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HomeMy WebLinkAboutBATCH - Supplemental - 1580 Dorset StreetVermont Superior Court �Qec` �O Environmental Division 2418 Airport Road, Suite 1 Barre, Vermont 05641 (802) 828-1660 AUG -21012 Amanda Lafferty, Esq. Nto Stitzel, Page & Fletcher ,o 9G�` PO Box 1507 t�li� & FLET�E Burlington VT 05402 N O T I C E O F H E A R I N G July 31, 2012 Next Generation Auto Site Plan Applic. Docket No. 20-2-12 Vtec Municipal DRB Site Plan This is to notify you in connection with the above named case regarding the following: Conference Wednesday October 24, 2012 at 09:00 AM Hearing to be held at the county Courthouse at 175 Main St. Burlington. NOTE: Also enclosed is the notice for the final pre-trial conference. Enviro az7s s W n Notice sent to: Appellant, Robert Chittenden II Amanda Lafferty, Attorney for Interested Person, City of South Burlington No Text �i1 �, /l' �G, a ��.�- � 9 All zy , P, No Text STATE OF VERMONT AGENCY OF TRANSPORTATION DEPARTMENT OF MOTOR VEHICLES 120 State Street, Montpelier, Vermont 05603-0001 VERMONT INSPECTION STATION ZONING COMPLIANCE CERTIFICATION Inspection station owners must certify that they are in compliance with all local zoning regulations as they relate to their place of business. This certification is required whether the building is owned or leased. For the purposes of this certification the local zoning administrator or, in the absence thereof, the Town Clerk must indicate that the business is in compliance with all local zoning regulations. As a reference for the zoning administrator the following basic information is provided. The Official State Inspection Manual(s) state that to become and remain a licensed inspection station the building approved for inspection must, at a minimum, have space for the inspection and repair of the vehicle types to be inspected. The minimum floor space acceptable for garages to inspect pleasure cars and trucks is 25 feet of adequate floor space; motorcycles and mo-peds, 12 feet of adequate floor space; and school buses a minimum of 40 feet of adequate floor space, all with a concrete or black top floor surface. In every event except trailers the building must be of sufficient size to allow the vehicle to be inspected inside the building. I certify that Cg i �C-A,)At C1 JeIP7 %C of (Name osiss-!� 77 (Legal address) is in compliance with all local zoning regulations that govern the operation of a licensed Inspection Station at the above location. Date:'i�Cj (Prin ed n Wand title of zoning r other authorized town official) (Signature o(zoning or other authorized town official) ***************************************************************************** Statement and warrants made hFrein are certified under penalty of 23 V.S.A. § 202. Date: (Printed n , e)and title of zoning or other authorized town official) (Signature 9f'zonirig or other authorized town official) Telecommunications Relay Service =/1'DD # 1-800-253-0191 - Vermont is an Equal Opportunity Employer - STITZEL, PAGE & FLEMIER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 TELEPHONE (802 660-2555) STEVEN F. STITZEL FAX (802 660-2552) PATTI R. PAGE W W W.FIRMSPF.COM ROBERT E. FLETCHER ALAFFERTY@FIRMSPF.COM JOSEPH S. McLEAN AMANDA S. E. LAFFERTY JOHN H. KLESCH DINAL. ATWOOD DAVID W. RUGH* *(ALSO ADMITTED IN MD) March 2, 2012 Jacalyn M. Fletcher, Manager Vermont Superior Court Environmental Division 2418 Airport Road, Suite 1 Barre, VT 05641-8701 Re: Next Generation Auto Site Plan Applic Docket No. 20-2-12 Vtec Dear Jackie: Enclosed please find for filing my Entry of Appearance on behalf of the City of South Burlington in the above -referenced docket. Thank you for your attention to this matter me with any questions. Sincerely, �$V��� � ? Amanda S. E. Lafferty Enclosure CC: Robert Chittenden, Jr. Ray Belair, Administrative Officer son12-009.cor Please contact �i STATE OF VERMONT SUPERIOR COURT NEXT GENERATION AUTO SITE PLAN APPLIC ENVIRONMENTAL DIVISION DOCKET NO. 20-2-12 Vtec ENTRY OF APPEARANCE NOW COMES, AMANDA S.E. LAFFERTY, of the firm of Stitzel, Page & Fletcher, P.C., and hereby enters her appearance on behalf of the City of South Burlington in the above -referenced matter. Dated at Burlington, in the County of Chittenden and State of Vermont, this 2,0 day of March, 2012. SON12-009 ASEL EOA.lit STITZEL, PAGE & FLETCHER, P.C. ITTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 ,URLINGTON, VERMONT 05402-1507 STITZEL, PAGE & FLETCHER, P.C. Attorneys for the City of South Burlington By: Amanda S. E. Lafferty 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 (802)660-2555 rr' southburil to." PLANNING & ZONING February 28, 2012 Amanda S.E. Lafferty, Esq. Stitzel, Page & Fletcher, P.C. P.O. Box 1507 Burlington, VT 05402-1507 Re: Entering of Appearance — Next Generation Auto Docket No. 20-2-12 Vtec Dear Amanda: Please enter your appearance in the above referenced matter on behalf of the City of South Burlington. Sincere , /aymeond J. Belair MUII1111IJll QIIVG lllllCCl 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www,sburi.com February 28, 2012 Robert Chittenden, Jr. Next Generation Auto 1580 Dorset Street South Burlington, VT 05403 Re: Next Generation Auto Site Plan Application Docket No. 20-2-12 Vtec Dear Mr. Chittenden: Pursuant to Rule 5(b) (4) (A) of the Vermont Rules of Environmental Court Proceedings (also see 24 V.S.A. §4471(c)), the following is a list of "interested persons" for the above referenced proceeding. You are instructed by that Rule to serve a copy of your notice of appeal upon all people or entities listed below, by certified mail. Robert Chittenden, Sr. 1580 Dorset Street So. Burlington, VT 05403 `-jordon & Barbara Allen 1555 Dorset Street So. Burlington, VT 05403 When the Development Review Board (DRB) sent out its notice on the above reference application, the following additional people or entities were provided a copy of the DRB notice (this list does not include the persons noted above whom appeared at the DRB hearing): Tom & Nicole Chittenden 1600 Dorset Street 5,o. Burlington, VT 05403 Harris & Anne Yawney 1515 Dorset Street So. Burlington, VT 05403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Lastly, I recommend that you consult the statutory definition for "interested persons" conta'^Rd in 24 V.S.A. §4465(b). If you believe that our list is missing someone who has interested persons status in this proceeding, you should consider sending them a copy of the notice of appeal, so that you can be confident that all persons or entities who are entitled to notice have received it. If you have any questions, please feel free to contact me. Sincere , Raymond J. Belair Administrative Officer _X: Vermont Environmental Court Amanda S.E. Lafferty, Esq. VERMONT ENVIRONMENTAL COURT ---------------------------------------- City of South Burlington 575 Dorset Street South Burlington VT 05403 ---------------------------------------- Next Generation Auto Site Plan Applic. (802) 828-1660 2418 Airport Road, Ste.1 Barre, Vermont 05641 - 8701 February 17, 2012 Docket No. 20-2-12 Vtec The above -referenced appeal from a municipal panel, district commission, agency of natural resources or agency of agriculture was received at the Environmental Division on 02/16/2012. Environmental Division docket number 20-2-12 Vtec has been assigned to this appeal. Please use the Environmental Division docket number and the above case name when filing any documents or asking any questions concerning this case. Please note, this case.name may not be final if we are missing necessary information from the appellant. All documents should be filed with the Environmental Division at the address at the top of this letter. Also, if you have not provided the Environmental Division with a telephone number where you can be reached during working hours for the purpose of telephone conferences, please do so as soon as possible. The Vermont Rules for Environmental Court Proceedings (V.R.E.C.P.) set out the procedures to follow for this appeal. You may obtain a full copy of the Rules and Reporter's Notes at www.vermontjudiciary.org. 1. The person filing the appeal is called "the appellant." The appellant must take certain actions in order to assure that this appeal is not dismissed. Consult the Vermont Rules for Environmental Court Proceedings to see what those actions are. For requirements regarding the appellant's responsibility to notify interested parties, see V.R.E.C.P. 5(b)(4) for municipal appeals, (see also Form 900 available on the Court's web site at www.vermontjudiciary.org or by calling the Environmental Division at the above number and requesting that one be sent to you). 2. This case will be ready for hearing or other appropriate disposition when the time for filing the appellant's statement of questions has expired, or 20 days after the notice to interested parties has been sent, whichever occurs 'later. To complete service of appeals, the appellant must do as follows: From an Appropriate Municipal Panel, follow V.R.E.C.P. 5(b)(4)(A). The clerk of the appropriate municipal panel must provide the appellant with a list of interested persons within five working days of the municipality's receipt of a copy of the notice of appeal. February 17, 2012 -Page 2- 20-2-12 Vtec From a District Commission, District Coordinator or the Secretary of the Agency of Natural Resources, follow V.R.E.C.P. 5(b)(4)(B): Take special notice that no list of interested parties will be provided by the tribunal, other than the service list on the decision appealed from. The Environmental Division may extend that time if a request is made by written motion filed with the Environmental Division before the deadline has expired. If this case is set for a hearing on the merits, the hearing will take place in or near the county in which the case originated. Please note that pursuant to V.R.E.C.P. 5 (b)(4) (g), these appeals are de novo, unless the municipality has adopted procedures to make certain appeals on the record. 3. Faxing a copy of a document is not sufficient to meet deadlines for filing documents with the Environmental Division. Faxed copies may be authorized by the Environmental Division in certain circumstances, but the Environmental Division will not accept Faxed documents unless the sender has first telephoned the Environmental Division and obtained permission to do so or and unless the judge has authorized it in a scheduling order. 4. The person filing any document (including letters) with the Environmental Division must also send a copy of that document to each of the other parties. The Clerk of the Environmental Division will contact the parties to arrange for a pre -hearing conference in person or by telephone with a judge or with a case manager. Before the initial conference, the Appellant is requested to provide the Environmental Division with a copy of the decision being appealed from. The Environmental Division finds it useful in preparing to discuss the appeal with the parties at the initial conference. Sincerely, Jacal D' er CC: Municipality, City of South Burlington Appellant, Robert Chittenden II Vermont Superior Court: To whom it may concern, MY name is Robert Chittenden II, 1 am filing my appeal for the attatched decision. # My business name is Next Generation Automotive LLC, I am located at 1580 Dorset St. is South Burlington. My Application to the DRB was to add 5 car spaces to sell cars. I can be reached at 802-862-9000, or nextgenerationautomotive@gmail.com Sincerely, Rob Chittenden II Robert chittenden II DBA Next Generation Automotive 1580 Dorset St. So. Burlington VT, 05403 1 TO l p� ....._" 1. January 18, 2012 Re: #SP-11-45 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincey, n RaJ. Belalr Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 3958 575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101 www.sburi.com South Burlington Planning Zoning New Non -Residential Construction Impact Fees Project Completed by April 1, 2011 Project Name &Address 158o Dorset Street Property Owner I Robert Chittenden Effective Date TOTAL IMPACT FEE Value of New Construction: Tvve of Construction Type of Use Fireproofed Steel Skeleton or Reinforced Concrete SF Masonry or Concrete Bearing SF Wall Structure Wood Frame Structure SF Pre -Fab Steel Structure SF Industrial Manufacturin 66 S69 S65 64 Engineering & Research S88 S96 S93 S88 General Office S123 113 5110 S104 Medical Office S133 S71 S69 S67 General Retail S84 S54 S51 S41 Auto Service Facility 84 S81 S78 Elder Care Facility 102 S74 S72 72 Motel 7572 Sprinkler credit? (Enter 1 if yes) Total Value of New Structure: Total Value of New Structure & Contents: Current grand list value of property: Past payments credit: Post construction value of structure & land Future payments credit: Base fee: NET FIRE PROTECTION IMPACT FEE: PM Peak Hour VTEs Past payments credit: Future payments credit: OTHER CREDITS: ROAD IMPACT FEE: $0.0 $105,250 $70.52 $105,250.00 $5.26 $0.00 -$75.78 South Burlington Planning Zoning , -a► New Non -Residential Construction Impact Fees Project Completed by April 1, 2011 Project Name & Address 158o Dorset Street Property Owner Robert Chittenden Effective Date TOTAL IMPACT FEE $1,731.41 Value of New Construction: Tv -De of Construction Type of Use Fireproofed Steel Skeleton or Reinforced Concrete Masonry or Concrete SF Bearing SF Wall Structure Wood Frame Structure SF Pre -Fab Steel Structure SF Industrial/Xlanufact_uring S66 S69 S65 S64 Engineering & Research S88 96 S93 S88 General Office S123 S113 silo S104 Medical Office S133 S71 S69 S67 General Retail S84 S54 S51 S41 Auto Service Facili 84 81 78 Elder Care Facility102 74 72 72 Motel Sprinkler credit? (Enter 1 if yes) Total Value of New Structure: Total Value of New Structure & Contents: Current grand list value of property: Past payments credit: Post construction value of structure & land Future payments credit: Base fee: NET FIRE PROTECTION IMPACT FEE: PM Peak Hour VTEs Past payments credit: Future payments credit: OTHER CREDITS: ROAD IMPACT FEE: 2 $12'7.28 1 $0. $105,250 5.26 $0.001 11/03/2011 Ci,, of South Burlington Grand L—c Page 1 of 1 11:16 am Parcel Report ray For Parcel: 0570-01580. CHITTENDEN ROBERT R Name CHITTENDEN ROBERT R 1580 DORSET ST S BURLINGTON VT 05403 Location 911 1580 DORSET ST Tax Map 67-012-000 Desc. 5A ? Codes: (1) (Category)C (Equipment) (Owner)T Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 5.00 Real Land Building Equipment Inventory Values: 322,700 120,500 202,200 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 0 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 322,700 Housesite Special Exmp Grand List 0.00 0.00 3,227.00 Misc: Status: T Bill #: 51690 Updated: 06/14/2011 Last sale was: Invalid on / / for $0 recorded on 0/0 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0) : 150122000 (8) : N SPAN: 600-188-11245 l� y �e 1�v r � �T?4xt � ems\ MEMM southhkarlIngtoin PLANNING & ZONING Permit Number SP- - V5,- (office use only) APPLICATION FOR SITE PLAN REVIEW ❑ Administrative Vi5evelopment Review Board All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #): Robert Chittenden 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): Book: 687 Page: 623-626 3. APPLICANT (Name, mailing address, phone and fax #): Robert Chittenden 1580 Dorset Street, South Burlington, VT 05403, Phone: 802-862-9000, email: nextgenerationautomotive@gmail.com 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): Stephen Diglio, PE; P.O. Box 787, Williston, VT 05495, Phone: 802-383-0486 Fax: 802-383-0490 4a. CONTACT EMAIL ADDRESS:: stephend@kas-consulting.com 5. PROJECT STREET ADDRESS: 1580 Dorset Street, South Burlington, VT 05403 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 0570-01580 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 wwwshurl.Lum 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): Next Generation Automotive is seeking approval to sell up to 5 cars at the project site. The enclosed site plan has been prepared for the project site to show the location of the proposed car sales, and to provide a general depiction of the existing site use including internal traffic circulation, parking, site access, etc. b. Existing Uses on Property (including description and size of each separate use): Existing Uses at the The Cider Mill: Retail Sales and Food Establishment (Bakery/Market/Deli/gift Shop - 2,600 sf ±), Commercial Greenhouse (2180 sf ±), equipment storage and repair, food processing, auto repair, body work and service, agricultural, warehousing, storage and distribution (mixed uses occur within remaining 14,290 sf ±); Existing Uses at the Next Generation Automotive: Auto repair, body work and service. c. Proposed Uses on property (include description and size of each new use and existing uses to remain): All existing uses to remain under proposed conditions. Next Generation Auto proposes the additional use of selling up to 5 cars on -site (1,500 sf ± ) d. Total building square footage on property (proposed buildings and existing buildings to remain): All buildings on -site are existing and to remain; The Cider Mill - 19,070 sf ±, Next Generation Automotive - 3,182 sf ±, Barn - 2,020 sf ± e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): All existing buildings on -site are 40 or less in height. f. Number of residential units (if applicable, new units and existing units to remain): n/a g. Number of employees (existing and proposed, note office versus non -office employees): Next Generation Automotive has approximately 3 employees, The Cider Mill mixed commercial building has approximately 10 employees. h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): The Cider Mill is an existing mixed use commercial, manufacturing, storage, and agricultural process building with a variety of existing uses that may vary in size from season to season. This application and site plan provides a general depiction of the size for each use. However, the size of a specific use may vary through out the year given the nature of the existing businesses at the site. Site Plan Application Form. Rev. 12-2010 8. LOT COVERAGE Total Parcel Size: 218,410 ± _Sq. Ft. a. Building: Existing 11.1 % / 24,274 ± sq. ft. Proposed 11.1 % / 24,274 ± sq. I} b. Overall impervious coverage (building, parking, outside storage, etc) Existing 37.1 % / 81,074 ± sq. ft. Proposed 37.1 % / 81,074 ± sq. ft. c. Front yard (along each street) Existing 2.7 % / 5,952 ± sq. ft. Proposed 2.7 % / 5,952 ± sq. ft. d. Total area to be disturbed during construction (sq. ft.) 0.0 * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): b. Landscaping: $ 0.0 4P n n c. Other site improvements (please list with cost): 0.0 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): Existing 28± trip ends, Proposed 29± trip ends" "The proposed car sales will have a negligible effect to on -site traffic wh]Ch will result in an estimated 0 to 1 additional trip ends. 11. PEAK HOURS OF OPERATION: 8:00 am to 5:30 om 12. PEAK DAYS OF OPERATION: Monday -Friday 13. ESTIMATED PROJECT COMPLETION DATE: November/December 2011 (work will be completed immediately after site plan approval) 14. OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES' (this shall be provided on a separate attached sheet and on pre -stamped and pre - addressed envelopes. The city will add the return address). ' Not required for Administrative Site Plan Applications 3 Site Plan Application Form. Rev. 12-2010 11 15. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5)2 regular size copies and one reduced copy (1 1" x 17") of the site plan must be submitted A site plan application fee shall be paid to the City at the time of submitting the site plan application in accordance with the city's fee schedule. I hereby certify that all the information requested as part of this application has been submittcd and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT SIGNAT RE MIM5PTERTY OWNER PRIN AIVIE Do not write below this line DATE OF SUBMISSION: /)0/ REVIEW AUTHORITY: P Development Review Board ❑ Administrative Officer I have reviewed this site plan application and find it to be: L9'Com lete ❑ I m P p \ l Affministrative O ficer t Date The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. 2 Administrative site plan applications require three (3) regular size copies and one reduced copy (11" x 17") Site Plan Application Form. Rev. 12-2010 11/15/11 To whom it may concern, (the development review board, and Paul Connor) I Robert Chittenden, land owner of site plan application #SP-11-45 would like to add a few comments about the history of the Chittenden land property. The property that includes space # 54,55,56 has historically been a multi- use area. I believe that most land owners in agriculture used all of their land for different purposes. In our area there was the Economou farm, Gauthier farm, Chittenden farm, Blair farm, O'brien farm, Leduc farm, and the Auclair farm. White stone was first used in the front lot in the mid -sixties. This worked fine until the clay soil came to the top. Until the summer of 2011 our farming equipment was settling into the mud. This is very bad for the expensive tires that tractors demand. In the summer of 20111 renewed the old white stone bed that would support our equipment. In response to using some of the space to display cars for sale in this area I have no objections. Times have changed, and I feel we need to give our young business people every opportunity to succeed. I would respectfully ask the D.R.B. to grant Robert Chittenden II the amendments he is asking for. Thank you, Robert Chittenden SR. P.S.- included is a picture that will show the white stone in the mid sixties. RECEIVED Nov 10 2011 Raymond J. Belair City of So. Burlington November 8, 2011 Administrative Officer South Burlington Development Review Board 575 Dorset Street South Burlington, Vermont Dear Mr. Belair, Thank you for the notice of the DRB meeting on the request of Robert Chittenden, scheduled for next week. We will not be able to attend but would like to have our views in front of the Board for consideration. Our views have not changed since our letter of April 13, 2009, which is attached. However, we would like to add a few words to clarify our views on the issue of Rentals. We would strongly object to a rental operation which included trucks, vans, and trailers; especially those which usually carry large exterior advertising (like U-Haul, Penske, Ryder, etc.). In our opinion, this would be out of character with the neighborhood. However, we would not object to rentals of automobiles and small pick-ups, as long as the number was included in the total number of vehicles allowable on site. G/dondBarbara Allen 1555 Dorset Street South Burlington, VT 05403 Paul Conner, AICP, Director of Planning & Zoning April 13, 2009 575 Dorset Street South Burlington, Vermont Dear Mr. Conner, Unfortunately, we have another meeting scheduled for Tuesday, April 14. 2009. However, we would like to provide some input to the deliberations on the request for changes to the zoning at the 1580 Dorset Street location of the business known as NEXT GENERATION AUTOMOTIVE. We are Barbara and Gordon ALLEN and have resided at 1555 Dorset Street for more than 22 years. Our property does not abut Dorset Street, but we are located directly across from the business location under consideration. Only an empty hay lot and hedgerow separates us. Having lived in South Burlington for more than 40 years we've seen many changes, especially out here on Dorset Street where cows used to roam. We remember some of our nighttime hayrides in the fields behind the Chittenden Cider Mill — long gone into housing developments. Progress?. Perhaps in some ways. Better? Maybe; then, maybe not. We have known the CHITTENDEN family for these past years and have seen young Robert grow into an energetic businessman. We applaud his success. He has taken the time to call on us to explain his plans and desires. That was appreciated. While we understand his opportunities and desire for growth, there are some parts of his plan that we do not care for. Used Vehicle Sales: We can go along with sales of used cars and small pick-up trucks. We would like to see some sort of limit on the number of vehicles in the sales lot. Perhaps 6 to 8 would be OK. Rentals: We would not object to the rental of cars and small pick-up trucks that are in the same category as above. However, other types of rentals raises visions of Riverside Avenue, Williston Road, etc., with U- Haul, Penske, Budget, Ryder and what -have -you signs all over the place and on every rental vehicle and trailer. This seems to be a bit much and would certainly change the character of the neighborhood and we would object to this. These are our views and we would appreciate your conveying these to the Board on Tuesday evening. Gordon and Barbara Allen 1555 Dorset Street South Burlington, VT 05403 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: November 9, 2011 \drb\staffcom m ents\ 2011\ Application received: September 30, 2011 SP 11 45 1580DorsetSt Chittenden.doc ROB CHITTENDEN / NEXT GENERATION AUTO enda #7 Owner/Applicant Rob Chittenden 1580 Dorset Street South Burlinaton VT 05403 1580 DORSET STREET SITE PLAN APPLICATION #SP-11-45 Meetinq Date: November 15. 2011 Contact Person Property Information Stephen Diglio, PE, KAS Consulting Tax Parcel 0570-1580 PO Box 787 Southeast Quadrant Village Commercial District Williston, VT 05495 Location Map CITY OF SOUTH BURLIIVu TON 2 DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING PROJECT DESCRIPTION Robert Chittenden, hereafter referred to as the applicant, is requesting site plan review for: 1) a 3,182 sq. ft. auto service & repair facility, 2) a 19,070 sq. ft. mixed use building, and 3) a 2,020 sq. ft. accessory structure. The amendment consists of adding limited auto & motorcycle sales use to the property, 1580 Dorset Street. The applicant is seeking to establish an area for the display of five (5) vehicles. A zoning amendment to allow for this limited auto sales use was passed by the City Council last year and requires site plan review. The application was reviewed on November 9, 2011 and continued so that the applicant could address some of the comments of the Board. COMMENTS Director of Planning & Zoning Paul Conner and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the revised plans submitted on September 30, 2011 and have the following comments. KEY ITEMS FOR DRB CONSIDERATION: The following items have been identified by staff as being key discussion point for the DRB. Each item includes a numbered recommendation from staff. • Presence of parking and drive area along Dorset Street • Presence of curb cut entrance onto Dorset Street • Location of parking on the parcel • Screening of dumpsters • Modification of flood lights • Determination of traffic generated by the proposed use. • Consideration of proposed use of auto sales and proposed location of display area. Zoning District & Dimensional Requirements ZONING DISTRICT & DIMENSIONAL REQUIREMENTS SEQ- VC District Required- Proposed �l Min. Lot Size 40,000 SF 5.0 acres Max. Building Coverage 15% 11.1% * Max. Overall Coverage 30% 37.1 % 4 Min. Front Setback 50 ft. 32 ft. (pre-existing) J► Min. Side Setback 20 ft. 34 ft. commercial, 0 ft. agricultural structure (pre- existing) Minimum Rear Setback 30 ft. > 150 ft. Front and coverage 30% 68% CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Zoning Compliance 11 All principal buildings shown on the site plan represent pre-existing conditions on the site. No changes are proposed to any of these buildings. The site includes a combination of buildings, paved areas, and gravel areas. Some of the gravel areas appear to show historic use and occasional replacement of gravel. Other areas appear to have been recently established or refurbished, notably in the area between parking spaces #54 and 56 and the adjacent drive access way. An additional driveway entrance immediately south of the Exiting Flower Bed appears to also have been extended. See below for details and the applicant's description. SITE PLAN REVIEW STANDARDS Section 14.06 establishes the following general review standards for all site plan applications: 14.06(A) Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. Objective 10 of the Comprehensive Plan's Southeast Quadrant Chapter states: "Create a village center for the SEQ along Dorset Street south of Old Cross Road, connected to the recreation path system." The proposed application is consistent with this objective. 14.06(B) Relationship of Proposed Structures to the Site. 14.06(B)(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The applicant is proposing the addition of a five (5) vehicle display area for sales of vehicles. The site plan includes the following survey note: "The existing features shown hereon were located during field surveys conducted on September 1, 2011." Planting & Pedestrian Movements All planting and pedestrian movements on the site represent existing conditions. No changes are proposed. Buildings on site All principal buildings on the site are pre-existing. No changes are proposed to these buildings. Parking and drive areas: From use of historic aerial photos (dating from 1999, 2004, 2007, and 2008) staff has identified historic parking areas and drive areas, as evidenced by the presence of gravel and/or vehicle marks. Staff's review of these areas indicate that the majority of the gravel drive areas and parking areas as pre-existing. One area where it is unclear is the area between parking space #54 and #56 CITY OF SOUTH BURLINu TON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING (inclusive) and associated drive lane, which do not appear to be present or used on the aerial photos listed above. (This compares with the drive area running south from the auto repair building, which shows visual evidence of vehicle markings and gravel). The applicant has provided a letter indicating that these areas represent a refurbishment of farm roads and support the agricultural use of the property. The applicant has also indicated that this is a historically used area and is prepared to discuss this item with the Board. 1, Staff recommends that the DRB discuss the parking and drive -lane with the applicant. The Board should discuss whether they were pre-existing and/or qualify as agricultural support. If they are deemed to be in support of agricultural activities, the Board may discuss whether the display of vehicles in this location meets the standards for display of vehicles (see page 7 of this report). In considering this issue, the DRB should discuss overall front yard coverage, which exceeds the maximum 30% (presently 68%) allowed and which appears to have been expanded over the past 3-5 years for agricultural use. Access Management Requirements — Section 13.01 (F) Section 13.01(F) of the LDRs state that it is the intent of the city to reduce the number of required driveways, and that all applicants must make an effort to reduce the impacts of driveways. The property presently contains (3) separate curb cuts on Dorset Street, the of which is divided into three sections. The curb cut onto Dorset Street immediately south of the Existing Flower Bed appears to have been expanded to include the area south of the Existing Flower Bed over the past 3-5 years without receipt of a permit. A previously -existing entry, measuring 22' wide from the a barrier on site (delineating the auto service use from the Cider Mill) appears capable of serving the site. The applicant has indicated that this drive access was developed in support of the agricultural use of the property and is prepared to discuss the issue with the Board. 2, Staff recommends that the Board discuss this apparent expansion and its status historically or for current agricultural use, and determine whether any modifications are necessary. Parking Areas - Section 9. 10(D)(4) (a): All of the buildings are pre-existing and so standards are not applicable here. However, should the DRB wish to eliminate or relocate parking areas (see below), it may do so. Bicycle parking or storage - Section 13.01(G)(5) According to Section 13.01(G)(5) of the Land Development Regulations, a bicycle rack shall be shown on the plan. A bicycle rack is shown to the south of the existing Cider Mill building. 14.06(B)(2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (b) The Development Review Board may approve parking between a public street CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act, (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street, (iv) The lot contains one or more existing buildings that are to be reused and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, (v) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas located to the side of building(s) at the building line shall not exceed one half of the width of all buildings) located at the building line. Parking approved pursuant to 14.06(B)(2)(b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. Staff feels that the majority of the parking on site is in conformance with this section as either meeting the standards of subsection (a) or subsection (b)(iv). The presence of gravel parking areas on site makes determination of historic parking areas difficult. Staff finds evidence that all areas shown as parking on the site plan, with the exception of spaces 54, 55, and 56, were likely to have been used for parking areas. The DRB has with other projects determined that spaces dedicated to vehicles sales are not considered parking spaces. The five (5) display parking spaces shown on the plan would then not be applicable under this section. The Board should discuss whether parking spaces #54, 55, and 56 are pre-existing or not, and if not, whether these should be removed from the site plan. Staff is comfortable that sufficient parking has historically existed for on site that they would not need to be accommodated elsewhere on the site. 14.06(B)(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. All principal buildings on the site are pre-existing and no changes are proposed. 14.06(B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. No new utilities are proposed. CITY OF SOUTH BURLINvTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 14.06(C) Relationship of Structures and Site to Adjoining Area. 14.06(C)(1) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. 14.06(C)(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. All principal buildings on the site are pre-existing and no changes are proposed. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: 14.07 Specific Review Standards 14.07 (A) Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No changes to existing conditions, save those described above, are proposed on this plan. Staff feels that the reservation of land is not necessary in this instance. 14.07 B Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. No new utilities are proposed. 14.07 C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, nondumpster, non -large drum) shall not be required to be fenced or screened. All waste disposal units are shown as pre-existing on the site plan. No changes are proposed. I Staff recommends that the dumpsters on site be screened per the standard above. 14.07 D Landscaping and Screening Requirements (refers to Section 13.06) The Board has reviewed the standards of Section 13.06 regarding landscaping and has found the project to be in compliance. Of particular note: No new structures are proposed, and therefore no additional landscaping is required. Parking areas are placed throughout the site and are surrounded by green areas. Snow storage areas have been shown on the plan. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING OTHER APPLICABLE STANDARDS Section 9.10 (D) Design Standards for Non -Residential Land Uses in the SEQ-VC Sub - District With the exception of subsection 9.10(D)(4) [addressed under parking in this report], staff feels the standards these sections are not applicable as no new structures or roads are proposed. 13.05 (B) Outdoor Display. Outdoor display of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: (1) Any outdoor display shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application that clearly indicates the location of any outdoor display areas. The proposed vehicle display area is located to the southeast of the auto repair building. Staff recommends that the DRB discuss this and determine whether the vehicle display area meets the above criteria. Section 13.07 Exterior Lighting According to the Land Development Regulations, all lighting shall be shielded and downcast. The plan shows two pre-existing flood lights on the east and south side of the auto repair building. Staff recommends that the flood lights on site be modified to meet current standards of the Land Development Regulations. Section 13.26 Auto & Motorcycle Sales, Limited A. General Requirements: An auto & motorcycle service and repair business may be granted approval from the Development Review Board to display up to five (5) automobiles and/or motorcycles (combined) at one time for sale to the public, in accordance with the following requirements: B. Specific Requirements: (1) The site plan shall indicate the location of all parking spaces of vehicles for sale, not to exceed five (5) total; and, (2) No vehicles for sale may be parked in any other location on the property. The site plan shows five (5) parking spaces to be depicted by signs or painted curbing. Staff finds that the standards for this section are being met. Appendix B Traffic Generation Data and Calculation Procedures The application for Site Plan Review states, regarding p.m. trip ends to be generated by the addition of the vehicle sales use: "Existing 28 +/- trip ends, Proposed 29 +/- trip ends. The proposed car sales will have a negligible effect to on -site traffic which will result in an estimated 0 to 1 additional trip ends." ,L The Board should discuss this and determine whether the additional trip ends should be f CITY OF SOUTH BURLII\ju I UN 8 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING counted as 0 or 1, as Road Impact fees will vary based on the determination. Staff recommends that the Board address the issues related above with the applicant before any decision is rendered. Respectfully submitted, Paul Conner, AICP, Director of Planning & Zoning Page 1 of 2 Paul Conner From: Stephen Diglio [StephenD@kas-consulting.com] Sent: Thursday, November 10, 2011 9:24 AM To: Paul Conner Cc: Next Generation; Erik Sandblom Subject: FW: 1580 Dorset Street Attachments: 809110059_siteplan-rev 1. pdf Good Morning Paul, This email is to follow up on our phone conversation yesterday regarding the site plan application for 1580 Dorset Street. Attached, please find the revised site plan showing a 50' front yard setback and updated front yard coverage. The front yard coverage was revised as follows: FRONT YARD COVERAGE: EXISTING PROPOSED GRAVEL 13,220± S.F. (53.7%) 13,220± S.F. (53.7%) PAVEMENT 2,230±S.F. (8.6%) 2,230±S.F. (8.6%) BUILDING 1,315± S.F. (5.3%) 1,315± S.F. (5.3%) TOTAL 16,765± S.F. (68.0%) 16,765± S.F. (68.0%) I also spoke with Mr. Chittenden regarding the gravel road area where the cars sales parking is proposed per the site plan. Please see Mr. Chittenden's response below. I would like to add that given the properties agricultural designation and this gravel areas use as tractor and equipment storage, the landowner refurbished this area as an accepted practice per the state's Accepted Agricultural Practice Regulations (AAPR). After reviewing the South Burlington Land Development Regulations, it appears that accepted agricultural practices do not require approve from the DRB or the City of South Burlington. Please let me know if you are in agreement with this conclusion. Thank you, Stephen Diglio, PE Project Engineer KAS Inc. 368 Avenue D, Suite 15 PO Box 787 Williston, VT 05495 Ph: 802-383-0486 Fax: 802-383-0490 From: Next Generation[mailto:nextgenerationautomotive@gmail.com] Sent: Wednesday, November 09, 2011 3:10 PM To: Stephen Diglio Subject: Re: FW: Placard for 1580 Dorset Street Paul, In regards to your questions regarding the site, the property owner can verify the use of the area 11/10/2011 Page 2 of 2 as having been mixed agricultural use. (tractor and equipment storage) It was recently refurbished to accomodate the weight of the tractors, and equipment due to the clay rising. If you have any further questions in regards to this matter please feel free to contact me directly via email or phone. nextenerationautomotive(a gmail.com or 862-9000. If you need to contact the land owner please please let me know. Sincerely, Rob Chittenden On Mon, Oct 3, 2011 at 12:40 PM, Stephen Digho <StephenD&kas-consulting.com> wrote: 11/10/2011 Raymond J. Belair City of So. Burlington November 8, 2011 Administrative Officer South Burlington Development Review Board 575 Dorset Street South Burlington, Vermont Dear Mr. Belair, Thank you for the notice of the DRB meeting on the request of Robert Chittenden, scheduled for next week. We will not be able to attend but would like to have our views in front of the Board for consideration. Our views have not changed since our letter of April 13, 2009, which is attached: However, we would like to add a few words to clarify our views on the issue of Rentals_ We would strongly object to a rental operation which included trucks, vans, and trailers; especially those which usually carry large exterior advertising (like U-Haul, Penske, Ryder, etc.). In our opinion, this would be out of character with the neighborhood. However, we would not object to rentals of automobiles and small pick-ups, as long as the number was included in the total number of vehicles allowable on site. G/dondBarbara Allen 1555 Dorset Street South Burlington, VT 05403 Paul Conner, AICP, Director of Planning & Zoning 575 Dorset Street South Burlington, Vermont Dear Mr. Conner, April 13, 2009 Unfortunately, we have another meeting scheduled for Tuesday, April 14.2009. However, we would like to provide some input to the deliberations on the request for changes to the zoning at the 1580 Dorset Street location of the business known as NEXT GENERATION AUTOMOTIVE. We are Barbara and Gordon ALLEN and have resided at 1555 Dorset Street for more than 22 years. Our property does not abut Dorset Street, but we are located directly across from the business location under consideration. Only an empty hay lot and hedgerow separates us. Having lived in South Burlington for more than 40 years we've seen many changes, especially out here on Dorset Street where cows used to roam. We remember some of our nighttime hayrides in the fields behind the Chittenden Cider Mill — long gone into housing developments. Progress?. Perhaps in some ways. Better? Maybe; then, maybe not. We have known the CHITTENDEN family for these past years and have seen young Robert grow into an energetic businessman. We applaud his success. He has taken the time to call on us to explain his plans and desires. That was appreciated. While we understand his opportunities and desire for growth, there are some parts of his plan that we do not care for. Used Vehicle Sales: We can go along with sales of used cars and small pick-up trucks. We would like to see some sort of limit on the number of vehicles in the sales lot. Perhaps 6 to 8 would be OK. Rentals - We would not object to the rental of cars and small pick-up trucks that are in the same category as above. However, other types of rentals raises visions of Riverside Avenue, Williston Road, etc., with U- Haul, Penske, Budget, Ryder and what -have -you signs all over the place and on every rental vehicle and trailer. This seems to be a bit much and would certainly change the character of the neighborhood and we would object to this. These are our views and we would appreciate your conveying these to the Board on Tuesday evening. Gordon and Barbara Allen 1555 Dorset Street South Burlington, VT 05403 Bing maps — date circa 2007 Map of 1580 Dorset St, South Yr 05403 - ... Ul( 1(3 1580 dorset street 05403 Maps J Web F.1aps Videos Road - Aerial - Traffic t N�—i A k ill! PW - Page - Safety - Tools, - gFrint ©Share k Bing maps — date circa 2007 Map of 1580 Dorset St, South Sur§ngton, Vr 05403 - ... Page - Safety + TomPRIOR + " - btf g 1580 dorset street 05403 Maps Web t "arcs Videos Read + Aerial Traffic 1 APrint EShare �[ •`./ M I MAPPED OBTAINED TROM THE CITY 1 PROJECT DESCRIPTION: THE PROJECT SITE 5 CURRENTLY DEVELOPED AS THE CIDFR MILL AND NEXT GENERATION OF SOUTH BURLINGTON WEBSTTE. AUTOMO7IVE THE CIDER WILL IS AN EXISTING /9.070* SO -FT MUL71-USE COMMERCIAL BUILDING. THE CIDER MILL CURRENT USES INCLUDE BUT ARE NOT LIMITED TO. THE FOLLOWING: RETAIL FOOD ESTABUSHMEM I (BAKERY OEU)), COMMERCIAL GREENHOUSE, RETAIL SALES GIFT SHOP), MANUFACTURING, WAREHOLSING• FOOD PROCESSING. E6UIPMEHT STORAGE AND REPAIR. AUTOMOTIVE( REPAIR AND SERVICE. STORAGE AND DISTRIBUTION. NEXT GENERATION AUTOMOTIVE 6 LOCATED WITHIN AN EXISTING 3182 SO -FT ACCESSORY 1 COMMERCIAL BUILDING. AND CURRENTLY PROVIDES AUTOMOTIVE REPAIR AND SERVICE NEXT GENERATION 1 S S AUTOMOTIVE ISSEEKING APPROVAL To SELL UP TO 5 CARS ONSITE, THIS SITE PLAN HAS BEEN PREPARED TO SHOW THE LOCATION OF THE PROPOSED CAR SALES, AND TO PROVIDE A GENERAL DEPICTION OF THE EXISTING SITE USE INCLUDING INTERNAL TRAFFIC CIRCULATION. PARKING. SITE ACCESS. ETC. 2. OWNER. ROBERT T 158E DORSERSEST.T 5T. 1 �TM•r SOUTH BURLINGfON. VT 05403 VR I �• II t T iy f 3. ZONED-.VILLAGCOMMERCIALlIGCOMMERCIAL c ``� `�jy rop6K FRONTAGE 493 FTC 4 1LOT SUL 5.1) AC MNt' R jj{ xi SEiBE YARD: REQUIRED(O PROVIDED I I { \ j�'vt� � l� FRONT YARD: 20' 32't (CIDER MILL) ,1 1 I w fA4a8Ta .; &�}y Y 4' /:y 'S r; SIDE YARD: 20- 34'3 (CIDER MILL) 0• (BARN) REAR YARD: JO' 205'* (NEXT GEN.) 155'S (BARN) S�•y$o1 - '.,y MAXIMUM HEIGHT: 50' <40'* (BOTH BUILDINGS) PROJECT 3. PERCENT LOT COVERAGE: TOTAL LOT- 218,410* S.F. (5,01 ACRE EXISTING PRO I -4y /�' laps ' t 1 tj \,, .Fa "„ "��• ; BUILDINGS 24,274* S.F. (11.IX) 24,274* S.F. (11.IX) GRAVEL x.`AO* S.F. (250X) 54,500* S.F. (25.0f0 TrL6 PAVEMENT 2.3002 S.F. (1,1X) 2.3003 S.F. (1.1%) t ` p� 1 \ I B TOTAL 81,074* S.F. (37.1X) 81,074* S.F. (37,1X) ' EX. 24' Ili G6YLRT 3p01KY - } FRONT YARD COVERAGE: DNb/6M 1 I j 1 EXbTNG PROPOSED GRAVEL 13.2203 SF. (53.7X) 13.220* SF. (53.7X) EMY . { �I, •'p PAVEMENT 2.230* S.F. (8.6X) 2,2J03 S.F. (6.6X) ,gyp.. \ { / `.. �' } I BUILDING 1.315* S.F. (5.3X) 1,313* S.F. (5.3X) 1 S f_ .j'T .'' y� ......�� `� WETLAND BOUNDARY / I TOTAL 15,785* SF. (6BWT) 16.765* S.F. (6eAR) •`� I / '� j ("" � \ 1 4. EXISTING CONDITIONS PARKING SPACE REOUR13AENM: R7lM �'. I CUllpld B•. P1 NEXT GENERATION ROYOTIUF- AN AUTO VINO MOTORCYCLE SALES. SERVICE.D REPAIR - 2 PER 1.00E SF GFA ' } '. GTO /M 3T9R* „. • - �: I ', t ... ,...."� � p SPACES REOURED - (3,181 SF / 1.00E 5F) • 2 - 6.4 - 7 SPACES I � THE CIDER Yll RETAIL SALES - 4 PER 1,00E SF OFA (2,375 SF TOTAL AREA) SPACES REOURED - (2,375 SF / 1.000 SF) • 4 - 2.5 • 10 SPACES RETAIL FOOD ESTABLISHMENT - 6.7 PER 100E SF GFA (225 SF TTTAL AREA) SPACES REQUIRED - (225 SF 1.00E 5 • 6.7 - 1.5 - 2 SPACES .lJ -6 T'W I G 7 / • 1 .\ I COMMERCIAL GREENHOUSE - 2 PER 100E SF GFA (2.161 TOTAL WAR gUSISIREQUIRED G RPPRROCE(2,181 S, STORAGE AND DISTRIBUTION - 0.5 PER 1.000 SF GFA (14,291 SF TOTAL AREA) RED - 1 �� TIE - ... .... .. ... TOTAL PREOl11REDACES 05PACES �1320E 4,2D1 SF / 1,0SF) • 0.5 - 7.1 - 8 SPACES ....... ...... `\ / TOTAL AVAILABLE PARKING SPACES - 56* elAP81ER LLyy '� 71g11,610Rt6C`� } °, I -THE SITE BAG LAYOUT SHOWN ON MK SITE PLAN B AN PARKING NTNT DEPICTIONTRAFFIC OF THE PARKING AVAILABLE AT q. GARAGE DOOR `" �. i .. i ^"' 1 AND PROPOSED OR SALES,THAT ADEOWTE ONSRE PARKNG AND ACCESS S AVAILABLE FOR THE EXISTING US u \ ASED ON EXISTING ON THIS SITE RAN IS TO SHOWN 5� TED ES 5 PM PEN( HOUR TRAFFIC GENERATION ESTIMATES: fltp1 Old � R�� �' �EK gIIDDOR W:1P PARItMe 40N' .. • \ ` '! �^' 9FA AREA .•.... --1 --•..-..-- EXISTING CONDITIONS: AUTO MD MOTORCYCLE F ' .,.,yRS, .:,' ',' / ` .. . •, �•T , � TRW ENDS -O (3�1E7 SF / 1,000' 1.43 4.5 5 TRIP ENDS PER I.DDO SF G A ORW6�... • �..--•.......'.- � •.-.....' `,. ....' .. �� TIE CIOEA PILL AND REPAIR - l.0 J'. ) RETAIL SALES - 5.02 PER 1 EJ4aAIp ILMq ! .. •"" . ,� .^�^- .,, I .. TRIP ENDS - (2,375 SF 1.000 SF GFA 5.02 (2,375 - 11.92 -AL 12 TRIP ENDS T/ISCpa•A4a 11 U. ROWN WT/"• ,r ,,•• � RETAIL FOOD ESTABLISH4ENT - 5.022 PER 1000 SF GFA (225 SF TOTAL AREA) 171 M. I AA*cu .. M' 1 I101HT / \ ��„ u TRIP EIADS - (225 SF / 1,000 SF) • 5.02 - 1.13 - 2 TRIP ENDS COMMERCIAL GREENHOUSE - 0 PER 1000 SF GFA (2, 181 TOTAL AREA) f ' ttd I \ ii` TRW ENDS - (PROC SF /NT�E AND DISTRIBUTION I - 0 I 0 TARP ENDS ,:. / .', / .. I (i WARE NC PTRIP ENDS - 4191 1,00E S O o.elsfRlBUTgB7 0.51 �PERIP ED1 POO SF GFA (14291 TOTAL AREA) ... II . } j DS TOTAL EXISTING CONDRENDS PM PEAK YOUR TRIP 05 - 28 TRIP ENDS j,"t \. ( f %, TOTAL A1DMA&E TRIP ENDS - N/A (NOT IN A TRAFFIC OVERLAY DISTRICT.) CUE101t7t 1td �, i'I• ` PROPOSED CONDITIONS BL p1X� ``••'� ALL EXISTING USES ARE TO REMAIN UNDER PROPOSED CONDITIONS - 211 TRIP ENDS CAR SAES - 0.96 PER 1 CAR SALES EMPLOYEE „ I ` j TRW DUDS - 1 EMPLOYEE X 0.95 - 0.96 - 1 TRIP END / /' 6 TIN',:,..f '• Y 1 TOTAL PROPOSED CONDITIONS PM PEAK HOAR TRW ENDS - 29 TRIP ENDS J = ONIAOE Ixim ,� \ v I' •TRIP ENDS ESTIMATE UTILIZING THE LLE 7tA EDTIXXI TRAFFIC GENERATION MANUAL 6 HOURS OF OPERATIONS: A iI THE Y91 MARKETRATION AND DEU: , - FlRI: R:00 D - 5 PM SALT -SUN: 6:00 AM - 7:00 PM 1 � NEXT GENERATION AAOMOINE: NON - FRI B:OD AY - S:JO PM �yL 1 ..1 y 6 4 ♦ p ('] y � :. `Y`w; I I 11i 7. ONSTIE FISTING WATER SUPPLY AND WASTEWATER DISPOSAL TO REMAIN. i PNIWq 61fL1( \ 1 . I fl, XIIIO TREE ,�. .•. � � I ! SIIREVEY NOTES (SURVEY 8Y BURIN PROFESSIONAL LARD SURVEYORS.) \ }t G ;. ®' TIA.RoAFI.T.IIaoAu+ R► `•..` �.... T) Nam aNnlatian Is 6a,s0 m r IPah RTx (RaaJ 7An. KMMnRHc) cPs oD.wrnaN maea PD seWsmDw vDrAE 1", £j • ,. 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UJ LWL ''r^ vJ Z J�� O N8�Li. aIm ZV-9'W = co Z CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD \d rb\staffcom m ents\ 2011 \ SP 11 45 1580DorsetSt Chittenden.doc nda #7 DEPARTMENT OF PLANNING & ZONING Report preparation date: November 9, 2011 Application received: September 30, 2011 ROB CHITTENDEN / NEXT GENERATION AUTO Owner/Applicant Rob Chittenden 1580 Dorset Street South Burlinaton VT 05403 1580 DORSET STREET SITE PLAN APPLICATION #SP-11-45 Meetina Date: November 15. 2011 Contact Person Property Information Stephen Diglio, PE, KAS Consulting Tax Parcel 0570-1580 PO Box 787 Southeast Quadrant Village Commercial District Williston, VT 05495 Location Map CITY OF SOUTH BURLIM ON 2 DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING Robert Chittenden, hereafter referred to as the applicant, is requesting site plan review for: 1) a 3,182 sq. ft. auto service & repair facility, 2) a 19,070 sq. ft. mixed use building, and 3) a 2,020 sq. ft. accessory structure. The amendment consists of adding limited auto & motorcycle sales use to the property, 1580 Dorset Street. The applicant is seeking to establish an area for the display of five (5) vehicles. A zoning amendment to allow for this limited auto sales use was passed by the City Council last year and requires site plan review. The application was reviewed on November 9, 2011 and continued so that the applicant could address some of the comments of the Board. Director of Planning & Zoning Paul Conner and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the revised plans submitted on September 30, 2011 and have the following comments. The following ul11s have been IdenUlled by staff as being key discussion point for the DRB. Each item includes a numbered recommendation from staff. • Presence of parking and drive area along Dorset Street • Presence of curb cut entrance onto Dorset Street • Location of parking on the parcel • Screening of dumpsters • Modification of flood lights • Determination of traffic generated by the proposed use. • Consideration of proposed use of auto sales and proposed location of display area. Zoning District & Dimensional Requirements ZONING DISTRICT & DIMENSIONAL REQUIREMENTS SEQ- VC'District„ a Required Proposed Min. Lot Size 40,000 SF 5.0 acres Max. Building Coverage 15% 11.1 % * Max. Overall Coverage 30% 37.1 % Min. Front Setback 50 ft. 32 ft. (pre-existing) Min. Side Setback 20 ft. 34 ft. commercial, 0 ft. agricultural structure (pre- existing) �l Minimum Rear Setback 30 ft. > 150 ft. * Front yard coverage 30% 68% CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING �1 Zoning Compliance �► All principal buildings shown on the site plan represent pre-existing conditions on the site. No changes are proposed to any of these buildings. The site includes a combination of buildings, paved areas, and gravel areas. Some of the gravel areas appear to show historic use and occasional replacement of gravel. Other areas appear to have been recently established or refurbished, notably in the area between parking spaces #54 and 56 and the adjacent drive access way. An additional driveway entrance immediately south of the Exiting Flower Bed appears to also have been extended. See below for details and the applicant's description. SITE PLAN REVIEW STANDARDS Section 14.06 establishes the following general review standards for all site plan applications: 14.06(A) Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. Objective 10 of the Comprehensive Plan's Southeast Quadrant Chapter states: "Create a village center for the SEQ along Dorset Street south of Old Cross Road, connected to the recreation path system." The proposed application is consistent with this objective. 14.06(B) Relationship of Proposed Structures to the Site. 14.06(B)(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The applicant is proposing the addition of a five (5) vehicle display area for sales of vehicles. The site plan includes the following survey note: "The existing features shown hereon were located during field surveys conducted on September 1, 2011." Planting & Pedestrian Movements All planting and pedestrian movements on the site represent existing conditions. No changes are proposed. Buildings on site All principal buildings on the site are pre-existing. No changes are proposed to these buildings. Parking and drive areas: From use of historic aerial photos (dating from 1999, 2004, 2007, and 2008) staff has identified historic parking areas and drive areas, as evidenced by the presence of gravel and/or vehicle marks. Staffs review of these areas indicate that the majority of the gravel drive areas and parking areas as pre-existing. One area where it is unclear is the area between parking space #54 and #56 CITY OF SOUTH BURLIN ON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING (inclusive) and associated drive lane, which do not appear to be present or used on the aerial photos listed above. (This compares with the drive area running south from the auto repair building, which shows visual evidence of vehicle markings and gravel). The applicant has provided a letter indicating that these areas represent a refurbishment of farm roads and support the agricultural use of the property. The applicant has also indicated that this is a historically used area and is prepared to discuss this item with the Board. 1, Staff recommends that the DRB discuss the parking and drive -lane with the applicant. The Board should discuss whether they were pre-existing and/or qualify as agricultural support. If they are deemed to be in support of agricultural activities, the Board may discuss whether the display of vehicles in this location meets the standards for display of vehicles (see page 7 of this report). In considering this issue, the DRB should discuss overall front yard coverage, which exceeds the maximum 30% (presently 6891o) allowed and which appears to have been expanded over the past 3-5 years for agricultural use. Access Management Requirements — Section 13.01 (F) Section 13.01(F) of the LDRs state that it is the intent of the city to reduce the number of required driveways, and that all applicants must make an effort to reduce the impacts of driveways. The property presently contains (3) separate curb cuts on Dorset Street, the of which is divided into three sections. The curb cut onto Dorset Street immediately south of the Existing Flower Bed appears to have been expanded to include the area south of the Existing Flower Bed over the past 3-5 years without receipt of a permit. A previously -existing entry, measuring 22' wide from the a barrier on site (delineating the auto service use from the Cider Mill) appears capable of serving the site. The applicant has indicated that this drive access was developed in support of the agricultural use of the property and is prepared to discuss the issue with the Board. 2, Staff recommends that the Board discuss this apparent expansion and its status historically or for current agricultural use, and determine whether any modifications are necessary. Parking Areas - Section 9.10(D)(4)(a): All of the buildings are pre-existing and so standards are not applicable here. However, should the DRB wish to eliminate or relocate parking areas (see below), it may do so. Bicycle parking or storage - Section 13.01(G)(5) According to Section 13.01(G)(5) of the Land Development Regulations, a bicycle rack shall be shown on the plan. A bicycle rack is shown to the south of the existing Cider Mill building. 14.06(B)(2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (b) The Development Review Board may approve parking between a public street CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING and one or more buildings if the Board finds that one or more of the following criteria are met The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (h) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be reused and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, (v) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas located to the side of building(s) at the building line shall not exceed one half of the width of all buildings) located at the building line. Parking approved pursuant to 14.06(B)(2)(b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the buildings) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. Staff feels that the majority of the parking on site is in conformance with this section as either meeting the standards of subsection (a) or subsection (b)(iv). The presence of gravel parking areas on site makes determination of historic parking areas difficult. Staff finds evidence that all areas shown as parking on the site plan, with the exception of spaces 54, 55, and 56, were likely to have been used for parking areas. The DRB has with other projects determined that spaces dedicated to vehicles sales are not considered parking spaces. The five (5) display parking spaces shown on the plan would then not be applicable under this section. The Board should discuss whether parking spaces #54, 55, and 56 are pre-existing or not, and if not, whether these should be removed from the site plan. Staff is comfortable that sufficient parking has historically existed for on site that they would not need to be accommodated elsewhere on the site. 14.06(B)(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. All principal buildings on the site are pre-existing and no changes are proposed. 14.06(B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. No new utilities are proposed. CITY OF SOUTH BURLM .'ON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 14.06(C) Relationship of Structures and Site to Adjoining Area. 14.06(C)(1) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. 14.06(C)(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. All principal buildings on the site are pre-existing and no changes are proposed. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: 14.07 Specific Review Standards 14.07 (A) Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No changes to existing conditions, save those described above, are proposed on this plan. Staff feels that the reservation of land is not necessary in this instance. 14.07 B Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. No new utilities are proposed. 14.07 C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, nondumpster, non -large drum) shall not be required to be fenced or screened. All waste disposal units are shown as pre-existing on the site plan. No changes are proposed. I Staff recommends that the dumpsters on site be screened per the standard above. 14.07 D Landscaping and Screening Requirements (refers to Section 13.06) The Board has reviewed the standards of Section 13.06 regarding landscaping and has found the project to be in compliance. Of particular note: No new structures are proposed, and therefore no additional landscaping is required. Parking areas are placed throughout the site and are surrounded by green areas. Snow storage areas have been shown on the plan. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING OTHER APPLICABLE STANDARDS Section 9.10 (D) Design Standards for Non -Residential Land Uses in the SEQ-VC Sub - District With the exception of subsection 9.10(D)(4) [addressed under parking in this report], staff feels the standards these sections are not applicable as no new structures or roads are proposed. 13.05 (B) Outdoor Display. Outdoor display of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: (1) Any outdoor display shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application that clearly indicates the location of any outdoor display areas. The proposed vehicle display area is located to the southeast of the auto repair building. Staff recommends that the DRB discuss this and determine whether the vehicle display area meets the above criteria. Section 13.07 Exterior Lighting According to the Land Development Regulations, all lighting shall be shielded and downcast. The plan shows two pre-existing flood lights on the east and south side of the auto repair building. Staff recommends that the flood lights on site be modified to meet current standards of the Land Development Regulations. Section 13.26 Auto & Motorcycle Sales, Limited A. General Requirements: An auto & motorcycle service and repair business may be granted approval from the Development Review Board to display up to five (5) automobiles and/or motorcycles (combined) at one time for sale to the public, in accordance with the following requirements: B. Specific Requirements: (1) The site plan shall indicate the location of all parking spaces of vehicles for sale, not to exceed five (5) total; and, (2) No vehicles for sale may be parked in any other location on the property. The site plan shows five (5) parking spaces to be depicted by signs or painted curbing. Staff finds that the standards for this section are being met. Appendix B Traffic Generation Data and Calculation Procedures The application for Site Plan Review states, regarding p.m. trip ends to be generated by the addition of the vehicle sales use: "Existing 28 +/- trip ends, Proposed 29 +/- trip ends. The proposed car sales will have a negligible effect to on -site traffic which will result in an estimated 0 to 1 additional trip ends." L The Board should discuss this and determine whether the additional trip ends should be CITY OF SOUTH BURLIN ON 8 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING counted as 0 or 1, as Road Impact fees will vary based on the determination. Staff recommends that the Board address the issues related above with the applicant before any decision is rendered. Respectfully submitted , P I Conner, AICP, birector of Planning & Zoning Page 1 of 2 Paul Conner From: Stephen Diglio [StephenD@kas-consuIting.com) Sent: Thursday, November 10, 2011 9:24 AM To: Paul Conner Cc: Next Generation; Erik Sandblom Subject: FW: 1580 Dorset Street Attachments: 809110059_siteplan-reel . pdf Good Morning Paul, This email is to follow up on our phone conversation yesterday regarding the site plan application for 1580 Dorset Street. Attached, please find the revised site plan showing a 50' front yard setback and updated front yard coverage. The front yard coverage was revised as follows: FRONT YARD COVERAGE: GRAVEL PAVEMENT BUILDING TOTAL EXISTING 13,220± S.F. (53.7%) 2,230± S.F. (8.6%) 1,315± S.F. (5.3%) 16,765± S.F. (68.0%) PROPOSED 13,220± S.F. (53.7%) 2,230± S.F. (8.6%) 1,315± S.F. (5.3%) 16,765± S.F. (68.0%) I also spoke with Mr. Chittenden regarding the gravel road area where the cars sales parking is proposed per the site plan. Please see Mr. Chittenden's response below. I would like to add that given the properties agricultural designation and this gravel areas use as tractor and equipment storage, the landowner refurbished this area as an accepted practice per the state's Accepted Agricultural Practice Regulations (AAPR). After reviewing the South Burlington Land Development Regulations, it appears that accepted agricultural practices do not require approve from the DRB or the City of South Burlington. Please let me know if you are in agreement with this conclusion. Thank you, Stephen Diglio, PE Project Engineer KAS Inc. 368 Avenue D, Suite 15 PO Box 787 Williston, VT 05495 Ph: 802-383-0486 Fax: 802-383-0490 From: Next Generation [ma iIto: nextgenerationautomotive@gmail.com] Sent: Wednesday, November 09, 2011 3:10 PM To: Stephen Diglio Subject: Re: FW: Placard for 1580 Dorset Street Paul, In regards to your questions regarding the site, the property owner can verify the use of the area 11/10/2011 Page 2 of 2 as having been mixed agricultural use. (tractor and equipment storage) It was recently refurbished to accomodate the weight of the tractors, and equipment due to the clay rising. If you have any further questions in regards to this matter please feel free to contact me directly via email or phone. nextgenerationautomotive(cr�mail.com or 862-9000. If you need to contact the land owner please please let me know. Sincerely, Rob Chittenden On Mon, Oct 3, 2011 at 12:40 PM, Stephen Diglio <StephenD(a�kas-consulting coin> wrote: 11/10/2011 Bing maps — date circa 2007 RECEIVED NOV 10 2011 Raymond J. Belair City of So. Burlington November 8, 2011 Administrative Officer South Burlington Development Review Board 575 Dorset Street South Burlington, Vermont Dear Mr. Belair, Thank you for the notice of the DRB meeting on the request of Robert Chittenden, scheduled for next week. We will not be able to attend but would like to have our views in front of the Board for consideration. Our views have not changed since our letter of April 13, 2009, which is attached: However, we would like to add a few words to clarify our views on the issue of Rentals. We would strongly object to a rental operation which included trucks, vans, and trailers; especially those which usually carry large exterior advertising (like U-Haul, Penske, Ryder, etc.). In our opinion, this would be out of character with the neighborhood. However, we would not object to rentals of automobiles and small pick-ups, as long as the number was included in the total number of vehicles allowable on site. G/dondBarbara Allen 1555 Dorset Street South Burlington, VT 05403 Paul Conner, AiCP, Director of Planning & Zoning April 13, 2009 575 Dorset Street South Burlington, Vermont Dear Mr. Conner, Unfortunately, we have another meeting scheduled for Tuesday, April 14.2009. However, we would like to provide some input to the deliberations on the request for changes to the zoning at the 1580 Dorset Street location of the business known as NEXT GENERATION AUTOMOTIVE. We are Barbara and Gordon ALLEN and have resided at 1555 Dorset Street for more than 22 years. Our property does not abut Dorset Street, but we are located directly across from the business location under consideration. Only an empty hay lot and hedgerow separates us. Having lived in South Burlington for more than 40 years we've seen many changes, especially out here on Dorset Street where cows used to roam. We remember some of our nighttime hayrides in the fields behind the Chittenden Cider Mill — long gone into housing developments. Progress?. Perhaps in some ways. Better? Maybe; then, maybe not. We have known the CHITTENDEN family for these past years and have seen young Robert grow into an energetic businessman. We applaud his success. He has taken the time to call on us to explain his plans and desires. That was appreciated. While we understand his opportunities and desire for growth, there are some parts of his plan that we do not care for. Used Vehicle Sales: We can go along with sales of used cars and small pick-up trucks. We would like to see some sort of limit on the number of vehicles in the sales lot. Perhaps 6 to 8 would be OK. Rentals: We would not object to the rental of cars and small pick-up trucks that are in the same category as above. However, other types of rentals raises visions of Riverside Avenue, Williston Road, etc., with U- Haui, Penske, Budget, Ryder and what -have -you signs all over the place and on every rental vehicle and trailer. This seems to be a bit much and would certainly change the character of the neighborhood and we would object to this. These are our views and we would appreciate your conveying these to the Board on Tuesday evening. Gordon and Barbara Allen 1555 Dorset Street South Burlington, VT 05403 Map of 1580 Dorset St South Burlington, VT 05403 - Bing Maps - Windows Internet Explorer bing.ccm File Edit View Favorites Tools Help 4�convert - n'select ---------- Favorites y Freshwater Wetlands Per e ':Veb Slice Gallery Map of 1580 Dorset St, South Burlington, VT 0540 iiLNews Maps More I MSN Hotmail 1580 dorset street, South burfington, vt 01� Maps V%feb Maps *Directions *My places N Map apps Bird's eye Traffic get directions driving, walking, transit view traffic current traffic view businesses restaurants, bars, rioters, more explore map apps gas prices, parking finder, taxi fare calculator, more U APiint OShare Id +x720111 Microsoft' R;r.'acy I Legal I Adve•-�-, - siness solutions About our ads I Help l Tell us what you lhinr. -------- ---------- ---- Internet I Protected Mode Off 100 % REQUESTED BIKE PATH EASEMENT cmn INEXT GENERATION AUTOMOTIVE / THE CIDER MILL SITE PLAN 1580 DORSET STREET SOUTH BURLINGTON, VT 05403 rx low I ill 1 19 1 Ag ;.441 r—t PIP Age S sl gin "R j I gau u j IM Swpp iL Nq All C) r%l mmummmomp P.O. BOX 787, WILLISTON, VT, 05495 WWW.KAS—CONSULTING.COM n�u� PO Box 787 ICASA 368Avenue D www.kas-consulting.com Suite 15 ENVIRONMENTAL & GEOLOGICAL Williston, VT05495 CONSULTING Ph. 802.383.0486 Fax 802.383.0490 December 6, 2011 Mr. Ray Belair (Administrative Officer) South Burlington Planning and Zoning 575 Dorset Street South Burlington, VI' 05403 RE: Recreation Path Committee .Easement Recommendation for the Cider Mill / Next Generation Auto Site Plan Dear Mr. Belair: This purpose of this letter is to present an argument against the following recommendation made by the Recreation Bike Path Committee at their meeting last night (December 5, 2011): The Recreation Bike Path Committee suggests that the City seek a] 0' (ten, foot) recreation easement across the property bordering Dorset Street, from the endpoint of the City ROW. The above recommendation is a technically unfeasible request given the existing development at the site. A 10' foot easement across the property along Dorset Street would remove approximately 8 existing parking spaces and would require a complete redevelopment of the property in front of the Cider Mill. Consequently, this easement recommendation unfairly burdens the applicant, the property owner, and the existing businesses at the property. Please refer the enclosed Easement Map for additional information. As a reminder, the applicant's site plan application seeks only to add limited automotive and motorcycle sales as a use on the property. The corresponding site plan submitted is a depiction of the existing property use, parking, and traffic circulation. The site plan illustrates that there is adequate parking and traffic circulation available onsite with the addition of 5 car sales spaces. With the exception of a few minor additions (i.e. handicap parking signs, dumpster screening, etc.), no changes are proposed to the existing development at the site. The easement request is disproportionately unfair to the applicant given the implications to the existing site development, and resultant possible loss of business to the Mill Market and Deli due to the loss of 8 parking spaces in front of the store. Additionally, an existing bike path is located east of the property (please see enclosed map from Bing.corn). Consequently, a request for a 10' bike path easement should be reserved for a. future time if a major redevelopment of the site is proposed so that these technical issues can be properly addressed. l jmSAt Mr. Belair ®December 6, 2011 Page 2 Thank you for your consideration in this matter. Should you have any questions, or require additional information please do not hesitate to call us at (802) 383- 0486. Sincerely, Stephen Diglio, PE Project Engineer Enclosures cc: 8091 10059 KAS Project File, Mr. Rob Chittenden J J + a PO Box 787 NASA 368 Avenue D www.kas-consulting.com Suite 15 ENVIRONMENTAL & GEOLOGICAL Williston, VT 05495 CONSULTING Ph. 802.383.0486 Fax 802.383.0490 November 22, 2011 Mr. Ray Belair (Administrative Officer) South Burlington Planning and Zoning 575 Dorset Street South Burlington, VT 05403 6 NOV 2 2 2011 City of So. Burlington RE: Next Generation Auto Revised Site Plan and Key Items for DRB Consideration Dear Mr. Belair: This purpose of this letter is to discuss the revisions to the Next Generation Auto and key items for DRB consideration. The key items for DRB consideration were presented in DRB notes by Mr. Paul Conner for the November 15, 2011 meeting. Below, please find DRB Key Item in italics and followed by KAS' response. 1. Presence of parking and drive area along Dorset Street. This item is in regards to the gravel area south of the flower bed that appeared to be an expansion of impervious area within the front yard setback. Per the property owner's letter and photograph, the area in question has historically had gravel and was refurbished to support agricultural equipment due to the rise of clay soils in the area. The original site plan proposed to locate 3 parking spaces and 5 car sales spaces within this area. However, after receiving feedback from the DRB, the site plan has been revised to remove the parking spaces, and relocate the 5 car sale spaces outside of the front yard setback. The refurbished gravel area will remain as support for onsite agricultural practices. 2. Presence of curb cut entrance onto Dorset Street. This item is in regards to the driveway access south of the flower bed that provides access for agricultural equipment to the refurbished gravel area. A moveable traffic barrier has been added to the revised site plan for access management to restrict vehicle access south of the flower bed to agricultural equipment. 3. Location of parking on the parcel The revised site plan provides 36 parking spaces across the site in the location of historic parking areas. The site plan parking is adequate to support existing and proposed uses, as there are currently no onsite parking issues. The revised site plan also includes various storage areas. � Mr. Belair -� KA�+�.,� November 22, 2011 Page 2 The storage area west (in front) of Next Generation Auto is intended for storage of cars and equipment that are actively under repair and waiting parts, shop time, etc. The storage areas adjacent to Next Generation Auto (north and east) are intended for longer term repair projects, and are screened by the buildings onsite. The mixed use property owner storage area east of Next Generation Auto is currently utilized for agricultural, commercial and personal purposes with a majority dedicated for agricultural use. The use of this area is proposed to remain unchanged. 4. Screening of Dumpsters The revised site plan provides adequate fencing around the dumpsters for screening. 5. Modification offlood lights The revised site plan proposes that the flood lights be modified with shielded downcast lighting. 6. Determination of traffic generated by the proposed use The determination of proposed traffic use was estimated utilizing the I.T.E 7th Edition Traffic Generation Manual. However, the added proposed use of limited auto and motorcycle sale is difficult to match up to the studies contained within the I.T.E Manual. The studies within the manual were conducted on car dealerships. The best match for the proposed site conditions was utilizing studies of trips ends based on car sales employees. The result was a 1 trip end increase for the peak hour based on 1 employee dedicated for car sales. This estimated traffic increase is approximate and considered to have a negligible impact. Should you have any questions, or require additional information please do not hesitate to call us at (802) 383-0486. Sincerely, 126L A�-W Stephen Diglio, PE Project Engineer Enclosures cc: 809110059 KAS Project File, Mr. Rob Chittenden 6) ROYAL & ROBERT CHITTENDEN - 1580 DORSET STREET Area zoned South East Quadrant. Section 6.10 allows agriculture, horticulture, existing uses. Section 6.20 Conditional uses, subsection 6.207 Accessory residential units (Provisions of Section 26.05 applies). Section 26.65 Multiple uses "more than one use per structure" conditional use. Proposed use, convert storage area, second floor in a residential unit containing approximately 1160 square feet in conjunction with existing use d.b.a. Chittenden Cider Mill. Variance granted August 21, 1978 permission to construct 11,000 square foot to existing structure. Cl-h ttenden Farms Robert Chittenden 1580_Dorset-Street Area zoned A-R District Section 13.00 Non -conforming uses & structures Use non -conforming - structure non -conforming to dimensional require- ment - required set -back 75' - ,listing 15 ft. -proposal 30 ft. Propose to remove approximately 4,585 sq. ft. and reconstruct approximately 9,000 sq. ft. F.M.V. - Building $16,694 Land _ 19,606 $36,300 ',ddition will exceed 25 - estinatee cost $120, 000 125,000 ADMINISTRATIVE CHECKLIST PROJECT NAME/FILE REFERENCE CHITTENDEN SITE PLAN REVIEW 1. LETTER OF NOTIFICATION & APPROVAL MOTION OR FINDINGS & ORDER 2. BONDING OR ESCROW AGREU-1ENTS LANDSCAPING 5=.: TIE--` • RW--DS CtiRBS S lD .;A-LKS (NOTE ALL RFI,E ASES OR AGREEiENT REVISIONS) 3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTED & SIT INSPECTIONS COMPLETED, ETC.: 4. UTILITY EASOMENTS *, BILLS OF SALE RECORDED ACCEPTED 5. CERTIFICATE OF TITLE x 6. ROAD-;VAYS DEEDS FOR CITY STREETS ACCEPTED PRIVATE ROAD & WAIVER AGREEMENT x ,SITE �(�►.� 7. FINAL PLAT OR RECORD COPY - STAMPED... SIGNED, & FILED OR RECORDED B. PEDESTRIAN E.NSEMENTS ACCEPTED & RECORDED FILED 9. MISCELL NDOUS AGRE'-ti1ENTS LAZFD FOR ROAD WIDENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SY=BRED ACCESS POINTS OTHER J. C I OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LIIJES L. F S - PALD/DATE Ti or I11G B'JILDG PE- R,'•IIT �':G I': =�R I►:G I:: SP . (RICO-,D C-LCiJL=.TIO` S =AND D POSIT i!; ACCOU::T) i , e . , "Gi: LI:: �" ��%::z •J ;TIG::: SCI:OOL 'r"IDS CAR COU::TS Date Received by } Date►pplicat h Complete✓ and Received BY By CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIEW 1) NAME, ADDRESS, AND PHONE NU 4BM, OF: (a) Owner of Record (b) Applicant 2) PROJECT STREET ADDRESS 3) P:,OPOSM USE it -M ►— 4) SIZE OF PROJECT (i.e., of units, floor area, etc.) 5) NUMBER OF 3,IPLOYEES (full & part time) - 6) COST ESTIMATES: (a) Buildings (b) Landscaping O (c) All Other Site Improvements (i.e., curb work) - 7) ESTD-LATER PROJECT COI-;PLETION DATE 8) ESTIMATM AVERAGE DAILY TRAFFIC (in & out) p 9) P?C HOUR (S) OF OPERATION Z G� 10) P -=- -K DAYS OF OP E2AT ION DATE SIGNATURE OF APPLICANT Memorandum Next Meeting' J,genda Items 10/20/78 Page 2 These revisions apply to Phase Commission review shall be required anticipated for subsequent phases. I (80 units) only; Planning for the similar revisions The developer's plans have been reviewed by the Fire Chief, City Manager, and myself. The vast majority of changes we have suggested are minor engineering details. The more substantive issues include school impact, improved parking lot and shelters layout, and expiration of Phase I approval and proposed phasing schedule. I am satisfied that these matters will be fully re- solved at or before Tuesdays meeting. #6 Ch�itt.enden Cider Mill Additional An 11,000 sq. ft. addition is planned, of which about 80% is devoted to the wholesale produce and cider making operation, and the balance will be retail sales area. The addition will replace the existing 4,000 sq. ft. structure closest to the road. This plan was granted a variance to the front yard setback requirement from 75' to 30'. Access, via two --existing curb cuts, is O.K.-circulation and parking would be improved by extending the grave ed parking area to the south. Because of existing vegetation on site, I believe a waiver is warranted, although some new plantings should be re- quired, to complement the new structure, because it is so large and so close to the road (i.e., perhaps 31 of the required land- scaping). GtUe�G !N"I - 10/24/78 �SSP SUGGESTED MOTION OF APPROVAL - CHITTENDEN`� ~! I move that the South Burlington Planning Commission approve the site plan proposal of Robert Chittenden, for an 11,000 sq. ft. addition to the Chittenden Cider Mill at 1580 Dorset Street, as depicted on the plan of record, subject to the following stip- ulations: 1. Landscaping... 2. Parking... 4. PLANNING COMIJIISSION 4!CTr`BER 24, 1978 to the Commission regarding this project. The first dealt with the proposed road along the southern limit of the association's land - they felt it would encroach along the treed buffer between the two developments. Mr. Horton said that he had also had verbal commitments from the former owner of the project to do something to resolve the drainage problem present on both sites. He said that ar. Babcock had told him that those problems would be resolved in phases 2 and 3, and Mr. Babcock confirmed that. Mr. Milot said that before phases 2 and 3 were built he would get in touch with Forest Park to discuss the problems. The letters from Forest Park will be placed in the records. Mr. Mona asked that the City Engineer look at the problems Forest Park has raised. Mr. Woolery moved that the South Burlington Planning Commission approve the revised final plat application of Gerald Milot and Claude Gagne, for Design, and two accompanying 20 scale site plans, subject to the following stipulations: 1. This approval is _cor_tingent upon formal confirmation of adequate school capacity by the School Board. 2. Condominium _ws and_�rtclesof association stall be reviewed and approved by the Citv Attorney prior to occupancy. 3. This approval is supplemented bathe conditions of final approvals previously granted on 11 8 77 and 9 13 77 as applicable to phase 1 except_ as otherwise noted herein or on the plan. 4. Phase 1 approval is hereby extended until 7/l/79.Phases 2 and 3 shall be reviewed by the Planning Commission. 5. Final engineering details shall be as approved by the City Engi_n_eer,. the Water Department, and the Fire Chief. (ref: Blake -Duff letter of 1C/24/78 and WJS-SBPC memo of 10 19 78 6.Each cluster shall have 2 _access points to the city street; the double width parking shelters shall be moved 10' closer to the public right of way to allow for protective curbing and wider circulation lanes. 7. Fire lanes shall be signed as directed by the Fire Chief, 8. Off -site water main extension shall be constructed simultaneously with on -site work, so that adequate fire flow will be provided as soon as possible. 9. Siting of parking and/or storage area shall be accomplished before the articles of association are approved by the City Attorney. Mr. Mona seconded the motion and it passed unanimously after some further discussion. Site plan review, addition to Chittenden's Cider Mill, 158G Dorset Street Mr. Chittenden showed the Commission what he would be doing with the building, using one of -r� slides. He said the front entrance would 5. PLANNING COMMISSION UCTOBER 24, 1978 be 13' farther from the road than it is now. The Commission was concerned about the parking situation, some members feeling it might be inadequate after the addition was built. Yjr. Chittenden pointed out that most of that additional floor area was for the production end of the business - it was not retail space. He did not anticipate having any more traffic after the change than he did no*. Mr. Page said the Chitterdens had a lot of room to expand if they needed more parking area and he recommended that additional groom be designated on the plan and that the Commission review the parking after a certain time period. Tyr. Chittenden said he would like to leave two areas open for parking but not put them in now. Mr. awing wondered if the Commission should do something about the curb cuts for the present building but Mr. Chittenden did not think that traffic would get heavy enough to warrant that for a long time. Mr. Woolery moved that the South_ Burlington Planning Commission ap-:rove the _site__plan fro osal of Robert Chittenden, for an 11,000 square foot addition to _the__Chittend enCider Will at _1�80 Dorset Street, as depicted on_tie plan of record,__subject to the following stipulations: 1. Landscaping bond of_i$2880 shall be posted. 2. Parking shall be reviewed_ within 1 year from the date of completion of construction. _ Mr. Levesque seconded the motion and it passed unanimously. it Review adequacy of parking at Regal Car Care Center 14r. Page showed the Commission a slide of the building and said that 1 year ago the Commission had been concerned about the adequacy of parking here and had wanted to review it. He said that there did not appear to be any problems at all. Sketch plan review of 4 lot subdivision Dr. Marshall McBean said that the request was to take an existing 42 acre parcel and divide it into 4 lots, one of which will be 15 acres with a house and the others will be about 1,`�, acres each.. The existing drive will be upgraded along its nth and will have a 35' radius turnaround at the end. It will be a cul-de-sac 1900, long. He said there seemed to be adequate water in the area and that sewage would be on -site. Power lines are underground to the woods and then come up onto poles. Mr. McBean asked that they could stay on poles after that point. He said that he proposed a 24' wide pavement with 3' gravel shoulders on both sides for the upgraded road. The street will be deeded to the city. Mr. Jewett said he lived in the subdivision and he said the lots seemed to be very deep,.violating the ratio of 1 to 5 that the Commission has established 6Z5a�'10 `dimensions. Mr. Poger said there were ways to deal with this type of situation, such as having some of the backland shared in common. There was some discussion of when the road would be upgraded. Review Zoning Board and City Council agendas The Commission directed Mr. Page to write a memo to the City Council regarding the proposed Farrell warehouse in the south end of the city which ,-Tl,les 3, 1978 Chittenden Farms Mr. Robert Chittenden 1580 Dorset Street South Burlington, Vermont 05401 Dear Mr. Chittenden: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Hall, Conference Room, 1175 Williston Road on Monday, July 17, 1978 at 5:00 p.m. to consider your request for a zoning appeal. "lease plan to attend. Very truly, Richard Ward Zoning Administrative Officer Rtw/mcg NOTICE OF APPEAL° SOUTH BURLINGTON ZONING BOARD OF ADJUSTMNT I hereby appeal to the Zoning Board of Adjustment for the following:.. decision of administrative officer. conditional use, variance, Property Owner Property location &, description %S Variance of Sections �le of section) numb e r Basis of appea I understand the -regular meetings are held twice a month on Monday at 5:00 p.m. at the City hall, Conference Room. The legal advertise - vent must appear -in the Burlington Free -Press a minimum of fifteen (l5) days beforet--the hearing, I agree to pay a fee of $30.00 which See is to off -set the costs of advertising and the hearing. Signature of Appellant Hear g D e _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -j- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 SOUTH BURLINGTON ZONING NOTICED_ i In accordance with the South Burlington Zoning Regulations and Chapter 117,Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a publicbearinghRoad,tScut 1ington City Burlington� Vermont$on Conference Room,rr, 75 Williston , at to consider the ' ti day of week month and date) me . following: �a seeking Appeal of from Section /3< of the South Burlington Zoning Regula- ission to tions. Reouest is for perm ,� ,.� _,fj �„�,�yj�L,y,„t,,,�„i,•e,tt-,.yv r:� ��` /C-�l'° �rl�,.j•.+.6t,./.,, 14 40-0�-51-- ------ ----- - - - --------- 41 L-*'----,,a. - ------- --- - --------- - ----- -- ---- July 18, 1978 Chittenden Farms Mr. Robert Chittenden 1580 Dorset Street South Burlington, Vermont 05401 Dear Mr. Chittenden: Be advised that your application for a zoning variance has been tabled to Monday, August 7, 1978. The Hoard will conduct an on -site inspection prior to the next regular meeting. If you have any questions pertaining to this appeal, feel free to contact me. Very truly, Richard Ward Zoning Administrative Officer RVI/mcg C-Ivepl //--ALAl - _�����`ctD� //gyp RA oc> rz4,-,r=,-r fir, T rl SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 119 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, Feb- ruary 12, 1996 at 7:00 P.M. to consider the fol- lowing: #1) Appeal of Dean Zoecklein agent, EZP Golfco, Inc., seeking ap- proval from Section 6.20 Condition&] uses, sub section 6201 Outdoor recreational facilities of the South Burlington Zon- ing Regulations. Request is for permission for con- struction of a planned res- idential development consisting of 190 single family lots and 40 multi- family units and a 18 hole golf course on approxi- mately 450 acres of land located east and west of Dorset Street south of Swift Street. #2) Appeal of Atlantic Orient Corporation, Peter Hughes agent seeking ap- proval from Section 25.113 Height of struc- tures & Section 22.60 View Protection Zone of LEGAL NOTICES 1 I LEGAL NOTICES i the South Burlington Zon- ing Regulations. Request is for permission to erect a meteorological tower at a height of eighty-two (82) feet, on a lot containing a wind turbine generator lo- cated at 1020 Hinesburg Road, d.b.a. Dynapower Corporation. #3) Appeal of Technology Park Associates, Inc., John Illick seeking appro- val from Section 26.65 Multiple uses of the South Burlington Zoning Regula- tions. Request is for per- mission to occupy an existing 275,000 square feet structure with per- mitted uses to Include light manufacturing gener- al offices, warehousing and food service located at 115 Kimball Avenue formerly Digital Equip- ment Corporation. #4) Appeal of Mark Ste- phens and Leah Bntch seeking a variance from Section 26.00 Noncon- forming uses, sub -section 26.003 extensions of the South Burlington Zoning Regulations. Request is for permission to keep domestic farm animals in conjunction with a resi- dential/commercial use on a lot containing 15,000 square feet, located at 57 Swift Street. #5) Appeal of Walter and Dena McCutchen seeking a variance from Section 25.00 Dimensional re- quirements, front yards of the South Burlington Zon- ing Regulations. Request is for permission to con- struct a 12'x18' porch ad- dition to within twenty-two (22) feet of the required front yard located at 24 Victoria Drive. #6) Appeal of Royal and Robert Chittenden seek- ing approval from Section 6.g07 Accessory resi- dential unit and Section 26.65 Multiple uses of the Connnusd Next Coli I Contlrwad Next Cok m South Burlington Zoning Regulations. Request is for permission to convert existing storage area into a second floor residential apartment containing ap- proximately 1160 square feet in conjunction with an existing agriculture/horti- culture use, d.b.a. Chit- tenden Cider Mill located at 1580 Dorset Street. Plans are on file with the South Burlington Planning and Zoning Office, lo- cated at City Hall, 575 Dorset Street, South Bur- lington. Vermont. Richard Ward Zoning Administrative Of- ficer January 27, 1996 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 29, 1996 Mr. Robert Chittenden Chittenden Cider Mill 1580 Dorset Street South Burlington, Vermont 05403 Re: Zoning Hearing Dear Mr. Chittenden: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 575 Dorset Street on Monday, February 12, 1996 at 7:00 P.M. to consider your zoning application. Please plan to attend this hearing and be prepared to address the enclosed review criteria. If you have any questions, please don't hesitate to call me. Very truly, G Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl No Text / 4z ��isr�Ny :� k'sys,/' Ake/�. Official Use City of `� th Burlington APF~CATION # Application to .3oard of Adjustment HEARING DATE Da t e�� ���� .,� FILING DATE Owner, leasee, agent FEE AMOUNT Address Telephone # Landowner G �/ "ddress Location and description of property Vell 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 heari g. Provisions of zoning i�di>n�a°nce in question- Reason for appeal The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Hearin Date Signature of Appe ant 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 Day of Week Month and Date Appeal of at a U to consider the following: Time s e e ki n g Vo eatA rt-p 411,t,.,.� f rom Section �•o%Q "� y /2G of the South Burlington ZQDing_Re ulati(las. Request is for permission A•�i-r41- _ !nA Lv to v� =; 't -�.e +� - " �� .iG/r' ��� b'k_ - �•,�..y� ���il Q .+4xe, �. a,�ya�, ss9G u 0 ��• � _�S�,�.,�__ �� /y �/�> ear .�.�. �' __ Z�v ele,6 7, �Go cz, Ago 76 fl PLANNING COMMISSION 14 JANUARY 1986 PAGE 7 would agree to that. She felt the applicant must show an entrance so that the land is not landlocked. They should come in with another sketch plan that shows several options, including a full 10.8 acrea open space, not little pieces. Mrs. Hurd added that the neighbor, Mrs. Rye would like a fence to protect her property. Consider request of Chittenden Trust Co. for amendment to Section 18.10 of the Zoning regulations regarding setback from Williston Rd. right-of-way after the widening of in the vicinity of Chittenden Trust on Williston Rd. Mrs. Lafleur explained that the Chittenden feels the setback will unduly restrict their property after the road widening. At present they would be able to build a 37,500 ft. building. After the widening, they would be allowed a 35,000 sq. ft. building. She felt the traffic overlay zone restricts them more as it allows only a 14,000 sq. ft. building now. After a brief discussion, members were unanimous in feeling the setback should not be reduced. Consider request to ament Zoning regulations to allow farming and agriculture uses including the keeping of cattle in the Industrial Commercial district Mrs. Lafleur explained this is not now a permitted use. After brief discussion, members agreed they had no objection to this being done through use variances, and would consider amending the Ordinance when it is updated this year. Other Business 1. The 5-year highway construction plan now includes the widening of the top of Main Street. 2. The Natural Resources Committee's report on air quality on Dorset St. has been received. 3. A proposal has been received from Rick Carbin. 4. Mr. Jacob stressed that he felt developers should be en- couraged to contribute to purchasing the large recreation land parcel. As there was no further business to come before the Commission, the meeting adjourned at 10:40pm. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 January 20, 1986 Richard Fletcher Chittenden Bank 2 Burlington Square, Box 820 Burlington, Vermont 05401 Re: Setback amendment Dear Mr. Fletcher: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the January 13, 1986 Planning Commission meeting. As you can see, the Commission is not in favor of proceeding with an amendment to the setback requirements on Williston Road. They did, however, indicate that they are willing to reevaluate the traffic standards after the road is widened. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl cc: William J. Szymanski `� � - - - _ __ _ _ �. _ _ _ f_ .._ �.,� 3 � � ��. s-� .�r �� ;� �. W�� �otC��_�'V�ev� �h2. ._ 1 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 October 31, 1985 Attorney Steven Spokes, Foley & P.O. Box 986 Stitzel Stitzel Burlington, Vermont 05401 Dear Steve: ZONING ADMINISTRATOR 658.7958 Enclosed is an updated copy of the South Burlington Zoning Regulations. I would like your opinion on the following situation with regard to section 18.101. The Williston Road setback is 50 feet from the planned right-of-way. The present r.o.w. is 66 feet and the planned is 80 feet. In m P practice, we have been splitting f the difference (14 feet) between the existing and planned and setting the setback at 57 feet. The question is "what ( irbr.°; is the setback after the widening?" Is it 50 feet from the new right-of-way, whether or not it is an 80 foot or perhaps�� 90 foot right-of-way or does it revert to the typical 40 foot, right-of-way of a C1 or C2 district? I believe the former happens and want your confirmation of this. These streets in section 18.101 are all arterial and collectors and a higher set -back is reasonable. Second, if a person loses land as a result of a road widening, is there any possible way to "give credit", so to speak, for Ii o the pre -widening lot size? This is especially important in Iy calculating maximum,lot coverage and maximum traffic allowed in a traffic over zone since permitted traffic is based on use, location and lot size. I would appreciate your response as soon as possible. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl Memorandum January 14, 1986 agenda items 1/10/86 Page 6 While I agree that high scale agricultural production is unlikely in this section of the Quadrant, we should not lose other options for the future such as preserving a large tract of contingous open space somewhere else in the quadrant, perhaps along the Shelburne border. To keep these options open, I suggest that this project be phased so that a transfer can occur in the future where the development rights of large parcels are purchased in exchange for a fully developed property here. One might be able to argue that criteria B under our standards for open space has not been met unless some provision for phasing and a transfer of development rights is made. Such a phasing plan and/or purchase of development rights will aid the applicant in meeting criteria 9B of Act 250. Streets; The street system is inventive and consists of two cul de sacs, two eyebrows, and a number of curves. The cul de sacs should meet city standards for a tear drop cul de sac with a 75 foot radius. The gyebrows allow the same number of lots as a halt of cul de sac. This layout gives a type of variation not found in a standard block grid system. Landscaping: Landscaping and a traffic study must be provided at Preliminary Plat. We will probably require a contribution toward intersection improvements. Other: See Bill's memo. 6 ) CH ITTENDEN _TAMENDMENT The Chittenden Trust is requesting an amendment to the Zoning Regulations that would reduce the setback along Williston Road from 50 feet to 35 feet from the new right-of-way after the widening. Mr. Fletcher, from the Bank, should be available to express his concerns but I will try to briefly summarize the situation. The present setback is 57 feet from the existing right-of-way and will be 50 feet from the new right-of-way after widening. The taking will amount to 21.5 feet in front of the Chittenden. if the Chittenden presented plans today, .the required setback would be 57 feet. If plans are presented after the widening, the setback will amount to 71.5 feet from the present right- of-way. Although the bank agrees that the widening is necessary, they feel it unduly restricts future development potential. I have explained that the City can not give "credit", so to speak, for future plans so the only options are a zoning amendment or � Memorandum January 14, 1986 agenda items 1/10/86 Page 7 a dimensional variance at the time they are ready to submit plans. In my view the two questions are 1) what should the setback be for aesthetic reasons after the widening? and 2) is the taking of 21.5 feet of frontage worth more or less than the improvement to the traffic conditions? In other words, is there a significant benefit to the permitted size of a structure after the traffic conditions are improved? I have roughly calculated what I see to be the pre-widing and post -widening development potential: Assume the lot to be 2 acres (87,120 square feet). Assume the maximum lot coverage at 70% (60,984 square feet). The maximum building coverage at 30% is 26,136 square feet. Assume office use with a parking requirement of one space per 250 square feet and 300 square per space requirement as a rule of thumb. Therefore, 15,000 square footprint x 2.5 floors = 37,500 square foot building. 37,500 square feet requires 150 parking spaces at 300 square feet each. Total lot coverage = 60,000 square feet. Therefore, a 37,500 square foot building and required parking could fit on this lot. After the widening, the lot will be 80,670 square feet (21.5 x 300 feet = 6450 square feet). Using the same assumptions, a 14,000 square foot footprint and 2.5 floors produce 35,000 square feet and 140 required spaces. The total lot coverage will be 56,000 square feet. The ordinance would allow a 70% coverage(or 56,469 square feet) and a 30% building coverage (24,201 square feet). Therefore, this 35,000 square foot build- ing would meet our requirements. The traffic overlay zone allows 15,trips per 40,000 square foot lot size. Under this, the present lot size would permit a 14,157 square foot building. After the taking, a 13,109 square foot building would be permitted. Clearly the traffic overlay zone restricts the size of the building more than the widening does. I would imagine the overlay criteria sould be loosened up after the widening or perhaps the PCD level of'service citeria will be a part of our ordinance instead of the overlay. While the bank feels the setback is a major problem, I would argue that with or without the 21.5 foot taking, the development potential is severely limited under our traffic standards. The widening should allow us to loosen up our traffic standards in this area. The question seems to be "should the setback be reduced to 35 feet to increase the development potential in this area?" January 8, 1986 Richard Fletcher Chittenden Bank 2 Burlington Square Box 820 Burlington, Vermont 05402 Re: Setback Amendment Request Dear Mr. Fletcher: Enclosed are the agenda and a copy of my memo to the Planning Commission regarding your request for an amendment to the set- back requirements in the vicinity of the bank on Williston Road. You are welcomed to attend this meet;ng on January 14, 1986. I would expect this item to be considered after 9:00 P.M. Please call me if you have any questions. Sincerely, Jane B . Lafleur, City Planner JBL/mcp Encls Tor ss� pfo-,% 000�,-�J ('cam � a a c-Nv �� , � �'► i �, 000s� � o, 9<Z I C Q (., ( 3 S� V-7 fr: Sp } � 7, iao - &g570 IZO, b1 c) Ll 4(6 X 3 S, D�� _ ) LI D ol5D EAR -FFRRA C " \ n F- N D E -W C!7 -:Set \00.c_\a--Tyv ",, = -� ,Sot Tyaq-, E Pfs-� I�rrauav- = 4D �'t C- I +yyg,r(yr... �, 1r R �,�. r�.� .;. �5` l �,. • r.. , :���: `��'� f+Q�w. I i �' Z, ;,.. "-&i.�t '614� ja --- sew-� -M --� 0 GoA �� 1.r-L.,y - Q I , 's %Q SU%� zm�c �f35: s6� 3. ZONING BOARD OF ADJUSTMENT JULY 17, 1978 Mr. Perkett asked Mr. Emerson to respond to the question of the hardship being created by the appellant and was told the Ferleman estate had needed all the income it could get in order to provide educations for the grand- children. This made it hard to keep the building in good repair. The Board worked on some stipulations of approval. Yx. Graves said he would like it known that in granting a variance they were not granting a variance of the loading -unloading space or the parking requirements. The Board also decided, with fir. Emerson's concurrence, to vote on the basis of the uses being those allowed in Section 7.002. The appeal was granted 4-1 with the following stipulations: 1. That there be no more than 3 parking spaces on the lot that is a triangle. 2. That the curb cut on Williston Road be closed. 3. Any additional parking requirement shall be provided on the second parcel across the street from the triangle. 4. That the uses of the building be limited to those provided for in Section 7.002 of the Zoning Regulations. No 2 Appeal of Chittenden Farms, Robert Chittenden Appeal of Chittenden Farms, Robert Chittenden seeking a variance from Section 13.00, Non -conforming uses and structures of the South Burlington Zoning Regulations. Request is for permission to demolish approximately 4,500 square feet of existing structure and construct an addition containing 9,000 square feet, structure is non -conforming to the minimum setback required, located at 1580 Dorset St. Mr. Ward said the area was zoned AA and that the structure was non- conforming to the setback, which is 75'. Existing is 15' and proposed is 30'. The addition will exceed 25% of the Fair Market Value of the building. The present use as a cidar mill will continue. Mr. Chittenden said that the growth of the business has forced them to expand production and sales areas and he added that the building was very old and needed work anyway. He felt the new building would be attractive and an asset to the area. Mr. Fayette asked why they could not move it back 40' farther and was told that the engineer working on it had said that would not be a good idea. Mr. Martineau pointed out that the lot was very large and that the road would eventually be widened. Mr. George Albee said that he and other residents in the area liked the Mill very much but said that they did not want it to become a supermarket. Mr. Chittenden agreed and said he did not want it to become that either. He explained that they will have more room to make jelly, can produce, and make vinegar as well as having more display area. They will carry the same things they do now, he said, and may add dairy products but will not add cigarettes, etc. He said that a lot of what is now stored outside will be under cover also. The building was built in the early 1950's he said. The Board was very concerned with the 75' set back problem and it indicated it would like to discuss this further and get some compromise, An on -site inspection was suggested by Mr. Campbell, as well as a letter from the architect explaining why it could not be moved farther back. Mr. Fayette suggested that some stakes in the ground where possible would be very helpful. Mr. Campbell moved to table the appeal until August 7, 1978. The motion was seconded by Mr. Perkett and passed unanimously. ZONING BOARD OF ADJUSTMENT 2. AUGUST 7, 1978 Mr. Martineau asked if there were potential problems with phases 2 and 3 and was told they might have a problem with 3 but they did not think they would. Mr. Judge left some information for the Board to read regarding the appeal. Mr. Martineau wanted to see the original plan, the addition of the carports and a demonstration of why they cannot be put in another place on the lot at the neat hearing. Mr. Judge suggested the members take a look at the site. Mr. Graves felt this was a nice project but that the Board had always tried to preserve the setbacks on the city thoroughfares and he asked them to address the question of having enough room to build more lanes on Kennedy Drive if they need to. Mr. Judge felt that a garage could be more easily moved that a residence if the need arose. Appeal of Chittenden Farms, Robert Chittenden (tabled July 171 Mr. Reed stated that he would abstain from hearing the two tabled appeals because he had not been at the last meeting and had not heard either one. Mr. Chittenden gave the Board a letter from his architect saying that it would not be feasible or economical for them to push the building farther back from the road (copy on file with Zoning Administrator). Mr. Chittenden has 8500 square feet of space now and will have 13,000 when he gets done, and of that 13,000 9,000 will be new construction, since they are trying to save and build around a portion of the existing building. Mr. Chittenden said that the business presently rents space down the road for storage and they would like to have everything together in one area. Mr. Perkett said there was a lot of space to the south of the building and he suggested saving the part they wanted to and building a separate building to the south of that part. This would give them the room they need, it just will not be in one building. Mr. Chittenden indicated that he wanted everything to be together, but Mr. Perkett felt that was a preference, not a necessityland he pointed out that they do business now by using two buildings. He felt the problem was created by trying to work around the core of the building which they wished to save. Mr. Martineau asked if the character of the business would change with the new room and he wanted to know how much of the produce they sell is homegrown. He was told it was 50% homegrown, and that they would probably sell more dairy products. Mr. Chittenden did not see any dramatic change in volume or marketing approach. Mr. Ward said the road at that point had a 66' right of way and that it was about 18' from the travelled portion of the road to the property line. Mr. Chittenden is now 15' beyond that property line, and will be 30' if the building is approved as planned. Xr. Fayette said this plan would not have conformed to the old setback of 50'. Mr. Graves said he felt strongly about preserving setbacks but he was not sure a 75' setback was necessary on top of a 66' right of way in an AR zone like this. He could not see that part of Dorset Street needing to be wider than 4 lanes and with a 66' right of way it could be 4-6 lanes wide. He suggested a meeting between the Board, the Planning Commission and perhaps the City Council to talk about setbacks and perhaps measuring them from the center of the road, not the edge of the right of way. Mr. Perkett felt that perhaps the Chittendens should have two separate buildings now and live with that inconvience for 5-10 years at which time the saved part of the existing building could come down and be replaced on the new building. lie felt the Board was trying to deal with added value in 3• ZONING BOARD OF ADJUSTMENT AUGUST 7, 1978 a zone the city was trying to protect. Mr. Martineau felt the need for modernization was clear in the building. Mr. Fayette said that in some respects this was the classic variance case. It is an existing building with a plan to double the the existing setback from the road. He felt there was a question as to whether the full 75' setback was necessary in that area. He said that the plan looked good and there was no opposition to it in the area, and he felt the 75' was not violated with the plan. He did not see any real pressing problem with the setback here. Mr. Campbell agreed, saying he could not get very worked up about the appeal. Mr. Perkett felt there was a solution close to what Nor. Chittenden wanted using his own property. Mr. Graves felt the Board was saying that it wanted either 75' or nothing and he was not sure that was using common sense. Mr. Martineau said they were talking about $120,000 worth of building being put well within the area the city has set aside for other needs. Mr. Campbell said he would like to ask City Planner, Steve Page to research and write a memo on the sanctity of the 75' setback in an area like this one. Mr. Martineau liked that idea and suggested that the Board ask Mr. Page to come to the next meeting to discuss it. He added that a written opinion that the Board could read first would be very helpful. He asked Mr. Ward to talk to Mr. Page about this, and said they Mould also like to know about anything dealing with rights of way and how much space is necessary for a 4 lane road. Mr. Campbell moved to table the Chittenden appeal until two weeks from tonight The motion was seconded by Mr. Perkett and passed unanimously. Appeal of South Burlington Realty Corporation (tabled July 17) Mr. Reed abstained from hearing the appeal. Mr. Martineau said he had discussed the appeal with the City Attorney, who felt that the case should be looked at on the basis of the total $23,000 worth of improvements as being over the 25% of fair market value, up to which figure a non -conforming building is allowed to be improved. The cost of the mansard roof which is already on was about $12,000 and the cost of the interior renovations, which have not been done, was about $11,000. By themselves, neither one would exceed 25% of the fair market value of the building and would not therefore require a variance, but together they would. The Board was advised by the City Attorney to consider both. Mr. Perkett felt this problem would not again arise if the Zoning Administrator would not allow the outside dimensions of a building, including going up, to change when he gave a permit to improve, alter or reconstruct a non -conforming building for a figure of less than 25% of the fair market value. This would still allow rearrangement of an interior, painting walls, etc. Mr. Martineau indicated that he would abstain from voting on the appeal, although he wanted to hear it, because he felt thet the accepted practices of the city had been circumvented by asking first for the roof and then later for the interior renovations, instead of asking for the entire thing at one time. Mr. Graves felt the Board should hear the appeal but that it could not consider the fact that they have a stake in the upstairs now because it is built as a criteria of hardship. He said it should be objectively considered right from the start. Mr. Perkett did not want to hear the appeal at all because if they had UA ZONING BOARD OF ADJUSTMENT 4. AUGUST 21, 1978 12' and the other at 22'. Mr. O'Hare said that he had lived in the home for 22 years and that he could not put the garage any other place. It is a one car garage and all the other garages in the area are about 9' from the lines. He said he was just about the only one in the area without a garage. The garage will be attached to the house. The house is 32' long. Mr. Chuck Ronnquist, a neighbor to the rear said that he had a garage about 3' from his line. The appeal was granted unanimously. Appeal of Chittenden Farms, Robert Chittenden (tabled July 17, 1978) Mr. Reed abstained from hearing the appeal since he had not heard it last week either. Mr. Martineau complimented City Planner Stephen. Page on a memo he had written regarding the 75' setback from the road in this area (copy on file with Zoning Administrator) Mr. Tetzlaff represented Mr. Chittenden and said that they hoped to use part of the front yard for parking but would also like to try to attract people to park on both sides of the building. Mr. Chittenden hoped to pave some of the parking area. He said that traffic never backed up into the road. Mr. Giroux explained that the building was laid out the way it was for several reasons. They are trying to keep one part of the old building intact and build around it because it is in fairly good shape and has had a lot of money put into it recently. It would not be economically feasible to relocate the building entirely. The layout of .the building is such that a natural flow of materials is possible and so the retail part of the business can be •closest to the road. He added that they have compacted the building already from what they first wanted and felt was the ideal situation. It was pointed out that this was an existing building which had been there for a long time and that the finished building would be 13' farther from the setback than it was now. It will be an esthetic improvement and there do not seem to be any condemnation problems in the forseeable future. There is, however, plenty of land to work with. Mr. Chittenden said he did not see any great increase in traffic or volume of business with this addition. The appeal was approved unanimously. Minutes of August 7, 1978 Mr. Fayette had not been present when the minutes were approved and he wished to make an addition to page 3 in the second full paragraph. He felt the words "the spirit or the reasons for" should be inserted in the fourth sentence after the word "felt". The Board unanimously supported this correction. The meeting was adjourned at 6:50 pm. Clerk August 8, 1978 Chittenden Farms Mr. Robert Chittenden 1580 Dorset Street South Burlington, Vermont 05401 Dear Mr. Chittenden: Be advised that your request for a variance to the setback re- quirement has been tabled to Monday, August 21, 1978 at 5:00 p.m. The Board will request that the City Engineer and Planner review the setback requirement as it would relate to future road im- provements along Dorset Street. I Would suggest that you consider a revised building plan which could provide a greater setback than thirty (30) feet. If you have any questions feet free to contact me. Very truly, Richard ward Zoning Administrative Officer RW/mcg i August 22, 11�78 Chittenden Cider Mill 1560 Dorset Street South Burlington, Vermont 05401 Dear Mr. Chittendens Be advised that the South Burlington Zoning Board of Adjustment has granted approval of your request for a zoning variance. Your proposal is subject to site plan review by the Planning Commission, enclosed is a copy of the site plan review provision. In order to be scheduled before the Commission please contact Mr. Steve Page at this office. The Zoning Board will issue their formal findings at a later date. If you have any questions please don't hesitate to call me. Very truly, '.ti cha rd Ward Zoning Administrative Officer RW/mcg E Tj E: F! it LL C) tj s I Pj CG Telephone (603) 298-5939 of Now England Inc. P. 0, Box 437 - West Lebanon, Now Hampshire 03784 7/2 S/T� Chi C WOO a C11CP KTTY� jorspV lkrr&� 10. ArTin"tow, Vt. qth'n: ONO ChUtenjon Re: ProposedAhittonder. Mer kill builj!Q_� your P-post to review proportions of PrOPOS& 4MM, Ar Chitt�Ycn C1.6or Hill I vish to offer tho TOIIOYA�,:. 1) To n- I Tom r Z, ��Pc - to oil nhu%w YlwAil 2) if won �trucf If, �jly! Ono WYW�, ��SIUKIOU Q"U S-�:. A; �w : hnnAj & nparK f Cr cj� -W � 10". 14h vw2nyd to onkll") m . , N�A� : '- Unrypre in width �WUY V1.00 1, a bull! Mo which wc reel V- .-"00 10- ProAle i� spite :� 1, — Ylw�hla SOO. 4) MOU!" you �- 1 you woj"A:2 -Mlun�l jarA' .OACO 1 WOU12 � ZMnai -'. MAC in TPf CZ Ofaowing llurlh�-' accesslo building throu"A this portion of snlc;, appa. Ar the above sited considerations we feel that th,,', building Pc proposed would beat suit your production and spies noods RM would prosent the most pleasin, appearance o, y tour customers and the general publip. Trusting three observations will be helpful to you; i look forward to hearing from you in the near future. r Vrery trulyhourso Ir" Roland "Hike" Girour: