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HomeMy WebLinkAboutBATCH - Supplemental - 0046 East TerraceJohn J. Bergeron Vincent A. Paradis Edward D. Fitzpatrick Priscilla B. Dube Douglas G. Kallen Daniel P. O'Rourke Kerin E. Stackpole Michael D. Danley David D. Aman OF COUNSEL: John W. O'Donnell BERGERON PARADIS `rt-ITZPATRICK LLP A T T O R N E Y S William J. Szymanski, Engineer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Szymanski: March 9, 2005 REPLY TO: 34 Pearl Street P.O. Box 174 Essex Jct., VT 05452-0174 Tel (802) 879-6304 Fax (802) 879-6533 www.bpflegal.com Our office represents Ernest Lowder and Mary Mackin, who recently purchased property located at 42 East Terrace in South Burlington. In performing a title search on the property, our office found a sewer line easement which encumbers their property and other properties along the east side of East Terrace. We also found a Plan of Sewer Easement depicting the sewer line easement of record in the City's offices. The Plan of record depicts the sewer line running through the backyards of properties on East Terrace. The plan of the easement shows both a "permanent easement" line (colored in green) and a "limit of construction rights" (colored in red). It is our understanding based upon conversations between our office and the City that the "limit of construction rights" line was a temporary easement, not permanent, and expired upon completion of the sewer line. The purpose of this letter is to verify that our understanding is correct. Would you kindly execute this letter at the bottom if our understanding of the City's position is correct. Thanks you for your attention to this matter. Please let me know if you have any questions. Very truly yours,,.,,,, T y Af r { b 9 9- �`e, }V,,�°xri�ent�A. Paradis, Esq. Agreed: 1p William J. Szymanski J i BURLINGTON OFFICE: 27 Main Street 0 P.O. Box 925 0 Burlington, Vermont 05402-0925 ® Tel (802) 863-1191 ® Fax (802) 863-5798 State of Vermont AGENCY OF NATURAL RESOURCES ' Department orTnvironmental Conservation •„-«.��` II`�'" Wastewater Management Division I II West Street Department of Fish and Wildlife Essex Junction, VT 05452 Department of Forests, Parks and Recreation Telephone: 802 879-5656 Department o� Enyiror}rnnt-I pnservatioh p • ( ) anQQra bbLL rad5muno 52 East Terrace South Burlington, VT 05403 Dear Applicant: Re: LIMITED CONDITIONAL AMNESTY CASE # AM-4-0145 Project Location: 52 East Terrace, South Burlington, Vermont. Three bedroom single family dwelling with municipal water & sewer. LAWS/REGULATIONS INVOLVED FOR LIMITED CONDITIONAL AMNESTY: 18 VSA Section 1218(d) and Environmental Protection Rules, Chapter 1, Subchapter 3, Subdivisions Based on the landowner's certification and accompanying documentation, the property described above qualifies for limited conditional amnesty from the state subdivision permitting requirements as of the date of the current landowner's signature on the landowner certification form. In issuing this opinion we have relied entirely on the information submitted to us, and the landowner(s) is responsible for its accuracy. Should it be determined in the future that the statements were not accurate, this letter will not prevent the Agency from taking appropriate enforcement actions. The property remains exempt provided that: 1. The wastewater disposal system has not failed: 2. The lot is not subsequently subdivided: 3. There is no significant modification of the building or structure after January 1, 1999 that would increase the design flows, such as adding a bedroom: 4. There is no significant modification of the potable water supply or wastewater disposal system after January 1, 1999: and 5. If a Subdivision Permit had been issued for the lot prior to January 1, 1999, the conditions of such permit concerning actions required to be taken after January 1, 1999 shall remain in effect. Such conditions may include ones concerning operation and maintenance, and transfer of ownership. 6. A permit will be needed if the property no longer meets the exemption criteria listed above. Please note that although this lot may be exempt from state subdivision permitting requirements, it may not be exempt from other state permits, municipal regulations and/or permits. We recommend that this letter be recorded in the South Burlington Land Records. Dated at I I I West Street, Essex Junction, this 7`h day of November, 2002. FOR THE WASTEWATER MANAGEMENT DIVISION Irene L. Roberge, DEC Regional Office Coord. c South Burlington Planning & Zoning Advantage Title Closing & Escrow, LLC WE d n 112✓� Z.ce n .......... war? a //w - r City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 27, 1991 Mr. Art Shields AF Shields Real Estate 337 College Street. Burlington, Vermont 05401 Re: Eastview Condos, East. Terrace Dear Mr. Shields: ZONING ADMINISTRATOR 658-7958 Enclosed are the January 8 and January 15, 1991 Planning Commis- sion meeting minutes. Please call if you have any questions. goe ereyWeith, City Planner 2 Encls JW/mcp cc: Lance Llewellyn PLANNING COMMISSION 15 JANUARY 1991 page 2 torney. If citizens wish to take action, they can appeal de- cisions of the Zoning Administrator to the Zoning Board. Mr. Reed said another concern is safety because of the significant amount of water that will flow through the ditch. He noted there are many children in the neighborhood and there is no barrier between Ledge Knoll and the Green Acres properties. The ditch is 6 inches from the property line, he noted, and is a significant gully. Mr. Howell noted there is now a culvert in the middle of the field. Mr. Reed said the culvert diverts water to the east through the rise.. Mr. Howell said he was concerned that enormous changes can happen to that property without ever going to the Planning Commission. Mr. Burgess suggested consulting the City Manager. Mr. Sheahan noted the Wetlands Division of WAter Resources will be taking an interest as there may be a violation of State Statutes. 2. Minutes of 4 December 1990: Mr. Craig moved to approve the Minutes of 4 December 1990 as written. Ms. Peacock seconded. Motion passed unanimously. 3. PUBLIC HEARING: Continue preliminary plat application of Art Sheilds and Bill Sabiloski for construction of a 4-unit residen- tial building on 1.23 acre parcel of land located on East Terrace Mr Austin -moved -that -the - Planninq -Commission -adopt -the --Findinqs of _Fa ct_and,conclusinns_and_decisions_in_the_document:_"_Re�_A�oli� c`ation`-o`f_Art_Shields_and_Bill_3abilask _aud_de�aµthe_a lication fnr_tbe_foll niowll-reasonsF 1.._The_aoolication_does_not_meet_the_recuirements_of _Section_ 4Q1�1(i _of_the_South-Burl inoton_Subdiuision_&e2ulations_ _Four 141�dwellin��units-are^beino-nroposed_on'aacul=de_sac_street_tEast Terrace its derellino_units_allowed_ 2—_The_lot_on_which_the_deuelopment_is_oro 0sed_is^not_a_jeqa1_1ot in_that_it_has-not -obtained _re uired_aubdivision_a roua1_ _ 3__The_aoolication_does_not_meet_the_regUirements^of-Section 417421_af_the_South_Burlington_Subdivision _Requlations___A_four �4�_unit'multi-famil _resresidential_buildiEq_:Woa d_beina� ra ri'ate and _incomoatible__urith_existi�adacent4sin�le,famildwellin� and_therefore-is -not _"aesthetically�compatible_with-eexisting buildings_ -in -the -area. PLANNING COMMISSION 15 January 1991 page 3 Mrs --Maher-seconded ___Motion assed_unanimous1V_ (Note: Findings of fact attached.) Mr. Shields said that as a citizen of South Burlington he felt the Commission hadn't given the application due process. He felt it was clear from the inception that the Commission was looking for a reason to deny the application. 4. Comprehensive Plan Update: a. Review Draft #3 of Land Use Section: Mr. Austin raised the question of growth centers. He felt every part of the city was a growth center except the Southeast Quadrant. Mr. Weith said the reason is that the city has developed to a great extent already. He had included areas con- tiguous to developed areas where growth could continue. Mr. Austin felt it was a useless distinction. Mr. Poger noted that to allow development anywhere puts a differ- ent kind of pressure. Orderly progression allows assessment of what to do with open land. He noted that costs for longer school bus routes, police protection, etc., are real figures, even if they may be unknown. Mrs. Maher asked why on p. 6 acreage had been decreased from 10 to 5. Mr. Weith said it was a suggestion for a range of rural res- idential. Mrs. Maher said she didn't. like the 5 acres. Mr. Craig noted there may be a limit to how much you can do and still have it be considered a reasonable change of zoning. Mr. Sheahan asked if the dividing line follows property boundaries. Mrs. Maher said itdidn't Mr. Burgess noted that everything to the north was somewhat developed and everything to the south of the line was basically open. A citizen asked if any consideration had been given to the fact that homes in the area would be all on one level of social strata. Mrs. Maher noted there are different types of zones in different parts of the city. Mr. Craig said the Commission should consider whether to call Shelburne Rd. a growth area if projects are being denied because of traffic problems. Mr. Burgess suggested language to indicate what is being planned to alleviate traffic problems. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 4, 1991 Mr. Art. Shields AF Shields Real Estate 337 College Street Burlington, Vermont 05401 Re: Eastview Condos, East Terrace Dear Mr. Shields: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, January 8, 1991 at 7:30 P.M. to represent your request. Pi ere y, oe Weith, City Planner Encls JW/mcp PLANNING COMMISSION 8-January 1991 page 9 16--if- Leta! l_buildin_is_canstructed_before_hotel,_the_ rQ ect shall -include -construction_af_all_ arkin _north_gf�a a�serd—hotel build inazzparkinalan�elacated_access_road -and_ arkin _lat_an AI —Lewis — Ea ert 1. _Prior_ta_recardin _the_a liQant�shall_submit_two_full_ olans�__En�ineerilans_and_details_shall_be_revised_ta consistent-with-new-sheets^SP2_aad-SPS_1.Levis ed_date-1121g1 18..,_The_width _of _the _access_rQad_iu_f_rant_af _the_hntel_shall_be increased_tn_3II_feet _not_2h-feet_as_shawn_an_the_ laa _and_the plan —shall _be_mndif iea-to_ShQw-the_re1Qca,L1Qa_Qf _the_hotel_tQ allow_far_this-- This_madificati,an_shallcbe_reuiewed_and_a raved b the_Citi?lanner����� .. w �.._... _ _....... -- Mr.._Crai _seconded-the_motion- Mrs. Maher suggested that those who vote for the motion add a change regarding parking spaces that exit into the access lane so these be made as wide as possible. The motion was so amended. The-vote-that_fallawed_was _3,3_with_Mr-_Sheahan, _Mr.,_Austin_and Mrs-_Maher_a Qsin Mr. Burgess noted the motion had not passed but was not necessarily denied. Mr.._Austin_moved-to_continue_the_hearin _u� nti1-5_Eebruar._1R91- Mr.._Sheahan_seconden. __Motion_ assed_unanimausl Members asked Mr. Weith to be sure the motion doesn't pass by default. 6. Public Hearing: Continued Preliminary Plat application of Art Shelds and Bill Sabiloski for construction of a 4-unit residential building on a 1.23 acre parcel of land located on East Terrace. Mr. Burgess noted the hearing had been continued to get answers to questions which have now been answered. There is a question as to whether there ever was a legally created lot. The 50-unit/one access limit was passed in May, 1976. The present owner acquired the property in September, 1984. The R-4 zoning occurred in the early 19801"s. Mr. Shields noted there are now 64 houses on East Terrace, 45 of which were built before 1975. The first new house was built in PLANNING COMMISSION 8 January 1991 page 10 1977. There have been 14 houses built over the 50 house limit and one of those was built this year. There was also a conversion from a 2-family to a 3-family house on the street. Mr. Austin and Mr. Craig said they would approve a residence but not a 4-unit residence which they felt was not in character of the neighborhood. Mrs��Maher_mQued_tQ_cantiaue�the�a��licatian�uatil^15�sanuar�Z� M1.__AuaLia_segQaded___Matiea_ aaaed-unanimQusl 7. Discuss draft amendment to the South Burlignton Zoning Regula- tions to allow p.c.d.'s in the Industrial -Commercial District Mr. Weith reviewed the options: a) to allow p.c.d's outright, b) to allow the Commission to determine whether a p.c.d. could be built if it met a conservation need. This would be only for in- dustrial (no retail) use. The City Attorney said there was too much danger with this in the Court of Appeals; c) identifying the natural resources to be preserved and allowing p.c.d.'s on properties that encompass these resources. In a discussion with the Natural Resources Committee, Mr. Weith said it was felt there aren't many other such resources, other than wetlands. Mrs. Maher suggested inviting the applicant who raised the question in to describe the land again. Members then had a brief discussion on how to advise staff on the Lochmore application. Members felt there should be a denial motion prepared stating reasons for denial. Mr. Austin said he would vote for a lower hotel, no backing of cars into the access road, and a smaller retail building but only when Shelburne Rd. is widened. Mr. Sheahan said he felt circulation and access in the plan were terrible. Members then discussed procedures for discussion time among members before a vote is taken on a plan. As there was no further business to come before the Commission, the meeting adjourned at 10:50 pm. Clerk City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 22, 1991 Mr. Art Shields AF Shields Real Estate 337 College Street Burlington, Vermont 05401 Re: Eastview Condos, East Terrace Dear Mr. Shields: ZONING ADMINISTRATOR 658-7958 Enclosed are the December 4, 1990 Planning Commission meeting minutes. Also enclosed is the "Findings of Fact, Conclusion and Decision" adopted at the January 14, 1990 meeting. Please call if you have any questions. cerel , J e Weith, C ty Planner Encl JWlmcp cc: Lance Llewellyn M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: January 15, 1991 agenda items Date: January 11, 1991 3) EASTVIEW CONDOS, EAST TERRACE I drafted a denial motion for this application and gave it to Steve Stitzel to review. He wanted to make a few changes and was not able to get it to me in time to include in your packets. I will have it at Tuesday's meeting. 4) LAND USE SECTION. COMPREHENSIVE PLAN UPDATE Enclosed is draft #3 of the Land Use section of the Comprehensive plan update. The plan focuses on the designation of growth centers. Basically, growth centers are areas where the City wants to encourage development while non -growth centers are areas where the City wants to discourage development. Growth Centers are not a new and radical concept. In fact, the City has de- veloped somewhat in accordance to a growth center concept with higher density development along Williston Road and Shelburne Road and decreasing densities as you move outward toward the SEQ. The main purpose of designating growth centers in my mind is that is takes the City one step closer in more clearly defining where it desires growth and where it does not. I have proposed the growth center concept in order to promote a goal which is contained in the 1985 plan. The goal is for order- ly growth outward from the urban core and appears in a couple of references as follows: o "New development in the Quadrant shall be contiguous to existing developed areas." (page 78). o "Zoning Boundaries in the Southeast Quadrant shall be delineated in such a manner that new development, with public sewer and water, shall be directed to those areas contiguous to existing urban area is developed. A policy for "fringe" areas should be established." (page 80). In reviewing this section, the Planning Commission must answer a few questions. First, does the Commission support the goal of orderly growth outward from the urban core? If not, then we 1 PLANNING COMMISSION CITY OF SOUTH BURLINGTON Re: APPLICATION OF ART SHIELDS AND BILL SABILOSKI This matter came before the South Burlington Planning Commission pursuant to the provisions of Section 203 of the South Burlington Subdivision Regulations and Section 19.10 of the South Burlington Zoning Regulations on application of Art Shields and Bill Sabi- loski, hereinafter "Applicants" for approval to construct a four (4) unit multi -family residential building on a 1.23 acre parcel of land located off East Terrace as depicted on a four (4) page set of plans, page one entitled "Eastview Condominiums, South Burlington, Vermont, Site & Utilities Plan," prepared by Fitzpat- rick -Llewellyn, Inc. and dated October, 1990. This application for preliminary plat approval was considered by the Planning Commission at public hearings on December 4, 1990, January 8, 1991 and January 15, 1991. Based on the evidence submitted at the meetings and as part of the application, the Planning Commis- sion hereby renders the following decision on this application: Findings of Fact 1. Ralph E. Deslauriers, Jr. and Christina D. and James A. Smullen are the record owners of the property which is the sub- ject of this application. This property was purchased on Septem- ber 26, 1984 from Evangeline S. Deslauriers. 2. The subject property is an irregularly shaped lot with 50 feet of frontage on the easterly side of East Terrace. The bulk of the subject property is located easterly of #48, 50, 52 and 54 East Terrace. The subject property is presently unde- veloped and is bounded on the north, south and east by the Quarry Hill Club and on the west by single-family homes. This property is located in the R4 District with a small portion of the lot at the southerly end in the R7 District. 3. By their application, the Applicants seek approval to con- struct a four (4) unit multi -family residential building with associated parking, landscaping and utilities. 4. Access to the lot is via a 501 x 150' strip of land located between two (2) single-family homes which gives this lot 50 feet of frontage on East Terrace. This strip of land is part of the lot. Within this strip is proposed to be constructed a 24 foot wide paved roadway. 5. The building coverage on the lot would be 12.1% (maximum allowed by ordinance is 20%). Overall coverage would be 20.7% (maximum allowed by ordinance is 40%). All setback requirements would be met. 6. This project requires 9 parking spaces and 9 spaces would be provided. Parking space size and aisle width requirements would be met. 1 7. The minimum landscaping requirement for this project is $7,350 and this requirement would be met. 8. The sewer allocation for this project would be 1800 gallons per day. This allocation can be accommodated by the City sewage system. 9. The lot in question was once part of the Fiske Farm property, which was purchased by Roland and Evangeline Deslauriers in 1952. The boundaries of the lot were formed as a result of the De- slauriers having conveyed, through several transactions, all of the surrounding property. The lot is bordered to the west and north by lots 5C-10C of the so-called Green Mountain Park Subdi- vision (platted in 1952); to the east by the Cupola Golf Course/Quarry Hill property (conveyed by the Deslauriers in 1964); and to the south by lot 15 of the East Terrace Extension subdivision (conveyed in 1975). The lot was therefore created on July 21, 1975 when the last of the surrounding properties (East Terrace Extension) was conveyed by the Deslauriers. 10. The City of South Burlington first adopted subdivision regulations in 1958, which defined subdivision, in part, as "a division of any part, parcel, or area of land ... into lots or parcels three or more in number." (Section 102). The lots in the Green Mountain Park Subdivision, having been platted in 1952, pre -dated subdivision regulations and thus did not require subdi- vision approval. However, the lot at issue here was not included in that 1952 plat, and thus cannot be considered to be a grandfa- thered lot. 11. Subdivision regulations were in effect in 1964 when the De- slauriers conveyed the Cupola Golf Course property. However, this transaction created only two parcels - the Golf Course property and the parcel retained by the Deslauriers - and so subdivision approval was not required. 12. The 1975 sale of the East Terrace Extension property to Frank Geier did trigger subdivision requirements, as this convey- ance resulted in three lots having been created since subdivision regulations went into effect: i.e., the Golf Course property, the East Terrace Extension property, and the retained lot at issue here. Prior to conveying the East Terrace Extension par- cel, the Deslauriers obtained approval to subdivide that parcel into 17 individual lots. However, the lot retained by them was not included in the plat map which was approved for subdivision. Thus while the 17 lots in the East Terrace Extension subdivision received the required approvals, the lot at issue here apparently never did. Section 503 of the subdivision regulations then in effect required that the applicant show all existing property lines. Since the retained lot was not shown on the plat map, the requirement to show all existing boundary lines was not met. 13. East Terrace is a cul-de-sac street. There are presently 70 dwelling units more or less on this street. CONCLUSION 1. The lot which is the subject of this decision was created on July 21, 1975 with the conveyance of the East Terrace Extension lots to Frank Geier. Section 503 of the South Burlington Subdi- vision Regulations in effect on the date that the East Terrace Extension subdivision was approved required the applicant to show all existing property lines. Some of the boundary lines of this lot were in existence when this subdivision was presented and approved because of prior conveyances. These existing boundary lines were not shown on this subdivision as required. The Plan- ning Commission therefore concludes that the lot in question was illegally created on July 21, 1975 and has not subsequently been approved, so therefore the development of an illegally created lot can not be granted. 2. Section 401.1(7) of the current South Burlington Subdivision Regulations states in part that "the number of dwelling units served by a cul-de-sac ... shall not exceed 50." East Terrace presently serves 70 dwelling units. The Planning Commission concludes that the proposed development will not be in compliance with this section so therefore approval can not be granted. 3. Section 417(g) of the current South Burlington Subdivision Regulations requires that the Planning Commission evaluate any proposed major subdivision according to the standard that this development "will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with existing buildings and site characteristics ... ". The Planning Commission concludes that a four (4) unit multi -family dwelling adjacent to existing single-family dwellings would be an inappro- priate and incompatible use of the property. DECISION Based upon the above Findings of Fact and Conclusions, the Plan- ning Commission makes the following decision: The Planning Commission hereby denies the applicant's request for preliminary plat approval to construct a four (4) unit multi- family residential building for the following reasons: 1. The lot on which the development is proposed is not a legal lot in that it has not obtained a required approval. 3 2. The application does not meet the requirements of Section 401.1(7) of the South Burlington Subdivision Regulations. Four (4) dwelling units are being proposed on a cul-de-sac street (East Terrace) which presently exceeds by 20 units the maximum number of dwelling units allowed . 3. The application does not meet the requirements of Section 417(g) of the South Burlington Subdivision Regulations. A four (4) unit multi -family residential building would be inappropriate and incompatible with existing adjacent single-family dwellings, and therefore is not "aesthetically compatible with existing buildings" in the area. Dated at South Burlington, Vermont this of t 1991. Chairman of Planning Commission day 4 /fz/, �/ - I I. - li d 60 ,') 0 " 4- (.A-. ) ;;,� t,..) 1� 0 � 4 dc, 3 � bYRL .15V-3 fa a ,wi - *A r NTY ULAU Vol.,; 121 Pagen389 V bat WE, ROLAND J. DesLAURIERS and EVANGELINE S. DesLAURIERS, husband and wife of Bolton Valley in the County of Chittenden and State of _ Vermont Grantor s, in the consideration of --------- TEN AND MORE ------------- Dollars Paid to our fuZl satisfaction by T FRANK 1g. GEIER Of Burlington in the County of Chittenden and State of Vermont Grantee , by these presents, do freely (bebe, Grant, &tU, Conbtp anb Confirm unto the said Grantee J; FRANK S;K• GEIER and his heirs and assigns forever, a certain piece of land in South Burlington in, the County of Chittenden and State of Yermont, described as follows, viz: Being all and the same lands and premises as shown on a Plan entitled "Proposed Subdivision, East Terrace, South Burlington, Vermont" drawn by Warren Robenstein, L.S. dated June 1972 and revised June 1974 to be recorded in the Land Records of the City of South Burlington, being lots numbered 8A, 8, 7, 6, 5, 4, 3, 2, 1, 8B, 9, 10, 11, 13, 14, and 15 as shown on said Plan. Being a portion of the lands and premises conveyed to the within grantors by Warranty Deed of Fred Fiske dated September 3, 1952 of record in Volume 30, Pages 411-412 of the Land Records of the City of South Burlington. Reference is hereby made to the above mentioned instruments, the records thereof, the references therein made, and their respective records and references in aid of this description. Said lots 3, 4, 5, 6, 7, 8, 8A, 8B, 9, 10, 11, 13, and 14 being subject to a right of way from Quarry Hill Road, so-called, to lot 12 as shown on said Plan and other rights of way and easements as shown on said Plan. The right of way from Quarry Hill Road to lot 12 is only a temporary right of way. ----------------..._._. ._._.__.. S,. s 3 Q 1 39© i Zo babe anb to bolt said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee J FRANK jj . GEIER his heirs and assigns, to their own use and behoof forever; Ind we the said Grantors ROLAND J. DesLAURIERS and EVANGELINE S. DesLAURIERS for ourselves and our heirs, j executors and administrators, do covenant with the said Grantee . 1 , FRANK GEIER, his l heirs and assigns, that until the ensealing of these presents we are I the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that they are jFree from eberg encumbrance; j except as above stated i I i i� s Vo1..2121 Page 391 I i We, the said grantors, hereby engage to Marrant ana Mef enb the same against all lawful claims whatever, except as above stated. 3n Witnez.5 Ulbereof, hereunto set our hands and seal s this 21st day of July .d, D. 19 75. -1111presenre of Roland . DesLauriers 41 Ev aline S. :e�sLauriers 3 Mate of Vermont, gg. .4t Burlington thif Chittenden Countp 21st y of July J. D. 19 75 Roland J. DesLauriers and Evangeline S. DesLauriers personally appeared, and they acknowledged this instrument, by them sealed and subscribed, to b26�ww-o heir f e act and deed. Before me4 1 No tary Public ! ? t vermont Property Transfer Tit k 32 v.5.A. ChM 231 —ACKNOVJLcDGh1EN �" RMuru R.c'd.•-ia Ptd••:Aer •r',ant Ad "It Vt. land Us, 6 6nrW? Return.erk Sign — Date i Received for record July 25, 197, at 11:30 a.m. Attest:_�u� V. Vol. Pa F,e Fgt►1 1911 - VSRH(]rfi WAAIANi'Y DEED AXW11M �P I1P�Plt�� EVANGELINE S. DESLAURIER of Bolton in the County of Chittenden and State of Vermont Grantor , in the consideration of - -----------TEIN AND MORE---------------------------- --------- Dollars Paid to my full saWaction by RALPH E. DESLAURIERS,JR. and CHRISTINA D. and JAMES A. SMULLEN of South Burlington and Burlington,#, the County of Chittenden and State of Vermont Grantee by these presents, do freely Stu, (Snud, #tit, (form Aa moxhrm unto the said Grantee s RALPH E. DESLAURIERS, JR. an undivided one half interest; and CHRISTINA D. and JAMES A. SMULLEN, as Tenants by the Entireties, an undivided one half interest and their heirs and assijns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Yermont, described as follow,#, viz: Being an irregularly shaped parcel of land contain}ng 1:3 acres, more or less, bounded on the westby Lots 7C through 10C of East Terrace, as shown on the Plot Plan of Green Mountain Park Subdivi- sion, dated August 1952 and recorded in Volume 28, page 64 of the South Burlington land Records, and also•Lot 16 of East Terrace Extension; on the south and east by lands now or formerly owned by the Cupola Golf Course, Inc. d/b/a/ Quarry Hill Club; and on the northerly side by Lot 116 of the Green Mountain Park Subdivision. Being part of the lands and premises conveyed to Roland J. and Evangeline S. DesLaurier by Warranty Deed of Fred C. Fiske dated September 3, 1952 and recorded in Volume 30, Page 411 of the South Burlington Land Records. It is the intention of the Grantor that said Grantees take their respective undivided one half interests as Tenants in Common with no right of survivorship. v City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL (802) 658-7953 FAX (802) 6584748 C PLEASE DELIVER THE FOLLOWING'PAGE(S) TO: I =% WWJAVTJYXTm--! VWKF TELECOPIER NO.: DATE: /$ TIME: TOTAL NUMBER OF PAGES (including cover sheet): OFFICE OF CITY MANAGER CHARLES E. HAFTER IF YOU DO NOT RECIEVE ALL THE PAGES, PLEASE CALL (802) 658-7953. TRANSMITTED BY: COMMENTS: A 5T V I E W C dN465 Vol. 1 Papre w_ F _ ltll - YESMU di WAAAAM'Y D9W EVANGELINE S. DESLAURIER of Bolton in the County of Chittenden and State of Vermont Grantor , in the, consideration of -------------- TEN AND MORE---------------------------- --------- Dollars paid to my f uU satisfaction by RALPH E. DESLAURIERS,JR. and CHRISTINA D. and JAMES A. SMULLEN of South Burlington and Burlingtonin the County of Chittenden and State of Vermont Grantee by these presents, do freely (Star. G rvd. Or11. Mmmrg A b Q'iMMM unto the said Grantee s RALPH E. DESLAURIERS, JR. an undivided one half interest; and CHRISTINA D. and JAMES A. SMULLEN, as Tenants by the Entireties, an undivided one half interest and their heirs and assiins forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, tlx: Being an irregularly shaped parcel of land contain}ng 1:3 acres, more or less, bounded on the westby Lots 7C through 10C of East Terrace, as shown on the Plot Plan of Green Mountain Park Subdivi- sion, dated August 1952 and recorded in Volume 28, page 64 of the South Burlington land Records, and also•Lot 10 of East Terrace Extension; on the south and east by lands now or formerly owned by the Cupola Golf Course, Inc. d/b/a/ Quarry Hill Club; and on the northerly side by Lot 116 of the Green ?,fountain Park Subdivision. Being part of the lands and premises conveyed to Roland J. and Evangeline S. DesLaurier by Warranty Deed of Fred C. Fiske dated September 3, 1952 and recorded in Volume 30, Page 411 of the South Burlington Land Records. It is the intention of the Grantor that said Grantees take their respective undivided one half interests as Tenants in Common with no right of survivorship. Vn }iunr nab to alb said granted premises, with all the privileges and ap. ourtenances thereof, to the said GranteeS RALPH E. DESLAURIERS JR. AND CHRISTINA D. SMULLEN AND JAMES A. SMULLEN their heirs and assigns, to their own use and behoof forever; Ind I the said Grantor EVANGELINE S. DESLAURIER for them and their heirs, executors and administrators, do covenant with the said Grantees RALPH E. DESLAURItRS,JR. and CHRISTINA D. SMULLEN and JAMES A SMULLEN heirs and assigns, that until , the ensealing of these presents 'he sole owner of the premises, and have food rijht and title to convey the Same in manner aforesaid, that they are Jrrtt Srom ]Entry E nuuhnmrt: tereby engage to Wurruni Aub $tf"O the same against all lawful claims whatever, V4,4'e ' In Witntu Whrrrof. hereunto set � hhnd and seal :his '�-'7_`- x.be.� � �o .� day of _ . $once of Siu2t (�f �rrmnut, 88. �auttLtC%u.A�n JCL»Ga �L GI�ZG�tiKJ )ersonallcapPPeared, and y Ati sealed and subscribed, to b RAMWrd P"p" Ei"Or W Before AZe 32 V.S.A. Chap. 232 --A KNOWLEDGMENT- Kdturu ksc'd•—Jaw Paid—fioua of health Cot. kec'd. YL land Use i 4*vNopmat ebrx Act. cerL Reed. RaN in V this day acknowledged this `'.eikt,` bj-:'I e ate/ free act a Received for Record September 2R, 10,94 at 3:15 p.m. Attest. CITY CLERK 0 ks l■ FIN, a ®l ,Iwr DOOLEY - - - •---------•- --- ..-------•--------•-------- --------- •►-------- ------- •---------• b------•• ------- i EAST TERRACE r------ •� ------ •Y---------- .� ------ •Y---- 1, T-J, .. s.I••.. _. .. ^. - w..\- - - -- mom`,:-r`:' .t.. w....<, ..,... .,- ... r tNae:[Tw .w� LEGEND ---- PERIMETER PROPERTY LINE --- RICH F-OF-WA Y/EASEMENT LINE ------� OTHER PROPERTY LINE -i EXISTING CONTOUR ---� — -------- EXISTING WATER LINE/H1'DRANI --0---•Y-------- EXISTING SANITARY SEWER/MANHOLE ¢ --�'----."--------- EXISTING UTILITY VNE/UTILITY POLE •t PROPOSED WATER LINE/HIDRANT _.I_ Y PROPOSED SANITARY SEWER/MANNOLE PROPOSED UTILITY LINE/UTILITY POLE PROPOSED STORM SEWER17HLE7 S17 \ - BUILDING SETBACK LIMIT » PROPOSED CONTOUR PROPOSED EDGE c1_...-•f' _�~ n LOCUS OCT 1 \ �,.� City of So. BuMiington , NOTES I. PERIMETER PROPERTY LINE INFORMATION TAKEN FROM PLAN ENTITLED -PLAT OF SURYLY RALPH E. DESLAURIERS ,AR k CHRISTINA D B ..ESA. SMULLEN PROPERTY- BY WARREN A. ROWNSTI£N. LS. DATED DEC. 1988 1 EXISTING TOPOGRAPHY, UIVIILS AND SITE FEATURES TAKEN FROM PLAN ENTI FD £ASTMEW CONDOMINIUMS -SITE PLAN- BY RICHARD FARNHAM ASSOCIATES. DATED 1/11/89 A SM-PT.EWENTED WITH TOPOGRAPHY OBTAMED BY FITIPATR/CK-ILEWELLYN INCORPORATED SEPTEMRER, T990. .i OWNER OF ITECORD' RALPH B. DESLAURIERS, IR 100 OLD FARM ROAD SOUTH BURLINGTON, VERMONT 0540J JAMES lY CHRIS17NA SMULLEN N/i RORRIS A SEBRING ROAD SOUTH BURLINGTON, LERMONT 0540J •. ZONED: RESIDENTIAL 1 (RI) 5. TOTAL PARCEL AREA: 1.13 ACRES GRAPHIC SCALE �w ear I ® EAST VIEW CONDOMINIUMS - SITE & UTILITIES PLAN - F ���pQ4G°30Ca mn- Lu W m U Il V ocr`Iu0 MCORPORATED D !N1 VERMONT I 7 p I. )"At,I.'1"1 v b InlvUv—I L u 0 P CY.M �9i1 VkMVJ.T +�Kkn �T1 ,Ill.i� '�' h at EVANGELINE S. DESLAURIERS of Bolton in the County of Chittenden and State of Vermont Grantor , in the consideration of -----------------TEN AND MORE --------------------------------- Dollars paid to my full satisfaction by RALPH E. DESLAURIERS, JR. and CHRISTINA D. SMULLEN and JAMES A. SMULLEN of South Burlington and Burlingtonin the County of Chittenden and State of Vermont Grantees , by these presents, do hcely 49tvr. Cram. Srlt. (fonnrg A b Cauft m unto the said Grantees RALPH E. DESLAURIERS, JR. an undivided one half interest, as Tenant in Common with CHRISTINA D. SMULLEN and JAMES A. SMULLEN as Tenants" by the Entirety and their heirs and assigns forever, a certain piece of land in South Burlington in, the County of Chittenden and State of Vermont, described as follows, viz: SEE SCHEDULE "A" ATTACHED This deed is given for the purpose of amending and correcting the property description and the designation of the manner in which grantees hold title all as pertains to that certain prior warranty deed between the parties hereto dated September 26, 1984 and recorded in Book 209 at Page 167 in the South Burlington, Vermont Land Records. 'age EXHIBIT A Commencing at an iron pin set along the easterly right- of-way line of East Terrace Street, so-called, in the City of South Burlington, which point marks the intersection of lands now or formerly owned by "Oakes" and lands of Ralph E. Deslauriers, Jr., Christina D. Smullen and James A. Smullen, which point marks the northwesterly most corner of lands of "Oakes;" thence proceeding generally northerly along the easterly side of said right-of-way a distance of 50 feet to an iron pin set, which point marks the intersection of lands now or formerly of "Dooley" and lands of Ralph E. Deslauriers, Jr., Christina D. Smullen and James A. Smullen, which point also marks the northeasterly most corner of lands herein described; thence, turning right to form an interior angle of 90033" and proceeding westerly 150.40 feet to an iron pin set; thence turning right to form an interior angle of 40003130' and proceeding easterly a distance of 253.40 feet to a point; thence turning right to form an interior angle of 103024' and proceeding southerly, a distance of 319.94 feet along the common boundary of lands now or formerly of "Quarry Hill Club" and the westerly most boundary of the lands described herein to an existing common monument; thence turning right to form an interior angle of 28112'40" and proceeding northerly a distance of 58.60 feet to an existing common monument; thence turning left to form an exterior angle of 269°42'10" and proceeding easterly 40.14 feet to an existing iron pin marking the intersection of lands herein described and lands now or formerly of "McKenzie;" thence turning right to form an interior angle of 90°15'40" and proceeding northerly along the easterly.boundary line of 3 lots now or formerly of "McKenzie," 'Chadwick," and "Assembly of God" a distance of 239.96 feet to an existing iron pin, which lots are designated as lots 10-C, 9-C and 8-C respectively on that certain map captioned "Plan of Green Mountain Park" Fisk-Deslauriers Farm dated August 1952 and recorded in Book 28, Page 64 of the South Burlington, Vermont Land Records; thence continuing northerly a distance of 101.46 feet along the westerly boundary line now or formerly of "Oakes" aforementioned to an existing iron pin; thence turning left to form an interior angle of 88157'30" and proceeding westerly along "Oakes" northerly boundary line 149.97 feet to the point of beginning. In aid of this description, reference may be had to that certain survey map captioned "Plat of Survey Ralph E. Deslauriers, Jr. and Christina D. Smullen and James A. Smullen Property," East Terrace, South Burlington, VT dated December, 1988, drawn by Warren A. Robenstien, Reg. L.S., on which the land above described is depicted. Subject to "protective covenants" dated October 3, 8, and 9, 1952 �Pd recorded in Volume 22, Page 444 on October 9, 1952. Said restrictions pertain to restrictions on use (residential use only), set back and side yard restrictions, cost and quality of construction restrictions, -and nuisance provisions. Utility line easements and rights -of -way of record, none of which appear to impair the enjoyment and use of the subject land and premises. Reference is made to the aforementioned deeds and to all prior deetds and their records for a further and more particular description of the land and premises herein conveyed. To Bair anb to iialb sail granted prerreises, with all the pr, jes and ap- purtenances thereof, to c..z said Grantees RALPH E. DESLAURIERS JR. and CHRISTINA D. SMULLEN and JAMES A. SMULI and their heirs and assigns, to their own use and behoof forever; dnd I the said Grantor EVANGELINE S. DESLAURIERS for myself and my heirs, czecutors and administrators, do covenant with the said Grantee s RALPH E. DESLAURIERS, JR. and CHRISTINA D. SMULLEN and JAMES A. SMULLEN and their heirs and assigns, that until the ensealin j of these presents I am the sole owner of the premises, and have food ridht and title to convey the tame in manner aforesaid, that they are 3rsr ;rear Ev" Enr=brsatr. except as aforesaid; and I hereby engage to Warrant Anb Orfrab whatever, except as aforesaid. 31n 10ilnras Whrrrof. Grantor this _l day of �1lt P re%5Vlice lit �[�ic i-T r- STUN£ fti the same against all lawful ctairns hereunto set s her hand and teal April .1. D. 1989. Stair Tr 11rralnnt. .dt 1�7;'- this 'Znnnta Chittenden ~ day of April A. D. 1989 EVANGELINE S. DESLAURIERS personally appeared, and she aeknowiedged this irettrurnent, by her sealed and subscribed, to be her free act and deed. .Before me Notary Public h �Nfi rrrl P,42"-rr m W co i W C O v h c W J a b i a O W N Zw W Q 4� a W a O v 7 J z cn H ..7 W I o o � iw ' c' F w cow 3 o cn Q V Z W Z 4 > O w Q W W w El4 W U O cc 61 o a o > k7 U h � i ` �N.+ p ^mot a a00 Q Cr END OF DOCUMENT, o cn (AJ1 Z . ire- �oYq e t G�t'Tc r O 3e n �h J�,, L-,, k- I", m `J'i )TZt� -- i'Ax-TD�-c� — C A4 U,.�k p s Liz-7 $ C"t \..rc_ Az (.✓tom., 7V c f CCZ),:: 5s 7e-�-.p Z�2pv � - 1-- / A 'till F� 5 J/�j'/)j }��j/ 1 '- p9},)dam, ,� 1.u�[.'•.�'S �,�yy- "M" ^) �¢q�i ��� V +��II 9�8 +ice' 'sY1'}}►f _' ,� \l, 1/8/91 JW MOTION OF APPROVAL I move the South Burlington Planning Comm3i.SS3_0n, approve the Preliminary Plat application of Art Shields and Bill Sabiloski for construction of a four unit residential building on a 1.23 acre parcel of land as depicted on a four (4) page set of plans, page one entitled "Eastview Condominiums, South Burlington, Ver- mont, Site & Utilities Plan, "prepared by Fitzpatrick -Llewellyn, Inc., and dated October, 1990, with the following stipulations: 1. The applicant shall post a $7,350, 3-year landscaping bond prior to permit. 2. A sewer allocation of 1,800 gpd is granted. The applicant shall pay the $2.50 per gallon sewer allocation fee prior to permit. 3. The plan shall be revised prior to permit to show a manhole to serve the new 12 inch storm drain if the City Engineer does not find the proposed clean out adequate. 4. The applicant shall contribute $374 to the Williston Road Improvement Fund (Impact Area 1) based on the 3 additional peak hour trip ends to be generated by this development. 5. Legal documents for the drainage easement shall be submitted to the City Attorney for approval and recorded in the South Burlington land records prior to permit. 6. Approval of this application does not approve access over this lot to East Terrace for the property to the east. Access over this lot to serve the property to the east must be approved by the Planning Commission. 7. The Final Plat shall be recorded in the South Burlington land records within 90 days or this approval is null and void. Memorandum - Planning January 8, 1991 agenda items January 4, 1991 Page 6 Other: The revised plans have been submitted to all property owners at Lakewood. Bill Szymanski has not had an opportunity to review these plans. 6) EASTVIEW CONDOMINIUMS - PRELIMINARY PLAT At the December 4, 1990 meeting, the Planning Commission had asked that staff obtain answers to questions pertaining to this application. The questions and their answers are as follows: 1. When was this lot created? Attorney Adam Bridge has done some research on this question and believes that the lot was created on July 21, 1975 when a parcel of land which had been approved for a 17 lot subdivision (East Terrace Extension) was sold to Frank Grier. This subdivision which consisted of 17 lots was approved by the Planning Commission in July, 1974. Apparent- ly the lot in question was created at that time, but was never shown on the plat. Technically, the lot should have been shown on the approved plat. I hope to have a letter from Adam Bridge which better explains this issue available at Tuedays' meeting. 2. When was the 50 unit provision in the subdivision regulations adopted? May 1976. 3. When did current property owner obtain land? September 24, 1984. 4. When was parcel rezoned to R-4? early 1980's. Also enclosed is my memo dated 11/30/90. 7) DISCUSSION. PCD'S IN I-C ZONE Enclosed is a packet of material which has been developed or collected over the past 2 years for the various discussions on this issue. This packet is included in order to bring the Com- mission up to date on earlier discussion and direction. Enclosed info includes the following: o Memo and minutes for 10/11/88 Planning Commission meet- ing. o Memo and minutes for 5/9/89 Planning Commission meeting. 1.1 Memorandum - Planning December 4, 1990 November 30, 1990 Page 3 Other: Fire Chief Goddette has reviewed these plans and does not see a problem in providing emergency protection. 5) EASTVIEW CONDOMINIUMS - PRELIMINARY PLAT This project consists of the construction of a four (4) unit multi -family dwelling on a 1.23 acre lot located off East Ter- race. This property is in the R4 District with a small portion of the lot at the southerly end in the R7 District. The Planning Commission reviewed the Sketch Plan on August 7, 1990 (minutes enclosed). This property is bounded on the north, south and west by the Quarry Hill Club and on the east by Single --family homes. Access/Circulation: Access to the lot is via a 50'x 150' strip of land located between two (2) single-family homes which gives this lot 50 feet of frontage on East Terrace. This strip of land is part of the lot. Within this strip will be constructed a 24 foot wide paved roadway. Coverage/setbacks: Building coverage is 12.1% (maximum allowed is 20%). Overall coverage is 20.7% (maximum allowed is 40%). All setback requirements are being met. Parking: The project requires 9 parking spaces and 9 spaces will be provided. Five (5) of these spaces are outside while the remaining four (4) spaces are in the garages. Parking space size and aisle width requirements are being met. Landscaping/screening: The minimum landscaping requirement for the project is $7,350 and this requirement is being met. The landscaping will include Paper Birch, Green Ash, Honeylocust, Spruce, Pine and Willow trees in addition to shrubs such as Dogwood, Forsythia and Honeysuckle. Staff recommends that a berm be placed directly in front of the five (5) space parking area to shield headlight glare from the adjacent property to the east. We further recommend that the willow and ash located between the parking area and the easterly property line be replaced with four (4) Norway Spruce to further screen this parking from the adjacent residential property. The dumpster will be screened by a four (4) foot stockade fence. Sewer: The applicant will be required to pay $2.50 per gallon for sewage. The sewer allocation for this project is 1800 gpd. 01 Memorandum - Planning December 4, 1990 agenda items November 30, 1990 Page 4 Other The Planning Commission had asked for a legal opinion with regards to the applicability of Section 401.1(7) which limits the number of dwelling units served by a cul-de-sac to 50 units. Please refer to the legal opinion from Steve Stitzel which was distributed to you last. week. Fire Chief Goddette has reviewed these plans which include his recommendations. rie t.nerefore does not see a problem in provid- ing emergency protection. 6) JASON'S DRY CLEANING. PICK-UP STORE, 370 DORSET STREET Jason's Dry Cleaning proposes to use 424 square feet of the Drake Bakeries building at 370 Dorset Street as a dry cleaning pick-up store. They will not use any dry cleaning equipment or produce any hazardous waste. They will occupy that portion of the build- ing closest to Dorset. Street. This property is located in Central District 2 and is bounded on the south by the New England Floor Covering building, on the east by a Pizzagalli warehouse, on the north by San Remo Drive and on the west by Dorset Street. The Zoning Board of AdJUSLment granted a conditional use permit for this multiple use on November 12, 1990 (minutes enclosed). Access/Circulation: There is presently no curbing along Dorset Street giving the property a 100 foot curb cut. The Dorset Street reconstruction will result in a 30 foot curb cut which will serve this property and the property immediately to the south. There is a 72' wide curb cut on San Remo Drive. There is also a right-of-way extending westerly from the new curb cut on Dorset Street to provide legal access to this property. The circulation pattern at present is adequate given that some cus- toii,ers wiil park in c.iie front. After widening, the situation will be that there wi_ l riot be _-,pace enough for parking in the front. We know from a practical point of view that customers will be parking in this area even though not allowed. Parking: The proposed use requires three (3) parking spaces and the Drake Bakeries warehouse requires 3 spaces for a total of six (6) spaces required. The plan submitted shows a total of 6 spaces. Under the present conditions, parking in the front for drop-off and pick-up does not. pose a problem. Conditions after the widening would not allow for adequate space in front of the building for parking so staff recommends that the three (3) re- 4 �1 f^,� /��/��. .. _,__�.�--.--,e«�. �� .. ��%'`� ,' " � �� �, �" �'�'° /� �- �F� �, �� �' \ ��r/�+�"�t��, Y Y�. Yyy,;�v� u 1� � A�"i..ey A.r^ l /sJ`,-��► V ��� r ` f a ff may. PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 December 17, 1990 ZONING ADMINISTRATOR 658-7958 Warren A. Robenstien P.O. Box 171 Winooski, Vermont 05404 Re: Survey for Ralph DesLauriers, Jr. & Christina & James Smullen, East Terrace Dear Mr. Robenstien: This letter is in regards to the above referenced perimeter survey of a 1.23 acre located on the easterly side yard of East Terrace. This property is presently under review by the South Burlington Planning Commission for development of a four (4) unit multi -family dwelling and on the application you are listed as the surveyor. I am trying to determine when this lot was subdivided into its present configuration. I have checked City records including plans and deeds and can find no record of this subdivision. Could you therefore please provide me with the information you used to determine that indeed the parcel had been subdivided so this information can be passed along to the Planning Commission. Thank you for your cooperation. Should you have any questions, please feel free to contact me. Since ly, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp 12/4/90 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Preliminary Plat application of Art Shields and Bill Sabiloski for construction of a four unit residential building on a 1.23 acre parcel of land as depicted on a four (4) page set of plans, page one entitled, "Eastview Condominiums, South Burlington, Vermont, Site & Utilities Plan," prepared by Fitzpatrick - Llewellyn, Inc., and dated October, 1990, with the following stipulations: 1. The applicant shall. post a $7,350, 3-year landscaping bond prior to permit.. 2. A sewer allocation of 1,800 gpd is granted. The applicant shall pay the $2.50 per gallon sewer allocation fee prior to permit. 3. The plan shall be revised prior to permit to show a manhole to serve the new 12 inch storm drain if the City Engineer does not find the proposed clean out adequate. 4. The applicant shall contribute $374 to the Williston Road Improvement Fund (Impact Area 1) based on the 3 additional peak hour trip ends to be generated by this development. 5. Legal documents for the drainage easement shall be submitted to the City Attorney for approval and recorded in the South Burlington land records prior to permit. 6. The Final Plat shall be recorded in the South Burlington land records within 90 days or this approval is null and void. — (i La�t alvtj T"—, 0- z�-FA ` rt� 1 1 s 6"a -S uYjtC fir, , err _ `�7 X co-9 AOM f9 ;,wv 49 (2-5 no Q19 M E M O R A N D U M To: Pro i ect. Files From: William Szymanski, City Engineer Re: Preliminary Comments, December 4 and December 11, 1990 agendas Date: November 16, 1990 COUNTRY_ PARK APARTMENTS, HINESBURG ROAD 1. Site plan shows building being constructed on top of an existing storm drain. This drain shall be removed or capped and abandoned. 2. The building shall include foundation drains outletting inter a catch basin. This should be shown on the plans. 3. The connection structure between the old and new building is on top of an 8 inch watermain serving the condo development to the west. This watermain must be relocated. LAKEWOOD COMMONS, SHELBURNE ROAD Plans dated 10/5/90 prepared by Trudell Engineering are accept- a`,le . �' -1 V ,moo e7 0 EASTVIEW CONDOMINIUMS. EAST TERRACE 1. The 12 inch storm drain along the north side of access drive shall include a manhole where it connects to existing culvert. This storm sewer shall be plastic or concrete pipe not metal. 2. The adequacy of the water supply for fire protection was requested. This, information has not been submitted. 3. The long headwall along the south side of the access drive should have a guard rail along the top of it because it is only about 3 feet from the edge of the driveway. 4. Relocating the power lines along the northerly side of the lot conflicts with the proposed landscaping also for the view in that direction. These lines should be placed underground or located elsewhere. Project Files Decmeberr 4 and December 14, 1990 agenda items November 16, 1990 Page 2 5. Since the storm drains referred to in comment one above drains East Terrace, a 20 foot easement should be deeded to the City. L & M PAPJ�.. SHELBURNE ROAD 1. The following stipulations of the June 16, 1990 meeting have not been complied with: a) Depressed concrete curbs across all driveways. b) Minimum width of grass strip between curb and sidewalk shall be 5-feet. This is important for snow storage. 2. The traffic signal support pole for the Shelburne Road inter- section is in the new sidewalk. It should be moved beyond the sidewalk and easement granted. 3. Storm sewer inlets and catch basins, with open grates, shall be adjusted to grade with precast concrete risers not bricks. 4. Sidewalks shall be continuous across driveways at a uniform grade, not depressed. The concrete thickness shall be 8 inches:. LOW LEVEL ' Ml [')ESIU I/ II/ III/ I`✓ VIA 1�710� HE b SPAULDING 1- INDALUX r'✓IODL SIO I & I SOFOOTCANDLE Ct.l1 VE`,,� (HORIZONTAL) LUMINAIRE SERIES: MOI-100-HPS MEMO MRSENFAI i iiup,pipmol 0-0—MR001 Boom01 WuL��� MO II This report has been prepared in accordance with IES guides on testing procedures. It is representative of luminaires tested under standardized and stabilized laboratory conditions. Various operating factors can cause differences between laboratory data and actual field performance. ORDERING INFORMATION LAMP SQUARE MODEL ROUND MODEL DESCRIPTION WATTS ORDER NO. MODEL NO ORDER NO. MODEL NO. MERCURY VAPOR _.— __1 inU%N---_-_-MG)I-i00 UX P1!,21-018 --_- M(d1 100-I)X ;I9!i24-012 -,_-,- 42" HIGH 13011_Alit) METAL HALIDE l ooVv MOI- I00-M r,71 (r>r; M011 I ) M 1 1,",,1-0;,0 4, I IIGI i I V)l I Atli) 175W MOI-175 M 39521-018 MOII-175-M 39524-012 42" HIGH BOLLARD HIGH PRESSURE SODIUM `J 70W MUI-70 I I(':3 �., 100W MOI 100-HPS 39521-026 r it 111 70 111 M0II-100 HPS 111 11 r) 39524-020 i I IIC,I I I,F )I I nr111 42' HIGH BOLLARD INCANDESCENT i.`,oWt 1t )l 150-INC tt)!i21 018 r 1O11 1 WH 1� 39,3 012 1% 111(i) I IRA I. AF10 NOTE: Specify voltage, 120, 208, 240, or 277 volts. Incandescent are 120 volts only. UL All units are U.L. listed. ~ 1 � L�1C1C�lf-L `11'(1RQ5) n� c� , INDALUX 3 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 30, 1990 Mr. Art Shields AF Shields Real Estate 337 College Street Burlington, Vermont 05401 Re: Eastview Condos, East Terrace Dear Mr. Shields: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, December 4, 1990 at 7:30 P.M. to represent your request. Si cerely, W .. oe Weith, City Planner 2 Encls cc: Lance Llewellyn JW/mcp RELOG /�T ®AUTI4TY POLE x VT-�Twue@Vo% ®T4TT� u:°�,°�,, a LEGEND I PERIMETER PROPERTY LINE �4e1 --- RIGHT-OF-WAY/EASEMENT LINE yN � --- --- OTHER PROPERTY LINE Po`ocaTa vT,rTY A EXISTING CONTOUR )--ew-------- EXISTING WATER LINE/HYDRANT / ---0'---e•s-------- EXISTING SANITARY SEWERMANHOLE fj n r o \ a'+w-------- EXISTING UTILITY L/NE/UT/UTY POLE ( 2"w PROPOSED WATER LINE/ HYDRANT q, , \� 4'5 PROPOSED SANITARY SEWER/MANHOLE PROPOSED UTILITY LiNE10TILITY\=�paN/F QUARRY HILL CLUB —�W PROPOSED STORM SEWER/INLET POLE SI TE \� •\ — — -- — -- -- — BUILDING SETBACK LIMIT �'� \ V. qq� �.,` \ \ -�' —�" PROPOSED CONTOUR AR sT scTaec.lc ^ \ \/;4 q�y �� I \ \ PROPOSED EDGE OF PAVEMENT of I `\_� '+� _''� --,mow,..«s ••.w-��.��._ N/F.OUARRYHILL CLUB \\ W LOCUS 10, \ \\ \ 50 W M,(J H —� \ \` , ~<Tm�C4 \\\ 'o• HIL cue �� \ ` \ \\ _ \_ NOTES — `b ",aTrl4GK 1. PERIMETER PROPERTY LINE INFORMATION TAKEN FROM PLAN ENTITLED `00 'PLAT OF SURVEY RALPH E. DESLAURIERS, JR. & CHRISTINA D. & a n �� \y , JAMES A. SMULLEN PROPERTY" BY WARREN A. ROB£NSTIfN, L.S. 10146, 239_96' -- o \ DATED DEC 1988 / '� J — ' ✓ 2. EXISTING TOPOGRAPHY, UTILITIES, AND SITE FEATURES TAKEN FROM �'` PLAN ENTITLED EASTVIEW CONDOMINIUMS -SITE PLAN" BY RICHARD F¢ovosaD ww t c '" Ali : tJ5L4Ln e.r�la LE.Icb �l , FARNHAM ASSOCIATES, DATED 2122189 AND SUPPLEMENTED WITH 21x, 92oD �� OFO W EO 1T E IL' TTOPOGRAPHY OBTAINED BY FITZPATRICK-LLEWELLYN INCORPORATED SEPTEMBER, 1990. 3. OWNER OF RECORD: RALPH B. DESLAURIERS,JR. N. n'1 ~TOW" H 100 OLD FARM ROAD rws r MH I uv Qom. o SOUTH BURLINGTON, VERMON F 05403 u'N 92.51 /N 8z76 �� -- ' 1 1 JAMES & CHRISTINA SMULLEN y t 7 g0 by, \ ez _ ao N/£ RORRIS 4 SEBRING ROAD SOUTH BURLINGTON, VERMONT 05403 I\1 yr - . I b, IM GLGv. 93.3 DOOL£Y�y I WiCK 1 N/F MCKENZIE I 4. ZONED: RESIDENTIAL 4 (R4) N/F OAKES I N/F ASSEMBLY OF COD CHURCH N CHAD r--� "„ 1 /aPP20Xl/n /aTE LOGITION 93- ' X� 9� or• Hoass s�¢vtc� t I ' 5. TOTAL PARCEL AREA: 1.23 ACRES — I 79 —9s— v 1 1 GRAPHIC SCALE 1 I `� ■XItiTIN4 4R'vRl - -- -�-- .I 150.00 J ( IN FEET ) -� - _-_ --- -__ --- ___ __ --_ __- ___ _ _-_ - 1 1 nc h 20 tt -----a'w_---------8'w-------- a•w-------e'w-------- d"w-------- e'w-------- e'w-------- a'w-------- e'w-------- e'w-------®'w--'-----e'w--- �= EAST VIEW CONDOMINIUMS EA S T TERRACE SOVM BVRLINGTON KRMON] ----tt•'"-e's------- I ---- --aj� e's---- i3`3----e"5'--------a•�--------e's-------- e's-------e's-------- e"s-- e's--------e's-----0-------e's-------- --- ----a+w-------�"w------'�w------�w-----�w-------- (rrw-------- �w`-------a"w-------- �w"------- �w`-------at-a+w--------,,,w-------- & UTILITIES PLAN eS#TL"NO THOw4041Ae1r RL14t®I.4 T1G.1-M101 P 61FR- OO. Mc6NXGT W ITI I 4S- ^ /M--R/h a8.19 1f;9 ^^9000. w%�5K_ O.rz INV. IN (NORTH) 9'117 LLEwELLv� -.1 I14V-IN (roou TH) 99.69 OCT 1990 wv. ot,Tce�sT> e9.'I' SLY INCORPORATED w+ �anewr. NID au"r,»,c -ICES D 3642 NO DATF DrsCRIPTION BY WILLISTON - ONT 1 a' 2 PLANNING COMMISSION 7 AUGUST 1990 page 3 4. The building ermit shall -be obtained within 6 months or this approval is null and void. 5. The lan shall be revised to no longer indicate enclosure of the court ard. 6. The landsca in shown on the- lan from the revious a r--oval of the Howard Johnson's Restaur-ant,ex ansion (9/26/8 shall be in- stalled before issuance of a building permit. Mrs. Maher seconded the motion which was then asked unanimousl 5. Sketch Plan a lication of Art .Shields and Bill-Zabiloski_for construction of a 4-unit residential buildin on a 1.23 acre parcel off East Terrace Mr. Shields said they have an option to buy the land which they propose for condominiums. They would build on the northeast side of the lot and access via a private 24 ft. driveway. There would be a total of 11 parking spaces, including garages. Building coverage would be 12% with 34% lot coverage. He noted the Deslauriers are reserving a right of way for access to their Quarry Hill property. Mr. Duff said the building would be one story with 4 units. Mrs Maher said the Planning Commission and neighbors feel that the right of way might result in a lot of traffic if there were an ingress/egress to the back protion of land. She asked if the Com- mission could approve the plan without approving the right of way. She said she could foresee the argument being used some day that the Commission approved the right of way and therefore it can be used. Mr. Burgess felt the Commission could make it clear it was not their intention that the 24 ft. right of way would ever be allowed to be used to access the back property. Mrs. Dooley said the neighbors' #1 concern was the access which might be used to the commercial property. They are also concerned that the condos will generate more traffic than a single family home would. They would like a buffer on both sides of the drive- way. They are also concerned with possible student rentals (from a traffic standpoint) and with drainage. Ms. Kaplan added they are also concerned about burying gas lines because there would have to be blasting. Mr. Austin said they are already over what is allowed on a street with one access. Mrs. Maher said she would prefer one or 2 single family homes there. Ms. Peacock felt the City Attorney should be PLANNING COMMISSION 7 AUGUST 1990 page 4 consulted to see if the Commission can deny the application because of the number of homes with only one access. A poll of members showed the following: Ms. Pugh had a problem with the reserved right of way. She was also not, supportive of condos in a single family neighborhood. Mrs. Maher wanted an opinion from the City Attorney as to whether they can approve just 2 units. Mr. Austin wanted an opinion on the right of way from the City Attorney. He said he would rather see this property ac- cessed from Quarry Hill, not the other way around. Ms. Peacock was less concerned about the right of way providing the wording was adequate. 6. Site Plan application of .Paul Choiniere for construction -of -.a 900 sq.-ft. addition for automobile service use, PJ=s Auto Village, Williston Rd Mr. Dugan said they will increase the green space, removing some paving before the curb cut and grassing it. The carports will come down. Two sections of the carports will be relocated against the boat barn. Mr. Burgess asked if that isn't supposed to be landscaping. Mr. Dugan said it is to be grassed. Mr. Burgess said that would be reducing what should be landscaping to park boats on it. Mr. Dugan said there will be green space all along the road. Ms. Pugh asked how the Commission can insure green space there isn't used for parking boats and cars. She asked if the area can be curbed or designed so things can't be parked there. Mr. Burgess noted the applicant hasn't done what they said they would do in the way of landscaping under their last approval. Regarding parking, Mr. Burgess questioned parking space size near the boat showroom. Mr. Dugan said the spaces will be the stipulated size. Mr. Weith noted that $900 in landscaping is due for this addition and $2500 is owed from the previous boat barn approval. Ms. Peacock noted they were deficient in landscaping from the approval prior to the boat barn approval. Regarding drainage, Mr. Llewellyn said there is no new drainage proposed and no new paving. They prefer not to put in a sidewalk but will do it if stipulated or pay into a sidewalk fund. Mr. Weith suggested a payment to the fund as there are long-range plans to widen the road. Mrs. Maher said she would only vote to approve a plan that insured the front green area is not used for car display. Ms. -Peacock moved to continue the application until 21 August and that -the a licant rovide at that time a landscape plan for the runt -area that will revent- arking of cars there�__Mrs.-Maher seconded:_ -Motion -passed unanimously M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: December 4, 1990 agenda items Date: November 30, 1990 5) EASTVIEW CONDOMINIUMS EAST TERRACE ,-I. The 12" storm sewer shall be plastic or concrete not metal. (2. Landscaping along the north property line conflicts with the relocated power line. The power lines also conflict with the view in that direction. All other comments in the November 16, 1990 memo have been ad- dressed. 6) JASON'S DRY CLEANERS, 370 DORSET STREET 1. The Dorset Street widening r.o.w. will be approximately 22' from the existing building. All access to this property is planned from San Remo Drive. 2. The back (easterly) portion of lot should be leveled top soiled and seeded. 3. The area reserved for parking and driveway should be as planned in conjunction with the Dorset Street improvements and shown on the plan. Except for the curb along San Remo Drive, the entire area including the Dorset Street side is black top and a driveway. 7) BURGER KING RESTAURANT, WILLISTON ROAD Site plan titled Burger King Restaurant dated 11/14/90 is accept- able. M E M O R A N D U M To: Project Files From: Joe Weit.h, City Planner Re: Preliminary comments, December 4 and December 11, 1990 Agenda items Date: November 16, 1990 1) LAKDWOOP COMMONS FINAL PLAT Plat submitted does not comply with Section 512 of the subdivision regulations and the Vermont Plat Law since some of the lettering can the: plat iL le---- than 1;'10th of an inch in height. Need detailed information for easterly boundary of 30 foot and 40 foot right-of-way including length of straight lines, radii and length of curves. Limits of the southbound left turn lane needs to be shown. At preliminary approval 388 parking spaces were approved, the plan on page SP5 shows only 374 spaces leaving the plan 14 spaces short and page SP2 shows only 371 spaces. Note #8 on page SP2 states that 398 spaces are provided. All plans should show a minimum of 388 spaces and the note corrected. 2) EASTVIEW CONDOS, PRELIMINARY PLAT Additional information needed: Proposed landscaping is approximately $1200 short of the requirement. Exterior lighting details, if any are proposed. Indicate type of screening proposed around dumpster. At the last meeting, the Commission raised a question concerning a requirement that a maximum of 50 units are allowed on a cul-de-sac. The City Attorney has provided an opinion that the Commission has the authority to deny the application since there are over 50 units served by the Eastwoods cul-de-sac. 3) CPA PARTNERSHIP. REVISED FINAL PLAT Additional information needed: Plat must show proposed addition and parking areas. Indicate what type of screening is proposed for the new dumpsters. Total cost of project. OF 8 CLUSTER HOUSING All elements of the design need to be tackled at the same time without worrying about detail, size, or exact scale. Broad felt -tipped pens and easy flowing lines may be used to create bubble diagrams of road and cluster locations. Topography is the significant design determinant because it must be considered in all circulation, open space, and house layouts. A coordinated response to topography auto- matically and naturally brings each system into accord with other elements of the environment; i.e., all elements of the scheme flow together. Topography is also a structuring device which gives form to any community. Roads may be located either parallel or perpendicular to the contours. Roads parallel to the contours require exten- sive cross -sectional grading but allow easy access' to downhill units and open views for all units, while roads perpendicular to the contours minimize grading but cause difficult unit access problems and limit views. As with all extremes, there are compromise solutions, such as a diagonal street. Other aspects of road alignment the planner should consider are: Figure 4.139 Figure 4.138 p •-_. / [ =3 CZ3 O t':;;-L�- 1--� �\ rarely possible, conflicts between pedestrians and automo- biles can be minimized and roads treated according to the !j \ severity of the problem. Separating auto from pedestrian traffic should occur when large numbers of pedestrians are forced regularly to cross a street or when large numbers of autos conflict with pedestrian movement. cu�n Although many sites abutting an existing county road are easiest to develop by connecting several cul-de-sac access \ roads to the county road, development identity will be diffi- cult to achieve because the access roads will not be con- nected to each other. If suburban clusters are to relate to each other, an internal local road is in order. • Avoiding difficult topography where possible, and trying not to cross streams or steep valleys with roads. If they must be crossed, the feasibility of a bridge crossing, with pedestrians moving under the road, should be explored. • Relating roads to topography. If land forms are hilly, a cur- vilinear route paralleling one contour may be appropriate. Following the contours with an easy gradient provides comfort for pedestrians. Steep roads or long grades require extra power for the auto to traverse, creating bothersome noise. • Designing roads to take advantage of unfolding views and vistas and focusing attention on desirable visual elements. • Determining the natural drainage pattern and siting roads so the drainage pattern can be maintained. Road Patterns for Small Sites A prime site planning objective is to combine the space allocated for housing, open space, and circulation into arrangements separating pedestrian traffic from automobile traffic. Although this is Figure 4.140 Long Culs-de-sac Confining automobiles to the periph- ery of the site on long cuts -de -sac is one way to create inter- connected, separate pedestrian ways. This branching pattern is highly efficient and desirable. But, because it has only one exit, auto traffic can become congested. How long is a long cul-de-sac? The FHA suggests 400 feet maximum, but the authors suggest 1000 feet, which allows deep penetration into the site, opens up pedestrian areas, -406- l CLUSTER HOUSING 4.18 Figure 4.141 minimizes the need for local roads. However, 1000 feet requires careful planning to prevent confusion and to assure safety and convenience. A mid -way cul-de-sac would allow some people to turn around without traveling the entire length. Ncxinnufn l 00-0 Ml1D-MlR: T�NAJOPUND \«r,L ay.w � c L.o«aL_ Figure 4.142 "MOM qu o Fire trucks must have adequate passage in every site plan. (It should be pointed out that fire trucks are becoming smaller in size, and more flexible in turning, and that most firemen reach a fire even if they have to cross lawns or other land- scaping.) Often the open space system can be used for emer- gency access. At this point it is worth mentioning that road alignments should allow enough room for development, with the road either along the edge of the development serving one direc- tion, or entering near the center and serving both directions. Often there is no choice, since topography forces roads along more level portions for cost efficiency and ease of use. Roads in the middle of the site divide it into two open space systems with half the units relating to each space, rather than to the whole. If the site i5 large, this is not a problem, but if it is small, the road should be aligned closer to one side and a single centralized open space developed. The road may be single -loaded or double -loaded. Double - loaded roads, which should be used where possible, are more efficient and cheaper to build since costs are shared by units on both sides. The site planner must be prepared to defend the use of a single -loaded roadway. The Ring Road, related to the grid, encircles the site as a large loop near its perimeter and serves interior units, or as a tighter loop closer to the center, it serves units on both sides. If the road is placed next to the property line, at least 15 feet of buffer should be left and the space carefully planted. Native plant materials are most appropriate, since property line edges are seldom adequately maintained. Locating units between a ring road and the property line is a tricky task, which can most easily be accomplished by placing large fam- ily units outside the ring road, with direct auto access and oversized private gardens. Large private gardens take the place of public open space for these units. A row of single- family units also softens the transition between two proper- ties, and often eases neighborhood concerns about higher - density development. If the property abuts a park or other Open space, at least 25 feet should be reserved for pedes- trian circulation and units faced onto the adjoining space. Roads serving a small number of these units may weave around trees, be narrow in places, or be looped with one - �/ / ..... :. `. � ...�' , •.,;• ��� gal' 71 LOCAL ROAD Y~ 6ERV1W-v -Noft, Figure 4.143 —407— Figure 4.14 Subcollector street. Standard Criteria for Subcolleetors* Figure 4.15 Subcollector street. TYPES OF STREETS 4.4 Ordinary terrain Rolling terrain Hilly terrain Right-of-way width 60 ft (18 m) 60 ft (18 m) 60 ft (18 m) Pavement width 32 ft (9.7 m) 34 ft (10.3 m) 34 ft (10.3 m) Type of curb Vertical face Vertical face Vertical face Sidewalk width 5 ft (1.5 m) 5 ft (1.5 m) 5 ft (1.5 m) Sidewalk distance 6 ft (1.8 m) 6 ft (1.8 m) 6 ft (1.8 m) from curb Minimum sight distance 200 ft (61 m) 150 ft (45 m) 110 ft (33 m) Maximum grade 4% 8% 15% Maximum cul-de-sac 500 ft (151 m) 500 ft (151 m) 500 ft (151 m) length Minimum cul-de-sac 50 ft (15 m) 50 ft (15 m) 50 ft (15 m) radius (right-of-way) Design speed 30 mph 25 mph 20 mph Minimum centerline 250 ft (76 m) 175 ft (53 m) 100 ft (33 m) radius *These figures are for medium -density development (2-6 units per acre). (Source: Performance Streets.) Energy -Efficient Criteria for Subcollectors Alternative a Alternative b Right-of-way width 50 ft (15 m) minimum 26-30 ft (7-9.9 m) Pavement width: With curb 22-26 ft (6.7-7.9 m) Without curb 20 ft (36 ft with parking) 20-24 ft (6-7.3 m) (6 m-11 m with parking) Sidewalk width 2 ft (0.6 m) on one side Sidewalk distance from curb 0 ft (0 m) Minimum sight distance 300 ft (91 m) Maximum grade 8% Maximum cul-de-sac length 1000 ft (303 m) Minimum spacing 125 ft (38 m) Design speed 30 mph Minimum centerline radius 140 ft (42 m) Maximum grade at intersection 5% for 50 ft (15 m), none parking permitted Driveways permitted from 40-100 ft (12-30 m) apart (Source: Performance Streets.) -345- 4.4 TYPES OF STREETS SUBCOLLECTOR COLLECTOR Figure 4.16 Street patterns. Figure 4.17 Access road section. Standard Criteria for Residential Access Roads* Ordinary terrain Rolling terrain Hilly terrain Right-of-way width 60 ft (18 m) 60 ft (18 m) 60 ft (18 m) Pavement width 32 ft (9.7 m) 34 ft (10.3 m) 34 ft (10.3 m) Type of curb Vertical face Vertical face Vertical face Sidewalk width 5 ft (1.5 m) 5 ft (1.5 m) 5 ft (1.5 m) Sidewalk distance from curb 6 ft (1.8 m) 6 ft (1.8 m) 6 ft (1.8 m) Minimum sight distance 200 ft (61 m) 150 ft (45 m) 110 ft (33 m) Maximum grade 4% 8% 15% Maximum cul-de-sac length 500 ft (151 m) 500 ft (151 m) 500 ft (151 m) Minimum cul-de-sac radius (right- 50 ft (15 m) 50 ft (15 m) 50 ft (15 m) of -way) Design speed 30 mph 25 mph 20 mph Minimum centerline radius 250 ft (76 m) 175 ft (53 m) 110 ft (33 m) 'These figures are for medium -density development (2-6 units per acre) (Source: Performance Streets.) —346— ,:COMMENDED GUIDELINES F )UBDIVISION STREETS {+ 34 ROADWAY �'_T 4AFNWN'•I 5 N 7 rni�� / VERTICAL CURBS BORDER AREA r SIDEWALK - WALK OFFSET FROM RIGHT-OF-WAY LIMIT FIGURE 2. Typical Cross -Section 1 ft. = 0.3m Depending on utility placement, a meandering of the sidewalk placement within the border area may be consid- ered. Such alinement may be more vis- ually appealing, and may allow saving of trees or other major plantings, avoid rock outcroppings, etc. However, this should not be regarded as a justification for locating long sections of walk near the street edge. In addition to sidewalk width and placement, several physical factors should be considered: a. Provide proper traction by use of a roughened surface. b. Establish a maximum grade con- sistent with local conditions. In cold climates subject to icing, this grade is especially important. c. Provide a minimum lateral drain- age slope (normally 1 to 2 per- cent). d. Avoid use of steps where sidewalk ramps can be substituted. 2.03.08. Minimum Sight Distance. Design values for safe stopping sight distance are recommended as shown. They are calculated for wet pavement conditions at the various design speeds listed in Reference Number 2.03.13, De- sign Speed (Table 1). These sight distances should be provided on both horizontal and vertical curves. For hori- zontal curves, the distance is normally checked by direct scale from the mid- point of the curb lane. The minimum vertical curve length required is readily calculated by multiplying the algebraic difference in grades, times a K factor. Rounded K factors for the speed range in Table 1 are as follows: 20 MPH, K = 15 for crest and 20 for sag curve 25 MPH, K = 20 for crest and 20 for sag curve 30 MPH, K = 28 for crest and 35 for sag curve (with proper street lighting, K = 20 for sag) 2.03.09. Maximum Grade. The maximum permissible grade rep- resents a compromise between con- struction costs and traffic safety. This allowable grade must increase as diffi- culty of terrain increases. The 4 percent recommendation for level terrain, 8 percent for rolling terrain, and 15 per- cent for hilly terrain are suggested as reasonable design values. In areas having severe winter icing conditions, maximum grades of 8 per- cent may be preferred for all types of design conditions. 2.03.10. Maximum Cul-de-Sac Length. A 1,000-foot (300 m) length is rec- ommended as a maximum for cul-de- sacs in low -density developments, and 700 feet (210 m) for other densities. This is proposed for the ordinary type of subdivision layout, and obviously does not apply to a cluster -type development, nor to one involving a single road wind- ing up a mountain, for example. Reference 16 suggests that places (short street, cul-de-sac, or court) be designed for ADTs of up to 200. For a typical single-family subdivision, each home has been found to generate an average of about 10 trips per day.15 A 200 ADT is equivalent to a 20-home genera- tion. If an average lot width of 70 feet (21 m) is assumed, with development along both sides of the street, a length of 700 feet (210 m) is produced. A 100-foot (30-m) lot width gives a length of 1,000 feet (300 m), and is typical of low - density development. A high -density cluster development may involve several apartment build- ings with hundreds of total dwelling units. Use of only a single roadway to provide access to such sites should be allowed only after a careful considera- tion of alternative treatments, and with full regard for the potential problems. As the number of persons exclusively served by a given roadway increases, the potential hazard of temporary roadway blockage also increases. Blockages can result from numerous causes such as vehicular accident, utility break, falling tree or pole, and pavement repairs. While such occurrences are exceptional, they must still be regarded in terms of their effect on access to the develop- ment by emergency police, fire, or am- bulance equipment. In addition to this problem, it is even possible to run into capacity limitations. As an extreme example, consider a 1,000-unit de- velopment. Daily weekday trips would likely range from 6 to 10 per unit. If only 5 percent of this traffic would be ex- pected to exit during the peak hour, the flow would reach 300 to 500 vehicles per hour. Depending on characteristics of the boundary roadway, signal control warrants might be reached. In this case, consolidation of exit traffic at a single point would be a desirable design fea- ture. Joint consideration of the factors of both emergency access and capacity suggest alternative layouts for access to a high -density development, as follows: a. Provide at least two separate roadways, fully connected to the internal system of roadways or parking access drives, or b. Provide a divided -type entrance roadway, with median of sufficient 4F 141 2.00 OESICN ELEMENTS FOR SUBDIVISION STREETS 9 width to largely ensure freedom of continued emergency access by lanes on one side. Depending on location and height of nearby poles or trees, the required me- dian width would range between 10 and 30 feet (3 to 9 m). 2.03.11. Minimum Cul-de-Sac Radius. The recommended minimum right- of-way radius for circular cul-de-sac de- sign is 50 feet (15 m). The desirable out- side turning radius for older passenger cars is 30 feet (9 m). For the smaller truck, and a small piece of fire ap- paratus, a 40-foot (12-m) curb radius is desirable. Within cul-de-sacs, sidewalks may be placed slightly closer to the curb, with attendant reduction in bor- der area dimensions. Similarly, curb parking is often prohibited by the com- munity, or is artificially inhibited by the pie -shaped lot construction and small distances between adjacent driveways. On very large lots, frontage space may exist for curb parking. When this oc- curs, the design may call for a larger radius cul-de-sac right-of-way and curb, in order to accommodate parking plus the necessary movement of service trucks and fire equipment. Curb radii of 40 feet (12 m) or greater create large expanses of pavement which may be unsightly. The use of cen- ter islands may be considered, but care must be given to keeping adequate ma- neuver space around the island. A minimum road width is 25 feet (8 m) around the island. Under certain conditions, a "ham- merhead" or "tee" -type of turnaround may be considered. This is most appli- cable where blocks are very short and the number of dwelling units to be served is very small. Furthermore, lots are usually not platted at the cap or ends of the turnaround. 2.03.12. Alley Policy and Width. In modern subdivision design, there is a strong trend to eliminate alleys. In lower density areas of 4.0 and lesser dwelling units per acre (2 per hectare), lot widths are ample to provide building width plus side drives to open pads, car- ports, or garages. As density increases, such construction becomes progres- sively more difficult. At a density of be- tween 5.5 and 6 dwelling units per acre (2 to 2.4 per hectare), with 10 percent sideyards, buildable width is reduced to 30 to 34 feet (9 to 10 m). A mandatory provision for front driveways therefore would impose severe architectural limi- tations. Common driveways and off - center home construction on lots may not be particularly desirable solutions. The use of alleys may be a preferable alternative, and the local agency should establishea policy consistent with its zoning densities. In higher density and conventional apartment developments, alleys may provide access to rear lot parking spaces, becoming, in effect, a common driveway. The alley also affords secon- dary access for fire equipment, service trucks, and maintenance access to rear line overhead utilities. A local policy should be established. The modern alley may be an asset if provided with proper width of 20 foot (6 m) minimum, adequate radii at street intersections of 15 to 20 feet (5 to 6 m), an all weather (paved) surface, and pro- tected by building and parking bay set- back limits. The typical alley in today's cities is unfortunately often a narrow canyon of filth. Such design errors in the past should not, however, blind the engineer and planner to potential bene- fits of alleys. Alleys designed to modern standards are worthy of consideration in providing required service to conventional sub- divisions. However, certain disadvan- tages, such as additional pavement to be constructed and maintained, the area removed from the tax rolls, the added length of police patrol, and street light- ing needs all suggest alternative so- lutions to current design problems. The trend toward clustered designs, the in- tegration of various housing types in a single development, the increased use of underground electric utilities, the pres- sure for more open space, and the in- creasing usage of common greens, plus an attempt at pedestrian -vehicular sep- aration in residential areas, all suggest that even well -constructed and main- tained alleys may play only a limited role in future residential construction. 2.03.13. Design Speed. Because of the practical limitations and the economics of construction, lower design speeds must be considered as progressively more difficult terrain is encountered. The values shown in Table 1 of 30 MPH (50 KPH) for level, 25 MPH (40 KPH) for rolling, and 20 MPH (30 KPH) for hilly terrain illustrate such a compromise. 2.03.14. Minimum Centerline Radius of Curves. The recommended values shown are based on a superelevation rate not to exceed 0.08 feet per foot (1:13). This allows use of superelevation without danger of side sliding under icy pave- ment conditions. A side friction factor ranging from 0.16 at 30 MPH (50 KPH) to 0.17 at 20 MPH (30 KPH) is recom- mended in the formula: V2 R 15-0 Where V = speed in MPH e = superelevation in foot per foot f = side friction factor R = radius in feet 0 ft = 0.3 m; 1 MPH = 1.6 KPH) The centerline values relate to midblock curves and not to intersection radii. When a street makes a right- angle -type turn, much shorter radii will apply. See point "A" on Figure 1. If the curves are not superelevated (and they seldom are on local streets), then the appropriate radii for the ad- verse crown are 430 feet (130 m) for 30 MPH (50 KPH), 280 feet (84 m) for 25 MPH (40 KPH), and 180 feet (54 m) for 20 MPH (30 KPH). When topography or other con- straints cause minimum radii to be em- ployed and superelevation is not used, an off -center crown may be considered. Thus, on a 30-foot-wide (9-m) street, the crown line might be at 10 foot (3 m), rather than at the normal 15-foot (4.5-m) centerline position. This can re- duce the effective amount of negative superelevation on the adverse crown side of the curve or right-angle turn. 2.03.15. Minimum Tangent Between Reverse Curves. A minimum tangent of 50 feet (15 m) is needed between reverse curves to facilitate steering and control. 2.03.16. Off -Street Parking. The recommended minimum width of 27 feet (8 m) for a curbed roadway in a low -density area is predicated upon two 57 _ l .. � VX . - � XJ FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning vices One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO ME"Tir R (01FTU S UEDOTTQL WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ '.DESCRIPTION fir_ r �r� 1 / 00 ,% 1/Wv 1 '\ J • —THESE ARE TRANSMITTED as Oecked below: �'�lb°ji b'I�t"�1114Xn val ❑ Approved as submitted Vyour use El Approved as noted requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY PRODUCT 240-2 Ii., Groton, Mass. 01471. SIGNED: If enclosures are not as noted, kindly notify us PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, December 4, 1990 at 7:30 P.M. to consider the following: 1) Revised Final Plat application of CPA Partnership for construction of an addition consisting of 50 residential units to the existing 76 unit elderly housing project known as Country Park Apartments located on Hinesburg Road. The property is bounded by Foxcroft Condominiums, Birchwood Estates, Timberlane Medical Center, Inc., Ralph B. Goodrich, Inc., and Hinesburg Road. 2) Preliminary Plat application of Art Shields and Bill Sabi- loski for construction of a four (4) unit residential building on a 1.23 acre parcel of land located on East Terrace. The property is bounded by J. Dooley, W. Oakes, Assembly of God Church, J. Chadwick, H. McKenzie, N. Rorris, Quarry Hill Tennis and -Swim Club, and East Terrace. 3) Revised Final Plat application of Lochmore Associates for construction of a 108 room hotel and 18,000 square foot office/retail building in conjunction with an existing planned commercial development consisting of office, retail) restaurant and hair salon use, Lakewood Commons, Shelburne Road. The property is bounded by T. Farrell, City of South Burlington, A. Lewis, Holmes Road and Shelburne Road. Copies of these documents are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission November 17, 1990 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 November 16, 1990 Mr. Art Shields AF Shields Red Estate 337 College Street Burlington, Vermont 05401 Re: East View Condominiums Dear Mr. Shields: ZONING ADMINISTRATOR 658-7958 Enclosed, please find preliminar,T comments on the above refer- enced project from the planning staff, City Engineer Bill Szyman- ski and Fire Chief Goddette. Please respond to these comments at least one (1) week before the meeting which is scheduled for December 4, 1990. Should you have any questions, please feel free to contact me. ;oe cerely, Weith, City Planner Encls JW/mcp RE: December 4,1990 Agenda Items Page.-2 3. Fa4tview Condominumz Project# 90075 East Tenn. Ptanz have been reviewed on xhiA project and the only pnobtem bound iz the hydrant teque zed do ens not z haw on the ptanz . ptuz the 3" water Une which is on the plan iz not .range enough bon a hydrant. CITY OF SOUTH BURLINGTON Subdivision Application — PRELIMINARY PLAT 1) Name of Applicant Akr -Szil Zx 2) Name of Subdivision 3) Submit Subdivision Fee 4) Describe Subdivision (i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses): / Z 3 r�c�e � P,9�Zl�lt., I' dui cU.✓,a�rn�.uiurn �.� �� rs 5) Indicate any changes to name, address, or phone number of owner of record, applicant, or contact person since sketch plan application: A10AAO-P 6) Name, address, and phone number of: 979 - Jk� -- ., b. Surveyor .4 12DL3iUSTiE�� c. Attorney l�`�u7 DES.gi rT6L5 , .3/S _S7 l L4L------------- d. Plat Designer _014tq= 4fcjA15r�ircr-iy.�J --1�_�,C�-rr_ ., 7) Indicate any changes to the .ubdivifi.on such as number of lot: or unit property lines, applicant's legal interest in the pr0lx1rty, skc tch elan app1 ic:at irm: !VOM6e< U)-r. C-444; - jg7WACln1& 8) List names and mailing addresses of owners of record of all contiguous 9) State title, drawing number, date of original plus any revisions, and designer(s) of the,, preliminary map(s) accompanying this application: A5T" V/E'L� FT,Z 8-rM 144e- /, ZM ) El Yd 10) COST ESTIMATES for Planned Unit Developments,multi-family projects, and commercial and industrial complexes: (a) Buildings 2yS, 4460 (b) Landscaping (c) All Other Site Improvements (e.g., curb work) 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi -family projects, and comrercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour y c.40es P.m. peak hour q e.wrzS Average daily traffic _16 c.4as . % of trucks O 12) Attach five copies of a preliminary map showing the following inforiwition: a) Proposed subdivision name or identifying title and the name of the city. f-)) Name and address of owner of rec(�rd, sul divider and designer of f're 1 inr inary Plat. c) Numtx�r of acres within the proposed sutxlivision, 1(m'-Ition of [A-01x" ty line's, itrUCtLlreS, wilt(`r(,OurSeS, W(h)(fed areas, and 011l(,i (";-,;enti,iI (,Xl:St- inq physic1-11 d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property or serving the property to be subdivided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately maintained open spaces as well as similar facts regarding adjacent property. 9) Contour lines at intervals of five feet,:based on United States Geolog- ical Survey datum of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. 1) Numerical and graphic scale, date and true north arrow. j) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culverts which may ka_� required. o) The location of temporary markers adequate to enable the Coinnission to locate readily and appraise th)" layout in the C ield. Unless earl ekl5,tin(t :;ti_c�r�t inters(�cti�>n i:, :;h()wn, th(' di�;t,I str('('t II�)ii �)f th( f �rC�f u't t�' t<� f-f;< Ik,ll ("ltf P) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 13) Developmental timetable (including number of phases, and start and completion dates) OAJ t 1OH.. S .ST,gQr' SOYeWee OtV `='/ g iUO Sc,�mrn e 14) List the waivers applicant desires from the requirements of these regulations: /VO.c 5 15) Attach a vicinity map showing the following: 1) All existing subdivisions, approximate tract lines and acreage of adjacent parcels, together with the names of the record owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or proposed streets, curb cuts, easements, building lines and alleys pertaining to the proposed sub- division and to the adjacent properties as designated in paragraph 1 akxove. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. E�E,licanAtfx,1 4)f �i,it� _,-HTRICK-LLEWELLYN INC IORATED Engineering and Planning services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO PIEUTj OG DATE • ' {� ® JOB NO. ATTENTION RE: WE ARE SENDING YOU Attached ❑ Under separate cover via 4R L.N X U�-�l. 7the following items: ❑ Shop drawings IX Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION -- _ZV1q t t y . --n AL � � -- :G4 457 yea City of So.. ur_ ng on THESE ARE TRANSMITTED as checked below: k� XFor approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: PRODUCT2402 � a In. cmton, Mass mnn If enclosures are not as noted, kindly notify us at once. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 5, 1990 Mr. Art Shields AF Shields Real Estate 337 College Street Burlington, Vermont 05401 Re: Planning Commission Minutes, August. 7, 1990 Dear Mr. Shields: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Planning Commission minutes for the August. 7, 1990 meeting. Since,�ely , ��1 Raymond J. Belair, Zoning and Planning Assistant Encl cc: Lance Llewellyn RJB /mcp /�%g Tr v?,- wl ST -r - -2 ,:::;e. P'-Ar----rVtt5IJ OADaS Dos 3�Y o !-G 4 S CT1q - !4 02' CAd N "11 1� 4 j yt� $-v �. o . w ? 3f �S✓�-y s Lot TO: FROM: RE: DATE: 1. 2. 3. �Iiur hug twi Yize D ep-trtincut �T i _t +!1 c1rfz �t street pnrtii +!�itiCl(r�titl�tT. iiek�anunt 115,1113 (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE AUGUST 7,1990 AGENDA ITEMS JULY 12,1990 Wessel Sub -Division Van Sickland rd. Plans have been reviewed by the fire department and the following is need for emergency protection; A. All main roads must be no less then 30' wide unless there is two ways of getting equipment in then 24' would be approved. B. The city water system must be extended to the development as well as hydrants installed in a location approved by this office. Howard Johnson Gate Lodge Dorset street At this time I do not see a problem with this project. East View Condo's East Terr. At this time I do not have a problem with this project. 4. P.J. Auto Village Williston Rd, The only problem I see at this time is the entrance by the car show room should be no less the 18' wide for a fire lane for our equipment . Preliminary Memo - City Engineer Agenda items July 13, 1990 Page 2 P.J.'S AUTO VILLAGE 1. Method of draining the site should be shown on the plans. A retention area may be necessary. 2. A sidewalk along the Williston Road frontage should be in- cluded. EAST TERRACE CONDOMINIUMS. EAST TERRACE 1. Upstream end of culvert should have an inlet to eliminate deep ditches along the driveway. 2. The water supply for fire protection must be investigated for its adequacy. ATLANTIC CELLULAR COMPANY, BALDWIN AVENUE 1. A manhole or inlet must be installed on Baldwin Avenue where the proposed parking lot drainage ties into the existing drainage system. 2 M E M O R A N D U M To: South Burlington Planning Commission From: William J. S ymanski, City Engineer Re: August 7, 1990 agenda items Date: July 20, 1990 4) HOWARD JOHNSON, WILLISTON ROAD All reconstruction work including driveway and parking area shall conform with the plans for the Dorset Street reconstruction. 5) EAST TERRACE CONDOMINIUMS. EAST TERRACE 1. Upstream end of culvert should have an inlet to eliminate deep ditches along the driveway. 2. The water supply for fire protection must be investigated for its adequacy. 6) P.J.'S AUTO VILLAGE 1. method of draining the site should be shown on the plans. A retention area may be necessary. 2. A sidewalk along the Williston Road frontage should be in- cluded. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 20, 1990 Mr. Art Shields AF Shields Real Estate 337 College Street Burlington, Vermont 05401 Re: Eastview Condos, East Terrace Dear Mr. Shields: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present. on Tuesday, August 7, 1990 at. 7:30 P.M. to represent your request. Sincerely, Joe Weith, City Planner Encls cc: Lance Llewellyn JW/mcp PLANNING COMMISSION 7 AUGUST 1990 page 3 4. The building permit shall be obtained within 6 months or this approval is null and void. 5. The Plan shall be revised to no lon er indicate enclosure of the courtyard. 6. The landsca in shown on the plan from the revious approval of the Howard Johnson's Restaur-ant_ex ansion (9 26 89) shall be in- stalled before issuance of a building -permit. Mrs. Maher seconded the motion which was then passed unanimously. 5. Sketch Plan a lication of -Art Shields and Bill-Zabiloski for detalildin o sruction of -unit resnin .ac con parcel off_ East Terrace Mr. Shields said they have an option to buy the land which they propose for condominiums. They would build on the northeast side of the lot and access via a private 24 ft. driveway. There would be a total of 11 parking spaces, including garages. Building coverage would be 12% with 34% lot coverage. He noted the Deslauriers are reserving a right of way for access to their Quarry Hill property. Mr. Duff said the building would be one story with 4 units. Mrs Maher said the Planning Commission and neighbors feel that the right of way might result in a lot of traffic if there were an ingress/egress to the back protion of land. She asked if the Com- mission could approve the plan without approving the right of way. She said she could foresee the argument being used some day that the Commission approved the right of way and therefore it can be used. Mr. Burgess felt the Commission could make it clear it was not their intention that the 24 ft. right of way would ever be allowed to be used to access the back property. Mrs. Dooley said the neighbors' #1 concern was the access which might be used to the commercial property. They are also concerned that the condos will generate more traffic than a single family home would. They would like a buffer on both sides of the drive- way. They are also concerned with possible student rentals (from a traffic standpoint) and with drainage. Ms. Kaplanause added they are also concerned about burying gas uld have to be blasting. Mr. Austin said they are already over what is allowed on a street with omesethere. Ms. her Peacockdshe felt thelCityefer one Attorrneyor 2 shouldsingle be familyy h PLANNING COMMISSION 7 AUGUST 1990 page 4 consulted to see if the Commission can deny the application because of the number of homes with only one access. A poll of members showed the following: Ms. Pugh had a problem with the reserved right of way. She was also not supportive of condos in a single family neighborhood. Mrs. Maher wanted an opinion from the City Attorney as to whether they can approve just 2 units, Mr. Austin wanted an opinion on the right of way from the City Attorney. He said he would rather see this property ac- cessed from Quarry Hill, not the other way around. Ms. Peacock was less concerned about the right of way providing the wording was adequate. 6 Site 'plan application of Paul Choiniere for construction -of -.a 900 s ft, addition for automobile service use PJ=s Auto Villa e� , Williston Rd. Mr. Dugan said they will increase the green space, removing some paving before the curb cut and grassing it. The carports will come down. Two sections of the carports will be relocated against the boat barn. Mr. Burgess asked if that isn't supposed to be landscaping. Mr. Dugan said it is to be grassed. Mr. Burgess said that would be reducing what should be landscaping to park boats on it. Mr. Dugan said there will be green space all along the road. Ms. Pugh asked how the Commission can insure green space there isn't used for parking boats and cars. She asked if the area can be curbed or designed so things can't be parked there. Mr. Burgess noted the applicant hasn't done what they said they would do in the way of landscaping under their last approval. Regarding parking, Mr. Burgess questioned parking space size near the boat showroom. Mr. Dugan said the spaces will be the stipulated size. Mr. Weith noted that $900 in landscaping is due for this addition and $2500 is owed from the previous boat barn approval. Ms. Peacock noted they were deficient in landscaping from the approval prior to the boat barn approval. Regarding drainage, Mr. Llewellyn said there is no new drainage proposed and no new paving. They prefer not to put in a sidewalk but will do it if stipulated or pay into a sidewalk fund. Mr. Weith suggested a payment to the fund as there are long-range plans to widen the road. Mrs. Maher said she would only vote to approve a plan that insured the front green area is not used for car display. Ms. -Peacock moved to continue the aDDlication until 21 Au ust and that -the a licant rovide-at that time a landscape lan for the ront-area that ing of cars there.--Mrs.-Maher seconded, Motion -passed unanimously. u.....Jarw,c: ls# n„u .n,'4tM..3 •M"pa+''vy ..4d &AVJF 1� - S <-!A v�� L 9 QG �e 5-5 l � Planning File Data for Computer Input 1. Original Property Owner Z. Developer's Name 3. Name of Development +� 4. Address of Development or Project 5. Type of Project Minor Subdivision (MI) Major Subdivision (MS) Site Plan (SP) 6. Zoning District 1 i. Zoning District 'L K. Zoning Board Approval date if Required _ 9. Date of Planning Commission Hearings/Meetings Site Plan Date or Sketch Plan Date _— 3 10. Preliminary Plat date I]. Final Plat Date 1G. Revised Final Plat Date 1 (if applicable) 13. Revised Final Plat Date 2 (if applicable) _ 14. Acreage of Total Project 2 15. Ilse of Land 1 �"e___. 1 t; . Use of Land 2 Use of Land 3 ! �• . l : ,. of Land 4 1 :a . !lumber of Lots Ntimher of' Single l-ami I Y Uni t s �I Nrimher of i`1rr l t i - frrm i I %- l'n i L'L l"�)II tit r-u(•t i()n Cos C)f- Iiui Idiri� 23. 24. _eA6IF 26. 27. 28. 29. 30. 31. Size of Building (Square footage) Streets_` City Street CS Private Street PS Date of Acceptance of streets by City _ Bond -Landscaping _ Bond -Streets Bond -Sewer Bond -Water Bond -Other Date Mylar Due (90 days after approval) 32. Date Recorded - 33. 34. 34. 36. 37. 38. Expiration date of Approval _ Date of First Building Permit Tax Map Number Map File Location 1 Map File Location 2 Map File Location 3 Other fees (Type and amount) Preparers Name: Date: Posted in Computer (Name, Date): CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Am f 3• jib, b. Applicant au- zA9jAaSX c . Contact MK7- SH/Ee..t�S . �/� 4G/LISY J 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 3) E�[/S7/il1G QU/L C7/il1G 4OT- fL0,0JED Ry OF7Z:- Applicant's legal interest in the option, etc. aTa6 property (fee simple, 4) Names of owners of record of all contiguous properties �2( rr�% C/14 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. U�GtJ.vr %O lam' !ZETA/iu /Z O. In/ 7-0 eAMUA2& AC 1 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. 5heW� an/ 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: �C,rr"7' /� %,L,�iIV /�PR1JtJA�.—..' FYJ/'L Fi��iw I�aOG� li1N ITS SY.I/Sm i rr .c4'/ r� /c✓,l q .� l -/�it�.t iup rs� i . SPK/NG o r 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and Proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Signatu ) app_i'Q4nt or contact person 6/g l90 Date 2 ARR Rxl aue � � � I I \ i S 1 NUT DODLE'Y — i 1 N/'OAAES ( N/i ASSOMY OF ODD GNAPGI I MIT pUDRN]T I N/i YQTEi9S a - ; a I I ----�----------�w --- -------- --------- � -- -rm_-____--------- --------- --------- Ai.- -------- ti-------- M------- --------- �y._ E A S T TERRACE LEGEND ER PROPERTY LINE Y-WAY/EASEMENT LINE WOPERTY LINE CONTOUR WATER LINE/11YDRANT SANITARY SENER/MANHOLE Un11TY LINE/UnL/TY POLE ED WATER LINE/HYDRANT ED SANITARY SEWERIUANHIXE ED UnLIT✓ LINE/Unl1T✓ POE ED STOP. SENER/INLET i SETBACK LIMIT N/: MMW NOTES LOCUS I. PERIMETER PROPERTY LINE INFORMATION TAKEN FROM PLAN ENTITLED -PLAT OF SURVEY RALPH E DESLAURIERS X. A CHRISTINA O JAMES A. SMULLEN PROPERTY" BY WARREN A. ROBENSIEN, L.S DATED DEC 1988 1. EXSDNG TOPOGRAPHY, UTILITIES AND SITE FEATURES TAKEN FROM RAN ENRTLED-EASTNEW CONDOMINIUMS -SITE PLAN- BY RICHARD FARNHAM ASSOCIATES DATED 1/11/89. J OWNER OF RECORD: RALPH B. DESLAURIERS A. 100 OLD FARM ROAD SOUTH BURLING TON. VERMONT 05403 JAMES A CHRISTINA SMULLEN N SEBRING ROAD SOUTH BVRLMICTON, KRMONI OSIOJ 1. ZONCD: RESTD£NRAL 1 (RA) 5. TOTAL PARCEL AREA: 0.23 ACRES GRAPHIC SCALE *EAST VIEW CONDOMINIUMS -- SKETCH PLAN �047�(?Q4G°30Ga= db I I 1M111STGN �� VERMCNT Memorandum - Planning August 7, 1990 agenda items July 20, 1990 Page 2 5) 4 UNIT BUILDING. EAST TERRACE The proposed project is a 4 unit residential building on a 1.23 acre parcel off of East Terrace. The bulk of the parcel is located behind several single-family residences and is connected to East Terrace by a 50' wide strip of land or right of way. The Commission reviewed a sketch and preliminary plat for a 3 unit building on this lot last year. That applicant decided to aban- don the project. Access/Circulation: Access is via a 24' driveway off East Ter- race. A 50' R.O.W. to the Deslaurier property exists over this property. Setbacks/Coverage: The maximum allowable coverage for buildings is 20%, with a total of 40% coverage. Plan shows a building coverage of 12% with a total coverage of 32%. The set backs requirements are met. Parkin: There are 11 spots shown, 1 in front of each unit and 7 other spots. 9 parking spaces are required. Landscaping: A landscaping plan is not shown. The project will require a certain value of landscaping based on the estimated construction cost for the building. I recommend substantial screening between the project and existing single-family residences. Also, a significant amount of landscaping should be provided along the driveway to screen vehicles from the single- family residences located on either side of this long drive way. A low berm would be beneficial along the length of the 7 space parking area in order to block headlight glare from vehicles. Other: The project overlooks the Quarry Hill Country Club. Sufficient safety measures (i.e. fencing) should be provided and shown on the plan. Sewer: This project requires a sewer allocation of 1800 gpd. Recreation: This project requires a recreation fee of $800 ($200 per unit). Water: There is a tap on fee required. -2- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 16 , 1990 Mr. Art Shields AF Shields Real. Estate 337 College Street Burlington, Vermont 05401 Dear Mr. Shields: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments from the City Engineer, Bill Szymanski. cei-el , r Joe Weith, City Planner Encls cc: Lance Llewellyn JW/mcp PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 July 15, 1991 Mr. James Smullen 8 Sebring Road South Burlington, Vermont 05403 Re: Quarry Hill Club, Driving Range and Miniature Golf Dear Mr. Smullen: ZONING ADMINISTRATOR 658-7958 The Planning Commission at its 7/9/91 meeting, continued review of the above referenced application to the July 30, 1991 meeting. Revised plans which better delineate parking area, circulation lanes and access drives should be submitted no later than July 22, 1991. The Planning Commission will be making a decision on the applica- tion at the 7/3/91 meeting. The Commission will not grant any more continuances. Please contact me if you have any questions. S'n erely, Joe Weith, City Planner JW/mcp cc: Art Shields Quarry Hill Club 1 rq 0 F4 $TF.VFN r STIT'I'f >r AD.1.Y; E. BRIDGE (''AI.NO ALINI'Y9' 0 IN N.Y.) Mr. Joseph Weith, South Burlington 575 Dorset Street South Burlington, STITZE , & PAGE, F.C. ATToRNEY9 AT LAW 171 BATTERY STRICT BURI1, NGTOV, VERMONT 03401 Tr•.r.MIONr•. W2) 060 26A0 PAY, (eo2) 6A-2632 January 4, 1991 Planner offices Vermont 05403 Re: Deslauriers/Smullen Property Dear Joe: or COUNSEL ARTHU'R W. CLRNDSIA You have asked our office for an opiniGn regarding a 1.3 acre parcel on East Terrace owned by Ralph Deslauriers, Jr. and Christina and James Smullen. Specifically you have asked us to determine when this lot was created, and whether it is a legal lot under the subdivision regulations. The lot in question was once part of the Fiske farm property, which was purchased by Roland and Evangeline Deslauriers in 1952. The boundaries of the lot were formed as a result of the Deslauriers having conveyed, through several transaction~, all of the surrounding property. The lot is bordered to the west and north by lots 5C-10C of the so-called Green Mountain Park Subdivision (platted in 1952); to the -east by the Cupola Golf Course/Quarry Hill property (conveyed by the Deslauriers in 1964); and to the south by lot 15 of the East Terrace Extension subdivision (conveyed in 1975). (See attached map). Thus the lot was created on July 21, 1975, when the last of the surrounding properties (East Terrace Extension) was conveyed by the Deslauriers. The second question is whether the lot was legally created pursuant to the City of South Burlington Subdivision Regulations. The City first adopted subdivision regulations in 1958, which defined subdivision, in part, as "a division of any part, parcel, or area of lard ... into lots or parcels three or more in number." (Section 102). The lots in the Green Mountain Park Subdivision, having been platted in 1952, pre -dated subdivision regulations and thus did not require subdivision approval. However the lot at issue here was not included in that 1952 plat, and thus cannot be considered to be a grandfathered lot. Subdivision regulations were in effect in 1964 when the 9 1 r1l Q t-a _e = t a :_. _ I 1 r z E L c . P " I- E - F• - '= - F-• - C1 3 Deslauriers conveyed the Cupola Golf Course property. However this transaction created only two parcels - the Golf Course property and the parcel retained by the Deslauriers -- and so subdivision approval was not required. The 1975 sale of the East Terrace Extension property to Frank Geier did trigger subdivision requirements, as this conveyance resulted in three lots having been created since subdivision regulations went into effect; i.e., the Golf Course property, the East Terrace Extension property, and the retained lot at issue here, prior to conveying the East Terrace Extension Parcel the Deslauriers obtained approval to subdivide that parcel into 17 individual lots. However the lot retained by them was not included in the plat map which was approved for subdivision. Thus while the 17 lots in the East Terrace Extension subdivision received the required approvals, the lot at issue here apparently never did. It should be noted that Section 503 of the subdivision regulations then in effect .required that the applicant snow all existing property lines. Since the retained lot was not shown on the plat map, the requirement to show all existing boundary lines was obviously not not. On the other hand it does appear that the planning commission was aware of the existence and location of the retained lot at the time they granted subdivision approval for the East Terrace Extension. On one of the preliminary study plans the approximate boundaries of the retained lot were later added to the plat in ink, and the words "proposed park area" written inside the -boundaries of the retained lot. Nonetheless it is still my opinion that the lot in question is not a legal lot in that it has not obtained a required subdivision approval. The defect could be remedied by the submission and approval of a revised East Terrace Extension Subdivision plat showing the lot in question as one of the parcels. If you have any questions about this opinion or wish to discuss it further, please do not hesitate to contact me. Very truly yours, dam E. Bridge AEB/mld Enclosure L.\50N189.cor .ZOOS J1p• ,�,-- —.-r_ JT J' �fir' t - • .- -.- _ .'mil -�'!I p' Adotoo • o. ! 7T s-�cM" � 'jam 1!' 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B799/' STATEMENT ,Au ArAN Lf A coviEArav a,.ttpw,Y A4v Lf Atlr ro Ar CaVS7AYF0 AS I AGYApQRY SUPY£Y AYAr Atl AYLD MQPY City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 13, 1997 Ralph DesLauriers, Jr. Quarry Hill Country Club 360 Spear Street South Burlington, Vermont 05403 Dear Ralph: ZONING ADMINISTRATOR 658-7958 You had asked me to look into the status of the parcel of land located behind lot 13 and 14 of the East Terrace Extension subdivision which was approved in the mid 1970's (see enclosed minutes) . This area of land is shown on the attached subdivision plan and is identified as "City of South Burlington (NO DEED FOUND). " It is my understanding that this area of land was required by the South Burlington Planning Commission to be set aside and dedicated to the City. You informed me that when the applicant for the subdivision attempted to dedicate the parcel to the City in the 19701s, the City Manager at the time refused to accept the land. I have discussed this issue with the City Attorney. He has advised that only the City Council has the authority to deny acceptance of land in this type of situation. He suggests that you do the following: 1. Approach the City Council for an official ruling as to whether or not the City is willing to accept the land, and 2. If the Council is not interested in accepting the land, return to the Commission for an amendment to the 1974 subdivision approval to eliminate the requirement to dedicate the land to the City. Since the parcel does not have frontage on any road, it probably makes sense to merge the land with the adjoining parcel owned by Cupolla Golf Course, Inc. Please let me know how you want to proceed. Si cerel J e Weith, City Planner JW / mcp rLANNINC COMMISSION . LI:Y 2� 1974 Mr. Brady explained that Rand hasn't gotten the tenants yet so the proposed new buildings will not be going up right now. Mr. Ward said the landscaping that is pending would not be wanted by the City if the buildings, d;n't go up. Mr. Poger said he would be more comfortable if there was ri bond over this. The Chairman said the City Attorney had said the motion in the F'Iinutes of April 1.1, 1974, is not strong enough. Mr. Brady said the contract Is already given to Munson with a deposit and the work has to be done by August 12th. _ Mr. Levesque moved that discussion an the extension cif bony4.,to : _,)and industries be tabled until the next meeting of the Planning Commission on August 13th. Seconded by Mr. Robenstein and passed unanimously. The Chairman told George Brady the Commission would see him again on August 13th. Extension of �Ast Terrace - 4ia]Eh LesIauriers Chairman Maher said the Planning Commission and the City Manager ':ad spent over an hour walking the entire piece of property. Reference was then made to the memorandum of July 19th from Mr. Szymanski. Item 1 is taken care of by Mr. Ward's memo, according to ffir. Deslauriers. Item 2 concerning a dead-end street was agreed to by a minority of the Planning Commission, according to the Chairman, but the majority of the ",ommission felt the street should end in a cul de sac and not go through to :;Uarry }fill Road as recommended by Mr. Szymanski. Items 3 and 4 were agreed to by Mr. DesLau r erL. Item � was also agreed to by A°r. Desi,vuri ers. Item b concerning visible fissures along the rim of the quarry were felt to be fresh and could work back until the problem would be on C".t.y property, in the optnion of the Commission members. Mr. DesLauriers stated the quarry had not been used since World. War II and there had been no serious: deterioration in the wall.. Mr. Levesque then said this concerned the piece of land they had been firFt considering for a picnic area and does not refer t.o the :iiie now being considered for recreation. Item Z concerned a sidewalk to be constructed on the wester:.y side. Mr. Foger suggested waiving the sidewalk for now but asking the developer to deposit a sum to be used for the sidewalk later. Mr. Levesque commented that inflation would eat away the deposit. Mr. Desla:uriers said they would prefer to build the sidewalk now and have the job complete, that it would improve the value of the lots. It was noted that the opinion requested from the City Attorney regarding thin had not been received. Mr. Ward's memorandum of Julep 19th was considered next. Regarding Lot C, Yr. DesLauriers salu Me 00-1 aiy <.dlill- .....,�.. moving the dimension over ten feet will make the map conform to reality. Mr. Ward said they would then be in coaforuity. The final plan will have to be adjusted to show what is being approved and if the Flan gets approved it will be filed with the changes indicated on that map. The Chairman said any approval given Would be just for zoning allowed in R-1 They would have to go to the Zoning Boar to build duplexes. Chairman Maher then asked Bud Etherton for his opinion, say:ne, she had asked Bruce O'Neill to give a specific plan in writing and .she doesn't know if Bruce feels it is a good place for recreation. 4. PLANNING COMMISSION JULY 23, 1974 Mr. Etherton was not sure which piece of land was being considered, as he had thought it was the piece overlooking the tennis courts. Mr. Desla.uriers indicated on the drawing a ten -foot right of way between lots 1.4 and 15, saying the park is an extension of the southerly boundary line of lot 15. Ceorge Drabble questioned the size of the: right of way, that it would not allow equipment or vehicles to be brought in. It was explained that this would be only a walkway and if necessary to bring in equipment itcould come in from Quarry Hill. Chairman Maher explained this was planned as an open space area, green and quiet, a place to walk to -- perhaps a few benches -- no active recreation.. That in the future there may be many people living in the area because of some of the land being zoned for apartments, anC this green land in between will be most appreciated. Chairman Maher, recognizing that many people from East Terrace have attended this and previous meetings, said she wanted to explain that the Planning Com- mission does not have the power that people: think it does, that the job of the Commission is to see that the laws of the City are adhered to. The Com- mission is requiring a sidewalk and curbing and a very expensive "tear drop" cul de sac. Mr. Deslauriers is willing to {deed a piece of green open space and is willing to put in all the additional drainage the City Manager says he needs. She wished the people of East Terrac.;e: to know that their interests are the Commission's interests. Dr. Scarfone then explained the voting by ballot of the East Terrace and Spear Street Association member:, on several alierrative plans for the street, with the majority preferring two cul. de sacs. Martin Paulsen exhibited a sketch showing a new plan which would provide more duplex lots for Mr. DesLauriers in exchange for two cul de sacs. Mr. Paulsen objected to having 113st Terrace any longer 9_han it has to be because it is a very narrow street with no possibility of videninf, it; if cars are parked on both sides it becomes practically a care -way street at times. He said the neighborhood is very concerned about what. happens to the street. Chairman Maher said the Commission could not force Mr. DesLauriers to have two cul de sacs. Dr. Scarfone said the City Manager had suggested that Mr. Desl.auriers look into the single cul de lac plan. Mr. Deslauriers replied the City Manager doesn't favor either one crWO 1 de sacs; he prefer°, a through street. For. DesLauriers said that aesthetically the plan was fine. He had gone b}.at of his way to make a financial sacrifice for on-- cul de sac., but this plan would Tryst more than $2= ,OCQ over the first plan. `:'his is asking too much to service only 16 more homes. would make the lot priced, tuo high. He stated_ !,�o di-3 not wish to withdraw hi, existing appli cal i=. The savings mentioned by Mr. Paulsen in sanitary sewer and water line footage would be very small compared to the added cost of the --ul de sac. according to "!r, DesLauriers. Mr. Etherton asked if a right of way could be allowed for tricycle and foot traffic from East Terrace to Quarry Hill to- serve the residents of the area. The Chairman then asked the Commission what it wished to do, that it could approve with a variety of stipulations, or It could give no approval. PLANNING COMMISSION JULY 23, 1974 Mr. Poger moved that the Planning Commission approve the subdivision of Fast Terrace extension as submitted with the following stipulations: 1, that a 20 foot right of way across Lot 8A be located on the final map; 2) that the setback at the end of the cul de sac be 30 feet from the Quarry Hill road; 3) that a 10 foot right of way for pedestrian and bicycle traffic be extended from the end of the cul de sac to the Quarry Hill Roads 4) that the new dimensions of Lots 8C, 9C and 10C be moved ten feet to the north; 5) that the sidewalk of Lot 15 be extended back the 180 feet: 6) that Lot 1.5 be moved 10 feet to the north; 7) that a 10 foot right of way be established between Lots 14 and 1.5; 8) that the City accept an area of open space of approximately 31,00C square feet, that it be behind Lots 13 and 14, and that the area be located on the map. 9) that this is conditional to the approval of the Zoning Board for the extension of R-4 land into R-7 land; 10) that the sidewalks and curbing be provided on the westerly side of +Ast Terrace and that these meet City specifications; 11) that all bonds be posted with the concurrence of the City N:anager; 12) that all valves on the water main be installed as specified by the City Water Department; 13i that all drainage meet the approval of the City Engineer; 14) that the pedestrian right of way specified in 3) have a dep-esscd curb for bicycle trdf`'i c. Motion seconded by Mr. Roberstein. ?r.. Ward recommended coming back to the Planning Commission becau e of the number of adjustmerte to the plan, with a condition that the final plan be accepted by the Ghatrrtan of the Commission and the City Engineer. Mr. Paulsen strongly recommended that the motion for approval be denied. The Chairman said the Commission has no grounds for denial; that all is in conformity with City regulationr, and "'r. neilauriers is willing tc adhere.: to all the additional things the Commission has asked of him; that the Plan.lin.- om- mission could end up in court; that it could become a very bitter t!The Planning Commission has tried very hard to get the best deal for both the people of East Terrace and for the City and there are no grounds, for turning it down. ^'.x. Paulsen said he would strongly recommend the serious consi(le-rallion r)f the alternative proposal. r___ ..l _r al. ._ .1..72 ..A ..A . :he motion Was parsed unani-mouviy -101- r1.ppi.o Vd3 VL 1111 S11 UU.._ V.L Q J.. 1i. Proposed amendments to the zazing regulations "_'he Chairman suggested deferring this discussion until there were more members present. Mr. Robenstein emphasized that these proposed amendments must be disc+:.>sed thoroughly; that he is not in agreement with some of the changer that the members approved at the :.ass. meeting and wishes them discussed again. The Chairman said there pcul.d. be discussed at succeeding meetings very completely. Attorneys at Law JOHN C. FITZPATRICK McCORMICK, FITZPATRICK, THOMAS E. McCORMICK ROBIN M. McCORMICK KASPER & BURCHARD, P.C. KEITH J. KASPER DANIEL L. BURCHARD JOHN P. CAIN P.O. BOX 638, 40 GEORGE STREET BURLINGTON, VERMONT 05402 LORI REUSCHEL CHOINIERE TELEPHONE (802)863-3494 THOMAS P. SIMON ERIC A. JOHNSON TELEFAX (802)865-9747 December 29, 1998 William J. Szymanski City Engineer 575 Dorset Street South Burlington, Vermont 05403 Re: Land Use Permit 4C0180 East Terrace Sewer Extension Dear Mr. Szymanski: Thank you for your letter in the above matter. Ernie Christianson has indicated that this will take care of the certification requirement for the permit. I very much appreciate your help in this! Very truly yours, McCORMICK, FITZPATRICK, KASPER & BURCHARD, P.C. Robin M. McCormick RM M/tt cc: William and Judith Roach L.:\CLI LNTS\542198\LETTER\SZYMANSK.03 JOHN C. FITZPATRICK THOMAS E. McCORMICK ROBIN M. McCORMICK KEITH J. KASPER DANIEL L. BURCHARD JOHN P. CAIN LORI REUSCHEL CHOINIERE THOMAS P. SIMON ERIC A. JOHNSON William J. Szymanski City Engineer 575 Dorset Street South Burlington, Vermont 05403 Re: Land Use Permit 4C0180 East T errace Sewer Extension Dear Mr. Szymanski: Attorneys at Law McCORMICK, FITZPATRICK, KASPER &. BURCHARD, P.C. P.O. BOX 638,40 GEORGE STREET BURLINGTON, VERMONT 05402 TELEPHONE (802)863-3494 December 21, 1998 TELEFAX (802)865-9747 I represent William and Judith Roach who currently reside at 70 East Terrace in South Burlington. Mr. and Mrs. Roach are refinancing their property and in the course of updating their title work, our office rechecked the terms of the above permit in an effort to make sure that the expanding requirements of lenders and Vermont real estate law were met. I have enclosed a copy of the permit for your review. As you can see, Paragraph number 6 states that certain lots are approved for connection to the South Burlington Municipal Sewer System and that the construction of the necessary extension to the South Burlington sewer system "must be completed in accordance with the plans approved in the letter of December 29, 1975, to W. J. Szymanski from the Agency of Environmental Conservation." I have also enclosed a copy of that 1975 letter to you. Provision number 3 of the letter states that "Upon completion of construction, certification by the supervising registered profession engineer shall be made in writing to the Division of Environmental Engineering that the system has been constructed in accordance with the approved plans." Dick Trudell, then with Willis Engineering, had provided the approved plans, but he did not provide the certification at that time. After discussing this situation with Dick Ward of the South Burlington Zoning Office, I cnnlre with Frnia Chrictinncnn of tha Ctata of Vnrmnnt O nA„n<, i.�ATo+,,, �1 D o�,,,..-- U -�] ..1 v_.v .I -- —..... v... ......w....v., — ....v v.u...v — ♦ va aaavlll, 1151..Vy vl 1\ul.ul al X\%,avul V%,a. 1i1111G indicated that since the sewer system was intended to become part of the City of South Burlington municipal system, he would be willing to accept a letter from you , as the City Engineer, that you were satisfied that the sewer system extension was in fact built in accordance with the state permit which was issued at that time and that the City of South Burlington accepted the extension on that basis. William J. Szymanski December 21, 1998 Page 2 Based on your recollection of the project and any notes or information you may have available to you, would you be comfortable in providing Mr. Christianson with such a letter? My clients are hoping to resolve this issue in as timely a fashion as possible and I would certainly be willing to provide you with any other information you might find helpful. I would appreciate it if you would contact me as soon as possible regarding this. Thank you for your attention to this matter. Very truly yours, McCORMICK, FITZPATRICK, KASPER & BURCHARD, P.C. Robin M. McCormick cc: William and Judith Roach Dick Ward 1,:\CLIENTS\542198\LETTER\SZYMANS K.01 O La Le Oi �TerYi2Gx3t r �AMD USE PPA T CASE \'o. #4Cpl80 APPLICA-N-T • n-� . r'_^zT1'! J. Geier ADDRESS P. 0. Box 3124 :)! lin„ton, VT 054 rn LAWS/REGULATIONS iNVOLVED 10 VSA, Chapter l rNl \ (LC*' -j0) J and i. 0' aLt,e Tca_"d Of health �ar,ito+ n ,?ni ��„ r,_ e ��_�_U O S �r�'hap Subdivisions.Y ��r er&..ibcna;�te= -0, P2r•f G T_p-nd -Use Pe_�-ti t is hereby '_ss e,4 to t^e above `arned aplDlica_n t for a l5 lOt SU i V1S- and r?a Frei p �n,Cnt O_' �' �n and _ -r'?st Terrace :Ln South n'ti*•li►�-'- i o a LC_. 2..., Se_r'ViC?S IOCc �°r p`+" as sho::n on the pl a_ns sub^i` .ern' �-~ nv . Tie oroj ect rrzst be co '_eted - and _'! ECCOr'C ancn v}1 the CO; C: L: o: s ..:Ie is rerLnr?ed that t' Ynx_.iL IaY:S 7 S _ _.. is tiJe'L' 2 issued 0 r_�r -O_ '10 re,�aOnS Stc.t� avOVe. �n -. � •' O`v i'iCiUC.e^a abO Je T ?�5 be }`'. r c.v - y 2- �, i C2J_p sj-a .a Or local -�o O, ,,?= ?.n aC0_ ._Or t0 —Pi _ S per^: t . COJ�101 S 1. Iznd Use Per:niL -',l c,0 ti1c '-+,7 s• ,, .a v vC0 is :SSue'? t0 :''�". t'r^u'"r�•C u . rpler and -�Y�..,OL ... ns: er_ ed 4.i '?O ;t ::r=0_ •. +n1'-tp, r .] 1 • CC _n J e oire On Ja_`2�?"V % q?` and' t,L ,.,�,^?_sn in erfPC�. Cl L..�r. L,, :; 5�. C8 rP ??:ied . -rior t0�f^a': rc :n t0 ., l A s .�,: LL _ s _ .,c .on .:lust be co.�letc,: by w`1 S t.a�rroval _"0= E.n extension of `.i^;e _S 2. ""tis project rr�s`, be ca7-:)i -.t,4 ps sat „�� t 'i ? e the i n` i "+=' n s• t t` forth . n he Ol Zns and ev..-i b tS r'.,.. - SS O: fact a t t-acme ; -_rn V L — oe-,.-t't. ?':o Cr=n the y O, znd the con :ons Off' t,) s de �n V `s et f rth tl ._ e s c_•.o ap oe a :•i thcut pr -2 �,� .�Or L' s _o_ �_ _n „_:ese cocw: �n , may 7 • r der proj ec - area for th4s develo7D n,er ; is as sho?,n-± the � -, by ; �`'-": enObe ?Stie32, _r. S O.^. J nc l p s On 'J�a_.S prepared have }recl, Corr r • o u / 2, revised Jrxle i., f is � �nra : n Ch I.L. �2_ d by • .^.e Division Oi ^Vir n�nL ^ny 1, _.,, Portion e L on...._ t,ai _ney_ _:n_: "o =O�PO the pro; �C� area "?•i 1� used l0'_' any thle� �.. '• not mod: L O V.. : ��1"'705,� '� '.1 . ca a_nV Oi the r+em "C i -, V ^, ^ 50n 0= O::'r?er3�1� D O'_"' control Or �d ve_cp ��- = ands , ':,-n t %� a c+•,t .., �-.,, n i r 4-' L L. `l r e t,_ a., tr :. i v 20L . t 'tie �r_pr+ 4 • � o n0:' M Ss 0n i?ai nta ns con, inu nr u_r=sd_c" Orl duri nq t'•-,= l i _ e f r v. r"•�V pe_ ;Odj Cc .Ll, re,.ti r that L , Statement Ce_"'ri{ ?Irr '-ha'- L:;� _ L e t.flct, t,�.n De_T+;t`, r;Olr�7.er :_le cam. t Y t,.._t, proj ec is being, co.� e`ed he :,e,-ms Of the permi +- , n�; a CCOrd" nt `O J V CO„D'T'10NS cont_I hued on Pa; re 2 L.n't''D USE Pr.F,;,u f4CO180 Page 2 5. Lots gnw2 numbered l�thro1, h ll, 13, l�l, 15, 8a and 8 3 are approved for con ,ectio,n �o South Burlii�cn �'unicipal Water S ste:, . :;;, r:ethod of obtainLng Y other these potable drir,ri :rater si-,all be. authorized for these lots irithout the expressed Written approval of the Age..Y Environ^ental Conservation.. r.11 extension Of t-e wtater system to serve these lots Shc.1 be Ccm.Olet`d in accordance' i•rith the plans approved by the Venr,ont Jepar t :,ent, of October 1 z4jtn in the letter of 7, i975. 6. Lots nu.Tioered 1 throu:_-� 11J 13-4. , J i5, 8A and 83 are approved cr. CO;.:ECii0;1 t0 the Out i '�..:r'Lng,,cn !.?-nici 1 Se,.,- Syste�. iJ0 Cam.. ', Method of s - pa e::a,;e clsoOsaI shall be au h-or_zed for e lots ? the ei;pr essc-d i-rritten a7pr OVai 0: L"e r �a, these OAS L..0 : , Conservation . r'� - -y 0; E�nviron enta i ^.E' CC1St, LA _C'i 0 1 re extenS On Of S?i•der systeim t0 Serie these ict.S must be COTp1EteC. r �• the plans approved in t L_ in accordance i:j�n W. re �e Er o. :�ecem.ber 29 1975 L .. �' • J • SZ „�;,5'rC1. i r0,:, t::e � J r �O n.•._r J t.[jCl icy of _,vi-�:L:,ental Co:,serv2tion. 7. Each Drospecti' ve u: '�+ ,�e the a-pproved pi - � of 'e _o� s -11 be s o::n a copy of L Use '?s s_L,C L report and tre r chi .ii l uel Gi C lL L`: C:v•CL n Land :" -"ace, o_ sale is entered into. . No ch n-es sha11 he de L Witte uO LIi _ a�;:,r3ved plans t O L I�:'iGr i it n approval - rG' L -' . f' r-� t.. , Cy G, :_-virOn:,ental Con Servc.i,o- 9• LTfLs pro,eCt as been reVie': = - -U a:".•a .`S a:JV1 G v ed .L Or the COnS tr UCt- of i Of One Si ale f a.'71'• . .,,' � •- -Y residence on each o" the arprove d lots . COnstr action Of other t`:•7e �� c and Co:,"4G L.Yliu"j, Emits L i � rFS, - n lud_I:c public bulldin S, r=�; �_E;;eS _s no—, = _cite^ 1 by he Agee ry �_ _ � �_,Ot<� prior revie'.1 :C, L C✓ J a S iC.i G�J^01"al :'1_�1 ? 'J CE cry Z`1l elA l.i E L' o _ COn=O� .iS �G e ap .l_Cable lci' r e SS �.. j.: vtiGSai 'S i • i �u1atioi:s. COnc- 1, =GnS `.""'GL: .7 I� -r L 1 �, y r 4 G-� ,.7 O"_ `r VO 0 VS,. C �G•./tI ( L Conan �.�ons 5 l iL Ol �� 9 Gooey i t� L r� y L L er _�_ (f l l 2�t�) and �ecgulations, Ci:apter C� tar" y0 ` =ont State �a d Of ^clt;1 Subdivisions. J . ``ri-�Gr i'=:.��neerir�:, SUuC:;?7�E-' 1C : C"t ' S , - , JistriCL Carver, dated at -ssex Junctio,_ ve- t:Ls 7th day of January, 1070, ' I Environre:,tal COFmisSi n L,hvironmental COo;'.:-_.na-0=' Suite Ux ermont 's AGENCY OF ENVIRONMENTAL CONSERVATION Department of Fish and Gain; Montpelier, Vermoni 0560: Depirlinenl.of forests, P;irk9, and Recreation '. Dep,;rlmcnl of 'Miter Resources DIVISION OF ENVIRONMENTAL ENGINEERINC F.nviro t' c6tal Board Division of Environi ieriinccring Division of Envirorinicnlal Pruleetion Naturlii Re.tioUrccs Coriservatlon Council';December 29, 1975 Mr. William J: Szymanski City Manager` 1175 Williston Road South Burlington, Vermont 05401 Re: East Terrace Sewer Extension South Burlington, Vermont Dear Mr. Szymanskit This office has completed its review'of the plans and speci£ication6 for the proposed East Terrace Sewer extension, prepared by Richard P. Trudell, P.E, Willis Engineering Associates' August 1975, and approve the same to our full jurisdiction under'Title 10 V.S.A. Chapter 470 paragraph 1271 with the following conditions: {1} All sewers and manholes shall be tested for leakage (outward or inward) and shall not'ekceed 200 gallons per inch,diameter per mile per day for any section. (2) All work shall be completed in accord with the approved plans and Ten State Standards for Sewage Works and under the supervision of a'pro£essional. (3) Upon completion of construction, certification by the supervising registered professional engineer shall be made in writing to the Division of Environmental Engineering that the system has been constructed in accordance with the approved,. plans, If there areany further questions; feel free to contact this office, Sihcer21y vniirc _ i ra) P. Howard Flanders, P.E. Sanitary Engineer 3' PI3F%sap cc to R. P. Trudell, P.E., R.I. Phillips, P.E., C. Carter, A. Nye, R.E. F',J: Geierr Vermont Assoc. Inc. PREV/O[/S SLMVEYS H40 A U 7694 40 '-10�' 'O A/AGNEr/C A49RTH FROMSWCONC S RWY• AILN! O7/BJ Od M-,U& W " &ICUIL '9" 3� 3EP /O oBi SMALeNEYPCATFNROA NSneNRS B I OI s SAKKCEN BY WA.4RENRA9ENST/EN CU°L'YA C.LCFCOU4SE MW �__ ti`�S•1. O4rCV DEC /9B8FOROETALCS Q' /OU4RRY//CL/ 6' rAxs PARCEL. vCY. 66, •\s / BMARYA! OTYQ,ryvv GEC�PGEA. DE'fCARY,F �` ,J •91j S�Q 6L14Yr vrav 4 N1'. 2//, PG Arm 22 ro p9 �0 EAST l•REW Lp1gpMNWAKf' 'L"c�.• A' 2 RALPNELIESLAUWRS, o {t. •-� 000' i p s o6 j3 N - I- BZ ChdR/ST/rlfA D. I.L4Al�SA SAR.[L . • s 06 :!3'41 "w - 4 KY.17B P./BQ KY.109 P167 N BJ . .. Z - — fi r = '1j S 06 3 '43 ••W 3B 3 /00 oO' �O?l aa' 20. 00 ?0 00 /oo OO' F'r'� - [2JACRES S BJ 24%5 E N 06 J343 W 29760' -N07YJ41'E �A'06•JJ'45'E 1J996' pp J4 J4J .� '� £—'--'t"�_4 �- p 5O' p�__��p�_���___� .S/00' /OO.J4' �. 47 BOB6' q /Ol46' OOY/' 00' BO O' O h 1 .p� .AFFREYP. BN.4ACY T. R � 1, A6. �,h6 l?X. 26/. FG 4/1 , \1 � i W� h� o WB8 do W o N4j @ .q ^ o 0 Ih � lV O 1145� � O 81R � ♦ m m +� m�� � � qhd ro "� ry 0 �1 ��� �6 �I�h Wes. •"O� OI;� yG, ;� hl �n p6 �I� lid `n �:• 22J2' h 76,9 U i2 /QO, j _ /00.00_ /00 00' 23 .00' /20 s000' /0000' I 8000' I B OD' BO 00' .x °-- - —° - ' — I— - 80 - •0..00' s. '' i3'7J3T�'f N 06v4r1'Y" //"•-NL163543'E •� -, j�� ������� O� LzHsr IS BJ Z/ZO'tl b� ,p h r .rr S 06'i545"W-y-4.1B' _ __ _o____°____o�"__—o—__ l73' s73 1tS' 71 /OQO /00.00' O /00.100' /0000' /0000 /0000' .'O.00' 9 11 id O �' O O O R O M 4 O •? © O '� ~ O H K ® \ m I• 2 � Z m� } 75'_I __75,_.—:71' 30J7.p4963• ioo.00'i0000-p o9P?_�!Q��_p iQo.Pp'/2gO9-99_/oaao_a,�¢' a f7 jf•7Jr 7O , N06 %6'JO'£ 6799/' NOTES E4ST YFW COICOWW4 Q SI%E / UTK/T/ES PLANBrF/rW rAYCK L L EWELLPW 64C OCr /990,9YW 4 90075 2RRO9affD LOr LAYOUT nw FRAAK GEB"R BYP4LAFR COI/°4NY LTV 04MV1.?Al2/75 AFCOKIEO KR. I05A 4J. PL.4r P` 544WVV/SA1Y CK /RELA467 ACUSTR.t S AC BY rR"iL CCWS41MW EAVIACERS MC //26/77. 6/9/7B YOL./5J PF. 4 CLOUA ca F COLRUFAC /OU4AWYAW 4 CC L43/BY G•4EENAIr SLWVEYOPS J/2/77 V/0 7P144 A40 BY N£BSrERAWRrhVAC /1/7/66 V/O7P.B4 5 PLAT a'Ra AAV B EVAAGEL/AL 0.�3LAL4WERS BY TR"XzZ CCWSC(TPIG EAC/AL ERS MC O4TED 9.12.177 6 PLAN 90W/N6 LOTS 7C049C, B/OC 6WENNr SCaR'✓/F�?Y 9YCpN��fOLLAFWV RO eNSrrll'N�"",4 R/ERCEO(9g0NEp0 ✓a /07P./07 7 A4TED..[(✓ J. ECA9VE"DA C./66PJRBYbi! sIYKY"R GRAPH/C SCAI. E 0 .i0' 60' /2O /B0' 240' JOO' STATEMENT rMS PLANS A COLWLA%%CW OF S[A94!'YS AAc /S wr r0 BF CLWSrRLIO AS A JVI* 24RY S/RVEYPL.4r AO f/ELO NLWK fYRFOHIEV SLL2l�Cr TO CLL4AY,ES 4S dN ACCU94TE SLWVEY N Y DISCLOSE THIS PC4N/S FOR rAF USE O�OESLAIW1,ERS B SAKKCEN FOV PLANNING PLWPOSEs ONLY AND Da S NOT EXrEAO r0 4NY OrHERS. M7rFO9 RECO4LYNG R4R,-vsES LOC:4T/CW,VAP NOV 2 2 1991 City of So. Burlington COWILAT/ON C SWAFYS 'OR DESLAUR/ERS 8 SAIMLEN EAST TERRACE SO BURL/NGTON . VERWWr M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Deslaurier Development, East Terrace Date: July 19, 1974 1. Road and right-of-way should transition at lot 10-C. 2. I do not favor such a long street dead -ending. Emergency repairs to water and sewer lines will be difficult without an alternate way to travel. 3. Air release valves and shut-off valves on the water main will be installed where directed by the City Water Department. 4. A 20' R.O.W. shall be provided over lot 8-A for water main. 5. Extend an 18" pipe from a manhole in center of cul-de-sac to intercept surface drainage at low area between lots 8A and 8. A 24" pipe should be constructed from manhole to existing pipe. 6. There are visible fissures along the rim of the quarry which may result in serious maintenance problems if that land is deeded to the city for open spaces. 7. A sidewalk along the westerly street R.O.W. line should be constructed. This will be extended to Williston Road in the future under the city sidewalk cofistruction program. Respectfully submitted, William J. Szymanski City Manager �� `S7 •SS • .= .sr �+ 4049 f 75- i 1 ' �.• /00 aS' 'S4 •5+� 90' ioo' _xt• /00 /s� • v lot4 `�`�• KTa' 3a �. 100' /00- 6o a 4r .<. 60 2/ , (or ,t7c for la _�. i5 * 8t7 60• CO DOS • „�T iC �f ,ot 10 �a' ioi. #4 300 C t T Y OPEN SPACE N N D � 24 0 0 QuLiRR Y 5 Post -It'" brand fax transmittal memo 7671 #oipages ► To Z%CK iG From A �� Co. Co. Dept. Phone # Fax # Fax # �RE 5 rR ic;TE p To 5 i�c/6 G E PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 Julie 10, 1992 ZONING ADMINISTRATOR 658-7958 Ralph DesLauriers, Jr. RR2, Box 92 - Richmond, Vermont. 05477 Re: Revised Final Plat, East Terrace Extension Dear Mr. Desi:a criers : Encloser} please find a copy of the December 17, 1991 Planning Commission meeting minutes. If you have any questions, please Jive me a racer ly, oe Weitli, City Planner 1 Enc_. JW/mcp James and Christina Smullen City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER ZONING ADMINISTRATOR 658-7955 658-7958 February 10, 1992 Ralph DesLauriers, Jr. RR 2, Box 92 Richmond, Vermont 05477 Re: Revised Final Plat - East Terrace Extension Dear Mr. DesLauriers: Enclosed please find a Final Plat application for your proposed revision to the East Terrace Extension subdivision plat. The application fee is $30.00. The plans which need to be submitted with this application are as follows: 1. The plan submitted for sketch plan review revised to show the type, size and location of the existing utilities, and 2. A survey of lot #16 certified by a licensed land surveyor. Five (5) sets of the above plans and one (1) reduced copy (11x17) must be submitted with the application. Another issue which seems to be unresolved at this time is the open space lot which was a condition of the 1974-approval. Since the City does not want to accept this parcel, a solution to this problem would be to have this lot merged with the Quarry Hill Club property. Please contact me at your earliest convenience so we can discuss this issue. If you have any questions, please give me a call. i cerel , oe Wei , _it Planner JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 5, 1992 Ralph DesLauriers, Jr. 100 Old Farm Road South Burlington, Vermont 05403 Re: Revised Final Plat - East Terrace Extension Dear Mr. DesLauriers: ZONING ADMINISTRATOR 658-7958 You have asked for confirmation that the only outstanding issue left to be resolved in regards to the above referenced applica- tion is the 50 unit limit on a cul-de-sac street. It is planning staff's understanding that this is the case. Since the Planning Commission has the final approval authority with this application it. is possible that they may raise other issues prior to making a decision. If you have any questions, please give me a call. n erely, oe Weith, City Planner JW/mcp ,S�q U u 0 0 Ce c e A,.-u 7 Sew Y-P S ✓ �� (`Th / t� ti 4i4( ass 1 /;LJO Iq I �C No- Mgu;;;q�- 141(,W o1v r4r e—d C-176�4 l/ 7 �j Utevo J 7L vv\zhy r'Gt- ✓ � �u orVu T �u�f 7f T� 1ti 'S-d ���-� PLANNING COMMISSION 17 December 1991 page 4 attendees for each event, and 3)the number of attendees for each event who were also hotel guests. 9. As expressly represented by the applicant, the applicant shall become a member of the Shelburne Road TMA. The applicant shall be required to contribute dues once the dues structure has been established by the TMA Board of Directors. 10. The zoning/building permit shall be obtained within 6 months of the time in which sewer capacity is available or this approval is null and void. 11. The revised final plat drawings shall be recorded in the South Burlington land records within 90 days or this approval is null and void. Ms. Peacock seconded the motion which then passed 4-2, Mrs. Maher and Ms. Pugh voting against. 4. Site Plan application of Trillium Limited Partnership for construction of a 10,000 sq. ft. building for professional office use, 20 Farrell St. Mr. Williams presented the plans. It was noted that one parking space needs to be removed to allow for access to the dumpster and this will leave the applicant one space short. Members felt this was not a problem. Members asked that more trees be added along the front parking area and that there be additional foundation plantings. The ap- plicant asked the Commission to grant credit for some existing vegetation, and the Commission expressed a willingness to do so. The applicant then asked for a continuation in order to present additional information regarding landscaping. Mr. Craig moved to continue the application to 14 January 1992, where it will be Item #1 on the agenda. Mrs. Maher seconded. Motion passed unanimously. 5. Sketch plan application of Ralph Deslauriers, Jr., and Chris- tina and James Smullen to amend a previously approved 17-lot sub- division to officially recognize and create one additional lot, thereby resulting in an 18-lot subdivision, East Terrace: Ms. Pugh asked if neighbors were apprised of this hearing. Mr. Weith said neighbors are notified only for preliminary and/or final plats. Mr. Deslauriers said the lot to be created is 1.25 acres. It is the applicant's feeling that this lot is grandfathered as part PLANNING COMMISSION 17 December 1991 page 5 of the 1956 subdivision, but they realize they have to go through the formality to get it approved as a building lot. Mr. Craig noted the subdivision is served by one road with only one access and already exceeds the number of units that can be served under such circumstances (50 units). He said he didn't feel the Commission could disregard this circumstance. Mr. Deslauriers said there are people on this street with du- plexes on 1/4 acre lots which were granted one at a time even after the 50 units were existing. He didn't feel this applica- tion should be singled out. Mr. Craig said those approvals were not granted by the Planning Commission but by the Zoning Board. Mr. Deslauriers noted that they hadalreadyasked for the street not to be a dead end. Mrs. Maher said she had no objection to recognizing this as a lot. She added that this doesn't mean the Commission would allow any number of units on the lot. She felt there could be one or two single family homes that could be done in a way that neigh- bors wouldn't object. Mr. Sheahan agreed with Mr. Craig and felt that by recognizing it as a lot the Commission would be opening the way for a multi- family unit application. Mr. Weith noted that if approved, the applicant could go to the Zoning Administrator for a permit for a single family home or a duplex. For anything more, they would have to come to the Planning Commission. Mr. Burgess asked the status of the lot if the Commission says "no" to this request. Mr. Weith said the City Attorney says it's "left over land" as a result of other subdivisions on which this lot was never shown. Mr. Deslauriers said it was never considered a left over piece in the eyes of his grandfather. A poll of the Commission showed that 4 members (Ms. Peacock and Messrs. Craig, Sheahan and Burgess) would support the 50-unit/ more than one access requirement. Mrs. Maher and Ms. Pugh did not feel this would be a problem. Mr. Burgess asked what happens now. Mr. Deslauriers asked what would have to be done for him to take advantage of the city -owned right-of-way that could be used to create a second access to East Terrace. Mr. Burgess said they could go to the City and ask for permission to pave and use it. Mr. Deslauriers said he would be willing to build a breakaway gate at the end of the cul de sac, if this would be considered a second access. Mr. Burgess said he wasn't sure if this would or wouldn't solve the problem. He noted there are other gated accesses in the city, and the Com- PLANNING COMMISSION 17 December 1991 page 6 mission would be willing to hear any such proposals. Mrs. Maher left the meeting at this point. 6. Review Southeast Quadrant Amendments: Mr. Craig drew attention to some developable land that had been left out. Members asked for the following additional information: a. a Table 3 for the Resource Based Plan b. information on how much flow can be put through the sewage plant without expansion c. information from Paul Farrar as to how the 50/50 residential/ commercial split was arrived at d. a density number for protection of only wetlands and views As there was no further business to come before the Commission, the meeting adjourned at 10:45pm. Clerk r CUPOLA GOLF COURSE INC. (OU4RRYH/LL) 1/01-. 66, PG. J(96 %UM5 A. SMULLEN SEEAETAW MA AI P./67 N 63 °06 J5 "W 40. /4 ' i ' 45"E - 239, 96' --- - - - — Oo ' I 80. oo ' o 34 34 ' h v4t i W4 �-3 ZOO, 80.00 '56 5 E .0'S2 .0'S4 T5-91-912010; 7�z ZZg. X5�000� GEORGE� C/T YF � I 1� DEf SO, BURL/NGTON VOL. 2/1, ENO DEED FOUNOJ y S 06 3,545 �a /00.00 ' � QO�k, o .o'SB h 101 Q S 06�,GY /00.00 ' °`' 20.00 ' 20.0 S 93 °24 aOFFREYP B NANO)" T. PASCOE 00 VOL. 26/, PG. 4/5 /2 230.00' #60 ��/ 06 °35 45 E 062 rFRRa�� "PLAT FOR OESLAUR/ERS 8 " WARREN R09ENS71EN /98B FOR DETA/L S OF L. CUPOL.4 60L F COURSE INC. (411ARW H/LL) VOL. 66, PG. 366 s `�F o L6i SEEA6754/L o �9 AO EAST V/Ely CONDOM/N/UMS 'Lo6,o W R,4L PH E. DESL,4UrQ/ERS, CHRISTIN,4 D. 8 ,/,4MES 4. SMUL L EN IiOL.27B P./B5, VOL.209 P./67 N 99 008 35' W /.23 ACRES 40 /4 N 07°/345'E +-N 06° 35' 45"E 239.96' O �5 o—___ _o__________ ._____�,o O /O/. 46' �90. 00' &Q 00 " ' 80. 00 ' O 34..34 ' C D ��-iz O v Qkz �� V :Vz� �O In Z Q° r 0 50. 00' /00. 00 80. 00 8_ 00 BO. 00 � 56 IV 06'447,5'E 4a /V 06 °35 45 'E .0'52 #54 EAsr 75'- *75' s 02i2o E lIi �/ CITY c SO, BURLM (NO DEED FOU 5 06 035'45 "W 1 /00.00 ' /O /0.00 ' O A'S5 x57 O .0'6, 'Memorandum - Planning December 17, 1991 agenda items December 13, 1991 Page 3 3ewer: The sewer allocation for this project is 500 gpd. The applicant will have to pay the $2.50 per gallon fee prior to permit. The applicant will be placed on a waiting list, there is no sewer capacity available at the Bartlett Bay Treatment facili- ty. Traffic: The lot is not in a Traffic Overlay Zone. However, the applicant must contribute $750 to the Shelburne Road Intersection Improvement Fund based on 29.1 new trip ends to be generated by this use. Drainage easement: The plans shows a 15 foot drainage easement along the front of the property. This easement was a requirement of the 8/25/87 approval. The legal documents granting this easement to the City must be submitted for review by the City Attorney, and must be recorded prior to permit. Sewer Line Extension: One of the requirements of the 8/25/87 approval was that the developer reimburse the City $11.62/linear foot of frontage for the 1976 sewer line extension prior to per- mit. This should be made a condition of this approval. Other: --- a screened dumpster area is shown and it is located in front of a parking stall. When this stall is being used, the dumpster can not be accessed. --- exterior lighting consists of two (2) 250 watt metal halide cutoff luminaries on 14 foot poles and two (2) 100 watt incandescent recessed lights attached to the building. --- The applicant has been requested to provide fire flow information for the fire hydrant at Farrell and Swift Streets. The Fire Chief needs this information in order to determine adequate water capacity for a building of this size. The applicant has indicated that he will make every attempt to obtain this information in time for the meeting. 5) DESLAURIERS & SMULLEN SKETCH PLAN - EAST TERRACE The purpose of this application is to legally subdivide a trian- gular shaped lot located on East Terrace. This lot was original- ly approved on 7/23/74 (minutes enclosed) when the Planning Commission approved the East Terrace Extension subdivision but because it was not shown on the approved plat, it is not consid- ered to be a legally subdivided lot by the City Attorney (see 3 Memorandum - Planning December 17, 1991 agenda items December 13, 1991 Page 4 enclosed opinion). This application will revise the previously approved plat to correct this error. On January 15, 1991 the Planning Commission denied a request to construct a 4-unit residential building on this lot (minutes enclosed). One of the reasons being that it was not a legal lot. This lot, which is shown as lot #16 on the sketch plan, is locat- ed on the east side of East Terrace. It is located in the R4 District with a small portion of the lot at the southerly end in the R7 District. It is bounded on the north, south and east by the Quarry Hill Club and on the west by single-family homes. Access: Access to the lot is via a 50'x150' strip of land locat- ed between two (2) single-family homes which gives this lot 50 feet of frontage on East Terrace. This strip of land is part of the lot. Open Space: Condition #8 of the 1974 approval required that the City accept a parcel of land east of lots #13 and #14 for open space. City records do not indicate that the legal documents for this transfer were ever submitted. Apparently when this parcel was to be deeded to the City, the City Manager and Recreation Director visited the site and decided that the lot had no value and would create a liability problem. This liability problem results from the lot being adjacent to the quarry at the Quarry Hill Club. The Recreation Director and staff recently visited this site and still feel that the parcel of land is no value to the City and can not recommend its acceptance. The non -acceptance of this parcel creates a dilemma. On one hand the acceptance of this parcel by the City was a condition of approval of the original subdivision but the City doesn't want it. On the other hand, if the City doesn't accept it, a lot is created which has no front- age on a public street and its sole access is via a 10 foot pedestrian easement from East. Terrace. One option which would resolve this di i t�mma w,,,,i ei ti,o for the lot teal. 1l- in question to be merged with an adjoining lot or lots. It would seem appropriate that this lot be merged with the Quarry Hill property since this lot is owned by the DesLauriers family and so is the adjoining Quarry Hill Club. Another option would be to amend condition #8 to make this lot green space. This would prevent someone in the future from trying to develop this lot. Other: The Revised Final Plat will need to show the type, size and location of the existing utilities as required. 4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 13, 1991 Ralph DesLauriers, Jr. 100 Old Farm Road South Burlington, Vermont. 05403 Re: Revised Final Plat - East Terrace Extension Dear Mr. DesLauriers: ZONING ADMINISTRATOR 658-7958 Enclosed is an agenda for next. Tuesday's Planning Commission meeting and comments from City Engineer Bill Szymanski, Fine Chief Jim Goddette and myself. Please be sure someone is present on Tuesday, December 17, 1991 at 7:30 P.M. to present your re- quest. If you Have any questions, please give me a call. ge cer ly, Weith, City Planner En cL J JW /mcp cc: James and Christina Smullen M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: December 17, 1991 agenda items Date: December 2, 1991 DESLAURIER SUBDIVISION LOT NO. 16, EAST TERRACE 1. The 50 foot access drive was originally intended to be a public street. The owner should retain that option for the remaining land. 2. Lot survey plan titled "Deslauriers & Smullen" prepared by Vermont Land Surveyors, Palmer Company LTD. is acceptable. VEFMONT CUSTOMS SHEET METAL Site plan dated 11/90/91 is acceptable. TO: FROM: RE: DATE: 1. �-'tllltii i-lUrliritgton , ire :43cpartlilcut 575 Dorset street utttli +�ttrtingtim, ]Vermont 05403 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY DECEMBER 17,1991 AGENDA ITEMS MONDAY DECEMBER 2,1991 VERMONT CUSTOM METAL ETHAN ALLEN DRIVE LOT # 1 PLANS WERE REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THE ADDITION OF 4800 SQ. FT. 2. DESLAURIERS & SMULLEN EAST TERR. PLAN HAS BEEN REVIEWED BY THIS DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THE SUB -DIVISION FOR LOT #16. PLANNING COMMISSION 15 JANUARY 1991 page 2 torney. If citizens wish to take action, they can appeal de- cisions of the Zoning Administrator to the Zoning Board. Mr. Reed said another concern is safety because of the significant amount of water that will flow through the ditch. He noted there are many children in the neighborhood and there is no barrier between Ledge Knoll and the Green Acres properties. The ditch is 6 inches from the property line, he noted, and is a significant gully. Mr. Howell noted there is now a culvert in the middle of the field. Mr. Reed said the culvert diverts water to the east through the rise.. Mr. Howell said he was concerned that enormous changes can happen to that property without ever going to the Planning Commission. Mr. Burgess suggested consulting the City Manager. Mr. Sheahan noted the Wetlands Division of WAter Resources will be taking an interest as there may be a violation of State Statutes. 2. Minutes of 4 December 1990: Mr. Craig moved to approve the Minutes of 4 December 1990 as written. Ms. Peacock seconded. Motion passed unanimously. 3. PUBLIC HEARING: Continue preliminary plat application of Art Sheilds and Bill Sabiloski for construction of a 4-unit residen- tial building on 1.23 acre parcel of land located on East Terrace Mr.. -Austin -moved -that -the _Planninq-Commission -adopt -the ._Findin2s of_Fact_and_conclusions_and_decisions_in_the_document:._"_Re:_Appli-z cation of_Art_Shields_and_Bill_Sabilhskia_and_dethe_a lication foE_the_followinq_reasons_ 1,_The_a22lication_does_not_meet -the _requirements -of _Section_ 40 _1G7j-of _the -South -Burl ington_Subdiuision_Re ulations___Eour t4T_d_welling-units -are -be in A�-Proposed -an_a_cu.l_=de_sac_street_kEas_t Ter-r+-a--ce--1 .1,4-LL"rese-a :1C'-- _ tua_u_PlLl�`eCCeeUS-Dzu_units_the_maximum_number_of dwellinq_units`allowed_ 2 --The -lot -on -which _Lhe -development. -is -proposed -is-not. -a - leqal-IQL in_that_it_has-not-obtained _re uired -subdiv is ion -approval� _ 3 4 irements_of _Section n_Re�u� lations___A_faur _would_be� inaPro riate ano_incompatible-with _existin5_adj. acent_sin�c�le=family dwelli�n and_therefore -is -not _"_aestheticallyr-compatible -with -existing build ings "_in_the _ area _ Tho a PLANNING COMMISSION 15 January 1991 page 3 Mrs--Maher—seconded..__Motion_Passed_unanimouslv_ (Note: Findings of fact attached.) Mr. Shields said that as a citizen of South Burlington he felt the Commission hadn't given the application due process. He felt it was clear from the inception that the Commission was looking for a reason to deny the application. 4. Comprehensive Plan Update: a. Review Draft #3 of Land Use Section: Mr. Austin raised the question of growth centers. He felt every part of the city was a growth center except the Southeast Quadrant. Mr. Weith said the reason is that the city has developed to a great extent already. He had included areas con- tiguous to developed areas where growth could continue. Mr. Austin felt it was a useless distinction. Mr. Poger noted that to allow development anywhere puts a differ- ent kind of pressure. Orderly progression allows assessment of what to do with open land. He noted that costs for longer school bus routes, police protection, etc., are real figures, even if they may be unknown. Mrs. Maher asked why on P. 6 acreage had been decreased from 10 to 5. Mr. Weith said it was a suggestion for a range of rural res- idential. Mrs. Maher said she didn't like the 5 acres, Mr. Craig noted there may be a limit to how much you can do and still have it be considered a reasonable change of zoning. Mr. Sheahan asked if the dividing line follows property boundaries, Mrs. Maher said it didn't Mr. Burgess noted that everything to the north was somewhat developed and everything to the south of the line was basically open. n cif �__ •• .-�, izer, a�Keu if any consideration had been given to the fact that homes in the area would be all on one level of social strata. Mrs. Maher noted there are different types of zones in different parts of the city, Mr. Craig said the Commission should consider whether to call Shelburne Rd, a growth area if projects are being denied because of traffic problems. Mr. Burgess suggested language to indicate what is being planned to alleviate traffic problems. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 October 21, 1991 James Smullen 4 Sebring Road South Burlington, Vermont 05403 Re: Revised Final Plat - East Terrace Extension Dear Mr. Smullen: ZONING ADMINISTRATOR 658-7958 This letter is to outline the information needed and the proce- dure required to legally subdivide the lot at 46 East Terrace. The procedure will involve a'two (2) step process with the fol- lowing information required: SKETCH PLAN --- complete enclosed sketch plan application. --- submit with the application five (5) copies of the revised East Terrace Extension subdivision plat showing the lot in question as lot 16. Remove the lot numbers for lots 7C, 8C, 9C and 10C. --- submit one (1) reduced 11"x17" copy of the subdivision plat. --- submit the above information as soon as possible in order to be scheduled for review on October 19th. REVISED FINAL PLAT --- subsequent to sketch plan meeting, submit final plat appli- cation with $30.00 filing fee. --- submit with the application five (5) copies of the Revised Final Plat and one (1) reduced copy incorporating any changes requested at sketch plan review. --- submit with the application five (5) copies of a survey of the lot in question certified by a land surveyor which if approved will be recorded in the land records. James Smullen October 21, 1991 Page 2 --- once all of the above information has been received, a public notice on your application will be warned in the newspaper at least 15 days prior to the public hearing. The date of the hearing will be determined at the time the application is submitted. If you have any questions, please give me a call. -i ce el , oe Weith, ity Planner JW/mcp cc: Ralph DesLauriers, Jr. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 3, 1991 Ralph DesLauriers, Jr. 100 Old Farm Road South Burlington, Vermont. 05403 Re: East Terrace Subdivision, Lot 416 Dear Mr. DesLauriers: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please submit five (5) copies of a revised sketch plan which addresses these comments no later than 'Tuesday, December 10, 1991. Should you have any questions, please give me a call. Since)?,ely, , Raymond J. Belair, Zoning and Planning As.-.istant Encls RJB/mcp cc: `lames & Christina Smullen Preliminary Comments - December 17, 1919 agenda items December 2, 1991 Page 2 --- Subdivision plat on file with this office indicates a 200 foot wide utility easement across property and site plan shows only a 100 foot wide easement. DESLAURIERS & SMULLEN - EAST TERRACE -SKETCH PLAN Additional information required on sketch plan: --- Type of, location, and approximate size of existing and proposed utilities. Other: --- For revised final plat, a survey plat of lot #16 must be submitted which has been certified by a licensed land sur- veyor. 2 STEVEN F.STITZEL PATTI R. PAGE,* ADAM E. BRIDGE (*AL. 0 ADMITI'VI) IN N.).) Kenneth L. Geduldig, 410 Shelburne Road South Burlington, VT STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 660-2555 FAX (802) 660-2552 November 20, 1991 Esq. 05403 RE: Smullen/Deslauriers Lot -East Terrace Dear Ken: OF COUNSEL. ARTHUR W.CERNOSIA I was unable to find the deed for the conveyance of Lot 10-C in the East Terrace Extension Subdivision. Apparently I wrote down the wrong volume or page number. In any event, I have discussed the matter with City Planner Joe Weith and with Jim Smullen. Apparently they have been working together to get the problem ironed out. It is my understanding that Jim is prepared to file an application to amend the East Terrace Extension Subdivision approval. This will require the submission of a map showing the entire East Terrace Extension Subdivision, and the survey of the lot in question. It is my understanding that the owners of this parcel are hoping to sell it at this time. Consequently, it seems to me that clarifying this lot's status as an approved lot makes the most sense. Otherwise, any potential buyer's title search may turn up the same problems we have pointed out. If you have any additional questions or wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, ,dam E. Bride\ AEB/bjv cc: Joseph Weith L:\son529.cor CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Aj r% lV1a�y�� cU it e J . -, /00 b. Applicant �Y c . Contact 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 3) Applicant's legal interest in the property (fee simple, option, etc. 4) Names of owners of record of all contiguous properties Mc.K��7z�e —iray A--O0 h ✓.,/ Urr1S 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. L 1 c IL 'vJ'--ta , A"yt44 _Ww(t i kr r 'tOL 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: eo" L/rveLl a+- p-6pe4+ 1 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and Proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. 0 (Signature) applicant or contact person Date 2 LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 June 7, 1974 William J. Szymanski City !tanager 1175 Williston Fcoad South Burlington, Vermont 05401 RE: opinion No. 60 Subdivision Application of Deslauriers Dear Bill: The Planning COFnmission has asked a couple of questions con- cerning the subdivision proposal recently submitted by Mr. Deslauriers. It is my understanding that some of the proposed lots are divided by a boundary line between two zoning districts. It is my recollection that the lots have a depth of 140 feet from the proposed street in the R-4 district, and an additional 40 feet, which would be in the rear portion Of the lots, is in the R-7 district. Single and two-family dwellings are permitted in the R-4 district, but only multi -family dwellings in the R-7. If a developer wishes to utilize the lots for two-family dwellings, he would be unable to do so unless the R-7 land were classi- fied as R-4. It appears that Section 13.70 (8) of our zoning regulations is designed to take care of this type of problem. Under this Section, the Zoning Board of Adjustment may in effect extend the district boundary lines a maximum of 50 feet beyond the district line, which in this case would permit the developer to utilize all of the Subject for R"4 purposes. If the developer wishes to construct two-familyrty dwellings on these lots, he should submit an application for a conditional use under Section 13.70 (8). The only other way the situation can be handled is by amendment to the zoning map, which is a fairly lengthy process. The Planning Commission would also like further interpretation of 24 VSA 54415 (5). The language in question reads: "That where indicated by the plan, the plot shall show a park or parks suitably located for playground or other recreation purposes, if the areas so required do not exceed more than 15% of the area of the plat." The language "where indicated by the plan" seems to require that the parks be depicted on the land use map incorporated in the LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 William J. Szymanski June 7, 1974 Comprehensive Plan. This interpretation, however, may lead to a planning impossibility, and I would prefer to construe the phrase as requiring language in the master plan which in a general sense promotes the establishment of neighborhood parks. I, therefore, would conclude that the Planning Commission, in its judgment could insist that the subdivision plat depict a park suitably located for recreational purposes, if the designated area does not exceed more than 15!� of the entire area of the plat. In connection with the park issue, i do not feel that the zoning district in which the proposed park is situated is of any relevance. Section 13.70 of our zoning regulations indicates that all territory annexed to the City for park and recreation use shall be considered within the park and recreation district. The other concerns of the Planning Commission in construing the language of 24 VSA S4415 (5) are sufficiently covered in Opinion No. which is dated October 9, 1973. Very truly yours, �� Richard AtZpoke's RAS:nm cc: Richard R. Ward Zoning Administrator �—T 4SS a T rmT�IC. CIO*I - ;)V J, ONDING OR ESCpO:�' -_G EEr• NTS D. --, I NG JS 07. 3. LI^T , PPROV ;LS GR�;TED ::'ITH DATES. .TD PAR'"ITS G?�;R'TED. SITS ItdSr �C"'IONS CO�iPI,ET`,D• ETC. Sl-I 7 Z (" "TITS � r TT T Cam:-iT!71C -�T.T� t'^ T LTi_'. CE T ED . ,1 lr_m�' •.rn IT x. • -.a. J .. ��-- - T - -'l .!C 0-•^ Cop): � nT nT�'4jT T,", ^ICT TV J♦J• V. �T T _JJ (I^ _ n^�� � 1 - • ._Tl," -ter,--, ?.- _,�^ T\,MC U n._.D _D T- � mY T TT O -, 7D/r TE - -,Tv-•T.• C,p• _.^... _ :I (.._:C Q- D C_.T-CUL �."'I CTI : �,�r, , T�, :.�. u 1 IT rC n,,..T ) T, . O lJ 1 . JVTI' .. "il.+h l.l'L C(IT LT., ...! CITY OF SOUTH BURLINGTON APPLICATION FOR A DEVELOPMENT OR SUBDIVISION PERMIT 1. Applicant's Name, Address, and Phone Number Zoland J. Deslauriers and holton Valley Corp. 434-2131 2. Name, Address, and Phone Number of the Person Whom the Commission should contact regarding this Application nt olton V%:0..Iey Corp. , Dolton Valley, Vt. 434-2131 3. Nature of the Development or Subdivision To extend Fast Terrace approximately 700 feet 4. Location of Development or Subdivision At end of Last Terrace 5. High and Low Elevations of the Tract of Land involved with the Development or Subdivision 6. Address of each of the Applicant's Offices in Vermont 7. Applicant's Legal Interest in the Property (Fee Simple, Option, Etc.) j . 7) ll va -.1 Icy Cor-,.�. -Onypll.oping agent - 2 - 8. If the Applicant is not an individual, the Form, Date, and Place of Formation of the Applicant FORM: DATE: PLACE: Verr.�iont 9. Estimated Cost, Exclusive of Land Cost of the Development (Applicant for a Subdivision Need Not Answer) 10. Application for a Subdivision, the Number of Lots 1C. (sixteen) 11. What Restrictive Covenants are Planned for any Deed(s) to be issued? 12. Description of the Proposed Development of Subdivision A. Plans and Specifications: (1) Attach a detailed plat or plot plan of the proposed project drawn to scale, showing the location and dimensions of the entire tract. This plan should also show: all lots, streets, roads, water lines, sewage systems, drain systems, buildings, existing or intended. (2) In subdivisions where individual water and sewage facilities are intended, indicate the proposed location(s). (3) Show all easements, parks, playgrounds, parking areas, water courses, and other bodies of water, natural or artificial, existing or intended. (4) Include a contour mab of the land involved drawn on a scale of 5 foot contour intervals. (5) Indicate on the plans the location and width of any easements for utilities, roads, etc., exist- ing or intended. Attach a written explanation of any such easements. -3- 13. What is the purpose of this Subdivision or Development and What is the intended use of the land after Subdivision or Development? to cevelo?p house lots for. approved. --4 u-ses 14. Describe the Site of the Proposed Development or Subdivis- ion including information, if available, on Soils, Streams or Other bodies of Water, Bedrocks, Etc. ratf. id., fomerl,y meadows/no )odies of ., a,ter / he":).vy sci.7 Conditions similar to rest of Last `.ferrate. 15. Acreage: A. Number of acres owned, or in which you have a legal interest to tract - 13 acres, in 1j'ur1_in^ton acres B. Number of acres in this project 7 a.cres C. Number of acres previously developed D. When do you anticipate beginning the project June 1(?(4 E. When will this development or subdivision be completed October 1974 16. Water System: A. What type of water system is to be provided, such as: Individual system on each lot, community system, municipal system, etc. municipal system B. Where is the nearest municipal water system and is it available and feasible to use it? Muni ci.pal water line,,3 already in for most of this project 17. Sewage System: A. ldhat type of sewage disposal system is to be provided or intended, such as: Individual system on each lot, community system, or municipal system? -to connect to existing; municipal. system - 4 - B. Where is the nearest community sewage system and is it available and feasible to use it? `:o. '-'surlinsrton mains abut this property C. If the sewage system is other than a community, municipal, or individual lot septic tank and leaching field, include competent professional engineering evidence that it will perform satisfactorily. 18. Adjacent Property: A. List below the names and addresses of adjacent property owners. 'xo.1-1 Cour:. o Iris. University of Vt. farm - on Last Terrace - r. -cc. t...il'. - 7 t. - ,7t'J�E ..i_-„'U�.� • Y • >a 'gent) B. What is the adjacent property used for at present? C. What is the future usage intended for the adjacent property? 19. Zoning: A. Which'District or Districts is the proposed site with- in according to the official zoning map of the City? liesidential 4 DATE J SIGNATURE rL� ph If. na riers Dolton Valley Corp. i ,.j STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION NO. 4 RE: ) Waiver of 20 Day Requirement Case No. 4CO180 ) Transfer of Permit ) From - Frank Geier ) May 7, 1976 To - Ireland Industries, Inc. ) South Burlington, Vermont ) The Agency of Environmental Conservation hereby waives the twenty (20) day notice requirement regarding transfers of permit for the above captioned permit transfer to Ireland Industries, provided that a properly executed transfer request is filed with the District Environmental Commission. I hereby certify that a copy of the foregoing Waiver was sent by U.S. Mail (Postage Prepaid) to all statutory parties. Dated on this 7th day of May, 1976 at Montpelier, Vermont. Respectfully submitted, STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION By`iF Stepheii/B. Sease, Administrator Land Use and Development RECEIVED CNACTER'S OFFICE so• ''DURLINGTON Sej.)temtDor 26, 1974 Mr. Norman Bicknell Middlebury, Vermont 05753 Re: UesLauriers sale of Lot #12 mast Terrace, South Burlington to 'Dicl,.nell ;)ear Mr. Bicknell: Please be advised that Lot 12, as depicted on a PrOPOsed subdivision plan dated June, 1974 of the LesLauriers sub- division, so-called, was approved under subdivision reviev-i �)j the Sout'i Burlington Planning ConuAssion on July 25, 19,74. Lot #12 is therefore in conformance witD. ttie, city 's Zoning Regulations. ise advised also tiiat Lot 12, as sjjowj: and described as having 2301 frontage by 2000 in dept1i, d,,Ould also conform if the proposed su'Ddivisioll was not cO"aPlv.tk--d- Very truly yours, ldc,',Iard Ward Zoning Administrative officer RW/11 M E M O R A N D U M To. South Burlington Planning Commission From. Richard Ward, Zoning Administrative Officer Re: DesLauriers Subdivision, East Terrace Date: July 19, 1974 The subdivision proposed is to extend East Terrace approximately 1000 feet southerly and to set-off 17 lots. All 17 lots contain in excess of 10,000 square feet, and are in conformity with the dimensional requirements of the ordinance. Lot 10C as shown on the study plan contains a frontage of 70 feet. This appears to be a boundary line alteration which. is not allowed. Lots 10C, 9C & 7C are part of a preexisting subdivision, "Green Mountain Park". It appears that the three lots (8C, 9C and 10C) are being adjusted to allow for a 10' X 150' strip of land, reason not known at this time. The alteration of these boundaries creates a subdivision and therefore requires a public hearing by the Commission. It is the feeling of this office that these lots have been subdivided in violation of the city's subdivision regulations and in fact lots 10C and 9C have already been sold. Lots 11, 13, 14, and 15, as you are aware, are in part in R7 District, thereby needing a variance for the construction of a duplex. (See opinion #60 of Attorney Richard Spokes). If land within this proposed development is to be considered for a park or playground it should be so indicated. Respectfully submitted, Richard Ward Zoning Administrative Officer July 25, 1974 Mr. Ralph DesLauriers Bolton Valley Corporation Bolton Valley, Vermont U5477 Dear Mr. Des","auriers- Be advi,3 c (3 - that the SOutA'l Burlington Planning C01"Mission has granted approval for a seventeen (17) lot subdivisior, located on A-1 the southern end of the exitltillg Last Terrace. Approval is granted with tjje foll-owing stipulations-. 1. That a '"'f. 0 foot F-J-W be provided across Lot A. 2. Tihat the proposed -Ul-de-jac be located 30 feet to the north of I�i Quarry r till Roac.1. 3. That a 10 -f--oo4C for ',)ed-,st_rian and bicycle traffic be provided off the cul-de-sac, to flIuarry Hill Road. 4. 'I.Ilat Lots 8C, 9C and 10C be relocated in conformance with the pre-existing Green Mountain Parl, subdivision (tide three lots moved to the north 1.0 fc-et). 5. That Lot 15 be adjusted 10 feet to the north and that a 10 foot R.O.W. be provided to the proposed open space or park area. 6. That an area of approximately 31,000 square feet be deeded to tie City for a park or open space area, this area to be located to the rear of Lots 15 and 14. 7. That construction of duplexes be approved by the Zoning board of Adjustment (re: Attorney Spokes' opinion #60). 8. That sidewalks be provided on the westerly side of Last Terrace and that these meet city specifications. 9. That all performance bonds be poste(` _1 witi'l the concurrence of the City Manager. El Mr. Ralph DesLauriers Page 2 July 25, 1974 10. That valves be installed on the water main as specified by the city Water Department. 11. :i:hat all 6.raiiiaye meet the approval of the City Nana(jer. 12. Iehat the pedestrian and bicycle rights -of --way have a depressed curb from the cul-de-sac. The above stipula.tiolis must he showii on a final. plait -i"I'iicll is to be approved by the Chajrwan of the, Planninc-4 Coiiiriiission and tie - City A final subdivision plan must also be recorded wit1h the City Clerk in accordance with Chapter 15, Section 1403 of the Vermont Statutes,Annotated. When you have prepared your final plan please advise this Office. Very truly yours, Richard Ward Zoning Administrative officer State of Vermont Department of Fish and Game Department of Forests, Parks and Recreation Department of Water Resources Environmental Board Division of Environmental Engineering Division of Environmental Protection Division of Planning Natural Resources Conservation Council AGENCY OF ENVIRONMENTAL CONSERVATION DISTRICT ENVIRONMENTAL COMMISSION 111 West Street Essex Junction, VT 05452 April 30, 1976 11r. Stuart D. Ireland, President ` s Ireland Industries, Inc. P. 0. Box 2286 South Burlington, Vermont 05401 Dear Mr. Ireland: Enclosed please find an application for Land Use Permit Amendment which will need to be filed for the transfer of Land Use Permit #4C0180. Please complete the form and return to this office. As specified in item #10 a copy of the application has to be filed with the City, the City Planning Commission and the Regional Planning Commission. Twenty days notice is required unless waived by all parties. Parties to the application are the City, City Planning Commission, the Chittenden County Regional Planning Commission and the Agency of Environmental Conservation, attention Mr. Steve Sease, Montpelier, Vermont. Upon receipt of the completed application form, I will send notice to all parties unless you wish to contact them as to the possibility of waiving the 20 day notice period. Call if you have any questions. Sincerely C Curtis W. Carter Environmental Coordinator CWC:mis STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION NO. 4 RE: Case No. 4C0180 Transfer of Permit ) From - Frank Geier ) To - Ireland Industries, Inc. ) South Burlington, Vermont ) Waiver of 20 Day Requirement May 7, 1976 RECEIVED MAY 1 c, 1976 MANAGER'S OFFICE so. MURLINGTON The Agency of Environmental Conservation hereby waives heYtwenty (20) (20) day notice requirement regarding transfers of permit for the above captioned permit transfer to Ireland Industries, provided that a properly executed transfer request is filed with the District Environmental Commission. I hereby certify that a copy of the foregoing Waiver was sent by U.S. Mail (Postage Prepaid) to all statutory parties. Dated on this 7th day of May, 1976 at Montpelier, Vermont. Respectfully submitted, STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION 1 BY Stephen B. Sease, Administrator Land Use and Development May 7, 1976 1-1r. Stuart D. Ireland Ireland Industries, Inc. P.O. Sox 2286 South 3urlinl-ton, Vermont 054ul ?d ear 1-1r. Ireland: A -lease be advised that the City of, jcutl- Burlington and the South 3urlinGton PlanninS Commission hereby V­ive the 26 day "trace" period associated wjtj� the transfer" of tl�e East TerrL_cc Extension land use .perrnit #41C0180 to you. The -rant-4-n- of tYJS waiver is continent upon the developer mectin- all comll-tions ,,�nd st±','-1uL,,,.tions jm� Z.., Posed on t1-e at tl-c time the subr�j.vision was, ori-in,,11y ;;.proved. (c' ) nj)y en - "My cll-_n-,_�s in t7e cubdivy-pion slat Pius -;be reviewed by t-Ye __`lc_nn:2n- Co-,-ilisssinn. Yours truly, St,e'pl-en _LLce I -'l_nnin4'*S:Ast,:nt,. C�;: Mr. Curtis Carter District, &vironmental C-nrdinator 111 `,Wlest 'Street 114ss,ex Junction, Vermont 051+52 MEMORANDUM TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: RICHARD WARD, ZONING ADMINISTRATIVE OFFICER RE: DESLAURIERS SUBDIVISION DATE: P/'LkY 245 1974 The Subdivision proposal is to extend ',ast Terrace approximately 765 feet southerly and to set off 16 lots. All 16 lots contain in excess of 10,000 square feet which is required by the zoning regulations. Lots 11 thru 16 as shown on the study plan are in part within the R7 District, the depth of the R4 zone is uniform with East Terrace (140 feet) single family lots are not allowed in R7 zone. Lots 12, 141 15 & 16 are shown 100' x 180' which are large enough to serve as duplex lots. They are also in conflict with the R7 zone. Lot 9 as shown is not in conformity with Section 407 of the subdivision regulations, i.e. on a street turn a reduction in lot frontage is allowed, however, not 'to exceed 30%. The minimum frontage requirement in R4 zone is 100 feet. Lot 9 contains a maximum of 60 foot frontage. Section 406B, Pedestrian ways, of the regulations should be considered in light of the fact that.Quarry Till in the future will be required to set off land for parks or playgrounds. The Commission should also consider land within this development for a park or playground. Lots 8C, 9C and 10C are recorded on the Green Mountain Park subdivision plan, to the north of the Oakes property line is a 501 right-of-way which was also set off by the Green Mountain Park plan, this is not shown on one of the plans. The roadway shown .is 20 feet, subdivision regulations require a 30 .foot roadway. The roadway should also be centered within the right-of-way. The cul-de-sac shown is not a city standard design. Xl�lso a 60' right -of -.gay should be sho,vP_: to the south end of the cul-de-3.c for future connection to Slnear Strset. Anoth 'r, �:tdd.itlon=il hyd.ra.nt is reni.tired in tr:, iereral area of lot 11. The DesLauriers property as. shown in "reed" on one of thv study plans, abuTs the Cupola Golf Course property. This plan should indicate proposed land use for this land, also proposed access to the land. IRELUM� INDUSTRIES, INC. P. 0. BOX 2286 SOUTH BURLINGTON9 VT 05401 Mr. Steve Page Planning Assistant CD City of South Burlington South Burlington, VT 05401 RE: East Terrace Extension Land Use Permit #4CO180 Dear Mr. Page: We are the present and legal owners of the above parcel. This parcel was purchased from Mr. Frank J. Geier who had a valid land use permit. We are now in position to start in the construction of the utilities in this project. However, we have discovered that an amendment application to the land use permit must be performed. This is no problem; however, there is a stipulation that there is a 20-day grace or waiting period. C;1 Enclosed please find a copy of a letter from Mr. Curtis W. Carter which is self-explanatory. We request a letter of waiver from your office to Mr. Curtis with a copy to us. Thank you. Sincerely, Stuart D. Ireland President edo Enclosure SOUTH BURLINGTON NOTICE SUBDIVISION HEARING The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 1175 X'illiston Road, South Burlington, VT on Tuesday, July 23, 1974 at 7:30 p.m. to consider the following: Appeal of Bolton Valley Corporation, Mr. Roland J. DesLauriers of Bolton Valley, Vermont for approval of a subdivision of a parcel of land containing approximately seven (7).acres, into seventeen (17) residential lots, said parcel is the extension of East Terrace, bounded on the east by the Cupola Golf Course, on the west by }properties of Sargent Brown, Demers, Staron, Clark, 1r.'illiams, Raynor and Trustees of Parsonage of Vermont, on the north by the Ewing and DesLauriers property and on the south by the University of Vermont Farm, as per plan on file in the City Hall Offices. Mary Barbara Maher Chairman South Burlington Planning Commission July 6, 1974 SOUTH BURLINGTON NOTICE SUBDIVISION HEARING The South Burlington Planning Commission will hold a public hearing at the South Burlington City Fall, Conference Room, 1175 Williston road, South Burlington Vermont on Tuesday, May 28, 1974 at 7:30 p.m. to consider the following: Appeal of Bolton Valley Corporation, Ns. Roland J. Deslauriers of Bolton Valley, Vermont for approval of a subdivision of a parcel of land containing approximately seven (7) acres, into sixteen (16) residential lots, said parcel is the extension of East Terrace, bounded on the east by the Cupola Golf Course, on the west by properties of Sargent, Brown, Demers, Staron, Clark, Williams, Raynor and Trustees of Parsonage of Vermont, on the north by the Ewing and Deslauriers property and on the south by the University of Vermont Farm, as per plan on file in the City hall Offices. Mary Barbara Maher Chairman South Burlington Planning Commission May 13, 1974 OLTON ALLEY C O R P O R A T I O N Mr. Richard Ward City of South Burlington Zoning Office South Burlington, Vermont Dear Mr. Ward: BOLTON V A L L E Y, VERMONT 0 5 4 7 7 TELEPHONE ( 8 0 2) 4 3 4 - 21 31 May 1, 1974 Mr. Warren Robenstein will be sending you copies of the map. I will be out of town until May 13th. If you have any questions contact my father, Roland DesLauriers, at 434-2131. Sincerely, Ralph R. DesLauriers President S K I/ S U M M E R R E S O R T May 71 1974 Folton Valley Corporation Polton Valley, VT 05477 Attention: Mr. Roland Deslauriers Dear Mr. De slauriers: This office is in receipt of your application for a sub- division of land located off East Terrace. however, no plans have been forwarded to this office as of this date. Also with tide applicat'lon and Plans you must pay the hearing fee VrAch is S2.00 per unit. I can't process your application until the plans 6 fee are forwarded. If you have any questions, feel free to call me at 863-2P91. Very truly, Richard Ward Zoning Administrative Officer EW/j M E M O R A N D U M TO: PLANNING COMMISSION FROM: WILLIAM J. SZYMANSKI, CITY MANAGER RE:' EAST TERRACE EXTENSION DATE: MAY 28, 1974 1. The road 60' R.O.W. should be centered on the center line of the road or offset 5' at the terminus of the 50' R.O.W. 2. Street design not to city standards. 3. Proposed utilities are not shown. 4. Points of drainage outlets not shown. 5. Cul-de-sac not to city standards. It should be placed where there are no driveways off of it. 6. Provisions must be made to intercept drainage at the rear of lots 7 and 8 and connect to street drainage system. 7. Consideration should be given for reserving a street or walkway R.O.W. to the Quarry Hill Road. 8. Portion of existing street drains across lot No. 8-C - this must be extended easterly (by piping) if lot is to be built upon. Drain pipe crossing the -street will have to be removed and installed at a greater depth. Respectfully submitted, William y7. bzymanski, City Manager OLT'ON ALLEY C O R P O R A T I O N MA. Richard wand Town o4 South Buttington Zoning Adminiz tnatoA South Buttington, Vermont Dean Dick: BOLTON V A L L E Y, VERMONT 0 5 4 7 7 TELEPHONE ( 8 0 2) 4 3 4 - 21 31 June 18, 1974 We would Uke to Aequezt an extenzion to our apptication time to coven ups through the heaAing of the ptanning commizzion on June 25, 1974. Due to some design modijicationz we were un- abte to have the 6ina2 drawing 6inizhed by the June llth heating. Thank you jot youA attention. Sincenety, Ct lV��l — -- Ra p ens a uti ens oA BOLTON VALLEY CORPORATION and joA Rotand J. Deis LautieAz RRD/pm S K I S U M M E R R E S O R T June 26, 1974 Bolton Valley Corporation Attention; 1,1r. Ralph DesLauriers Bolton, Valley, Veri-iiont 05477 near NX. I)es."Ljauriers: Please be auvised that the City Planning Commission has disapproved your application for a subdivision on Last Terrace. "I"he Coi-emission finds that your subdivision plat was incomplete and that other 1,,ertinent information and material was not providod. Your application must be resubmitted and re-advertized no later than July 3, 1974, in order to have a new hearing on July 23, 1974. Please advise me if you are interesteu in renewing this application. Very truly yours, Richard Ward Zoning Administrative Officer fuq/h r.: i� l.�.I,'Y--�,::'�.-:N%.V,� ti.t/ --I. 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F.' 1 ?\-_ Q i �' 1 :`i r; , y t �'�` 1 Q M G� ry _ 1 1. }' b '� ' 7 i• 11LL ' f' 1 i`�y• J t - :, rr - ,:? :. - - - i 2 !C, J : 1. i f I 1 _' t i -. c s; t. V C; } J' ^1 u' \ 1 r {. (: ,. '%i' ! ::ram :^A. E.." .I:. - -��..�..�,*---,I%...,.,- -... -:--�,`�,,-� . ...-� - .-,.) ,�---."*:.._� ....�� �,��.- �.;'..-.- R-..'. .,.I - .l )t z 0 ''1 ( (( rt •y' 1 ^ 1 'i jflJ( :� ...:,, .*."'.-.,-:­ Y .> : f . .�:.:': 1 l:.: t: �.f t i 1 '' } tl c7 J+ (.` . T ::: x i• �. < f <. r C 3 if r 1 a': ,;. I t �: a,:1 r ::.. ._ �f - 'L iU t C�) 0 1 1 - i: ti _ I �: r,xf n. U _ �� �� v c� ,�st` I\�jI—�j ( �� —� rn '� -" U ,,",'�,vC��1 .-\;l :`:�� .�:,t�.,,{, i<:tk-<,( \, r,.v( lkl�. -;} ,. 1`_\,. ,� `, ._�,<,};.\rti,;« ,� PLANNING COMMISSION 14 JANUARY 1985 PAGE 2 businesses. They would close the southern curb cut on Shel- burne Rd. and landscape the front. It is now mostly black- top to the property line. In the rear, they propose to re- place or repair the existing fence, as stipulated by the Zoning Board. The would extend the rear paving another 20 feet on the southern, half of the rear yard, and in exchange will landscape the front yard. Drainage would tie into an existing catch basin. Mrs. Lafleur noted they will be required to submit a drainage plan prior to permit. Blanchard advised they have not yet gotten permission from the City of Burlington to put in a sidewalk. Mrs. Maher stressed this will be part of the Commission's approval. After a brief discussion, members agreed that perpendicular parking would be preferable. Mrs. Lafleur said there are 2 critical points: road, water and sewer depend on the City of Burlington. The Commission can grant approval contingent upon Burlington's approval. Even more critical is the traffic issue. Projections show traffic is under the standard but this does not measure the ability of Shelburne Rd. to handle the added traffic. Mr. Dooley said expressed concern that the only reason a traffic study is not being required is that the lot is under 4 acres, which is allowing the applicant to avoid the traffic standard. Mr. Jacob felt the applicant should comply with the traffic standards of Burlington since it is a Burlington street. Mr. Dooley stressed that this is close to some of the city's worst intersections. Mrs. Lafleur will check with Burlington to see what their standards are. Mr. Dooley asked if Mrs. Lafleur could also check with the City Attorney to see if this development could be required to have a level of service study. Members agreed to postpone further discussion until these questions could be answered. Other questions to be answered include whether the grass strip denies Fire Department access to one side of a building. Ms. Peacock mentioned that there had been concern at the Zoning Board as to whether there might be an attempt to tie-in with the next lot and thus to Proctor Avenue. �j Sketch plan application of Ralph Deslauriers, Jr. for a 5- unit residential development located at 46 East Terrace During the discussion, Mr. Dooley stepped down, as he is a resident on East Terrace. Mr. Deslauriers explained that the project, named Stony Hill, is 3/4 of the way up East Terrace, just before the start of the newer houses. The 1.29 acre lot is zoned R-4. He is PLANNING COMMISSION 14 JANUARY 1986 PAGE 3 planning one home for himself, one for his sister, and three to be sold. The project will use a 50-foot right of way off East Terrace from an old subdivision. The private drive will be 20' with smoother 0_urveS, to comply with the City Engineer's request. There would have to be culvert at the low point of the road. Mr. Szymanski also recommended a turn -around, which will pose no problem. Garages will be in the units and there will be a little driveway for each unit. Mrs. Lafleur recommended a new fence along the quarry, which Mr. Deslauriers said would be no problem. Ms. Peacock raised the question of whether East Terrace should require more than one access as there are now more than 50 homes. Mrs. Lafleur said the street has been non- conforming for many years. Question was raised whether the new units would block the views of older homes. Mr. Deslauriers said only one house might be affected, but he wasn't sure. Mr. Davis asked whether any other access to the lot had been looked at. Mr. Deslauriers said none is feasible as the Quarry Hill is too steep and Spear Street is too far. Mr. Davis stressed this is one of the most dangerous streets in the city and didn't feel it has the ability to hold additional traffic. Mrs. Maher said that some of the problem could be solved by opening up the second access. She stressed it is hard to deny use of the land unless it can be proved that this will cause great harm to the community. Mrs. Dooley requested that the waiver of setback request not be granted. She also noted that drainage is a problem and felt another culvert would only make backyards more swampy. She strongly opposed opening up the street, as this would just increase traffic. In addition, she asked that the Commission stipulate that this would not be an access for whatever happens on the golf course and that the right-of-way be an access only for the proposed 5 units. Mrs. Maher said she would prefer to push the houses back from existing homes rather than from Quarry Hill. Mr. Oakes said there is a 24" culvert between 41-S and #50 which drains to the north and barely gets over�Lhe ledge. It does flood over. He was concerned about the height and grade of the driveway and with sewer lines that run across the right-of-way. Mrs. Maher asked whether the Commission can stipulate that the right-of-way not be used to access any other property. Mrs. Lafleur said it can be so stipulated here and when any new development comes in. She added that she had received a call from Mr. Chadwick of #50 who was concerned that neighbors had not been notified and that correct property lines are not drawn. She explained to him that this was only a sketch PLANNING COMMISSION 14 JANUARY 1986 PAGE 4 review, and these things would be addressed at later stages. Mrs. Leggett noted that the access road comes out on a narrow part of the road and if cars come out sharply, they will come out onto the wrong side of the road. Mrs. Lafleur said she will check on visibility, and there is also room so that a sharp turn is not necessary. The resident of #37 said the City Engineer should check the drainage and they get drainage down from Spear St. Mrs. Maher said the Planner and Engineer will work on this together. Mr. Deslauriers said he would have a problem with putting restrictions on the next door property and that Quarry Hill does have a right of way over that land to the adjacent parcel. This is on all the deeds. Mrs. Lafleur said they will have to know who owns the right-of-way. �. Sketch Plan application of T.D. Properties (Rick Davis) for a planned commercial development consisting of a 205-unit hotel and 66,000 sq. ft. of office space in 2 buildings on 8.6 acres on the west side of Farrell Street north of I-189. Mr. Davis explained that he and Fred Tebali own 9 acres behind the Outlet Mall which is zoned C-2. The hotel will be built in 2 phases as will the office buildings. The major issues are traffic and setback. With regard to traffic, they will do a traffic study and coordinate with a traffic impact analysis. However, they want to do the study based on the assumption that the Southern Connector will be built. They feel it will have a major impact, because people will go into the city as well as leave on the Connector. He felt that for the office buildings, the present roads could be used as a basis for a study. Tom Farrell has granted them a right-of-way on Odell Parkway (via a right-of-way granted to Garden Way which T.D. Properties purchased). Other property owners have some con- fusion over their rights to Odell Parkway, but it is explicit in the T Tl rirrh+-C�-y.,��. tti,�+- +-h,.., �� �.. • j,,- i _r ­ L at tficY can upgrade it 1J t can't turn it into a city street without Mr. Farrell's approval. Mr. Dooley asked if the applicant proposes to resolve the confusion over the access question. Mr. Davis said that should be resolved but didn't know if they were in a position to do so. Mr. Belter reminded the Commission that they agreed that with the next piece of property that come in they would ask Mr. Farrell to come in and settle who owns and has use of the right-of-way. PLANNING COMMISSION 11 FEBRUARY 1985 PAGE 2 *&,Consider request �2y Ralph Deslauriers, Jr., to clarify the intention of the Planning Commission for the 48 East Terrace property and consider request to rezone approximately 4 acres of the Quarry Hill property from R-4 to Com-1 located behind 44-48 East Terrace During the discussion which followed, Mr. Dooley stepped down from the Commission. Mr. Deslauriers advised that the owner of the 150 ft. right- of-way is his grandmother, Evangeline Deslauriers. For the purpose of the proposed development, he has been granted a right-of-way. He noted that he held discussions with Webster -Martin and there is a chance the lot is not large enough for 5 units, so they may be requesting only 4. Mr. Dooley said the issue is not only the R-4 piece. It is the whole Cupola Golf Course. About 4 acres is zoned R-4, about 14.7 is zoned C-1, and about 6.7 undeveloped acres are zoned R-7. Mr. Deslauriers advised that the only other right-of-way they have is through Quarry Hill Rd. to Spear St. Mrs. Maher said the question is whether any more than the lot owned by Ralph and his sister should be allowed to egress and ingress on East Terrace. Mr. Deslauriers said they would not do the project if it deprives Cupola of one of 2 accesses to a 20-acre lot. A poll of members indicated a unanimous concensus that only the units proposed by Mr. Deslauriers (4 or 5) be allowed to use the East Terrace right-of-way. 4. Public Hearing: Preliminary Plat application of Lakewood Associates for construction of 37,000 sq. ft. of office space in 6 buildings and a 1600 sq. ft. addition to the existing Inn for a 150-seat restaurant at 1233 Shelburne Rd. Mrs. Lafleur said she has discussed landscaping with the de- veloper and that she would prefer more large trees up front. will r rim r�rehanCi C7P hi_ey will provid Mr. Brush said they a more r-.,.�.mp landscape plan. He -added that he has also met with Chief Goddette and is agreeable to the Chief's recommendation but must get an easement from Mr. Farrell to cross his land to tie into the preferred water line. Mr. Adler then presented the finding of his traffic study. He said there will be only one entrance on Shelburne Rd. Exit from the lot will be onto Holmes Rd. The 2 intersections to the north were evaluated (Baldwin Avenue February 7, 1986 Ralph Deslauriers, Jr. 100 Old Farm Road South Burlington, Vermont 05401 Re: Fast Terrace Dear Ralph: Enclosed are the agenda and my memo to the Commission describing your request. I did not receive anything in writing from you this week, but I am assuming you want to proceed. Please call me if you have any questions. S incerely, Jane B. Lafleur, City Planner JBL/mcp En(Is CC: Chris & James Smullen Memorandum January 14, 1/10/86 Page 2 1986 agenda items concerned about the cumulative impac is not addressed by the Traffic Over $b;L - Ca-nwN,---, ajoc-,k ?m tL^- Sewer: The applicant must apply for Capacity" from the BurlingtonWastewa since the sewage flows to the Bur lin Other: See Bill Szymanski's and Chi(a 3) CjTONEY HILL, 46 EAST TERRACE The applicant is proposing a 5 unit P.U.D. on 1.29 acres above the Quarry Hill Club off of East Terrace. The area is zoned R4. Access will be from East Terrace through a 50 foot right-of-way. An 18 foot wide private driveway is proposed. The ordinance requires a 50 ' setback from the PUD perimeter. Units 4 and 5 do not meet this and the applicant is requesting a waiver of this standard. Since the property drops off at the cliffs, the setback is not as essential to protect adjacent property owners. However, a fence for safety purposes is essential. I will be providing more information at the meeting on whether this lot was included in the stipulations placed on the Quarry 1 XV Hill development that required the road to the units on Spear Street be upgraded to a city street upon any further developments wz QQ in this area; if so, this will have to be adhered to. Sewer, �� water, eleven parking spaces and landscaping must be shown. J� a vo See Bills comments. 4 ) TD PROPERTIES, FARRE LL STREET P.C.D. The applicant proposes to build a planned commercial development consisting of a 205 room hotel (in two phases) and 66,000 square feet of office space in two buildings. The 8.65 acres are zoned Commercial-2. The issues are traffic, sewer, the status of ramps and setbacks, and O'Dell Parkway. No Text January 8, 1986 Ralph Deslauriers, Jr. 100 Old Farm Road South Burlington, Vermont 05401 Re: Unit PUD, East Terrace Dear Ralph: Enclosed are the agenda and my memo to the Planning Commission. Please be sure someone is present to represent your application on Tuesday, January 14, 1986. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Chris and James Smullen M E M O R A N D U M To: South Burlington Planning Commission From: Willliam J. Szymanski, City Manager Re: January 14, 1986 agenda items Date: January 10, 1986 2) LARKIN REALTY, 1185 SHELBLIRNE ROAD 1. Shelburne Road at this location is a Burlington City Street. Curb cuts, curb closing, conn(:cting to water and sewer will require permits from Burlington. 2. A sidewalk should be constructed along the frontage of this property. This must also be approved by Burlington. 3. A drainage plan shall be submitted for approval. 4. Restricting parking to compact cars is difficult to enforce. If the parking spaces were skF-wed they would accommodate all vehicles. 5. I would recommend the parking between the two buildings be skewed for ease of ingress any: egress. 3 ) STONEY N....__ .., ,...._,,, HILL ('ONDOMINIUMS 1. Road width shall be at least 20 feet in width plus 3 foot shoulders. Changes in direction shall be with radius curves, not deflections. 2. End of road should be provided with a turnaround. 4) TOUCHDOWN PROPERTIES, FAR:ELL STREET 1. Odell Parkway should be a public street constructed to City standards including side,.,,alk. 2. The 26,400 square foot office building should be set back, the required frontage setback (40'). 3. Farrell Street should include a sidewalk. 4. There should be some internal walkways especially from motel to Farrell Street and new street. 5. The sewage pumping station at Farrell and Swift may have to be modified to accommodate thLs project. CITY OF SOUTH BURLINGTON Subdivision Application — SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record �,AL�P4-I �. �.�1U21E.RS JQ. - M12 4 M25 CH1KIS 4 JAMrs 5my11erti 1_.c��,����i'"''.ot1t�,`�3'Y^ec,� , �-A � W���1„►.0 b. Applicant Roo L VN E . Zw-.-atuemp.S ZR I D D 6LD c. Contact person S r V ME. 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). FbrpQge of clev doper &. its To au i t-D 5' Res lo©vcl vi.vy vivi 7-S �9Ne LoT I , Z I ACF-C- 3) Applicant's legal interest in the property (fee simple, option, etc) 4) Names of owners of record of all contiguous properties GuRDIo, L-�oIf terseInc. W 1LL1�4M i��tK CoM••;ly 13�ticE Gfirrr('a- 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Y WGP— 'POLE oN N09-n4 ERST COO- 5o 1. No Covav-MroTS., Nt) LEgJES -PR01'EZI-1 IS 5,=Q.V1(,Et1 eSN )C, "''►�..OW' 50 'winG 150' LDn1L.7 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. E X-kenSi W O F C �y W ATE, 2 LI N C,S Z 70 '+ C?__ 4erlsruro OF c i t y suer L ne S 1 ao r 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed sub- division, and include the dates of such actions: 8) Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3), Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and cove- nants. 4)- Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5), Date, true north arrow and scale (numerical and graphic). 6), Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Signature) hpplicantr ntact persch date February 21, 1986 Ralph Deslauriers, Jr. 100 Old Farm Road South Burlington, Vermont O5401 Re: Sketch Plan, east of 44-48 East Terrace Dear Ralph: Enclosed are the minutes of the Planning Commission meeting regarding your Sketch Plan. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl cc: Chris & James 5mullen t of � Lsj-", ► , ow aC►,eQ ..� �,.�,Qwa.*X -+v by 4 Win► M tx�o �U . M E M O R A N D U M �k\" To. South Burlington Planning Commission From: Jane B . Lafleur, City Planner Re: February 11, 1986 agenda items Date: February 7, 1986 2) NORDIC FORD, 1620 SHELBURNE ROAD The site plan approval granted on September 24, 1985 expires in a month. The applicant requests a 6 month extension to the approval. Over the past 5 months the applicant has been working with Wagner, Heindel and Noyes and the City to meet our erosion control policy for this development. After numerous reconfig- urations of green space, retention ponds and drainage areas, the plans meet our requirement for the runoff to not exceed pre -development conditions for the entire site. ;(See attached letter from Alexander/Truex/de Groot, Inc.) I see no reason why this can not be' extended for 6 months. 3) ROCKY'S CAR WASH, SHELBURNE ROAD The applicant requests an extension to the site plan approval granted on August 6, 1985. I received this request prior to February 6, 1986, the date of expiration. (See enclosed letter) 4) DESLAURIER, EAST TERRACE The applicant requests a clarification of the Planning Commission's intent for the 50 foot right-of-way to this 1.29 acre parcel. It is his contention that the land was rezoned to R4 from C-1 so that this property and the Quarry Hill Club property could use this r.o.w. to East Terrace. If the Commission intends to not allow any other access through this r.o.w., Mr. Deslauriers requests that the 4 acres of the golf course that are presently- R4 be rezoned to C-l. (See enclosed map) 5) CHINA LITE, CORPORATE WAY The applicant proposes to construct a 60' x 11' greenhouse add- ition to the northern end of the restaurant for additional seat- ing. Other sections of the restaurant will be reorganized with a resulting capacity of 371 seats. The live entertainment will be eliminated. D-�z Louuuc-/�- Y" L-3 1 44� f-�rA&,3 VcctesUb-y wt Lod,tf� 41 a5 W6A4 r o u,) tow)wcooe( January 20, 1986 Ralph Deslauriers, Jr. 100 Old Farm Road South Burlington, Vermont 05401 Re: East Terrace, 5 unit P.U.D. Dear Ralph: Enclosed are the minutes from your sketch plan application. Please call me if you have any questions. Sincerely, Jane B . 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