMMI3SI0N gEpTFMBER plowing, maintenance and repair of fit®.access lane$, 7. A landF+ca in bond of t0 000 ahall be provided. oantahali cotion of the Mawon_thv n g. Thi westerly side of Dorant St. gnd shall aoreen the racrcat_iongl vehicle mrkin area, as agreed to ir�_tho l�atte'r fromthy► p�oA�oct on sneer, Doulab Fitzpatrick, dated September 7. 1981. 9. A revise_ d final plat 0hall be sub%itted, incorporating required chatgas from stipulatiana 1, 3. and 4• 10. This approval expires in 18 months._ Mr. Levesque seconded the motion. sir. Spitz said Mr. Robo"tein had agreed verbally to .relocate his driveway in the next building seaeon. In stipulation 4, a sentence stating that no building could be closer than 30' to the potential. street was removed. If a waiver is needed, the Co on rill have to approve it. Mr. p z said the oxtsa ocation of the Myers right of way did not hive to be fixed at this time. There could be a note on the plan regarding it. --,..,The motioa.carriod una»imously. It P1040�qy. ��Ess To �3� PRo v1DE� W �oTq RE lua 6 GAr-, 1, o (4Tl4)A1 To (6� CST\/ It -M/ 1/7 PAP bE l��T41'h71�1E � MYERS9 ESTATE 7 LOT RESIDENTIAL SUBDIVISION 1001 D ORSET STREET SOUTH BURLINGTON, VERMONT LIST OF DRAWINGS MARCH 25, 1994 RECEIVED DATE REVISIONS APR 0 G 1994 City of So. Burlington PROJECT ENGINEER: CHAMPLAIN CONSULTING ENGINEERS 128 PRIM ROAD, P.O. BOX 453 SUBDIVISION PLAT COLCHESTER, VERMONT 05446 2863-8060 LANDSCAPE PLAN �"a' t� T 864-1878 FAX 02� Cl SITE PLAN ; �— - --- _: ,� irr® s'. h 4 C2 SANITARY SEWER PROFILE �_� "" "' �...`� cr- C3 DETAILS � — `� OWNER: DAVID DUBRUL c4 DETAILS -f..• -.�'� �` \� 500 PINE STREET " �• •{�_�' �'• "'' y BURLINGTON, VERMONT 05401 C5 SPECIFICATIONS 4 (802) 658-1056 C6 SPECIFICATIONS LOCATION MAP N.T.S. • EXISTING BALDING �{,'/1 MH5-EXISTING INV. IN O 3422' EXISTING BUILDING NOTE: EXISTING e-DIAL WATER SERVICE- '� EXISTING 18- FIELD VERIFY LIOCAMN k DEPTH DIA. CULVERT PRIOR TO INSTALLATION OF SANITARY SEWER BUILDING ELEVATIONS LOT NO. FIN. FLOOR SAN. SEWER INV. OUT 1 351.0' 347.13' 2 353.0' 349.13' 3 355.5' 347.83' 4 357.0' 349.33' 5 359.0, 351.33' 6 EXISTING 351.43 (MIN.) 7 363.0' 355.33 r' INDIAN CREEK CONDOMINIUM ASSOCIATION INC. VOL 181. Pa. 295 J RE1ER TO PUNS BY FITIPA1NOf I4 IN N LLiRELLH ASSOCIATES 1 O 22 - F RECORDED TIED N MAP v n3, T ANT PAGES 53, 91 • 92 e � I _ .[7.r cc ) POLE '� I a I 719/PORARY SILT FENCE, TYP - LZEv, is ANTI�SETP RIDGEWOOD ESTATES DEVELOPMENT INC. / I COLLAR, TAP. sm PLAN BT mFD KGERWER L. EAP vox ,U Pr ] 35 DIA SbR e L X 120' 0' LO T NC i h( o NOTE TOTAL WETLAND AREA yY , f _ - ♦ 3Wa es \ 49.000 S.F. PROPOSED 1.1 AC. +/- -p¢SA' / / 15' SEWER FAqMFWT i PARK/hG AREA 1 TYP, / i -•\T3 • / / 1p6'S '�'4 1 / _ ,T ��+. //EDGE / •aRe.d ,� -� 3' STAB . TURF, EXIST. SHED "\ ;-- - � � __ LOT 1 O / i Y" M 4 �t \ nw Ac _ asz9v 9as6 y��. - LOT. � ,a 49•� \ 4�1 . or a' T E 2.4'SMes Acr V �56i� TYP. 1. . . T / _ . COT PROPOSED 4 A � LOT WE_"'• °- LOT.. ® SDR-35 PVC SEWER • • 0,473 AG ` • - • VEQTA e1i11 e�sllur AROUND _ - �' r LATER 1YP. '7°° P' 20.9m sr. LOT IV . . . ]i Na AC . . . ',_ � r t � ! 19,az♦ S.F. ` . ` . ` . ` . • . _ _ • ' .LOT ` . • \PRGPDSED 8' DIAL SDR-35S - - - R • . eaa sr "`� PVC SANITARY 2 COPPERp 1 A . . i \ . . . \ . ... . IEIAPARABA YROW VALVE. yy WATER SER ; . ♦ . • . y . ,'. • � �� `�--� AST. • SEWER N ICAI GATE • TIP_ s aTy \ r �� g - s Y • - / 1p 1A R N 31 STABILIZED °' L REnro'i ,S " tL S g.+ TURF. TYP. 1M EXISTING 30• DIA. CULVERT - INV. IN O 335.9' EXISTING 8• DIA. WATER MAIN -FIELD VERIFY DEPTH ! LOCATION LEGEND IRON PIPE FOUND IRON ROD FOUND FRF FIRE HYDRANT 'P WATER GATE VALVE POWER 8 TELEPHONE BOXES °0 WARE FENCE -�'--� CHAIN LINK FENCE -+--+- POWER POLE STONE WALL/FOUNDATION SILO FOUNDATION TREE (PROPOSED) SINGLE FAMILY HONE (PROPOSED) SILT FENCE BARRIER SNOW FENCE BARRIER BALED HAY EROSION CHECKS ...a RELOCATE EXISTING INDIAN GREEK MAILIB. NOTE USE OF NDIAN CREEK DRIVE AS PER AGREEMENT BETWEEN OWNER AND INDIAN CREEK CONDOMINIUM ASSOCIATION, INC. WIWAM AND EDITH ROBENSTEIN va 106. PG 269 �'. 2 SUGAR MAPLES Epl� STIR-ss CULVERT �X] -LONG - - MAILBOX LOCATION. . APPROXIMATE ro RELDCATE EXISTING a �N INDIAN CREEK SIGN PER LANDSCAPE PLAN PLAN NOTE MAINTAIN ,• DRAINAGE SWALE 11 / i fpP ALONG SOUTH 9 INDIAN CR _T. - 12' PAVED , 5 C STING RESIDENCE TYPICAL .lO ' 1 TO BE CONVERTED 5 A DUPLEX Ti 3. ,•� 1 ��.. EXISTING OVERHEAD UTILITIES -RESIDENTIAL 1 I TEMPLE SINAI INC. UNDERGROUND SERVICE CONNECTIONS AS I M 1- DIRECTED BY THE RESPECTIVE UTILITY 1 CONTINUOUS BALED EROSI ( ,.. �.... STABI fi ,,, "�' ld•�o1w 3- g.5t EXISTING 16' DIA. ECKS _ _ TURF, TYP. = L'�/ ; HYDRANT WATER MAIN -FIELD VERIFY r _ _ _ 12' PAVED - - �� / FUTUREWIDE TYPICAL - - TIP. GENERAL "Ulm GENERALLK \ * Y CIF 15• SDR-35 1. RRS STE PLAN WAS DEVELOPED FOR PREM NARY PLAx REWE. BY TFE CITY OF SOITII 8TM91GTON. 1pYORT OW.Y AND 6 \ ° PVC CULVERT X NOT a�iBOUNDARY Y. PROPERTY APPRON&SAIE AND ARE / 6 5O'+/-LONG, TYP. FOR REPENOEE Y. AID NAY OFFER AS 6 DISCLOSED OR A WORE MAMATE PROPERTY BOUNDARY LLVEY. \ \ 2 1/2• (MIN.) NORWAY -- yi - ,1 2 PETWREIFAt PROPERTY BOUNDARIES OFPTCTFD ARE BASED ON LEE 'IN& MAPLES, 14 TYPICAL `0p J MAILBOX LOCATION. PROPETITY LALEY TITLED PLAT OF TOO DOESET SBEFr REInSFD 12/21/90, PREPARED NARX \ - - ' APPROXIMATE LAST BY Y. WAN. LS P M4 OF AD NOLT LAND SU1KlOtt SOUK BLMRNGfOI 1EIRIOIT. \ - -� All APL.ES SANITARY SEWDR 1 DESON FLOWS, HYDRANT L .r r + 1 TO REMAIN A) BALDING LOM LOTS 15' SDR-35 SITE 1 SITE PLAN 6 X 3 LL X 150 WAR - ZM OD - - - PVC CULVERT X 1- 40' LOT eQ - ' 50'+/-LONG, TYP. s sE (LVLEXT X LSO O'DAR - 750 G D ,366 MAILBOX LOCATION, Graphic Scale M - LOTS 3.450 OPD APPROXIMATE LESS I= LOW FIKIMES feet LIeTOTAL - Lars m BALED HAY 40 0 40 BO 120 160 e) W� mAT,ON F EXISTING B• DIM. GAS EROSION CHECKS, Rr CIA X 670 LF X 300 OO/N OAALE - M M MAIN -RESIDENTIAL TYPICAL TOTAL Gx9oN FLOW - 3500 GPD CONNECTIONS AS L WgwUAL LOT GRAUD PER MOM LANDSCAPE PLAK DIRECTED BY VERMONT GAS 'VFD APR 0 6 1994 of So, Borlingto" ,. PLD.Ecr DESvoR1ON: TIE SUBORN9ON Or RE Ltd AOE YERS MAX WNTD SNE. (T) slaE FMLY RESIDENTIAL LOTS.TIE EASING SNnE FAIRLY IIOE WILL. BE ADMAIED ARD WE510RD M A TWO FATLY MT. 2. PWJMT NOTES a) OWNM CAM DLBLA s00 PEE STREET LM•OTOL WONO T 015 0 6.) Zo, O61LCT: RESIBERRN. 2 PER ACE (RZ) a) 0�6T Y AoAClY BEES. WWIRAL ADOtORnw L) ALLOWABLE LOT 92M LOT AREA - 19.000 S.F. (5•BLE FAALY). 22.000 S.F. (1110 FATLY) FRONTAGE - NOO FEET 100- 01KONT YARD g1BAON - SO FEET 1W1YB SIDE YARD YIBAO-10 FEET 1EYB REM YARD g1BAO(-3O FEET WNIAN (10 FOR ACCESSORY USES) a) ALLOWABLE LOT fAvmAQS: BIRDS - IG TAA,RAIW BURDNGS RARROM d/15EX STORAGE - 406 X CONTACTS 9Rma= DA,D otmi 500 PINE SOFET summo ON. EELDIA asw (ELM) 6Y-'aw PROJECT BIOW®e - OLAMP ABI CO SLLTN9 DRiM11R5 In — ROAD. P.O. BOX ISS COO ESTER TENRONT OS♦M CORACT: GREG FIOBARDE" (m) w3-FDBD L BY":0.B1M5 n6 COPYRIGHT Q 1994 OM PIAN CU9LIM F)IVED ALL RIGHTS RESERVED .Zw' ter. a W w z_ GL7 w ox GOom F oomm ri R oe z Pao U 0 W g F z w � a U� W W D7 �p C RD-7 LRB G,B SOALE NOTED DAIW 2/17/94 94102 C-� - 6 a•1ttl,TW LL�`KECCYNyyq�rY �F h• m 0 I� r r 1 H=,-0- e I 1 I qpQ� 01 A' 7filPLESAI(4/, AIL; 12X. /99, PC /27 LOT 7 39, B77 SOFT 1 0.974 ACRES A A� b r — —L ' b0 e M4QV ROLI FD/.II1J • !Rf M4OWP/FEPDUIO • RMP9PE 70 BE SET O COiWW7FMLit0AENr 7D SET O PRO�RTYL/AE -- - "LCLQA= Pau 7 R/OGEIIVa9 ESTATES aFkFL 6RAONT AIL: .SEEPLANBYFREDA-a1R1ERAL4P YtX./= P67 agly RID�EWoo _ I4 GRAVEL t PARKING AREA !�`c'GE-rA7E� ... 9B,gB. • 4 w— 270.64' T • /0000. 2.�i�' _ _ 56'/ -� /42.34' _ ( NB4Y5'IY 4 - ._�� J' 35.6' MF7ZA04OS- o VEGETATED BLFFER S7Rh' LOT 6 57,944 SOFT. 2.� 645 SOFT W I. I-W6 4Ch1 S � ^ O.S89 SOFT. ` m EA's71'IG h 2 �� PRr1�SE0 /AFSJ/T Li`114 _ _ /7" 70dl�A''AC117ED 7O 7Ja 20000' _ _ /OQOO --S 0675247- �— .. ,.� LOT/ 79 4/6 SOFT � s \ 0446AGiaS ti i / w 0-- / N EASEMENT I✓ Ni Ni.. LOr4 } LOr3 Q567ACAES ^ 0. 4734CAFS ya W h O h BU Q7YA'S0. 4UW76N I?�/00-00' /0000" _ _ E` WSMV ~T a' WAr 744.22' c P�Rrr.vrowN�MVGcar.zavAPLavE7vnrzED iYANS%A7I>�Y!'HS1�2SE0 PLOT SLB-aY MYERS RRa ERTY, aWSET S7REET, .r0. BLRLW67AY, 1 r BB AC - L747ID SEPT. /9B3BY 1YARRENRY.t4EN57F/N�CQ40ED AV NX. /66 PAGE 4/ 0- rAr SQ BI.RLAW7UV LAAD RECOW5 SW LOT s 2 CCWTAMVAVG f 4. B ACRES 2 99rq- RTY SAtV V O#AEVBYAR4OaW /Y. BFR4ACISS. MYERS.4Ad9/SA,IW77M LI- l Q'. 20, PG /06 a-ABOIEAEN77Q1EO LAAC R--06WS 3 REFER 7OPLANSA9)-O ALA/NCQVSGL77AGENGAEERSnWU77LI77ES, COW7OLRS AAV EAU.NEP79N4G LITA/LS 4 TOTAL AREA QrL 075 70 7W EX7S7AG A)WT LK IKOY a, P a75ET ST. = 4. 76I.4QFE5 SCALE _ //ACN = 40 FEET 0 20' 40' BO' /20' /60' 200, IMW" 05FEK CO1tXaWMMS ASSOC/AT/GW hW. VOL. /B/, PG 295 REFER TO PLANS 9YF777ROWA=LLEWELLYN,4SSOC' REC040E0 MAP V L. /74 PG5191492 V 06.4550 0' _ _ 65.84' - \ —. — /34/6'— LOT,? ti 0 /9324 SOFT w J'�0. 444 AQFES u 'I� t I _ /4422' 6 'r 0- } 06 STREET N 06�200 "IY 174.92- TO LR.F / CERIFY 77XSPL,4TL4B45ED S�pF VEipVo L#-M.4 727ML STA770VSLRYEY, Wac 4� EXIS77AG F7ELD EYA-A-AC4 MMO RESEARC.IJ PLANS AS At77ED www • A61OVE, - 4L wa r •eo��oE GhUsu�` —7 c.4 V (GiQ.J WILL/AN B ED/TR ROBENSTE/N VOL. /OB. PG 269 LOC47"VM4P RECEIVED /RR 0 G 1994 City of So. Burlington PREL/N/N,4RY PLAT OF SEV SNL OTSI5D/!OS/ON OF MYERS' ES747E OWAIEO BY.- 10411/4? DUBRUL /00/ DORSET STREET SQ BURL/NGTOAl , kERNONT O WAMOI �LL�s�• ys• h• �cg 1� w iT I� N9Eb H 01 a' IEAA°LES/NA/, Alm _ ML /99, AG I27 LOT 7 39, B/7 SOFT ' 0..9/4 ACRES Sa b r b3 bo 2 /RtiW Aim fDCAO • LRF. A7CW f'YPE fDLAlO • A4L7VfYfE IO BE SET O CAN".RE7FAR7MAiENT M W.V-r O PAYXERTYLA F "LCL(A7ED Pawn R/OGE-#VOD ESTATES DEYEL L191#fWrIAC ME`PLANBYFAfV AZFRrifRM4P NXl5i, PG7 pRIVE RID6, W, - 4 GRAVEL P,4WnNGAAE.4 4 clfr4 E Aim-"�'•t�0 • . • 30" OE7ZAAVS ,f . _ YEGETAIEDBLifii? SS 1P - > /5F7. SEN£REASEAENT LOT 6 LOT 5 LOT 4 57,B445o.Fr. 2564 5 SOFT.67 SST. h L32B AO&IS b , 0589 SOFT b Q56'7ACRES l200.00' _ —S 061524 f DEG!?SET h /7"S7R/P 7D�QEAf..47ED lD 1j /0000' ilk b 2 I I N 84'15" w 1 356' 3 LOT 3 io bpi iT .. 473 ACRL S t� 0 h � m 2 dTY ALSO. BU4LAWTQN /0000 _ _ /0000" EX/� AWT 0' WA 74422' NOTES L W6FLW7r ShONNBEhWLoro2GWAfYANEN777zfD"RLA4,shvY Ayaos,EO PLOT SL.B-LYY A/YERS fV O'ERM OQRSET S7NEET, SO. AMLAWMV, YT. B.B AC ` A47ED SEPT /983 BY W4M9ENR6i9ENS7ZW AECOWEV AV AX. /66 PAGE 4/ Ar ThE SQ BMW 1W7AV LAAV AECaW S S4/O LOT o 2 MKAMW ! 4 B.4CRES 2 99tVfR7r S A W OMREDSrA3;4Da-1 W 8FRA4C/SS MYERS.4AV ISAfYi977CW Q' kU. 20, fG /06 A'ABOYEAOFN7)MED1AW AECOW5 3. REFER 7O PLANS BYCHAAMLA/N CLWSU 7AW EAWWERS fW 1177L/77ES, CLW70ZRS AAV ENG/AfEAYNG AETA/LS 4 707AL AREA A''L 07S 70 7hEEX757AW AY&YT A' WArC► 06WSET ST. = 476/AGPL-S LOT/ /9, 416.A2FT. 0446AOAFS LOT2 /9, 324 SOFT Q 444 ACRES /4422• STREET / CV" CREEK ASSOa47)0V AW.. KX /B/, PG 295 REFER TO PLANS BYf7T2PA7hKCX-LLEM£LLYNASSOC REMWED AMP KX. /7J P65-T 9092 N A6"52O07Y /7492' TO LRF -- IYILL/AM B ELY7N RML6NSTE7N KY. /OB, fG M.9 I I I/7332' 7D Li4F � N016'0525"IY LBf /rDM-Y 77WSPLATLS BASED �OfV 1090VA TOTAL S7X7CW51RYEY, EX/SM FIELD EYCI`AC[ REED • v. AESEARU4 PLANS ASAW7ZV r11D ABOVE. yt1 *t 4N0 s L 0CA77LWAW RECEIVED ;-PR U r 1994 City of So. Burlington PRELIMINARY PLAT OF SEl7ENL OT.S(.fBWIS/ON OF MYERS' ESTATE OWMS9 BY.- DAV/D DUBRUI /00/ DORSET STREET SO BURL /NGTON . IMERMONT 5C4LE= /MCH- 40 FEET 0 20' 40' AKI" /20' /60' ?00, nor,/ lvpvic cu - prn�orbt� Lrrtr✓ — �e9G' S t ems, --- ----- { 40 it�Grtn iJsti i c-4all M--.a ' 14- HDYWGlr Ka.� I-' A'or0�iG;i �,j� xsnior6e, �rot� �-teci .I Oil \\\\ off+' ;•• • � �, s,e.- �•.;•- :sat r ! ads+�•�; ��•� ilk imps � ••w�� G ' •••ice s i a a t L i s t ®her cmovo■ N— Batriol Nave siw bpedriuti� 4 Norway Maple Am Pkm—des' Ea e:AW Quern' 2 12"-3. B&B m.kcbed sp-- Super M.ple A¢r S---..�,., 2 12- 3' B&B xey pwrobaiw, Ql xisungtrec g' FuiureSckeatatiett¢e4ng ti APR 0 6 1994 City of So. Burtingtuti ti _M Y E R S' E S T A T E i corset Street S0U-th $urlingtOn O �J �.--a n d s c a p e P I a n Kt—a,� 3/22/94 5taI a 40' Md~�~ ]6+ 2 0 F VI .� 063 INV. IN LOT ® O ELEV. 351.33 >� 3" sw 0+00 t+oo ]+00 3+00 4+00 5+00 6+00 7+00 6HX1 MOD t040D INV. OUT O ELEV. 34246 NOTE: CONTRACTOR TO FIELD VERIFY THE LOCATION AND DEPTH OF EXISTING 8' WATER LINE PRIOR TO START OF CONSTRUCTION SANITARY SEWER PROFILE STA. 0+00 TO STA. 8+70 SCALE: 1"-40' HORIZ_ 1"-4' VERT. APR 0 6 1994 City of So. Burlington N M NOTE.- RAKE. SEED. FERTI REVISIONS BY 4 6 94 FINAL PLANS G,B COPYRIGHT ©1994 01FIPlAF1 W16711113 B1MFF% A REVISIONS I BY WM 4' W. SDR 35 PVC SEEN LINE M W. MOPE - 1/4' PER FT. END TO E PLUGGED ETH A 4' PVC NATENTIOIT PLUG AND MARKED M/3' X 4- BOARD ExiF3pNG FROM SEER TO 6' w ABOVE M9H GRADE PLAN ! - 32 1/3'UR 4SEIBON ROTATED AS EOUINED J RHGD PQ VS T (R6 TON) �PrEi CONA:IED NOTE NSTYL AMEN COVER SAID Fu �g6 MESS TNIW s._o• n INSULATIONEDWE AIL N.T.S. r 4" W. sp+ 35 PYC / SEER SERNO 4S'MR N SEWER YNi T��I JyI�L. u III��-III-III=Y��- ICI III11y'�II� ElEVAl10N n SEWER SERVICE DETAIL N.T.S. MO 6 l YOIRD 6I�A P 4' MORE IN ENTERED BY PFA SHALL RE SEFRD OR OR TO THE AM AS DF REPOSE DARNED BY a REP .O.iH.A STANDARDS O Qo ._QI OO p Q O SELECTED BACKFLL FROMH TENON "CA.- }1 THORGNiRY COPACIFD 34' FGH D.L 8[ I� 1Y6l1F1S FOR D: PFF 1,COMPACTIONOE FLL AND IMDONG ` O p 91VEASDE5TERN, EDOGRr BY THE �-I STANDARD PROCTGt TEST. BEDOI G YATEMAS FOR PIPES p -. SHAL E D OGWSoR 3/4FE4" AOESANDS, Q MAX. € N S 1 N TRENCHES WANSTANE WTEW.LLs. THE TRENCH BOTTOM SHALL E -1 STABHU3ED BY FABRII 500E AND 6' CRMTSED STONE-3/! MAX. Q p 4. PAW PATCH TO NAECH FJOSNNG Q - SECTION i A YET TRENCH SHALLE OEWATRED POOR TO INSTALLING BEDONG. D 6' FOR lR119ED STONE — 4' FOR SAND THOROUGHLY COMPACTED SARD - FOR D.I. PIPS, GRD$RHED 510E UIMORYLY OIADED FROM PK OR PRE AS D.I. 1/4--3/4- FOR PVC PIPE EOUINED .. _ E 6' FOR sT01E AID SANG IEDIsT1RED SOL OR ROCK TYPICAL TRENCH DETAIL N.T.S. ACCESS OPENNG ABOVE ACCESS STRIPS PRE -CASE CONCRETE MANHOLE M_ CONGER BENCH - SLOPE TO CHANNEL SMOOTH TRANSTION OF OPEN CHANNEL NO SHARP ETNDS }---oc� - OF — PLAN MANHOLE FRAME E COKR NEENAH N — OR EGAVAtENT SET FRAME CASTING ON RLL YGITAR BED E SEAL —1 AWAY FROM NIINOIE .-AR As REDO. TO ALMMI,M MAMIGE STEPS AT 12' O C. NEENAH R 1N OR EOOVAEM - SEAL ALL ETCENOR OLT O NTLI& 1T NTH GNWF OR N EXTERIOR RC ENTIRE COAT E]CEIRIOR E EN1TRE YNEWE NTI NAIER PROaFEG YAIFAAL. CONCRETE FILL TO MKREV H]lO1FN OF RIPE YANHOIE NOTEi 1. FORM !N 4 T TO SAME RA AS LARGEST PIPE LEAVING MANHOLE ALL NWRES Tq E SMOOTH E TRAMSTNMS No sNAFR BENDS -mm, 3. NLER E DUVET NPES ER 1 AIt®IO R R NANHRF NTH A CONNECTION N ARRANGEMENT RNE MAENT THAT CONNECTION QZ ANY MIENTXINT CI, - AN ARANI TO THAT ALLOWS DFFERENTK SETTEMETMT d" PFE AND YANHGE ro H)uIIR- n TYPICAL PRE —CAST CONCRETE MANHOLE N.T-S. NMKTAEE NON GA6 BOX WEND MANED 'NARK' PAVED fN91 ON10ENOTE, Y�AY E YAE ORECRI TO OICTLE ELOI CAP N UIPAYED ALAS) NON PIPE NTH OTHER PIPES. USE BIER A COUPLING CONTANNG A FACTORY -TAP"" INI BUSIND OR USE A DOUBLE STRAP E SERMCE CALIF HST- A fXJ(ISE EC( LOOP - _ADAISTANE NON ON® BOX MARK YAN FOR NTOE CWMECTCH F NO SERWCE LEE INSTALLED IF N 3/4' TYPE -K 4' X P X 1F SOD CQIDEE BLOCK + jZ COPPER SENYQ - OR AS SHDNN ,RDISTNBED SOL CH PN i • CORPORATION �a`IF�j�I€ifj� sroP n WATER SERVICE CONNECTION__ N.T.S. CORE E SEAL EDSTNG YANIGE NST RT RFIOHE NARRTC T CONNECTION MIJW SOR-35 -TARP seMER rAIN SECTION A -A CPE AND SEAL EOSTNG BOOT TO N15. NSTALL ACCEPT NEW B' A. ROw N (EX -) —ARY SEMEN MAN NV. • ELEV xZ]' NEW Be* GA. OR— SDR-35 SANTARY SERER SEWEN MAN RE-FORM q>NtlETE BENCH N A EDS NEW ' A AFTER MSTAWlION A 6 NCx J A. 9N-33 PVC ROM N FROM —.. SElpt PAIN MEW YIN - NV. IN E1Ev. x22' COSTING MI AD.YCENT TO NDIAN CREEK W. RN N EIEv. x6.r IN N • ELEI x22' Nv. GUT P E,Fv. xz.D' Now-SLtMc GOUT EX151wG GiAMn AS RECLINED WT ROW OUT (ElOS1ND) wv. 0 ENEv. xzO PLAN mm EX1snNG YN-5 D E Iwo FOR MATERIWTIEW ArVER 1YL MEW MORN 6 mIPLETIOL 4 MH-5 CORING DETAIL N.T.S. APR 0 6 1994 Cif of So. Burlington ®MUM -4LL NO I=EF. OO�OI NINE �R r Wain IW IEMELI CRREEEP'N. RED FE— 30 - 40 ssx KEN1UO(Y NLEGRA55 3D - 40 eox PEIEIMK RVEGRA55 0 - ]0 N4 NED TOP o - 5 eSx /HEA@d - 1m = FBI NEO E- SPNwG sxnlwc FALL SQbC NEE -MAT I TM V. DOLO MOT LESS THAN GSx OF THE TOTAL CARBONATE 44 =-- APPROM TiTPSOI iIIBB rEaH �f WD PBI tmD V. EINIBNRF HIINNMFH //O A�FMN W >�E THE CONTRACTOR SHALL E RESPOMSELF FOR THE CARE AMD YANTDUNCE, NCLUDNc MAIEANC. OF SEEDED AREA UNTL THE SEEDNG 5 NSPECTED AND AGEPTED BY TE EMIiE£R. NSPECIKM SMALL E YAOE AFTER TE SECOND YOMNG. TE CONTRACTOR SHALL NO- THE ENGINEER M NOOKS N ADVANCE MHON THE SECOD YOWL 6 SCmLAED. RESEIDNG SHALL E DOE LINn ALL YEAS ARE COPtETELY COVERED ETH A III STAND O' GRASS. AN AREA SHAL E CONSERED COWED MEN THE OR SINFACE CONTAINS A wGORWS STAND 6 GRASS YEAS THAT. N W O . OF THE EMIXNEGR� ARE NEDOM I NANT-r WEEDS SHALL E TRIED. FIE GRADED. FERTLI AN) RESFIDED N THE MANNER SPECIFIED ABOVE %1 SITE RESTORATION CLEANGUT SHALL E THE PVC CAR-FWSH W/ SAME WE AS ESPECTw: FYaSH pUE FNNSH ORAOE PPE. I .. .. ) J �--- scN-35 PK PPE �--� w 1e'�—y-O• 15'KMD (IMP.) CASs b' CONCRETE 2 DEEP FIFNEE LOIIPIl1G •R (IMP.) P ♦. - SELECTED BACOILL TROY TRENCH FSGVATDN —$ TYPK.LL TRENCH SECTLN _ ♦ i •"� 1 _n I DEIAL FOR IIACOYL YATFIAS [ 4"M14 Fn.)k-FLAL) WC, COPYRIGHT © 19" OWPIAN O) SIMIS ROM ALL ISWTS RESERVED �N W W W z_ O m o m z OOm Z�A.a AN[Yy Lv Lv ZFODD m 0 U OD S D z c a O a z P z W a E-4 m TE-n V` Ul W a Ua� EWA- a0 LRJ/.4 GJ NO TTED DA 3/25/94 94 C=3 Or 8 ml w N.T.S. Q VAR6:5 8' 6• vMEs 3 MWA SMAIE BOT101 ANB BANKS TO HAVE A 1' TOPSGL AALE BOT1W ! BANNS CA BE PLANTED rM UDA W/GRA55 COVER CMMY GRASS. BEMWG GRASS, BLUEGRASS, R GRASS IX GRASSES RESISTANT ER M EROSION MID MEET, ro A WET FNNRONILENT. GRASS LINED SWALE N.T.S TOfSgI 1• IIIE 1' CLA55 B CWUETE RAKE, 5®. SRJEWAII( 1RANSKRg FERIYIZE A JGM15 • 5'-O. O.C. Ml MSTALL WWi 6[6- g5R1R8FD MFAS W2.1 X W2.1 AS 9Dr1 1' AOIBIAL 8• AT DRIVEWAYS 8' P �7 ryl 1Y WM BASE. RUN MOTE GRAVEL BASE CQPACiED T ARAT SECTKNS SHALL BE SEPMATLD BY PREtlOLADFD E+PMSDN JGNT E1LLER. n CONCRETE SIDEWALK CROSS—SECTION N.T.S. RPAM MGM SHUN g31EiE OLRIFT dI1FALL PR0IECRON- � 8' OF TYPE I fil As 2(Y YM. PER VE STATE 9'ECS (TYP.) METAL END SECTION SEE PIAN fOR ON STORY SEWER .`LET TYPE SWAIf IL IL- Tali= MsrALL FIRM SDOK IL'�--I, lir FILTER FABRIC +"°° 5T°" 2 T M SEWER OUTLET DETAIL N.T.S. NQX STOEE FBL TYPE B As SP c-F T IN STATE QF r3l STONE LINED SWALE N.T.S. WYxD STATE I ' {• NF11GLL FACE ANGLE FIRST STAKE EMBEDDING DETAIL IOWARD PREMOL y tAD BATE 2-2' X 2' IR�OLTEm ups I I BALES LAD SDE BY SIX U1 THE GRGINU 2'-0• �ETM91 aADE A PRCYAOSm W AU,TRP CULVERT PROPOYD 30' A000 P GILVERT 1' MOLD MSLRATKN 1' RDD MSULATKN 6" jDN_ 35 PVC SMIITMv SEWER r SDR 35-PK SMITMY SEWA A SECTION A —A C51 CULVERT DETAIL N.T.S. AMf!14nRINr i3FTAJ1 T BALEQ HAY EROSION CHECKS N.T.S. C018RM.AlED STEEL MR -SEEP COLLAR (12 GA. ERN) TO JOINT TO JDMT OLw AS PEN SRE PLAN CONTMOLI$ GA9GT (F1RL CRCWEIBTJQ. MSTALL rm BGTN SEES) CORRUGATDNS VERTICAL B ANTI —SEEP COLLAR QETAIL N.T.S. 14 GAUGE s' X (MM.) WIREEHOOKED ONTO PREFORMED CHANNELS ON POSTS. r�FILTER FABRIC SECURED TO HIRE WITH METAL CLIPS // FINAL GRADE SOIL .C. SILT FENCE DETAIL N.T.S. STARE FILTER ro THrs FACE sTIPO= OF FENCE FFMOL BOTTOLI U VTGH ROW FdEY 6- mWG+-lAY N FABRIC A MAW, rm GRAVFl SEC71ON A —A WATER iPOINT U CROS91 (ABOVE SEWER) SEWrn 16• MIN V£RIIGL 'ARARUI JON1T �1 A.I'� NOIE' R 8M VERLCAL SEPMATNM IS II�OS99LE. TE1EN THE WATER YAM OR SEWER SHALL BE COMPLETELY ENGSED M A Y.WEss SLEEVE GGN9sTMG m EUu LENGTH OF PIPE (I.E. SLR 35 PVC) CENTERED p1 THE CROSYO UTWTY. +o WATER/SEWER CROS ING DETAIL N.T.S. STT.E sTREES -DER r CAL Guy TREES r GAL A OVER, TREE ROOT COLLAR SHALL BEM SAME RU,TDN ro ENSHED GRADE AS IT BORE TO E[VRA ClR LEADER PREVIOLISLY EIGSTBEG GRADE E—T M MCAS U COMPACTED ETLL PLANT TREES50 ROOT COl1IiR R IISE WFB smAwMG 2•-3' ABDK EWa94D ORAOE ro SEOLAE-M YAS 2/31P TREE al ro TREE srM(ES-sTm OR z M z ERST BRANOL+ HARDWDOD-3 PER TREE RELNIYC BURIAP ER0M TUP OF BALL TREE TRAP SECURED rm IYIRF MOUID )RM Sh {• ro FORFI sAumE � PER SPEC.�� T III' II'� I soTRIFr eoTTaN R R I�lI E3I SIDES {' DEEP mw STARE To +B• BELOW I - _. BOTTOM Di TREE AT n TREE STAKING DETAIL N.T.S. .yam fR7R .f�N � i VED APR 0 6 1994 City of So. Burlington STEEL STAIRS DREVEN ON DUNs,REwM SIDE ELEVATION TYPICAL TEMPORARY SNOW FENCE n EROSION CONTROL BARRIER N.T.S. .- FENCE OR PRETABEBCATfD SWT FENCE (moUm OR EWAL) RE%ASIONS BY _ t RBK 0 COPYRIGHT © 1M94 CIIIFIAN f116LIN =W :.. ALL RIGHTS RESERVED . a W W z_ C9 z m< OC b zom E� oho a axcOi i C cJ v �m m z p U a m z i x U Z �i pZ E- U E-1 ECO �-/� VL W a d H � W a A w S' O G pRAYM LRB asparmom GJB SOALIE NOTED TZATc 3/25/94 94102 OwErr c=4 li . REVISIONS I ', CONSTRUCTION SPECIFICATIONS CADWA'i S „.-SCRIPT'ON: ) This item shall include all roadway work from clearing and grubbing to placement of asphalt pavements. Where not specifically addressed in tnese specifications, work shall be in accordance with the State of vermont Agency of Transportation Standard Specifications for Construction, 1986, Division 200 Earthwork, Division 100 Subbase and Base Courses and Division 400 Surface Courses and Pavement. -. MATERIALS: 1. FILTER FABRIC: where required on the plans or where directed by the Engineer, the Contractor shall install filter fabric, such as Miraf i, Inc., 500X or 140N as manufactured by Ce lenses Corporation, or TYRAR as manufactured by Dupont Corporation, oz an approved equal, over the subgrade gz prior to placement of fill, the gravel base, or around underdrains. 2. Gravel Base: All materials shall be secured from approved sources. Such gravel shall consist of hard, durable stones, which show uniform resistance to abrasion and which are intermixed with sand orother approved binding material as directed by the Engineer. It shall meet the requiremen is of Vermont Standard Specification for Construction 0704.04, Gravel for Subbase, or as periodically amended. The gravel shall be uniformly graded from coarse to fine and shall meet the grading requirements set forth in this table: Sieve Designation Total Sample Sand Portion No. 4 20 - 60 100 No. 200 0 - 12 No. 200 0 - 6 All bottom course material shall be deposited and spread so as to d ietribute the material in uniform layers, compacted at optimum moisture content; and the maximum size stone particles shall not exceed 6 inches in size. 3. Crusher Run: All materials shall be secured from approved sources. This gravel shall consist of angular and round fragments of hard durable rock of uniform quality throughout, reasonably free from thin elongated pieces, soft or disintegrated stone, dirt, or other objectionable matter. The grading requirements shall conform to the following table: Sieve Percentage by Weight Designation Passing Square Mesh Sieve 2" 100 1 112" 90 - 100 No. 4 30 - 60 No. 100 0 - 12 No. 200 0 - 6 4. Bituminous Concrete Pavement: The course aggregate shall consist of clean, hard crushed rock or screened or gravel free from dirt nr foreign matter. It shall be reasonably free from soft and ^J nt p`r e: es. The nl nJ9 re9nto shall egnelat of sand or I mixture of sand and stone screenings of which et least fifty percent 15011 by weight shall be asod. The sand shall consist of clean, hard, durable grains, free from injurious amounts of organic matter or other harmful substances. The asphalt cement shall conform to all requirements as set forth in Section 702 and 704.10 of the ve rmont Standard Specifications for Construction, or as periodically amended. Composition of the mixture shall be in accordance with Type II and Type III as listed in Section 406,03 in the Vermont Standards for Construction. r INSTALLATION: Where not specified horein, all earthwork shall be performed in accordance with Division 200 of the Vermont Standard Specifications for Construction, or as periodically amended. 1. The construction area shall be cleared of trees, brush , bushes, and shrubs and shall be grubbed to remove all stumps, roots, duff, grass turf, debris, or other objectionable material. 2. Where feasible, sufficient topsoil shall be stripped from the areas to be filled or excavated to provide a minimum of four inches (4") of cover over all finished slopes. This material shall be stored in stockpiles on the site until completion of grading operation. and then shall be spread uniformly over all finished slopes. 3. Embankments shall be constructed by the Contractor with either approved surplus excavated material or with approved material obtained elsewhere. 4. A11 material resulting from clearing and grubbing .hall be .atisf so torily disposed of in a manner approved by the Engineer and In compliance with local ordinances. Under no conditions will this material be buried below the seasonal high groundwater level. 5. When embankments are to be made on a hillside, the elope of the original ground on which the embankments are to be constructed shall bestepped and properly drained as the fill is constructed so that adverse movements of the slopes do not occur. 6. The excavated rock, ledge, boulders, end stone, except where required in the construction of other items or otherwise directed, shall be usod in the construction of embankments to the extent of the project requirements and generally shall be placed so as to form the base of an embankment. 7. Frozen material shall not be used in the construction of embankments, nor shall the embankments or successive layers of the embankments be placed upon frozen material. Placement of material other than rock shall stop when sustained air temperature, below 32 degrees Fahrenheit, prohibits the obtaining of the required compaction. If the material is otherwise acceptable, it shall be stockpiled and reserved for future use when its condition is acceptable for use in embankments. 8. when an embankment is to be constructed across a swamp, muck, or areas of unstable coils, the unsuitable material shall be excavated to reach soils of adequate the capacity and the embankment begun. Alternative methods, such as use of a filter fabric in place of excavation and backfill, may be utilized only after approval of same by the Engineer. 9. Material being placed I. embankments shall be placed in horizontal layers of uniform thickness across the full width of the embankment. Stumps, trees, rubbish, and other unsuitable material shall not be placed in embankments. 10 The layers shall begin at the deepest part of the fill. Material shall be placed in 12 inch lifts with a 95 percent maximum dry density by the AASHTO-T-99, Method A (Standard Proctor) test. Effective spreading equipment shall be used on each layer to obtain uniform thickness prior to compaction. Each layer shall be kept crowned to shed water to the outside edoc of embankment and continuous loveling and manipulating will be required to aasure uniform density. The entire area of each layer shall be uniformly compacted to at least the required minimum density by use of compaction equipment consisting of rollers, compactors, or a combination thereof. Eartoving and other equipment not apocltical nm ly manufactured for compaction purposes Will not be considered as compaction equipment. 11. All fill material shall be compacted at a moisture content suitable for obtaining the required dens f ty. In no case shn 11 the moisture content in each layer under construction be more than 3 percent above the optimum moisture content and shall be less than that quantity that will cause the embankment to become unstable during compaction. Sponginess• ch.ving, or other displacement under heavy equipment shall be considered prima facie evidence for an engineering determination of lack of stability under this requirement, and further placement of material in the area affected shall be stopped or retarded to allow the material to stabilize. 12. When the moisture content of the material in the layer under construction is less than the amount necessary to obtain satisfactory compaction by mechanical compaction methods, water she it be added by pressure distributors or other approved equipment. Water may also be added in excavation or borrow pits. The water shall be uniformly and thoroughly incorporated into the ■oil by disc, harrowing, blading, or by other approved methods. This manipulation may be emitted for sands and gravel. When the is in excess of en the moisture content of the mat 3 percent above the optimum moisture content, dry material shall be thoroughly incorporated into the wet material, or the wet material shell be aerated by disking, harrowing, blading. rotary mixing, or by other approved methods; or compaction of the layer of wet material aha 11 be deferred until the layer has dried to the required moisture content by evaporation. 13. The subbase material shall be placed on a prepared surface with an approved spreader box or by use of some other approved mechanical spreading equipment. The material $hall be deposited so as to meet the requirements of the Vermont Standard Specifications for Construction, Section 301, or as periodically amended, and compacted to a 95 percent dry density Dy the AASHTO-T-99 Meth.='- Proctor) test. If necessary where there is high groundwater"or`frost susceptible soils, subbase fabric and underdrains shall be installed beneacn the roadway as specified by the Engineer or as shown on the street details of these specifications. 14. The upper course of crusher run gravel shall be deposited and spread in a uniform le yet and compacted to a 95 percent dry density by the AASHTO-T-99 Method A (Standard Proctor) test. 15. Equipment for spreading and finishing the mixture shall be a mechanical spreading and finishing machine provided with an activated screed and heated if required. The machine shall be capable of spreading the mixture without segregation and shall be approved by the Engineer before being used. 16. Application of bituminous concrete pavement shall meet all the requirements of the Vermont Standard Specifications for Construction, Section 406, or as periodically amended, including, but not limited co, the following: A. WEATHER LIMITATIONS: Bituminous material shall not be placed between November 1 and May 1. Material shall not be placed when the air tempera.. to at the paving site in the shade and away from e ztif icI.I heat is 40 degrees Fahrenheit or below. B. CONDITIONING: Prior to placing the bituminous material, the fisting surface shall be cleaned, then sprayed with a coat of Emulsified asphalt, R.S-1. C. COMPACTION: Immediately after the bituminous mixture has been spread, struck off, and surface irregularities adjusted, it shall be thoroughly and uniformly compacted by rolling. Along forms, curbs, headers, walls, and other places not accessible to the rollers, the mixture shall be thoroughly compacted with hot or lightly oiled hand tampers, smoothing irons, or mechanical tampers. On depressed areas, a trench roller may be used, or cleated compression strips may be used under the be to transmit compression to the depressed area. D. SURFACE TOLERANCES: The surface will be tested by the Engineer using a 16 foot straight -edge at selected locations parallel with the centerline. Any variations exceeding 3/16 of an inch between any Two contacts shall be satisfactorily eliminated. A 10 foot straight -edge may be used on a vertical curve. The straight -edges shall be provided by the Contractor. £..MATCHING SURFACES: When a new pavement is to match an existing bituminous pavement for a roadway or trench, the contractor shall vertically smooth cut the existing pavement along a straight line a mi mmum of onge foot (I.) into the existing pavement, over the "I sty ngzavel base. The smooth cut shall be thoroughly cleaned and coated with Emulsified Asphalt, RS-1, just prior to paving. 17. Compaction testing shall he required at the discretion of the Town Inspector and/or the project Engineer. All testing expenses shall be borne by the Owner. WATER SERVICE CONNECTION A. GENERAL REQUIREMENTS The Contractor shall install 3/4 inch copper services as indicated on the Contract Drawings or as directed by the Engineer. Each service shall cons-st of a rp cooration, cubstop, a service clamp, copper :ubi rg, and a curb box with service rod. Corporation shall be attached to the ductile iron pipe by means of a direct tap and clamped with a service clamp. B. CORPORATION Corporations shall be Waterworks Brass and manufactured in accordance with AWWA C800. Corporations shall have Mueller threads, adopted as AWWA Figure !, at the inlet and A compression -type fitting at the outlet. Both inlet and outlet shall be of the same size. Corporations shall be be tapped into ductile iron pipe. In no instance, except when a tapping sleeve and valve is used, shall n tap be made without a corporation. Corporations shall be Mueller H-15008 or approved equal. C. CURBSTOPS Curbstops shall be 3/4" inverted key curbstops manufactured by Waterworks Brass in accordance with AWWA C800. The curbstop shall open left and have a positive stop. No curbstop shall have the ability to drain the service line. Both inlet and outlet of the curbstop shall have compresion-type fittings. The tee head of the curbstop shall have provisions for the connection of a service rod. Curbstops shall be Mueller Catalog H-15200 or approved equal. D. SERVICE CLAMP Service clamp shall be double strap bronze, have Mueller threads. A service clamp shall be used at all service connections. Service clamp shall be Mueller H- 10484, or approved equal. E. COPPER Copper tubing shall be Type "K", soft temper, conforming to ASTM BBB. The name or trademark of the manufacture, and type shall be stamped at regular into rV. is along the pipe. F. CURB BOXES AND RODS Curb boxes shall be of the sliding adjustable -type capable of adjusting from five feet to six feet (5'-6'). The base of the box shall be arch -type so as to prevent the box from resting directly on curbstop. The adjustable upper section shall be 3/4" in diameter for use With 3/4" curbstop. E. LOT SERVICE CONSTRUCTION METHODS Lot Services: The contractor shall make all necessary taps into the watermain and will install an approved brass corporation with service clamp for each unit. The Contractor shall also connect the 3/4" type .11,copper service pipe to the flanged joint, Which shall be connected to the 3/4" brass curbstop with inlet and outlet for 3/4" type "K" copper service pipe. curbstops shall be located not less than five feet six inches (5'6") below the ground surface and shall be accessible from the surface through an approved valve box. APR 0 6 1994 City of So. Burlington COPYRIGHT r- pgga CHAIPUN CO) tit BIA®6 ALL RIGHTS RESERRVF� W W z z O 2 �i i v O r�� ~ VL Q U 1—I Tn V 1 (l' U W W t- w a 0 A owwwM LRE GJB NONE oAtz 3/25/94 94102 OVANT C=5 pr 6 s.csis SANITARY SEWER A. DESCRIPTION: This item shall consist of the excavation and back( filling required for the complete construction of gravity sanitary sewer. This shall include all pipe, manholes and other appurtenances necessary to complete the system as indicated on the drawings. A11 sanitary sewer materials and construction of same shall be as shown on the contract drawings and shall meet the requirements of the South Burlington Public Works Department. B. MATERIALS: . 1. PVC Sewer Pipe: PVC sower pipe shall conform in Allrespects to the latest revision of ASTM Specification D-3034 or F679, Type PSM Polyvinyl Chloride (PVC) Sewer Pipe and Fittings, SDR 35. Wall thickness of all PVC pipe shall meet ASTM Specifications for SDR 35 pipe. All pipe and fittings shall be clearly marked as follows: Manufacturer's Nama and Trademark Nominal Pipc Sirc Material Designation 1245C PVC Legend "Type PSMSDR35 PVC Sewer Pipe" or "PS 46 PVC Sewer Pipe" Designation ASTM D-3034 or F679 Jos ints shall be push -on type using elastoerie gaskets and shall conform to ASTM D-3212. The gaskets shall be factory in. tallod. The pipe shall be furnished in nominal 13 foot lengths. Sufficient numbers of short length and full machine fittings shall be provided for use at manholes, chimneys, and connections. All connections will require the use of manufactured fittings. Field fabricated, aaddle-type connections rill not be considered acceptable. 2. Manholes: Manholes shall be 48" I.D. precast concrete with monolithic base and shall conform to the latest version of ASTM Specification C478. Shelves shall be constructed with Class B concrete, as defined in :;action 501 of the Vermont Standard v Spocificat'^ns. Inverts for sewer manholes shall be as shown en tt.e plans and details and shall be constructed with Class B concrete or, for straight runs, segments of piPC cut in half longitudinally. Inverts shall have the exact shape of the sever to which they are connected, and any change in size or direction shall be gradual and even. All manholes are to be provided with extruded aluminum steps or copolymer polypropylene plastic rungs with steel reinforcement eight inches (8"I on center. All manholes shall ba provided with tough, gray, cast iron manhole frames and covers. All iron castings shall be thoroughly cleaned and then coated with hot tar before being delivered. Frames and covers shall be Neenah R 1642, or an approved equal and have a minimum weight of 400 pounds. Precast risers and bases for manholes shall conform to ASTM Specifications C-361. The pipe opening in the P, _ _ _ _ c_ _ ^ -- flexiblc�gaskct or"en equivalent systom,for pipe installation as approved by the Engineer. Joints between manhole risers shall be rubber "O" ring seals or soft Butyl joint sealer (rope form). Manholes shall be constructed to grade with at least two and not more than four courses of brick. with the exception of inverts, all surfaces of manhole brickwork shall be plastered with cement mortar --the plaster being carried up as the brickwork progresses --and all manhole lift holes shall be grouted inside and out with expandable grout. 3. INSTALLATION 1. Excavation shall be made to a point at least six inches (6") below the pipe invert to accommodate the beddlne material. This sha11 1, incr,•aecd to twelve inches I12") in ledge oxca vation. A11 excavations are to he kept dry while piping is being laid and until each joint and pipe has been inspected by the Engineer given to commence backfilling operations. 2. The bell end of the pipe shall face upgrade at all times and be placed in such a position as to make the invert even when the succeeding section is inserted. Where required by adverse grading conditions, the Contractor shall fill any gulley to make a suitable bedding for the sewer pipe. The fill shall be pneumatically compacted to a 95 percent dry density by the AASHTO-T-99, Method A (Standard Proctor) test, upon which the six inches (6") of bedding material shall be placed. Any pipe which is not laid to grade and alignment aha 11 be placed. Any pipe which is not laid to grade and alignment shall be relaid to the as tlsfaction of the Engineer. The bedding material shall be placed and compacted on each side of the pipe to a height equal to one-half the pipe diameter and for the full width of the excavated trench and as shown on the accepted plan. 3. Bckfill shall consist of approved material placed in twelve inch (12") layers with each layer being thoroughly compacted to not less than 95 percent of maximum dry density as determined by the AASHTO-T-99 Standard Proctor by means approved by the Engineer. No stones in excess of one and one-half inch (1 1/2") diameter aha 11 be placed within two feet (2') of the outside of the pipe. Particular precautions shall ba taken in placement and compaction of the backfill material in order not to damage and/or break the pipe. The backfill shall be brought up evenly on both sides of the pipe for its full length. walking or working on the completed pipeline except as may be necessary in tamping or backfilling shall not be permitted until the trench has been backfilled to a height of at least two feet (2') on the top of the pipes. During construction -all openings to the pipe lines shall be protected from the entering of earth or other materials. 4. Frost protection for shallow sewers: Sewers with less than five and one half feet (5 1/21) of cover over the ,than and when approved by the Engineer shall be protected against freezing by installation of three ineh (3") thick styrofoam SM insulating sheets with a Width of three feet I3.). The sheets shall be placed six inches (6") above the crown of the sewer after compaction of the 6" lift immediately above the crown. Care shall be exercised by the Contractor during backfill, and compaction over Styrofoam SM sheets and sheets shall meet the compressive strength requirements of ASTM D1621-73 and shall be as manufactured by Dow Chemical Company, Midland, Michigan, or equal. 3" insulation to be used unless indicated otherwise on the plans or details. 5. Leakage tests and allowances for gravity satyrs: Prior to tasting for acceptance, the pipe should be cleaned by passing through the pipe a full gauge squeegee. It shall be the responsibility of the Contractor to have the pipe clean. Immediately following the pipe cleaning, the pipe installation shall be tested with low-pressure air. Air shall be slowly supplied to the plugged installation untill the internal air pressure reaches 4.0 pounds per square inch greater than the average back pressure of any ground water that may submerge the pipe. At least two minutes shall be allowed for temperature stabilization before proceeding further. The pipe line shall be considered acceptable when tested at an average pressure of 3.0 pounds per square inch greater than the average back pressure of any ground water that may submerge the pipe if: A. The total rate of air loss from any section tested in its entirety between manhole and cleanout structures does not exceed 2.0 cubic feet per minute; or B. The section under test does not lose air at a rate greater than 0.0030 cubic feet per minutes per square foot of internal pipe surfaces. The requirements of this specification shall be considered satiaf ied if the time required in seconds for the pressure to decrease from 3.5 to 2.5 pounds per square inch greater than the average back pressure of - le2ff than that computed according to the following Cable MINIMUM TEST TIME FOR VARIOUS PIPE SIZES �� Diameter Time (Inches) (See./300 ft) 4 18 6 40 8 70 10 110 12 158 6. Manholes shall ba tested separately. The . :filtration leakage allowance out of manholes shall be no greater than 1 gallon per day per vertical foot. The manhole shall ba filled with water to a point one toot (1') above the highest point between manhole sections. In areas of high ground water, there shall be no visible leakage due to infiltration. Manholes may be vacuum tested in lieu of water test (Refer to Public works Standard for approved procedure). Vacuum testing is not acceptable if the manhole has been backfilled. 7. The Contractor shall be responsible for verifying the location and maintaining the integrity of all utilities shown on the plan. 8. All sewer mains and service lines shall be marked with green warning tape. Tape shall be at a maximum depth of 24 inches. SEWER SERVICE CONNECTIONS where required on the plans, sewer service connections shall be construe red of four inch (4") pipe, unless otherwise noted on the plans, of the type material specified under this section. The pipe shall be laid end its joints made as required for sewer construction in this specification. Open ends of pipes shall be properly sealed to prevent damage and intrusion of foreign matter where hookup to the bulding sewer is not coincident with sewer main construction. Additionally, the Contractor will provide a stable, temporary marker approved by the Engineer from the sewer service invert up to six inches (6") above the finished grade and seated securely into the ground for ease in relocating the end of sewer service connection for in up the building sewer. In the case of reconnection of existing services, such reconnections will be made only after the new sewer main has been completed, tested, and accepted. The excavation, bedding material, installation, and backfill for service connections shall be the same as for sewer mains. RESTORATION A. DESCRIPTION: This item shall consist of establishing vegetation on all fill slopes, bank cuts and ditches not requiring rock lining. B. MATERIAL: 1. Topsoil shall be natural, fertile agricultural soil capable of sustaining vigorous plant growth, not in a frozen or muddy condition, containing not less than 6% organic matter, and corrected to pH value of 5.9 to 7.0. It shall be free from subsoil, lumps, slag, clay, atones, live plants, roots, sticks, crabgrass or other noxious weeds and foreign matter. 2. See seeding specification for materials. C. INSTALLATION: 1. Spread topsoil in reasonably dry state to a minimum depth of 4 inches. Fine grade and remove debris. 2. Apply fertilizer at the rate of 20 lbs. per 1,000 sq. ft.; apply limestone at the rate of 90 lbs. per 1,000 sq. ft. Mix throughout the top 3 inches and lightly compact and lightly water. 3. Seeding - do not sow immediately following rain, when ground is too dry, or during windy periods. Apply cover at the rate of 4 lbs. per 1,000 sq. ft. 4. Mulch - apply hay mulch at the rate of 2 bales per 1,000 sq. ft. 5. Apply water with fine spray immediately after each area has been sown. 1. A preconstruction conference shall be held. During that conference, the stormwater Management and Erosion Control Plan shall be thoroughly reviewed. The Contractor will be responsible for establishing all measures delineated on the drawing and in addition will have erosion control materials and installation equipment on sire at all times. 2. Prior to construction, the limits of clearing shall be established by the Contractor based upon the required widths shown in the roadway cross -sections. The limits shall be confirmed in the field by the Owner or his representative. The intent is to minimize clearing and in most cases this can be accomplished within the 60 foot right-of-way. Clearing for water and sewer lines outside the roadway right -of way shall not be started unless the limits are approved by Owner. 3. The retention ponds shall all be constructed before any other construction activity. They shall be built in accordance with details end specifications shown on the plans and under the supervision of the certifying Engineer. Particular attention will be given to maintaining downslope stability and runoff siltation. 4. The silt fence areas shown adjacent to the roadway are considered to have a higher potential for erosion since fill slopes must be constructed. Restoration measures will be implemented on completed slopes within 48 hours. All exposed slopes will be stabilized according to the restoration procedures in the Specifications. Deadline for this Work will be by October 1. 5. All erosion control measures will be inspected on a daily basis. Areas requiring maintenance will be attended to on the same day. -_ MINTER CONSTRUCTION 1. Any soil disturbance occurring between October 15 and May 1 is considered winter construction. 2. Erosion control measures, as noted on plans, shall be completely in place prior to the ground freezing if construction is to occur during the winter construction season. 3. During the winter construction season, erosion control measures shall be inspected on a daily basis. Owner shall be prepared to immediately repair or replace erosion control devices, if a failure occurs. SAFETY A. Provide adequate safety for all Workers and the general public on, or near, the job site at all times. B. Follow the safety procedures set forth by the Occupational Safety and Health Administration at a minimum. C. At the close of each Work day, and when as directed by the Town Engineer, all unfinished Work shall be identified in a manner so as to warn end prevent pedestrians from entering or using the unfinished areas. �eeC9veD APR 0 6 199/4 City of So. Burlington REVISIONS BY COPYRIGHT ® 1994 14 CHAN AM OMM100 019M tS ALL RIGHTS RESERVED LRB GJB NONE 3/25/94 94102 C=6 tf 8 aN¢Te CITY OF SOUTH BURLINGTON Subdivision Application - PRELIMINARY PLAT 1) Name of Applicant 7)41ule Va /J jeGlL 2) Name of Subdivision NFQs" oE5r X f 7,O' 3) Submit Subdivision Fee 4) Describe Subdivision (,i.e. total acreage, number of lots or units, type of land use, /�gJross floor area for commercial or industrial uses) : Y- 6' /TURFS A- �stc 5) Indicate any changes to name, address, or phone numbers of owner of record, applicant, or contact person since sketch plan application: /V 4� 6) Name, address, and phone number of: a. Engineer ( ??03ax -13sy�ec - F(1113-5�"6 b. Surveyor V2,w j/IGeJ C L4 L�20/�/ C. �7d'AIt d. Plat Designer -54ehz .,-Acp&- 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: �F S� 41, /06.- CSC �oJs F11 S� 1 8) List names and mailing addresses of owners off record of all contiguous properties : r FOOL% J jit/�i--�C �tye �T 7>�a�`ar P+- R��✓/ �i�, ��J `� /'[ / -" � J Imo/ - / r /-�/ N /l `,+' i.! �✓/ C '\ �� 9) State title, drawing number, date of original plus any revisions, and designer(s) of the preliminary map(s) accompanying this application: 10) COST ESTIMATES for Planned Unit Developments, multi -family and commercial and industrial complexes: a) Buildings b) Landscaping c) All other site improvements (e.g., curb work 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi- family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour P.M. peak hour Average daily traffic % of trucks 12) Attach FIVE copies and ONE reduced copy (11 x 17) of preliminary map showing the following information: a) Proposed subdivision name or identifying title and the name of the City., b) Name and address of owner of record, subdivider and designer of Preliminary Plat. c) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 2 d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property to be subdi- vided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately main- tained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of proposed finished grades where change of exist- ing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. i) Numerical and graphic scale, date and truce north arrow. j) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sani- tary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culvert which may be required. o) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless on existing street intersection is -shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. p) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 3 13) Development timetable (including number of phases, and start --and completion dates): C qr 14) List the waivers applicant desires from the requirements of these regulations: i 15) 1) All existing subdivision, approximate tract lines and acreage of adjacent parcels, together with the names of the records owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or pro- posed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. ( r ature ) /jJ�p/�l' ican�--t-o�r contact person 4 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments April 12, 1994 Agenda items Date: March 31, 1994 S.B. COLLINS (MOBIL STATION) - SHELBURNE ROAD The existing sidewalk is continuous across both entrances and is entirely within the street r.o.w. The plan shows it within the lot on private property. MYERS ESTATE - DORSET STREET 1. The City sidewalk standard calls for 5 inch thick concrete and 8 inch across driveways without reinforcement. 2. The sewer service for house on lot 1 should connect to M.H. No. 3 and house on lot 5 to M.H. No. 2. The advantage is that there is a direct access to the service from the manhole in the event of a problem. SOUTHEAST SUMMIT - DORSET STREET Plan prepared by FitzPatrick-Llewellyn, Inc. and dated March, 1994 is acceptable. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments April 12, 1994 Agenda items Date: March 31, 1994 O'BRIEN BROTHERS - WILLISTON ROAD/KENNEDY DRIVE 1. Curb opening on Kennedy Drive shall include a depressed concrete curb. 2. Plan sheet No. 1 should show where the profile on sheet No. 2 is taken. 3. Plans are well done and acceptable. S.B. COLLINS (MOBIL STATION) - SHELBURNE ROAD The existing sidewalk is continuous across both entrances and is entirely within the street r.o.w. The plan shows it within the lot on private property. MYERS ESTATE - DORSET STREET 1. Manhole No. 1 should be moved back to where the clean out is and the clean out eliminated. 2. There should be a 15 foot easement between lot 1 and 2 to have access to M.H. No. 3 for maintenance and for the possibility of intercepting this project and diverting it to Dorset Street when a main is constructed. 3. Lot 5 & 6 deeds shall include access over them to manholes 1 and 2 for maintenance. 4. Dorset Street drives will require culverts. 5. The Indian Creek sign should be moved back out of the way of the Dorset Street sidewalk. SOUTHEAST SUMMIT - DORSET STREET Plan prepared by FitzPatrick-Llewellyn, Inc. and dated March, 1994 is acceptable. DAVID DUBRUL - 7 LOT SUBDIVISION - PRELIMINARY PLAT --- survey plat should show metes and bounds for the shared driveways/r.o.w.'s. --- applicant should indicate the proposed number of bedrooms per lot so staff can determine sewer allocation needed. --- plan should indicate acreage of wetland on site. --- sheet C-1 should indicate that front setback is measured from the planned r.o.w. --- the plan should show the sewer easement between this property and the connection on Indian Creek property. --- applicant must determine whether a legal agreement is necessary to provide access for lots #1 and #2 from Indian Creek Drive. --- lot sizes on page C-1 are not the same as shown on the subdivision plat, lot sizes must be consistent. MBL ASSOCIATES - RESUBDIVISION - SKETCH PLAN --- plan submitted is acceptable. JOLLEY ASSOCIATES ADDITION - SITE PLAN --- minimum $450 landscaping requirement not being met. --- plan should show proposed r.o.w. --- this item will not be officially scheduled for Planning Commission meeting until check is signed. O'BRIEN BROTHERS - ADDITION & DRIVEWAY - SITE PLAN --- provide existing and proposed front yard coverage of Mobil lot along Kennedy Drive. --- landscape plan should show the curb cut change to the Mobil lot shown on sheet 1. M E M O R A N D U M To: South Burlington Planning Commisslgfl From: Richard Ward, Fire Departments Re: Myers property, 1001 Dorset Street Date: March 21, 1994 1) Private drives are acceptable providing that the travel surface is a minimum of eighteen (18) feet in width with a minimum base of eighteen (18) inches. These drives must be maintained year-round. 2) Fire hydrants are located a distance of 500 feet apart and are connected to a 16 inch water main, this is acceptable. 3) Separation between dwelling units is proposed at twenty (20) feet (lots 1 and 2 and lot 4 and 5). Whenever possible the fire service recommends thirty (30) feet. Re: Rene Berard, lot #14, Ethan Allen Drive This project was originally reviewed by Chief James Goddette (May 15, 1989), the only issues were the location of a fire hydrant and the fact that the area water supply was below average. My comments would not change, I believe the Planning Commission approved this plan back in 1989. The Fire Department will do its best to give fire protection if needed. 4. 0 PLANNING COMMISSION SEPTEMBER 8, 1981 and welfare of the neighborhood with regard to the sidewalk on Shunpike Road. of revised final plat Development. Inc.. for od Estates Estates Mr. Spitz said the two major items had been fire safety and the right of way to Economou. There was a meeting between the architect, fire chief and plainer and- compromise was reached. The turnarounds next to the garages will be shortened to 10' to discourage parking and there will be connections between each dead-end drive. These will be gravel with 4" of topsoil over them, which will be grassed. They will be plowed in the winter. Wording will be added to the covenants to insure that the fire lanes will be constructed, maintained and repaired if necessary. The Commission will also make a requirement that the lanes be constructed and maintained. Mr. Poger expressed concern about enforcement regarding the fire lanes. He felt the suggestion was a good compromise, if the lanes were maintained. As far as the Economou access, Mr. Spitz said the church had been contacted and a discussion is underway. He said the access would be a 60' wide strip and it might be partially on church land and partially on Ridgewood land. Mr. Fitzpatrick asked that if part went on Ridgewood land, there be a waiver of the unit setbacks from the --road, since the area is treed. Mr. Poger asked what size the road should be and Mr. Mona felt it should be 30' wide. Mr. Woolery asked about asking Economou, at a later date, to make some financial contribution for the road, which benefits them. Mr. Goins felt this would be a good addition to Ridgewood. Mr. Woolery moved that the South Burlington Planning Commission approve the final plat application of Ridgewood Estates, -consisting of 59. units, as depicted on a 10 page set of plans plus one attachment, entitled "Ridgewood Estates", prepared by Fitzpatrick -Llewellyn Associates, dated July 1981 and stamped September 8, 1981, subject to the following stipulations: 1. All plans shall be stamped by the project engineer. 2. The application shall receive approval from the city water department Prior to issuance of the first building permit. pro 3. Rights of way shall be granted to the adjacent Robenstein and Myers erties, and be marked on the final plat and approved by the city planner. 4. A 60 foot wide offer of dedication for a potential city street extending from Dorset St. to the abutting Economou property to the north shall be provided. If access cannot be obtained across the Methodist Church property then the 60 foot strip shall be provided entirely -across -the Ridgewood property, and revised plans must be submitted for approval. 5. No building permit may be issued for Cluster 2 until all -offers - of dedication for the potential street connection to the Eomo_ p ty have been submitted. b. A11 legal documents - including p aff-ars of dediyati'!3'` For „ntentinl streets strian and utility easements, sed covenants - be submitted to and approved by the city attorney prior to _issuance of the first building permit. Covenants shall specifically include provisions for 5. PLANNING COMMISSION SEPTEMBER 8, 1981 Mowing, maintenance and repair of fire access lanes. 7. A landscaping bond of $30.000 shall be provided. 8. The applicant shall complete construction of the walkway on the westerly side of Dorset St. and shall screen the recreational vehicle__ parking area, as agreed to in the letter from the project engineer, Douglas Fitzpatrick, dated September 7. 1981. 9. A revised final plat shall be submitted, incorporating required changes from stipulations 1, 3, and 4. 10. This approval expires in 18 months. Mr. Levesque seconded the motion. Mr. Spitz said Mr. Robenstein had agreed driveway in the next building season. In stipulation 4, a sentence stating that than 30' to the potential street was removed. Commission will have to approve it. Mr. Spitz said the exact location of the have to be fixed at this time. There could be The motion carried unanimously. verbally to relocate his no building could be closer If a waiver is needed, the Myers right of way did not a note on the plan regarding it. Site plan application by Farrell Distributing Corporation for a 30,000 sq. ft. addition to an existing warehouse on Holmes Road Mr. Horton said this addition was to allow relocation and expansion of the bottle crushing and recycling operation. The present operation is inefficient. Along with the relocation of the process is an expansion of the warehouse and additional parking in the rear. The railroad spur will not be affected. There will be no buildings or roads within 120' of the railroad right of way. Mr. Woolery noted that whatever applied to the previous building in terms of stipulations would apply here and Mr. Horton understood that. Mr. Woolery moved that the South Burlington Planning Commission approve the site plan application of Farrell Distributing Corporation for a 30,000 sq. ft. warehouse addition on Holmes Road as depicted on a plan entitled "Site Plan, Recyeling.Addition to Farrell Distributors," prepared by Wiemann- Lamphere, Architects, dated July 13, 1981, subject to the following stipulati 1. The 4.6 acre area marked as a separate parcel does not constitute subdivision at this time. _ V_ 2. A landscaping bond of $18,000 shall be provided. 3. A revised site plan shall be submitted showing the relocated rear access drive as delineated on the "site profile" drawing dated September 4, 1981. 4. This approval expires in 6 months. Ci The of ivii.l oty on of the .nr3Final rnvnl 7 11 �.la spp — app�y. Mr. Ewing seconded the motion, and it carried without dissent. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 22, 1994 David DuBrul 500 Pine Street, 1M Burlington, Vermont 05401 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Acting Fire Chief Dick Ward were sent to you at an earlier date. Please be sure someone is present on Tuesday, April 26, 1994 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. S cer ly, A-4VL-- J Weith, City Planner JW/mcp Encls PLANNING COMMISSION 29 March 1994 page 2 3. Sketch plan application of David DuBrul to subdivide a 4.76 acre parcel into 7 lots ranging in size from 19J800 sq. ft. to 57,744 sq. ft., 1001 Dorset St: Mr. Burgess stepped down during this discussion due to a potential lio1111.L 1. 1. of i n 4[-. e r Cs l.. • Mrs. . Maher 111Q reCommSStlh1lt L-LJL.Ll in -L absence. Mr. DuBrul said there will be 7 building lots. They will keep the existing residence and make it a duplex. The 6 additional homes will be architecturally compatible with the existing historical building. The plan proposes 2 curb cuts off Dorset, one of which is existing. The new cut would serve 4 units. Curb cuts have been widened to accommodate emergency vehicles. There is also a curb cut off Indian Creek to serve two homes. All required land would be dedicated to the city. Mr. DuBrul showed the location of 14 Norway maples to be placed on Dorset St. The applicant is asking to plant the trees in the city right-of-way. If they have to be moved back, the area will lose the "boulevard effect" they are trying for. The trees currently existing by the homestead will remain. Mr. Weith felt the trees in the city right-of-way was a good idea and shouldn't be a problem if there is road widening in the future. A swale will be built to take care of runoff. Mrs. Maher asked about mailboxes. Mr. DuBrul said they will have a rural mailbox at the mouth of each driveway for the units served by that drive. The Indian Creek mailboxes will be moved from their present location back from the road. The Indian Creek sign which is currently on Mr. DuBrul's land will also have to be moved to Indian Creek land. Mr. Sheahan asked if there will be an easement for the shared driveways. Mr. DuBrul said there will. Mr. Sheahan asked if deeds will protect the third class wetland. Mr DuBrul said absolutely. He said they would like to get a little higher level of water at some point in the future and possibly put some ducks on the wetland. Mr. DuBrul then showed the approximate location of building envelopes. Mr. Lanou of Indian Creek said Mr. DuBrul has spoken with Indian Creek about the plans. He said it seems to be an idea that the entrance to Indian Creek is a street. it isn't. It is a driveway PLANNING COMMISSION 29 March 1994 page 3 to Indian Creek residences. He noted the proposed driveway to the DuBrul residences is 40 ft. wide and felt that wasn't a driveway. Mr. DuBrul explained that the driveway will only be paved to a 24 ft. width. The additional width will be grassed to allow for the width of fire trucks, if needed. Mr. Lanou said he hasn't found any document that gave permission for the Indian Creek sign to be on Mr DuBrul's land. He wondered if it is necessary to move it. Mr. Weith noted that the city Sign Ordinance and state law require signs to be on the property they pertain to. Mr. Lanou said Mr. DuBrul had told them he would see to getting the mailboxes moved to a location with a better approach and a shelter over them. He said residents would like to see the plan before they agree to this. Mr. DuBrul said in order to build the new buildings, they have to connect to the sewer and will need an easement to cross Indian Creek land. Mr. Weith said the City Engineer feels the sewer hook up design is adequate but will require an easement. Following the discussion, Mr. Burgess rejoined the Commission. 4. Site Plan application of Rene Berard to construct a 13.,600 sq. ft. building (7600 sq. ft. footprint) consisting of 12,000 sq. ft. of warehouse area and 1600 sq. ft. of office use, 83 Ethan Allen Drive: Mr. Berard said the building will be 2 stories, 60x100 ft. It will appear to be one story on Ethan Allen Dr. and two on Commerce. Mr. Sheahan asked about a sidewalk. Mr Weith said that in the past the Commission has required either that a sidewalk be built or the applicant put money for the sidewalk into a fund. Last month, the Commission decided they wouldn't take money any more. He noted a sidewalk can't be built on the south side of Ethan Allen Dr. because of the slope, but it could be built on the north side. If it were built, it would be the first link of sidewalk in the area. A poll of the Commission showed that a majority wanted the sidewalk. Mr. Weith also noted that Mr. Audette felt it should be put in. Ms. Peacock moved the Planning Commission approve the site plan ap- plication of Rene Berard to construct a 13,600 sq. ft. building (7,600 sq. ft. footprint) consisting of 12,000 sq. ft. of warehouse area and 1600 scr ft. of office use, 83 Ethan Allen Drive, as depicted on a plan entitled "Storage/Distribution Facility, Lot 14 - Ethan Allen Dr, So. Burlington, Vermont," prepared by Graphic Construction Management Services, Inc, dated 3/23/89, with a last PLANNING COMMISSION 12 APRIL 1994 The South Burlington Planning Commission held a meeting on Tuesday, 12 April 1994, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chairman; Mary -Barbara Maher, Catherine Peacock, Terrence Sheahan, William Craig, David Austin Also Present: Ray Belair , Assistant City Planner; Sid Poger, The Other Paper; Lance Llewellyn, John Steele, David Greenberg, J. Richard Lanou, Keith Flaherty, Dave DuBrul, Mary Ann Murray, Steve Smith 1. Other Business: No issues were raised. 2. Minutes of 8 March, 14 March, and 15 March 1994: Mrs. Maher moved the Minutes of 8 March be approved as written. Ms. Peacock seconded. Motion passed 5-0 with Mr. Craig abstain- ing. Ms. Peacock noted that she was not present for the meeting of 14 March. Mrs. Maher moved the minutes of 14 March be approved as amended. Mr. Sheahan seconded. Motion passed 4-0 with Ms. Peacock and Mr. Craig abstaining. Mr. Craig moved the Minutes of 15 .March be approved as written. Mrs. Maher seconded. Motion passed 5-0 with Ms. Peacock ab- staining. 3. Pu'olic Hearing: Preliminary Plat application of David DuBrul to subdivide a 4.76 acre parcel into 7 lots ranging in size from 19,324 sq. ft. to 57,844 sq. ft., 1001 Dorset Street: Mr. Burgess noted the Indian Creek Association has not granted approval for use of the access to serve this development. The Indian Creek approval stipulated that they must provide an ac- cess to this property but did not say where it should be located. Mr. Burgess said the Commission can approve the development and let Mr. DuBrul work out with Indian Creek where to put the ac- cess or it could delay full approval. Members felt they could review the plan and let the parties work out the access issue. Mr. Sheahan suggested a stipulation that lots 1 & 2 not be de- veloped until there is an access agreement. Mr. Belair said Mr. Weith recommends delaying action until 26 April when there will be an opinion for the City Attorney. Members agreed to PLANNING COMMISSION 12 APRIL 1994 page 2 hear the application. Mr. Burgess then stepped down due to a potential conflict of interest. Mrs. Maher acted as Chair for this review. Mr. DuBrul showed the 7 building lots, noting that Lots 1 & 2 would access from Indian Creek Drive. Lots 3-7 would access from two curb cuts on Dorset St., one of which is existing. The homes would all be single family, except for the existing house which will become a duplex. Curb cuts will be 24 ft. with 3 ft. shoulders. The development would use city sewer and water. The sewer connection will be via a right-of-way on Indian Creek. This is yet to be deter- mined. The wetland will not be disturbed. The sidewalk will be installed in the 17 ft. strip dedicated for future road widening. Street trees will be Norway maples, half on city property, half on this property. Mr. DuBrul said the houses will be designed to replicate the existing historic home. Mr. Belair noted that the house on lot 2 doesn't comply with front yard setbacks on the drawing. It must be 50 ft. from an arterial. Mr. DuBrul said their intention is to comply. Mr. Lanou of Indian Creek said they object to the width of the drive into lots 1 & 2. He said the approval calls for a driveway and didn't feel 24 ft. was a driveway. Mr Craig noted the width is needed for safety for the turning of emergency vehicles. Ms. Murray asked if any part of the Indian Creek Rd. was dedicated to the city. Mr. Belair said as far as is known, it was no. He will check on this. Mr. Craig asked if it would cause the applicant a hardship if the Commission delayed action to wait for an opinion from the City Attorney. Mr. DuBrul said it would not. Mr. Cr 12 moved to continue the hearing until 26_April.__Mr. Austin seconded. Motion passed unanimously. — Mr. Burgess resumed the Chair of the Commission. 4. Sketch Plan application of MBL Associates for resubdivision of approximately 51 lots and relocation of the overflow and RV parking areas within a previously approved 221 unit PRD, Dorset St.. Mr. Steel said this is the "Southeast Summit" development. They Indian Creek Condominium Assn. 911 Dorset Street South Burlington, VT 05403 Mr. David Dubrul 500 Pine Street Burlington, VT 05401 Dear Sir, At the meeting of the Indian Creek Condominium Association's Board c r,4 +-..,..� ti, l.a r,., hr,v-il �"` 100A itt tr7ac ynitef3 that. n[) Board oL 1J1rec4k-lo s, heiu ... n. A1,i 9+, , entrance would be granted from our road at 911 Dorset Street, South Burlington, VT to the so-called Myers Property located at 1001 Dorset Street in the same city. espectfully\ Marje VoqnOhlsen Presid"_ cc: South Burlington Planning Commission South Burlington Planner South Burlington City Clerk PLANNER 658-7955 9 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 April 8, 1994 David DuBrul 500 Pine Street, 1M Burlington, Vermont 05401 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesdays Planning Commission meeting and revised comments from City Engineer Bill Szymanski and myself. Comments from Acting Fire Chief Richard Ward were sent to you at an earlier date. Please be sure someone is present on Tuesday, April 12, 1994 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. S c rely, 9L J Weith, City Planner JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 30, 1994 David DuBrul 500 Pine Street, 1M Burlington, Vermont 05401 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Assistant Fire Chief Dick Ward and myself. Please respond to these comments, if appropriate, with additional information and/or revised plans by no later than Monday, April 4, 1994. If you have any questions, please give me a call. Sincely, n� ,2 Raymond J. Belair, Zoning and Planning Assistant Encls RJB/mcp M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: March 29, 1994 agenda items Date: March 25, 1994 3) DAVID DUBRUL - 7 LOT SUBDIVISION - SKETCH PLAN This project consists of subdividing a 4.76 acre parcel into seven (7) lots ranging in size from 19,080 square feet to 57,744 square feet. The Planning Commission reviewed a sketch plan of this property on 3/8/94 (minutes not available). The current plan has been revised to address issues raised at that meeting. These issues include building envelopes, driveway width and combining two (2) lots into one (1) lot. This property located at 1001 Dorset Street lies within the R-2 District. It is bounded on the north by the Indian Creek entrance drive and a single family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east by Dorset Street. Access: Lots # 1 and 2 are proposed to share a curb cut on the Indian Creek access drive, lots 3, 4 and 5 and one of the units on lot #6 are proposed to share a curb cut on Dorset Street and lots #6, and 7 are also proposed to have a curb cut on Dorset Street. The two ( 2 ) lots with access to Indian Creek Drive will add two ( 2 ) dwellings to a cul-de-sac street which serves over 50 units. Section 401.1(7) of the subdivision regulations limits the number of units on a cul-de-sac to a maximum of 50 units. It is staff's position that curb cuts on this street is safer than more curb cuts on Dorset Street. Indian Creek Drive is a private street and applicant must obtain an agreement with the property owner to use this access. Lot size/frontage: The minimum lot size in this district for single family homes is 19,000 square feet with 100 feet of frontage. These requirements are being met. Density: The maximum density allowed is 10 units. Six (6) of the lots are proposed to be developed with single family dwellings. The existing dwelling on lot #6 will be converted to a two-family dwelling. 1 Building envelopes: The applicant has chosen to show building footprints instead of building envelopes. The building footprints meet all the setback requirements. Sidewalk: A sidewalk along the west side of Dorset Street frontage is shown on the plan. This was a recommendation of the Public Works Superintendent. Wetland: This site contains a class III wetland which is shown on the plan with buffer strips. The preliminary plat should note the acreage of the wetland area. No construction, fill, removal of vegetation or mowing of grass should be allowed within the wetland or buffer strip. Lot trees: This plan shows at least two (2) trees per lot as required except for lots #5 and #6 which show only one (1) tree. An additional tree should be added to lots #5 and #6 and the species proposed shown on the preliminary plat. Private Roadway: Section 2.022 of the Public/Private Roadway Policy requires that "all private roadways shall be a minimum width of 30 feet with parking and 24 feet without parking". The plan shows a 30 foot driveway width. Other: --- applicant is reserving a 17 foot strip along Dorset Street for dedication to the City for widening of the street. This is shown on the sketch plan. --- a note should be added to the preliminary plat to indicate that the front setback is measured from the planned r.o.w. --- the preliminary plat should show the relocated mail boxes for Indian Creek. --- preliminary plat should also show the sewer easement between this propertyy and the connection on Indian Creek {property. .. .... 1 v+ 4l 1 L6y,� �.- r'L.t. F- i \ Cl/1n Y"�MMC .N-C. �+%�!�-4C "�ii � � •G.... S tt.e--wl�i , 4) RENE BERARD - WAREHOUSE/OFFICE BUILDING - SITE PLAN This project consists of the construction of a 13,600 square foot building (7,600 square foot footprint) consisting of 12,000 square feet of warehouse area and 1,600 square feet of office use. This building was approved on 6/13/89 (minutes enclosed) but was never built. This property located at 83 Ethan Allen Drive lies within the I-C District. It is bounded on the west and east by industrial buildings, on the north by Ethan Allen Drive and on the south by Commerce Avenue. Access/circulation: Building coverage is 18.4% (maximum allowed is 2 M E M O R A N D U M To: South Burlington Planning Commission From: Dick Ward, Acting Fire Chief Re: April 12, 1994 agenda items D a t e: March 3 1, 1994 SOUTHEAST SUMMIT - REVISED LOT LAYOUT - PROJECT 92039 Plan is acceptable, all other concerns and recommendations as submitted by Chief Goddette will remain unchanged. MYERS PROPERTY - SEVEN (7) LOT SUBDIVISION - PROJECT 89-70 Plan is acceptable, previous comments regarding hydrants and private drives remain unchanged. O'BRIEN BROTHERS AGENCY - 1855 WILLISTON ROAD - PROJECT 90130 Plans originally reviewed by Chief Goddette October 13, 1993. Plan is unchanged and is acceptable. S.B. COLLINS - ROUTE 7 - SHELBURNE ROAD - PROJECT 829-1 Plan amendment provides for better access to the rear of building. Plan is acceptable. the uncompleted secondround of the Players Championship. There ;s no assurance, however, t,,at Zoeller's advan- tage would stand up when Greg Norman and 71 others completed second -round play Saturday morning. They were He said temperatures in Tokyo were just above 'ezing when he departed I the balmy Texas weather, with temperatures near 80, helped a bothersome sore shoulder. "Warm weather OK, cold no good," he said. Si3LJ04E514MJLV&:1 =oaday F9�rida.yg 9 a.m.-4 p.. 91111.,5r 123 Industrial Aver Williston, Vermont 0- WIN 1 F,R 802-864-8300 LINKS Open daily 9 to C1 ssified I I For merchandise valued up to $10.000. Prepaid, privale LEGAL NOTICES 1 AGENCY OF TRANSPORTATION, MONTPELIER, INVITATION FOR BIDS Sealed bids, on forms fur- nished by the State, will be recieved until 11:00 a.m. prevailingtime on Friday, April 8, 1994, at 133 State Street, Room 319, Montpelier, VT for the construction of the project hereinafter de- scribed. The time of re- ceiving and opening bids may be postponed due to emergencies or unforseen conditions. LOCATION: Shop In- spection 1994(1); Na- tional Eastern Corp., Plainville, CT; Structural Accessories, Terryville, CT; Cosmec, Inc., Wal- pole, MA; East Coast Steel, South Portland, ME and Concord, NH; Precise Fabricating, Georgetown, MA; Auciello Iron Works, Hudson, MA; and Merri- mac Sheet Metal, Con- cord, NH. CONSTRUCTION BEING: Shop inspection of struc- tural steel fabrication and non-destructive testing and/or shop inspection of the fabrication of bridge railing, bearing devices and expansion joints. Plans and Bid Proposals may be seen and ob- tained at the Agency of Continued Next Column LEGAL NOTICES 1 Transportation, Montpe- lier, VT. Minimum wage rates predetermined by the Secretary of Labor for the project are set out in the advertised specifica- tions and bid proposals, and such rates are a part of the Contract covering the project in accordance with Section 115 of the Federal -Aid Highway Act of 1956. This Contract is subject to the Work Hours Act of 1962, PL 87-581, and implementing regula- tions. Contractors must perform this work under the Fair labor Standards Act (Federal Wage -Hour Law) as well as all other applicable labor laws. Minimum labor and truck rates have been predeter- mined by the State Trans- portation Board and are set out in the Bid Propo- sal. Contractors bidding on this project must be qualified in accordance with Agency Regulations. The Vermont Agency of Transportation hereby no- tifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertise- ment, minority business enterprises will be af- forded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, or national origin in con- sideration for an award. The right is reserved to reject any or all bids, to waive any formality and any and all technicalities in bids and to accept such bid as may be deemed in the best interest of the Continued Next Column NOTICE POLICY HOLDERS ANNUAL MEETINGS The Annual Meeting of the Patrons and Farmers Co-operative Fire Insurance Companies will be held on Tuesday, April 5, 1994, at 10:00 a.m., at the Home Office, Washington Street Extension, Middlebury, VT. The Annual Meeting of the Rural Co-operative Fire Insurance Company will be held on Saturday, April 9, 1994, at 10:30 a.m., at the Masonic Temple in Wallingford, VT. LEGAL NOTICES 1 awarding agency. Montpelier, Vermont March 26, April 2, 1994 NOTICE OF FUNDS AVAILABLE The Burlington Housing Authority is soliciting ap- plications for sixteen (16) Section 8 Project -Based Certificates for landlords with rental units in specif- ic target areas in the City of Burlington, Vermont. The target area for Group One applications is the greater Archibald Street/]ntervale Avenue neighborhood in the Old North End of Burlington; the Group Two target area is the entire Old North End (exclusive of Group One sites) and the King Street neighborhood. All responsive Group One applications will be funded before any Group Two applications will be considered. Maps of the Group One and Group Two target areas are in- cluded in the applicatin kit. Applications must be received by 4:00 p.m. on April 26, 1994 at the Burlington Housing Authority Office, 230 St. Paul Street, Burlington, Vermont 05401. Only ap- plications submitted in re- sponse to this advertisement will be con- sidered. For information and an application kit, contact Mike McNamara, Burling- ton Housing Authority, (802) 864-0538. Equal Housing Opportunity. March 6, 16, 26, 1994 NOTICE The Greensboro Nursing Home, Greensboro, Ver- mont 05841, is required by law to give a reasona- ble amount of service at no cost or less than full cost to people who can- not pay. If you think that you are eligible for these services, please contact our business office at the Greensboro Nursing Home and ask for assis- tance. If you are not satis- field with the results, you may contact the Vermont Department of Rehabilita- tion & Aging, 103 South Main Street, Waterbury, Continued Next Column LEGAL NOTICES VT 05495. March 26, April 2, 1994 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, April 12, 1994 at 7:30 PM to consider the following: Preliminary Plat applica- tion of David DuBrul for sudbdivision of 4.76 acres of land into seven (7) lots (six (6) single-family and one duplex), 1001 Dorset Street. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission March 26, 1994 PUBLIC INFORMATION MEETING The City of South Burling- ton and the Vermont Agency of Transportation will hold a public informa- tion meeting on the pro- posed plans to replace the Van Sicklen Road Bridge (Williston- South Burlington TH-9349). The meeting will be held at South Burlington City Hall at 7:30 PM on Monday, April 4, 1994. A set of the plans are available at the City Manager's Office, 575 Dorset Street. Further information or written comments should be di- rected to Chuck Hafter, City Manager, 575 Dorset Street, South Burlington, VT 05403. Charles Hafter City Manager March 26, 1994 PUBLIC NOTICE Vermont Agency of K ' 1-tum, esorces Department of Environ- mental Conservation Solid Waste Management Division Continued Next Column c crz - , - ---- _ ci -,�- 1 aj 4 15: (( a I aas� PLANNER 658.7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 March 25, 1994 David DuBrul 500 Pine Street, 1M Burlington, Vermont 05401 Re: 7 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesdays Planning Commission meeting and comments from City Engineer Bill Szymanski, Acting Fire Chief Richard Ward and myself. Please be sure someone is present on Tuesday, March 29, 1994 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Si ee1V e Weith, City Planner JW/Tncp Encls M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments March 29, 1994 Agenda items Date: March 24, 1994 MYERS ESTATE - DORSET STREET 1. Driveways will require culverts. 2. Lots shall drain westerly. 3. Power and telephone to units should be underground. ETHAN ALLEN FARMS INDUSTRIAL PARK- LOT #33 Method of draining site should be shown on the plan. STORAGE/DISTRIBUTION FACILITY - LOT #14 - ETHAN ALLEN DRIVE Site plan received by City 3/21/94 prepared by Graphic Services is acceptable. OD 40'� y� w / yo x o 57=1 10 5-,- PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, April 12, 1994 at 7:30 P.M. to consider the folloWring: Preliminary Plat application of David DuBrul for subdivision of 4.76 acres of land into seven (7) lots (six (6) single-family and one duplex), 1001 Dorset Street. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission March 26, 1994 CITY OF SOUTH BURLINGTON I I Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of a. Owner of record YV `" ��`"j S' �- ;� 1 ��. �J . • (J b. Applicant C. Contact 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 157 s Fz- i,ti 3) Applicant's legal interest in the property (fee simple, option, etc. <�V P2��, /L" 4) 5) Names of owners of record of all contiguous properties PW .57�7-, Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. .. A I / It-W O 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. T Ce, 15r� "z `, - 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: iV 1 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utiliti -ano open space. 5) Date, rue no arrow and, scale (numerical and gr c). 6) o n p. showing relation of proposed subdivision t a sac t,property apd surrounding area. ( ign a cant or contact person Date 2 CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record 5 A�9jYi s a Sr T5 �t ,y-6V b . iiF.p11Cani: / z,,z C. Contact 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 3) cs ,L crT3 �lt 5-�-2 s L 0 (::-' l h'7-c3 4-- V Applicant's legal interest in the property (fee simple, option, etc. 4) Names of owners of record of all contiguous properties 9' FST747 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. !i�J/<J,��' Ak" 6) Proposed extension, relocation, or modification of municipal } facilities such as sanitary sewer, water supply, s�treetcs, storm drainage, etc. o Cc- c+ e GL/ I F.P - 11kl4VIY-04-OF oN 1N0I4N c'.�,� ,�• 3 c41fa C"� 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: ; {l s 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type d and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and Proposed streets, utilities, and open space. 5) Late, true north arrow and scale (numerical and graphic). 6 ) Lo anon m showing relation of proposed subdivision t a Ja ent p operty and surrounding area. 7 c7V (Signa r ) a icant or contact person Date 2 40, .. . ...... . .. 14 Memorandum - Planning March 8, 1994 agenda items March 4, 1994 Page 4 square feet within the existing mall building is proposed to be leased for a 154 seat standard restaurant. The last review of the property by the Planning Commission was on 8/31/93 for a subdivision and parking area expansion. Access/circulation: No changes proposed. Coverage/setbacks: Building coverage is 24% (maximum allowed is 30%). Overall coverage is 69.8% (maximum allowed is 70%). Setback requirements are met. Landscaping: Applicant should provide an estimated cost for the addition so staff can determine the minimum landscaping requirement. The revised final plat should include a detailed landscape plan meeting the minimum requirement. Parking: The minimum parking requirement based on gross leasable area is 2726 parking spaces and 2,771 spaces are being provided. This is 45 spaces more than is required. Traffic: ITE estimates that this addition will generate 3.6 additional vehicle trip ends during the P.M. peak hour. The Planning Commission should decide whether a Level of Service analysis should be conducted. Lightings: Details of any additional exterior lighting should be submitted for revised final plat. Sewer: The additional sewer allocation needed is 434 gpd. The applicant will be required to pay the per gallon fee prior to permit. 6) DAVID DUBRUL - 8 LOT SUBDIVISION - SKETCH PLAN This project consists of subdividing a 4.76 acre parcel into eight (8) lots ranging in size from 19,080 square feet to 39,744 square feet. The Planning Commission reviewed a sketch plan of this property by a different applicant on 11/9/93 (minutes enclosed). This sketch plan is similar to the one previously reviewed. This property located at 1001 Dorset Street lies within the R-2 District. It is bounded on the north by the Indian Creek entrance 5! Memorandum - Planning March 8, 1994 agenda items March 4, 1994 Page 5 drive and a single family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east by Dorset Street. Access: Lots #1 and 2 are proposed to share a curb cut on the Indian Creek access drive, lots 3, 4 and 5 are proposed to share a curb cut on Dorset Street and lots #6, 7 and 8 are also proposed to have a curb cut on Dorset Street. The two (2) lots with access to Indian Creek Drive will add two (2) dwellings to a cul-de-sac street which serves over 50 units. Section 401.1(7) of the subdivision regulations limits the number of units on a cul-de-sac to a maximum of 50 units. It is staff's position that curb cuts on this street is safer than more curb cuts on Dorset Street. Indian Creek Drive is a private street and applicant must obtain an agreement with the property owner to use this access. Lot size/frontage: The minimum lot size in this district for single family homes is 19,000 square feet with 100 feet of frontage. These requirements are being met. It appears that lot #7 will not have sufficient space to build a house due to the driveway, wetland and sewer easement. Density: The maximum density allowed is 10 units. Five (5) of the lots will be large enough to accommodate a two-family dwelling. The applicant is proposing to convert the house on lot #6 to a duplex leaving only one (1) other lot available for a duplex. The plan should indicate which lots will be for single family dwellings and which will be for two family dwellings. Sidewalk: The Public Works Superintendent recommends that a sidewalk be constructed along the west side of Dorset Street. The applicant should construct a sidewalk along the Dorset Street frontage. Wetland: This site contains a class III wetland which is shown on the plan with buffer strips. The preliminary plat should note the acreage of the wetland area. No construction, fill, removal of vegetation or mowing of grass should be allowed within the wetland or buffer strip. 5 Memorandum - Planning March 8, 1994 agenda items March 4, 1994 Page 6 Lot trees: The preliminary plat should show two (2) hardwood shade trees with a minimum size of 2 1/2" caliper for each lot. The plan should indicate type, size and species proposed. Private Roadway: Section 2.022 of the Public/Private Roadway Policy requires that "all private roadways shall be a minimum width of 30 feet with parking and 24 feet without parking". The plan shows an 18 foot roadway width. Other: --- applicant is reserving a 17 foot strip along Dorset Street for dedication to the City for widening of the street. This is shown on the sketch plan. --- a note should be added to the plan to indicate that the front setback is measured from the planned r.o.w. 7) FACTORY OUTLET MALL ILLEGAL PARKING This item was continued from the 2/22/94 meeting. At that meeting, the Commission reviewed results of the 3-year parking study. The Commission concluded that unsafe traffic conditions exist on the site due to the occurrence of prevalent illegal parking, particularly in areas #7 (access/fire lane) and #2 (parking area in front of Grand Union). Condition 7(f) of the 9/27/88 approval allows the Commission to direct the applicant to impose measures to mitigate unsafe traffic conditions if the Commission determines such conditions exist. A possible mitigation measure discussed by the Commission at the last meeting is for the applicant to hire parking lot monitors to direct vehicles to legal parking spaces. Based on my review of the parking study data and information submitted by the applicant, I recommend that a parking lot attendant monitor the parking areas and access lanes in front of the building on Fridays during the hours of 2:30 P.M. to 6:30 P.M. and on Saturdays during the hours of 12:00 P.M. to 4:00 P.M. The parking data shows that illegal parking in Area #2 is primarily a problem on Saturdays. However, in Area #7, illegal parking occurs throughout the above referenced hours on both Fridays and Saturdays, all months of the year. The applicant submitted an hourly count of illegal parking in Area #7 which was conducted on a Monday in February. This information showed that illegal N. PLANNING COMMISSION 9 NOVEMBER 1993 PAGE 8 8. Sketch plan application of Alan Gigure for the subdivision of a 4.76 acre lot into 8 lots, 1001 Dorset St: Mr. Burgess stepped down during this discussion due to a conflict of interest. Mrs. Maher presided. Mr. Gigure located the site across from the new city park. They want 2 private roads off Dorset St. to serve 6 of the lots. The other 2 lots would be served by a road from Indian Creek develop- ment. He noted this is two fewer lots than originally proposed for this development. Mr. Sheahan was concerned with another 2 lots being served with a cul de sac. Mr. Teeson didn't feel this was as critical because it is at the beginning of the roadway and the lots are easily access- ible. Mr. Weith noted that a private road can serve 4 lots. Mr. Austin asked for the location of the hydrant to see what emergency service would be. Mr. Teeson recommended not splitting the driveways between properties but having the drive all on one property with a right- of-way. Members wanted the sidewalk to be built. Mr. Burgess rejoined the Commission for the next discussion. 9. Discussion with Judge Development Corporation of a proposal for an expansion of a shopping center/office complex by acquiring additional land and adding a commercial building, 100 Dorset St: Mr. Judge said he is discussing purchase of the Arby's lot which would then be exchanged with a piece of land owned by Ramada. This would allow 100 Dorset St. to become a pcd because it would have the required acreage. Another building would then be possible. The big issue is the proposed city center roadway through 100 Dorset St. back to Mary St. and on to Corporate Way. The building he would like to propose would block that roadway. He suggested another pattern for the road. Mr. Weith said the City Center planned to have a grid system of streets. In addition, from a traffic distribution point of view and a City Center infrastructure point of view these roadways are important. The question will be whether the city wants to give up that long range plan. Mr. Judge questioned a city center road in a C-1 zone. Mr. Burgess said it is not a city center road. It is just a road. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 4, 1994 David DuBrul 500 Pine Street, 1 M Burlington, Vermont 05401 Re: 8 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent to you at an earlier date. Please be sure someone is present on Tuesday, March 8, 1994 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, Joe Weith, City Planner JW/mcp Encls Memorandum - Planning November 9, 1993 agenda items November 5, 1993 Page 6 8) ALAN GIGURE - 8 LOT SUBDIVISION - SKETCH PLAN This project consist of subdividing a 4.7o acre parcel _L eight (8) lots. The Planning Commission approved a nine (9) unit PRD on this parcel on 10/9/90 which was never constructed. This property located at 1001 Dorset Street lies within the R-2 District. It is bounded on the north by the Indian Creek entrance drive and a single family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east by Dorset Street. Access: Lots #1 and 2 are proposed to each have a curb cut on the Indian Creek access drive, lots 3, 4 and 5 are proposed to share a curb cut on Dorst Street and lots #6,7 and 8 are also proposed to have a curb cut on Dorset Street. The two ( 2 ) lots with access to Indian Creek Drive will add two ( 2 ) dwellings to a- cul-de-sac street which serves over 50 units. Section 401.1(7) of the subdivision regulations limits the number of units on a cul-de-sac to a maximum of 50 units. It is staff's position that curb cuts on this street is better than more curb cuts on Dorset Street. The issue of whether or not the first couple hundred feet of Indian Creek Drive should be made public needs to be resolved. Indian Creek Drive is a private street and applicant must obtain an agreement with the property owner to use this access. Lot size/frontage: The minimum lot size in this district for single family homes is 19,000 square feet with 100 feet of frontage. It appears that these requirements are being met. Density: The maximum density allowed is 10 units. Wetland: This site contains a class III wetland which should be protected. The Natural Resources Committee reviewed this site as part of the previous application. They recommended a buffer zone around the wetland. The placement of fill, removal of vegetation or mowing of grass should be prohibited. Sidewalk: The Public Works Superintendent recommends that a sidewalk be constructed along the west side of Dorset Street. The applicant should construct a sidewalk along the Dorset Street N. Memorandum - Planning November 9, 1993 agenda items November 5, 1993 Page 7 frontage or contribute $15 per linear foot of frontage to the sidewalk fund. Other: --- applicant should reserve a 17 foot strip along Dorst Street for dedication to the City for widening of the street. This is shown on the sketch plan. --- existing house will be removed. 9) JUDGE DEVELOPMENT - 100 DORSET STREET EXPANSION - DISCUSSION Peter Judge would like to discuss with the Planning Commission his proposal to expand 100 Dorset Street. This proposal would involve merging the Arby's lot with the Ramada Inn parcel, a boundary line adjustment between Ramada Inn and 100 Dorset Street to transfer some undeveloped land to 100 Dorset Street and develop the newly acquired land with a commercial building. This development proposal will also involve site modifications to the 2 Corporate Way property. The building would be moved to the east and the access would be relocated from the east end to the west end of the site. The proposed building would be placed in the center of a proposed City street connecting Dorset Street with Mary Street as on the Official Map. The main issue which needs to be discussed is the proposal's inconsistency with the City's Official Map. As shown on the enclosed copy of the Official Map, a future City street is planned to connect Mary Street with Dorset Street by cutting across the subject property and 100 Dorset Street property. The applicant is proposing to construct a building in the proposed public street. State Statute gives the City authority to deny the issuance of a permit for a project that is inconsistent with the Official Map. The City has 120 days in which to decide whether or not to pursue condemnation of the proposed public r.o.w. I believe the City Council will need to make the ultimate decision, however, they will be looking for a recommendation from the Planning Commission. Tuesday's meeting is intended to initiate discussion on this issue. 7 �� MAN hCY. E '1 MELEV= /NV EL EV -- ( y 7 q ED � � � �, INDIAN C}2EEK CONDOMINIUM ■`�E C ' \ ASSOCIATION INC. Ya. IB,, PF 2RS "M TO Pt AM 9Y nT AT yyy LLEME]l YR ASSOMTES = E B 1 �994 V,� M. CI. C, PARCS 33. M • 02 8 0m City of So. Burlington as E \ ElEy = RIDGEWOOD ESTATES DEVELOPMENT INC. SU PUM BE nWD KOFMER M,m Kl , 53, M 7 / /- (i - �� / 3'E •r i -� Y lfi �� GNA4 z N / 344 , v i" / Mkt- I ✓' � PARK//.G ,�RE4 � j / w �, j46 / tit r 4g LOT tbrw Ml ._/ v \ .Y k y ` LOT -_ ,�/ . .r. w • ♦ .♦ r • • .r e e Q2 A �AtMFT sap ID' [ AC'i �T / 20.502 u s✓v `.`�`.`. `.`.`o"..`. i5 ♦ . `�, ' M7s. /- r _ FCEY . • a r r .y A ♦ • r ,x A7 AC ./- / . �. ` s744 ►..i.` . LOT' aest2 ar. J ♦� 1 It 7o. To . �. TO- \ \ m I ♦ }59 / — i `/ TEMPLE SINAI INC. / ©� 0 74 "fTo, / ta. tW. Pc ,, _ `,t6,� /I/ °d Bcz�Eo(V z7 �f "� oL dS \\\✓/ �yN'_�' ; -� MAP SITE \ \ \ SCALE t' 0 Grophfc Scale 9MMOMM09 feet 40 0 40 80 120 160 ih1 09aV hW IV6nV tRF ,�y ll.- 364- ' Po1rFFB 7£L EPhtC'k riYFS PoWER�ECMCE. o0 366 --� NYV ev XW S7Cr0 fLtihA4)7 CYWZ r100 6 ` South 1 v� j LOCATION MAP ouw. Dc 9.6rA9(w OA nc ,J6 Aac Rwrz —A WM F (0) ro A M WMEE F— RE9IDD4T WM T,c rATVP s'MFt F toe Rai R RDAJ�Att21 Alq tES1cnFD T'RO iAMLY ,AR. 2 MMt T Nlra DAw SW PK 5TRFLT XAr TOIA tvwrT — ?) ZOtRIc 06T ' tFSLOn 2 POt AOtF (R2) c) PpRTRD U9B arAE M T.o ....v pRuiAtcs 01510yM' ACR590RY U5C5. I�pTA4 M�QAIIR 4) Al1AMBlF LOT 9ff'Y lDT AREA - ,Y,000 L- �QE FA��, zz000 ss. FA1aV) f11011TA0F - ,W IECT 30 It1I iRbn YARD RFT - JO FFY tRRwRwt SCEYMO SE,iNOc-,O fFET tYR.V a) LOT L BULOrC3 - 2pf MA,011A1 tAAlllKtt, rAtraMF ouT4pE 11DRASF i oonACls SOD PK S1RffT wAaA+a wra„ oaD, (tar) w-,ow MAMW M NCS ROM, PAW catArestvt wrrwT aea♦e ca.rAn: ace eDtwMlDta (!M) es3-aoeo ,. ,1R5 AlE PUM M5 OCYQOKD N SRSRTI P W.C. CT tK Ott ff SVOM RUINC,OIt F T[ aty n♦o 5 ttoTO cauttaiFs As PM ACaAAi RwtRwn SOODARv ]UAKv. PIgQTY uC5 ]MpM1 AK NPROWAIC MO ARC A IUFRDIK OLY. AYD WY i>iTR AS tl OnCAOID CM A uctc AcaRun PrtoPvcn saRawr awKY. z 10-7 t PROPERTY OO-G IFS OF 10 AR[ FASm O1 TFw PROPOnY Su+KY AILED 'FftA PUT OF IM DORSFT simr LAST RlMSFD 12 PR�ARD M uAw. v WAD, lS +Rl OF vu%".T 90. M OMP OTOK vmMcwY! LRB in01n C-)B Fln NOTED 'Exw 1/17/9 erne 94102 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 24, 1994 Mr. David DuBrul 500 Pine Street, 1 M Burlington, VT 05401 Re: 8 Lot Subdivision, 1001 Dorset Street Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please respond to these comments, if appropriate, with additional information and/or revised plans by no later than Monday, February 28, 1994. If you have any questions, please give me a call. sin ely, Rai Belair Zoning and Planning Assistant RJB/peh Enc. Agenda Items 3/8/94 February 23,1994 Page 2 Applicant should provide traffic data mentioned in February 9, 1994 memo. Will Rocky's Pizza involve take-out and delivery? Provide details for all existing and proposed exterior lighting. Show locations on plan. DAVID DUBRUL - 8 LOT SUBDIVISION - SKETCH PLAN Plan should show type of, location and approximate size of existing and proposed utilities. Project notes should be revised to reflect the correct front yard setback of 50 feet from planned r.o.w. (see Section 18.101 of the zoning regulations.) MEMORANDUM TO: South Burlington Planning Commission FROM: William Szymanski, City Engineer DATE: January 28, 1994 RE: Preliminary Comments March 8, 1994 Agenda Items PIZZA PUTT - AIRPORT PARKWAY 1. Parking area shall be graded so that it drains toward the vacant land to the north and toward Berard Drive. 2. Plan received February 17, 1994 dated June 1991 is acceptable. UNIVERSITY MALL - DORSET STREET Site plan dated 6/7/93 with latest revision dated 2/9/94 prepared by Pinkham Engineering is acceptable. BEVERAGE WAREHOUSE - 364 DORSET STREET 1. The curb opening between #366 and #364 has been eliminated. Access to the three angle parking spaces along the north side of building 366 will be difficult. 2. The distance between buildings 366 and 364 and the edge of the proposed bikeway is about 22 to 25 feet. If this space is to be used for vehicle traffic the bikeway should be protected with a barrier concrete curb. MYERS ESTATE - DORSET STREET 1. Plan should show utilities, water, sewer and power. There exists water and gas mains along Dorset Street. These should also be shown. 2. The shared drives should be wide enough to accommodate two (2) lanes (18' minimum). 3. Indian Creek Drive is a private street. It's use should be included in an agreement. 1'�:• : ; �, . BUR LItft"TC)LI Ff hULi l L1, l.'+JViPlIS` ION VP.; d".1: ,'H L EF + 1.)1'.+C�E'T`PE L E: 'I'►►ESDAY MARCH 8 —199?1 A+;E;LIL)A I'I'EMf:3 ()i;'PF : 'I_'UESDAY N-`E BIMJAV= Y ', 1.99(1 (1 1 . 3 f-: ll :r-TPEET SITE F LAtl PRC)PERTY HEE[f PEii I E;WE I, Alll) 4T '1'I{I S TIME I l ,c_r H(Jl` EF: A PlT, BL,)JM WITH THE C'HANGIE,1-11 FoR THE PROJECT. WHIi:,'..H 1rrt.:AR 1:,; E.FFEi'll' EME.P.+':I.EIfr_".Y PP.()TEc:'TT()tl. ESTATE DIVFE'D r . -. I I.."HE L;[.'1tT HAS BEEN 1?.FV LEWFI) Ff(lb A'.i' THIS TINE l 1[A ,7 E; A. P.R+:>BL,EPI WITH THE MAIN FEEDINGr MORE THEN CANE L f l.' . 1.'HE; PI:.,A0 IS MARKED 15' Wf DE , F:TRE; LANE BY +_'CrDE MLl'S7' FEE: II+.% .l E;,', THED IS' WIDE AI`IL> :ROIL..[) WAYS IN FRONT OF Blrl L,f+Tl CIS MUST BE 30' WIDE. WE DO ALLOW 2111 WIDE 11:' THERE ARE TWO WAYS TO GET EMER(JENGY EQUIPMENT 10 W I `1.'H THIS PLAH I DO rf+_i°.r.' FEEL, WE CAl l GIVE .ENTER+JELL(-" L' V l: L_,.E PPOTEC'TION IF NEEDED WITH OUT MAKING' THE NIAII\I ROAD." WIDER, 1 . P I Z Z_A - PUT D:ATEf) - I L► -':a 1.. A l P F-(=,RT PKWAY PROJE(I'T HAS REFAI P.EVIEWE;I, AtII% A`.F 'I'lVIE .1: 01) l:fC"T SEE Tl_ .PROBLEM FC)R EMERGElKl t Pill()TEC'TION IF LdEELE1 4 , (J - (vt A 1.., i, A D D I T I +-)td PF'.(+J fI' +.:''I' # 6 `:+ _+ ..1. STREET THF P1.1ALl HAS BEEN REVIEin1E;1;I F-P. THE AD.DPrliA,f 'T") THE 11.`!l=.l,t., Atib Al' THIS TIME I DO 110T SEE WHERE THE ADDI'1'10H Wll.l ;:'HP:LI+SE FMER+rE0C.Y PP.CrTE;{"'TI+>tJ fF RE'IJJIRED. PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 December 9, 1993 Alan Gigure P.O. Box 3114 Burlington, Vermont 05402 Re: 8 Lot Subdivision, 1001 Dorset Street Dear Mr. Gigure: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the November 9, 1993 Planning Commission meeting minutes. Please note that you have six (6) months from the sketch plan review meeting to submit your application for preliminary plat review. If you have any questions, 1 Encl JW/mcp please give me a call. S ' nc rely, Jo Weith, City Planner :17� m� C iP �G' co:-� - 0�� er�� M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments November 9, 1993 Agenda items Date: October 15, 1993 O'BRIEN BROTHERS - 1855 WILLISTON ROAD Plan dated March 1991 prepared by FitzPatrick-Llewellyn, Inc. is acceptable. ALLENBROOK HOME - ALLEN ROAD The approximate 500 square foot addition will contribute an insignificant amount of storm water run-off to the Bartlett Brook watershed area. I don't see a need to study the effect. VERMONT GAS SYSTEMS - SWIFT STREET Plan received by City September 9, 1993 prepared by Jim Lamphere is acceptable. 100 DORSET STREET - PETER JUDGE DEVELOPMENT Plans received June 10, 1993 prepared by Dunn Associates are acceptable. MYERS 8 LOT SUBDIVISION - DORSET STREET 1. Lot No. 1 & 2 front on Indian Creek Drive which is a private street. An agreement between the Indian Creek home owners association will have to be entered into. 2. Dorset Street curb cuts should be limited to two. A suggested combination is lots 3,4,5 for one and lots 6,7,8 the other. PLANNER 658-7955 Alan Gigure P.O-Box 3114 Burlington, Vermont City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 05401 November 5, 1993 Re: 8 Lot Subdivision, 1001 Dorset Street Dear Mr. Gigure: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent to you at an earlier date. Please be sure someone is present on Tuesday, November 9, 1993 at 7:30 P.M. to represent your request. If you have any questions, please Encls JW/mcp give me a call. Si ce ely, (d(- J e Weith, City Planner r TEMPLE SWMimwc. VOL kc19 PG. 127 r MAGNEr�C �,oRrN Tigv� EDGE or w ET LA A b S RlDGF WCU0D f:ST'AT1-5 D!r-V EL.0pMFNT i QC. V0L. t53 �P&.-I PR07EC-V AREA = ¢.~llo ACRES MYERS USTATE siiRRva SHARD D cvR�3 c�-T-S Fx►STIw Cr crag ��TS t••40US�• TG 8 R�MC7��D 9.00 -A.0 0 ' too k 100' i 0o I i goo — DOR S E.T STREET `144.L1' -c- NDiiAN CaRF-CK 'CON OOMIN�UNS V ol. 081 _ p&. Z-95 ZNDTAN CRIF-E t\ D R7W E g'` SEw FA To EwsnNG i-Awtimf- XNDI>A}.1 CAFMIC DR. N olht-3 CR C Y ® UR1dE D Rau E C Rb CUTS t I 1 (", W ATER MFIIU 14y. tt —. �r Afrook AD SOUTH ; �' h�a„ OCAT/ON MAP \l I LL 1 AM 1 D1T M Ro$EN S-n�10 VoL . 10s , PG. 2-69 IVE OF 2 9 1993 City of So. Burlington 17' STRIP 0EV1CA► ED Tn Cx.- ,? , SCALE O 150 5 0 100' 2 00' Soo. t M�4GNEr�� NoarN *IS' T,QV� TEMPLE 610'11=NC VOL- k99 , P(. 11-7 EDGE k:TV or w T NDS RIDGE W000 F-S-rATtS DFV ELOPMENT T ►QC. VoL.k53 PG.-7 PROTECT AREA = 4-76ACRES M`f ERS ESTATE Si{hRED SHARE D cvg3COT5 EXISTING "ll LITS t+ous�, 8 Ren+�u�o --- --I - - - - r-�-- -- - 1006.00, -t- loop ioo' --f- i0o' --f- Sop NED OCT 2 9 1993 "it'! of So. Burlington �- T ND� AN CaR�Ck 01 CONOOMIN�UHS � __ � U 0L I(i . P& Z95 s —L OCUS \ -INDSAN CRF-1=n SOUTH/, ,,, DRI\) E }--J BURIN FASE W NT g' sew FA To r:xtsnF1Cr MANNOLf- _OC.OT/ON MAP TNDIAI.! GRrr-BkDP- `IN D$A?J D Rev 1= CU RQ CUTS �- 1 (." W A-W P, M i.»J DORSET STREET '144.L2' 10 �• 125' xND1AU CfZEEK VJILL%,\M1 ITN DRW E Ro6Et')srF l N VOL. log, PG. 2.6q 17' STRIP DEDICAVFD To CITY ` SZ()'a: W AEA SCA,LT- = 1'18" = Ioo FeEz p z5' so goo' �� . City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 15, 1993 Alan Gigure P.O. Box 3114 Burlington, Vermont 05401 Re: 8 Lot Subdivision, 1001 Dorset Street Dear Mr. Gigure: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please respond to these comments with additional information and/or revised plans by no later than Friday, October 29, 1993. If you have any questions, please give me a call. Sinc ly, 'J Raymond J. Belair, Zoning and Planning Assistant 1 Encl RJB/mcp M E M O R A N D U M To: Project Files f�� From: Raymond J. Belair, Zoning and Planning Assistant Re: Preliminary Comments, November 9, 1993 agenda items Date: October 15, 1993 VERMONT GAS SYSTEMS - PARKING ALTERATION - SITE PLAN --- plan as submitted is acceptable. CHAMP CAR CARE - AUTO RENTAL - SITE PLAN --- plan should be revised to accurately show locations of pole lights. --- provide lighting details for all exterior lighting and show locations of building mounted lights. --- plan shows six (6) existing parking spaces northwesterly of the car wash which do not exist. --- provide square footage of proposed auto rental office. --- provide front yard coverage percentage along Harbor View Road. --- staff recommends landscaping in the form of shrubs and trees between the new parking area and Harbor View Road. --- provide number of employees who occupied the space now proposed for auto rental. --- almost all the landscaping required as part of the approval of the car care building was never planted. All landscaping not planted must be shown on the plan as "to be planted" and all existing landscaping must be shown. A landscaping schedule should be shown on the plan for all landscaping to be planted. --- dumpster must be shown and should be adequately screened. ALAN GIGURE - 8 LOT SUBDIVISION - SKETCH PLAN --- plan as submitted is acceptable for sketch plan review. Preliminary plat --- a sidewalk should be constructed along the Dorset Street frontage. --- applicant should reserve a 17 foot strip along Dorset Street for dedication to the City for widening of the street. --- the two (2) lots with access to Indian Creek Drive will add two (2) dwelling units to a cul-de-sac street which serves Preliminary Memo - Planning November 9, 1993 agenda items October 15, 1993 Page 2 over 50 units. Section 401.1(7) of the subdivision regulations limits the number of units on a cul-de-sac to a maximum of 50 units. Staff will be recommending that curb cuts on this street is better than more curb cuts on Dorset Street. --- Indian Creek Drive is a private street, applicant must obtain an agreement with the property owner to use this access. --- staff recommends that the number of curb cuts along Dorset Street be reduced by providing shared curb cuts, one (1) curb cut for lots 6, 7 and 8 and one (1) curb cut for lots 3, 4, and 5. --- wetland areas must be delineated. --- plan should show watercourse running through the property and corresponding C.O. zone (50 feet either side of watercourse). There can be no parking, structures, etc in the C.O. zone. --- existing house will not meet side yard setback from the proposed boundary between lots 6 and 7. O'BRIEN BROTHERS - ADDITION & DRIVEWAY - SITE PLAN --- plan needs to show the lot lines for the Mobil lot. --- coverage information should be provided for the Mobil lot since coverage will be affected by adding the proposed driveway. Specifically, front yard coverage along Kennedy drive and overall coverage should be submitted. If either coverage is currently being exceeded or if the driveway will increase either coverage beyond the limits, the Planning Commission will not be able to approve the driveway. --- the proposed access to Kennedy Drive will result in the property being placed in Traffic Overlay Zone 1 (see Section 17.201 of the zoning regulations). This reduces the number of P.M. peak hour trip ends allowed from 102 to 34. The site, without the addition, is estimated to generate 93 vehicle trip ends (vte's) and with the addition to generate 99 vte's. The Planning Commission under Section 17.50 of the zoning regulations may approve peak hour traffic volumes above the normal standards if it determines that other site improvements will produce a net benefit for traffic flow in the vicinity. Staff is not entirely comfortable with the location of the proposed curb cut. It is immediately adjacent to the Mobil curb cut which may cause conflicts. In addition, traffic queuing at the Kennedy Drive/Williston Road intersection often back up past the proposed location during peak hours. Staff recommends that the applicant look into a possible connection to the Merchant's bank property which has been discussed at ' �� K- m�� Ni �� m� x��*��n/�� /��«��^"� 575 Barset i!�t°¢ct 4,omtb Nur1in0tun, lRermanf 05403 FAX: (802)658'47*8 (80e)658'7960 TO: FROM: RE: DATE: 1. 2. 3. 4. 91 S8. BURLINGTON PLANNING COMMISSIO� CHIEF GODDETTE NOVEMBER 9,1993 AGENDA ITEMS WEDNESDAY OCTOBER 13,1993 MYERS PR8PERTY DORSET STREET 8—LOT SUBDIVISION PLAN HAS BEEN REVIEWED ON THE 8—LOT SUBDIVISION FOR SINGLE HOMES AND Al- THIS TIME I DO NOT SEE A PROBLEM FOR EMERGENCY SERVICE. ENTERPRISE CAR RENTAL PROJECT 93053 HARBOR VIEW ROAD PLAN WAS REVIEWED ON THE 25 SPACE PARKING AREA FOR THIS PROPERTY AND I DO NOT FEEL IT WOULD EFFECT EMERGENCY SERVICE. O'BRIEN BROTHERS AGENCY PROJECT # 90130 WILLISTON ROAD THE ADDITION FOR THIS PROJECT WILL NOT EFFECT EMERGENCY PROTECTION IF APPROVED. VERMONT GAS SYSTEMS INC. SWIFT STREET ADDITION OF PARKING SPACES THE CHANGES BEING REQUESTED FOR BY VERMONT GAS WILL NOT BE A PROBLEM FOR OUR DEPARTMENT FOR EMERGEHCY PROTECTION IF REQUESTED. 100 DORSET STREET USE CHANGE MOVIE THEATER THIS PLAN HAS BEEN REVIEWED AND THE CHANGE OF THE USE FOR THE BUILDING WILL NOT EFFECT EMERGENCY PROTECTION IF NEEDED FORM OUR DEPARTMENT,, S. ALLE0BBOOK HOMES ADDITION 100 ALLEyV ROAD THE ADDITION FOR THIS PROJECT WILL NOT EFFECT EMERGENCY PROTECTION IF APPROVED. CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record 4 V-"%4c�s. I�+i 2) 3) b. Applicant ,%Lar.► &1QUre- C. Contact V-0 -5114 Purpose, location, including number use(s). and nature of subdivision or development, of lots, units, or parcels and proposed ab-d�vrsres�r _ %oo :•za -r►�e Applicant's legal interest in the property (fee simple, option, etc. Oa tONEIS. 4) Name`s` of owners of recor1,d of all conCCtig11uous properties W,esAPlaaeWoo 40 sfi��_ ��,�opN►ev�� as� Igor � - 5i-r - 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Proper"A is' seyo ere aE'�S�mt�it� 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Sytr,IQ f6m 160 Wo I eA mu ( N - Qc64 Vim+ scsik,ea. OFF -J:t4c 64O'by �r 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed 'restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utilities, and open space. S) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. _�,&-- ; C'� Q �c -A �CO 1-1 1Ctg3 (Signature) applicant or- ontact person Date 2 MA&A; NoRTM *IS• �NO�AN GR�CK TQV� RIDGE WOOS t STA7r5 CONDOMINIi>N$ OEV ELOPMFNT TWC • ASS�:ATrou ANC• UoL 181, P6 z95 VOL • 153 t?G.-7 PR07ECT AREA = 4.16ACRES ZNQIAN M`(ERS ESTATE CREEn DR�v E EASt<WNT 90 SEvi FA TO E lsnv c- MMAMOLtE 0 zf�wIAIW GRVEkML CEO 'EMPt.E cl� z•NotRtJ �INAI zNC. CREr K CREEK OL. t99 , DR�v I,g,tb B914E C . 117 Cu Ra GUTS L©TS 2s0 Ex15TltJv r+ous k. 1d Z LOTS 3— Q, 131 •i`I DORSFT ST; 1.00. -too' 100 ' - i 00, 100 LYV•ZZ 100' 1 f." W 11TEt1 MA�tJ DORSET STREET -144.Z2' s -L OCUS SOUTH; -=J BU,RLKI � OC.4ROW IV4,1-1 `J I LLIAM a ITN ROgE N Si'E 1 N vex. iuF) PCT. 26q y r TFHPlP- SINMImlI - VOL- k99 �6. 11-7 A'IAGNEr�� NoR rN + 15 R i DGT- W vc) D 4=- STIAT r 5 OIr-VEI._OpMENT i ►. C• vDL, 153 1p(r,-7 PROTECT AREA = 4,16 ACRFS MYERS Ec- iTATE \07 FX1STIwG 0600s k. too , —+ 10 0 , -4-- t00 4 00' ----- 00 ' -- — sop DOR S ET STREET 7yy.L2' I_ M < '� 4p - ��ND�� AN C2R�CK " CONDOMINIUMS *ro<,k ASSOC f�TIV-.I ANC L Vol. 08t . P6- Z-95 " s --L OCUS .h _ WWT ST, 3NDIAN .t iC SOUTH i' // EASI;�WNT V, SEW F-0. To 6-41s wG— Mj\t 1A0tj,;: :_OC,4T/ON MAP �hlDtt�t`1 GR�tiC DR. C. RF E I -DMA nR» E RogE N sTF- I N CU RIB' LUTS VOL • i C�Q� p&- 2 69 150 LOTS 131 •�`i LUT$ -3 _ SEP 2 7 1993 City of So. Burlington 1t,"WATF-RMF")tJ ILA LA. ti - SCAL1_ �c = I OO FEET 0 25� 50 10D` urriciai use City of South Burlington ` Application to Board of Adjustment Date Applicant ;%,fa<Q Dt-, F^Oe Owner, leasee, agent V_�' Address��o/,ryF Telephone # APPLICATION # HEARING DATE l/ll�l FILING DATE ' JT 0 FEE AMOUNT�� Landownerr44yCe�S��yT Address Location and description of propertty /Gyl (/defEr Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question 'a Apr 4AACp�- Reason for appeal r wncl�o t,ikr F x The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to sc-& e-rtraffic data and any other additional information which w•-1 serve as sup evidence to the Board. Hearing Date ur Appe ant Do not writ ----------------------------------- rf 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 -),- 7s, Day of Week ap"' //, lift —TMonth and D to Appeal of at 7 00 e3, /,4 Time- 4P to consider the following: / seeking a "I from Section ��2:°�Gt,Gt- a-'�,✓ fI�'°"en �, �._.�, .�",�- l �T - G � 0-'�«+�*� of the South Burlington Zoning Regulations. Request is for permission to 97 DUBRUL, David 1001 Dorset Street Area zoned R-2 District. Proposed use duplex (permitted) Section 18.00 Dimensional requirements, minimum side yard 10 feet, rear yard 30 feet and front yard 57 feet, Section 18.101 (no. of Swift Street). Existing setback of Myers house approximately three (3) feet from Planned r.o.w. Proposed 16'x24' detached garage to be constructed to within thirty one (31) feet of front property line. Section 19.00 Non -complying structures, sub section 19.002 alterations, 35% rule applies. F.M.V. $275,000 x 35% = $96,250. Estimates of renovations $150,000 = 54%. i i South Burlington ZoiU*Dg Board ' Sotith Burlington Vetinottt i I I MeMbers of the Board rat the outset I would like to bank'you fair hearEtnga i iw petition for '(1ie? gran tin bf a ((.)Ival inuce ,t the eoitversioti,of th e liigto c bulldijl ,s l:ia+?evti a.x tltC Ivlye ns l�t pedybt 10,01 Dorset Street. 1 am winteresled in site>sta27iiiil] reel vatirz Itlze islla g at}� lrcz.� its lc: �t d i c l cl condition unto lily own IlLree bedroon"t home and in 'two lYC'di of , m rentalatpe, tent, i ,flan to keep the architectural integrity of ilte✓ farrnx�'house i)i its eKislitag cosnfigutation of brie~.lyc 1. and clapboard sided wood w�rithout, distuibiiig lh, - .miuut. fbotpr .. 'ro do thi�, I'L renovatiotn y+'c+ur ct+rnsidc�rsntiv2i wvill' requirvii as,I s difiC6.,� tile followil ar ceaaa . t The ukistui ig fiamiliouse, built lit tine! 1850's, atul E1tk° zt4tac ltt l �1.:;.1 'ovlaiclt.ltr lafes it by thirty years ate: on the `state historic Regisicr aitcl it, ► d'-i- ici presic ore, t nis structure, a substantial renovation is .re(lrtii-ed. The l:ormer oatuci st ttrc 1\43, e^r"s fant.dN)'wrt l clone 1-46 to improve the property during rile eel1,rse of their So year m►nemhup therefore i:a arly all. computte uls of the building; requim: significant ialpiovctc N.I tip e oni A), With r;,¢r yeut cA)des and standards of livability. Byway bf example, there i,y ►io ittsulatioFn aitg, rZ the extwi-o • surfaces of the building, the existi g; windows am iaioix- c►bIt.. there is of structural weakness "' I seveml: sections of the building; the wilding and t ,►►tnnbiag are antiquated and all fI(x)rs need to be 1, veled.. ? Because of the historical nature of the fan,Wh u,ft 1111<l tag,., inherent hidden.-xprmses of renovation, there is no way to acctratety'eat iritate a ii:nai c..c st for 1!,eY t-e:Itor4�tio t, but vatiauce ;is tte cesstaty because it Will cettaaitxly be: ritote Omii dko ti)ixty we 1I;°1i e nt (3 5%) of cuarent appraised value allowed by zoning re;g uiations 3 1 have only fuse recently aeeluiced g3relol'liott to l;aaa+: f3di: ser tills grape �ty Trod? havel,wid Iloil lit to do with its past upk&ryr. 4 1 Nvisln, to sue, tl)is li.111.tilt' thisi oetght>~)rhood bar taut etniannLct.cnL .ytts hrstc)nt. 4liastactet ial.tt r, th let !..tic c.° A: ►► I'a+►.� Vitt'latice, a{ gmated, will allryr� i+:)r ttdia 4�3ntiViltl:D�.i 4?� iidl tlivfS::1b: "rat t': i;i +e1H�!, � .. t..+ l'> 1 Hui httgteon biker lxitha ,vinich is vv ],1 to itlnrxa tl^�e iataert��t �a if t� �:�tabl7r, neat .lt..�`,4,, i 5 1 arri petittcxtio a Variance e?lla 011,dy, t:,r e asl:ect tad t; le = , nag r f.� , t.,;. uo,r t,, I,) ttte± tititt,1111:►'it Modification that still ffeird's relic ate:d n PW, 0c he 'ltiiilk t�C:A7 r to c tlt�°i.6.111; �te�'s1 rxn►tip:, ra'r.?�t'i` F'120M, Mllllliii� 4.1 $OZON ZONING NOTICE In accordance with the South Burlington Zoining Reggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment 311 hold a public hearing at the South Burlington Mu nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, April 11, 1994 at 7:00 P.M. tc consider the following: #1 Appeal of David Du Brul seeking a variance from Section 19.00 No, complying structures an( LEGAL NOTICES Section 18.00 Dimen$ic nal requirements of- th, South Bulrlington Zonin, Regulations. Request i for permission to renc vate an existing structur which is non-somplying t, the minimum dimension, requirements and con struct a detached 6'x24 garage to within thirty -on (31) feet of the require front yard on a lot cor taining 4.6 acres, locate at 1001 Dorset Street. #2 Appeal of Gilbert Bai ney seeking a varianc from Section 18.00 D mensional requirement of the South Burlingto Zoning Regulations. Re quest is for permission t construct a 14'x22' add tion to within seven an one half (7.5) feet of th rear yard property line located at 26 Mountai View Drive. Plans are on file with th South Burlington Plannin and Zoning office, locate at City Hall, 575 Dors( Street, South Burlingtoi Vermont. Richard Ward, Zoning A( minstrative Officer March 26, 1994 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 28, 1993 Mr. David DuBrul 500 Pine Street Burlington, Vermont 05401 Re: Zoning Appeal Dear Mr. DuBrul: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on April 11, 1994 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend and be prepared to address the criteria enclosed. Very truly, Richard Ward, Zoning Administrative officer 1 Encl RW/mcp A"CMVW fSTArFs AF11Z a°MlrNr A1C Sir Ac.N'Orll 9AMM"AKA KX.4" mI Y• IDRIV RID�EWo - AWt71K.4iA ZI t'- • zta 6� • �T — — — ro'5fWW 1 FASFACAT --I i— I A?'vrt/rY A G I B J - i � O N O6732I w .ucsr rFARf SAW. 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J +� l.MfA61-,, rLO rWYA.CC afjD � erAtAVPA[�R 4 •....� FI14L PLAr or PARKPLACE loos L1gvSEr siwrr Sa BCA LAWAW , YFi9M'�vr O lt7' IO' d0 /1ri� KO' /1?O' + TYPICAL UNIT I" - 207 LMC FRiDOE � • I1 ('F N N I.IIAC (' ON('FNITR I Z I 1 PLAN ELEVATION 1 BRICK WALL 9 SIBERIAN DOGWOOD TORKMAIN- DORSETSTREET PLANTING PLAN REFER TO TYPICAL UNIT DETAL,^("FOryR ADDITIONAL PLANTINGS IR = 41I' EXISTING TREES k SHRUBS 4PROPOSED TREES A SHRUBS TREE PLA=G ��I�1�I�1/'R'u.•. ((II� NIiiI(, • r�I ��1 �I Ni�� =n-pl- �BI/1.r "�lll IIISJIIIE plLlll� °Y'' � yy_ �IIIIIII�NDI =B�IT1 � �-111=NI=INS s �urIB=1-111='I'=+ III-W=fI:,I �Ws11p�:11)a = E) �HRUB PLANTING 1' DN C—m. TV UTILITY EASEMENT ro ACT Fies PF. A CHECK R DRAWINGS PRIOR l'O DIGGING VIBURNUM HEDGE I(I iRUPIAN ('RANUMIM1•U' ION ('IjI,IMR EXISTING SIGN d PLANTINGS PLANT SCHEDULE PARK PLACE COMMON AREAS SEE TYPICAL UNIT PLAN FOR ADDITIONAL PLANT MATERIALS QUANTITY COMMON NAME BOTANIC NAME SITE NOTE 2! CO(.UMNAR NOR WAY MAPLE A pm —NI mlumaue Y - 2W R • B 21 GOU)PY WEEPING WRI 10 N,N � WHIP Bert Rm S 23 C(IMMON L.IIAC lMn11 wIYN1 1' . !' B A R N EUROPP.AN CRANBERRY BUlH V11,111m Mlim )' 1• BIt B N SIBERIAN DOGWOOD C— WN Nw— 1' . !' B B B Nam I -BOUNDARY SURVEY AND TOPOGRAPHIC SURVEY BY PALMER COMPANY, LTD. SOUTH BURLINGTON. VERMONT. 2 - CIVIL ENGINEERING BY CHAMPWN CONSULTING ENGINEERS. INC COLCHESIER. VERMONT. I - WEIIANDS DELINEATION BY NORMANDEAU ASSOCIATES, WILLISTON. VERMONT. PARK PLACE SOUTH BURLINGTON, VERMONT LANDSCAPE PLAN THE PALMER COMPANY, LTD SOUTH BURLINGTON, VERMONT PROJECT #%M 9.5-90 SCALE AS SHOWN ♦ L-1 J YaG c,TING 171ADGI. 1 \ \ MH - EXI hTIN// IKIJ V • TiJ 34B •-l' ae*4t VTo # REPLACE [,09fIO. PUIIJTIN61` fs \MN5 1 ! Z IJOB �EyKI�N. TCI rYJw 8 r7.'rA. NATE�ICI�--)umVI(�E-FI&♦X7 `j1JYTAN. AT IJ� oF'1'4 ITAR.`f�\ 1G[ 1 \ /-E%16TIIJh IF, DIA.COWEFLT \� w l.OG4Ttot`1 MAID /� � � \ `\ mm A♦JTI �iF• I � J l / / Gd JNLCTvr) �I \ //ti 3g-1 I a zo cIA. INJ. 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I poi"�•"'' � ' \ � 1 1 s ( 55b (\ \ l �4 I K;eM,.,JE 7xlhnl y %A Tor - \ �., �,• I \ / ` ' / 6%Ie.T IN6� I " p1A• WATi.C-MAIIJ - F1611"l ICI bT ES ' �t� E JG�o��6..SMfArH� AwfJ 6K17 lu.w Nr_�7i oIJ \ `.• 1 /, 1�� `v 11 A \ ! / 7AI�1VAFt7 24,1yyo0 4JRVL oRS .vr'LAr..I pa,T�^'. -Z P AJOA Y s�ra�ey I� Jew o �T u.n 0 MIfJA F:AMA�IIJME bEL��Y on1 IWX- GH PI.J.,J \ // l �O� � 6XIhTINln MAPLCf�Tb ICGI•LAIN A✓tG6Hr TFrJP/ZWTE f� MA2GM'l K1 o0',GAF'E a. eWMITI, dr 15,V TiNAl, " OF 1 IAT�b O J VNrG Z^ Iq''D. - bAT• VAWES- P. JC'(l-A,-��ilE� NH FTIN' • hun+vs�co aCe�21-101-TT LhrJp hV ZVTm IoPes. \ 362 �" Ilia PIPE O h. I� I -be"a wrrwc�l �rsa�esET xvic.i"T nio r(G7t�). •{{He .-,, NgCT wrv�.a�G� Ctr= II�o' \/ F12ri H(�IUNT � ALV IMA'J«/LM�.1T4 •�M� THE �". n w I Gvrwc _ 1'K4P'(1w waWiv VA'IF,Ic, Akm II.OUIF :r.0 /.N H ,Ir,u✓iu N✓1TbN r'Wr.Lc lcNr ,NgV61(iW\WJLAN V—•— Pdltlh �TUP-rHn,.Is. rowsb m .. •"O"n�v"°"•, NIYL6 FCo.I(x- �? I &'JfA�T '« / �•.1 Ot00 i bb F%TrER- f•OI.E AXoufz WAWA "CA T, OIJ 3 A i O Fnlx.lc✓.T1o0 C'90RtygE PCO /WbEI OrOlC� , '�•oN:t T'Aore 'U,iTrzi4TI,I(�ry M&f.JT ` iRA1^�. h6WGC. �'•rvlei�l ✓AW6C —`'— —ST- 17GVEI,Of NEN'r - J REVISIONS By 41C390 C r. G Ek?.� 51yi W z_ C7 �Mp z "o v a V W o �z 0 aol'-wz gm DATE 15.24.•90 EDALI I . DEAWM, DOE g012G EDER Gi 1 OF �p !MEET! J State of Vermont " v J r WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT CASE NO. WW-4-0366 APPLICANT Francis Myers ADDRESS Ms. Delma Wright, P.O.A. 22 Colonel Page Road Essex Ctr., Vt 05451 LAWS/REGULATIONS INVOLVED Environmental Protection Rules Chapter 4, Public Buildings Appendix A, Design Guidelines This project, consisting of constructing 8 single family residences, maintaining 1 existing single family residence and constructing a duplex with a maximum total number of bedrooms of 4 for a total of 10 structures on an existing 4.76 acre parcel located off Dorset Street in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4CO871. GENERAL (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 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) The project shall be completed as shown on the plans Job No. 89-70 "Final Plat of Park Place" dated August 5,1990, revised 12/17/90 prepared by Vermont Land Surveyors and on Job 90120 Sheet Cl "Site Plan" dated 3/22/90, last revised 12/17/90; Sheet C3 "Profiles" dated 3/22/90, last revised 12/17/90; Sheet C4 "Details" dated 3/22/90, last revised 1/24/91; and Sheet C7 "Specifications" dated 8/3/90, last revised 1/24/91 prepared by Champlain Consulting Engineers and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) A copy of the approved plans and this 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. (4) 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. (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) The Protection Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. Y Siippil i- and Wastewater Disposal Permit W,-.1-0366, M,ers Page 2 WATER SUPPLY (7) The project is approved for water supply by construction and utilization of the proposed public water system subject to the jurisdiction of the Vermont Department of Health. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. The permittee shall forward a copy of the Health Department's acceptance letter of the completed public water system to the Division of Protection for inclusion in the project file. (8) The water main extension is approved provided the water main extension is constructed in strict accordance with the Department of Health's "Letter of Approval" PID T1=410 and WSID z5091 to Alan Palmer & Francis Myers dated 1/25/91. SEWAGE DISPOSAL (9) The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 4650 gallons of sewage per day. (10) A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Protection Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each segment of the sanitary sewer extension and all manholes, as described in Appendix A, of the Environmental Protection Rules. Timothy J. Burke, Commissioner Department of Environmental Conservation Ernest P. Christianson Regional Engineer Dated at Essex Jet., Vermont this 7th day of March, 1991. cc: Donald Robisky City of South Burlington Department of Health Department of Labor and Industry Louis Borie Alan Palmer Champlain Consulting Engineers Im FROM: WX MEMO Planning Commission Natural Resources Committee Proposed Park Place preliminary development on Dorset Street Steve Crowley and Shelley Snyder walked the proposed development area. It was found to contain a small wetland which is part of a stream -wetland complex. The existing stream meanders from south to north on the western side o the property. Typical of many streams high in the water shed, it alternates between stream and wetland. This stream is a prime example of a stream that exhibits a wide range of aesthetic and environmental values. Because of the wide range of environmental habitats, a high diversity of life was observed including mallards, killdeer and many wetland plant species. The stream course wetlands are important because they form a corridor providing resting areas and feeding grounds for migrating wildlife. Birds that nest here and in nearby ponds need the sheltered feeding grounds offered by this type of stream and wetland. Observation upstream of this property reveals profuse growth of algae in standing water. This is an indicaton of high levels of nutrients, phosphorous and nitrogen specifically. Phosphorous and nitrogen are recognised as number one pollutants in Vermont. Stream course wetlands such as this filter nutrients out of water through biological processes in a way that an artificial pond cannot duplicate. Regarding the storm water detention pond, storm water contains many compounds that are toxic to wetland life. Road salt, oil, sollids from automobile exhausts, fertilize and pesticides are all found in storm runoff waters. The stream wetland complex acts as a sponge to absourb high storm flows and release water downstream in a more consistant flow. Change in topography is proposed that will change drainage patterns. Overland flow such as is observed on kept lawns (less permeable than meadows and wetlands) does not allow time for water to be absorbed into the soil for slow release. Change in the stream course will irreparably damage the balance between water, soil and biota. This will cause us to loose yet another link in the chain. 0 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 September 26, 1990 t Mr. Greg Bombardier Champlain Consulting Engineers Bayside Square 366 Mallets Bay Avenue Colchester, Vermont 05446 Re: 10 Unit PRD, Dorset Street Dear Mr. Bombardier: ZONING ADMINISTRATOR 658-7958 As stated in my letter dated 9/17/90 the South Burlington Plan- ning Commission allocated the above referenced project a 4050 gpd sewer allocation. In response to your request for an additional 800 (4850 gpd total), the Planning Commission will officially approve this additional allocation at Final Plat approval. This project will be served by the City's Airport Parkway Treat- ment facility which has sufficient capacity to handle the addi- tional allocation requested. Sc rel oe Weith, City Planner JW/mcp State of Vermont Department of Fish and Wildlife Department of Forests, Parks, and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council Trask & Waite P.O. Box 147 Londonderry, Realtors, Inc. VT 05178 RE: EC-4-1060-3 Oak Creek Village amend permit for boundary lines of Lots #70 & #83 Dear Applicant: rev& 5h,J , S f�� AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Essex Junction Regional Office I I I West Street Essex Junction, Vermont 05452 March 19, 1991 We received your completed application for the referenced permit on 03/14/91, including a fee of $25 paid for by Check Number 71. This application falls under the Multi -Lot Subdivision Program Area, and under the Performance Standards for this program area, we have 45 days of 'in-house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if You have not received a decision on your application within the 45 days in-house, please contact this office at 879-6563. Please note that this does not constitute receipt of your application under the requirements of Act 250. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563. EC-4-1060 & Amendments 4C0694 & Amendments CC: r the Divisof rotection, "ebeZrge Administrative Secretary So. Burlington Planning Commission State of Vermont Department of Fish and Wildlife Department of Forests, Parks, and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council Francis Myers c/o Delma Wright 22 Colonel Page Road Essex Ctr., VT 05451 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 January 31,1991 1-879-6563 RE: Application WW-4-0366; 10 unit residential subdivision, Dorset Street, South Burlington, Vt. Dear Ms. Wright: Our office has completed an initial review of the above referenced project and has determined that the additional information listed below will be needed before approval can be granted. (1) Please submit a copy of the "letter of approval" from the Department of Health for the water main extensions. (2) The application mentions the design design sewage flows expected from this project to be 4,850 gallons per day. Please provide an engineering breakdown for the design flows including the number of bedrooms per single family residences and the duplex. (3) The City of South Burlington, in a letter to Greg Bombardier dated September 26,1990, allocated 4050 gallons of sewage for this project with an additional 800 gallons upon final plat approval by the Planning Commission. Has the final 800 gallons been approved? (4) It was noted in the application that the applicant will need to replace the existing pumps in the City's pump station. Please advise us of the reasons and how this project affects the capacity of the existing pump station. WW-4-0366, Myers January 31,1991 .Page 2 (5) A $100.00 subdivision application fee was submitted along with the Water Supply and Wastewater Disposal application. It is our understanding that no subdivision of the 4.9 acres is proposed. Please advise us whether there exists a subdivision of land. If not, we shall return the application fee. Upon receipt of the above items, we shall continue our review. Should there be any further questions, please do not hesitate to contact me. Please submit two copies of any revised plans. Please note that no construction is granted until written approval is issued by the Division and all other authorities. Please address resubmitted information to the appropriate engineer. Sincerely Ernest P. Christianson Regional Engineer CC: Louis Borie City of South Burlington Department of Health Greg Bombardier Alan Palmer City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 11, 1g91 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont: 05403 Re: Park Place, Dor- ,-,t St.r��et Dear Mr. Palmer: ZONING ADMINISTRATOR 658-7958 Enclosed, please find a copy of the Findings of Fact and Decision on the above referenced project. If you have any questions, please give me a call. oe Weith, City Planner Encl JWlmcp PLANNING COMMISSION 9 OCTOBER 1990 page 10 would be a car -activated signal for people wanting to leave the Ramada. Mr. Burgess was concerned that the light wouldn't do anything for people wanting to make a left turn into the Ramada. Mr. Austin wanted to know if an arrow could be put on it once the road were widened. Mr. Hart said that it could be done. There was some discussion of where another traffic light could be put in once the City Center comes to fruition. Mr. Weith said there had been some discussion to relocating Mary Street to come off of the light, behind the Sunoco Station. Mr. Burgess said that the traffic light was mainly for the purposes of the two businesses, with no particular plan for serving the City Center. It was mentioned that there was concern by the residents on Mary Street, that they didn't want their street to become a thoroughfare for commercial traffic between Williston Road and Corporate Way. The Williston Road Study Committee had operated on the premise that Mary Street should not become a thoroughfare, that it should be a dead end on one side. serving its own neighborhood. Mrs. Robenstein expressed concern that the light does not help people making left turns, that it only helps people coming out of the parking lot, and only seems to serve one function. Mr. Condos said there was some misconception; that the City Council has not yet approved the plan; indeed, it had not even seen the plan. The Council has seen bits and pieces of it, but it has not formally come to the Council yet for final approval. He did say that regarding left turns from Williston Road, the traffic is only crossing two lanes, but left turning traffic from the Ramada or the Econolodge would have to cross three or more lanes. The light is an improvement to a point, and once Williston Road is reconstructed, it would then become the viable, more safe, left turn interchange. Mr. White said that it actually helps movements on either side of the signal because it creates gaps in the traffic. Mr. Burgess asked the Commission members how they wanted to treat the report, if they were comfortable with the report as is, if they would like to pass on their concerns regarding the left turns, or did they want to say the report was fine. They decided their message was that they see some shortfalls, but that it is an improvement over what exists; that they would not at this time raise any negative comments. Mr. Burgess asked Mr. Weith to make sure that the Council gets a copy of the minutes to this particular meeting, and read the concerns that were raised. 4. PUBLIC HEARING: Continue Final Plat application of Alan Palmer for construction of a 10 unit planned residential development in nine buildings on a 4.9 acre parcel located at 1001 Dorset Street Mr. Palmer presented his application. Mrs. Maher wanted to know when Mr. Palmer got preliminary approval for this project. Mr. Palmer said some time in April. He said that this was basically PLANNING COMMISSION 9 OCTOBER 1990 page 11 the same plan he had at the last meeting, except he had added some trees, refining it a little better with landscaping around each unit. Also, they planted trees around the wetland area to preserve it as best as possible. He moved the mailboxes at the Commission's suggestion. Some of the species of trees had been changed to go along with the Natural Resources Commission. Mrs. Maher wanted to know, pn the landscaping plan, what the triangles seen inside the houses were. Mr. Palmer replied that they were the gables, used to match the architecture with that of the old farmhouse. Mr. Austin wanted to know how far from the street would the front steps of the houses be. Mr. Palmer said that on the side where the sidewalk is, the steps will be 35' from the edge of the road. On the other side, they will 25'. Mrs. Maher wanted to know why there was a sketch of a wall. Mr. Palmer said that since the houses were being built so close to Dorset Street, they need to have some privacy. He was proposing a bricked -in courtyard, so the residents wouldn't have to look at the traffic, and the noise would be somewhat muffled. Mr. Austin wanted to know how much Mr. Palmer would be asking for the units. He replied $165,000-175,000. Mr. Austin also asked how big they would be. Mr. Palmer answered 1800-2000 square feet. Mrs. Maher wanted to know if they would all have brick facing. Mr. Palmer said there would be some,brick facing on some of the garages and some of the houses, and the breezeways, but it would be scattered throughout. Mr. Palmer wanted to know if it would be possible to center in units 24 and 28. The general consensus of was that it would not be a good idea because of lack Mr. Burgess suggested he come back with that idea as sketch. put a day care the Commission of parking. an informal Mr. Austin asked if the area designated as wetland would be a common area as opposed to a limited common area. Mr. Palmer said no, the whole piece of land would be a common area, and any limited common areas would be around the houses. Ms. Pugh asked Mr. Austin the purpose of his question. Mr. Austin said that he was trying to highlight the fact that when driving past this development, it will look like any other subdivision, except that in reality, this could not exist because the lots are too small. Instead of actually subdividing the lots, Mr. Palmer is having common interest ownership analogous to condominiums, but not really condominiums. When common interest donorship is split up, everyone who is a member of the association has free access to common areas, but the limited common areas are only subject to the possession of the person who owns the limited common area. There are no actual property lines in this development because it is not a subdivision, but with the common interest ownership documents, there will be lines, as though subdivided. However, the property cannot be PLANNING COMMISSION 9 OCTOBER 1990 page 12 subdivided because the houses are too close to the front. Mr. Austin said that the only concern he has is that the project is a step to circumvent the subdivision regulations. He was worried that other people would use this method and then create problems. Mr. Weith said that the purpose of such a project is to allow some flexibility and innovation to protect natural areas. Mr. Austin said that in this residential context he does not foresee problems. He was concernedithat in some cases, if there were changes needed to be done that required agreement of all residents, there might be problems. Mrs. Robenstein wasn't sure that Mr. Palmer answered everything on the Natural Resources memo, in particular making sure that the concrete trucks aren't washed out and cause runoff into the streams, and also in regard to lowering the road. Mr. Palmer said normal construction practice is not to disturb the area. He also said that as far as lowering the road, they had asked Normandeau Associates to study that, and they didn't feel that the small bit of filling on the edge of the roadway would disturb the ecological balance of the wetland area. If they had thought so, Mr. Palmer would have lowered the road. Mr. Weith said that one of the issues raised by the Natural Resources Committee was a buffer zone around the wetlands, also addressed by Normandeau Associates. Normandeau supported that recommendation. The buffer zone would prohibit any cutting down of trees or grass, and filling. Mr. Weith suggested plotting a buffer zone on the plan, and have the deeds reference the zone. Mr. Burgess wanted to know if Mr. Palmer could get 15-25 feet of buffer. Mr. Palmer said he could. Mrs. Robenstein brought up the proposed right-of-way on Dorset Street. Mr. Palmer is dedicating a 17' right-of-way (to allow Dorset to be widened), and this would bring the right-of-way to within 2' of the Myers' house. She wanted to know if whoever bought the house would be aware of this. Mr. Austin said that the right-of-way gives the City the right to use it, but that rarely is the whole right-of-way actually used; that the road itself would probably be 15-20 feet away, but the City would still own the land up to within 2' of the house. There was some disagreement as to whether the potential homeowner would be aware of all of this; it would depend on the accuracy and depth of the title search. Mr. Burgess said that this discussion of the title search had nothing to do with Mr. Palmer's development. Mrs. Robenstein said it did, because Mr. Palmer was donating part of his land to the City for that purpose. Mr. Burgess said that he was giving it to the City because he was asked to; he wants his development approved and so he is being cooperative. Under normal circumstances, the City would just buy the land. PLANNING COMMISSION 9 OCTOBER 1990 page 13 Mr. Austin moved that the Planning Commission approve the Final Plat application of Alan Palmer for construction of a 10 unit planned residential development in nine buildings on a 4.8 acre parcel as depicted on an 8 page set of plans page one entitled "Final Plat of Park Place 1001 Dorset Street South Burlington Vermont," prepared by Vermont Land Surveyors and dated 8/5/90 with the following stipulations: 1. The applicant shall post a $7 750 3-year landscape bond for street trees and an $18 400 30 year landscaping bond for site landscaping. These bonds shall be posted prior to permit The street trees shall be installed prior to the sale of any units 2. A sewer allocation of 4,850 gpd is granted The applicant shall pay the $2 50 per gallon fee prior to permit 3. The applicant shall replace the pumps at the existing pumping station which will serve the development The specifications shall be approved by the City Engineer. 4. Bonds in an amount to be determined by the City Engineer to cover the costs of the new street upgraded Indian Creek Drive sidewalks and utilities shall be posted prior to permit 5. Legal documents (e.g. offers of dedication and irrevocable offers of dedication) for the new street upgraded Indian Creek Drive, and 17 foot wide strip along Dorset Street shall be submitted to the City Attorney for approval prior to permit b. The applicant shall contribute $1 350 toward improvements to the Swift Street/Spear Street intersection. This assessment is based on 9 peak hour trip ends at $150 per trip end. 7. The Planning Commission waives the required 50 foot setback from the Ridgewood Estates property line and from the Dorset Street right-of-way. It is the Commission's opinion that the proposed development is compatible with surrounding residential developments and therefore will not cause an adverse impact 8. The plan shall be revised prior to recording to show a 15-25 foot wide buffer strip around the wetland The deed(s) for this project shall include a covenant which requires the association to maintain the wetland and wetland vegetation and which prohibits the placement of fill removal of vegetation or mowing of grass within the buffer zone and wetland. 9. The plan shall be revised prior to recording to show• a) Street lighting detail on page C4 shall reflect 100 watt mercury vapor lamp provided by GMP. b) Location of street lights on west side of street PLANNING COMMISSION 9 OCTOBER 1990 page 14 10_. Sidewalks shall be 5 inches thick except in driveways where thickness shall be 8 inches. 11. Road pavement shall include 2 inches of base course and one inch of surface course placed one year after the base course is placed. 12. The applicant shall pad the $200 per unit recreation fee for the nine additional units prior to permit 13. The street name for the proposed street shall be approved by the Planner prior to permit. 14. An erosion control plan shall be submitted to the City Planner for his approval prior to permit 15. The Final Plat shall be recorded in the office of the City Clerk within 90 days or this approval is null and viod The plat shall be signed by the Chairman of the Planning Commission prior to recording. Mrs. Maher seconded the motion Motion passed unanimously. 5. Review revised impact fee policies for Williston Road (Draft #3) and Hinesburg Road (Draft #2) 1) Williston Road Draft #3. Mrs. Maher asked Mr. Weith if, on the revised Williston Road Draft, he had made any changes besides including the land off Hinesburg Road near Muddy Brook. Mr. Weith said he had added the northern portion of zone 46, which is off of Kennedy Drive. Also added was all of zone 48a, which is the Digital property. Mr. Weith said that this increased the total number of trips to be generated in the next 10 years. Mr. Weith also added an additional improvement to widen the Shunpike Road approach to its intersection at Williston Road to allow 2 lanes. This raised the total cost to $144.00 per peak hour trip. Mrs. Maher moved that the Planning Commission approve the revised impact fee policy for Williston Road and will therefore adopt Draft #3. Mr. Austin seconded. Motion passed unanimously. 2) Hinesburg Road Draft #2. Mr. Burgess asked Mr. Weith what he had changed. Mr. Weith responded that there were no changes. Ms. Pugh moved that the Planning Commission approve Road Traffic Impact Policy Draft #2 Mrs Maher seconded Motion passed unanimously. 6. Comprehensive Plan Update: Review Draft #2 of the Transportation Section. PLANNING COMMISSION 19 JUNE 1990 page 2 3. Public Hearing: Revised Final Plat application of Dennis Blodgett for construction of an 18 unit planned residential de- velopment on a 4.4 acre parcel of land on Holmes Road east of Shelburne Rd. Mr. Blodgett noted that Act 250 had concern with a small wet area at the west side of the project. Through negotiations, the plan has been revised so that houses are now in 3 clusters of 6 units each. Utilities will be extended and water will be looped. Mr. Blodgett also noted that the Holmes Rd. extension will be built. Ms. Peacock moved the Planning Commission approve the Revised Final Plat application of Dennis Blodgett for construction of an 18 unit planned residential development on a 4.4 acre parcel as shown on an 8 page set of plans, _page one entitled "Blodgett Property Development, Overall Site Plan," prepared by Fitzpatrick - Llewellyn, Inc, and dated April 1990, with the following stipu- lations: 1. The stipulations contained in the September 5, 1989 approval and not superseded by this approval shall remain in effect. 2. The applicant shall post a $20,500, 3-year landscaping bond prior to permit. The Commission grants an $8,500 credit for the existing trees within the private loop and the 25 foot undisturbed buffer strip. The trees to be saved within the private loop and 25 foot undisturbed buffer strip shall be surrounded bX a snow fence to protect them during construction. 3. The plan shall be revised prior to recording to indicate the name of the proposed public street tobe Holmes Road. 4. The Revised Final Plat shall be recorded in the office of the City Clerk within 90 days or this approval is null and void. The plat shall be submitted to the City Planner for approval prior to recording. Mrs. Maher seconded. Motion passed unanimously. 4. Public Hearing : Continue Preliminary Plat Application of Alan Palmer for construction of a 10 unit planned residential development on a 4.9 acre parcel on Dorset Street. Mr. Palmer said since the last meeting he had contacted the Natural Resources people and have determined there is a wetland area. The proposed plan will stay out of that area. The house existing on the lot will be kept. In the location of the present PLANNING COMMISSION 19 JUNE 1990 page 3 barn, there will be 2 units for the elderly and/or handicapped. There will be 40 ft. between homes, a 10 ft. setback from the right-of-way to the houses, an 18 ft. setback from the right -Of - way to the garage. Street drains will be installed. The drainage swale behind the units will be preserved. There will be a 6 inch water main to tie into the Indian Creek Rd. main. Willows will be planted around the wetlands to encourage wildlife. There will be curbs on both sides of the road and the first part of Indian Creek Rd. will be upgraded. Mr. Palmer anticipated the houses will be 1600 to 1800 sq. ft. of similar design to the existing home. Mr. Weith noted a waiver of the 50 ft. perimeter setback would be required. Ms. Peacock moved the Planning Commission approve the Preliminary Plat application of Alan Palmer for construction of a 10 unit planned residential development in nine buildings on a 4.9 acre parcel as depicted on a 2 page set of plans, page one entitled "Park Place, Preliminary Plan, Dorset Street, South Burlington, Vermont," re ared bX Cham lain Consultin Engineers and dated 3/ 11 90 last revised 5 15 90 with the following stipulations: 1. The plan shall be revised prior to final plat to show the following: a) Triangle easements (20'x20') shall be provided at intersecting streets; b) Power and telephone lines in easements outside the 60 ft. right of way; c) location Creek d) location e) driveway and garage. of -mailboxes -for -both -this -development and Indian of proposed lighting; length of at least 18 feet between edge of sidewalk 2. The applicant shall post a $7,100, 3-year landscaping bond for street trees and an $18,400, 3-year landscaping bond for site landscaping. These bonds shall-beposted prior to permit. The street trees shall be installed prior to the sale of any units. The typical landscape plan shall be revised prior to final plat to show other hardwoods substituted for the crabapples. 3. A sewer allocation of 4,050 gpd is granted. The applicant shall pay the $2.50 per gallon fee prior to permit. 4. The applicant shall replace the pumps at the existing_pumping station which will serve the development. The specifications shall be approved by the City Engineer. PLANNING COMMISSION 19 JUNE 1990 page 4 6. Bonds in an amount to be determined by the City Engineer to cover the costs of the new street, upgraded Indian Creek Drive, sidewalks and utilities shall be posted prior to permit. 7. Le al documents (e.g. offers of dedication) for the new street, upgraded Indian Creek Drive, and 18 Ft. wide strip along Dorset shall be submitted to the City Attorney for approval prior to permit. 8. The applicant shall contribute toward improvements to the Swift Street Spear Street intersection. The formula to determine con- tributions and the recommended contribution for the project will be developed prior to final plat. 9. The -plan -shall clearly show the portion of Indian Creek Drive to be upgraded to City standard and dedicated to the City. 10. The Planninq Commission waives the required 50 foot setback from the Ridgewood Estates property line and from the Dorset Street right-of-way, it is the Commission's opinion that the proposed development is compatible with surrounding residential developments and therefore will not cause an adverse impact. 11. The final plat application shall be submitted within 12 months or this approval is null and void. Mrs. Maher seconded. Motion passed unanimously_. 5. Discussion with South Burlington Social Responsibility Committee Ms. Mccandless reviewed the history of the committee and noted that this year the Council had asked them also to address the issue of homelessness. In their report to the Council, they said it is important for the city to set up a task force on the issue. They also said that whatever the city decided to do, it would involve housing of some sort. They asked the Planning Commission for helpin two things: 1) a Commission member with interest in the issue to participate in the task force and 2) recommendations for others to serve on the task force. Mr. Burgess suggested Ms. Pugh to serve on the task force as she has expressed interest in the issue. Mrs. Maher felt there was no way to get small houses built in S. Burlington at "cheap" prices. Mr. Burgess felt it might be possible to get "less expensive" homes but not "cheap." Mr. Weith recommended that a member of COTS be on the task force. PLANNING COMMISSION 9 OCTOBER 1990 page 13 Mr. Austin moved that the Planning Commission approve the Final Plat application of Alan Palmer for construction of a 10 unit planned residential development in nine buildings on a 4.8 acre parcel as depicted on an 8 page set of plans page one entitled "Final Plat of Park Place 1001 Dorset Street South Burlington Vermont," prepared by Vermont Land Surveyors and dated 8/5/90 with the following stipulations: 1. The applicant shall post a $7 750 3-year landscape bond for street trees and an $18 400 30 year landscaping bond for site landscaping. These bonds shall be posted prior to permit The street trees shall be installed prior to the sale of any units 2. A sewer allocation of 4,850 gpd is granted The applicant shall pay the $2 50 per gallon fee prior to permit 3. The applicant shall replace the pumps at the existing pumping station which will serve the development The specifications shall be approved by the City Engineer. 4. Bonds in an amount to be determined by the City Engineer to cover the costs of the new street upgraded Indian Creek Drive sidewalks and utilities shall be posted prior to permit 5. Legal documents (e.g. offers of dedication and irrevocable offers of dedication) for the new street upgraded Indian Creek Drive, and 17 foot wide strip along Dorset Street shall be submitted to the City Attorney for approval prior to permit 6. The applicant shall contribute $1 350 toward improvements to the Swift Street/Spear Street intersection. This assessment is based on 9 peak hour trip ends at $150 per trip end. 7. The Planning Commission waives the required 50 foot setback from the Ridgewood Estates property line and from the Dorset Street right-of-way. It is the Commission's opinion that the proposed development is compatible with surrounding residential developments and therefore will not cause an adverse impact 8. The plan shall be revised prior to recording to show a 15-25 foot wide buffer strip around the wetland The deed(s) for this project shall include a covenant which requires the association to maintain the wetland and wetland vegetation and which prohibits the placement of fill removal of vegetation or mowing of grass within the buffer zone and wetland. 9. The plan shall be revised prior to recording to show• a) Street lighting detail on page C4 shall reflect 100 watt mercury vapor lamp provided by GMP. b) Location of street lights on west side of street PLANNING COMMISSION 9 OCTOBER 1990 page 14 10. Sidewalks shall be 5 inches thick except in driveways where thickness shall be 8 inches. 11. Road pavement shall include 2 inches of base course and one inch of surface course placed one year after the base course is placed. 12. The applicant shall pay the $200 per unit recreation fee for the nine additional units prior to permit. 13. The street name for the proposed street shall be approved by the Planner prior to permit. 14. An erosion control plan shall be submitted to the City Planner for his approval prior to permit. 15. The Final Plat shall be recorded in the office of the City Clerk within 90 days or this approval is null and viod The plat shall be signed by the Chairman of the Planning Commission prior to recording. Mrs. Maher seconded the motion. Motion passed unanimously. 5. Review revised impact fee policies for Williston Road (Draft #3) and Hinesburg Road (Draft #2). 1) Williston Road Draft #3. Mrs. Maher asked Mr. Weith if, on the revised Williston Road Draft, he had made any changes besides including the land off Hinesburg Road near Muddy Brook. Mr. Weith said he had added the northern portion of zone 46, which is off of Kennedy Drive. Also added was all of zone 48a, which is the Digital property. Mr. Weith said that this increased the total number of trips to be generated in the next 10 years. Mr. Weith also added an additional improvement to widen the Shunpike Road approach to its intersection at Williston Road to allow 2 lanes. This raised the total cost to $144.00 per peak hour trip. Mrs. Maher moved that the Planning Commission approve the revised impact fee policy for Williston Road and will therefore adopt Draft #3. Mr. Austin seconded. Motion passed unanimously. 2) Hinesburg Road Draft #2. Mr. Burgess asked Mr. Weith what he had changed. Mr. Weith responded that there were no changes. Ms. Pugh moved that the Planning Commission approve Hinesbury Road Traffic Impact Policy Draft #2. Mrs. Maher seconded Motion passed unanimously. 6. Comprehensive Plan Update: Review Draft #2 of the Transportation Section. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 5, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: Park Place, Dorset Street Dear Alan: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, October 9, 1990 at 7:30 P.M. to represent your request. Si cerely, e-c re oe Weith, City Planner Encls JW/mcp 0101t 03 city of Soutl-i Buriitigton WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLINGTON, VERMONT 05403 TEL. 864-4361 October 26, 1990 Mr. Greg Bombardier Champlain Consulting Engineers 336 Malletts Bay Avenue Colchester, VT 05446 Re: Act 250 Review; Park Place, South Burlington, VT Dear Mr. Bombardier, In response to your request as to the capability of the South Burlington water distribution system to supply water to the above referenced project I submit the following: 1. Your estimated demand of 4,500 gallons per day can be met by the existing water distribution system without encumbering the existing users. If you have any questions or I can be of further assistance please do not hesitate to call me. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT -7 t -��/ Z � �1 � � "-, - -, �- Tracy Bessette Administrative Assistant cc: J. Weith vz J. Fay PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 t October 29, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: Park Place, Dorset Street Dear Alan: ZONING ADMINISTRATOR 658-7958 Enclosed are the October 2, and October 9, 1990 Planning Commis- sion meeting minutes. Please call if you have any questions. i cere�y, c Ik)k — oe Weith, ity Planner 1 Encl JW/mcp 10/2/90 JW MOTION OF APPROVAL I move the Planning Commission approve the Final Plat application of Alan Palmer for construction of a 10 unit planned residential development in nine buildings on a 4.8 parcel as depicted on an 8 page set of plans, page one entitled Final Plat of Park Place, 1001 Dorset Street, South Burlington, Vermont," prepared by Vermont Land Surveyors and dated 8/5/90, with the following stipulations: 1. The applicant shall post a $7,750, 3-year landscape bond for street trees and an $18,400, 3-year landscaping bond for site landscaping. These bonds shall be posted prior to permit. The street trees shall be installed prior to the sale of any units. 2. A sewer allocation of 4,850 gpd is granted. The applicant shall pay the $2.50 per gallon fee prior to permit. 3. The applicant shall replace the pumps at the existing pumping station which will serve the development. The specifications shall be approved by the City Engineer. 4. Bonds in an amount to be determined by the City Engineer to cover the costs of the new street, upgraded Indian Creek Drive, sidewalks and utilities shall be posted prior to permit. 5. Legal documents (e.g. offers of dedication and irrevocable offers of dedication) for the new street, upgraded Indian Creek Drive, and 17 foot wide strip along Dorset Street shall be sub- mitted to the City Attorney for approval prior to permit. 6. The applicant shall contribute $1,350 toward improvements to the Swift Street/Spear Street intersection. This assessment is based on 9 peak hour trip ends at $150 per trip end. 7. The Planning Commission waives the required 50 foot setback from the Ridgewood Estates property line and from the Dorset Street right-of-way. It is the Commission's opinion that the proposed development is compatible with surrounding residential developments and therefore will not cause an adverse impact. 8. The plan shall be revised prior to recording to show a 15 foot sewer easement for the new sewer line to be installed on Indian Creek property. This easement shall be dedicated to the City. 9. The plan shall be revised prior to recording to show: 0, a) Street lighting detail on page & shall reflect 100 watt mercury vapor lamp provided by GMP. b) Location of street lights on west side of street. 10. Sidewalks shall be 5 inches thick except in driveways where thickness shall be 8 inches. 11. Road pavement shall include 2 inches of base course and one inch of surface course placed one year after the base course is placed. 12. The applicant shall pay the $200 per unit recreation fee for the nine additional units prior to permit. 13. The street name for the proposed street shall be approved by the Planner prior to permit. 14. The final plat shall be recorded in the office of the City Clerk within 90 days or this approval is null and void. The plat shall be signed by the Chairman of the Planning Commission prior to recording. Normandeau Associates, Inc. 2A Williston Park P.O. Box 784 Williston, VT 05495-0784 (802) 879-3568 (802) 879-1742 (Fax) NORMAN®EAU ASSOCIATES Mr. Greg Bombardier Champlain Consulting Engineers Bayside Square I 366 Mallets Bay Avenue Colchester, Vermont 05446 5 October 1990 RE: Park Place Wetlands, NAI #11662 00 Dear Mr. Bombardier: Normandeau Associates, Inc. personnel have reviewed the memo dated 26 September 1990 from the Natural Resources Committee to the Planning Commission concerning the on -site wetlands and have prepared the following comments. The plantings selected by the landscape architect, Terry Krinsky, meet the concerns of item number one. The species selected can be typically found in Vermont wetlands and are good food species for songbirds and small mammals. The buffer plantings will maintain the area for wildlife and will discourage humans from entering the wetland. Based on the types of species, the plantings will survive in or out of the wetland, so the location of the plantings is not dictated by the ecology of the trees and shrubs. Placement of the plantings should be in areas that have been disturbed so planting just outside the wetland would be a good choice. The best maintenance of a buffer is usually no maintenance beyond replacement of stock that does not survive. Constant mowing right to the edge of the wetland should be discouraged because this will limit the natural regeneration of shrub species and it reduces the value of the buffer. Bedford, NH Hampton, NH Williston, VT Yarmouth, ME Peekskill, NY Toms River, NJ Aiken, SC Greenville, SC LeClaire, lA NORMANDEAU ASSOCIATES Mr. Greg Bombardier 4 October 1990 Page 2 Contrary to the Committee's second item, placement of fill in, or along this wetland, will not "effectively eliminate the hydrologic regime that makes this a wetland". This type of wetland is what is considered a surface water depression wetland. This means that the typical water source is surface flows. If the design were to block the primary flow into the wetland (the flow that originates off -site from the culvert near the Temple Sinai) then you would be modifying the hydrologic regime which could negatively impact the wetland. But at this site, fill material is along the periphery of the wetland and as such will not block the flows into or out of the wetland. Stormwater storage in the vicinity of the wetland area to be filled is negligible because at this point a stream channel has developed where the majority of the flow is located. Detention of stormwater on this property is found in the southern end of the property where there is diffuse sheet flow. This project will not adversely affect the stormwater storage function of the wetland. Lowering the road would have little effect of the amount of fill in the wetland. On average the road surface is 1-2 feet above the wetland which is consistent with the existing grades on the parcel. The suggestion of a steeper bank is possible, but this increases the potential for erosion of materials into the wetland. As a given area along the road would need to be excavated for utilities, the retaining wall idea would have little benefit, and may even cause problems when trying to buffer the wetland from the project. Additionally, any retaining wall will require maintenance at some time, which would result in impacting the wetland after it has reestablished itself in a few years. Because of design I'NORMANDEA U ASSOCIATES Mr. Greg Bombardier 4 October 1990 Page 3 standards and public safety concerns, narrowing the road does not appear to be a feasible alternative. Item three, a pedestrian easement, is not a biological question and so doesn't require comment. However, it should be noted that any paths shouldn't be located directly adjacent to the wetland. Along a path, as compared to a residence, there is a higher probability of wetland disturbance, particularly trash. Locating a path adjacent to the existing Ridgewood Estates road would have less potential wetland disturbance and would maintain a larger contiguous block of habitat. The Committee's fourth concern does not pertain to environmental resources of the site and therefore is not addressed in this letter. The Committee's concern about erosion potential is a valid concern. A straw bale sediment barrier should be constructed prior to commencement of construction along the entire length the project wherever there is the potential for runoff of water towards the wetland. This straw bale sediment barrier should be monitored and repalred as needed. As the Committee notes, a temporary snow fence should be erected to help deter heavy equipment, and water (be it from concrete trucks or other sources) should not be discharged directly into the wetland. There is a very limited amount of stormwater that will be generated by this project. The amount of water relative to the size of the wetland indicates that this wetland will be able to degrade, inactivate, or store those materials that would otherwise drain into waterways. The vegetation buffer and upland soils will NORMANDEAU ASSOCIATES Mr. Greg Bombardier 4 October 1990 Page 4 filter and be the medium for the degradation of most of the materials of concern (esp. pesticides and herbicides - provided they are applied in the recommended manner). The amount that does eventually reach the wetland will be treated within the wetland by the physical filtering, sedimentation, nutrient uptake, adsorption, and absorption processes inherent to wetlands. There should be no cumulative impact to downstream waterbodies as a result of stormwater runoff washing into the wetland If you have any questions, or if you require further information, please contact us at your convenience. Sincerely, NORMANDEAU ASSOCIATES, INC. 6"�- Z� 1'-'� Carl W. Ward Wetlands Scientist CWW/as 11662003.DOC t • ,mandeau Associates, Inc. 2A Williston Park P.O. Box 784 Williston, VT 05495-0784 (802) 879-3568 (802) 879-1742 (Fax) NORMANDEAU ASSOCIATES Mr. Greg Bombardier Champlain Consulting Engineers Bayside Square I 366 Mallets Bay Avenue Colchester, Vermont 05446 5 October 1990 RE: Park Place Wetlands, NAI #11662 00 Dear Mr. Bombardier: Normandeau Associates, Inc. personnel have reviewed the memo dated 26 September 1990 from the Natural Resources Committee to the Planning Commission concerning the on -site wetlands and have prepared the following comments. The plantings selected by the landscape architect, Terry Krinsky, meet the concerns of item number one. The species selected can be typically found in Vermont wetlands and are good food species for songbirds and small mammals. The buffer plantings will maintain the area for wildlife and will discourage humans from entering the wetland. Based on the types of species, the plantings will survive in or out of the wetland, so the l ocati on of fhcl rid mr * ; r,n,- ; ...t dictated by the ecology of the trees and shrubs. Placement of the plantings should be in areas that have been disturbed so planting just outside the wetland would be a good choice. The best maintenance of a buffer is usually no maintenance beyond replacement of stock that does not survive. Constant mowing right to the edge of the wetland should be discouraged because this will limit the natural regeneration of shrub species and it reduces the value of the buffer. Bedford, NH Hampton, NH Williston, VT Yarmouth, ME Peekskill, NY Toms River, NJ Aiken, SC Greenville, SC LeClaire, lA A subsidiary of Thermo Environmental Corporation and Thermo Electron Corporation NORMANDEAU ASSOCIATES Mr. Greg Bombardier 4 October 1990 Page 2 Contrary to the Committee's second item, placement of fill in, or along this wetland, will not "effectively eliminate the hydrologic regime that makes this a wetland". This type of wetland is what is considered a surface water depression wetland. This means that the typical water source is surface flows. If the design were to block the primary flow into the wetland (the flow that originates off -site from the culvert near the Temple Sinai) then you would be modifying the hydrologic regime which could negatively impact the wetland. But at this site, fill material is along the periphery of the wetland and as such will not block the flows into or out of the wetland. Stormwater storage in the vicinity of the wetland area to be filled is negligible because at this point a stream channel has developed where the majority of the flow is located. Detention of stormwater on this property is found in the southern end of the property where there is diffuse sheet flow. This project will not adversely affect the stormwater storage function of the wetland. Lowering the road would have little effect of the amount of fill in the wetland. On average the road surface is 1-2 feet above the wetland which is consistent with +-hp ---------------•- .-..�- _a"'L_lllg glades on the parcel. The suggestion of a steeper bank is possible, but this increases the potential for erosion of materials into the wetland. As a given area along the road would need to be excavated for Utilities, the retaining wall idea would have little benefit, and may even cause problems when trying to buffer the wetland from the project. Additionally, any retaining wall will require maintenance at some time, which would result in impacting the wetland after it has reestablished itself in a few years. Because of design NORMANDEAU ASSOCIATES Mr. Greg Bombardier 4 October 1990 Page 3 standards and public safety concerns, narrowing the road does not appear to be a feasible alternative. Item three, a pedestrian easement, is not a biological question and so doesn't require comment. However, it should be noted that any paths shouldn't be located directly adjacent to the wetland. Along a path, as compared to a residence, there is a higher probability of wetland disturbance, particularly trash. Locating a path adjacent to the existing Ridgewood Estates road would have less potential wetland disturbance and would maintain a larger contiguous block of habitat. The Committee's fourth concern does not pertain to environmental resources of the site and therefore is not addressed in this letter. The Committee's concern about erosion potential is a valid concern. A straw bale sediment barrier should be constructed prior to commencement of construction along the entire length the project wherever there is the potential for runoff of water towards the wetland. This straw bale sediment barrier should be monitored and repaired as needed. As the CammittaP -ni-cc M,.. — —-----•— — --- ••-- �� , u a...auiNvl al Y 5i iow 1 ence should be erected to help deter heavy equipment, and water (be it from concrete trucks or other sources) should not be discharged directly into the wetland. There is a very limited amount of stormwater that will be generated by this project. The amount of water relative to the size of the wetland indicates that this wetland will be able to degrade, inactivate, or store those materials that would otherwise drain into waterways. The vegetation buffer and upland soils will NORMANDEAU ASSOCIATES Mr. Greg Bombardier 4 October 1990 Page 4 filter and be the medium for the degradation of most of the materials of concern (esp. pesticides and herbicides - provided they are applied in the recommended manner). The amount that does eventually reach the wetland will be treated within the wetland by the physical filtering, sedimentation, nutrient uptake, adsorption, and absorption processes inherent to wetlands. There should be no cumulative impact to downstream waterbodies as a result of stormwater runoff washing into the wetland If you have any questions, or if you require further information, please contact us at your convenience. Sincerely, NORMANDEAU ASSOCIATES, INC. 6,6e, Z�) -1'� Carl W. Ward Wetlands Scientist CWW/as 11662003.DOC �CHAMPLAIN CONSULTING ENGINEERS STRUCTURAL & FOUNDATIONS • SITE PLANNING • SANITARY & WATER Gregory J. Bombardier, P.E. October 5, 1990 Mr. Joe Weith City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Park Place Subdivision - Wetlands Evaluation Dear Mr. Weith: In response to the concerns raised by the Natural Resources Committee in their September 26, 1990 Memorandum (enclosed) to the City of South Burlington Planning Commission about the Park Place Subdivision, I requested that Mr. Carl Ward, a Wetlands Biologist with Normandeau Associates, review their comments as well as the proposed Site Plan and Landscaping Plan for this project. Mr. Ward's response to the concerns raised by the Natural Resources Committee are enclosed. The proposed erosion control plan for the project site will consist of a series of haybale check dams to control stormwater from the project site, as well as silt fence/snow fence protection around the east perimeter of the wetland. Straw mulch will be applied to all newly seeded and disturbed areas to minimize stormwater runoff. The construction supervisor will be responsible for limiting all discharges of construction wastewater to an area designated on the erosion control plan; this area will be located in a manner so as to avoid runoff into the existing stream. 336 Malletts Bay Avenue, Colchester, Vermont 05446 802-863.8060 An Erosion Control Plan is required as part of the Act 250 Permit Application. This plan will also be submitted to the City of South Burlington for your review at the time the Act 250 Permit Application for this project is filed. I can be reached at 863-8060 if you have any questions concerning our response to the Natural Resources Committee. Sincerely, Greg rvy. Bombardier, P.E. Enclosures cc: Alan Palmer - Palmer Company, Ltd. Page - 2 4C:T- 4-ID0 "7 HU V ELA I F•E T I L E F• _ t3 1 MEMORANDUM TO: Pl6ning Commission FROM: Natural Resources Committee RE: Park Place DATE: September 26, 1990 ��Jj,7 V1 I TW' t , At its September 11, 1990 meeting, the South Burlington Natural Resources Committee reviewed the most recent set of plans for the Park Place project on Dorset street. The Committee was pleased to see that some of the suggestions raised at our earlier' m!�ctinq with the project propononts had been incor'poratGd,';'sp'ecif tally, the joining of two units into a duplex to avoid the t%tl.aad, and, tllo y, planting of trees .and shrubs as proteGt:ive vegetation around, the" we-tland. However, there are other parts of the project that remain as concerns I. The plantings around the wetland should be a diverse selection of species native to vc`rmont wetland edges in order to' provide appropriate habitat'and food source's for wildlife. These plantings should be just outside the wetland boundary, not in the wetland itself. Maintenance of the buffer vegetation should be a part of the property owners' subsequent agreements in perpetuity. 2. The extent of fill beside the road is a major concern, effectively eliminating the hydrologic regime that makes this a wetland. Soca.use of thy-+ narrowness of; the chan`nel this will become one more drainia'ge'-'swale, in a part. of ,,the wat-,or.slic:d that is already;,, evez.cly ,strc. Se'd.; RecenLI attention to the "flashy" natu�re';of Potash Brook, and the repeated beach closings, have h�ghli.ghted the importance of wetlands and natural stream channels in controlling pollution. There are several possibilities for eliminating this encroachment. The three houses to the north of.the wetland should be moved closer together, or two of them combined into a duplex. The road itself is a cause of the fill, because of its height above the wetland; if the road were lo,,rer, it would not require as much fill.. A steeper bank or even retaining wall would also reduce the extent of fill. This road is no major thruway; if it were made several feet narrower there would be less fill in the wetland. i TH1_1 - DE:Lr1 I RE T I LE P . 0 2 2 3. The Committee feels that a pedestrian easement through the open. part of the property Vould, be. -a.,'good Ii.nk: 1.n_' the`.+ pedestrian tralil system: ldeally, an easement along the wetland would be best, especially if it could be along the western side of the wetland. 4. Concern was expressed about the wisdom of future expansion of Dorsch Street so close to the existing historic building. 5. The wetland should be completely avoided and protected from siltation during the 'construction phase. No vehicles should be allowed to drive through or across the stream or the wetland. Temporary snow fcnci.no, along with appropriate, hayba zes and silt fences, may .'be"'the 'only Wray to eneure this.Concrete trucks should be sur_e'+to clean out elsewhere, to avoid washing into the stream. G. A final concern is with the poll+ation content of the stormwater runoff that will be washing into the wetland. Miscellaneous automobile pollutants (petroleum products, anti -freeze, ?articulates) and lawn :fertilizers and pesticides acid up to create a major impact on small wetlands and streans. ultimately, they flow to and accumulate in larger surface grater bodies. The two things that can be done to minimize this are providing buffer strips, and limiting the applications of fertilizers and pesticides. The Natural RL5sources Committee recommends that both steps ba undortaUen to the greatest extent possible. 3 PLANNING COMMISSION 2 OCTOBER 1990 page 11 in the lot and whether a zoning permit would be needed. Mr. Weith said that filling in could be approved by the Board of Adjustment. Mr. Llewellyn said that the entire lot wouldn't be filled; a hillside ranch would be built. Mrs. Maher said that there should be serious discussion regarding minor streams and drainage areas because this is really penalizing people and presenting a serious problem. Mr. Burgess said that the suggestion to review this is a good one. 6. PUBLIC HEARING: Final Plat application of Alan Palmer for construction of a 10 unit planned residential development in nine buildings on a 4.9 acre parcel located at 1001 Dorset Street Mr. Palmer requested that this application be extended to the next meeting. Mrs. Maher moved for a continuance to next week. Mr. Craig seconded. 7. Status report on T-Model 2 traffic model• a) City Center/Interchange Study b) O'Dell Parkway Mr. Weith presented an update on the T-Model at the City Center and Interchange Study. This project is being prepared by RSG, who were the ones who set up the T-Model for Chittenden County. They were doing it largely for South Burlington Realty for their project in the City Center. They are looking at more than just their 30,000 square foot building, including future developments because they are interested in the City Center project. South Burlington is also contributing money toward the study to carry it further to look at interchange improvements, etc. This study is looking at base conditions and also year 2000 conditions, through a 10-year growth period. This is different from the JHK study that was done which looked at future growth in 2000 also but land use information included in there assumed full buildout of the City Center which is, in Mr. Weith's opinion, unrealistic. There are several scenarios to look at. The present results are very preliminary. They have not started evaluating the interchanges. The five scenarios are: 1989 base, what the LOS's are at the surrounding intersections; year 2000 impact, but the year 2000 land use information that is currently in the T-Model has some problems, i.e. the land use information developed by a lot of towns was more of a wish list, including great growth in employment but little in housing. Because T-Model is a production -oriented model that is related to housing, the number of trips are based on the number of housing units. What happened this first time is that in the year 2000 fewer trips are being seen, also less traffic in the City Center than seen today, because trips are actually being sucked out of the City Center to adjoining towns to the employment centers and retail Memorandum - Planning October 9, 1990 agenda items October 5, 1990 Page 2 4) PALMER, 10 UNIT PRD Al Palmer requested to be postponed until the 1Q/9/90 meeting in order to give him more time to address the additional concerns and recommendations provided by the Natural Resources Committee. Bill Szymanski and I met with Al on Thursday. The outcome of our meeting is summarized below: Wetland encroachment: The proposed project will require filling a small portion of the existing wetland. The majority of this filling is to accommodate the new road. It appears the roadway can be lowered somewhat which would result in less encroachment into the wetland. He is also willing to move units 4 and 6 ten to fifteen feet to the north resulting in less encroachment. Al wanted to meet with his engineer and wetlands consultant prior to committing to these changes. Landscaping: The Natural Resource Committee recommended the planting of species native to Vermont wetland edges around the wetland. Al will meet with his wetland consultant and revise the plan accordingly. Buffer Zone: The Natural Resource Committee recommended a buffer zone around the wetland. Such a zone is consistent with the Vermont wetland rules. I recommend that the plan show a 15 - 25 foot buffer zone around the wetland. The deeds for the property should reference this buffer zone and prohibit the placement of fill or the removal of vegetation within the buffer zone. Enclosed is draft motion of approval for this project. 5) IMPACT FEE POLICIES Enclosed are the revised Impact Fee Policies for Hinesburg Road (Draft #2) and Williston Road (#3). The Williston Road Area 2 Impact Fee Policy was revised to include the following: o Add northern portion of zone 46 to affected area. o Add all of zone 48A (i.e. G.E. property) to affected area. o Include improvements to Shunpike Road/Williston Road inter- section. Specifically, this includes the addition of a left. turn lane to Shunpike Road and associated widening and culvert extensions. The resulting fee is $144 per peak hour trip end. 2 MEMORANDUM TO: Planning Commission FROM: Natural Resources Committee RE: Park Place DATE: September 26, 1990 At its September 11, 1990 meeting, the South Burlington Natural Resources Committee reviewed the most recent set of plans for the Park Place project on Dorset Street. The Committee was pleased to see that some of the suggestions raised at our earlier meeting with the project proponents had been incorporated, specifically, the joining of two units into a duplex to avoid the wetland, and the planting of trees and shrubs as protective vegetation around the wetland. However, there are other parts of the project that remain as concerns: 1. The plantings around the wetland should be a diverse selection of species native to Vermont wetland edges, in order to provide appropriate habitat and food sources for wildlife. These plantings should be just outside the wetland boundary, not in the wetland itself. Maintenance of the buffer vegetation should be a part of the property owners' subsequent agreements in perpetuity. 2. The extent of fill beside the road is a major concern, effectively eliminating the hydrologic regime that makes this a wetland. Because of the narrowness of the channel, this will become one more drainage swale in a part of the watershed that is already severely stressed. Recent attention to the "flashy" nature of Potash Brook, and the repeated beach closings, have highlighted the importance of wetlands and natural stream channels in controlling pollution. There are several possibilities for eliminating this encroachment. The three houses to the north of the wetland should be moved closer together, or two of them combined into a duplex. The road itself is a cause of the fill, because of its height above the wetland; if the road were lower, it would not require as much fill. A steeper bank or even retaining wall would also reduce the extent of fill. This road is no major thruway; if it were made several feet narrower there would be less fill in the wetland. No Text 2 3. The Committee feels that a pedestrian easement through the open part of the property would be a good link in the pedestrian trail system. Ideally, an easement along the wetland would be best, especially if it could be along the western side of the wetland. 4. Concern was expressed about the wisdom of future expansion of Dorset Street so close to the existing historic building. 5. The wetland should be completely avoided and protected from siltation during the construction phase. No vehicles should be allowed to drive through or across the stream or the wetland. Temporary snow fencing, along with appropriate haybales and silt fences, may be the only way to ensure this. Concrete trucks should be sure to clean out elsewhere, to avoid washing into the stream. 6. A final concern is with the pollution content of the stormwater runoff that will be washing into the wetland. Miscellaneous automobile pollutants (petroleum products, anti -freeze, particulates) and lawn fertilizers and pesticides add up to create a major impact on small wetlands and streams. ultimately, they flow to and accumulate in larger surface water bodies. The two things that can be done to minimize this are providing buffer strips, and limiting the applications of fertilizers and pesticides. The Natural Resources Committee recommends that both steps be undertaken to the greatest extent possible. Memorandum - Planning October 2,1990 agenda items September 28, 1990 Page 4 6) ALAN PALMER = 10 UNIT PUD-R - FINAL PLAT This application is for Final Plat approval. Preliminary Plat approval was granted on June 19, 1990 (see enclosed minutes). The plan has been revised to comply with condition #1 a - e of the preliminary plat approval motion. Landscaping: The typical landscape plan has been revised to comply with condition #2. The value has been reduced from $3,300 per unit to $2,730 per unit. The value of the landscaping in the common areas will be $11,260.00 (including street trees). Pro- posed landscaping meets required value. Other: The Natural Resources Committee reviewed these plans at their September 11th meeting. It is expected that they will have written comments to the Commission in time for the meeting. The street lighting detail on sheet C4 shall be revised to re- flect the 100 watt mercury vapor lamp provided by GMP 7) T-MODEL 2 UPDATE a) City Center/interchange _Study: Very preliminary re- sults have been submitted for this study. Impacts of City Center in the year 2000 have been evaluated. Interchange improvments have not yet been evaluated. A problem was discovered with the year 2000 land use information. It appears that the future land use data base is more of a de- sired outcome than an actual outcome. The data includes only a 18.5% increase in housing regions wide between 1989 - 2000, but a 56% increase in employment. The number of trips generated by T- Model is based on housing units, not businesses. Businesses area attractions. Therefore, since Colchester, Williston and Shel- burne have forecast incredible employment growths, traffic is being sucked out of our City Center and into these adjoining towns. Therefore, the result is an actual improvements in traf- fic for City Center area than what we see today. This is highly unlikely. 4 AV&CAW'17(Sr/!FS ZV fZ.J%CWAC EFRY/rr•y rtlwp r..¢ VKJ AVY OMFVr=4006wrAE ASSC"MV AC • •2 N' K HN "L AVJtr .'DRrC JIF/.aV� f•R[••'Lt>d' " TGD� r �¢ •!a K271•!T Y� � r d�d Yy� • IIa F' i • �� F, O �ZrI Z fAIIY.I ' _ • <AfiliV 7� LIY mmftrwL— PC Ac iar. 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(JI(1 b; —fY� � ✓ G�s.� r1w Az r ar RARKPLACE AYY MPSFr srW-TT SG dui ncrw . vreWvr !F TCanD suPYFrD¢s Iaw r.a.r.-a. wvo >b sre K.b _ rtao.r os.a! Yi AAiQI Qt"lb SGatf ninC.(s Ar.<. rrt HZ sfGlD <r< /l ro City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 28, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: 10 Unit PRD, Dorset Street Dear Alan: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, October 2, 1990 at 7:30 P.M. to represent your request. Sincerely, Joe Weith, City Planner Encls JW/mcp M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: October 2, 1990 agenda items Date: September 29, 1990 5) ADAMS AIRPORT PARKWAY, 3-LOT SUBDIVISION 1. Any construction on new lot should require site plan review. 2. A portion of Kirby Road sheet drains toward this ravine. A 20 foot wide drainage easement should be set off from Kirby Road boundary to the bottom of the ravine (90' + long). The location will depend on the proposed building. This easement will allow for future construction of a storm drain system on Kirby Road. 6) PARK PLACE MYERS PROPERTY) DORSET STREET 1. Sewer easements shall be 15' in width minimum. It should also include the connection to Indian Creek MH #6. 2. If there is a street in Burlington named "Park" this name should be changed. Street of the same name causes confusion. 3. Street lights shall be of the type that Green Mountain Power will accept and maintain for the City. 4. The location of the street light standards should be across the street because they are to close to the watermain. 5. Sidewalks shall be 5 feet in width, concrete 5 inches in thickness except in driveways where the thickness shall be 8 inches. 6. Road pavement shall include 2 inches of base course and 1 inch of surface course placed one year after the base course is placed. l I tvutb l,(3urliugtvU hre Klepartmcut L f 575 +Bvrset i t,t cct 1 1�-Lltttll i6tirlingt�m. 7 erm��tt [15�t113 (802) 658-7960 To; South But tington Hanning Commizzion Fnom: Chieb Goddette Re; Tue4dau Octobers 2, 1990 Agenda Item4 Date; Tuesday September 11,1990 Ptans were reviewed by thiA department on the 1001 Dorzex Street devetopment caned Patk Place and the 2211223 Aitpott Pat kway eub-division. I am pteaAed to in4orm you that I do not zee a probtem Jot emergency ptc.otection Jot both projects. 1 /Mftf SAY. AC •R /}f. K Yl 4v&r• w fS Arff AF47."4- EYfAC sFF Ra•BssrtO �p,V�L �W .Q_1l K/ a rC✓. 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Box 453 COLCHESTER, VERMONT 05446 /� ��8��l�-pr60&0 (802)-655.596d To (iiT y of soyTNv.z`�„ry rvct 7oa 7- STrZr,- ET Sd , %�vrl �.,✓y �v� J V7_ DSy'o 3 WE ARE SENDING YOU Attached ❑ Under separate cover via_ ❑ Shop drawings 1-0- rints ❑ Plans ❑ Copy of letter ❑ Change order ❑ N2 1208 DATE -/�y / V o/�V ATT O'� (�/ivja /�/7_ R E : � pG E U r ✓�S� ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION G 3 �c /�.C<?G� ,o,s rw-iz, s A,4s1261/, 90 s 9 a 90 C ,6E Ll THESE ARE TRANSMITTED as checked below: For approval ElApproved as submitted For your use El Approved as noted As requested El Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: PRODUGP270-2 es inc., Groton, mass. 01471. If enclosures are not as noted, kindly notify us at one A-4 Lo 5-1 64,4k 4Y lb �y'�°� � �ti:� �,�� %��:�� . ��, i� =rya./a CA4 75- /4(, 75� 106 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, October 2, 1990 at 7:30 P.M. to consider the following: 1) Revised Preliminary Plat application of John Larkin and Gerald Milot for construction of a planned commercial development consisting of 150 multi -family residential units, a 40-room hotel, 60,000 square feet of office use and 40,000 square feet of retail use on a 33 acre parcel located on Shelburne Road. The parcel is bounded by Merrihew, c/o Pomerleau Real Estate, Pizza- galli Construction, Thomas Farrell, State of Vermont, and Shel- burne Road. 2) Final Plat application of Alan Palmer for construction of a 10 unit planned residential development in nine (9) buildings on a 4.9 acre parcel located at. 1001 Dorset Street. The parcel is bounded on the north by Indian Creek condominiums and W. Roben- stein, on the west by Ridgewood Estates, on the south by Temple Sinai, Inc., and on the east by Dorset Street. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission September 15, 1990 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 13, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: 10 Unit PRD, Dorset Street Dear Mr. Palmer: ZONING ADMINISTRATOR 658-7958 Enclosed for your review, please find preliminary comments on the above referenced project from the Planning staff, Chief Goddette, and Bill Szymanski. Should you have any questions, please feel free to contact me. Sincerely, l Raymdnd J. Belair, Zoning and Planning Assistant Encls RJB/mcpp Preliminary Report = October 2 1990 Agenda 1) #CLAN PALMER a 10 UNIT PUD-R - FINAL PLAT Information missing from the Final Plat: i Symbols from legend. Proposed name of new street. Revised plans have been reviewed by the Natural Resources Commit- tee at their meeting held on September 11, 1990. They will be submitting comments which will be forwarded to the applicant. PAUL G. ADAMS - 3 LOT SUBDIVISION -- SKETCH PLAN Additional information required on sketch plan: Name and address of the owner of record and applicant. Indicate use of each existing building. Show driveways, parking and outside storage areas. It is suggested that due to the topography of the lot that contours be shown on the plan. It is the staff's position that only one (1) dwelling unit could be placed on the new .68A lot since the maximum density is 4 units per acre and the total area of the subdivision is 1.24 acres (5 units allowed and 4 units are existing). M E M O R A N D U M To: Joe Weith, City Planner From: William J. Szymanski, City Engineer Re: October 2, 1990 agenda items Date: September 14, 1990 PARK PLACE MYERS PROPERTY) DORSET STREET 1. Sewer pipe shall be bedded in crushed stone (3/4 inch maxi- mum). 2. Storm sewer pipe material shall be plastic on concrete not metal or aluminum. 3. Storm sewer inlets shall be adjusted using precast concrete risers not bricks and mortar. 4. Water pipe fittings shall be wrapped with polyethylene where concrete thrust blocks are used. 5. Sidewalk along Indian Creek Drive shall be constructed one foot from property line. 6. Sewer easement shall be 15 feet in width. 221-223 AIRPORT PARKWAY, 3-LOT SUBDIVISION A lot is created in a very deep ravine. Any building within this new lot should require site plan review. pr(r ) CITY OF SOUTH BURLI CTON Subdivision Application - FINAL PLAT 1) Name of Applicant 2) Name of Subdivision 3) Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: 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:/ ,OR 111 S) Submit five copies of a final set of plans consisting of a final plat plus engineering drawings and containing all information required under section 202.1 of the subdivision regulations for a minor subdivision and under section 204.1(a) for a major subdivision. 6) Submit too draft copies of all legal documents required under section 202.1 (11)and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivision. (Signature) applicant or tact person Da to City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 7, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: 10 Unit PRD, Dorset Street Dear Alan: ZONING ADMINISTRATOR 658-7958 Enclosed are the 6/19/90 Planning Commission meeting minutes. Please meet the stipulations contained in the approval motion before submitting a final plat application. Please call if you have any questions. n erel , e Weith, ity Planner 1 Encl JW/mcp PLANNING COMMISSION 19 JUNE 1990 page 2 3. Public Hearing: Revised Final Plat application of Dennis Blodgett for construction of an 18 unit planned residential de- velopment on a 4.4 acre parcel of land on Holmes Road east of Shelburne Rd. Mr. Blodgett noted that Act 250 had concern with a small wet area at the west side of the project. Through negotiations, the plan has been revised so that houses are now in 3 clusters of 6 units each. Utilities will be extended and water will be looped. Mr. Blodgett also noted that the Holmes Rd. extension will be built. Ms. Peacock moved the Planning Commission approve the Revised Final Plat application of Dennis Blodgett for construction of an 18 unit planned residential develr�nment on a 4.4 acre parcel as shown on an 8page set of plans, _Sage one entitled "Blodgett Property Development, Overall Site Plan," prepared by Fitzpatrick - Llewellyn, Inc, and dated April 1990, with the following stipu- lations: 1. The stipulations contained in the September 5, 1989 approval and not superseded by this approval shall remain in effect. 2. The applicant shall post a $20,500, 3-year landscaping bond prior to permit. The Commission grants an $8,500 credit for the existing trees within the private loop and the 25 foot undisturbed buffer strip. The trees to be saved within the private loop and 25 foot undisturbed buffer strip shall be surrounded by a snow fence to protect them during construction. 3. The plan shall be revised prior to recording to indicate the name of the proposed public street tobe Holmes Road. 4. The Revised Final Plat shall be recorded in the office of the City_Clerk within 90 days or this approval is null and void. The plat shall be submitted to the City Planner for approval prior to recording. Mrs. Maher seconded. Motion passed unanimously. 4. Public Hearing : Continue Preliminary_ Plat Application of Alan Palmer for construction of a 10 unit planned residential development on a 4.9 acre parcel on Dorset Street. Mr. Palmer said since the last meeting he had contacted the Natural Resources people and have determined there is a wetland area. The proposed plan will stay out of that area. The house existing on the lot will be kept. In the location of the present PLANNING COMMISSION 19 JUNE 1990 page 3 barn, there will be 2 units for the elderly and/or handicapped. There will be 40 ft. between homes, a 10 ft. setback from the right-of-way to the houses, an 18 ft. setback from the right -Of - way to the garage. Street drains will be installed. The drainage swale behind the units will be preserved. There will be a 6 inch water main to tie into the Indian Creek Rd. main. Willows will be planted around the wetlands to encourage wildlife. There will be curbs on both sides of the road and the first part of Indian Creek Rd. will be upgraded. Mr. Palmer anticipated the houses will be 1600 to 1800 sq. ft. of similar design to the existing home. Mr. Weith noted a waiver of the 50 ft. perimeter setback would be required. Ms Peacock moved the Planning Commission approve the Preliminary Plat application of Alan Palmer for construction of a 10 unit planned residential development in nine buildings on a 4.9 acre parcel as depicted on a 2 page set of plans, page one entitled "Park Place, Preliminary Plan, Dorset Street, South Burlington, Vermont," prepared by Champlain Consulting Engineers and dated 3/ 11/90 last revised 5/15/90 with the following stipulations: 1 The plan shall be revised prior to final plat to show the following: a) Triangle easements (20'x20') shall be provided at intersecting streets; b) Power and telephone lines in easements outside the 60 ft. right of way; c) location of mailboxes for both this development and Indian Creek' d) location of proposed lighting; e) driveway length of at least 18 feet between edge of sidewalk and garage. 2. The applicant shall post a $7,100, 3-year_landscaping bond for street trees and an $18,400, 3-year landscaping bond for site landscaping. These bonds shall be posted prior to permit. The street trees shall be installed prior to the sale of any units. The tvpical landscape plan shall be revised prior to final plat_to show other hardwoods substituted for the crabapples. 3 A sewer allocation of 4,050 gpd is granted. The applicant shall pay the $2.50 per gallon fee prior to permit. 4 The applicant shall replace the pumps at the existing pumping station which will serve the development. The specifications shall be approved by -the City Engineer. PLANNING COMMISSION 19 JUNE 1990 page 4 6. Bonds in an amount to be determined by the City Engineer to cover the costs of the new street, upgraded Indian Creek Drive, sidewalks and utilities shall be posted prior to permit. 7. Legal documents (e.q. offers of dedication) for the new street, upgraded Indian Creek Drive, and 18 ft. wide strip along Dorset shall be submitted to the City Attorney for approval prior to permit. 8. The applicant shall contribute toward Street/Spear Street intersection. The f tributions and the recommended contribut be developed prior to final_plat. improvements to ormula to determ ion for the pros the Swift ine con- ect will 9. The plan shall clearly show the portion of Indian Creek Drive to be upgraded to City standard and dedicated to the City. 10. The Planning Commission waives the required 50 foot setback from the Ridgewood Estates property line and from the Dorset Street right-of-way, it is the Commission's opinion that the proposed development is compatible with surrounding residential developments and therefore will not cause an adverse impact. 11. The final plat application shall be submitted within 12 months or this approval is null and void. Mrs. Maher seconded. Motion passed unanimously_. 5. Discussion with South Burlington Social Responsibilit ('nmmi ttee Ms. Mccandless reviewed the history of the committee and noted that this year the Council had asked them also to address the issue of homelessness. In their report to the Council, they said it is important for the city to set up a task force on the issue. They also said that whatever the city decided to do, it would involve housing of some sort. They asked the Planning Commission for helpin two things: 1) a Commission member with interest in the issue to participate in the task force and 2) recommendations for others to serve on the task force. Mr. Burgess suggested Ms. Pugh to serve on the task force as she has expressed interest in the issue. Mrs. Maher felt there was no way to get small houses built in S. Burlington at "cheap" prices. Mr. Burgess felt it might be possible to get "less expensive" homes but not "cheap." Mr. Weith recommended that a member of COTS be on the task force. Planning File Data for Computer Input 1. Original Property Owner Developer's Name Name of Development. 4. Address of Development or Project 5. Ty p e of Project x Minor Subdivision (MI) Major Subdivision (MS) Site Plan (SP) 6. Zoning District 1 1. Zoning District 2 8. Zoning Board Approval date if Required 9. Date of Planning Commission Hearings /Meetings Site Plan Date or Sketch Plan Date 3//3 9.0 10. Preliminary Plat date yo 11. Final Plat Date 1.2. Revised Final Plat Date 1 if applicable) 13. Revised Final Plat Date 2 i f a pp I i. c a b I e 14. Acreage of Total Project 15. Use of Land 1 16. Use of Land 2 1J,-;(- (-)t* Land 3 18. ()1' Land 4 19. Number of Lots Number of Single Family Un i t s 4p 21 N.111111he r of, M1.1 I t i - fam i I y Un i t rt,(, t, ion Cost of 1W i I d i ng 23. Size of Building ( Square rootage) _-----___ _-- 2 4. Streets _— City Street CS Private Street PS 25. Date of Acceptance of streets by City — 26. Bond-Landscaping- 27 . Bond -Streets Lt --- 28. Bond -Sewer 29. Bond -Water �' u 30. Bond -Other 31. Date Mylar Due (90 days after approval) 32. Date Recorded - 33. Expiration date of Approval _ 34. Date of First Building Permit 34 . Tax Map Number 36. Map File Location 1 37. Map File Location 2 38. Map File Location 3 _ Other fees (Type and amount.) �� ' $Mau res. Preparers Name: _- 2, G��------- AV Date: 9//C//%�' — Posted in Computer ( Name, Date) 4 6/19/90 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Preliminary Plat application of Alan Palmer for construction of a 10 unit planned residential development in nine buildings on a 4.9 acre parcel as depicted on a 2 page set of plans, page one entitled "Park Place, Preliminary Plan, Dorset Street, South in ('nr ,1+, r.. ., - and dated 3/11/90 last revised 5/15/90 with the following stipu- lations: 1. The plan shall be revised prior to final plat to show the following: a) Triangle easements (20' x 20') shall be provided at inter- secting streets; b) power and telephone lines in easements outside the 60 foot r.o.w. c) location of mailboxes for both this development and Indian Creek; d) location of proposed lighting. e) driveway length of at least 18 feet between edge of sidewalk and garage. 2. The applicant shall post a $7,100, 3-year landscaping bond for street trees and an $18,400, 3-year landscaping bond for site landscaping. These bonds shall be posted prior to permit. The street trees shall be installed prior to the sale of any units. The typical landscape plan shall be revised prior to final plat to show other hardwoods substituted for the crabapples. 3. A sewer allocation of 4,050 gpd is granted. The applicant shall pay the�Gper gallon fee prior to permit. 4. The applicant shall replace the pumps at the existing pumping station which will serve this development. The specifications shall be approved by the City Engineer. 6. bonds in an amount to be determined by the City Engineer to cover the costs of the new street, upgraded Indian creek Drive, sidewalks and utilities shall be posted prior to permit. 7. Legal documents (e.g. offers of dedication) for the new street, upgraded Indian Creek Drive, and 18 foot wide strip along Dorset shall be submitted to the City Attorney for approval prior to permit. u 8. The applicant shall contribute toward improvements to the Swift Street/Spear Street intersection. The formula to determine contributions and the recommended contribution for this project will be developed prior to final plat. 9. The plan shall clearly show the portion of Indian Creek Drive to be upgraded to City standard and dedicated tn7 '}gybe C'ty�t_ Gam. , S-t.�-�l7'GC.. / A , ,9..— 10. The Planning Commission waives the �ired 50 foot setback from the Ridgewood Estates property line. It is the Commission's opinion that the proposed development is compatible with sur- rounding residential developments and therefore will not cause an adverse impact. 11. The final plat application shall be submitted within 12 months or this approval is null and void. LITTLE LEAF LINDEN REFER TO SHEET C-1 -j ING SHRUBS 24" - so" 4' ON CENTER 3 CRABAPPLES 1"-1VFCAL NEI 1ME=0■■■E=EEME0EMM1 LOCATE FOR BEST SCREENING TERRY KRDMCY, ASLA Landscxpe Architect Site Planner 336 Malletts Bay Avenue Colchester, Vermont 05446 FAX SM4Z34389 8024Z4-7843 NOTE 1 - REFER TO ATTACHED SHEET FOR RECOMMENDED PLANT LIST. PARK PLACE SOUTH BURLINGTON, VERMON"I THE PALMER COMPANY TYPICAL LANDSCAPE PLAN • PROJECT #9003 1" = 20'0" 4-30-90 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: June 19, 1990 agenda items Date: June 15, 1990 3) BLODGETT PROPERTY, HOLMES ROAD EXTENSION Plans titled Blodgett Property Development dated April 1990 prepared by Fitzpatrick are acceptable. The name of the street will be Holmes Road not Blodgett Boulevard. 4 ) $. PLACE, DORSE STREET 1. Indian Creek entrance shall include curbs on both sides of the street. 2. Sidewalk shall be constructed one foot from the street r.o.w. line. Water shut offs shall be in this one foot strip. 3. A 20' x 20' triangle sight easement shall be provided at intersecting streets. 4. Power and telephone lines shall be in easements outside of 60' street r.o.w. 5. Street lights shall be included in the street construction work. Memorandum - Planning June 19, 1990 agenda items June 15, 1990 Page 2 4) PALMER, 10 UNIT PRD. DO SET STREET This application is a continued preliminary plat hearing from the May 1, 1990 meeting (minutes enclosed). The primary concerns included the number of units and whether a P.R.D. was being proposed in order to allow an innovative design or just to get around zoning and subdivision standards. The plan has been revised as follows: o Nine buildings are proposed instead of 10. One will be a duplex, therefore the total number of units (10) is the same. o The applicant met with the Natural Resources Committee to discuss the drainage way and small wetland. The applicant has agreed to preserve the wetland by better clustering the buildings. Therefore, the relocated drainage swale and retention pond are no longer proposed. I support the concept of leaving the wetland and drainageway in its exist- ing condition as much as possible. An analysis should be conducted to assure that this development will not exacer- bate the ponding that occurs on the Synagogue property during heavy rainfall. o The houses have been moved back at least 10 feet from the r.o.w. except for the duplex building. A corner of this building is 5 feet from the r.o.w. I see no problem with this distance since it is on a curve. Other: Bill Szymanski has requested that the sidewalk be moved away from the road so that it is one foot from the r.o.w. line. This will however, not leave enough room for a car- to park in the driveways without obstructing the sidewalk. A typical landscaping plan was submitted which is valued at $3,300 per unit. This meets the $18,400 requirement for site landscaping. The plan shows street trees planted 100 feet on center. The subdivision regulations require 60 feet on center. Traffic: The Council has suggested that an impact fee program be developed for improvements to the Spear Street/Swift Street intersection. A contribution program will be developed prior to final plat. Sewer: A sewer allocation of 4,050-gpd will be required. The applicant shall pay the $2.50 per gallon fee prior to permit. 2 0 Memorandum - Planning June 19, 1990 agenda items June 15,1990 Page 3 Recreation: A $200 per unit recreation fee shall be paid prior to permit. 5) SOCIAL RESPONSIBILITY COMMITTEE The Social Responsibility Committee will be present at Tuesday's meeting to discuss the homeless issue. The City Council had asked this Committee to take a preliminary look into this issue and make some recommendations on what the City's role in this issue is and what should be done. One of the recommendations made by the Committee is for the City to set up a task force to take a more in-depth look into the issue. The Committee would like to talk about the possibility of setting up a task force (e.g., how it should work, who should be on it) as well as share with the Commission what the Committee has learned about home- lessness in South Burlington and Chittenden County. 3 SOUTH BURLINGTON NATURAL RESOURCES COMMITTEE MINUTES JUNE 12, 1990 Members Present: Bill Schuele, Sylvia Smith, Steve Crowley, Haidee Antram, Shelley Snyder. Others Present: Tom Hubbard NEXT MEETING: WEDNESDAY, JULY 11, 1990. 1. Minutes of the May 8 Natural Resources Committee meeting were read and approved. 2. Bluebird Boxes. After the successful placement of bluebird boxes around the city, there is a need to clean out the old nests each year. This would need to happen in the fall, and would be a good youth project, but we should be , careful not to encourage clearing out or disturbing nests in use. 3. Summer Walks. Shelley suggested organizing a series of walks, and that we should meet through the summer to organize them. The Rec Department is running a series of walks; the NRC could participate or run another series later. 4. Park Place. Alan Palmer and Greg Bombardier met with the Committee to discuss plans for development of the Park Place project. They presented a redesign of the site plan, following the memo from the Committee to the Planning Commission about this project. Their marching orders from the owner of the property are to "Do as much as possible so as to get the most money out of it," according to Mr. Palmer. Zoning (R2) will allow ten units on the five acre parcel. The Committee reviewed a letter from Carl Ward, wetland biologist from Normandeau Engineering, to Mr. Bombardier, concurring with many of the points of the NRC memo. The redesign of the site plan succeeded in placing the road and nine of the units out of the wetland. At Shelley's suggestion, Mr. Palmer agreed that it would be desirable to combine units 2 and 3 into a duplex, moving the last unit out of the wetland. While this does not leave a fifty foot buffer, which would be desirable, this is not a_state- protected Class Two wetland, and the buffer is not currently k4 NRC Minutes, 6/14/90 Page 2 required. The fifty foot stream buffer, required by the CO District ordinance, is measured from the center of the stream. Planting a perimeter of screening vegetation, as suggested in Mr. Ward's letter, would help to protect the wildlife use of the wetland. This vegetation should be planted outside the wetland, not within it. Mr. Palmer also agreed that moving other units closer together (in pairs) would tend to leave more open area, and would be desirable. He also agreed that a covenant in the deeds would be a good way to make sure that the wetland is preserved in the future. The revised site plan shows a 30 foot wide road, as typically required by the City. The Planning Commission could consider that, in certain cases, a narrower road (24 ft) would help limit impacts on wetlands or stream buffers. The requirement for a through street, which makes snow plowing easier, could also be waived when this makes it possible to avoid natural resource impacts. There is one area where the road is very close to the wetland. A slope down from the road would be built into the wetland. This should be as steep as possible, to minimize impacts on the wetland. Erosion control will be very important here. Erosion control is critical throughout this project. Haybales and silt fences, and minimizing disturbance in the first place, should be required, maintained, and monitored. The Natural Resources Committee and Mr. Palmer agreed that this was a productive discussion that accomplished the goals of the developer and the Committee. 5. Munson Earth Moving, Wetland Fill. The Committee reviewed the notice of the Conditional Use Determination being sought by the Munson Earth Moving, to fill 0.95 acres of Class Two wetland, located off Williston Road near Avis. Steve will follow up on this, and talk with Joe Wieth about these plans. 6. Inventory Maps. It turns out the money for the mapping project needs to be spent by Monday, June 18, rather than by June 30 as the Committee had previously understood. Steve and Shelley will get together to finalize the maps on Friday, so they can be sent to the cartographer on Monday. At 9:30 the meeting was adjourned. Respectfully submitted, Stephen Crowley, NRC clerk } l TERRY KRINSKY, ASLA April 30, 1990 Landscape Architect, Site Planner Al Palmer The Palmer Company 4050 Williston Road South Burlington, Vermont 05403 Re: Park Place Project #9003 Dear Al: At your request, I have prepared a Typical 'Landscape Plan for the homes at Park Place. I have attached a plan for your review. The following plant species are keyed into the plan: 1 _ C,` is ca u �7 T _.. DECIDUOUS SHRUBS 24" - 30" y 'i � it 1. �'s Compact Burning Bush - Euonymus alatus compacta , -7.1 o ` i v E a 4 Silver Edge Dogwood Cornus arge'nteo marginata 1) .6d "'5 Anthony Waterer spirea Spirea bumalda A.W. � , y 5. Dwarf European. Cranberry Bush Viburnum opulus nana EVERGREEN SHRUBS 18" - 24" j y i 2 ,Seagreen Juniper Juniperus chinensis seagreen 4 t ,ter 0 1 Z Pfitzer Juniper Juniperus pfitzeriana t� } ,'i c Mugo Pine Pinus mugo CRABAPPLES 1" - F/2" n 4� )' C)O Robinson Crabapple Malus robinson Profusion Crabapple Malus profusion 0—" Snowdrift Crabapple Malus snowdrift Note: Large clump lilac may be substituted at building corner locations. EVERGREEN TREES 5' - 6' Austrian Pine g Pinus nigra o Norway Spruce Picea abies Fraser Fir Abies fraseri e 3 � Sincerely, Terry Krinsky, ASLA Landscape Architect TK/pc o 1 "ma 4 o VO '336 Malletts Bay Avenue Colchester, Vermont 05446 FAX 802-863-8389 • 802-864-7843 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 18, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: Park Place, Dorset Street Dear Alan: ZONING ADMINISTRATOR 658-7958 Enclosed are the 5/1/90 Planning Commission meeting minutes. Please call if you have any questions. n erely, oe Weith, ity Planner 1 Encl JW/mcp PLANNING COMMISSION 1 MAY 1990 page 3 State definition of affordability will be used. This is also HUD's and GBIC's definition. Members wanted the wording on affordability to come to the Planning Commission for approval. Mr. Weith noted the increase in tree caliper. Trees to screen the units from Patchen Rd. will be covenanted so they can't be removed without Planning Commission approval. They will be 10 ft. from the sewer line. Mr. Burr, representing S. Burlington Realty, asked about drainage in the rear. Mr. Burroughs said they have put in a swale. Mr. Burr was satisfied with this. Regarding affordability, both Ms. Peacock and Mrs. Maher wanted to insure that houses are not sold to someone who will use them for investment purposes. Mrs. Maher noted the Commission has made concessions on the basis of affordability. She wanted to be sure the homes are owner -occupied. Mr. Burroughs noted this would limit their market for sales. He said they hadn't considered who a unit was sold to as part of the affordability questions. Mr. Burgess stressed that the Commission wants to satisfy the market of people who want to buy a house to live in and can't afford to do this at the regular market price. Mr. Burroughs said they have been to VHFA and feel they can sell half the units to VHFA qual- ified buyers. That is all VHFA will agree to finance at the 80 rate. Mr. Burgess asked if they would be willing to come back to the Commission if the can't sell the units to a first time buyer. Mr. Weith suggested postponing action for a week to get wording from the City Attorney. Ms. Peacock moved to continue the Public Hearing until 8 May. Mrs. Maher seconded. Motion passed unanimously. 4. PUBLIC HEARING: Preliminary Plat application of Alan Palmer for construction of a 10 unit planned residential development on a 4.9 acre parcel. Dorset Street Mr. Palmer identified the parcel as the last one from the Myers farm. They propose to construct a city standard road down the center of the property to tie into Indian Creek Rd. They will build 9 homes; the loth is existing. Mr. Palmer noted a drainage problem between the Synagogue and the Mormon Church. This was created by the Church. This project will correct this problem with a retention pond. The CWD pipe is on the west side of Dorset St. There will be a 6 inch water main. Two hydrants will be provided. R[VISIONe ley wnNgo ctc ■I � I ILIH • •i40. ' PLANT SCHEDULE - PARK PLAG73 3-21-90 JJ \ \ � ' -_. - QF.�t:•JE { f.F.P..1LE 6�-lyri nl,w f11.n1TiI�s,S- OIT CO.O.ON MAI® �Ofl1MCNA� t(0 MOTi � \ \ �... a vrtuurwr u Dm Tr. ar � r- >M uAo \ ` 1 +J�E ExlM I.J(,, 8 f•IA. AT E+C 'lG-r-•Vl;k - FI( .p ) 1 ' VLa.=1 ice( L .�•T,OtiI !��\ - Tv I ) N<yTA AT +� OF 'SA I j.w. E4 IAND6'G♦►L+NOT S 1 \ -I+JJ. u-1 C•. !'42.2 t -STREET TREES 70 BE PLANTED t' OUTSIDE ROW. \ I I • DIA GJwE 2T ADDMONAL ►L-JMNG5 TO BE PROPOSED FOR EAOi HOUSE \ 1 Ex,ATIa.� IS LOCATtorl MAID hGAL.6: P• O+/rv' b- \,�� \ E�I..r„�• e;�rw. . IIJV. 11.1 .•i �.P4,u IyJ. OJi o' \ J P, D.A. j AY •'f a-AnNA -rcn l6i'�fl 1 O\ \ �,+� j / ill \ � _ / / ''" _'� �/ _ ♦ \ � 4_�.•+- w..-a 34 40 +AID hp 1 it.F.J. 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'"�•+,•� Ter 2" • JOA L"I JAiJ W --IT 0 •i. f7.�.+MI+JA •P"� PLJ�. yA!GE �aE.r cwJv ..LT: -1 fLA•-1 AiGHr�-fLGTGAT�G ►TA¢�i r{ JCro,�,f'fi AAT61469IL4-VYP, LcGEt l --- i O VATLK_..,ATm 4ALJ6 X, 7_ •rI..A,ic' PY>6.A •If" .� 366 i ♦ _`. .�---- :�^ �fy,riJ-GV�P64.' yI.lA11.1 WJK Pi.a.l[k --r----+— / TIOnJ C.a.�ci !Tu•Kr VAW/fiv.Aai.T,. oIJ �' . 5WrAc� LwGG --`'— L •7i R 'S. y J 5 t .f f r W xg a k r. Aie 7.22•g0 F c"s +u�r ClYF .elr am K City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 15, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: Park Place, 10 Unit. PRD, Dorset Street Dear Alan: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, June 19, 1990 at 7 : 30 P.M. to represent yoiir erelw, oe Weith, ity Planner Encls JW/mcp TERRY KRINSKY, ASLA Landscape Architect Site Planner April 30, 1990 • Al Palmer The Palmer Company 4050 Williston Road South Burlington, Vermont 05403 Re: Park Place Project #9003 Dear Al: At your request, I have prepared an estimate of the probable costs for the installation of a Typical Planting Plan for a home at Park Place. 7 Deciduous Shrubs 24" - 30" @ $50.00/each $ 350.00 9 Evergreen Shrubs 18" - 24" @ $40.00/each $ 360.00 5 Crabapples (or Lilac Clumps) 1" IVY' @ $150.00/each $ 750.00 5 Evergreen Trees 5' - 6' @ $175.00/each $ 875.00 Miscellaneous groundcovers, bulbs, perennials $ 250.00 Subtotal $2,585.00 Prorated share of Street Trees (25 @ $300.00 _ 10) $ 750.00 Total Cost Per Unit $3,335.(X) Sincerely, -Ft, K" Terry Krinsky, ASLA Landscape Architect TK/pc 336 Malletts Bay Avenue • ,Colchester, Vermont 05446 • FAX 802-863-8389 • 802-864-7843 MEMO - -'- J TO: Planning Commission FROM: Natural Resources Committee RE: Proposed Park Place preliminary development on Dorset Street Steve Crowley and Shelley Snyder walked the proposed development area. It was found to contain a small wetland which is part of a stream -wetland complex. The existing stream meanders, from south to north on the western side o the property. Typical of many streams high in the water shed, it alternates between stream and wetland. This stream is a prime example of a stream that exhibits a wide range of aesthetic and environmental values. Because of the wide range of environmental habitats, a high diversity of life was observed including mallards, killdeer and many wetland plant species. The stream course wetlands are important because they form a corridor providing resting areas and feeding grounds for migrating wildlife. Birds that nest here and in nearby ponds need the sheltered feeding grounds offered by this type of stream and wetland. Observation upstream of this property reveals profuse growth of algae in standing water. This is an indicator of high levels of nutrients, phosphorous and nitrogen specifically. Phosphorous and nitrogen are recognised a.s number one pollutants in Vermont. Stream course wetlands such as this filter nutrients out of water through biological. processes in a way that an artificial pond cannot duplicate. Regarding the storm water detention pond, storm water contains many compounds that are toxic to wetland life. Road sa.1t, 01.1., sollids from automobile exhausts, fertilize and pesticides are all found in storm runoff waters. The stream wetland complex acts as a sponge to absourb high storm flows and release water downstream in a more consistant flow. Change in topography is proposed that will change drainage patterns. Overland flow such as is observed on kept lawns (less permeable than meadows and wetlands) does not allow time for water to be absorbed into the soil for slow release. Change in the stream course will irreparably damage the balance between water, soil and biota. This will cause us to loose yet another link in the chain. vew,rJ p' '� Qu sm lip d-� Memorandum - Planning May 1, 1990 agenda items April 27, 1990 Page 3 4) PALMER, 10 UNIT P.R.D., DORSET STREET Alan Palmer proposes to construct 9 single-family homes on a 4.9 acre parcel which currently has a single-family home, thereby creating a 10 unit single-family PRD. The parcel is zoned R-2 and is bounded on the north by the Indian Creek entrance drive and a single-family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east by Dorset Street. The sketch plan was reviewed on 3/13/90 (minutes enclosed). Density: Maximum density range for this parcel is 8 to 9.8 units. Lower end of the range is determined as follows: 4.9 acres - 5400 square feet of wet area - 15% for roadway x 2 units per acre = 8 units. The upper end of the range is determined as follows: 4.9 acres x 2 unity per acre = 9.8 units Access/Circulation: The units will be served by a new 30 foot. wide public road (60 foot r.o.w.). Circulation is adequate. Units 7 and 9 are only 3 feet away from the r.o.w. while units 6, 8 and 10 are 7 feet away. The applicant has agreed to shift. the location of the road and houses so that they are 10 feet away from the r.o.w. I feel this is sufficient. Drainage: The applicant is proposing to relocate the drainageway and construct a retentlion basin. The drainageway would be dug out to correct the problem of water backing up on the synagogue property to the south. Houses are proposed within 30 feet. of the drainageway. Landscaping: The applicant proposes littleleaf linden for street. trees. A $7,100 bond shall be posted to cover street trees. An additional $18,400 in site landscaping will be required based on a building construction cost of $1,090,000. A plan showing site landscaping needs to be submitted. Traffic: The Council has suggested that an impact fee program: be developed for improvments to the Spear Street/Swift intersection. A meeting is scheduled next week to decide what should be done and how much it will cost. A contribution program will be de- veloped prior to final plat. Sewer: A sewer allocation of 4,050 gpd will be required. The $2.50 per gallon fee shall be paid prior to permit. %t.her:_ See Bill szymanski comments. 3 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 27, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: 10 Unit. PRD, Dorset. Street Dear Alan : ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, May 1, 1990 at 7:30 P.M. to represent your request. S' ere ly, �( oe Weith, City Planner Encls JW/mcp MEMQRANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: May 1, 1.990 agenda items Date: April 27, 1990 2) J-CARE SUPPLIES. LIME ROCK ROAD 1. The existing curb opening shall be used. 2. Site shall drain to the existing stream to the east. 3) PATCHEN PLACE CONDOS, PATCHEN ROAD Sidewalk along Patchen Road shall be 5 feet in width constructed one foot from the r.o.w. and across all driveways including the drive to the development. 4) PARK PLACE. DORSET STREET A meeting was held on 4/26/90 with the developer Mr. Palmer and this engineer and it was agreed upon to correct. the plan dated 3/22/90 to include the following: 1. Increase radii at intersecting streets to 301. Indian Creek entrance shall conform to City standards which includes widening to 30 feet, curbs on both sides and repaving. A. Houses shall be setback at least. 10 feet. from the street. r.o.w. ,JV. Sidewalk shall be constructed one foot frori the street r.o.w. line. Water shutoffs shall be in this one foot. strip. 20' x 20' triangle sitht easements shall. be Y)rovi(ied at intersecting streets. Power and telephone lines shall- be in easer!ier:ts outside of the 60 foot street r.o.w. 7. Street lights shall be included in the street. Indian Creek mail boxes and sign shall be moved west.erl,,. Memorandum - City Engineer May 1, 1990 agenda items April 27, 1990 Page 2 �-/9. An inlet added along Dorset street and piped to catch basin 49. �0. Water main shall be constructed between the curb and side- walk along the east side of the road. 11. Mr. Palmer has agreed to replace the sewage pumps at the sewage pumping station served by this development. The adjacent neighbor to the north expressed his concern regard- ing the drainage from the new street overflowing the inlets and across the street on to his property. Curbs shall be installed on the north side of the Indian Creek entrance which will inter- cept any overflow and send it westerly along a shoulder ditch. He also requested that depressions be .built in the pavement of each inlet. This we never do. The inlets along the curb line do the job and there is no need to depress the road surface. The sewage pumping station served by this development has sufficient reserve capacity. The City has asked the developer to replace the existing pumps which are showing wear. He has agreed to do so. 5) RAMADA INN, WILLISTON ROAD 1 Corporate Way is still a private street. Allowing access from this street may require approval from the owner. 6) AGEL CORMAN, SHELBURNE ROAD 1. Sidewalk should be 5 feet in width. 2. islands designating O'Dell Parkway and parking lot should be lined with concrete curbing. N �outb +Burlington Tfire Department 575 Burnet street -�'!,unt11 f6tirtingtun. 1lerntunt 054113 (802) 658-7960 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: MAY 1,1990 AGENDA ITEMS DATE: WEDNESDAY April 25,1990 1. J-CARE SUPPLIES INC. LOT #3 ETHAN ALLEN DR. PLANS HAVE BEEN REVIEWED BY THIS DEPARTMENT AND THE ONLY PROBLEM I SEE AT THIS TIME IS THE HYDRANT BY THE CIRCLE ON LIME ROCK ROAD IS MISSING. 2. RAMADA INN 2-LOT SUB -DIVISION AT THIS TIME I DO NOT SEE A PROBLEM WITH THE PROPERTY BEING SUB -DIVIDED. 3. PLAMER PARK PLACE 10-UNIT PRD. PLANS HAVE BEEN REVIEWED BY THIS DEPARTMENT AND AT THIS TOME I DO NOT SEE A PROBLEM WITH THE DEVELOPMENT GIVEN PROPER FIRE PROTECTION IF NEEDED. 4. FED ASSOCIATES BEN FRANKLIN 518 SHELBURNE ROAD PLANS WERE REVIEWED AND THE ONLY PROBLEM I SEE IS THE AREA BY THE SOUTH END OF THE BUILDING FOR 22 PARKING SPACES DOES NOT GIVE US THE ROOM FOR EMERGENCY EQUIPMENT TO SET UP SO 11 SPACES MUST BE RELOCATED TO ANOTHER AREA. PLANNING COMMISSION 13 March 1990 page 5 Mrs. Maher seconded the motion which passed unanimously. _5. Sketch plan application of Alan Palmer for construction of a 10-unit planned residential devell_opment_on_approximately_4.55+� acres. 1001 Dorset Street Terry Krinsky said the property is below the road into Indian Creek. There are 2 options. A more traditional layout or a cluster plan. Mr. Weith noted that the City Engineer and Mr. Audette felt the cul de sacs were too tight. Mr. Krinsky said there would be 2 curb cuts on Dorset St. The cluster plan would give more open space and leave more land around the historic brick house. He felt the cul de sac radii meet all standards for fire vehicles, etc. The plan is to connect with the Indian Creek sewer. The traditional plan would have a 60-foot right of way, water main looped to Indian Creek, and a larger distance between buildings. There will be a storm water detention pond. Mr. Palmer said they would prefer to keep the cul de sacs private and they would plow them. Mrs. Maher noted that one day people would still ask the city to do the maintenance. Mr. Austin thought the cul de sacs were attractive. Mrs. Maher preferred the safety feature of the straight road. The question of allowing 10 units was raised. The allowable range is 8 to 9.8. Ms. Pugh preferred 8. Mr. Austin and Mr. Burgess preferred 9, and Mrs. Maher and Mr. Belter would allow 10. Mr. Palmer noted there is an access agreement to use the Indian Creek Road for this property. There is a provision that this developer would have to upgrade the first portion of that road and dedicate it to the city. Ms. Pugh felt that Natural Resosurces people should look at the plan because of the wet area. A majority of members preferred the straight road. Mr. Burgess would accept either. 6. Sketch plan application ofFEP Associates for conversion of a 24,000 s_q. fe. building (Agel-Corman_Buildin_g _to_variety_retail use, 518 Shelburne Rd. Mr. Carroll said the building has ownership of only the land under it and immediately adjacent to it. He said they would not change the 2nd floor office use. The retail space to be developed is 14,500 to 15,000 sq. ft. Mr. Austin said he would want to know the exact allocation of non- Memorandum - Planning March 13, 1990 agenda items March 9, 1990 Page 4 Traffic: Based on I.T.E. trip rates, (warehousing, code 150) this use would generate 10 trips during the peak hour. The applicant shall contribute $99 to the Williston Road Intersection Improvement Fund (Area 2). Sewer: A sewer allocation of 180 gpd should be granted based on an estimate of 8 employees. 6) PALMER. 10 UNIT PRD, DORSET STREET Alan Palmer proposes to construct 9 single-family homes on a 4.9 acre parcel which currently has a single-family home, thereby creating a 10 unit single-family PRD. The parcel is zoned R-2 and is bounded on the north by the Indian Creek entrance drive and a single-family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east by Dorset Street. Density:_ Maximum density range for this parcel is 8 to 9.8 units. Lower end of the range is determined as follows: 4.9 acres - 5400 square feet of wet area - 15% for roadway x 2 units per acre = 8 units. The upper end of the range is determined as follows: 4.9 acres x 2 units per acre = 9.8 units. Layout: The plan shows two separate clusters; one cluster of 4 homes, and one of 6 homes. Access: Each cluster would have its own access off Doi -set Street. The City's Public/Private Roadway Policy requires these clusters to be served by public roadways. I am concerned with the number of curbs cuts on Dorset Street while Sonny Audette and Bill Szymanski are concerned with the tightness of the cul-de- sacs. The applicant has informed me that he is willing to take a look at a loop road connecting the southern -most access to the existing Indian Creek access. This results in no increase in curb cuts and also meets Sonny's and Bill's concern (see Sketch A for "Loop" concept). m Memorandum - Planning March 13, 1990 agenda items March 9, 1990 Page 5 nyr4ii-tg4g;� i iA Q wider, rolaati.voly flat dra.inago away run- ning north - south through the property. This is an important drainage swale as it drains an area south of Swift Street. Sonny Audette has suggested constructing a retention basin on the property to fix some ponding and erosion problems happening on the property to the south. Once again the Planing Commission needs to make a call on whether this swale classifies as a minor stream and therefore require a 50 foot setback. I do not see a problem with constructing within 50 feet of the swale (perhaps 20 - 30 feet) as long as the swale is left in a natural condition in terms of vegetated banks, retention basin and minimal culverting. Setbacks: The present plan shows the structures meeting the 50 foot P.U.D. perimeter setback. The "Loop" road concept, however, may require a waiver of the 50 foot setback. I do not see a problem with this since both Ridgewood Estates and Indian Creek would not be adversely impacted. The units should be setback as much as possible from Dorset Street. Dorset Street.: The applicant is proposing to dedicate a strip along Dorset. Street to the City in order to increase the Dorset Street r.o.w. as indicated in the zoning regulations. 7) AGEL CORMAN BUILDING, SHELBURNE ROAD F.E.P. Associates is proposing to convert the Agel-Corman building to variety retail use (Ben Franklin Store). The property is zoned Commercial 1 and is bounded on the north by a service station, vacant commercial building and Bacon Street, on the east by WVNY-22, on the south by the Factory Outlet Mall and on the west by Shelburne Road. The O'Dell Parkway r.o.w. runs through the property to a signal- ized intersection with Shelburne Road. There is also unsignal- ized access onto Bacon Street. A car wash exists on the same lot. Therefore, this project classifies as a planned commercial development. The Planning Commission must decide whether this should be handled in 2 steps (sketch and revised final plat) or in 3 steps (sketch, prelimi- nary plat, revised final plat). 5 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 17, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: 10 Unit P.R.D., Dorset Street Dear Alan: ZONING ADMINISTRATOR 658-7958 Enclosed are the 3/13/90 Planning Commission meeting minutes. Please call if yc-,u have any questions. Sil rely, L� oe Weith, City Planner 3 Encls JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 9, 1990 Mr. Alan Palmer 4050 Williston Road South Burlington, Vermont 05403 Re: 10 Unit PRD, Dorset Street Dear Al: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Biii aiiu Chief Goddette's comments. Please be sure someone is present on Tuesday, 3/13/89 at. 7:30 1ep1,t:�1L__' z- ur request. Scerely, Q),4 oe Weith, City Planner Encls JW/mcp elf TO: FROM: RE: DATE: 1. w 3. uutlt +j urltugtan Ntre D epartmeut � 575 +B urtiet street ?, 3uutb Nurliugtun. Vermuut 05403 � (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY MARCH 13 1990 AGENDA ITEMS MARCH 7,1990 ALAN PALMER PARK PLACE 1001 DORSET STREET PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME THE ONLY PROBLEM I SEE IS THE BUILDINGS ARE LESS THEN 30' APART, MICHAL DUGAN 518 SHELBURNE ROAD BEN FRANKLIN STORE PLANS REVIEWED BY THIS DEPARTMENT ON THIS PROJECT AND THE ONLY PROBLEM I SEE IS 11 PARKING -SPACES ON THE SOUTH END OF THE BUILDING NEAR THE ISLAND MUST BE TAKEN OUT TO ALLOW PROPER ACCESS FOR EMERGENCY EQUIPMENT TO SET UP IN CASE OF AN EMERGENCY. MUDDY BROOK INDUSTRIAL PARK LOT #4 PLANS REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. 4. PAUL MORWOOD 333 DORSET STREET PLANS WERE REVIEWED BY THIS DEPARTMENT AND THE ONLY PROBLEM I SEE AT THIS TIME IS THE DRIVE WAY TO THE BACK MUST BE NO LESS THEN 18' FOR A FIRE LANE TO GET EQUIPMENT IN THE BACK YARD. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: March 13, 1990 agenda items Date: March 9, 1990 4) PROFESSIONAL BUILDING. 333 DORSET STREET 1. The plan conforms with the Dorset Street widening plans and is acceptable. 2. A site drainage plan shall be submitted for review and ap- proval. 5) MUDDY BROOK INDUSTRIAL PARK, LOT NO. 4. WILLISTON ROAD On site sewage disposal is required for this lot. Plans of the system shall be submitted for review and approval. 6) PARK PLACE, DORSET STREET 1. The circle streets are too small and confined for maintenance and parking. A "U" shaped road would better serve this lot. 2. Sewer manholes must be accessible for mobile cleaning equip- ment. 3. The sewage pumping station of Indian Creek will need upgrad- ing to accommodate this extra flow. 4. Dorset Street frontage should include a sidewalk. 7) BEN FRANKLIN STORE, 518 SHELBURNE ROAD 1. The planting islands should be lined with concrete curbs to protect them. 2. The car wash is located on this lot. At times it is very busy with two lines of cars backed around the east side of this building. This back up may conflict with the parking along that side. CITY OF SOLPPII IMP111NC; MN SulAivision Application 1) Name, address, and phone number of: a. Owner of recordiyt�_ l,. Applicant RZ,I — �tS� c. Contact person j 2) Purpose, location, and nature of subdivision or development, including _.. ..c 1-4 -_; ,Fc r r r%Aro,-1 c An[l nronnsP_d use (s) . 3) Applicant's legal interest in the property (fee simple,(iption, etc) 4) Names of 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. 6) Proposed extension, r-•el.ocation, or modi.i'ication oI' municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: 8) Submit five copies and one reduced copy (8 1/2 x 11 or 8 1/2 x 14) of a sketch plan showing the following information: \ate 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. I\J 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. \\44) 'Type of, location, and approximate size of existing and proposed streets, utilities, and open space. �•15) Date, true north arrow and scale (numerical and graphic). b) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Si-gnature) applicant or contact, person c � /,� A D ate -2- �'cuYmry PAYED_ .9A iWLK �\ YL1'nCYE . ar NYfkfY. � \ JKP' \ W 1 �I �a xpeMa \ I I1 / \46 • .aeee°cm Esra/Et `' I `-A AXE \ \ �. 45290' 04 / a Oft /r�Eo \ $ 1 / / ..;.,:;_".`. / / •::' ,Is'T�� E 1 sso' )eartiEa•w. At: J" . SKETCl/PYAN a, 30 CAMM \ \ PWwG17x]r � /00/Lg7SETSTREET i / i 1 LfNEAQ / r�wiuevNr vE,ewewT[a4V�.sZ4?Wra9s f a"'iev�irEM:E mer.�acim�iErarar jw— d? .YM,NYN, aw Al .wnnw r wo, I tarot ..L'19 hq ' nw• nrnwtarr a m ae® rut ro \,,� f 14 t, 4�ad&I VUl M N6-4- Ae Z� 16'ej6 Blw aim I'�c I�,� P�•ja ¢93 I v� ZO )4),0 0�%, e)o Qat4,41 6m -)� 6,641VAL) CITY OF SOUTH BURLINGTON Subdivision Appj4cation - PRELIMINARY PLAT 1) Name of Applicant 2) Name of Subdivision 3) Submit Subdivision Fee �;- 4) Describe Subdivision (i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses): 5) Indicate any changes to name, address, or phone number of owner of record, applicant, or contact person since sketch plan application: 6) Name, address, and phone number of: 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: 8) List names and mailing addresses of owners of record of all contiguous properties: 9) State title, drawing number, date of original plus any revisions, and designer(s) of the,,preliminary map(s) accompanyinq this application: ItK —NAL qbM I --1 1&4� 10) COST ESTIMATES for Planned Unit Developments, multi -family projects, and commercial and industrial 4complexes: (a) Buildings bILU-11 (b) Landscaping r (c) All Other Site Improvements (e.g., curb work) o ` 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi -family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour P.M. peak hour Average daily traffic % of trucks 12) Attach five copies of a preliminary neap showing the fallowing inforiiotic�n: a) Proposed subdivision name or identifying title and the name of th(� city. h) Name and address of owner of record,SUhdivider and designer of Prelinr- inary Plat. c) Nwnber of acres within the prolx)FAd subdivision, location of flrty lint'.`;, Str UCtUr(,s, waterc(mt ses, woo(ied areas,and (Itll(`r f"i:;ent L,I f ln(1 i)Iry:;iCIA l f (�,lt Lll ('L,. d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property or serving the property to be subdivided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately maintained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet,'based on United States Geolog- ical Survey datum of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. 1) Numerical and graphic scale, date and true north arrow. j) Details of proposed connection with existing water supply or alternative ;Weans of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culverts which may be required. o) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless an existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. ;-- .-.-- p) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 13) Developmental timetable (including number of phases, and start and completion dates) 14) List the waivers applicant desires from the requirements of these regulations: 15) Attach a vicinity map showing the following: 1) All existing subdivisions, approximate tract lines and acreage of adjacent parcels, together with the names of the record owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or proposed streets, curb cuts, easements, building lines and alleys pertaining to the proposed sub- division and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. (signature) applicant or contact person (4) STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOA{ 1507 BURLINGTON. VERMONT 05402-1507 (SO2) 660 255> (VOICE,TDD) STEVEN F. STITZEL FAX (802) 660-2552 PATTI R. PAGE* E-MAIL(FIRM2555FAOL.COM) ROBERT E. FLETCHE-R JOSEPH S. McLEAN TIMOTHY M. EUSTACE (*ALSO ADMITTED N N.Y.) October 10, 1997 VIA FACSIMILE AND 1ST CLASS MAIL Thomas A. Little, Esq. Little, Cicchetti & Conard, P.C. 117 St. Paul Street P.O. Box 907 Burlington, VT 05402-0907 Re: David DuBrul Property Development -- South Burlington Dear Tom: OF COUNSEL ARTHUR W. CERNOSIA Thank you for the fax of the revised DuBrul Development documents dated October 9, 1997. The documents appear to be ready for execution and delivery to the City. Once they are executed you can deliver them to this office or bring them directly to Ray Belair at the City Planning Office. Please do not hesitate to call if you have any questions. Thank you. Sincerely, L.f Timothy M. Eustace CC: Ray Belair LEGAL NOTICES 1 PUBLIC HEARING y+iUTW 6URLINGTON PLANNING COMMISSION The South Burlington Plan- ningg Commission will hold a public hearing at the South Burlington City Hall, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, May 1, 1990 at 7:30 pm to con- sider the following: 1) Final Plot application of Design Development, Inc. for subdivision of 2.9 acres into 3 lots of 2.35, 0.33, 0.22 acres and construction of an 8 unit planned resi- dential development on the 2.35 acre parcel. the prop- erty is located on Patchen Road and is bounded on the east by B. alter and -the j 5ociety of H. Abram, on the south by R. Munson, on the Continued Next Column LEGAL NOTICES 1 west by Tygate Properties, and on the north by Patchen Road. 2) Preliminary Plat opplica- tion of Alan Palmer for con- struction of a 10 unit planned residential devel- opmetnt on a 4.9 acre par= cel located at 1001 Dorset Street. The parcel is bound- ed on the north by Indian Creek Condominiums and W. Robenstein, on the west by Ridgewood Estates, on the south by Temple Sinai, Inc., • and on the east by Dorset Street. Copies of the applications are available at the South Burlington City Hall. William Burgess Chairman South Burlington Planning Commission April 14, 1990 TERRY KRINSKY, ASLA Landscape Architect Site Planner 336 Malletts Bay Avenue Colchester, Vermont 05446 FAX 802-863-8389 802-864-7843 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont, on Tuesday, October 2, 1990 at 7:30 PM to consider the following: 1) Revised Preliminary Plat application of John'' Larkin and Gerald Mllot; for construction of a' planned cominercial -de-1 velopment consisting of; 150 mulit-family -resi-' dential units, a 40-room hotel, 60,000 square feet of office use and 40,000 square feet of retail use i on a 33 acre parcel lo- cated on Shelburne Road. The parcel is bounded by Merrihew, c/o Pomerleau Real Estate, Pizzagaili Construction, Thomas Farrell, State of Vermont, and Shelburne Road. 2) Final Plat application of Alan Palmer for construc- tion of a 10 unit planned residential development in nine (9) buildings on a 4.9 acre parcel located at 1001 Dorset Street. The parcel is bounded on the north by Indian Creek Condominiums and W. Robenstein, on the west by Ridgewood Estates, on the south by Temple Si- nai, Inc., and on the east by Dorset Street. Copies of the applications ar,,) available for public inspection at the South Burlington City Hall. William Burgess Chairman South Burlington Planning Commission September 15, 1990 i. V Date Received By Date Application Completed and Received By CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIUV 1) NAME, ADDRESS, AND PHONE NUMBER OF: By (a) Owner of Record-XSACOPPP-, W MVEPS 1001?bR19—T 3r So RcA i '& Zm 16-3 (b) Applicant (c) Contact Person SAtm . 2) 3) PROJECT STREET ADDRESS: PROPOSED USE (S) : V S : 1Ui .- 'PaR Apyd- S A A Arun M Q, S A —L'� Q ( ) G_ 15&R �Q Q e-cor 3 At, * S 4) SIZE OF PROJECT (i.e., # of units, floor area, etc.) Back 3ed X 7 d i�A(ZI I WO Ov"A" x /yo 5) NUMBER OF EMPLOYEES (full & part time) V 6) COST ESTIMATES: (a) Buildings a e AS (b) Landscaping 0 N -5 1 (c) All Other Site Improvements (i.e., curb work) 7) ESTIMATED PROJECT CO1'4PLETION DATE COVI ±l Cr "ESA' cift ii 8) ESTIMATED AVERAGE DAILY TRAFFIC (in & out) IDAV*sr 9) PEAK HOUR (S) OF OPERATION / 0 . 04) wk ; 6e p m 10) PEAK DAYS OF OPERATION .7 +-T A—!50N. Is DAT SIGNATUP7 OF APPL 8/13/84 JSB MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Isadore Myers and Paul Liberty, 1001 Dorset Street for the conversion of a barn to an antique sales facility, as depicted on a plan entitled prepared and dated with the following stipulations. 1. Temporary barriers will be placed along the front lawn, parallel to Dorset Street during operating hours to require vehicles to use the driveway rather than driving onto Dorset Street at any location. 2. Parking will be confined to the front lawn only. 3. That this approval expires in 6 months. Memorandum Agenda items for August 14, 1984 August 10, 1984 Page 2 other access through Merriam -Graves and there is no possibility of this. The City sidewalk in the front of the lot is shown on the plan as requested by Bill Szymanski. A snow removal area is also shown. See Bill's memo regarding drainage. All other items are satisfactory. 4) Myers and Liberty, 1001 Dorset Street The applicant proposes to use an existing barn for antique sales. It will be operated on weekends from 10 A.M. to 5 P.M. The Zoning Board is hearing a request on Nbnday, August 13. Assuming approval is granted, my comments are as follows: Pedestran and Vehicular Access: The driveway is 20 feet wide. There is no curbing. Vehicles will drive onto the lawn for off-street parking. Circulation: Circulation will be haphazard at best. There is nothing to prevent cars from driving onto and off of Dorset Street at any location unless some sort of fence or even saw horses are placed along the property line. Parking: The front lawn can serve approximately 20 vehicles. The applicant expects 15 cars on Saturdays and Sundays. landscaping Is sufficient. No building improvements are proposed. 5) Chittenden Trust Company, Dorset Street The applicant proposes to construct a new automatic teller machine area (24'x101). There are no major problems with this application. Pedestrian and Vehicular Access: Access will remain as it is. The new ATM area will be placed over the existing concrete walkway and a new walkway will be installed. Circulation: Remains adequate with a sufficient stacking area for cars and complete circulation around the building. Parking: Spaces are adequate with 34 provided. The plans for Dorset Street widening will take 8 to 10 feet of frontage on this site. This will not seriously affect the site or parking. 6) Air North Maintenance Hangar, BIA The applicant proposes to build a 33,600 square foot maintenance hangar located at the site of a previously approved Air Vermont Hangar off of Williston Road. 7)3) S�-Pefl.� ftv'o ) ov Irlad O\e6�ezkylcn "YW� N-&., O&AA - q5'kSO( 4 'ctv'6 I'S 0""' &-' C5L' Late of Vermont Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council —TC? o\-vjL S, R cL-(— AGENCY OF ENVIRONAIEN1'AL CONSERVATION January 10, 1985 Irwin Wallman Temple Sinai 899 Dorset Street South Burlington, Vermont 05401 Departutent of Water Resources and Euvlrounlcutal Engineering Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 RE: PB-4-0990, Proposed New Temple, 500 Swift Street, South Burlington, Vermont Dear Mr. Wallman: The Division of Protection has received a written request to allow the commencement of construction for the foundation of the above referenced project. In accordance with the Environmental Protection Rules, Chapter 4 - Public Buildings, Section .4-03(2), authorization is hereby granted by the Protection Division for commencement of construction with the following conditions: (1) Construction of the actual structure is limited, at this time, to foundation work only and does not include nor is permission granted for the installation of interior plumbing either above or below grade. (Please note, interior plumbing is defined to include waste and water piping beginning 3 feet outside of the foundation wall and extending into the building. (2) Permission for foundation construction does not include authorization for the installation of the exterior sewer and water line services to the building. No exterior sewer or water lines are authorized for installation until the plans are submitted by a professional engineer and a Land Use Permit has been issued by the Protection Division. Please submit the basis for the proposed sewage flows, including the maximum number of people expected to use the facility. (3) This letter authorizing foundation construction does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Department of Labor & Industry and the Town of South Burlington prior to construction. (4) Before we can approve the exterior sewer and water services for this project, please submit the completed plans for each service, prepared by a qualified consultant in accordance with the Environmental Protection Rules. Site & Foundation Approval Letter Page 2 Please note, this office has not received the plans for the interior plumbing and ventilation. Upon c-Qmp-t--e-t-io—of r-e v-i-err-Yreceipt of the plans a review shall be completed and you shall be promptly advised of our findings. In the meantime, should you have any questions, please contact this office. Sincerel Mary. Clark Assistant Regional Engineer cc: City of South Burlington Julian Goodrich Department of Labor & Industry August 10, 1984 Paul Liberty Isadore Myers 1001 Dorset Street South Burlington, Vermont 05401 Dear Mssrs. Myers and Liberty: Enclosed is the agenda for the Planning Commission meeting of August 14. If you receive approval of the Zoning Board on August 13, the Planning Commission will consider your site plan on July 14. Also enclosed is a copy of my memo to the Commission. Please mall me if you have any questions. Sincerely, Jane S. Bechtel, City Planner JSB/mcg 1 Encl M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Planner Re: Next week's agenda items Date: 8/10/84 3) MEDICAL OFFICE, 1540 WILLISTON ROAD 1. The parking lot drainage should be intercepted and piped into the Williston Road drainage system. The area is flat and subject to spring ponding; the new parking lot will add to the problem by the increased runoff anYe or forcing the runoff on to adjacent property especially if parking area.is filled and enlarged. 4) LIBERTY/MYERS No comments 5) CHITTENDEN TRUST COMPANY, Dorset Street No comments 6) Air North Hangar, Burlington International Airport 1. Site will require extensive excavation. Method of disposing of this material must be defined and if disposed off the project site, it will require Zoning Board approval. 2. Plan should show site drainage. 3. Perculation tests for on site sewage disposal shall be furnished. 4. There should be no engine runups during the hours of 11:00 P.M. to 6:00 A.M. 7) TWIN OAKS TENNIS CENTER, TWIN OAKS DRIVE 1. Parking lot drainage shall include inlets and piping to the street system. 2. The frontage landscaped strip as required by the regulations should be maintained. This has worked well;it provides snow storage and prevents parked cars from extending over the sidewalk. 8/13/84 JSB MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Isadore Myers and Paul Liberty, 1001 Dorset Street for the conversion of a barn to an antique sales facility, as depicted on a plan entitled " if prepared and dated , with the following stipulations. 1. Temporary barriers will be placed along the front lawn, parallel to Dorset Street during operating hours to require vehicles to use the driveway rather than driving onto Dorset Street at any location. 2. Parking will be confined to the front lawn only. 3. That this approval expires in 6 months. K-:l .Tsads►t 0. I"yers 03 1 SSQderC LJ, mye,>S scALt • /"= io C August 15, 1984 Mr. Isadore Myers 1001 Dorset Street South Burlington, Vermont 05401 Re: Zoning variance Dear Mr. Myers: Be advised that your request for a zoning variance allowing for the operation of an antique shop has been denied. The Board consist of seven (7) members, a favorable vote requires four (4) members voting for an appeal. Your request was denied based on a 3 to 1 vote. The Board wilIJAssue informal findings at a later date. You will be required to discontinue the present garage sales at the Dorset Street location. As I explained to you in a letter dated July 20, 1984 your operation was in violation. Should you continue the City will be forced to take legal action against you. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg Certified letter #P353 556 256 MYERS 1001 Dorset Street Area zoned R-2 District Section 8.10 Permitted uses - proposed use sale of antiques is prohibited, use variance required Section 19.65 Multiple uses - existing use single family dwelling Proposed: to use existing barn and surrounding grounds for sale and display of antiques City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 July 16, 1984 Mr. Isadore Myers 1001 Dorset Street South Burlington, Vermont 05401 Re: Zoning appeal Dear Mr. Myers: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Hall Conference Room, 575 Dorset Street on Monday, July 23, 1984 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg DESAUTELS & BERGERON, INC. ATTORNEYS AT LAW 96 SOUTH UNION STREET P. O. BOX 925 BURLINGTON, VERMONT 05402-0925 JOHN J. BERGERON GERALD W. DESAUTELS HOWARD E. VANBENTHUYSEN SUSAN L. FOWLER Richard Ward Zoning Administrative Officer City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 29 June 1984 (802) 863-4577 Re: Conditional Use Permit Application of Isadore Myers and Paul Liberty Dear Mr. Ward, This office represents Isadore Myers and Paul Liberty of 1001 Dorset Street, South Burlington. Mr. Myers and Mr. Liberty are seeking permission from the City of South Burlington pursuant to §19.652 of the South Burlington Zoning Regulations to operate a weekend only antique, Vermont products, and curio shop out of the Myers barn located at 1001 Dorset Street. The proposed use would be for weekends only, that is Saturday and Sunday only, from Memorial Day until Labor Day. The use would require no illumination or lighted signs and would entail no additional burden on city water or sewer facilities. Enclosed please find the $30.00 filing fee together with our application for conditional use permit and site plan. It is our understanding that by filing this application on or before Tuesday, July 3rd, we will be granted a position on the July 23rd agenda. Thank you for your prompt attention to this matter. We look forward to hearing from you soon. Very truly yours, Howard E. VanBenthuysen HVB/lep Encls. July 20, 1984 Mr. Isodore Myers, Jr. 1001 Dorset Street South Burlington, Vermont 05401 Dear Mr. Myers: Be advised that you are in direct violation of the City's Zoning regulations. The so-called garage sales that you have been operating for the past six weeks is in violation of Section 19.60, Temporary Uses, which provides for garages sales. These sales are permitted to last no longer then two days or two weeks per year. This office has an application frsom Attorney Howard VanBenthuysen which indicates your desire to operate a weekend antique shop. Until this appeal is heard by the Board of Adjustment you are not permitted to operate. Your hearing is scheduled for August 13, 1984, and until that time, each day that you operate your business constitutes a separate offense. It is the opinion to this office that your continuing to operate without approval will create problems for you at the hearing. This is a formal notice for you to take corrective action re- garding this matter. If you have any questions please don't hesitate to call. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg July 16, 1984 Attorney Howard Van Benthuysen P.O. Box 925 Burlington, Vermont 05401 Re: Myers, 1001 Dorset Street Dear Attorney Van Benthuysen: Be advised that due to a error in the legal warning the above mentioned variance appeal must be rewarned for August 13, 1984. The area in question is zoned Residential 2 District and the use as proposed is prohibited, therefore requiring a use variance along with a multiple use which is conditional. Also, be advised that your clines have been operating from the Dorset Street location for four weekends, which is a direct violation of City Zoning regulations. As we discussed by telephone this date, I feel that your clients should seriously consider constructing a graveled parking area - parking in the street has caused traffic problems in the past. One final note, they should not operate until the variance has been consid If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg 3U,fiflliza- NOTICE m. SOUTH BURLINGTON ZONING BOARD OF ADJUSTAtEN'r Name, address and telephone # of applicant Isadore Myers, Jr. and Paul Liberty, 1001 Dorset Street, South Burlington, VT 05401 862-4253 Name, address of property owner Isadore Myers, Jr., 1001 Dorset Street, South Burlington, Vermont 05401 Property location and description A lot of land together with residence and barns located in the R-2 zone on the westerly side of Dorset Street, approximately 2/10th of a mile north of the Swift Street/Dorset Street intersection. I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. July 23, 1984 Hearing Date Signature of Appella Do not write below this line Paul Liberty --------------------------------------------------------------------------------------- 0 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 y.,, . . `LJM a at S-oo 0M (day of we k) (m nth and date) time—l—' to consider the following: ` Appeal of Ascvpoi �e�s , u r . end 1� CK seeking a *)"(LaV1Ce from Section '�,a� Or) Ailoy"A lJ-W-4 111 — Q-h 'R-a- `hcs-hr of tilt' South Burlington Regulations. Request is for permission to )OO..r i , A10 Shoe amain wee"s � 1 Cotluer-! ca+n e>kTh f1� ocA low 'Do r-set !S+"e7. DESAUTELS 8, BERGERON, INC. ATTORNEYS AT LAW 96 SOUTH UNION STREET P. O. BOX 925 BURLINGTON. VERMONT 05402-0925 JOHN J. BERGERON GERALD W. DESAUTELS HOWARD E. VANBENTHUYSEN SUSAN L. FOWLER Paul Liberty Isadore Myers 1001 Dorset Street So. Burlington, Vermont 05401 19 July 1984 Re: Application for Use Variance and Mutiple Use Dear Paul and Buffalo, Enclosed please find a letter I received from Dick Ward, Zoning Administrative Officer for the City of South Burlington. Please note that we have been removed from the agenda for Monday the 23rd and have been added on for Monday, August 13th. (802) 863-4577 I understand from this letter and from phone conversations with Dick Ward that he feels you continue to be in violation by holding your sale on fridays and weekends. As I mentioned to Paul on the phone yesterday, it is my legal advice that you do not continue to operate your sale in violation of City ordinances or in the absence of a conditional use variance. If you have any further questions or comments, please don't hesitate to call. Very truly yours, SIH. E. VanBENTHUYSEN Howard E. VanBenthuysen HVB/lep Encl. cc: Richard Ward SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Name, address of property owner Property location and description I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off —set the cost of the hearing. Hearing Date Signature of Appellant Do not write below _this _line ------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the'South Burlington Zoning Regulations and Chapter 117,`Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a'public hearing at the South Burlington` Municipal'Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on ; y 6 r- : l A,%i �r , !J %.- at,'�� day of week; month and date) time to consider the following: / ! Appeal of C, i seeking a ,�,,�r4,r�.. f r o m Section (� •/ U �iG�f ,•yN --�.4 of t I, o South Burlington Regulations. Roquest is for pel-Mission to Vic..-Gt.,p ,,.✓I.,/ F�� Q� �;(,-�,...ti..?' _�/--�_-c_•f..., . �� / U /� �e/l L�%�Z �--/ SOUTH BURLINGTON ZONING NOTICE In accordance with the Soutf Burs and PhW 117, rtb 4 V.S.A, of the South Burlington Zoning Board of Adpshnent will hold a pubk hearing at " South Bar- lington Offices, Can. ference Room, 573 Dorset Street, South Burlington, Vermont of Monday, August 13, 1984, al 5r00 P.M. to consider the follow- ing: 01 Appeal of Isadore Myers Jr. and 0oul Liberty seeking a vari- once, from Section 8.10, Per- mitted uses and Section 19.65 Multiple uses of the South Bur- lington Regulations. Request is for Permission to convert an existing barn into an antique shop, operating an weekends only, located at 1001 Dorset Street. 02 Appeal of John A. Van Grob- er seeking a variance, from Sec- tion 18.00, Dimensional requirements of the South Bur- lington Regulations. Request is tppeenmission to construct a 6'x28' addition to within four- teen (141 feet of the southerly side yard abuttinq a street, lo- cated at 5 Delaware Street. N3 Appeal of Elaine Greenfield seekin a variance, (rain Section 9.10, Permitted uses and Section 19.65 Multiple uses of the South Burlington Regulations. Request is for permission to operate a boording house (bed and break- fast) In connKmction with a single family dwelling, located at 47 Proctor Avenue. M4 Appeal of Burlington indoor Tennis Center seeking approval, from Section 10,20, Conditional uses, Section 19.05, Section 18.00 and Section 18.112 Height of structures of the South Burlington Regulations. Request is for permission to constnut a nursery contouring opproxi- 7Z%l 1100 square feet and physical fitness complex containing approximately 21,500 act fast at a height of forty-two (421 feet, total cov- erage exceeds the maximum a4 owed, oleo requinrung o variarK� from Section 19.184, parking and circulation exceed the maxi- mum 30% coverage of " front yord, on a let containing 4.8 aces, located at Twin Oaks Tern nis and Fitness Center, 95 Ken- nedy Drive. e5 Appeal of Francis and Pauline McCaffrey seeka variance, from Section I8.00, Dimensional requirements and Section 19.00 Non -conforming uses of the South Burlington Regulations. Re- quest is for Permission to con- struct a 12 x28' addition to within approximately rventy- seven (27) feet of the raauired front yord, at 38 Swift Street. Richard Ward, Zoning Administrative Officer July 28, 1984 July 31, 1984 Mr. Isadore Myers, Jr. 1001 Dorset Street South Burlington, Vermont 05401 Re: Zoning hearing Dear Mr. Myers: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Hall Conference Room, 575 Dorset Street on Monday, August 13, 1984 at 5:00 P.M. to consider your request for a zoning variance. Pleaee plan to attend this hearing. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg No Text