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Home My WebLink AboutBATCH - Supplemental - 0063 Ethan Allen Drivei State', of Vermont • Department of Fish and Wildlife Department of Forests, Parks, and Recreation Department of Environmental Conservation State Geologist RELAY SERVICES FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD February 24, 2006 Michael Hopwood 63 Ethan Allen Drive South Burlington VT 05403 . AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, VT 05452-4695 Telephone: (802) 879-5656 RE: WW-4-1636-3, Hopwood Site Plan constructing an addition to an existing auto shop for service bays, no increase in employees located at 63 Ethan Allen Drive, South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on February 21, 2006, including a fee of $50.00 paid by check #4433. Under the performance standards for this program, we have a maximum of 30 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Division of Wastewater Management CAx.v0� t�e R Ernestine Chevrier Regional Office Coordinator cc: South Burlington Planning Commission James Howley RAninnal (lffirac - Rarra/Fccax .Irt /Rutlartsi/SnrinnfiP{d/St. ,fohnsbunf i State of Vermont LAND USE PERMIT AMENDMENT CASE NO 4C0643-22B APPLICANT Mike Hopwood ADDRESS 63 Ethan Allen Drive. South Burlington, VT 05407 LAWS/REGULATIONS INVOLVED 10 V.S.A. §§ 6001 - 6092 (Act 250) District Environmental Commission #4 hereby issues Land Use Pen -nit Arnendrnei t 4C0643-22B, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6092. This permit amendment applies to the lands identified in Book 655, Pages 624, of the land records of the City of South Burlington, Vermont, as the subject of a deed to Mike Hopwood, the Permittee as Grantees. This permit specifically authorizes the Permittee to construct a 1,200 sf. addition to an existing auto repair facility and increase the number of parking spaces from 16 to 18, with municipal water and sewer services The project is located on Ethan Allen Drive in the City of South Burlington. The project is subject to Act 250 jurisdiction because the project is a material or substantial change to a development over which the Commission has jurisdiction and thus constitutes "development" pursuant to EBR 2(A)(1)(e). Accordingly, a land use permit amendment is required pursuant to EBR 34. The Permittee, and his assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: All conditions of Land Use Permit #4C0643 and amendments are in full force and effect except as amended herein. By acceptance of this permit, the Permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. The project shall be completed, operated and maintained in accordance with: the plans and exhibits on file with the District Environmental Commission, and the conditions of this permit. 4. The approved plans is: Sheet 1 - "Site Plan, Hopwood Property" dated 10/25/03, last revision 1/18/06 5. A copy of this permit and approved plans shall be on the site at all times throughout the construction process. 6. No changes shall be made in the design or use of this project without the written approval of the District Coordinator or the Commission, whichever is appropriate under the Environmental Board Rules. Land Use Permit #4C0643-22B Page 2 of 4 Pursuant to EBR 51(G), the permit application and material representations relied upon during the review and issuance of this permit by the District Commission shall provide the basis for determining future substantial and material changes to the approved project and for initiating enforcement actions. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit, as provided by 10 V.S.A. §§ 6001-6092 and the rules of the Environmental Board. 9. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. 10. The project is approved for the following maximum impacts: 18 - vehicle parking spaces (2 new spaces - 31 remaining for Phase 3 of park), 450 - gallons per day of water and wastewater (no change - 2,335 remaining for Phase 3 of park), 24 - vehicle trips per day (no change - 640 remaining for Phase 3 of park), and 8 - AM peak hour vehicle trips (no new trips 6 remaining for Phase 3 of park). 11. This permit hereby incorporates all of the conditions of the following Agency of Natural Resources Permits: • Potable Water Supply and Wastewater System Permit #WW-4-1636-3 issued on March 8, 2006 by the Wastewater Management Division. Any subsequent nonmaterial changes to these permits shall be automatically incorporated herein upon issuance by the Agency of Natural Resources. Subsequent amendments involving material changes to the Act 250 permit shall not be constructed prior to review and approval of the District Coordinator or the District Commission under applicable Environmental Board Rules. 12. The Permittee and all subsequent owners or lessees shall install and maintain only low -flow plumbing fixtures in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. 13. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate and impose additional conditions with respect to erosion control as it deems necessary. 14. All disturbed areas of the site shall be stabilized, seeded and mulched immediately upon completion of final grading. All disturbed areas not involved in winter construction shall be mulched and seeded before October 1. Between the periods of October 1 to April 15, all earth disturbing work shall conform with the "Winter Construction" standards and specifications of the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites (1987). Land Use Permit #4C0643-22B Page 3 of 4 15. A copy of the approved erosion control plan shall be on the site at all times during construction. 16. In addition to conformance with all erosion control conditions, the Permittee shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A. (§§ 1250-1284) Chapter 47, Vermont's Water Pollution Control Law. 17. The Permittee shall maintain a 50-foot undisturbed, naturally vegetated buffer strip between all watercourses, including the Class Two wetland, on the project site and any disturbed areas. The Commission accepts the Permittee's assertion that the available parking is sufficient for the Project and no incursions into the wetland or its 50-foot buffer are needed. 18. All stumps shall be disposed of on -site above the seasonal high water table or at a State approved landfill so as to prevent groundwater pollution. 19. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #10 by replacing any dead or diseased plantings within the season or as soon as possible after the ground thaws, whichever is sooner. 20. The installation of exterior light fixtures is limited to those approved in Exhibits #11, and shall be mounted no higher than fourteen feet above grade level. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 21. The Permittee shall not erect exterior signage without first obtaining approval from the District Commission. Signage includes banners, flags, and other advertising displays, excepting temporary real estate marketing signs. 22. If the existing building contains floor drains which discharge underground on -site, the Permittee shall either register the floor drains with the ANR Underground Injection Control (UIC) Program or close the floor drains after filing the proper notification with the UIC Program. 23. The project shall conform with the 2001 Vermont Guidelines for Energy Efficient Commercial Construction, promulgated by the Vermont Department of Public Service. Any design or equipment features that do not comply with the 2001 Guidelines, or any custom measures not installed, shall be brought promptly to the attention of the Department of Public Service for comment and to the District Commission for approval prior to construction. 24. The installation and/or use of electric resistance space heat is specifically prohibited without the prior written approval of the District Environmental Commission. 25. Each prospective purchaser of any lots shall be shown a copy of the approved plot plan, Potable Water Supply and Wastewater System Permit, the Land Use Permit and amendment and the Findings of Fact before any written contract of sale is entered into. 26. No further subdivision, alteration, and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission. Land Use Permit #4C0643-22B Page 4 of 4 27. The Permittee shall reference the requirements and conditions imposed by Land Use Permit #4C0643-22B in all deeds of conveyance and leases. 28. Pursuant to 10 V.S.A. § 6090(c) this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. Notwithstanding any other provision herein, this permit shall expire three years from the date of issuance if the Permittee has not commenced construction and made substantial progress toward completion within the three year period in accordance with 10 V.S.A. § 6091(b). 29. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A. § 6090(c). Dated at Essex Junction, Vermont, this dayI* of 52006. Thomas A. Little, hair District #4 Commission Members participating in this decision: Kate Purcell Chuck Dunham Any party may file a motion to alter with the District Commission within 15 days from the date of this decision, pursuant to Environmental Board Rule 31(A). Decisions on minor applications may be appealed only if a hearing was held by the district commission. Please note that there are certain limitations on the right to appeal. See 10 V.S.A. § 8504(k). Any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of issuance, pursuant to 10 V.S.A. Chapter 220. The appellant must attach to the Notice of Appeal the entry fee of $225.00, payable to the State of Vermont. The Notice of Appeal must include all information required by Rule 5(b)(3) of the Vermont Rules for Environmental Court Proceedings (VRECP). The appellant must also serve a copy of the Notice of Appeal on the Natural Resources Board, National Life Records Ctr. Bldg., Drawer 20, Montpelier, VT, 05620-3201, and on other parties in accordance with Rule 5(b)(4)(B) of the VRECP. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at -"nvw.vermontiudiciary.org. The address for the Environmental Court is: Environmental Court, 2418 Airport Rd., Suite 1, Barre, VT 05641-8701. (Tel. # 802-828-1660) W:\Act250\DIST4\PROJECTS\4CO643\4CO643-22\4CO643-22B.PMT CERTIFICATE OF SERVICE I hereby certify on this 28th day of June, 2006, a copy of the foregoing ACT 250 LAND USE PERMIT #4C0643-22B, was sent first class mail, postage prepaid to: PARTIES: Mike Hopwood The 4 x 4 Center 63 Ethan Allen Drive South Burlington, VT 05403 James Howley, P.E. Llewellyn -Howley, Inc. 20 Kimball Avnue, Suite 202 N South Burlington, VT 05403 Donna Kinville, City Clerk Chair City Council/Chair City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 Elizabeth Lord, Land Use Attorney Agency of Natural Resources 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 FOR YOUR INFORMATION District #4 Environmental Commission Thomas A. Little, Chair/Kate Purcell/Chuck Dunham 111 West Street Essex Junction, VT 05452 James B. McCarthy, Engineering Services Vtrans - One National Life Drive, Drawer 33 Montpelier, VT 05633 Dated at Essex Junction, Vermont, this 28th day of June, 2006. EXHIBIT LIST FOR APPLICATION #4C00643-22B Page 1 E DATE E A =Applicant X R N T = Town H E T EC = Environmental Conservation I C E RPC = Regional Planning Commission B E R ANR = Agency of Natural Resources I I E AOT = Agency of Transportation T V D DPS = Department of Public Services E VDH = Vermont Department of Health D DP = Division for Historic Preservation WMD = Wastewater Management Division N 0, B Y Nature of Exhibit and Date Entered 1 02/16/06 A Cover Letter/Project Description by Llewellyn -Howley (02/10/06) 2 "99Act 250 Application Cover Sheets 3 " Schedule A 4 " Schedule F - Certification of Service & Notice of Application 5 Schedule E - Adjoiner Information 6 " Map: Location Map 7 `� Schedule B - Response to the 10 Criteria & Subcriteria g " Municipal Impact Questionnaire 9 " Photographs of Current & Proposed Bldg. Addition, Security Fence, & Overhang 10 " Lighting Cut Sheets 11 " Plan: Site Plan, #1 (Rev 1/1806') 12 02/17/06 FAX, Re: Vehicle trip generation impacts (02/17/05) 13 03/2/06 FAX to April Moulaert/Peter Keibel from James Howley, Re: Inadequate Alternatives Analysis (03/02/06) 14 03/09/06 " Wastewater System &Potable Water Supply Permit #WW-4-1636-3 (03/08/06) 15 03/15/06 Entry of Appearance with Comments (03/13/06) 16 03/21/06 99 FAX (draft) to Mike Hopwood/Peter Keibel from James Howley, Re: Possible Denial of CUD/False Testimony (03/21/06) 17 Undated Letter by Peter Keibel to Jim Howley, Re: Explanation of CUD and Act 250 Permit Conflicting - and Two Options (03/27/06) W: \Act250�ADMMEXHIB I`I 4C0643-22B. wpd. b c EXHIBIT LIST FOR APPLICATION #4C00643-22B Page 2 18 (04/27/06) Letter by James Howley to Erin Haney, Re: Withdrawal of Mike Hopwood CUD Application (04/25/06) 19 05/16/06 James Howley Letter to Peter Keibel Responding to Peter's Request for Explanatory Letter Re: Inconsistency of Information Between two Permit Applications (05/16/06) W:\Act250\ADMfN\EXHIBM4CO643-22B.wpd.bc STATE OF VERMONT AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: HOPWOOD, MIKE ) DISTRICT ENVIRONMENTAL COMMISSION # 4 APPLICATION # 4C0643-22B March 13, 2006 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Natural Resources ("Agency"), State of Vermont, by and through its staff, Julia Moore, in the above captioned matter. COMMENTS Criterion 9(F) - Energy Conservation In order to meet the requirements of Criterion 9F, an applicant must demonstrate that the planning and design of the proposed subdivision or development reflects the principles of energy conservation and incorporates the best available technology for efficient use or recovery of energy. The Vermont Department of Public Service ("DPS") reviews Act 250 applications for compliance with. Criterion 9(F). John M. Becker, Energy Program Specialist with DPS, reviewed - the application for this project, and spoke with the applicant's contact. DPS supports permit issuance at this time, provided any land use permit includes language essentially stating: Energy design and construction shall comply with The 2001 Vermont Guidelines for Energy Efficient Commercial Construction .and shall further include custom energy measures referenced in interagency comments by the Department of Public Service if found cost-effective on a life -cycle -cost basis. Any design or equipment features that do not comply with the 2001 Guidelines, or any custom measures not installed, shall be brought promptly to the attention of the Department of Public Service for comment, and to the District Commission for approval, prior to construction. Application # 4CO643-22B March 13, 2006 2 There are certain custom energy efficiency measures that will make the project better conform with Criterion 9(F). These should be installed if they are cost-effective on a life cycle basis. Potential custom measures include: • Installation of a high efficiency heating system • Maximize the installation of high efficiency lighting fixtures/lamps through out the building • Enhanced building insulation values for a highly energy efficient building envelope The installation and/or use of electric resistance space heating is specifically prohibited without prior written approval of the District Commission, except for temporary emergencies. Any questions about these comments should be directed to Mr. Becker via phone (802-828-4020) or e-mail (john.becker(astate.vt.us). Dated March 13, 2006, at Waterbury, Vermont. Respectfully submitted, State of Vermont Agency of Natural Resources By: ulia . Moore, P.E. e atory Management Division (802) 241-3687 CERTIFICATE OF SERVICE I hereby certify that I, Andrea McKnight, Office Manager for the Regulatory Management and Assistance Division of the Agency of Natural Resources, sent a copy of the foregoing Agency of Natural Resources' Comments and Entry of Appearance dated March 13, 2006 regarding File #4C0643-22B by U.S. mail, postage prepaid, to the following: Mike Hopwood The 4 x 4 Center 63 Ethan Allen Drive South Burlington, VT 05403 James Howley, P.E. Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202 N South Burlington, VT 05403 Donna Kinville, City Clerk Chair, City Council / Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 District #4 Environmental Commission I I I West Street Essex Junction, VT 05452 Dated March 13, 2006, at Waterbury, Vermont A Brea McKnigh State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules, Chapter 1, Wastewater System and Potable Water Supply Rules, Effective January 1, 2005 Chapter 21, Water Supply Rules, Effective April 25, 2005 Case Number: WW-4-1636-3 PIN: EJ85-0002.16 Landowner: Michael Hopwood 63 Ethan Allen Drive South Burlington VT 05403 This permit affects property referenced in deeds recorded in Book 408 Page(s) 588-590 of the Land Records in South Burlington, Vermont. This project, consisting of the constructing an addition to an existing auto shop for service bays, no increase in employees served by municipal water and wastewater services located on 63 Ethan Allen Drive in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. This does not constitute approval under Act 250 case number 4C0643-22A. GENERAL 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Environmental Conservation, Water Supply Division — telephone (802) 241-3400, Water Quality Division — telephone (802) 241-3770, the Department Public Safety, Division of Fire Safety —Department of Health — telephone (802) 863-7221, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans that have been stamped "approved" by the Wastewater Management Division: Project: 2003024 "Hopwood Property South Burlington, Vermont" Plans: Sheet 1 "Site Plan" dated October 25, 2003 revised January 18, 2006 prepared by James Howley of Llewellyn -Howley, Inc. 3. The project shall not deviate from the approved plans in a manner that would change or affect the exterior water supply or wastewater disposal systems, building location, or, the approved use of the building, without prior review and written approval from the Wastewater Management Division. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit in the South Burlington Land Records within thirty, (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. This project has been reviewed and approved for the construction of a building addition. The permittee shall not construct any other type structures requiring plumbing, including public Wastewater System and Potable Water Supply Permit WW-4-1636-3 Micheal Hopwood Page 2 buildings, duplexes, condominium units, or commercial buildings, without prior review and approval by the Wastewater Management Division. Such approvals will not be granted unless the proposal conforms to the applicable laws and regulations. All conditions set forth in Permit #WW-4-1636 and -1, -2 shall remain in effect except as modified or amended herein. 7. The Wastewater Management Division now reviews the water and wastewater disposal systems under 10 V.S.A., Chapter 64 — Potable Water Supply and Wastewater System Permit. 8. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations. 9. A copy of the approved plans and this permit shall remain on the project during all phases of construction, and upon request, shall be made available for inspection by State or local personnel. 10. Any lot depicted on the plans and not specifically referenced as being approved for a use requiring a potable water supply and wastewater disposal system shall comply with the Wastewater System and Potable Water Supply Rules, Effective January 1, 2005, Section 1- 403(a)(5) for the creation of unimproved lots. 11. The Division has relied solely upon the licensed designers certification that the design -related information submitted was true and correct, and complies with the Vermont Wastewater System and Potable Water Supply Rules and the Vermont Water Supply Rules. Dated at Essex Junction, Vermont on March 8, 2006. Jeffrey Wennberg, Commissioner Department of Environmental Conservation B buwvu_ Jessanne Wvman Assistant Regional Engineer C For the Record South Burlington Planning Commission & Select Board James Howley/Llewellyn-Howley Inc. Act 250 District Environmental Commission Department of Public Safety, Division of Fire Safety NON-B NDING ONREG DING THER PERMITS HICH YOU Y NEED THIS IS A P,n A^MFI K1 FM�FNT OFICONSTRUCTION. PLIEASE CONTACT TOHE DE ARTMENTS INDICATED BELOW. PRIOR TC BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-41-3822) Contact: ❑ Discharge Permits: pretreatment; industrial, municipal (#7_1, 7_2, & 8) ❑ Indirect Discharge Permits (#9 & 9_1) ❑ Residuals Management (#10) 4. AIR POLLUTION CONTROL DIVISION, ANR (888-520-4879) ❑ Construction/modification of source (#14) ❑ Open Burning (#18) ❑ Furnace Boiler Conversion/Installation (#14) ❑ Industrial Process Air Emissions Contact: ❑ Wood Chip Burners (>90 HP) (#14) (#14) ❑ Diesel Engines (>450 bHP) (#14) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) (800-823-6500 in VT) Contact: ❑ New Hydrants (#22) ❑ >500' waterline construction (#22) ❑ Community Water System (CWS) ❑ Bottled Water (#20) ❑ Operating permit (#21) ❑ Transient Non -Community water system (TNC) (#21) ❑ Capacity Review for Non -transient non -community water systems (NTNC) (#21) 06 '' WATER QUALITY DIVISION, ANR STORMWATER PERMITS (Hotline 802-241-4320) (#6 — 6_5 ) Contact: Contact: Stephanie Lanphear 802-241-4320 ❑ River Management (241-3770) ❑ Ponds (#32.1) ❑ Construction General Permits >1AC of disturbance (#6.1) 241-3779 ❑ Shoreland Encroachment (241 3777) Steve Hanna (#28) SMult Sectorrom Geneew development or ral Permit (MSGP) industrial activitielopment s w/ SIC odes)(#6.4) L n etla ds, (241-3770) (#29) u - ❑ Stream Alteration / Section 401 Water Quality Certification / Stream Crossing Structures (751-0129 / 879-563 i / 786-5906 (#27 a �� Contact: C L,\,r'tS LOct 6)WASTE MANAGEMENT DIVISION, ANR ❑ Hazardous Waste Handler site ID (241-3888) (#36) ❑ Underground Storage Tanks (241-3888) (#33) ❑ Lined landfills; transfer stations, recycling facilities drop off (241-3444) (#37,39,40) ❑ Asbestos Disposal (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) (#41 & 44) ❑ Composting Facilities (241-3444) (#43—) ❑ Waste oil burning (241-3888) ❑ Waste transporter permit (#35) ❑ Demolition waste 241-3477 ❑ Used septic system components/stone (#41) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: _ ❑ Dam operations (greater than 500,000 cu. ft.) (241-3451) (#45) ❑ State -funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) (#46) SMALL BUSINESS & MUNICIPAL COMPLIANCE ASSISTANCE (1-800-974-9559) RECYCLING HOTLINE (1-800-932-7100) 10. FISH & WILDLIFE DEPARTMENT (802-241-3700) ❑ Nongame & Natural Heritage Program (Threatened & Endangered Species) (#47.4) Contact: Contact: Judy Mirro/John Daly Contact: Contact: ❑ Stream Obstruction Approval #( 47.5) 1 ' DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or Dist. Off. 879-2300 Contact: Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) (#49, 50, 50.1, 50.2) Storage of flammable liquids, explosives ❑ LP Gas Storage ❑ Plumbing in residences served by public water/sewer with 10 or more customers (#50.2) ❑ Boilers and pressure vessels (#50.3) 10. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: ❑ Food, lodging, bakeries, food processors (#51, 51.1, 52, 53, 53.1) �rogram for aestos Inspecontrol & lead Comcertification (#51 4,)55, 55.1) �rti �XISM ❑ Children's camps LLJJ�Hot Tub Install 13. AGENCY OF HUMAN SERVICES Contact: ❑ Child care facilities (1-800-649-2642 or 802-241-2159) (#57) El Residential care homes (241-2345) (Dept. of Aging &Disabilities) (#59) ❑ Nursing Homes (241-2345) (#59) ❑ Assisted Living and Therapeutic Community Residences (241-2345) (#59) 14. AGENCY OF TRANSPORTATION ❑ Access to state highways (residential, commercial) (828-2653) (#66) ❑ Signs (Travel Information Council) (828-2651) (#63) ❑ Development within 500' of a limited access highway (828 2653) (#61) ❑ Construction within state highway right-of-way (Utilities, Grading, etc.) (828-2653) (#66) Contact: ❑ Junkyards (828-2053) (#62) ❑ Railroad crossings (828-2710) (#64) ❑ Airports and landing strips (828-2833) (#65) ❑ Motor vehicle dealer license (828-2067) (#68) 15. DEPARTMENT OF AGRICULTURE (800-675-9873) Contact: —Use/sale of Pesticides (828-3478) (#72, 73, 74, 75❑ , 76, 77, 78) Slaughter houses, poultry processing (828-2426 ( ) ❑ #8 � ❑ Milk Processing Facilities (828-3428) (#83, 83.1, 85, 87) El Animal shelters/pet merchant/livestock dealers (828-2421) #89, 89.1—) ❑ Golf Courses (828-3478) (#31) ❑ Weights and measures, Gas Pumps, Scales (828-2436) (#88) ❑ Green Houses/Nurseries (828-3481) (#79) ❑ Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) (#75.1, 80, 16. VERMONT ENERGY CODE ASSSISTANCE CENTER TOLL FREE 888-373-2255 ❑ VT Building Energy Standards (#47.2) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) ❑ Historic Buildings (#47.1 & 101) El Archeological Info Sites (642-3-3 3401) 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) ❑ Liquor Licenses (#90) ❑ ( ) 19. SECRETARY OF STATE (1-802-828-2386) ❑ Business Registration (#90.1) ❑ Professional Boards (1-800-439-8683) (#90.2) 20. DEPARTMENT OF TAXES (802-828-2551 & 828-5787) ❑ Income & business taxes (sales, meals/ rooms, etc) (#91, 22, 23, 94, 25, 96) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2070) ❑ Fuel Taxes; Commercial Vehicle (#69-70) LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. U.S. ARMY CORPS OF ENGINEERS, 8 Carmichael St., Ste. 205, Essex Jct., VT 05452 (802) 872-2893 (#97, 98, & 99) 24. OTHER: Sections #3424 above have been completed by Permit Specialist Jeff McMahon Date: d -AA 4c I may be reached at 802-879-5676 Copies have been mailed to: Revised 2/05 AGENCY OF NATI IL RESOURCES (ANR) AND NATUR. .RESOURCES BOARD http://www.anr.state.vt.us/dec/ead/pa/index htm / http://www.nrb.state vt us/ PROJECT REVIEW SHEET THIS 'IS NOT A PERMIT �. TOTAL # OF DEC PERMITS: PRE -APPLICATION REVIEW: jLdW -32� RESPONSE DATE: PENDING APPLICATION #: oLjc y, jb,56, 3 DISTRICT: TOWN: -5?4-k L&-125L, PIN OWNER OF PROJECT SITE: (Name) k ate (Address)63 ram,,.Iq (Town) (State) (Zip) :2a- � (Telephone) FC91 e 66q . Sib, Project Name. 1,4 2'I— APPLICANT OR REPRESENTATIVE: (Name) (Address) (Town) (State) (Zip (Telephone) . Based on a written or oral request or information provided by .Joiw-5 � received on � -al. 4 a project was reviewed on a tract/tracts of land of � ,O a acres; located on & ; f , � &,,� b r The project is generally described as: c 5 c ro a�-e c� ��ie .�� 1 i ccvwc Vh%-i v u.w �� r . t)5c � Il b C LL�tC,C �, {-1 �s . A-c1 � ,r `�r1^ nriC . s � s � (•�+.cc�Sca2� Prior permits from this office: PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION ® I hereby request a jurisdictional opinion from the District Coordin rPeAgent a istrict Coordinator regarding the jurisdiction of 10 V.S.A. Chapter 151 (Act 250) over the project described above. £ ❑ L do 91 Permit Specialist ❑ Other Person 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LANDOWNER/AGENT, OR OTHER PERSON. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL COURT WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V. S.A. Chapter 220). (#47) ** Project:>5�0'mmercial ❑ Residential' ❑ Municipal Has the landowner subdivided before? ❑ Y -- ❑ No When/where: # of lots: AN ACT 250 PERMIT IS REQUIRED: es ❑ No Copies sent to Statutory Parties: ❑ es o BASIS �FjO 'DYIE ION:/� �//' Y L e)x --T� r 7j 'c rya � � � VVV 7 SIGNATURE: 'r�5rDATE: ADDRESS: District # Environmental Commission D'r r or Telephone: 111 West St. Essex Jct. Vt. 05452 1 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED? (Yes ❑ No Wastewater System and Potable Water Supply Permit (#1 & #2)** ❑ Notice of Permit Requirements (deferral language ) (#2) ❑ Floor Drains (#1.2) ❑ Campgrounds (#3) ❑Extension of sewer linac (2t REGIONAL ENGINEER ASSIGNED: ^z;611,- t--Xp SIGNATURE: DATE: d'd�q- ADDRESS: Dept. of Environmental Conservation 19 Environme al s istance Division, Permit Specialist Jeff McMahon Telephone: 802-879-5676 ❑ Wastewater M agement Division, Telephone: 802-879-5656 OVER »»»»»»» **NOTE: NUMBERS IN PARENTHESES (#) REFER TO PERMIT INFORMATION SHEETS /N THE VERMONT PERMIT HANDBOOK http://www.anr.state.vt.us/dec/Hermit hh/index htm %My Western Surety PERFORMANCE BOND Bond Number: 70046647 KNOW ALL PERSONS BY THESE PRESENTS, That we Automotive_ Services Intl, Inc. of 63 Ethan Allen Dr., South Burlington, VT 05403 hereinafter referred to as the Principal, and western Surety Company as Surety, are held and firmly bound unto Town of South Burlington of 575 Dorsett St., South Burlington, VT 05403 hereinafter referred to as the Obligee, in the sum of Two Thousand Eight_ Hundred_Fifty and 00/100 Dollars ($ 2, 850.00 ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the day of , for Landscaping NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 9th day of February _ 2006 Automotive Services Intl, Inc. (Principal) By _ (Seal) Western Surety Company (Surety) By --- �,� L. Job, ASA(I) Attu 1r ney-in-rFact Form F4597 %My Western Surety Company PAYMENT BOND Bond Number: 70046647 KNOW ALL PERSONS BY THESE PRESENTS, That we Automotive -Services Intl, Inc. of 63 Ethan Allen Dr., South Burlington, VT 05403 hereinafter referred to as the Principal, and western Surety company as Surety, are held and firmly bound unto Town of South Burlington of 575 Dorsett _St. , South Burlington, VT 05403 hereinafter referred to as the Obligee, in the sum of Two Thousand EightHundred_ Fifty and 00/100 Dollars ($ 2 , 850.00 ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated day of ,for Landscaping copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 9th day of February , 2006 Automotive Services Intl, Inc. (Principal) BY _ (Seal) WesternSurety Company (Surety) BY L. johma. Any►. Seal) Atto ney-ir-Fact Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint L. Johnson of Sioux Falls State of South Daltota , Its regulariy elected Assistant Secretary as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and fidelity bonds. indemnity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made, or existing against said Company. Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to -wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 9th day of February 2006 ATTEST WEST N SURET OMPANY Assistant Secretary Z*11T. Brufla�eniorce President STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ss On this 9th day of February 2006 before me, a Notary Public, personally appeared Paul T. Bruflat and A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. s D. KRELL s s SAE NOTARY PUBLIC SEAL Is s SOUTH DAKOTANC16 Is t yyyyy��a�h�i5�i �ah-i4S�s �a �a�45 t • _` My Commission Expires November 30, 2006 Notary Public Form 672-4-2002 ACT 250 NOTICE MINOR APPLICATION 10 V.S.A. §§ 6001-6092 On February 16, 2006, Mike Hopwood filed application # 4CO643-22B for a project generally described as: the construction of a 1,200 sf. addition to an existing auto repair and an increase number of parking spaces from 16 to 18 with municipal water and sewer services. The project is located on Ethan Allen Drive in the City of South Burlington, Vermont. The District 4 Environmental Commission will review this application under Environmental Board Rule 51 - Minor Applications. Copies of the application and proposed permit are available for review at the South Burlington Municipal Office, Chittenden County Regional Planning Commission located at 30 Kimball Avenue, South Burlington, and the office listed below. The application and proposed permit may also be viewed on the Natural Resources Board's web site (www.nrb.state.vt.us/lup) by clicking on "District Commission Cases," selecting "Entire Database," and entering the case number above. No hearing will be held unless, on or before March 14, 2006, a party notifies the District Commission of an issue or issues requiring the presentation of evidence at a hearing or the commission sets the matter for hearing on its own motion. Any hearing request shall be in writing to the address below, shall state the criteria or subcriteria at issue, why a hearing is required and what additional evidence will be presented at the hearing. Any hearing request by an adjoining property owner or other interested person must include a petition for party status. Prior to submitting a request for a hearing, please contact the district coordinator at the telephone number listed below for more information. Prior to convening a hearing, the District Commission must determine that substantive issues requiring a hearing have been raised. Findings of Fact and Conclusions of Law will not be prepared unless the Commission holds a public hearing. Should a hearing be held on this project and you have a disability for which you are going to need accommodation, please notify us by March 14, 2006. Parties entitled to participate are the Municipality, the Municipal Planning Commission, the Regional Planning Commission, adjoining property owners, other interested persons granted party status pursuant to Board Rule 14(A)(6). Non-party participants may also be allowed under Board Rule 14(E). c Dated in Essex Junction, Vermont, this day of February 2006. �/' ipi0l�,7 •:7 By Peter E. Kieibel r U'Natural Resources.Board District #4 Coordinator 111 West Street Essex Junction, VT 05452 T/ 802-879-5658 E/ peter.keibel@state.vt.us W:\Act250\DIST4\PROJECTS\4C0643\4C0643-22\4C0643-22B.NOT This is a DRAFT permit; please submit any written comments or corrections to: Peter E. Keibel, District #4 Coordinator, 111 West Street, Essex Junction, VT 05452 A permit will NOT be issued by the District Commission until the following information is received: 1) Potable Water Supply and Wastewater System Permit issued by the ANR-DEC Wastewater District Environmental Commission #4 hereby issues Land 0,9e Permit Amendment 4C0643-22B, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6092. This permit amendment applies to the lands identified in Book 655, Pages 624, of the land records of the City of South. Burlington, Vermont, as the subject of a deed to Mike Hopwood, the Permittee as Grantees. This permit specifically authorizes the Permittee to construct a 1,200'sf. addition to an existing auto repair facility and increase the number of parking spaces from 16 to 18, with municipal water and sewer services The project is locatedon EthanAllen Dr, e in the City of South Burlington. The.project is subject to Act 250 j developmentyer which the Ci EBR 2(A)(� - ccordingly The Permi s; operate and in a: following conditi 1. AI nditions o s amended herei: 2. By acceptance of Vermont access ascertaining with this Del: 3. ect .on because the project is a material or substantial change to a has eta and thus constitutes "development" pursuant to W �Si )errriiIxiient is required pursuant to EBR 34. Iiors in interest, are obligated by this permit to complete, �I�`.by the District Commission in accordance with the t #4C0643 and amendments are in full force and effect except permit, the Permittee agrees to allow representatives of the State of property covered by the permit, at reasonable times, for the purpose of ce with Vermont environmental and health statutes and regulations and ect shall be completed, operated and maintained in accordance with: the plans and on file with the District Environmental Commission, and the conditions of this permit. 4. The approved plans is: Sheet 1 - "Site Plan, Hopwood Property" dated 10/25/03, last revision 1/18/06 t l l Land Use Permit #4C0643-22B Page 3 of 4 and to evaluate and impose additional conditions with respect to erosion control as it deems necessary. 14. All disturbed areas of the site shall be stabilized, seeded and mulched immediately upon completion of final grading. All disturbed areas not involved in winter construction shall be mulched and seeded before October 1. Between the periods of October,I to April 15, all earth disturbing work shall conform with the "Winter Construction" standards and specifications of the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites (1987). 15. A copy of the approved erosion control plan shall be on the site at all times during construction 16. In addition to conformance with all erosion control conditions, the Permittee shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee frpm compliance with 10 V.S.A. (§§ 1250-1284) Chapter 47, Vermont's Water Pollution`Control haw. 17. The Permittee shall maintain a 50-foot undisturbed, naturally vegetated buffer strip between all watercourses on the project site and any disturbed areas. 18. All stumps shall be disposed of on -site above the seasonal high water table or at a State approved landfill so as to prevent groundwater_ pollution. 19. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit# by replacing any dead or diseased plantings within the season or as soon as possible after the ground thaws, whichever is sooner. 20. The installation of exterior light fixtures is limited to those approved in Exhibits #, and shall be mounted no higher than fourteen feet above grade level. All exterior lighting shall be installed or shielded in such manlier as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illurninated. 21. The Pccrnittce shall not erect exterior signage without first obtaining approval from the District Commission. Signage includes banners, flags, and other advertising displays, excepting temporary real estate, marketing signs. If the existing building contains floor drains which discharge underground on -site, the Permittee shall either register the floor drains with the ANR Underground Injection Control (UIC) Program or close the floor -.drains after filing the proper notification with the UIC Program. r,. The, projec all conform with the 2001 Vermont Guidelines for Energy Efficient Commercial Construction, promulgated by the Vermont Department of Public Service. Any design or equipment features that do not comply with the 2001 Guidelines, or any custom measures not installed, shall be brought promptly to the attention of the Department of Public Service for comment and to the District Commission for approval prior to construction. 24. The installation and/or use of electric resistance space heat is specifically prohibited without the prior written approval of the District Environmental Commission. Land Use Permit #4C0643-22B Page 2 of 4 5. A copy of this permit and approved plans shall be on the site at all times throughout the construction process. 6. No changes shall be made in the design or use of this project without the written approval of the District Coordinator or the Commission, whichever is appropriate under the Environmental v Board Rules. 7. Pursuant to EBR 51(G), the permit application and material representations'relied upon during the review and issuance of this permit b the District C p y ortitnission shall proved,the basis for determining future substantial and material changes to the approved project and for initiating enforcement actions. 8. The District Environmental Commission maintains e the permit and may periodically require that the perr project is being completed, operated and maintained as provided by 10 V.S.A. §§ 6001-6092 and the rulg 9. By acceptance of the conditions of this that the conditions of this permit shall 1. will be binding upon and enforceable a interest. 10. The project is approved for the , 18 - vehicle parking spaces . 450 - gallons per day of wate ;and 24 - vehicle trips per day (ng chan€ 8 - A11 peak hour vehicle hips (no 11. by the in ;. urisdiction durinj 'time of ler file an affidavit certifying that the ordance with the terms of the permit, Environmental Board. Ll, the Permitt e confirms and agrees the land uses herein permitted, and pd all.assians and successors in remain*g for Phase 3 of park), g: (no c ge - 2,335 remaining for Phase 3 of park), amQ'for Phase 3 of park), and 6 remaining for Phase 3 of park). of the conditions of the following Agency of Natural Division. System Permit #WW-4-1636-3 issued on DATE by Any subsequent noMMM" al changes to these permits shall be automatically incorporated herein upon issuance by A ency of Natural Resources. Subsequent amendments involving material changes to the A 50 permit shall not be constructed prior to review and approval of the District CoordiN r or the District Commission under applicable Environmental Board Rules. iittee and all subsequent owners or lessees shall install and maintain only low -flow ,'fixtures in any buildings. Any failed water conservation measures shall be promptly with products of equal or better performance. 13. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control If J Land Use Permit #4C0643-22B Page 4 of 4 25. Each prospective purchaser of any lots shall be shown a copy of the approved plot plan, Potable Water Supply and Wastewater System Permit, the Land Use Permit and amendment and the Findings of Fact before any written contract of sale is entered into. 26. No further subdivision, alteration, and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commis ion. 27. The Permittee shall reference the requirements and condr'ons imposed by Land Use Permit #4C0643-22B in all deeds of conveyance and leases 28. Pursuant to 10 V.S.A. § 6090(c) this permit amendment is hereby,tgsued definite term, as long as there is compliance with the conditions herein. Notwithstanding any atber provision herein, this permit shall expire three years from the date of issuance if the Permittee has not commenced construction and made substantial progress toward completion within the three year period in accordance with 10 V.S.A. § 6091(b). 29. Failure to comply with all of the above conditions may be grounds .for permit revocation pursuant to 10 V.S.A. § 6090(c). Dated at Essex Junction, Vermont, this day of March, 2006. n: By Thomas A. Little, Chair District #4 Commission Members participating in this decision: Kate Purcell Chuck Dunham Any party tray file a motiorrto alter with the District Commission within 15 days from the date of this decision, pursuant to Environmental Board Rule '31(A). Decisions on minor applications may be appealed only if a hearing was held by the district commission.Please note that there are certain limitations on the right to appeal. See 10 V S,A.' § 8504(k). Any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days ofthe 'date of issuance, pursuant to 10 V.S.A. Chapter 220. The appellant must attach to the Notice of Appeal the entry fee of $225.00, payable to the State of Vermont. The Notice of Appeal`must include all information required by Rule 5(b)(3) of the Vermont Rules for Environmental Court Proceedings (VRECP). The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the VRECP. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at wa7v�,.vermontiudiciarv.orc. The address for the Environmental Court is: Environmental Court, 2418 Airport Rd., Suite 1, Barre, VT 05641-8701. (Tel. # 802-828-1660) W:\Act250\DIST4\PROJECTS\4C0643\4C0643-22\4C0643-22B.PMT CERTIFICATE OF SERVICE I hereby certify on this 21" day of February, 2006, a copy of the foregoing ACT 250 NOTICE MINOR APPLICATION #4C0643-22B, was sent first class mail, postage prepaid to: PARTIES: Mike Hopwood The 4 x 4 Center 63 Ethan Allen Drive South Burlington, VT 05403 James Howley, P.E. Llewellyn -Howley, Inc. 20 Kimball Avnue, Suite 202 N South Burlington, VT 05403 Donna Kinville, City Clerk Chair City Council/Chair City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 Elizabeth Lord, Land Use Attorney Agency of Natural Resources 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 FOR YOUR INFORMATION District #4 Environmental Commission Thomas A. Little, Chair/Kate Purcell/Chuck Dunham 111 West Street Essex Junction, VT 05452 NRCS, District Conservationist USDA Soils Conservation Service 1193 S. Brownell Road Ste 35 Williston, VT 05495 Tom Bushey, District Supervisor, N.R.C.D. - 48 Bushey Road Shelburne, VT 05482 County Forester/Agency of Natural Resources 111 West Street Essex Junction, VT 05452 John M. Austin/Dept. of Fish & Wildlife Agency of Natural Resources 5 Perry Street, Suite 40 Barre, VT 05641-4266 W:\Act250\ADMIMCS\4C0643-22B.wpd.bc i F Page 2 COS #4C0643-22B Burlington Free Press/Classified Ad Section 191 College Street Burlington, VT 05401 Christopher Owen Vt. Dept. of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 Green Mountain Power Corporation 163 Acorn Lane Colchester, VT 05446 Michael Russom Vermont Gas Systems PO Box 467 Burlington, VT 05402 Division for Historic Preservation National Life Building, Drawer 20 Montpelier, VT 05620 James B. McCarthy, Engineering Services Vtrans - One National Life Drive, Drawer 33 Montpelier, VT 05633 Marian White, Policy Analyst Dept. of Agriculture, Food & Markets 116 State Street, Drawer 20 Montpelier, VT 05620-2901 Dan Gaherty/Efficiency Vermont 255 South Champlain Street Burlington, VT 05401 Michael Barsotti, Water Quality Director Champlain Water District 403 Queen City Park Road South Burlington, VT 05403 ADJOINING LANDOWNERS On File at District Commission Office Dated at Essex Junction, Vermont, this 21 s` day of February, 2006. W:\Act250\ADMrMCS\4CO643-22B.wpd.bc Now the utmost in privacy and beauty from both sides of the fence. P.D.S. slats are designed to retain their original color and beauty without cracking or fading. A chain link fence with P.D.S. slats is virtually maintenance free. To clean, just spray with water, P.D.S. is an exclusive patented slat that comes precut to any length in six different widths that will fit any chain link fence. P.D.S. gives more value for the money. You can start with one of our eight decorator colors, then mix and match to complement any fenced area, inside and out! NEW LOCKING SYSTEM The new Locking PDS slats feature EASIER INSTALLATION and provide added SECURITY with Locking retention of the vertical slats and the horizontal channel. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 27, 20o6 Jim Howley Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: Hopwood Property — 63 Ethan Allen Drive Dear Mr. Howley: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced projects approved by the Administrative Officer on January 27, 2006. Please note the conditions of approval including that you must apply for a zoning permit within six (6) months., If you have any questions, please contact me. Sincerely, Betsy Mc onough Planning & Zoning Assistant Encl. cc: Mike Hopwood YF 1 LLEWELLYN - HOWLEY I N C 0 R P 0 R A T E 0 FAX TRANSMITTAL LETTER Date: January 27, 2006 To: Ray Belair Fax: J8464101 From: Jim Howley Phone: 658-2100 Re: Hopwood — proposed pole light Pages: 3, including this cover sheet !f this transmission has not arrived at its correct destination, please call the sender. Dear Ray I apologize for the delay. Our facsimile was acting up. 141 20 Kimball Drive Suite 202N - South Burlington, Vermont 05403 T 802.658.2100 E 802.658.2882 web: www.ihirEc.net e-mail: }bh@a lhinc,net Engineering - Land Development - Permitting /-06; 1.07F'M; ;5582882 F 0 R IVA 10 S QUA ' E A STYLE GENERAL: Each Cardin loan Ten A Style is a rectilinear sharp am tube image duplicator patterns to achieve IES Types t (1), lit (3, C1tW llminaire for high intensity discharge lamps. Luminaires are FC3V), IV (17M), and V (0 - horizorutal lamp and VSIFCVS - verticat equipped with internal slip fitters for pole top mounting and are lamp) dliMbuforts. The mogul base lamphoider Is glazed pwcelain available in one-way, two-way and four-way configurations with a nickel plated screw shell with lamp grip - all securely proportionately scald it three sizes n4th lily tamps from 70 to attached to the reflector assembly.1I OWN units have medicxn la@ 10W watts, internal components are totally endmd, rain -tight, lamphotder_ AN horizontal Metal Halide wits in the iT and 2t3' dusl-iigid and corrosion resistant. No renting of optical system or housings have lamp stabilizers ensuring preciao are tube electrical components is megvirod or permitted. Lampin6 requires no positioning. lifting or hinging the luminaire housing, disturbing wiring or exposing uninsutaied five parts. HotlSM; NorrAmis are emposed of predsely mutated anodized aluminum extrusions. Tops are press -formed with a returned perimor flange which are Internalty welded with the housing sacs_ f ressura k joeW silicone provides a continuous weatherW seal at ad raters and points of maser ial trarzWon. LENS: ftrtltered, ex6ttded anodized aluminurn door frame retains the optically c6m het and Impact resistanl tempered flat glass in a seated manner using hollow secthn, high compriance, memory retentive eKvuded silicone rubber. Co led stemless steel latch and hinge permit easy tootles amm to the lurrtinatre. OPTICAL SYSTEM: The segmental Fortis Ten optical systern is homogeneous sheet aluminum, electrochemically brightened, anodized and sealed. The segmented reflectors are set in faceted ELECTRICAL: Each high power Factor ballast is the separate component type, capable of providing reliable lamp slatting dawn to -W F. The ballast is secured within the luminaire, adjacent to the reflector system, Component -to -component wiring within the luminaire will carry no more ttran t3[t5% of rated current and is listed by UL l+or use at 6DO VAC at 150T or Ngher, Plug disconnects are listed by UL for use at 6011 VAC,15A or higher. FINISH: Anodized housings are created with an Aluminum Association Architectural Class t anodizing process to achieve a bronze, black or natural aluminum finish, Painted units are finished with hardcoat, fade resistant, awrostatically applied polyurethane. ConsuR factory for special color' finishes. LABELS: All fixtures bear UL or CUL (where applicable) Wet Loca on labs. s Ywpn 7apElf omn 16FlRis YVafa�t SRae Wk" a G D E $In:gle TWin Quad I Skoog 1wn Quo 14" t-F 21' 7' a" 2 wr 1 3 2.i 2-7 34 92 122 is, Ur 29, 10" 8' 4" Z.5 55.1 5.1 7t 120 M 29' W W lir tr 4" 3A as 8_8 its 214 3" + D Gaudio i.*&V rye tin *a a dWX* mar -mats of modify lute dN�g s d its rnow a r-?9wut t3RtclR! 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Amara+ C-FYW --- ww sftoWin9.rom RLTmo A cwr:5'zONTvw 7911S42M§04 �C 7nV-1 "An"'TONVHn th HHnP SLITESSC04 !;Z:SZ 900Z/LZ/10 LLEWELLYN • HOWLEY I N C O R P O R A T E D CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) name: Michael Hopwood address: 4x4 Center 63 Ethan Allen Drive South Burlington, VT 05403 2) LOCATION OF LAST RECORDED DEED (Book and page #) Volume 655, page 624 3) APPLICANT (Name, mailing address, phone and fax #) Michael Hopwood 4x4 Center 63 Ethan Allen Drive South Burlington, VT 05403 phone: 864-8565 facsimile: 864-0464 4) CONTACT PERSON (Name, mailing address, phone and fax #) Applicant or January 2006 Consultant: James Howley, P.E., Llewellyn -Howley Inc., 20 Kimball Ave, Suite 202N South Burlington 05403 658-2100 658-2882 fax 5) PROJECT STREET ADDRESS: 63 Ethan Allen Drive 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0435-00063C 7) PROJECT DESCRIPTION a) Existing Uses on Property (description and size of each separate use) Automobile sales and service Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ihinc@lhinc.net www.ihinc.net LLEWELLYN • HOWLEY I N C O R P O R A T E D b) Proposed Uses on property (description and size of each new use end existing uses to remain) Continuation of use described above Proposed uses: 1. Proposed 1,200-square-foot addition (30 x 40 feet) to existing 6,060-square-foot building, as shown on plan. Existing sand blast tent (15 x 24 feet) next to west side of original building will be moved to the west side of the addition. 2. Proposed roof overhang on the east side of building. Customers have suggested a rain and snow roof over the building's public entrance door. Applicant also wishes to "break up" the expanse of long and high wall by extending the doorway roof from one corner of the building to the other. The overhang would be constructed of wood, with either shingles or a membrane covering, and a rain gutter or deflector by the entrance door. Overall dimensions would be: approximately 8 feet above ground at the gutter edge, a half foot higher at the building, 6 feet wide, and 30 feet long. 3. Proposed landscaping: ten eastern white cedars at two locations north of building. Cost quotation from 4 Seasons Garden Center is enclosed 4. Proposed parking spaces: 3 at northeast corner of storage yard, by exit to Ethan Allen Drive 3 at northeast corner of existing building (existing 5 on east side of building to be shifted south to accommodate cars backing out of the 3 new spaces) 5. Proposed 8-foot galvanized mesh security fence with green diagonal slats to be installed along west and south edges of storage yard, as shown on plan. The applicant has experienced several incidents of vandalism in this area. Physical evidence found at the scene suggests that the perpetrators have entered the property not from the streets but from the less visible lands to the west and south. 6. Proposed 175W lamp on 14-foot pole near south property line, southeast of the addition, as shown on plan. Applicant desires security lighting to augment the fence. c) Total building square footage on property (proposed buildings and existing buildings to remain) Existing building 6,060 square feet + existing sandblast tent 360 square feet = 6,420 s.f. Both of the above to remain Proposed building extension 1,200 square feet Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ihinc@lhinc.net www.lhinc.net LLEWELLYN • HOWLEY I N C O R P O R A T E D d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Height of existing building is 30 feet on the north side and 34 feet on the west side (lower ground), one story, with a mezzanine; there is no basement. Height of proposed addition will be 34 feet, with two 12-feet wide overhead doors facing Ethan Allen. Drive, a flat roof and no basement. Construction materials will be the same as for the existing building. Proposed activity in the addition: auto maintenance e) Number of residential units (if applicable, new units and existing units to remain) None f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees): No staffing changes are planned, currently 10 employees and 2 company vehicles g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Parking spaces: 6060 sf existing building + 1200 sf proposed addition = 7,260 sf "Auto sales & service" formula: 2 per 1000 sf GFA x 7,260 = 15 spaces, including one handicapped -accessible by office off Commerce (1 handicapped space per every 25 spaces). Total spaces existing: 16, including 4 designated as storage, north of existing building Total spaces proposed: 22, including the 4 previously designated as storage 8) LOT COVERAGE lot size 48,877 s.f., 1.12 acres a) Building: Existing 6,420 s.f., 13.1% Proposed 7,620 s.f., 15.6% b) Overall (building, parking, outside storage, etc) Existing 23,346 s.f., 47.8% Proposed 24,441 s.f., 50.0% c) Front yard (along each street) 9) COST ESTIMATES Existing 16.6% Ethan Allen Dr. Proposed 16.6% Existing 14.0% Commerce Ave. Proposed 14.0% a) Building (including interior renovations): $ 95,000 building addition and roof overhang Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ihinc@lhinc.net www.lhinc.net LLEWELLYN • HOWLEY I N C O R P O R A T E D b) Landscaping: $ 95,000 x 0.03 = $2,850 Cost estimate for 10 Eastern White Cedars (4 Seasons Garden Center price sheet attached): $ 2,869.00 Locations shown on site plan. c) Other site improvements (please list with description) none proposed 10) ESTIMATED TRAFFIC No increase in previously approved traffic volume is expected. a) Average daily traffic for entire property (in and out): 8 vehicle trip ends (vte) in and out per day b) A.M. Peak hour for entire property (in and out): 3 vte c) P.M. Peak hour for entire property (In and out): 3 vte 11) PEAK HOURS OF OPERATION: 9:30 a.m. — 4:30 p.m. 12) PEAK DAYS OF OPERATION: Monday - Friday 13) ESTIMATED PROJECT COMPLETION DATE: August 2006 1.26.2006 11:25 Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ihinc@lhinc.net www.lhinc.net 1-12-06; 3:04PM; { ;6582882 # 5/ 8 14) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A): $185, includes $10 recording fee I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. 4uIV",;Ws ,SIGNATUILE OF APPLICANT 4diw4eck SIGNATURE F PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board L'J", z k I - 6, A< I have reviewed this site plan application and find it to be: Fowrcomplte ❑ Incomplete Director of Planning & Zoning or Designee Date w LLEWELLYN • HOWLEY I N C O R P O R A T E D January 26, 2006 Mr. Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Michael Hopwood Site Plan Amendments application Dear Ray: This letter accompanies a revised narrative and a revised plan sheet (five 24 x 36 copies and one reduced copy). In last week's submittal I had forgotten to include the sandblasting tent. The tent is a previously approved structure that currently stands next to the southeast corner of the building. I have also removed the two parking spaces that were proposed near the Ethan Allen Drive entrance. The narrative describes and the plan shows six new proposed uses on the site: building addition, roof overhang (on the east side of the existing building), landscaping to the west and east of the eleven -space parking row, parking spaces (three next to the wetland buffer, security fence and security lighting. Mr. Hopwood respectively requests that you grant an administrative approval of his proposed improvements. Very truly yours, +, 4�� Le Ja es Howley, P.E. cc: Michael Hopwood Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: IhincClhinc.net www.lhinc.net 01/24/2006 TVE 16,57 FAX 802 8c 11936 Four Seasons V02/002 EASONS a 0 GAFRDEIV CENTER 472 MAR3HAL.L AVL„ WILLISTON VERMONT 05495 802-658.2433 WWW-45EAr.ONSGC.CoM JOB QUOTE To: Jim Howley Att: From: Dave Vachitis Date- 1 /24/06 Phone: 658-2100 Fax: 658-2882 Email: Job Name: Mike Hopwood 4X4 Center Qty. Size Description Unit Price Total Comments Eastern White Cedar-� -.. Install1��W)e--Iivery South Burlin- gton �_ •�� C;b. �� LOCUS LEGEND Propss.d Existing Proprty Lin.--�--� Wbtlmd Unit ._..__--.__......-. BuR_ Zms - - Buklhg sstb.* - - Contour -- ------ ps______ P.dertd o Smltry S.- M.H. e� \ SYo- Sewn MA EY/ Stmn S.wr Inbt O \• Hyd-t '"I Got. Val,. w Srrltrysewr stmn S.wr Wht_ sup lyM-- Ehetric Powr _ _� _ ................ __ _ \ 0whsod Mf.- - - - - - - \ \ Nat.rd COs--o------ \ rM.pirm. unity Pa. \-\ tLl sign T 4 \ \ E-t- Whits Cedar, 0-7 IO r,,,, oo.td wmM. at to orodd. 4' T,p. M b1tu.1 ua r I. Pownant ROADWAY AND PARKING LOT N07ES m to exbtMq 1. AN .gk shill W Pnkxm.d h occrdm- -dfh local fin q* malt mghwlq pbn and apdflc.0mw 2 W b.*W and teed pMs - r.car -,&d to -N. d. 1 r carrMt oad oPNk" rood-oY -dkd J iM rod M kh P'oda .hot b. a. ahowr m th. d.whq but trot Ise um u dap, of an PAVED ROADWAY/PARKING LOT SECTION N. T.S. TYPICAL Edathg M.W.Rm 22283 \ Unknown purpas. SMH ® Rbn 2228E �\ \ My 217.4 \ \ OB sa Am..d ounksy wheerNcs Mgoharn Pedertd In 2M. J \\\ \ \ \ Rkn 222.5 Inv 270.51&3 \ ce R1 QT• \ m„ II My E 2 9. Inv RCP 21A0 s ----------- ETHANALLENDRIVE FF ........ _ ---------- # ce RIm 22209 J #' by 219.4 2 j� (7 .nWo�.. naac..°. rcw wo�.n) R 4 X f f w.umNIF a a,n.. __ ' ! .11ti 1 f # Joseph. A \ 1 I -ap--- --- / -.- : i Sean P. K.My \ I No Mow The # � � ! o \` i ' Lot OM _ # # \ ml `i o,_hlpd door wlbolord. en'xb ldbg ! J 1 , II _ td sr..nd - (2) /NIZ t_ t prlu 9 apaca 1 I # W f 1 �` Exladng Bundlsy wwb.d Lmp tamr rtaroq. 89 EIMn AIInn Or. w/dodwtl. \ No Mowhp i \ 8' toahed wkN x 8' Af!gqhh uuwhm9 1 \ owAeed door tto wla►rµ. ' \ e \ 18'x24' Wcpns.d buldhq I O f i \'q i Prol'n� ftd S..W-t t nt .xe.n.im 0- Wt_ EltkV m.chankd -- --` 1 ♦� 7 Da* Amrkm ArbarMtos coh .b pad Electrk T sMrtnr „ I , a \„ f Cdvmbed mesh ..crrcr "r"rl I CAry p.dmtd fano with w_ Mats # °j► -- 1 - - - - \\ fIT d tar worm boot \ "-" "-" anti fob m°amnrwt Pod RYucatw s HV bk. nod TMwphmw Ped td - # f \ and a-.urRy uw oMX \ � � # Lj \ ON & L Aufabdy f { \ r ryo d�.wtof 100 y.r Bad y' \ BB otL#m Hm/ i #218 NOTES 1. O-nr of R-rd Mk. Hopwood Ts 4.4 Cmtr eJ Ethan Aflm Drive South Burlhgton, VT. 0540J 2 Applkanh Mk. Hapwod T. NM Cant_ 83 Ethan ANan OrA. south Burflrgtrr, Vr. amo J. Zm.d• ~ Mdustrbl/Crnm Jd {. P Jset D-*,tbn: Suldhq adatian, roof owhmq, Imdw pa g, pwkkrg V- ..rrdey hu,- and Ifght pd. A Cowogs: Exbthg P r d 44877 F. 100x Exhthq BUAdhg 0.420 wf. IJ.ix Exbthg P.-t i8,920 wf. J4.Bx Exhthq Told Cowrd =,W cat 47.8s To Po,.w 4&877 &f. /DOX (rnhmged) Toted BUPdhg 7,620 wf. 118x Told Pownmt ICS21 F. J4.4x Toted Cowal 24441 wf. 8&Ox Exhthq Front Yrd (Ethan AMm Dd-) %984 wL. 100x Ealefing Cowl (Ethan AMm 0rM) ZM9 wL. J&OX (mchmgd) Exblhq Front Yrd (=!L Awns) 47W cat. 100x Exhthq Co-nd (Crnm.ro. A-) I002 w1. MIX & Exfathq property M. hirm tlm. topo°raphy, mlgthq feotu mdrground ut11RBw, mttmd ddhsutkn and flood pldn M -otion totem Ocm plan antitled 'Ethm AMm Frm. InduOrld S"WWon. R.na d Brand, Lot 37, Topogrophk sit. Ran' by Lmnorwux h Dbkt.-, dotal 8/13,% last r.Na.d 9-4-OM st-A. APP1 Aplu-I 0 m wm I Landscape Design Prepared By: � , f I I , 7 Prnaab 2003024 Gma.P�k.�hPi,n i ,,,,�svr „ wPaPr.wAsw..hm.RRwnRRR.y GRAPHIC SCALE N LLEWELLYN - HOWLEY HOPROPERTY— , ��.a'.r�ttdr.pw�Mw,.a-..a-.wd,�. r�.A. �. PWOOD ♦eery ab .d asrw. loengxr ee r qau / rn♦me 0 2D' 40' MY 1M01W P-Il.w, Pbt ' ..,d w - .w F.f.'a ^w4 a-�^wh. P.*+w f n� \ GLG�L , o �,,,r, _ INCORPORATED aouD, sudMPlm vwmoot ry 2 Ro+edwReffa+• ryf2Au f \ a�w�.— W E — Fxrnl tier a rtwnew-r.rr.r r.rr.�..ea lope/m q - - Crnwaing S.M.- Eng9nmenng PEemitting li - h n wL Rant Aa a.aNmn w eb- If/IyLI AaR pawn-t wfn-Wr b -uM nllr a d>M ae ♦ i A0T 290 f fIM Ar pawn-f m-dm .d �"••� .� 2Q nvba/1 Ara a4w. 202H P ($02) 658-2882 Dr-wkrq: 200MM100 W.. B..b10R D-b ,w„ni,P,R,,,,,,,w,i�„ -� �, „_,e„v 71nch= ;(0 R. S 3-thanninghon T (802)6584100 Site Plan Cmatrue0on ,.w.r.roe..wiaro.r.n.w.e.rrwb Ra r.r.u...ue.. Aar e.rc ..♦:sa aner d.srR -/new `"'�➢ 'rrrr I "�`` Y.-M 05403 httpal7mrxw.Nhlnc.nek Ihaat: i CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANINTE4G & YONUNTG 575 DORSET STREET SOUTH BURLINGTON, VERAiIOI�,TT 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2005 Mike Hopwood The 4 x 4 Center 63 Ethan Allen Drive South Burlington, VT 05403 Re: Minutes Dear Mr. Hopwood: Enclosed, please find a copy of the minutes from the May 3, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough-" Administrative Assistant Encl. +fa�o8-� Ls - DEVELOPMENT REVIEW BOARD 3 MAY 2005 S. Site Plan Application 14SP-05-12 of Ichiban Oishii, Inc., to amend a previously approved plan for a 123 seat standard restaurant with: 1) a proposed 500 sq. ft. addition and 2) a proposed 38-space parking lot expansion. The amendment consists of revising the landscaping plan for the parking lot expansion: Mr. Guild said there is an existing wood fence that goes along 4 properties on the south side. They previously showed a hedgerow there. The owner felt that since there is a 6- foot fence, the hedgerow was not necessary. It would cost $4500. The lot is for overflow parking. Mr. Guild said they would agree to a stipulation that if the fence ever comes down, they would have 60 days to put in the hedgerow. Mr. Dinklage noted staff recommends denying this. Mr. Belair said they feel a hedgerow is still warranted. The proposed alternative would be an enforcement nightmare. Mr. Boucher moved to approve Site Plan Application #SD-05-12 of Ichiban Oishii as presented. Ms. Quimby seconded. The motion failed 0-7. The application has been denied. (09 Public Hearing: Application 9VIZ-05-01 of Michael Hopwood for a variance from Section 3.06, Setbacks and Buffers, of the Land Development Regulations. Request is for permission to allow an addition to an auto repair service facility to project 17 feet into the required 30-foot front setback requirement, 63 Ethan Allen Drive: Mr. Hopwood showed the proposed plan and one which would fit within the setback. He said he felt they met the 5 criteria for a variance as they cannot expand on the other side. They feel a square building is more appropriate. They also feel parking would be less impacted by a square building and that they would lose more spaces the other way and also lose less green space. Mr. Dinklage noted the lot is already developed, so there is no development hardship. Mr. Boucher moved to approve Application #VR-05-01 of Michael Hopwood. Mr. Farley seconded. Motion failed 0-7. The application has been denied. 10. Site Plan Application #SP-05-14 of Mike Hopwood to amend a previously approved plan for a 6,000 sq. ft. auto sales, service and repair facility. The amendment consists of constructing a 2240 sq. ft. addition, 63 Ethan Allen Drive: The applicant withdrew this application. -5- CITY OF S01,11TH BURLINGTON DEPAHli'MEN, T OF P�,ANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05,103 (802) 846-4106 FAX, (802) 846-4101 Permit # M - 6"( 0� All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation ( Request for a conditional use (✓ Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): C-Z ti t7��e..s�� S{4�dti.�s„ 5��,r� ie}��L ( 7i �+. L-k'+ y W a WHAT ACTION OF1 THE ADMINISTRATIVE OFFICER -ARE YOU APPEALING ? �{ c..�/� W;SJe S A c -sA—et b�'I y acl oer u�w� (b.� k� . �� .Y• SL I o4c� 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone & fax #): M',Jidf_t 41PW TJ i 4,t 4- 0S'fo3 2) LOCATION OF LAST RECORDED DEED (book & page #) ✓ .(pZ`f 3) APPLICANT (name, mailing address, phone and fax #) 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax ## if different from above): JG �S �-}o w1eY 5) PROJECT STREET ADDRESS: 4.-3 E-tt-"... 4(1'.. b( 6) TAX PARCEL ID #: 0y35 - 00063 C. 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): 1 A^-d+y raA 4 �-rA T�trin e��. r D�► I I. a -eC.S )oSAA- '. B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): n s a tb Vb4 C. Total building square footage on property (proposed buildings & existing building to remain): D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): �inj-J k4-t"�r 1'ce E. dumber of residential Units (if applicable, new units & existing units to remain): N A F. dumber of employees & company vehicles (existing & proposed, note office vs. non -office employees): e- Z 7 r G. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): 5) LOT COVERAGE A. Total parcel size: _ y 1 � 17 Sq. Ft. B. Buildings: Existing ►'L-' % / (o0to0 Sq. Ft Proposed 1-7. o % / $ 3 0 0 Sq. Ft. v'- 6-V---e'T C. Overall impervious coverage (building, parking, outside storage, etc) Existing M "L.1 % / Z.L, r 7 b Sq. Ft. Proposed 54.0 %/_ �zk3LI Sq. Ft. D. Total area to be disturbed during construction: 2300 Sq. Ft * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ 111, o0o B. Landscaping $ ,&LLA 4 �ov.e_ C. Other site improvements (please list with cost): w,--tA `* 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and out): Ao B. A. M. Peak hour for entire property (in and out): V14 t k�C `� J.G I r__\\ C. P.M. Peak hour for entire property (in and out):� 1.1) PEAK HOURS OF OPERATION 4 12) PEAK DAYS OF OPERATION `je¢ � Sa-f5 13) ESTIMATED PROJECT COMPLETION DATE 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): I hereby certify that all the information requested as park of this application has been submitted and is accurate to the best of my knowl ge. SIGNATU E OF APPLICANT 5;�t A^Q— SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: 11L&velopment Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be.- 13/COMPLET ❑ Incomplete ��' Ll" Di c or of Planning & Zoning or Designee Date CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: April 26, 2005 \drb\var\hopwooftariance.doc Application received: March 30, 2005 VARIANCE APPLICATION #VR-05-01 63 ETHAN ALLEN DRIVE Agenda #10 Meeting date: May 3, 2005 Owner/Applicant Property Information Michael Hopwood Tax Parcel 0435-00063-C 63 Ethan Allen Drive IC Zoning District So. Burlington, VT 05403 Location Map m 0 CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING -- \drb\var\hopwood\variance doc Michael Hopwood, hereafter referred to as the applicant, is seeking a variance from Section 3.06, Setbacks and Buffers, of the Land Development Regulations. The request is for permission to allow an addition to an auto repair and service facility to project 17 feet into the required 30 foot front setback requirement, 63 Ethan Allen Drive. Associate Planner Brian Robertson and Administrative Officer Raymond Belair, referred to herein as Staff, have reviewed the plans and have the following comments: VARIANCE REVIEW STANDARDS Title 24, Section 4468 of the Vermont Municipal and Regional Planning and Development Act establishes the following review standards for all variance requests On an appeal under section 4464 or section 4471 of this title wherein a variance from the provisions of a zoning regulation is requested for a structure that is not primarily a renewable energy resource structure, the board of adjustment or the development review board, or the environmental court created under 4 V.S.A. chapter 27 shall grant variances, and render a decision in favor of the appellant, if all the following facts are found and the finding is specified in its decision. (1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulation in the neighborhood or district in which the property is located. Staff cannot identify any "unique circumstances or conditions" associated with the subject property, and therefore it is staffs opinion that this property does not meet this requirement. Although it may not yield the ideal situation for the applicant, the addition could be constructed in compliance with the Land Development Regulations, if planned accordingly. (2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulation and that the authorization of a variance is therefore necessary to enable the reasonable use of the property. This property does not contain any unique physical circumstances or features, so the subject property does not meet this requirement. In addition, the subject property is currently developed with a 6,060 square foot building, which staff feels is a reasonable use of the property. (3) That the unnecessary hardship has not been created by the appellant. The applicant has created the "unnecessary hardship" through the layout of the proposed project. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\var\hopwood\variance.doc (4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare. Staff does not feel that the variance, if authorized, would alter the essential character of the neighborhood, nor would it permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, or be detrimental to public welfare. (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and from the plan. Staff does not feel that the variance, if authorized, would represent the minimum variance that will afford relief or represent the least deviation possible from the South Burlington Land Development Regulations. Staff believes that the proposed addition could be planned in a manner that complies with the Land Development Regulations. RECOMMENDATION Staff recommends that the Development Review Board deny Variance application #VR-05-01, as all five of the above criteria are not met. Respectfully s bmitted, Brian Robertson, Associate Planner Copy to: Michael Hopwood, applicant LOCUS LEGEND Proposed Property Lha Eosement Une Wetlond LknIt Buller Zone Bonding Setback Contour —1n- Pedestd 0—out Sonitwy Sewer M.N. Storm Sewer M.H. Storm Sewer Inlet Hydrant Cote Vdw Sonitwy Sewer Storm Sewer Water Supply Electric P.- 0—hood Wire Natural Gas Telephone Lum,nwre unity P.I. Sign r Cut to "Woe 4' \ \ N/F \ John Better Space �l\ Lot y \ '3 \' b \ 9y 1ge 9 bltumhoua :rote pavement ROADWAY AND PARKING LOT NOTES L All wwk shill be prolermad in Wcwdonce wlth toed rreeqquulotk-4 the Vermont Stots Stnrlwd Spec6cntkns lw canatrvctlan, nil the approved nglneerhp pine nil spscl/kobk: 2. Soa buringe end test pits we nto—ended to ,.ikon design enditkna and epplld eoe roodeoy, sectkn. J. The rood r ish grade shall be or shoen onthe d n k g but not less thn o akpe of O5F PAVED ROADWAY/PARKING LOT SECTION N. T. S. TYPICAL Existing Mnho/e Rkn 122.63 *. ♦ _ \ unknown puroose SMH R E C E IV-.m. ,I MAR 30 2UJb City of So. Burlington '0<,of VIP, p * A_ 1 6 y CB Rim 221.93 Inv 2I7.7 5MH Rim 222.59 Inv 216.5 1 CB ee Rkn 222.17 Inv PE 219.8 ♦ Inv RCP 218.0 ram .............• i i ..._ a .,..._,j._._®.__a_...._...._®_ Sr i I I I S I Relocate 1 M 1 EW.W9 i Inv 219.4 .4 chary N/F Joeeph P. & I Soon P. Kelly i Lot 138 NOTES 1. Owns of Record. Mkhoel Hcp vad fie 4s4 Center 63 Ethn Allen Orlw South Bodlngton, VT 05407 2. Applicant Michael Hopwood J. Zoned. Wved Ind-Wal/Coro—cfd 4. Project Oescrptfn: Su6ding odditln, paved outo storage agowsln, poking spoees auponsion 5. Cowroge d: Selbocka: Edatihg Poro l 46,877 at (>rnh11 u lot 40,000 at) Esbth9 8.4ding 6,060 s.1. 12.48 (M0X dfowobk) Elating Pavement 14.816 a.f.. Esl.H.9 Told Covered 20,876 xl. 41.71: (<70X) Proposed Parcel 48,877 a f.. (unchanged)Proposed Totd Buedhg 8,300 at. 17.OX (<40R) Proposed Pawinenl 17.896 at Proposed Told Cowed 26.196 s.f.. 54.051 (<70%) Existing Front Ywd, Ethon Allen OHw: 9,964 at Proposed Bldg. h Pave. Cow in Setback: 4,5115 al. 46.Oa: (>JOx) Esisting Front Y.M. Commeree Awnue: 4756 at Proposed Bldg, A: Paw. Cow InSetback: 1,502 s.l. 40.OX (>30X) Proposed Su6tlhg 16-17 ft. into Commerce Am hoof lord aetbock 6. Porking: 17 spacer lndutlinq 1 hondkopped, (auto «loch/soles: 2 per 1000 at. CFA) 2 s Bl ! Mat 17 5. Eslsthg property line Intwmotfon, fopogrophy, edsthq lectures, underground ufglffea. wationd ddlneotfon and Rond ploh Wbrmotkn token from pion entitled "Ethon Allen Forms Industrid Subdldafon, Rene J. Berord, Lot 37, Topogrophic Site Plon' by Lamoureux k Dickinson, doted 8/13103, loot reload 9-4-0.1 Bho. alto Men Appll!iio Appr.M 4 , ----P Ae1°i°i1r°"„°'b k"h °"e'O'O" 4/2AM, Landscape Design Prepared By: aun..aa.w /' s.wa. vm w en �,„,gym„.® GRAPHIC SCALE ' � k,� 1 a +o Ya All d, y o r+cs4 1 inch ts 20 rt. aA k eS.- i kw North ;YL '16 4s1 ELLYN HOW LEY Proeeb 2003 M HOPWOOD PROPERTY— va.mak asLM[oBudmgro nrys Site Plan Bret zoo{� eheeb 1 u «. rH ,.ar rant ,me advMnw. IY/1Y/Ai :N C O R P OM RAT E D y `g0. IA Ave. ate. 201B p {8t1Y) 658-2832 a Ban eon r 602 6arF2soa p� �9 ) 'Venmm�t OW3 bon Jh—lbinxreot P 1 nlae a p, n e ]Aa_ e pbbole Bv.Fp 1p/2a/w ) see met pet end 4laraae tmM. e/ke/1H A�*�g pp, tt.rlMn Deb s aaa ts,L nw. mva nnl. dme t w/oz w Cemwetlen nba....r.,.w.error.,,...w.wre..ue.wr.n,..ul... a And—_ ,.d.. w.w.hr .,w. m/YaNt CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD \drb\sit\hopwood\site plan_addition.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: April 26, 2005 Application received- March 30, 2005 SITE PLAN APPLICATION #SP-45-14 HOPWOOD — 63 ETHAN ALLEN DRIVE Agenda #11 Meeting date: May 3, 2005 OwnerlApplicant Mike Hopwood 63 Ethan Allen Drive So. Burlington, VT 05403 Engineer Property Information James Howley Tax Parcel 0435-00063-C Llewellyn -Howley, Inc. Mixed Industrial & Commercial (IC) District; 20 Kimball Avenue, Suite 202N 48,877 square feet S. Burlington. VT 05403 A� c IA CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\hopwood\siteplan addition.doc Mike Hopwood, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved site plan for a 6,060 sq ft building used for auto sales, service and repair. The amendment consists of constructing a 2,240 square -foot addition, 63 Ethan Allen Drive. Associate Planner Brian Robertson and Administrative Officer Raymond Belair, referred to herein as Staff, have reviewed the plans and have the following comments: ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements IC Zoning District Required Proposed Min. Lot Size 40,000 SF 48,877 SF Max. Building Coverage 40% 17.0% Max. Total Coverage 70% 54.0% • Max. Front Yard Covera e 30% 40%; 46% • Min. Front Setback 30 ft. 13.5 ft. Min. Side Setback 10 ft. 10 ft. �l Min. Rear Setback 30 ft. N/A �l zoning compliance A zoning non-compliance 1. The plans shall be revised to comply with the front yard coverage requirements for the lC Zoning District, prior to site plan approval. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed addition will not accomplish a desirable transition from structure to structure or from structure to site, as it is proposed to be constructed within the front yard setback. According to Table 13-2 of the Land Development Regulations, an automobile and motorcycle sales, service, and repair facility requires two (2) parking spaces for every 1,000 square feet of gross floor area (GFA). Thus, the proposed 2,240 square feet of additional space will require five (5) additional parking spaces. The existing 6,060 square foot building requires twelve (12) parking spaces. Thus, a total of 17 parking spaces are required; 17 parking spaces are provided. 1 CITY OF SOUTH BURLINUTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\hoowood\siteglan addition.doc (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The majority of the parking spaces will be to the side of the subject building. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The maximum height of the proposed structure is 34', which is consistent with the development on surrounding properties. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 2. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Staff feels this requirement is being met through the proposed addition. (fl Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The proposed addition does not relate harmoniously to the existing buildings in the vicinity, as it is proposed to encroach into the front yard setback that has been established for the subject zoning district. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to create access to the properties that abut the subject property. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\hopwood\siteplan addition.doc screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans depict two (2) screened dumpsters on the northwesterly comer of the building. (d) Landscaping and Screening Requirements Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $3,360 of landscaping. The applicant is not proposing any additional landscaping. 3. The plans shall be revised to depict the minimum amount of landscaping required pursuant to Table 13-9 of the Land Development Regulations, prior to site plan approval. 4. The applicant shall submit a landscape budget, prepared by a landscape professional, indicating that the minimum landscaping requirement is being met, prior to site plan approval. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage areas must be specified and located in an area that will minimize the potential for run-off. The plans depict adequate snow storage areas. Lighting Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of - way. 5. The applicant shall submit exterior lighting details (cut -sheets) for any proposed lighting prior to site plan approval. Access/Circulation Access to the subject property is currently provided by a 36' wide curb -cut on Ethan Allen Drive and a 20' wide curb -cut on Commerce Avenue. No changes are proposed. Circulation on the site is adequate. Traffic Traffic impact fees were paid for the property at the time the lot was developed. Thus, no additional traffic impacts fees are required. Other 6. If necessary, the applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to issuance of a zoning permit. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\hopwood\siteplan addition.doc RECOMMENDATION Staff recommends that the Development Review Board deny Site Plan application #SP-05-14, as submitted. Respectfu ly-iF'omitted, rian Roberts , ; Associate Planner Copy to: James Howley CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VER1VIONT 05403 (802) 846-4106 FAX (802) 846-4101 April 13, 2005 Joseph & Sean Kelley P.O. Box 2391 South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy Mebonough Administrative Assistant Encl. tumiture FULL-SIZE IMPERIAL mattress, box spring and frame. New in 2003, used in guest room 10 times or less. Making room for new baby, must sell. New $500, will sell for $350/OBO. 241-3543. MONTEREY, CALIFORNIA, mis- sion -style four -drawer dresser. A real find! $225. 371-9423. MOVING SALE: Oak roll-top desk, pine bedroom set, sleigh bed/dresser, mirror and armoire chest, Gazette workout equip- ment, oak bunk bed. 434-8408. NEW LYNDON TABLE: Maple top, black wrought iron Queen Anne legs, 72 x 38. $1500 new. Best offer over $1000. 862- 7372. SOFA/LOVE SEAT SET: Oversized, Olive-green color, cor- douroy-esque material, very comfortable. Excellent condition. Asking $300. 999-9578 anytime. lost & found 14" IBOOK STOLEN FROM CAR it the Intervale, 3/31. Don't -are about Laptop, but please -eturn files via email, for gradu- ate thesis. feb2004.xls files. Set ap an account anonymously and ;end to gundiee@uvm.edu. ZONA WAS LAST SEEN at 2415 hompson's Point Rd. on 4/1 at r:45 a.m. Kona is very friendly )ut most importantly has a very ,peciaL diet and medical needs. 'tease, if you have seen him ince this time or find him call .rich, 238-8756. ,OST: MEWS WATCH on Shel- iurne/St. Paul near sidewalk. 'omewhere between Howard St. nd Flynn Ave. Black leather strap. 'lease contact 802-316-0776 or Dhnjmcmurry@yahoo.com. TAGE SPEAKER STANDS found ling in the road. Describe in etail and we'll get you and your ear back together. Tell your iends. Otherwise, look for these abies on e8ay. kozmikarL@ ol.com. music for sale 8TH ANNUAL National Guitar cnth sale: acoustic/electric uitars, basses, amplifiers, ffects. Up to 35-55% off MSRP rr entire month of April. Be usic, Rutland. 888-775-4030. ww.bemusicvt.com. ELLOS, STRING BASSES, VIO- INS, VIOLAS: New and old istruments, sales, restoration id repair. Experienced tuthiers. out Perley Cellos, in business nce 1988. 802-229-1501, perLeyce[Los@aoL.com. DMPUTER RECORDING SYS- EM: Power Mac G4, 800 MHz ngle processor, 768 GB RAM, 20TOOL.S DIGI 001 software and terface. Mouse and keyboard, monitor. Also includes tons of usic software and ptugins incl. Cason 2.5 and more. $900 takes L. Call 802-310-7456. IEMBE 25", COW HIDE HEAD /rope frets. Carved wood base, )mes w/African cloth belt and ldded carrying case. Ashiko, 3", cow hide drum head ULULA ll'LAVLL UICUTA SLI: All folds in to one case r Vtes. Some cymbals, thron ed- ats. $300. Call 863-9244. OVER 100 LP RECORD ALBUMS: Folk, country, rock, '60s, classical and just plain odd. Most in very good condi- tion. $30. Email for partial list. dalep@pshift.com. PIANO: 1931 Stroud Baby -Grand piano for sale to good home. $3000 + moving costs. Beauti- ful details, good sound. Some superficial damage to original finish. 802-999-7848. ► music instruct. CLAW HAMMER BANJO: Learn Appalachian style pickin' and strummin'. Emphasis on rhythm, musicality and technique. $25/hour. CaLL Mara, 862-3581. GUITAR: Berklee graduate with classical background offers les- sons in guitar, theory and ear training. Individualized, step-by- step approach. I enjoy teaching all ages/styles/levels. Call Rick Belford at 864-7195. PIANO AND/OR IMPROVISA- TION: Lessons in theory, harmo- ny and improvisation for all instrumentalists and vocalists. ALL ages! Beginning through advanced concepts taught with clarity and patience. Questions? Call Shane Hardiman, 279-8859, Winooski. hipkeys@lycos.com. PIANO LESSONS Classical, jazz and free improvisation. All ages, A levels. Exciting and encourag- ing approach. Can travel. William Michael, 802-899-6700 or 355-6234. ► Music services COSMIC HILL project recording studio. 30-years experience. $40/hour. Moretown. 496-3166. NORTHERN VERMONT MUSIC Protools Recording Studio, mas- tering services, remote record- ing. Special block rates. CD/DVD duplication. Songwriter demos. Backing tracks avail. Call 802- 744-6446 or http://www.north ernvermo ntm usic. co m. 0-ZONE STUDIO: Audio record- ing, mixing and mastering. 208 Flynn Ave., Studio 2B1, Burling- ton. 203-246-5124. ® musicians wanted BURLINGTON BAND CRITICAL MASS seeks experienced drum- mer for classic rock covers. Vocals a plus. Gigs already booked. CaLI Scott, 233-1279 or criticaLmassvt@yahoo.com. GUITARIST LOOKING FOR EXPERIENCED drums, bass and keys. Originals and vocals a big plus. Rock, jazz, groove improv, originals and favorite covers. Call 496-3166, before 5 p.m. SONGWRITER/GUITARIST look- ing to start acoustic/electric rock. Seeking drug/alcohol-free musicians of good musical range to play once a week. Have place to play. 318-1557. TECHNICAL/PROGRESSIVE METAL BAND in Burlington w/album of original material rnenoty, neattny, sense of humor. Pet only. Please, only inquiries from those with large parrot experience. Call 802-660- 4897 or blondemss@hotmail. com. Asking $1400. RED TAIL BOA FOR SALE! Beautiful snake. 6 feet long. Very good temperament. Includes tank, water bowl, heat- ing pad, feeding tank, tank Lin- ers. $200. 660-8714. SMALL RETIRED PONY: Good pasture mate. Not a kids' pony. Sweet, friendly, smart. 878-8598. ► photography FEMALE MODELS: 15-35, need- ed for fashion shoots and other projects. No experience needed but models must be attractive and in good shape. Compensa- tion in pictures, experience and possible start in modeling indus- try. Call David Russell Photogra- phy, 862-1172 for interview or email rustdp@juno.com. ► stuff wanted WANTED: Salon equipment. Looking for all-purpose chair, shampoo bowl, hair dryer, the works. 453-5723. WANTED: TWO -TICKETS TO NIN at the Orpheum in Boston, Thursday or Friday night. 893-1744. ► volunteers HELP A SENIOR LIVE INDE- PENDENTLY. The Champlain Valley Agency on Aging (CVAA) is seeking kind souls who can donate one hour per week to visit with a senior and/or assist with essential tasks such as gro- cery shopping or light house- keeping. Info, contact Brett or Tom, 800-642-5119. ORGANIC FARM/WILDERNESS Collective in California seeking volunteers w/backpacking expe- rience and agrarian interests. Accommodations and veggie food. www.witdernesscollec tive.com. WOMEN HELPING Battered Women needs your help! Women Helping Battered Women is cur- rently accepting applications for their May Volunteer Training. Opportunities range from work- ing directly with women and children to working "behind the scenes." Info, visit www.whbw. org or call 658-3131. ► want to buy ANTIQUES: Furniture, postcards, pottery, cameras, toys, medical tools, Lab glass, photographs, slide rules, license plates and silver. Anything unusual or unique. Cash paid. Call Dave at 802-859-8966. MODERN 50S AND 60S FURNI- TURE by Eames, Knoll, Herman Miller, Bertoia, Saarinen, Aalto, Bertoia, Fritz Hansen, etc. Sometime called "space-age" or "retro"' Also interested in pot- tery, ceramics and Lighting from this era. 864-9386. WANT TO BUY A SINGLE JOG - clerk. Looking for employment in Chitten, unty-area. Call Chris, b J2-9740. ► legals PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Halt Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, May 3, 2005, at 7:30 P.M. to consider the following: 1. Master plan application #MP- 05-01 and preliminary plat appli- cation for a planned unit devel- opment to subdivide 26.1 acres developed with two (2) single family dwellings into: 1) 17 sin- gle family Lots, and 2) a 3.34 acre lot to be developed with six (6) two (2) family dwellings, 1302-1350 Spear Street. 2. Application #VR-05-01 of Michael Hopwood for a variance from Section 3.06, Setbacks and Buffers, of the Land Develop- ment Regulations. Request is for permission to allow an addi- tion to an auto repair and serv- ice facility to project 17 feet into the required 30 foot front setback requirement, 63 Ethan Allen Dr. 3. Final plat application #SD-05- 28 of Provost Real Estate, LLC and Robert & Joyce Snyder for a planned unit development con- sisting of: 1) subdividing a 1.02 acre tot developed with a single family dwelling into two (2) tots of 0.27 acres and 0.75 acres, 2) subdividing a 0.50 acre lot developed with a single family dwelling into two (2) 0.25 acre lots, 3) combining the undevel- oped 0.25 acre Lot with the adjacent 0.75 acre tot to create a 1.0 acre lot, and 4) construct- ing two (2) two-family dwellings on the 1.0 acre tot, 10 & 14 Shunpike Road. 4. Preliminary plat application #SD-05-29 and final plat appli- cation #SD-05-30 of Anthony Basiliere for a planned unit development to subdivide a 0.26 acre parcel developed with two (2) single family dwellings into two (2) lots of 0.13 acres each, 21 & 23 Meadow Road. John Dinklage, Chairman South Burlington Development Review Board April 13, 2005 STATE OF VERMONT CHITTENDEN COUNTY, S.S CHITTENDEN SUPERIOR COURT DOCKET NO. 50207-05-CnC Mortgage Electronic Registration Systems Inc. as nominee for CTX Mortgage Company, L.L.C. Plaintiff Vermont 05401, an Answer to the Complaint in the above enti- tled action within forty-one (41) days of the first publication of this Summons, which is 3/30/05. The action is a com- plaint and foreclosure which alleges that you have breeched attempts of Promissory Note and Mortgage Deed dated January 17, 2002. Plaintiff's action may affect your interest in real property described in the land records in the City of South Burlington at Volume 463, Pages 1-3. The Complaint also seeks relief on the Promissory Note executed by you. A copy of the Complaint is on file and may be obtained at the Office of the Clerk of the Superior Court for the County of Chittenden, State of Vermont. It appearing from Affidavit duly filed in the above entitled action that service cannot be made with due diligence by any of the methods prescribed in V.R.C.P 4(d) through (f) inclu- sive, it is hereby ORDERED that service of the above process shall be made upon defendant Michael Brace by publication pursuant to V.C.R.P. 4(g). This Order shall be published once a week for three consecutive weeks on 3/30/05, 4/6/05 and 4/13/05 in the Seven Days. DATED at Burlington, Vermont this 21st day of March 2005. STATE OF VERMONT CHITTENDEN COUNTY, SS. Chittenden Superior Court Docket No. SOOOI-05 CnC Mortgage Electronic Registration Systems, Inc. As nominee for GMAC Mortgage Corporation: Plaintiff: VS. MICHAEL W. BRACE, USAA FEDERAL SAVINGS BANK AND OCCUPANTS residing at 5044 Spear Street, Shelburne, Vermont Defendants SUMMONS AND ORDER FOR PUB- LICATION TO THE ABOVE NAMED DEFEW DANT: You are hereby summoned and required to serve upon Mayer & Mayer, Plaintiffs attorneys, whose address is, P.O. Box 59, South Royalton, Vermont 05068, an answer to plaintiff's foreclo- sure action in the above matter, within forty-one (41) days after the date of the first publication of this Summons, which is April 6 2005. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Your answer must be filed with the Court. Unless the relief demanded in the Complaint is for damages covered by a Liabili- ty insurance policy under which the insurer has the right or obli- gation to conduct the defense, or unless has the right or obliga- tion to conduct the defense, or unless otherwise provided in Rule 13(a) your answer must state as a counterclaim any related claim which you may CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING MIKE HOPWOOD - 63 ETHAN ALLEN DRIVE SITE PLAN APPLICATION #SP-05-14 FINDINGS OF FACT AND DECISION Mike Hopwood, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved site plan for a 6,060 sq ft building used for auto sales, service and repair. The amendment consists of constructing a 2,240 square -foot addition, 63 Ethan Allen Drive. The Development Review Board held a public meeting on May 3, 2005. Jim Howley represented the applicant. Based on testimony provided at the above mentioned public meeting and the plans and supporting materials contained in the document file, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking site plan approval to amend a previously approved site plan for a 6,060 sq ft building used for auto sales, service and repair. The amendment consists of constructing a 2,240 square -foot addition, 63 Ethan Allen Drive. 2. The subject property is located in the Mixed Industrial & Commercial (IC) Zoning District. 3. The owner of record of the subject property is Mike Hopwood. 4. The plan submitted is entitled, "Hopwood Property So. Burlington Vermont Site Plan", prepared by Llewellyn -Howley, Inc., dated 10/25/04, last revised on 3/18/05. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements IC Zoning District tii Min. Lot Size quired 40,000 SF Proposed 1 48,877 S_F Max. Building Coverage J 40% 17.0% Max. Total Covers e 70% 54.0% 4 Max. Front Yard Coverage 30% 40%; 46% 4 Min. Front Setback r� 30 ft. 13.5 ft. Min. Side Setback _ 10 ft. _ 10 ft. Min_ Rear Setback _ 30 ft. N/A �l zoning compliance �. zoning non-compliance - 1 - SITE PLAN REVIEW STANDARDS Section 14.06 of the _South Burlington Land Development Regulations establishes the_ following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed addition will not accomplish a desirable transition from structure to structure or from structure to site, as it is proposed to be constructed within the front yard setback. According to Table 13-2 of the Land Development Regulations, an automobile and motorcycle sales, service, and repair facility requires two (2) parking spaces for every 1,000 square feet of gross floor area (GFA). Thus, the proposed 2,240 square feet of additional space will require five (5) additional parking spaces. The existing 6,060 square foot building requires twelve (12) parking spaces. Thus, a total of 17 parking spaces are required; 17 parking spaces are provided. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The majority of the parking spaces will be to the side of the subject building. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The maximum height of the proposed structure is 34', which is consistent with the development on surrounding properties. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. This requirement is being met through the proposed addition. (f) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. -2- The proposed addition does not relate harmoniously to the existing buildings in the vicinity, as it is proposed to encroach into the front yard setback that has been established for the subject zoning district. Site plan applications shall meet the following specific standards as set forth in Section_ 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land ►nay be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. It is not necessary to create access to the properties that abut the subject property. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans depict two (2) screened dumpsters on the northwesterly corner of the building (d) Landscaping and Screening Requirements Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $3,360 of landscaping. The applicant is not proposing any additional landscaping. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage areas must be specified and located in an area that will minimize the potential for run-off. The plans depict adequate snow storage areas. Lighting Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. Access/Circulation Access to the subject property is currently provided by a 36' wide curb -cut on Ethan Allen Drive and a 20' wide curb -cut on Commerce Avenue. No changes are proposed. -3- Circulation on the site is adequate. Traffic Traffic impact fees were paid for the property at the time the lot was developed. Thus, no additional traffic impacts fees are required. Motion by , seconded by to approve Site Plan Application #SP-05-14 of Mike Hopwood. Mark Behr — yea/nay/abstain/not present Chuck Bolton — yea/nay/abstain/not present Mark Boucher — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Larry Kupferman — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Motion failed by a vote of = — The site plan was denied because the variance for the addition setback encroachment has been denied, which means the site plan submitted can not be implemented. Signed this day of May 2005, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy: finality). BEI! i CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 29, 2005 Jim Howley Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202 N South Burlington, VT 05403 Re: 63 Ethan Allen Drive Dear Mr. Howley: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, May 3, 2005 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Bets cDonough Administrative Assistant Encl. 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 4, 2005 Jim Howley Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: Variance Application #VR-05-01 Dear Mr. Howley: Enclosed please find a copy of the Findings of Fact and Decision regarding the above mentioned project. If you have any questions, please give us a call. Sincerely, Betsy McDonough Administrative Assistant Encl. cc: Mike Hopwood 2. The applicant does not plan to increase the number of staff, nor does he anticipate an increase in the number of customer visits. The increased building area, however, would necessitate an increase in the number of designated parking spaces. The proposed total area calls for 17 parking spaces, one of them handicapped. The site plan shows the proposed deletions (due to the expansion) and new spaces. 3. The applicant also proposes to expand by five feet his paved storage area on the west and south sides of the developed portion of the site. The five-foot strips are shown on the site plan. He does not wish, however, to include the proposed western expansion in this application. That side of the paved storage area borders a wetland buffer and he first must obtain a Conditional Use Determination (CUD) from the State. He is presently working with a consulting wetland scientist and anticipates applying for the CUD in the near future. If he receives that he will seek approval from the City. He does wish to seek permission now for the five-foot wide paved area shown along the south edge of the storage yard. All other existing uses not discussed will be unchanged. c) Total building square footage on property (proposed buildings and existing buildings to remain) 6,060 s.f. existing building + 2,240 s.f. proposed structure d) Height of building & number Of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Height of existing building is 30 feet on the north side and 34 feet on the west side (lower ground), one story, with a mezzanine; no basement. Proposed addition would be approximately 20 feet high, with no upper floor and no basement. e) Number Of residential units (if applicable, new units and existing units to remain) Not applicable 0 Number of employees & company vehicles (existing and proposed, note office versus non -office employees) 9 employees, 2 company cars; no increases in either as a result of addition. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) The applicant endeavored to avoid a front setback encroachment by the structure. He considered, for example, one that was longer and narrower. There is, however, more than a two -foot difference in elevation between the ground at the midpoint of the building side and the north end. (Refer to the topography shown on the site plan.) The ground surface thus prevents one same -level structure (of similar area to the proposed) along the north side of the existing building. A 21 x 56-foot addition, 516 s.f., fitting within the setback boundary 8) LOT COVERAGE a) Building: Existing 12.4 % Proposed 17.0% b) Overall (building, parking, outside storage, etc): Existing 42.7 % Proposed 54.0% (< 40% allowable maximum) (limit = 70%) c) Front yard (along each street): Existing 346 feet frontage, 9,964 s.f. front yard on Ethan Allen Dr., w/ 3,290 s.f. pavement (33.0%), no structures 127 feet frontage, 3,758 s.f. front yard on Commerce Dr., w/ 954 s.f. pavement (25.4%), no structures Proposed same frontage and setback along Ethan Allen Dr. w/ 2,366 s.f. pavement (23.8%) and 924 s.f. building (9.3%) same frontage and setback along Commerce Dr. w/ 1,505 s.f. pavement (40.0%), no structures 9) COST ESTIMATES a) Building (including interior renovations) b) Landscaping: c) Other site improvements (please list with cost) 10) ESTIMATED TRAFFIC $112,000 No new landscaping proposed None proposed a) Average daily traffic for entire property (in and out): No increase in daily traffic due to new structure b) A.M. Peak hour for entire property (in and out): not applicable c) P.M. Peak hour for entire property (in and out): not applicable 11) PEAK HOURS OF OPERATION: no definitive peak, normal use: 8 am — 4 pm 12) PEAK DAYS OF OPERATION: week days (none more busy than others) 13) ESTIMATED PROJECT COMPLETION DATE: Fall 2005 3 14) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLIC NT/PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: ✓ I`OX�5 REVIEW AUTHORITY: VDevelopment Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: L/Complete j� ❑ Planning & Zoning or Designee ` Date 4 LLEWELLYN • F. .�NLEY I N C O R P O R A T E D 20 Kimball Ave., Ste. 202N South Burlington, Vermont 05403 (802) 658-2100 • FAX (802) 658-2882 JOB SHEET NO. OF_ CALCULATED BY DATE CHECKED BY DATE RrAI F l Permit Number SP-- APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Mike Hopwood The 4x4 Center 63 Ethan Allen Drive South Burlington, VT 05403 2) LOCATION OF LAST RECORDED DEED (Book and page #) Book 655 pate 624 3) APPLICANT (Name, mailing address, phone and fax #) Mike Hopwood The 4 x 4 Center 63 Ethan Allen Drive South Burlington, VT 05403 4) CONTACT PERSON (Name, mailing address, phone and fax #) Mike Hopwood 864-8565 phone 864-0464 fax 5) PROJECT STREET ADDRESS 63 Ethan Allen Drive, South Burlington, VT 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0435-00063C 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Land Rover repair and restoration in a one-story, metal -clad, commercial building, 6060 s.f. b) Proposed Uses on property (include description and size of each new use and existing uses to remain) Expand by five feet the pavement on the south side of the vehicle storage area. c) Total building square footage On property (proposed buildings and existing buildings to remain) 6,060 s.f. existing building; no proposed building expansion proposed at this time d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Height is 30 feet on the north side and 34 feet on the west side (lower ground), one story, with a mezzanine; no basement e) Number Of residential units (if applicable, new units and existing units to remain) Not applicable f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) 9 employees, 2 company cars; no increases in either as a result of pavement expansion. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) None 8) LOT COVERAGE a) Building: Existing 12.4 % Proposed Unchanged b) Overall (building, parking, outside storage, etc) Existing 40.1 % Proposed Unchanged c) Front yard (along each street) Existing 9) COST ESTIMATES a) Building (including interior renovations): b) Landscaping: 30 and 25.5 % Proposed Unchanged No building involved No new landscaping proposed c) Other site improvements (please list with cost): None proposed 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): No increase in daily traffic due to pavement expansion. 2 b) A.M. Peak hour for entire property (in and out): Not applicable c) P.M. Peak hour for entire property (in and out): Not applicable 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: no definitive peak, normal use: 8 am — 4 pm week days (none more busy than others) 13) ESTIMATED PROJECT COMPLETION DATE: Spring, 2005 14) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge L4A �R SIGNATURE OF APPL ANT/PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board &-ZU11ing I have reviewed this site plan application and find it to be: Complete IN Planning & Zoning or Designee 3 ENtI�rpp Yanllae Rim 2265 Uninp.n OlMpo.. d1 ®\ Sw \\\ 217A� \\ EbcNk Lanslormr I ®y \ - A.rwl-d .miler w.r m:n Tepna.e Ptdnta Nam 11D dro.i1 _ \ LOCUS LEGEND Prdp... d ExlnNng Piwelr liw �� Eostmml liM -----'-'-'- •►Ilald Linz Dow 2m. - - set— pedetel o cm—, S. NW, S.w' Y.H o Strom Se.e Y.H. slam $ew 1ae1 O Htdmt Gpl. W.e M Smrler s..e o..sm..taau•�rY.r-W Dble 5.par Ehxlrk--6-------- Owm.ad tH ->----- Yph , Go. �D •�• .••• - �•• rhpnal. .. � /.....-.......... ulmlr Pd. Sign T T cw to pr .' /� . Wtuminu. 1. ppwrrl.nt ROADWAY AM PA/bWG LOT W ES 1, N eo.. lIM M prebrwd b ocNdaxe eiM IpCalrypb lima Illt L1lrn1anl AOIe Staved spec6col(w M c.MINcfM aq w anroted mgiMetp am. ole spaKolina 2 s...o�nq aq lnl pib w r.carnlrmld to por6rm Mier [mdlnre aM o}p4.a. raod.q eecfiaa i the r.a0 6rnb aeb - M n rww a IM drowp [ul rot kY IMn a /apt a o5x PAVED ROADWAY/PARKING LOT SECTION N.T S.. TYPICAL Siege APPII Appmree . _...veal. ./)DAx Landscape Design Prepared W. C.naeptl6hmch Pbn ) q � Yo w .w awl pM wxw n/rLtt • .w.e�-1 .Iww Y w. r r rave. w .Kro. � • �• Pl.11minary ILI srx 1w� . w n/1401 • Ar se....x wl..ra rugs r s.Ar• ws )/1lAe ' i Ynunend ewamav®mwn R-1 PIM p die ewle WALy ) Ael acre w w rw.. l.0 ./Ibtb bpi exar'mi ACT 250 No. tt r Deb . M ltK W nM .11l pPIM LtAY/Dl CeMnuBon nba....r. n.a-.binbwun hb--mibled.W nNeee s .et waY/eM nor aeY+r aen M/tW1 Lap fuel storage ®,a.�.1em..w-.«.,.»..x,.:..,em ---aw.w..»bNla...r�..p -.. ETHAN ALLEN DRIVE i r, (;.w1oNw 'Vest...+lea9..Oo..., �1 s a..dlpO door /n..a•d. ° � I r� � w2dilq maahltd / soreenw Anrp.M (2) -- Ll.e n•trr 'fit ./Dawes Slgrl trm -- I _ Exbtmg eulldieg ttmOgt 03 Ethan Allen M. Erblirp mtchmkal G. _"- m cmaele Pad 1--pbehe - any .bfkv .30 o.gocm-h w t f• - i 1lbn.e 1e p.d - h.whm. ptd.eta - i 1 I x/T L_J RiwrM Aulao.dr Bl t tot 25l1 6 Nml CD �- Rem 221.93 Mr 2127 SW Rin 222.59 br 215.5 ca Rim 222.17 t v PE 2196 .ry RCP 260 .I_®.«..---- cs 222.09 Mr 211. M/T A.". P. a Star P. K. Lm 236 Ebclrk rra, 'b— CAN p•desla Eleebr I el APR 0 8 2005 NOTES City of So. Burlington t, o.n.r a Record R- I Mead P.o 0. 955J Sw lh &-,I- VT 05.01 2. APp1km1: Yie It, — The - Cmte 20 1AxelN A- ~- vT 05495 1 Z— Yie.d Yd.tldol/I:ohblY w a P b).cl 0t j.,t J Cbl al ..e to s.c plalr -1. R.pai/Sa.a. am.-o/ 1.445 ..t adkl ppr.mell 0 the odalkn of d hptfee a Arbordlw saehm 94 5. Cortroge: E.t.lilq Pact .A677 al. tons EM:l , B•Mhq 6,060 at 12..t EahlF. P..+meH 16.M, al. 3aix E.hIHq Toles Coreed 22,)91 al. 42.75 P.npasM Pacr eaa77 at ttwt ,.pond 8--9 6,060 at 12.4t (.nchmptd) Pm~ Po melt 17.011 al. uM PYwo.M Tote C, eed 21478 at 41M E.blhq rant Ymd (Elhm Aim W.) 9,96. aL loot E.i.lip Cow.d Aboh ~ &• .) 2,969 al. 3a OX (.nchonfMd) E.01inq Fmt Yord (Commece A—) AM aL loox E.w .q Co xr d (Corr.wc.'—) 1037 al. 27.6x 5, Eabliq prwelr Ilne ihfb-lien, lglogrophyA eeYtih9 bah- 1A1derg,-h0 .[Jilin, wllord drintolkn oM .00d ,b rra.notim I— Nan plop entitbd Than A.m rent 4q..Niol S.pe'.isim, Rr,. 1 Geed Lol )7, Topographic site t - by Lomar... t Dk-00h, MIW 6/13/01 b.l r.watd 9-.-01 GRAPHIC SCALE %2 N LLEWELLYN - HOWLEY x' i'iOPWOOD PROPERTIF— o 2m .g 6m �` INCORPORATED L�_� l * � i gorm aedbglan vmmm D„-tm2sro5 _ W E - ConauNhtg 8ervlcox Engln•e1in9 PormINMS Dlewn p IUL r'r 20 N11n6a11 Aw Std. 2D2N i {802)85&2882 F~3 t' ff�lr Site Plan °in`'°P 20m!°21100 1 inch = 20 ft. S % South SurDtlgton ss+rod T (802) s- „' . / l I t t Yo.mont G5603 h"PJlvry Jhln .rlpt-'l�.rP�_� aheev I } A 575 DORSET STREET SOUTH BURLINGTON, `JERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 14, 2005 Mike Hopwood 63 Ethan Allen Drive South Burlington, VT 05403 Re: Pavement Expansion Dear Mr. Hopwood: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the Administrative Officer on April 14, 2005 (effective April 14, 2005). Please note the conditions of approval, including that the applicant shall obtain a zoning permit within six (6) months of this approval or this approval is null and void. If you have any questions, please contact me. Sincer , R d Belair Administrative Officer Encl. State of Vermont ENVIRONMENTAL BOARD DISTRICT 44 ENVIRONMENTAL COMMISSION 111 West Street • Essex Junction • Vermont • 05452 T/ 802.879.5614 • F/ 802.879.3871 http://www.state.vt.us/envboard NOTICE OF ALLEGED VIOLATION ("NOAV") 10 V.S.A. SECTION 8006(b) Certified Mail Return Receipt Requested Investigation Date: November 17, 2004 Complaint: #4C0643-22A Municipality: South Burlington Alleged Violator (Respondent): Name: Mike Hopwood Address: 63 Ethan Allan Drive South Burlington, VT 05403 You are hereby put on notice that the Environmental Board believes that you are in violation of the following Vermont Statutes, Environmental Board Rules and Permit: 10 V.S.A., Chapter 151 (Act 250) and Land Use Permit (LUP) # 4CO643-22A 2. Assurance of Discontinuance Docket #66-4-04 Vtec Description of Alleged Violation: Respondents have parked cars in excess of Conditions #3 and #10 and outside of areas depicted on Exhibit #13 in LUP #4C0643-22A. 2. Respondents have not installed chainlink fence with screening stripes as depicted on Exhibit #13 and in violation of Condition #3 in LUP #4C0643-22A. 3. Respondents have mowed lawn in 50-feet wetland buffer in violation of Condition #15 in LUP #4C0643-22A and Condition #B of AOD. Compliance directive: Immediately remove all vehicles from non -designated parking spots. Notice of Alleged Violation - 4 X 4 Center Page 2 November 24, 2004 2. Propose method(s) to prevent accidental mowing of the 50-foot wetland buffer within 30 days of receipt of this letter. Documentation shall be copied to the District #4 Coordinator and the Wetlands Program of the Agency of Natural Resources. Provide documentation that landscaping personnel have been advised that mowing is not allowed within the 50-foot wetland buffer. Documentation shall be copied to the District #4 Coordinator and the Wetlands Program of the Agency of Natural Resources. 4. Install chain link fence to screen stored vehicles within 30 days of receipt of this letter or immediately apply for an amendment to screen the stored vehicles in a matter that is in conformance with the City of South Burlington guidelines. In response to the alleged violation, the Environmental Board may, pursuant to its authority under 10 V.S.A., Chapter 201, proceed with an enforcement action, including but not necessarily limited to, an Administrative Enforcement Order (AO). The AO would require full compliance with all applicable statutes and regulations, assess penalties and, if necessary, require corrective/restorative action. Prompt correction of the alleged violation may lessen the likelihood, or severity, of any enforcement action taken by the Environmental Board. If you have any questions, you should call Peter E. Keibel, District #4 Coordinator, at (802) 879- 5658. We request a written response within 10 days of receipt of this NOAV, which sets forth the reasons for the existence of the alleged violation and your intentions with respect to prompt correction. Our mailing address is at the top of this Notice. This Notice of Alleged Violation was served on the above -designated alleged violator by certified mail. Dated: November 24, 2004 Official: Peter E. Keibel, ' istrict #4 Coordinator cc: Tom Walsh, Esq., Associate General Counsel April Moutaert, Water Quality Division Ted Cantwell, EEO Ray Belair, City of South Burlington W:\Act250\DIST4\ENFORCEMENT\4C0643\4C0643-22A NOAV.wpd Permit Number SP- 6) T - �y APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Mike Hopwood The 4x4 Center 63 Ethan Allen Drive South Burlington, VT 05403 2) LOCATION OF LAST RECORDED DEED (Book and page #) Book 655 page 624 3) APPLICANT (Name, mailing address, phone and fax #) Mike Hopwood The 4 x 4 Center 63 Ethan Allen Drive South Burlington, VT 05403 4) CONTACT PERSON (Name, mailing address, phone and fax #) Mike Hopwood 864-8565 phone 864-0464 fax 5) PROJECT STREET ADDRESS 63 Ethan Allen Drive, South Burlington, VT 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0435-00063C 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Land Rover repair and restoration in a one-story, metal -clad, commercial building, 6060 s.f. b) Proposed Uses on property (include description and size of each new use and existing uses to remain) Install a 4 x 12-foot concrete pad, and place two 400-gallon storage tanks on it, with discharge piping from the interior of the building to the tanks. Tanks will store waste oil and waste antifreeze. Certified transporter will periodically arrive to pump out contents and haul to authorized recycle or disposal sites. c) Total building square footage on property (proposed buildings and existing buildings to remain) 6,060 s.f. existing building; no proposed building expansion proposed at this time d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Height is 30 feet on the north side and 34 feet on the west side (lower ground), one story, with a mezzanine; no basement e) Number of residential units (if applicable, new units and existing units to remain) Not applicable f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) 9 employees, 2 company cars; no increases in either as a result of storage tanks use. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) None 8) LOT COVERAGE a) Building: Existing 12.4 % Proposed Unchanged b) Overall (building, parking, outside storage, etc) Existing 40.1 % Proposed Unchanged c) Front yard (along each street) Existing 30 and 25.5 % Proposed Unchanged 9) COST ESTIMATES a) Building (including interior renovations): b) Landscaping: c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC No building involved No new landscaping proposed None proposed a) Average daily traffic for entire property (in and out): No increase in daily traffic due to use of tanks Not applicable 2 b) A.M. Peak hour for entire property (in and out): Not applicable c) P.M. Peak hour for entire property (in and out): Not applicable 11) PEAK HOURS OF OPERATION: no definitive peak, normal use: 8 am — 4 pm 12) PEAK DAYS OF OPERATION: week days (none more busy than others) 13) ESTIMATED PROJECT COMPLETION DATE: Fall, 2004 14) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). I hereby certify that all the information requested as part of this ap lication has been submitted and is accurate to the best of my knowledge. kv, SIGNATURE OF PLI ANT/PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date K3 LLEWELLYN - HOWLEY I N C O R P O R A T E D October 4, 2004 Mr. Ray Belair Administrative Officer City of South Burlington 575 Dorset St. South Burlington, VT 05403 Re: 63 Ethan Allen Drive, Mike Hopwood Dear Ray: Enclosed is a Site Plan Application for approval of two outdoor liquid storage tanks. The plan shows the proposed location as being on the south side of the building, next to an existing HVAC mechanical equipment pad. The proposed concrete pad would be approximately 12 x 6 feet, on which would rest two 450 gallon storage tanks. Waste vehicle oil and antifreeze would be stored in the tanks, to be pumped out by a certified hauler approximately monthly. No roof or other structure is proposed. Roof protection from rain or snow is not needed; a roof would actually be a hindrance to the pump out equipment used by Mr. Hopwood's contractor. We do not believe that screening is warranted, due to the proposed location of the tanks. Passersby would only see it briefly, for about 50 feet of travel, from one public location, Commerce Ave., 60 feet away —and only if they turn 90 degrees to their direction of travel. To the west is private land for 250 yards. The commercial building immediately south of the site is a two-story structure with no windows facing the tanks' location. Mike asks if you could handle this approval administratively, rather than bringing it to the Design Review Board. He also wonders if this review/approval process must await the conclusion of the process currently underway for final approval of the sandblasting tent. I opined that the review of this request did not depend on the timetable of the other. Please contact me if you disagree. Very truly yours, '4 Ales Howley, Pt. Cc: Mike Hopwood Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington - Vermont - 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ihinc@lhinc.net www.lhinc.net \ +2 `\ \ 03 LOCUS I LEGEND 10" Side vnanrtr it.. .� I J \ &dr., Zon. r r B.ww S.Mea. 1` \ + 00 —fy_ ------ ny__-___ \ I 1 PYde.td e \ \ I s.mary srw K.R. •% st.w s aw am �c'1 _wee. \LtAe l N1amt lx GO. Lan. swdeoy Ss.r \ \ � Sturm s.w \. Rppw.� 11bKr 94+p1y -+- — -� w— — \ 7 Ovk .b. Ar6..U. � Cu \ tRIAy PW � \ Sion 75a.oerlml hr -rely \ \k oot ro arose. 4- a woo.ba.. 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P d—j r _ ! r 05,11 D, i+ RI,.r.1U M�� IImF RECEIVE® OCT 0 5 20104 City of So. Burlington R.be trb -A b bddM n6m 4.e n.,..0 df a .. K+.rA G.&k Ila..bmw { S CAN p.d..td ..r { i a.eeb T...I.— I { 9 rdepa— f*" I I i { l I NOTES 1. 0— Of Revd: Ra. A 8..d P.O. 0- am �Kspoe�lAB.**^ Yr ow;, 2 APPRe.rft op M. dxd .W 20 At." A- NW.brp yr 054d8 J Z..S ~ bd..&M,10 .—del 4. Pln)nat D.salylk. 0..2. d u.. to Y Auto Rgoi/sd.a am.bueebn d 1,445 a7. addlbrM p..rnlmt arfd M. addfbn d Harp— sd Arow.ta. .v.rdq Q. t—ow s Parcel 4t1e77 at 10ox ,MOq Aadwo COW at. /z4[ EdsHnd Pnw.r,t 16M8 .t JQ38 E+MrD Told te.r.d 20.878 at 4272P P.cpawd Pbod 4Q877 &F. 10M (uld w,psd) t '6-M at AJE(maawr0.d) HaPa..d Tdd C..r.d 2Z321 .t 4Q7x EsW.lp Fimt Ywd (EMw A RM) 069" at. 10M E+Mtb2 Cwv.d (Etta. ANw OM) L288 &F. JQOi ( %wq.d) ExWv Frmt flad (Ce...wc. A —a) 47M at 100i E..ft tb,ar.d (C— A. ) 1Q3/ at 27AX Road bb—ff. tabu waiwn -EMm AEm Fwr.. MrbM SBddda.. 8aos A BwWA n Tapevwi* 9N M.- AY L— ! MW— doW 443J' 7 1-t nW d 8-4-M ta.+. Al.rea.d • .w d.r4w.n lat4s Dwdgn • mpw" Br P� now" SCMX LLEWELLYN-HOWLEY —HOPWOOD PROPERTY s ► fa s /o M INCORPORATED �.,...r,.4.rrw.w era rrAAm ww�o..v®w«-AMMEMEa^eMeMrm Parmiltine conwmna s.swrc: ~� W era..4F an O aI14,b 4..a1 rAlatrat w r,xv.. 2a.ImbeX Ave. SIe.2a2. F (.02J a.i28.2 MAW% BsuMaudi.9ton T (m2,.eG2tW Site Plan e.l.e.w.e �...r.+w. wr..rr....r f �...r.wnr.r.....r "-""""'" Nth 141d1. ZII R vem.m as..a ..far;.ww.xnaa.,en fS,..t e REDUCED CITY OF SOUTH BURLINGTON DEPARTMEl'>)1`I` OF PI,ANN tl NG & ZON NG 575 DORSET STREET SOUTH BURLINGTON, VERIVIONT 05403 (802) 546-4106 FAY (802) 546-4101 September 27, 2004 Mike Hopwood The 4x4 Center 63 Ethan Allen Drive South Burlington, VT 05403 Re: Site Plan Approval — Accessory Structure Dear Mr. Hopwood: Enclosed, please find a copy of the Findings of Fact and Decision regarding the above referenced project dated 9/24//04. Please note the conditions of approval including the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please let me know. Sincerely, Raymor sJ: aBei'air "-Administrative Offit-er Permit Number SP- W. -_� APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Mike Hopwood The 4x4 tenter 63 Ethan Allen Drive South Burlington, VT 05403 864-8565 phone 2) LOCATION OF LAST RECORDED DEED (Book and page #) Book 655 page 624 3) APPLICANT (Name, mailing address, phone and fax #) Mike Hopwood The 4 x 4 Cernter 63 Ethan Allen Drive South Burlington, VT 05403 4) CONTACT PERSON (Name, mailing address, phone and fax #) 864-0464 fax James Howley Llewellyn -Howley Inc 20 Kimball Avenue, Ste. 202N South Burlington, VT 05403 658-2100 phone 658-2882 fax 5) PROJECT STREET ADDRESS 63 Ethan Allen Drive, South Burlington, VT 6) TAX PARCEL. ID # (can be obtained at Assessor's Office) 0435-00063C: 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Land Rover repair and restoration in a one-story, metal -clad, commercial building, 6060 s.f. LLEWELLYN • HOWLEY I N C O R P O R A T E D i b) Proposed Uses on property (include description and size of each new use and existing uses to remain) A 25-foot x 15-foot tent, approximately 10 feet high and shaped as an inverted "U." Located on existing pavement as shown on accompanying site plan, for occasional media -blasting of rust off Land Rovers being restored. The tent's tubular frame is secured to 8-inch x 8-inch timbers that extend the full length of the tent on each side. The timbers are not secured to the pavement. When in use the entire tent is closed. The inert, abrasive media is captured, filtered and recycled. The only waste product is the ash -like abraded rust, which is non -hazardous waste and can be simply landfilled with other commercial trash. c) Total building square footage on property (proposed buildings and existing buildings to remain) 6,060 s.f. existing building; no proposed building expansion proposed at this time d) Height Of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Height is 30 feet on the north side and 34 feet on the west side (lower ground), one story, with a mezzanine; no basement e) Number of residential units (if applicable, new units and existing units to remain) Not applicable f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) 9 employees, 2 company cars; no increases in either as a result of tent use. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 8) LOT COVERAGE a) Building: Existing 12.4 % Proposed Unchanged b) Overall (building, parking, outside storage, etc) Existing 40.1 % Proposed Unchanged c) Front yard (along each street) Existing 9) COST ESTIMATES a) Building (including interior renovations) b) Landscaping: 30 and 25.5 % Proposed Unchanged No building involved No new landscaping proposed c) Other site improvements (please list with cost): None proposed LLEWELLYN - HOWLEY 2/ I N C O R P O R A T E D 4' J 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): No increase in traffic due to tent — Not applicable b) A.M. Peak hour for entire property (in and out): Not applicable c) P.M. Peak hour for entire property (in and out): Not applicable 11) PEAK HOURS OF OPERATION: no definitive peak, normal use: 8 am — 4 pm 12) PEAK DAYS OF OPERATION: week days (none more busy than others) 13) ESTIMATED PROJECT COMPLETION DATE: September 4, 2004 14) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Attached SIGNATURE OF APPLICANT/PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date LLEWELLYN • HOWLEY 3/ I N C O R P O R A T E D '4' I hereby certify that all the information requested as part of this, application has been submitted and is accurate to the best of my knowledge. SIGNATUREIOF APPLI SIGNATURE OF P11OPERTY OWNER Do not write below this line DATE OF SUBMISSION: -- REVIEW AUTHORITY: Development Review Board ector, Planning & Zoni I have reviewed this site plan application and find it to be: bComplet y LLEWELLYN-HOWLEY INC. LETTER OF TRANSMITTAL 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Phone: 802-658-2100 Fax: 802-658-2882 _ _@lhinc.net To: Date: Project: IF CHECKED PLEASE: Acknowledge receipt of enclosures _ Return enclosures to us WE ARE SENDING TO YOU / Herewith Under separate cover _ In accordance with your request FOR YOUR: Approval Review and Comment 1 Use Information THE FOLLOWING: Drawings Submittals _ Specifications Report Copies Date Number Description COMMENTS If enclosures are not as noted, please notify us at once A�— - 4vw�� CopyVto: 0� c 1�1roi� By: 0EPA13,'i TENT 'O F PLANNING ,,& ZONING 575 EORSET STREET SOL-711 BURLINGTON, VERMONT 05403 (802) 346-4106 EA1C (802) 346-4101 July 21, 2004 James Howley Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: Minutes — 63 Ethan Allen Drive Dear Mr. Howley: Enclosed, please find a copy of the minutes from the June 15, 2004 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, V Betsy McDonough Administrative Assistant Encl. DEVELOPMENT REVIEW BOARD 15 JUNE 2004 This is the same property as the previous application. Lot 41 is 11.7 acres. The plan would be to extend the private road to serve 2 more lots. Two of the houses would be in the restricted zone, but they are much lower than the road, so they would not be visible. The homes would all be single family, and the Association would maintain the road. All the wetlands and buffers would stay on Lot # 1. Mr. Boucher said he would like to an access to the south to access a future development. Mr. McClellan said they could do that. Mr. Anderson said he has been told the owner will sell the development rights to that property and a granddaughter will use it as a horse farm. Mr. Boucher suggested invoking technical review to get an opinion on the impact of crossing the wetlands. He stressed the need for interconnected neighborhoods. A resident of the area said that if Kendrick becomes a conduit, they would back to the Board for traffic calming. He didn't feel a connection will make sense there. Ms. Kupersmith suggested continuing to 20 July to hear from Kathy O'Brien on the wetland. Mr. Kupferman moved to continue #SD-04-06 until 20 July. Ms. Quimby seconded. Motion passed unanimously. 3. Site Plan application #SP-04-19 of Mike Hopwood to amend a previously approved site plan for a 6,000 sq. ft. building used for auto sales, service and repair. The amendment consists of a site modification for outdoor storage of vehicles under repair, 63 Ethan Allen Drive: Mr. Howley said Mr. Hopwood is owner of the property. Mr. Hopwood explained that a few months ago he got administrative approval for the project. This will be a Range Rover repair business now located in Williston. He showed photos of it with 3 autos parked in front. The administrative approval had 2 rows of arborvitae and a fenced grillwork to hide stored vehicles. They were told by the State Wetlands Ecologist that putting in arborvitae in a wetland buffer is not OK and they had to take it out. They did put in a row, of arborvitae close to the pavement. Mr. Hopwood is also reluctant about a fence for screening because of the cost. They are requesting a single row of vegetation and no fence. Mr. Belair was concerned with the condition of the cars being seen from the road. Mr. Hopwood said the vehicles may be there several months and will be moved around the lot. Fencing could get in the way of that. -6- DEVELOPMENT REVIEW BOARD 15 JUNE 2004 Mr. Belair reminded members that this approval is for a generic auto repair business, not just this one. The Board would have no control if the business were to change to different auto repair business. Mr. Boucher said he was OK with fewer arborvitae. Mr. Kupferman had not problem approving it without a fence. Mr. Bolton had no problem with this owner, but didn't know how to prevent a problem with a future owner that can't be anticipated. Members agreed to delete stipulations 2a and 2c and to add a condition requiring a 3-year landscaping bond in an amount to be determined prior to permit issuance. Mr. Kupferman moved to approve Site Plan Application #SP-04-19 of Mike Hopwood subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. 9. Site Plan Application #SP-04-20 of Pat and Terese Ayer to amend a previously approved plan for a 9,868 sq. ft. mixed use building consisting of auto repair and service use and automobile rental. The amendment consists of: 1) eliminating auto rental use, 2) expanding auto service and repair use within the building to 9,668 sq. ft., 3) 200 sq. ft. of general office use, and 4) adding 11,200 cubic yards of fill to expand parking area, 4 Berard Drive Mr. Ayer said they need a CO. Mr. Belair said this hearing is to correct a zoning violations so they can get a CO. It is basically an as -built filling plan with some use changes in the building. Ms. Quimby moved to approve site plan #SP-04-20 of Pat & Terese Ayer subject to the stipulations in the draft motion. Mr. Bolton seconded. Motion passed unanimously. 10. Sketch plan application #SD-04-39 of Wesco, Inc., for a planned unit development consisting of. 1) razing an existing service station with convenience store facility, 2) constructing an 1,894 sq. ft. convenience store, 3) constructing a 24'x50' canopy, and 3) replacing two gas pumps with four fueling positions (service station use), 1041 Shelburne Road: Mr. Belair said that earlier today, the applicant requested a continuance. Later, they said they would come in. Apparently they decided not to come. -7- CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 21, 2004 James Howley Llewellyn — Howley, Inc. 20 Kimball Avenue, Ste 202N South Burlington, VT 05403 Re: Site Plan Application #SP-04-19 Dear Mr. Howley: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on 6/15/04 (effective 6/17/04). Please note the conditions of approval, including that the applicant shall obtain a zoning permit within six (6) months of this approval or this approval is null and void. If you have any questions, please contact me. Sincerely, ` s� Betsy Mc onough Administrative Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: June 8, 2004 ldrblsiAhopwoodlsiteplan.doc Application received: May 6, 2004 SITE PLAN APPLICATION #SP-04-19 HOPWOOD — 63 ETHAN ALLEN DRIVE Agenda #8 ....Meeting date: June 15, 2004 OwnerlApplicant Mike Hopwood 20 Marshall Avenue, Unit G Williston, VT 05495 Engineer Property Information James Howley Tax Parcel 0435-00063-C Llewellyn -Howley, Inc. Mixed Industrial & Commercial (IC) District; 20 Kimball Avenue, Suite 202N 48,877 square feet S. Burlington, VT 05403 Location Map w, t ...:..:. i ..ram. 0 �n U ,e f CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\hoowood\site lan.doc Mike Hopwood, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved site plan for a 6,000 sq ft building used for auto sales, service and repair. The amendment consists of a site modification for outdoor storage of vehicles under repair, 63 Ethan Allen Drive. The applicant received administrative approval for the subject property on January 81h, 2004. The decision for that approval is attached. Associate Planner Brian Robertson and Administrative Officer Raymond Belair, referred to herein as Staff, have reviewed the plans and have the following comments. - ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Reouirements IC Zoning District Required Proposed 1 Min. Lot Size 40,000 SF 48,877 SF_ Max. BuildingCoverage 40% 12.4% Max. Total Coverage 70% 40.1 % Max. Front Yard Coverage 30% 30%; 25.5% Min. Front Setback 30 ft. 52 ft. Min. Side Setback 10 ft. N/A ♦ Min. Rear Setback 30 ft. _ 15 ft. zoning compliance ♦ preexisting non-compliance SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement and adequate parking areas. The 6,060 square foot building is existing. According to Table 13-2 of the Land Development Regulations, an automobile and motorcycle sales, service, and repair facility requires two (2) parking spaces for every 1,000 square feet of gross floor area (GFA). The existing 6,060 square foot building will require twelve (12) parking spaces. Twelve (12) parking spaces are provided. Pursuant to Table 13-7 of the Land Development Regulations, the subject property will require one (1) handicapped -accessible parking space, which is provided. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\hopwood\siteplan doc Parking for customers and employees is existing and is located along the two (2) front sides of the building. No change is proposed for these spaces. Parking for vehicles to be repaired is proposed to the westerly side of the building. The plans that received administrative approval on January 8, 2004 included a 6' high chain -link fence with screening strips to screen the vehicles to be stored on the property for long-term repair. This fence and screening has been eliminated as part of this application. In addition, the administrative approval included a vegetative buffer along the westerly property boundary. This hedge was located in a Class II wetland buffer and the applicant did not receive a CUD from the State. The applicant has received State approval to plant the landscaping shown on these plans. 1. The plans shall be revised to depict a 6' high opaque fence screening the long-term storage area on the westerly side of the building, prior to issuance of a zoning permit. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The maximum height of the existing building is 34', which is consistent with the development on surrounding properties. (co Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 2. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Staff recommends that the Development Review Board require the applicant to install a 6' high opaque fencing to screen the vehicles being stored on the property. (tJ Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The existing building is consistent with the terrain and the surrounding buildings in the area. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to create access to the properties that abut the subject property. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\hopwood\siteplan doc (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The applicant is proposing two (2) dumpsters on the northwesterly corner of the building. 3. The plans shall be revised to indicate that the two (2) proposed dumpsters will be enclosed with opaque fencing, prior to issuance of the zoning permit. (d) Landscaping and Screening Requirements Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $225 of landscaping. The application states that $1,200 of landscaping will be provided. This landscaping is proposed to consist of 7 Dark American Arborvitae. The last administrative approval of the property included a row of 15 Dark American Arborvitae. Staff doesn't feel that 7 of these trees will provide comparable screening. 4. The plans shall be revised to include a minimum of 15 Dark American Arborvitae along the westerly pavement edge, prior to issuance of a zoning permit. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage areas must be specified and located in an area that will minimize the potential for run-off. The plans do not depict proposed snow storage areas. 5. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall be revised to clearly depict the proposed snow storage areas, prior to issuance of a zoning permit. Lighting Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of - way. The applicant is not proposing any changes. Access/Circulation Access to the subject property is currently provided by a 36' wide curb -cut on Ethan Allen drive and a 20' wide curb -cut on Commerce Avenue. No changes are proposed. Circulation on the site is adequate. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sit\ho wood\site lan.doc Traffic Traffic impact fees were paid for the property at the time the lot was developed. Thus, no additional traffic impacts fees are required. Other 6. If necessary, the applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hoover, prior to issuance of a zoning permit. RECOMMENDATION Staff recommends that the Development Review Board approve Site Plan application #SP-04-19, conditional upon the applicant addressing the numbered items in the "Comments" section of this document. Respectfully submitted, Brian Robertson, Associate Planner Copy to: James Howley APPLICATION FOR SITE PLAN REVIEW Permit Number SP- May 2004 Applicant and property owner: Mike Hopwood Site address: 63 Ethan Allen Drive Attachment 1 re: 7) g) Project Description — Other Pertinent Information Administrative Officer Ray Belair issued an administrative approval of this project in January. That approval was based on a site plan that included screened fencing in the paved area and vegetative screening within a Class 2 wetland's 50-foot buffer zone to the immediate west to the site. The two screening types would prevent views of the "long- term storage" area —shown on the Site plan —from Ethan Allen Drive. The buffer zone extends to the pavement edge. The vegetative screening in the buffer zone on the original plan approved by Mr. Belair was more extensive than that shown on the current plan. Later in the winter the State of Vermont determined that it would not grant a Conditional Use Determination (CUD) for the planting of the vegetative screening in the buffer zone. At first the decision meant that no new vegetation at all would be allowed. Eventually, the State agreed to allow the vegetation now shown on the current plan. But this more limited screening did not completely block the view of the long-term storage area from the northwest on Ethan Allen Drive. In addition, Mr. Hopwood was becoming uncomfortable with a proposed screening fence that Mr. Belair had required. The significant part of the fencing would be installed in an east -west orientation, between the long-term storage area and the entrance/exit drive off Ethan Allen Drive. It would block the view of the long-term storage area through that open drive from passersby on Ethan Allen Drive. The fence would present snowplowing difficulties, for example, and would be costly to install. The applicant asked Mr. Belair to allow elimination of the screening fence. Mr. Belair was opposed to eliminating that screening, and informed the applicant that such a request would have to go to the Design Review Board. The accompanying photographs were taken this spring from Ethan Allen Drive, from locations marked 1 to 8 on the Site Plan. The row of vegetative screening has not yet been planted in the buffer zone at the pavement's edge. Photographs 7 and 8 have been touched up to show proposed new vegetation —also shown on the Site Plan —north of the northwest corner of the building. This "additional vegetation" will provide more screening of views from westbound passersby. The entire grassed area west of the drive entrance is the wetland buffer, including the City ROW, and therefore no new vegetation is allowed. Mr. Hopwood's business practice will not result in the storage of unsightly vehicles in either the long- or short-term storage areas. He is prepared to describe his business practice in detail with the Design Review Board. He requests that the DRB approve his application without a requirement for fenced screening of the long-term storage area. LLEWELLYN - HOWLEY Page IofI INCORPORATED F�� awivn.•�- - , Ch - ,ry �M7^"�g11g,� '4 4 iY WNP F �- v, A "'tl A.• f ,y_ � � ii. INIII r3 ♦ '0'kh'• W AF AMW Hopwood • 5 va � Plan • 1/ 1 t _m�sti=.sew "v 63 Allen . Drive � t ��aJ� �" ate` ,,, o- ^ w ��,ro..,. No Text n LOCUS LEGEND Proposer Existing PmPsty the EONment Lb. ---------- wav-1 LW( "ddhg sefbock - - cmeam----�----- Psdsetd n U—I S o,y Seger Y.H. Stain Serer M.H. state swa bast o H,d-f v Cote MAve N Smftay M-..- Starm %fer SwWy --r---fir-- F7aantoPoss o..rfa Ilia -r------ NafW (m --a------ TalapAme lunhaFe *� maty rota p SIM T r List to provae 4- TIP. 0 bftumhoue vets p--t ROADWAY AND PARKING LOT NOTES # f Ms Wmatf SWf�Sfmdad $acfloafMa Tar food sd M. masted .tpnw+tg Wean ad epetlFaaaar S 2. SN naNgs ad t s Wts as temrtmndad to cmM1m daayt awtasm. me mlAkme mad.sy .eaHr. S Wv rood gods anotl Ds as shown m Me d+rtq Dvt eat _ lag,rt . a roq d 0.5a g a PAVED ROADWAY/PARKING LOT SECTION 0 EWthg Medmb Rht M." SAW Rho 1 My 217.474 Aaw-I .M-y TdWI- PMwtd inn LAD &saMgs paetrk 71-ft lw I w--------- rx,._--_.---------r_--I/ - .N��--__... ETHANALLENOR/VE rr -----.,---------------a-------- m Addlbnd afwrdtor EaMtip u,pn4rt;r yDaRrrr PraPoasd rarp.ta. (2) � egd.a }�d� loss to"I tlu�n'Wu`.d) epter .d door Lap Ynn Snort term EWthg dad to bs ramowd at-"aforaga Exbttng BuM*op ala 67 Ettun All.. Dr. F.vGting�madwnfad __ Doe Mats _...4. -FxHfhp Tor b M Pmad -___ to Aad iaMpnase-�`\ �It ---------k_-----�_------ _ -_____- - � Ok ratl� \ ---- « I \ u ---------- ---------- - �r N \\ i RfNtsIueabady taw s uam Hatt of fair ya 0sod `'. Lae /Jr; wn 218 \ RECEIVED MAY p 6 'Joni City of So. Burlington N. T.S. TYPICAL of aYae Aprewi 4 Ar rarn..y 4/>y01 Landscape Design Prepared or s r a AY..d AaadM • a.e .. r...+ .v+na GRAPHIC SCALE tYMr N era sr tw artr gnywp /sae ^b®a �s. al 0 10 al 40 1 OOLLwe su+wraA war n/rW .' .. ew t.�. #v' •w:l ,qQ 0 oVsgars WAO�o "os. Reran wa R.arN rra Norbi 1 inch m 20 R. a..r.eaan.......+aa,..�r.w..rr.....ae�a.. m^ �v�aLL`(bf6eL -sr-- --.-Im-- / ca Rbn 222M 09.4 N/F .,� I Jeemn P. A Ssm P. xdy Lot doe �LObacmi Poted---- ev..-U.-N. I I 1 Eworrs i-YAensr w IJ, , CAN psdrd r(� - �—" - -- r-o ) I I , I ' I I Elaalrb i/-rsbm- r 1 Tdepoms PsdNto , I L I NOTES 1. 0-e- of Reasd: Rana ,L Band Ra 6- 9333 S- 8a0g6m, W 05e07 2 Appn-t: Mks Hopwood ,pa U4 Cater W YanOd Ate. NEW- K 05495 S Zonad: rhsd sWustrkf/C--fd 4. PMI&O Dswptlan: ChwW of � to SPe Wty Auto Rdpat/sda; oatatmetsm of 1,445 at odmtknd poranrtt attd tin odNtke at a -pat v atd Arb-Atoe as 9. a Cowragw EWthg Po 4B.827 at 100.f EWthg &ddhg e,OBO af. 124X EWWg Pawnmt 14,810 J. 3a= EWthg Tofd Cotsad 20.BM at 4271r Pmpord Pmd 4 Bn J. 100R ( d-VW) PrAw"d BaOdhg aaso at 12. s (aid-od) Prop-d Poterrrsnt 16.2e1 at UW Prmaead Totd Caa-W 22511 at. 45.7.T EWthg Ft Yad (Ethm Aqm Whe) 9,984 of.. 100S E>dethg Covred (Ethan Agri Drhs) Z989 at. 30.D1 (uttahmgod) E+Mthp Frml yard (Cosa e- Avarua) 3,75B at 10011 EWfhq Cotaad (Camraas Avswa) IOJ7 at. 278w a Edetbp PraPatY Bra hlamotkn, tMaPOPh)t aWtbp 4of-R urldw7voW utNtim seflmd dsff a tkn and good pbin hMmatlon taben Ran plan mtl0ed Efhm AOm f kj&wb d Subrddon, Rss J. BerW, Lot 37. iapogrm/tk SRa PM' by Lomaxra G lwcbhson, doted 8/IS/OS bat r.W-d 9-4-0.1 (ELLYN - HOWLEY HOPWOOD PROPERTY N C O R P O D A T E D �, atNsOtee w1-rt i PmnH2M9 Caadeus SeMces ravr aP Or- Aw.Ste.2atN F1002f8502A07 Site Plan f03BMW pan i 1a02) 09-M 0-sYP 0.440) nttp:llWwwJnise.set ana.1: 1 DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 11, 2004 James Howley Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: 63 Ethan Allen Drive Dear Mr. Howley: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, June 15, 2004 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Administrative Assistant Encl. Permit Number SP---- APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Mike Hopwood The 4x4 Center 20 Marshal Avenue, Unit G Williston, VT 05403 864-8565 phone 864-0464 fax 2) LOCATION OF LAST RECORDED DEED (Book and page #) �19 Book 655 page 624 .LQQ* tion 3) APPLICANT (Name, mailing address, phone and fax #) �Q' w, §4 0�50. Mike Hopwood 0113 The 4 x 4 Cernter 20 Marshall Avenue, Unit G Williston, VT 05495 4) CONTACT PERSON (Name, mailing address, phone and fax #) James Howley Llewellyn -Howley Inc 20 Kimball Avenue, Ste. 202N South Burlington, VT 05403 658-2100 phone 658-2882 fax 5) PROJECT STREET ADDRESS 63 Ethan Allen Drive, South Burlington, VT 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0435-00063C 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Unoccupied one-story, metal -clad, commercial building, 6060 s.L b) Proposed Uses on property (include description and size of each new use and existing uses to remain) Renovate existing building for automobile repair, using six service bays; specializing in Land and Range Rovers. Occasional auto sales, about a dozen per year. LLEWELLYN - HOWLEY I N C O R P O R A T E D c) Total building square footage on property (proposed buildings and existing buildings to remain) 6,060 s.f. existing building d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Height is 30 feet on the north side and 34 feet on the west side (lower ground), one story, with a mezzanine; no basement e) Number of residential units (if applicable, new units and existing units to remain) Not applicable f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) Currently unoccupied. Proposed: 9 employees, 2 company cars. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) Refer to attached narrative and photographs in regard to the topic of screening requirements for the short- and long-term storage area. The area will be to the immediate west of the building. H) LOT COVERAGE a) Building: Existing 12.4 % Proposed Unchanged b) Overall (building, parking, outside storage, etc) Existing 40.1 % Proposed Unchanged c) Front yard (along each street) Existing 30 and 25.5 % Proposed Unchanged 9) COST ESTIMATES a) Building (including interior renovations): $6,000 interior, $1500 exterior b) Landscaping: $1,200 c) Other site improvements (please list with cost): $1,500 security lighting, $500 trash storage 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): 24 vte (2 x sum of a.m. & p.m. peak hours) b) A.M. Peak hour for entire property (in and out): 7 vte LLEWELLYN • HOWLEY 2 I N C O R P O R A T E D c) P.M. Peak hour for entire property (in and out): 5 vte 11) PEAK HOURS OF OPERATION: 7:30 — 9:30 am 12) PEAK DAYS OF OPERATION: M-F (none more busy than others) 13) ESTIMATED PROJECT COMPLETION DATE: June 1, 2004 14) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. P io SIGNA UR OF APP ICANT SIGNATLIRt dF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: v U REVIEW AUTHORITY: Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: Complete ❑ Incomplete t DhleWoYof Planning & Zoning or Designee Date 3 ca. :he Idle wnt he ind shout A i0 for for De- d by Say tax ers ss and n nual ;s- �et- tility s- _ ept._ iior will fair �fo- iew- ht any - Polk tom - he J to now .'s ss in hat thich to ns. Tres ling ern - it the as ,n- tho i as me IRS yers in- ar- Land Rovers roll -to 4x4 Center Off -road enthusiasts come from afar for Williston service By Shawn Turner Free Press Staff Writer WILLISTON — To get a sense of the esteem in which Land Rover enthusiasts hold Mike Hopwood and his 4x4 Center garage, look at the license plates in the parking lot. Illinois, New York, New Hampshire. Some Land Rovers have even come from as far away as Denver and Seattle to the garage on Marshall Avenue. Hopwood is the garage's owner, where Land Rover owners nationwide send their beloved vehicles to undergo weeks -long service that can cost thou- sands of dollars. Hopwood declined to reveal how much the work costs or reve- nue. "I've always had a fascination with Land Rovers," he said, "and I happened to turn it into a business." Scores of people nationwide share Hopwood's love of the off -road vehicle. Smaller than a Hummer, but more rug- ged.than most other -sport utilities; the- - boxy vehicles that first appeared shortly after World War II have gained cult sta- tus not only in America, but in Hop - wood's native England. The British imports are not likely to be confused with any other model on the road. They scream out to be driven off road: winches, wide bodies, imposing grills, and heavy-duty shocks and springs. The military heritage is clearly present with . the Land Rovers inside Hopwood's garage. "It's what I grew up with," he said. A step inside Hopwood's garage shows the kind of work done to the Land Rovers, which can cost in excess of $70,000, according to Land Rover re- tailer The Automaster in Shelburne. At the far end of the garage is a Land Rover up on lifts that exists only as a skeleton of its former self. The 1976 Land Rover 101 Forward Control, blunt - nosed truck was imported from Eng- land, where it was used in the English Army. Its new life will be on a Texas ranch, shuttling visitors. "They want their vehicle to last for- ever," Hopwood said of his clients. The 32-year-old's reputation has grown since he went into business in 1993. The Worcester, England, native es- timates that up to 60 percent of the proj- ects he undertakes are from out of state. Hopwood almost immediately began his business after immigrating to the United States 12 years ago. In 1993, he began working an off -road training pro- gram that is still in operation today and services such clients as the U.S. Army. He declined to reveal the sites. "It's at a variety of locations," he said. "It's on private land. We don't encour- age people to go about finding it." In 1996, he began selling Land Rovers. He sells about 20 of the used vehicles each year. Three years later, Hopwood added Sean Snyder works on the transmission of a Series 3 Land Rover for a customer in New Hampshire on Wednesday at The 4x4 Center in Williston. Land Rover history Land Rovers are sold in more than 140 countries and 75 percent of all Land Rovers are in use today. A short history of Land Rover follows: ■ 1948: First Land Rover created by two brothers working for the British car company Rover. ■ 1960s: Land Rover engineers set to work on designing a more family - friendly vehicle. ■ 1970: Launches Range Rover. The new model meshed off -road du- rability with the traditional styling and comfort of a family car. ■ 1989: Introduces the Discovery, the company's "family 4X4." ■ 1990: Classic Land Rover badged the Defender. ■ 1997: Introduces the Freelander, a compact SLIV. ■ 2000: Land Rover acquired by Ford Motor Co. Source: Ford Motor Co. the business's lifeblood: the custom servicing of these and other vehicles, in- cluding sport utilities and trucks that he insists are treated with as much care as the garage's staple Land Rovers. "It does sometimes overwhelm me how much people love their vehicles," he said. Business has picked up to the point that Hopwood will move to South Bur- lington's.Ethan Allen Drive next month. "It's 6,000 square feet, but we can ex- pand," he said of the proposed location. "And we'll own the building; it's a free- standing building." Currently, The 4x4 Center shares space with other stores. Some restoration projects — such as the Land Rover 101 — can take up to six months. Other "minor" projects that do not call for a complete vehicle overhaul can take a month or so. Major projects typically include a four- or five -month waiting period be- fore the work can begin. The shop un- dertakes 25 large-scale projects a year, he said. Overall, he estimated the shop does 2,000 total service jobs annually. One Land Rover in the garage's back parking lot was stripped down, its en- gine encased in plastic trash bags. The owner started the restoration job with- out help and quickly realized that was a bad idea. "The customer started and got in over his head," Hopwood said. Was any damage done in the process? "We'll see," he said with a smile. Contact Shawn Turner at 660-1852 or stur- ner@bfp.burlingtonfreepress.com LOCUS LEGEND Propwad zhimaw Prop«ty Lb. E—.nt Lb. - --- — — - w.tloM L It fAtN« Zon. — — Ru6m'M S.tbaotr — — C-tm., — - — ------------ PW..td o 9--t o \ Sanitary S..« N.H. 0 \ \ Storm Sew« M.H. U WO D \\ H>dtort y caro vdw N St— Se.« Wat«Supply �-.---r9-•.— D__Pow Owrh.W 11M1.—aw----'.— \ Naturd I-, Lombok. Ik # \ Unity Pot. 0 \ Sir T 4 \ T7P. 6 NMI. u. .tM. Powmare ROADWAY ApND P.dARKM LOT NOIEESotMa ro ��p 1. M. SbN Smldsd $.ebetlNn adw6uo MB 4 and b. WPI- d agb..bp Ito. aM y.dlbMga 2 Sol boriW ad itA p1Et w I.turt-ImM to omm" dolpr ..Irdmn. ono omit" ta.d.vy..eUan 1 TM rood I 9 W dim b. - dro- - IN, da.b9 bot rrot k Utm . dap. of 0.6X PAVED ROADWAY/PARKING LOT SECTION N. T..S. 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KoTy Lot OW 12 Wp I a ---•�--- � t fn I t \ 3 / a � CAW p.M.td » ! d o«hm Tron4hvm.r � I _ p rN.ph«u P~.I 1 11 1 1 L_J i NOTES I. Ofm« or R.o.ld: R— 1 8a.td P.O. B 9333 S M Budbpt.n. yr 08.07 2 Awlkmt: Ma. Hop.00d Th. 4.4 C-t« 20 Mo." A— motoo, yr 05m 1 Zonal M Md bW lc000 wclat A %o)sct 0 ..*tbn: CT.np. of p- to $.ddty Aoto R.pdr/S.I- co�ah ell- of 1,445 of -IdNund pot—tt and tits odaHon of dw Wat.re oM ArborMtm sa.atb9. S CowoW &WIng Paco 4AS77 of. 100X E.WW9 &&dt9 6.060 aL 124X E>d tip Po, n,t FL816 ai. 30L FiNlip Totd Co 24876 af. 427X mqp peal 48877 aL f00X (tmMmrgW) PraPo �•o 6.M at 12.4X (..d-W.d) Mopo..d P.wm.Rt M261 af. .u3X Prwo.M rota CovaW 22321 aL 45.7X E.btb9 F t Y. d (Ed— AU. DAw) 9.964 af. I= EtAI,x tbpp CoY (C.�n.w«u Avw.ts)) 2 7W xL .710DX on9W) Exbt1- Cowr.d (C.—o«n A ) 9S8 aL 2559 (-d-Mod) S. E-Wb9 prwrty at. itlotnotl- Miow phX -Wkw f-t——lowpmVft -done ddh-don aM flood pbb bbrmotbn Wtty ham pIoR mUU.d 'Efh Apan F bdabM Subddabr, Raro 1 8r 4 Lot 37. Twopwhk SR. Pkn' by Looteura« Q Dlokft , dotW 8/13/aX lost mWmd fI 4-OS LLEWELLYN - HOWLEY — HOPWOOD PROPERTY ft"' - '11 INCORPORATED° 8a 6f.11.plan Vora-t t6nsw6 Engineering - Perm tfirg C I " g 6 "ces Bt.nrl blR BLM 29 KimhwA ow.Sfe.I.2. T tgm;, bs6266z Site Plan Dieix1ig 4100 snr,m 9nhingfon r Igg2l6so-ztbo Vermon9 g5A6a p.lrwww.thrnc.net bk.sl[ 1 Permit Number SP- - APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Mike Hopwood The 4x4 Center 20 Marshal Avenue, Unit G Williston, VT 05403 864-8565 phone 864-0464 fax 2) LOCATION OF LAST RECORDED DEED (Book and page #) Book 655 Page 624 3) APPLICANT (Name, mailing address, phone and fax #) Mike Hopwood The 4 x 4 Cernter 20 Marshall Avenue, Unit G Williston, VT 05495 4) CONTACT PERSON (Name, mailing address, phone and fax #) James Howley Llewellyn -Howley Inc 20 Kimball Avenue, Ste. 202N South Burlington, VT 05403 658-2100 phone 658-2882 fax 5) PROJECT STREET ADDRESS 63 Ethan Allen Drive, South Burlington, VT 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0435-00063C 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Unoccupied one-story, metal -clad, commercial building, 6060 s.f. b) Proposed Uses on property (include description and size of each new use and existing uses to remain) Renovate existing building for automobile repair, using six service bays; specializing in Land and Range Rovers. Occasional auto sales, about a dozen per year. LLEWELLYN - HOWLEY I N C O R P O R A T E D c) Total building square footage on property (proposed buildings and existing buildings to remain) 6,060 s.f. existing building d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Height is 30 feet on the north side and 34 feet on the west side (lower ground), one story, with a mezzanine; no basement e) Number of residential units (if applicable, new units and existing units to remain) Not applicable f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) Currently unoccupied. Proposed: 9 employees, 2 company cars. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) Refer to attached narrative and photographs in regard to the topic of screening requirements for the short- and long-term storage area. The area will be to the immediate west of the building. 8) LOT COVERAGE a) Building: Existing 12.4 % Proposed Unchanged b) Overall (building, parking, outside storage, etc) Existing 40.1 % Proposed Unchanged c) Front yard (along each street) Existing 30 and 25.5 % Proposed Unchanged 9) COST ESTIMATES a) Building (including interior renovations): $6,000 interior, $1500 exterior b) Landscaping: $1,200 c) Other site improvements (please list with cost): $1,500 security lighting, $500 trash storage 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): 24 vte (2 x sum of a.m. & p.m. peak hours) b) A.M. Peak hour for entire property (in and out): 7 vte LLEWELLYN • HOWLEY 2 I N C O R P O R A T E D c) P.M. Peak hour for entire property (in and out): 5 vte 11) PEAK HOURS OF OPERATION: 7:30 — 9:30 am 12) PEAK DAYS OF OPERATION: M-F (none more busy than others) 13) ESTIMATED PROJECT COMPLETION DATE: June 1, 2004 14) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGN UR OF AP ICANT SIGNATdRt dF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date 3 APPLICATION FOR SITE PLAN REVIEW Permit Number SP- May 2004 Applicant and property owner: Mike Hopwood Site address: 63 Ethan Allen Drive Attachment 1. re: 7) 2) Project Description — Other Pertinent Information Administrative Officer Ray Belair issued an administrative approval of this project in January. That approval was based on a site plan that included screened fencing in the paved area and vegetative screening within a Class 2 wetland's 50-foot buffer zone to the immediate west to the site. The two screening types would prevent views of the "long- term storage" area —shown on the Site plan —from Ethan Allen Drive. The buffer zone extends to the pavement edge. The vegetative screening in the buffer zone on the original plan approved by Mr. Belair was more extensive than that shown on the current plan. Later in the winter the State of Vermont determined that it would not grant a Conditional Use Determination (CUD) for the planting of the vegetative screening in the buffer zone. At first the decision meant that no new vegetation at all would be allowed. Eventually, the State agreed to allow the vegetation now shown on the current plan. But this more limited screening did not completely block the view of the long-term storage area from the northwest on Ethan Allen Drive. In addition, Mr. Hopwood was becoming uncomfortable with a proposed screening fence that Mr. Belair had required. The significant part of the fencing would be installed in an east -west orientation, between the long-term storage area and the entrance/exit drive off Ethan Allen Drive. It would block the view of the long-term storage area through that open drive from passersby on Ethan Allen Drive. The fence would present snowplowing difficulties, for example, and would be costly to install. The applicant asked Mr. Belair to allow elimination of the screening fence. Mr. Belair was opposed to eliminating that screening, and informed the applicant that such a request would have to go to the Design Review Board. The accompanying photographs were taken this spring from Ethan Allen Drive, from locations marked 1 to 8 on the Site Plan. The row of vegetative screening has not yet been planted in the buffer zone at the pavement's edge. Photographs 7 and 8 have been touched up to show proposed new vegetation —also shown on the Site Plan —north of the northwest corner of the building. This "additional vegetation" will provide more screening of views from westbound passersby. The entire grassed area west of the drive entrance is the wetland buffer, including the City ROW, and therefore no new vegetation is allowed. Mr. Hopwood's business practice will not result in the storage of unsightly vehicles in either the long- or short-term storage areas. He is prepared to describe his business practice in detail with the Design Review Board. He requests that the DRB approve his application without a requirement for fenced screening of the long-term storage area. LLEWELLYN - HOWLEY Page 1ofI INCORPORATED II LLEWELLYN • HOWLEY I N C O R P O R A T E D March 19, 2004 Mr. Ray Belair Administrative Officer City of South Burlington 575 Dorset St. South Burlington, VT 05403 Re: SP-03-48, 63 Ethan Drive, Mike Hopwood Wetland buffer and screening Dear Ray: State wetland ecologist April Moulaert will allow some arborvitae in the buffer, but only next to the existing pavement, and only as depicted in the accompanying plan of the site, Alternative A. As part of Alternative A we propose also to plant additional arborvitae at the west end of the parking row, as shown on the plan; and to park intact, operational vehicles every day in the one or two most western parking space(s). The combination of the vehicle(s) and the arborvitae would screen views of the long-term storage area from vehicles driving westerly. The proposed and existing wetland buffer arborvitae would screen views from vehicles driving easterly. Only when vehicles were in the process of negotiating the street curve could the long-term storage area be viewed; and in that short range of travel any view angle would be near or beyond 90 degrees to the direction of travel, causing the time of view to be very brief. If this is not acceptable to the City, Mike Hopwood's alternative proposal will be the previously discussed fence and gates to screen passerbies' view of the long-term vehicle storage area, as depicted on the accompanying plan labeled Alternative B. Please review and advise if Alternative A can be approved by you or if Mike must seek approval from the Design Review Board. (I assume, from past conversations, that you are willing to approve Alternative B.) If you still feel that Alternative A could be approved by you only if the view through the drive opening were also screened, he may wish to ask the DRB for approval to forego that screening requirement. Mike and I appreciate your forbearance on this matter as we struggle to satisfy both April's and your requirements, Ray. Questions or comments you may have are always welcomed. Very truly yours, Ja , s Howley, Pi. cc: Mike Hopwood Engineering • Land Development - Permitting 20 Kimball Ave., Ste. 202N - South Burlington • Vermont • 05403 T 802-658.2100 • F 802.658.2882 • e-mail: Ilewellinc@aol.com State of Vermont LAND USE PERMIT AMENDMENT CASE NO 4CO643-22A LAWS/REGULATIONS INVOLVED APPLICANT Rene Berard 10 V.S.A. §§ 6001 - 6092 (Act 250) ADDRESS P.O. Box 2039 South Burlington, VT 05407 and Mike Hopwood The 4 x 4 Center, 20 Marshall Avenue Williston, VT 05403 District Environmental Commission #4 hereby issues Land Use Permit Amendment 4C0643-22A, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6092. This permit amendment applies to the lands identified in Book 213, Pages 384, of the land records of the City of South Burlington, Vermont, as the subject of a deed to Rene Berard, the Permittees as Grantees. This permit specifically authorizes the Permittees to a change in use of an existing permitted building with subsequent change in water and sewer usage and trip generation. The project is located on Ethan Allen Drive in the City of South Burlington. The project is subject to Act 250 jurisdiction because the project is a material or substantial change to a development over which the Commission has jurisdiction and thus constitutes "development' pursuant to EBR 2(A)(1)(e). Accordingly, a land use permit amendment is required pursuant to EBR 34. The Permittees, and their assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: All conditions of Land Use Permit #4C0643 and amendments are in full force and effect except as amended herein. 2. By acceptance of this permit, the Permittees agree to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. The project shall be completed, operated and maintained in accordance with: the plans and exhibits on file with the District Environmental Commission, and (c) the conditions of this permit. 4. The approved plans are: Land Use Permit #4C0643-22A Page 2 Sheet 1 - "Site Plan Hopwood Property," dated 10/25/03, last revision 2/02/04. A copy of this permit and approved plans shall be on the site at all times throughout the construction process. 6. No changes shall be made in the design or use of this project without the written approval of the District Coordinator or the Commission, whichever is appropriate under the Environmental Board Rules. Pursuant to EBR 51(G), the permit application and material representations relied upon during the review and issuance of this permit by the District Commission shall provide the basis for determining future substantial and material changes to the approved project and for initiating enforcement actions. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit, as provided by 10 V.S.A. §§ 6001-6092 and the rules of the Environmental Board. 9. By acceptance of the conditions of this permit without appeal, the Permittees confirm and agree that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittees and all assigns and successors in interest. 10. The project is approved for the following maximum impacts: No change in vehicle parking spaces (47 remaining for Phase 3 of park), 425 - gallons per day of water and wastewater (25 additional, 2,705 remaining for Phase 3 of park), 24 - vehicle trips per day (66 less, 712 remaining for Phase 3 of park), and 8 - AM peak hour vehicle trips (1 additional 12 remaining for Phase 3 of park). 11. This permit hereby incorporates all of the conditions of the following Agency of Natural Resources Permits: • Water Supply and Wastewater Disposal Permit #WW4-1636-2 issued on January 28, 2004 by the Wastewater Management Division. Any subsequent nonmaterial changes to these permits shall be automatically incorporated herein upon issuance by the Agency of Natural Resources. Subsequent amendments involving material changes to the Act 250 permit shall not be constructed prior to review and approval of the District Coordinator or the District Commission under applicable Environmental Board Rules. 12. The Permittees shall apply and maintain calcium chloride and/or water on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. Land Use Permit #4C0643-22A Page 3 13. The Permittees and all subsequent owners or lessees shall install and maintain only low -flow plumbing fixtures in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. 14. In addition to conformance with all erosion control conditions, the Permittees shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the requirements of this condition does not absolve the Permittees from compliance with 10 V.S.A. (§§ 1250-1284) Chapter 47, Vermont's Water Pollution Control Law. 15. The Permittees shall maintain a 50-foot undisturbed, naturally vegetated buffer strip between all watercourses on the project site and any disturbed areas. No mowing is permitted within the 50-foot buffer zone of the Class Two wetland. 16. The Permittees and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #13 by replacing any dead or diseased plantings within the season or as soon as possible after the ground thaws, whichever is sooner. 17. The installation of exterior light fixtures is limited to those approved in Exhibit #5, and shall be mounted no higher than (20) feet above grade level. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 18. The Permittees shall not erect additional exterior signage without first obtaining approval from the District Commission. Signage includes banners, flags, and other advertising displays, excepting temporary real estate marketing signs. 19. No floor drains shall be constructed which discharge underground on -site unless an Underground Injection Control Program permit has been obtained. 20. The project shall conform with the 2001 Vermont Guidelines for Energy Efficient Commercial Construction, promulgated by the Vermont Department of Public Service. Any design or equipment features that do not comply with the 2001 Guidelines, or any custom measures not installed, shall be brought promptly to the attention of the Department of Public Service for comment and to the District Commission for approval prior to construction. 21. The installation and/or use of electric resistance space heat is specifically prohibited without the prior written approval of the District Environmental Commission. 22. Each prospective purchaser of any lots shall be shown a copy of the approved plot plan, Potable Water Supply and Wastewater System Permit, the Land Use Permit and Amendments and the Findings of Fact before any written contract of sale is entered into. 23. No further subdivision, alteration, and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission. 24. The Permittees shall reference the requirements and conditions imposed by Land Use Permit #4C0643-22A in all deeds of conveyance and leases. Land Use Permit #4C0643-22A Page 4 25. Pursuant to 10 V.S.A. § 6090(b) this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. Notwithstanding any other provision herein, this permit shall expire three years from the date of issuance if the Permittees have not commenced construction and made substantial progress toward completion within the three year period in accordance with 10 V.-S.A. § 6091(b). 26. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A. § 6090(c). Dated at Essex Junction, Vermont, this 9 day of , 2004. Michael Flaherty, Acting Ch`airin this matter District #4 Commission Members participating in this decision: Kate Purcell Jim McNamara The applicant or a party may file a motion to alter within days from the date of this decision, pursuant to Environmental Board Rule 31. Any appeal of this decision must comply with all provisions of 10 V.S.A. § 6089 and Environmental Board Rule 40 including the submission of the original and ten copies of the following: notice of appeal, a statement of why the appellant believes the commission was in error, a statement of the issues to be addressed in the appeal, a summary of the evidence that will be presented, a preliminary list of witnesses and this decision. Decisions on minor applications may be appealed if a hearing was held by the district commission or timely requested by the appellant. W : \Act250\DIST4\PROJECTS\-4C0643\4C0643-22\4C0643-22A.pmt EXHIBIT LIST FOR APPLICATION #4C0643-22A Page 1 E DATE E A = Applicant X R N T = Town H E T EC = Environmental Conservation I C E RPC = Regional Planning Commission B E R ANR = Agency of Natural Resources I I E AOT = Agency of Transportation T V D DPS = Department of Public Services E D N O B Y VDH = Vermont Department of Health DP = Division for Historic Preservation WMD = Wastewater Management Division Nature of Exhibit and Date Entered 1 12/29/03 A Cover Letter by James Howley, P.E., Llewellyn -Howley, Inc., Re: Administrative Approval of Amendment Application 2 Act 250 Land Use Permit - Application Cover Sheets 3 Schedule A - Fee Information 4 Schedule E - Adjoiner Information 5 Schedule F - Certificate of Service and Notice of Application 6 Schedule B - Short Form - Response to the 10 Criteria and Subcriteria 7 Map - Flood Mapping (undated) 8 Chart - Traffic Counts (10/15/03) _ 9 Municipal Impact Questionnaire 10 Site Photographs 11 Ability to Serve Letter by Walter Hipp, Senior Engineer, Green Mountain Power, (05/29/02) Re -submitted - Same as Land Use Permit #4C0643-22 12 Map - Future Land Use Map with related information 13 Plan: Site Plan Sht. 1. (Rev. 2/2/04) 14 1/29/04 ANR Entry of Appearance Comments (1/27/04) 15 66WW-4-1636-2 Issued 1/28/04 4C0643-22A. ExList.BC CERTIFICATE OF SERVICE �i I hereby certify on this day of February, 2004, a copy of the foregoing ACT 250 LAND USE PERMIT #4C0643-22A, was sent first class mail, postage prepaid to: PARTIES: Mike Hopwood The 4 x 4 Center 20 Marshall Avenue Williston, VT 05495 Rene Berard PO Box 2039 j South Burlington, VT 05407 James Howley, P.E. Llewellyn -Howley, Inc. 20 Kimbal Avenue, Suite 202N South Burlington, VT 05403 Donna Kinville, City Clerk Chair, City Council/Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 Elizabeth Lord, Land Use Attorney Agency of Natural Resources 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 FOR YOUR INFORMATION District #4 Environmental Commission Michael Flaherty, Acting Chair/Kate Purcell/Jim McNamara 111 West Street Essex Junction, VT 05452 Ernie Christianson, Env. Analyst V ANR, 111 West St. Essex Jct., VT 05452 Dated at Essex Junction, Vermont, this 9 day of February, 2004. w:cs4C0643-22A.cc Christine Commo, Administrative ecretary 879-5660 STATE OF VERMONT AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: The 4 X 4 Center ) DISTRICT ENVIRONMENTAL COMMISSION # 4 APPLICATION # 4C0643-22A January 27, 2004 Please enter the appearance of the Agency of Natural Resources ("Agency"), State of Vermont, by and through its attorney, Elizabeth Lord, in the above captioned matter. Criterion 1 (G) - Wetlands April Moulaert, District Wetlands Ecologist with the Water Quality Division, reports that a portion of this project previously encroached into the wetland buffer. A portion of the parking lot was built in the 50-foot buffer zone of a Class Two wetland without a Conditional Use Determination. The parking lot was removed last fall and the area has been re -seeded. The current site plan submitted with the Act 250 application indicates that the Applicant proposes to plant 15 Arborvitae in the middle of the wetland buffer zone. The placement of these shrubs within the buffer runs counter to the protection that is supposed to be provided by a buffer. Instead, the shrubs should be located outside of the buffer (along the edge of the buffer zone). The placement of the shrubs outside of the buffer will help to prevent future encroachment into the buffer. As an alternative to planting shrubs, the Applicant may install a split rail fence or other form of permanent barrier that will demarcate the edge of the buffer zone. Additionally, the Water Quality Division requests that the land use permit include language specifically prohibiting mowing within the buffer and a requirement that the buffer be allowed to naturally re -vegetate. Application # 4CO643-22A January 27, 2004 2 Dated January 27, 2004, at Waterbury, Vermont. Respectfully submitted, State of Vermont Agency of Natural Resources By: Elizabeth Lord, Esq. ANR Planning Division (802) 241-3620 CERTIFICATE OF SERVICE I hereby certify that 1, Andrea McKnight, Program Technician for the Planning Division of the Agency of Natural Resources, sent a copy of the foregoing Comments and Entry of Appearance dated January 27, 2004 regarding File #4C0643-22A by U.S. mail, postage prepaid, to the following: Mike Hopwood The 4 X 4 Center 20 Marshall Avenue Williston, VT 05403 James Howley, P.E. Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Donna Kinville, City Clerk Chair, Selectboard / Chair, Planning Commission Town of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 Dated January 27, 2004, at Waterbury, Vermont State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 16, 2002 Case Number: WW-4-1636-2 PIN: EJ85-0002.16 Landowner: Rene Berard Address: P.O. Box 9333 South Burlington VT 05403 This project, consisting of a change of use from office, storage and truck shop to a specialty auto shop with no increase in design flows, and minor site revisions, served by municipal water and wastewater services, located on 63 Ethan Allen Drive in South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This does not constitute approval under Act 250 case number 4C0643and amendments. 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, The Department of Environmental Conservation, Water Quality Division — telephone (802) 241-3770, the Department of Labor & Industry — telephone (802) 828-2106 or (802) 879-2300, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by James Howley, P.E. which have been stamped "approved" by the Wastewater Management Division: Project: 2003024 "Hopwood Property" Plans: Sheet 1 "Site Plan" dated October 25, 2003 revised January 4, 2004. The project shall not deviate from the approved plans in a manner, which would change, or affect the exterior water supply or wastewater disposal, building location or the approved use of the building without prior review and written approval from the Wastewater Management Division. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within thirty, (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. This project has been reviewed and approved for the previously approved commercial building on the lot. The permittee shall not construct any other type structures requiring plumbing, including public buildings, duplexes, condominium units, or commercial buildings, without prior review and approval by the Wastewater Management Division. Such approvals will not be granted unless the proposal conforms to the applicable laws and regulations. 6. All conditions set forth in Permit # WW-4-1636 and WW-4-1636-1 shall remain in effect except as modified or amended herein. vdastewater System and Potable Water Supply Permit W W-4-1636-2 Rene Berard Page 2 7. The Wastewater Management Division now reviews the water and wastewater disposal systems under 10 V.S.A., Chapter 64 — Potable Water Supply and Wastewater System Permit. 8. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations. Dated at Essex Junction, Vermont on January 28, 2004. Jeffrey Wennberg, Commissioner Department of Environmental Conservation By UM GUyUV -C W Jessanne Wyman Assistant Regional Engineer C For the Record South Burlington Planning Commission & Select Board Jim Howley Act 250 District Environmental Commission Department of Labor & Industry AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT _ TOTAL # DEC PERMITS PRE -APPLICATION REVIEW 3�� RESPONSE DATE ICATION # t,J(,y -7 601 DISTRICT 4 , or 9_ TO PIN #_ a. l (o OWNER OF PROJECT SITE: NAME: CAL ADDRESS: Co x 4 3 72ADDRESS: APPLICANT OR REPRESENTATIVE: NAME: o U Sl H b�,r TELEPHONE: Se-d, ' �� - 93 � 2r TELEPHONE:!�;J-?- `V 6 Q - Project Name: 46 7, Based on a written or oral request and/or information provided by —kwa S r ceived on C' a a project was reviewed on a tract/tracts of land of I I'2 acres, located on � l �v. S'• �',t( . The project is generally described as: v.rfe Prior Permits From This Office: ly W - Ct 1c �' Gl PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION [ ] I hereby request a jurisdictional opinion from the District Coordinator or Assistant District Coordinator regarding the jurisdiction of 10 V.S.A. Chapter 151 (Act 250) over the project described above. Jeff McMahon Permit Specialist 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LAN DOWNER/AGENT, OR OTHER PERSON. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THEENV ONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C) ,r Commercial, residential or municipal projec Has the landowner subdivided before? When/where/# o lots AN ACT 250 PERMIT IS REQUIRED: YES NO; Copies sent to Statutory Parties: YES" NO BASIS FOR QECISION: �41 SIGNATURE: DATE: ,_? � +✓' Teleph ne:80 879-5614 ADDRESS: Environmental Commissions Districts #4, 6 & 9 111 West Street, Essex Junction, VT 05452 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED _ YES NO Wastewater System & Potable Water Supply Permit Notice of Permit Requirements EPR 1-403 _Floor Drains to a UIC well REGIONAL ENGINEER ASSIGNED: Ernest Christianson (879-5675), Jessanne Wyman (879-5673), William Zabiloski (879-5672) Dolores LaRiviere (879-2341) SIGNATURE: � DATE: ar} `� ADDRESS: Agency of Natural Resources _Environm tal sistance Division, Permit Specialist, 802 879-5676 Dept. of Environmental Conservation Wastewater Management Division, Telephone: 802 879-5656 111 West Street, Essex Junction, VT 05452 OVER»»»»» THIS IS A PRELIMINARY, NON-B ING DETERMINATION REGARDING O', R PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMEN , OF CONSTRUCTION. PLEASE CONTAG r THE DEPARTMENTS INDICATED BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: _ Discharge Permit; pretreatment permits; industrial, municipal Indirect Discharge Permits Residuals Management 4. AIR POLLUTION CONTROL DIVISION, ANR (888 520-4879) Contact: _ Construction/modification of source _ Open Burning _ Wood Chip Burners (>90 HP) _ Furnace Boiler Conversion/installation Industrial Process Air Emissions _ Diesel Engines (>450 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) (800 823-6500 in VT) Contact: New Hydrants >500' of waterline construction Community Water System (CWS) Bottled Water Transient Non -Community water system (T'NC) Capacity Review for Non -transient non -community water systems (NTNC) 6. WATER QUALITY DIVISION, ANR Contact: River Management (241-3770) Stormwater Permits (state and federal ) Hotline (241-4320) Shoreland encroachment (241-3777) �. Aquatic nuisance control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate (241-3770) Stream Alteration (751-0129/879-5631/786-5906) Water Withdrawal (241-3770) WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous Waste Handler site ID (241-3888) Underground Storage Tanks (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Asbestos Disposal (241-3444) _ Disposal of inert waste, untreated wood & stumps (241-3444)Cy.(tS Composting Facilities (241-3444) Waste oil burning (241-3888) Lkrl j K_2-V' Used septic system components/stone 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) Contact: SMALL BUSINESS AND MUNICIPAL COMPLIANCE ASSISTANCE Contact: Judy Mirro or John Daly eet-244-~ RECYCLING HOTLINE (1-800-932-7100) Contact: 1 9M-)14-'559 10. DEPARTMENT OFFISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11 DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office 879-2300 Contact: Construction -Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification (Phil Cornock) Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (1-800 649-2642) Residential care homes (241-2345) (Dept. of Aging & Disabilities Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2053) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2710) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE (800 675-9873) Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) // �� Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 1 VERMONT ENERGY CODE ASSISTANCE CENTER TOLL FREE 888-373-2255 � VT Building Energy Standards 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) �21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste �`U LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, 8 Carmichael St.,Suite 205, Essex Junction, VT 05452 (802) 872-2893 24. OTHER: Sections #3424 above have been completed by Permit Specialist Jeff McMahon Date_ a - 1 may be reached at 879-5676 ?pies have been mailed to: REVISED 3/13/03 i State of Vermont Lr Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voioe 1-800-253-0195 Voice>TDD January 20, 2004 Rene Berard P.O. Box 9333 South Burlington VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, VT 05452 Telephone: (802) 879-5656 RE: WW-4-1636-2, Change of use from office, storage and truck shop to a Land Rovers shop only, municipal water supply and sewer, 450 gpd, no increase, 63 Ethan Allen Drive, South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on January 12, 2004, including a fee of $37.00 paid by check #3672. Under the performance standards for this program, we have a maximum of 30 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Division of Wastewater Management l.�7 l1-'%t�LL2(i Ernestine Chevrier Regional Office Coordinator cc: South Burlington Planning Commission James Howley Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury ACT 250 NOTICE MINOR APPLICATION #4C0643-22A 10 V.S.A. §§ 6001-6092 ce is hereby given that on December 29, 2003, an application was filed by Rene Berard, P.O. Box 2039, South Burlington, VT 05407 and Mike Hopwood, The 4 x 4 Center, 20 Marshall Avenue, Williston, VT 05403, for a project generally described as: a change in use of an existing permitted building with subsequent change in water and sewer usage and trip generation. The project is located on Ethan Allen Drive in the City of South Burlington, Vermont. The District 4 Environmental Commission will treat this application under Environmental Board Rule 51 -- Minor Applications. A proposed permit has been prepared by the Commission and is available at the Commission's office. Findings of Fact and Conclusions of Law will not be prepared unless a public hearing is requested in writing or the Commission holds a hearing on its own motion. The written request for a hearing must state the criteria or subcriteria at issue, why a hearing is required and what evidence will be presented at the hearing pursuant to Environmental Board Rules 14 and 51(B)(3)(d). No hearing will be convened unless a party submits a written request to the Commission on or before January 27, 2004, or the Commission sets the matter for hearing on its own motion. Prior to convening a hearing, the District Commission shall determine that substantive issues requiring a hearing have been raised pursuant to Environmental Board Rule 51(D). Parties entitled to participate are the municipality, the municipal planning commission, the regional planning commission, state agencies, adjoining property owners, and persons granted party status pursuant to Environmental Board Rule 14(B). 41� Dated in Essex Junction, Vermont, this 7 day of January 2004. By eter E. Keibel Environmental Board District #4 Coordinator 111 West Street Essex Junction, VT 05452 T/802-879-5658 E/ peter.keibel@anr.state.vt.us W:\Act250\DIST4\PROJECTS\4CO643\4CO643-22\4CO643-22A.not This is a DRAFT permit; please submit any written comments or corrections to: Peter E. Keibel, District #4 Coordinator, 111 West Street, Essex Junction, VT 05452 A permit will NOT be issued by the District Commission until the following information is received: 1) Potable Water Supply and Wastewater System Permit issued by the ANR-DEC W Management Division AMENDMENT CASE NO 4CO643-22A LAWS/Rl APPLICANT Rene Berard 10 V.S.A. §§ 6001 ADDRESS P.O. Box 2039 South Burlington, VT 05407 and Mike Hopwood The 4 x 4 Center, 20 Marshall Williston, VT 05403 . ter, ...,, The project is " 0 jurisMohas because the project is a material or substantialchange to a developme., er w sjurisdiction and thus constitutes "development' pursuant to EBR 2(, )(e). Accords use permit amendment is required pursuant to EBR 34. mittees, and their i and successors in interest, are obligated by this permit to complete, and maintain the ject as approved by the District Commission in accordance with the 12 conditions: rs of Land Use Permit #4C0643 and amendments are in full force and effect except herein. 2. By acceptance of this permit, the Permittees agree to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. Land Use Permit #4C0643-22A Page 2 3. The project shall be completed, operated and maintained in accordance with: the plans and exhibits on file with the District Environmental Commission, and (c) the conditions of this permit. 4. The approved plans are: Sheet 1 - "Site Plan Hopwood Property," dated 10/25/03. 5. A copy of this permit and approved plans shall be on t eat all ti ut the construction process. 6. No changes shall be made in the design or use of th ct out the writt f the District Coordinator or the Commission, whichever 'ate under the Envir ntali Board Rules. 7. Pursuant to EBR 51(G), the permit application andWaterial ns relied upon during 24 - vehicle trips p �;, (66 less, 712 remaining for Phase 3 of park), and 8 - AM peak hours . hicle trips (1 additional 12 remaining for Phase 3 of park). This permit , ` ` y incorporates all of the conditions of the following Agency of Natural iG.PCl11Tn Pn- i}c Water Supply and Wastewater Disposal Permit #WW4-1636-X issued on OM by the Wastewater Management Division. Any subsequent nonmaterial changes to these permits shall be automatically incorporated herein upon issuance by the Agency of Natural Resources. Subsequent amendments involving material changes to the Act 250 permit shall not be constructed prior to review and approval of the District Coordinator or the District Commission under applicable Environmental Board Rules. Land Use Permit #4C0643-22A Page 3 12. The Permittees shall apply and maintain calcium chloride and/or water on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 13. The Permittees and all subsequent owners or lessees shall install and plumbing fixtures in any buildings. Any failed water conservation mi replaced with products of equal or better performance. 14. In addition to conformance with all erosion control c itions, the permit or allow the discharge of waste material into surface e requirements of this condition does not absolve the ee om c (§§ 1250-1284) Chapter 47, Vermont's Water Pollut .1 Law. 15. The Permittees shall maintain a 50-foot undisturbf watercourses on the project site and any disturbed 16. The Permittees and all assigns and succ landscaping as approved in Exhibit # b} season or as soon as possible after they (additi or Y low -flow be promptly .A. buffer strip between all rf maintain the plantings within the I b ed trthroved in Exhibit # and shall be ;r level. lighting shall be installed or t t sourcetor surfaces from view beyond the signage without first obtaining approval from , flags, and other advertising displays, signs. hich discharge underground on -site unless an Underground been obtained. th the 2001 Vermont Guidelines for Energy Efficient Commercial y the Vermont Department of Public Service. In addition io meeii ffective on a Iife-cycle-cost bases. Any design or equipment features that do not rye 2001 Guidelines, or any custom measures not installed, shall be brought the attention of the Department of Public Service for comment and to the District i for approval prior to construction. 21. The installation and/or use of electric resistance space heat is specifically prohibited without the prior written approval of the District Environmental Commission. 25. Pursuant to 10 V.S.A. § 6090(b) this permit amend -t is as long as there is compliance with the conditions h herein, this permit shall expire three years from the commenced construction and made substantial progre period in accordance with 10 V.S.A. § 6091(b). 26. Failure to comply with all of the above to 10 V.S.A. § 6090(c). Dated at Essex Junction, Vermont, this in this Kate Purcell Jim McNam day itionaan&v be if the Permitt ave not pletion within the three year revocation pursuant herty, Acting Chair in this matter Commission ie applicant or a., file a motion to alter within 30 days from the date of this decision, it to Environmental o Rule 31. Any appeal of this decision must comply with all provisions '.S.A. § 6089 and ronmental Board Rule 40 including the submission of the original and ten of the following: tice of appeal, a statement of why the appellant believes the commission was a statement a issues to be addressed in the appeal, a summary of the evidence that will be re list of witnesses and this decision. Decisions on minor applications may be g was held by the district commission or timely requested by the appellant. W:\Act250\DIST4\PROJECTS\4C0643\4C0643-22\4C0643-22A.pmt `CERTIFICATE OF SERVICE I I hereby certify on this % day of January, 2004, a copy of the foregoing ACT 250 MINOR NOTICE APPLICATION #4C0643-22A, was sent first class mail, postage prepaid to: PARTIES: Mike Hopwood The 4 x 4 Center 20 Marshall Avenue Wiliston, VT 05403 James Howley, P.E. Llewellyn -Howley, Inc. 20 Kimbal Avenue, Suite 202N South Burlington, VT 05403 Donna Kinville, City Clerk Chair, Selectboard/Chair, Planning Commission Town of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 Elizabeth Lord, Land Use Attorney Agency of Natural Resources 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 FOR YOUR INFORMATION District #4 Environmental Commission Thomas Little, Chair/Virginia Clarke 111 West Street Essex Junction, VT 05452 NRCS, District Conservationist/USDA Soils Conservation Service 600 Blair Park Road, Suite 230 Williston, VT 05495 Tom Bushey, District Supervisor, N.R.C.D. 48 Bushey Road Shelburne, VT 05482 County Forester/Agency of Natural Resources 111 West Street Essex Junction, VT 05452 Page 2 COS, 300643-22A John M. Austin/ANR, Dept. of Fish & Wildlife 5 Perry Street, Suite 40 Barre, VT 05641-4266 Burlington Free Press/Classified Ad Section 191 College Street Burlington, VT 05401 Christopher Owen/Vt. Dept. of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 Green Mountain Power Corporation 163 Acorn Lane Co!chester, VT 05446 Michael Russom/Vermont Gas Systems PO Box 467 Burlington, VT 05402 Division for Historic Preservation National Life Building, Drawer 20 Montpelier, VT 05620 Michael Pologruto, Technical Services/VTrans National Life Building, Drawer 33 Montpelier, VT 05633 Marian White, Policy Analyst/Dept. of Agriculture, Food & Markets 116 State Street, Drawer 20 Montpelier, VT 05620-2901 Dan Gaherty/Efficiency Vermont 255 South Champlain Street Burlington, VT 05401 Michael Barsotti, Water Quality Director Champlain Water District 403 Queen City Park Road South Burlington, VT 05403 ADJOINING LANDOWNERS On File at District Commission Office 04 Dated at Essex Junction, Vermont, this7 day of January, 2004. w:cs4C0643-22A.bc Ar ra Cady, District OfficIC rfC erk 879-5670 CITY Ok SOUTH � 3J ILINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 8, 2004 James Howley Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: Auto Sales, Service & Repair — 63 Ethan Allen Drive Dear Mr. Howley: Enclosed, please find the Findings of Fact and Decision regarding the above referenced project. Please note the conditions of approval including the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please feel free to contact me. Sincerely, .a`d.;.,..- Ra�mond J. Belair, Administrative Officer Gfen Cedar Glen Property Maintenance, Inc. intenance P.O. Box 64878 Burlington, Vermont 05406 pho 802.863.7800 fax 802.863.7805 1.877.4 CedarGCen www.cedarglenvt.com NOVEMBER 10, 2003 To Whom It May Concern: Cedar Glen Property Maintenance, Inc. is recommending the installation of (15) 5-6' Thuja Occidentalis `Nigra' Dark Green American Upright Arborvitae to provide a screen for auto storage along the west edge of the Hopwood Property located on Ethan Allen Drive in South Burlington. This particular species possesses dark green foliage through winter and is a very popular choice for Vermont hedges due to its versatility. We recommend that the arborvitae be planted at a distance of 20' from the edge of the parking lot to compliment the existing line of cedars as well as providing protection from salt damage. The Dark Green American Upright Arborvitae will grow to a size of 8-15' tall by 4-5' wide at maturity. Cedar Glen Property Maintenance, Inc. recommends that the arborvitae be planted 10-12' apart in a staggered pattern with 5' between the rows (see site plan). The installation of this hedge would cost approximately $1,850.00. This price is to include (15) 5-6' `Nigra' Dark Green American Upright Arborvitae, compost, labor, landscape loader. Cedar Glen Property Maintenance, Inc. supports the proposed landscape plan for the Hopwood Property completely. We contend that this plan will help "soften" the impact of the proposed storage area and will serve as an effective and attractive hedge through the future. Sincerely, �� Co ebert Sales Manager Permit Number SP- l -� APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Rene J. Berard PO Box 9333 South Burlington, VT 05403 863-9798 phone 860-1890 fax 2) LOCATION OF LAST RECORDED DEED (Book and page #) Book 408, Pages 588-90 3) APPLICANT (Name, mailing address, phone and fax #) Mike Hopwood The 4 x 4 Cernter 20 Marshall Avenue, Unit G Williston, VT 05495 864-8565 phone 864-0464 fax 4) CONTACT PERSON (Name, mailing address, phone and fax #) James Howley / Skip McClellan Llewellyn -Howley Inc 20 Kimball Avenue, Ste. 202N South Burlington, VT 05403 658-2100 phone 658-2882 fax 5) PROJECT STREET ADDRESS 63 Ethan Allen Drive, South Burlington, VT 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0435-00063C 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Unoccupied one-story, metal -clad, commercial building, 6060 s.L b) Proposed Uses on property (include description and size of each new use and existing uses to remain) Renovate existing building for automobile repair, using six service bays; specializing in Land and Range Rovers. Occasional auto sale, estimated to be about a dozen per year. c) Total building square footage on property (proposed buildings and existing buildings to remain) 6,060 s.f. existing building d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Height is 30 feet on the north side and 34 feet on the west side (lower ground), one story, with a mezzanine; no basement e) Number of residential units (if applicable, new units and existing units to remain) Not applicable f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) Currently unoccupied. Proposed: 9 employees, 2 company cars. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) No other information 8) LOT COVERAGE a) Building: Existing 12.4 % Proposed Unchanged b) Overall (building, parking, outside storage, etc) Existing 42.7 % Proposed 40.1 % c) Front yard (along each street) Existing 6.5 % Proposed Unchanged 9) COST ESTIMATES a) Building (including interior renovations): $6,000 interior, $1500 exterior b) Landscaping: $11,850 c) Other site improvements (please list with cost): $1,500 security lighting, $500 trash storage 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): 24 vte (2 x sum of a.m. & p.m. peak hours) b) A.M. Peak hour for entire property (in and out): 7 vte 2 } c) P.M. Peak hour for entire property (in and out): 5 vte 11) PEAK HOURS OF OPERATION: 7:30 — 9:30 am 12) PEAK DAYS OF OPERATION: M-F (none more busy than others) 13) ESTIMATED PROJECT COMPLETION DATE: March 1, 2004 14) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 3 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIG ` ATURV OF APP ICANT SIGNATUR F PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Imo' Develo ment Review Board ❑ Director Planning & Zoning P � g g I have reviewed this site plan application and find it to be: VComplete/ Zoning or Designee Date 4 EXHIBIT A SITE PLAN The following information must be shown on the site plan. Please submit five (5) copies and one reduced copy (11" x 17") of the site plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. -S Lot drawn to scale (20 feet scale if possible) W Survey data (distance and acreage) o Contours (existing and finished) d/ Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the zoning regulations ciLocation of streets, abutting properties, fire hydrants, existing buildings, existing landscaping W Existing and proposed curb cuts, pavement, walkways o/ Zoning boundaries c/ Number and location of parking spaces (as required under Section 26.25 of the zoning / regulations) d Number and location of handicapped spaces (as required under Section 26.253(a) of the zoning regulations) Location of septic tanks (if applicable) cal Location of any easements o/ Lot coverage information: Building footprint, total lot, and front yard o/ North arrow os Name of person or firm preparing site plan and date o Exterior lighting details (cut sheets). All lights should be down casting and shielded. Dumpster locations (dumpsters must be screened) 0/ Bicycle rack as required under Section 26.253(b) of the zoning regulations (a If Restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE iNew Application $ 60.00* ❑ Amendment $ 35.00* * Includes $10.00 recording fee 5 LLEWELLYN , HOWLEY I N C O R P O R A T E D TRANSMITTAL LETTER Date: November 18, 2003 To: Ray Belair Zoning Administrator City of South Burlington, VT Re: Hopwood Property Site Plan Application File: 2001020 Copies: (5) Site Plan, #2003024100, last revised #1 (11/18/03) & 11x17 reduction Message: As requested, we have revised the front yard calculations and provided a check for the balance of the application fee ($125.00). Please call if you have questions or require additional information. Sincerely, LLEWELLYN-HOWLEY INCORPORATED SkP Skip McClellan 20 Kimball Ave. Ste. 202N, South Burlington, Vermont 05403 T 802-658-2100 F 802-658-2882 e-mail: Ilewellinc@aol.com Engineering Land Development Permitting LLEWELLYN - HOWLEY I N C O R P O R A T E D December 24, 2003 Mr. Ray Belair Administrative Officer City of South Burlington 575 Dorset St. South Burlington, VT 05403 Re: Hopwood Site Plan, 63 Ethan Allen Drive Dear Ray: This letter accompanies a revised Site Plan, based on your December 12 meeting with Mike Hopwood and me. Mike plans to install a 32-foot screened gate in front of long- term storage vehicles. The height will be six feet. The elevation of Ethan Allen Drive by the driveway is approximately 223 feet and the elevation of the storage area is approximately 218 — 219 feet. The sight distance from passing vehicles to the gates will be 105 feet and 160 feet to the farthest row of cars. A six-foot gate will be sufficient to screen from view all but racks on cars parked in the vicinity of the gate and all but the roofs of cars parked near the south property line. The enclosed sightline sketch and calculations sheet provides evidence that a objects near the south property line will be screened to a height of approximately 6.5 feet Cars parked to the east of the gated area, will be for short-term storage, and will not require screening, as you and Mike agreed. We respectfully request that you grant an administrative approval of this project. Sincerely, es Howley cc: Mike Hopwood Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ilewellinc@aol.com r S r N 0 O> co N 0(91 O Z D P. x�0o N 0 Q �p m ODw ODz N State of Vermont LAND USE PERMIT AMENDMENT CASE NO 4CO643-22 APPLICANT Rene Berard ADDRESS P.O. Box 2039 South Burlington, VT 05407 and John Belter 2 Country Club Drive South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A. §§ 6001 - 6092 (Act 250) District Environmental Commission #4 hereby issues Land Use Permit Amendment #4C0643-22, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6092. This permit amendment applies to the lands identified in Book 213, Pages 384, of the land records of the City of South Burlington, Vermont, as the subject of a deed to Rene Berard, the Permittees as Grantees. This permit specifically authorizes the Permittees an after -the -fact approval of a 60' x 100' Contractors yard building on Lot #37 of the Ethan Allen Industrial Park. The Permittees have moved all parking spaces outside the 50-foot wetland buffer and restored the area. The project is located on Ethan Allen Drive in the City of South Burlington. The project is subject to Act 250 jurisdiction because the project involves the construction of improvements for a commercial purpose on more than ten acres and thus constitutes "development" pursuant to 10 V.S.A. § 6001(3) and Environmental Board Rule ("EBR") 2(A)(1)(b), and the project is a material or substantial change to a development over which the Commission has jurisdiction and thus constitutes "development" pursuant to EBR 2(A)(1)(e). Accordingly, a land use permit amendment is required pursuant to EBR 34. The Permittees, and their assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: All conditions of Land Use Permit #4C0643 and amendments are in full force and effect except as amended herein. 2. By acceptance of this permit, the Permittees agree to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. The project shall be completed, operated and maintained in accordance with: the plans and exhibits on file with the District Environmental Commission, and the conditions of this permit. Land Use Permit #4C0643-22 Page 2 4. The approved plans are: Sheet S 1 - "Topographic Site Plan Rene J. Berard Lot #37 Ethan Allen Farms Industrial Subdivision," dated 8/13/03, last revision 9/4/03; and Sheet - "Ethan Allen Farms Industrial Subdivision Overall Site Plan Phase 3," dated Feb 1987. 5. A copy of this permit and approved plans shall be on the site at all times throughout the construction process. 6. No changes shall be made in the design or use of this project without the written approval of the District Coordinator or the Commission, whichever is appropriate under the Environmental Board Rules. 7. Pursuant to EBR 51(G), the permit application and material representations relied upon during the review and issuance of this permit by the District Commission shall provide the basis for determining future substantial and material changes to the approved project and for initiating enforcement actions. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit, as provided by 10 V.S.A.§§ 6001-6092 and the rules of the Environmental Board. 9. By acceptance of the conditions of this permit without appeal, the Permittees confirm and agree that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittees and all assigns and successors in interest. 10. The project is approved for the following maximum impacts: 16 - vehicle parking spaces (68 remaining for Phase 3 of park), 400 - gallons per day of water and wastewater; (3105 remaining for Phase 3 of park) 68 - vehicle trips (average) per day; (718 remaining for Phase 3 of park), and 7 - AM peak hour trips per day, (19 remaining for Phase 3 of park). 11. This permit hereby incorporates all of the conditions of the following Agency of Natural Resources Permits: • Water Supply and Wastewater Disposal Permit #WW-4-1636-1 issued on September 26, 2003 by the Wastewater Management Division. Any subsequent nonmaterial changes to these permits shall be automatically incorporated herein upon issuance by the Agency of Natural Resources. Subsequent amendments involving material changes to the Act 250 permit shall not be constructed prior to review and approval of the District Coordinator or the District Commission under applicable Environmental Board Rules. 12. The building approved herein is not approved for any manufacturing use or the on -site disposal of any process wastes. The Permittees shall apply and receive amended approval from the Land Use Permit #4C0643-22 Page 3 District Commission for any change in the use of the buildings which involves the storage or handling of any regulated substances or the generation of hazardous wastes. 13. The Permittees and all subsequent owners or lessees shall install and maintain only low -flow plumbing fixtures in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. 14. All disturbed areas of the site shall be stabilized, seeded and mulched immediately upon completion of final grading. All disturbed areas not involved in winter construction shall be mulched and seeded before October 1. Between the periods of October 1 to April 15, all earth disturbing work shall conform with the "Winter Construction" standards and specifications of the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites (1987). 15. In addition to conformance with all erosion control conditions, the Permittees shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the requirements of this condition does not absolve the Permittees from compliance with 10 V.S.A. §§ 1250-1284, Vermont's Water Pollution Control Law. 16. The Permittees shall maintain a 50-foot undisturbed, naturally vegetated buffer strip between all watercourses on the project site and any disturbed areas. The wetland buffer will be restored as approved in Exhibits #23 and #24. 17. All stumps shall be disposed of on -site above the seasonal high water table or at a State approved landfill so as to prevent groundwater pollution. 18. The installation of exterior light fixtures is limited to those approved in Exhibits #27 and #28, and shall be mounted no higher than (20) feet above grade level. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. Any unshielded fixture will be removed. 19. The Permittees shall not erect additional exterior signage without first obtaining approval from the District Commission. Signage includes banners, flags, and other advertising displays, excepting temporary real estate marketing signs. 20. The project shall conform with the Vermont Consolidated Act 250 Energy Guidelines for Typical Commercial and Industrial Buildings promulgated by the Vermont Department of Public Service. In addition to meeting the above referenced guidelines, the Permittee shall incorporate any additional energy efficiency measures that are determined by custom analysis to be cost effective for the project. 21. The installation and/or use of electric resistance space heat is specifically prohibited without the prior written approval of the District Environmental Commission. 22. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan, Water Supply and Wastewater Disposal Permit, and the Land Use Permit before any written contract of sale is entered into. 23. No further subdivision, alteration, and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission. Land Use Permit #4C0643-22 Page 4 24. The Permittees shall reference the requirements and conditions imposed by Land Use Permit #4C0643-22 in all deeds of conveyance and leases. 25. Pursuant to 10 V.S.A. § 6090(b) this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. Notwithstanding any other provision herein, this permit shall expire three years from the date of issuance if the Permittees has/have not commenced construction and made substantial progress toward completion within the three year period in accordance with 10 V.S.A. § 6091(b). 26. Failure to comply with all of the abovq conditions may be grounds for permit revocation pursuant to 10 V.S.A. § 6090(c). Dated at Essex Junction, Vermont, this JA Members participating in this decision: Gene Richards day of Mv" 2003. By- JO McNa , Acting Chair in this matter District 4 Commission The applicant or a party may file a motion to alter within 30 days from the date of this decision, pursuant to Environmental Board Rule 31. Any appeal of this decision must comply with all provisions of 10 V.S.A. §6089 and Environmental Board Rule 40 including the submission of the original and ten copies of the following: notice of appeal, a statement of why the appellant believes the commission was in error, a statement of the issues to be addressed in the appeal, a summary of the evidence that will be presented, a preliminary list of witnesses and this decision. Decisions on minor applications may be appealed if a hearing was held by the district commission or timely requested by the appellant. W:\Act250\DIST4\PROJECTS\4CO643\4CO643-22\4CO643-22.pmt EXHIBIT LIST FOR APPLICATION #4C0643-22 Page 1 E DATE E A = Applicant X R N T = Town H E T EC = Environmental Conservation I C E RPC = Regional Planning Commission B E R ANR = Agency of Natural Resources I I E AOT = Agency of Transportation T V D DPS = Department of Public Services E VDH = Vermont Department of Health D DP = Division for Historic Preservation WMD = Wastewater Management Division N B 0. Y Nature of Exhibit and Date Entered 1 6/10/02 A Act 250 Land Use Permit Application 2 Schedule A - Fee Information 3 Schedule E - Adjoiner Information 4 Schedule F - Certificate of Service 5 Municipal Impact Questionnaire 6 Schedule B - Act 250 Narrative 7 Letter by City of South Burlington re Business Connected to Water & Sewer (5/30/02) 8 Letter by Julian Goodrich re Stormwater Runoff (5/15/02) 9 Parking Space Data 10 Letter by Julian Goodrich to John Austin, F & W Biologist re Wildlife Habitat on Lot 37 (5/24/02) 11 Letter by Ian MacDougall, CCRPC re Regional Plan (6/7/02) 12 Letter by Julian Goodrich to GMP re Demand (5/28/02) 13 Letter by GMP re Retroactive Ability -to -Serve Letter (5/29/02) 14 Letter by Juli Beth Hoover, City of South Burlington re Development of Industrial Park (6/3/02) 15 Letter by Julian Goodrich to CCRPC re Regional Plan (5/24/02) W.• I4ct25014DMINIEXHIBI714C0643-22. wpd EXHIBIT LIST FOR APPLICATION #4C0643-22 16 It 17 Is 18 " 19 it 20 " 21 It 21a 7/11/02 21 b 7/8/02 22 09/23/2003 23 09/23/2003 24 09/23/2003 25 09/23/2003 26 09/23/2003 27 09/23/2003 A A A A A A 28 9/26/03 A 29 9/29/03 A 30 10/21 /03 A Page 2 See Exhibit #11 Plan: Site Plan S1 (5/24/02) Plan: Site Plan S2 (5/24/02) Plan: Elevations A6 (5/24/02) Photographs of Project Plan: Overall Site Plan (2/87) ANR Entry of Appearance Comments (7/8/02) Letter by Julian Goodrich, JG Architects to April Moulaert, Wetlands Division re Wetland Determination (7/8/02) Letter from Lamoureux & Dickinson Consulting Engineers, Inc. re: Listing of Actions Taken by Applicant Since Initial Submission with Certificate of Service (09/23/2003) Berard Restoration Plan by Cathy O'Brien Wetland Consulting (August 21, 2003) Letter to Rene Berard from Lamoureux & Dickinson re: Wetland Buffer Restoration Work Performed (September 19, 2003) Vermont Water Supply & Wastewater Disposal Permit WW- 4 -1636 (July 16, 2002) Warranty Deed from John H. Belter, Jr. and Joyce N. Belter to Berard Construction Co, Inc. for Lot 37 (April 5, 1995) and Quit Claim Deed from Randy M. Berard to Rene J. Berard for Lot 37 (November 23, 1998) Plan - Ethan Allen Farms Industrial Subdivision Lot 37 - Topographic Site Plan, Sheet! (last revised 09/04/2003) Letter by Andy Rowe re Exterior Lighting (9/26/03) WW-4-1636-1 Issued 9/26/03 Letter by Andy Rowe re CUD (10/20/03) W.• W ct250W DMIA IEA'HIBI174CO643-22. wpd CERTIFICATE OF SERVICE I hereby certify on this ) a day of November, 2003, a copy of the foregoing ACT 250 LAND USE PERMIT #4C0643-22, was sent first class mail, postage prepaid to: PARTIES: Rene J. Berard PO Box 2039 South Burlington, VT 05407 John Belter 2 Country Club Drive South Burlington, VT 05407 Julian Goodrich J.G. Architects, Inc. PO Box 2166 South Burlington, VT 05407-2166 Andy Rowe Lamoureux & Dickinson Consulting Engineers 14 Morse Drive Essex Jct., VT 05452 Donna Kinville, City Clerk Chair, City Council/Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 Elizabeth Lord, Land Use Attorney Agency of Natural Resources 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 FOR YOUR INFORMATION District #4 Environmental Commission James McNamara, Acting Chair/Gene Richards 111 West Street Essex Junction, VT 05452 Ernie Christianson, Env. Analyst V AN R, 111 West St. Essex Jct., VT 05452 Page 2/COS/#4C0643-22 Dated at Essex Junction, Vermont, this 1A day of November, 2003. Cj• 1 w:cs4C0643-22/cc Cris ine Cbriimo, Admmistrative Secretary 879-5660 14 Morse Drive Consulting Engineers, Inc. Essex )unction, Vermont 05452 September 23, 2003 District 4 Environmental Commission c/o Peter Keibel, Coordinator 111 West Street Essex Junction, VT 05452 RE: Land Use Permit Amendment Application #4C0643-22 Lot 37 - Ethan Allen Farms Industrial Subdivision 63 Ethan Allen Drive, South Burlington Dear Commissioners: (802) 878-4450 Fax (802) 878-3135 We are writing on behalf of Rene Berard regarding the previously submitted Land Use Permit Amendment application for Lot 37 of the Ethan Allen Farms Industrial Subdivision. As you know, an existing 6,000 sf commercial building is presently located on this lot. Mr. Berard is seeking approval for the existing building and related improvements. Since the application was submitted by Julian Goodrich on behalf of the applicant, the following has occurred: In response to the portion of the existing parking/loading area located within the class 2 wetland buffer on the westerly side of the lot, Mr. Berard retained Cathy O'Brien to prepare a Restoration Plan (copy enclosed). As noted in the enclosed letter from our office dated September 19, 2003, this work was completed last week. With the elimination of the pavement within the wetland buffer, the applicant no longer intends (or needs) to pursue a Conditional Use Determination for this project. Our office has submitted an application for a Wastewater System and Potable Water Supply Permit seeking approval to connect the existing floor drain to the municipal sewer collection system. We will provide you with a copy of this permit upon issuance. Even though it was to be eliminated, the floor drain was also registered with the Underground Injection Control Program in late August of this year. Water Supply & Wastewater Disposal Permit WW-4-1636 approved the existing 6,000 sf commercial building and a 3,000 sf proposed addition. This addition is no longer proposed, and the applicant seeks approval for the existing building only. A copy of the previously issued permit is enclosed. The following table presents the requested allocation for Lot 37, and the cumulative impacts for Phase III of the Ethan Allen Farms Industrial Subdivision: Civil • Environmental • Transportation • Planning • Landscape Architecture • Land Surveying District 4 Environmental Commission September 23, 2003 Page 2 Ethan Allen Farms Industrial Subdivision Phase III (lots 22-42) Previously Allocated* Lot 37 Allocation Cumulative Allocation Total Approved Allocation Parking Spaces 231 spaces 16 spaces 247 spaces 315 spaces Wastewater 5945 GPD 400 GPD 6345 GPD 9450 GPD Trip Ends 660 trip ends 68 trip ends 728 trip ends 1446 trip ends A.M. Peak Hour Trip Ends 123 A.M. 7 A.M. 130 A.M. 149 A.M. * Previous allocations are based upon information obtained by this office and verified with Peter Keibel on 9-19-03. The allocations requested for Lot 37 are equal to, or less than those granted by the developer, John Belter in the Warranty Deed recorded in volume 375, page 9 of the City land records (see attachments.) Enclosed are five copies of the Plan prepared by this office prior to the restoration of the wetland buffer. We look forward to resolving the outstanding permit issues on this parcel. Please call our office with any questions. Sincerely Andrew Rowe P.E. cc: Certificate of Service P.\2003\03096Wct 250\application update. wpd CERTIFICATE OF SERVICE 1 hereby certify that on September 23', a copy of the letter with attachments to the District 4 Environmental Commission, regarding Land Use Permit Application #4C0643-22, was sent, first class mail, postage prepaid, to the following: District 4 Environmental Commission c/o Peter Keibel, Coordinator 111 West Street Essex Junction, VT 05452 South Burlington City Council c/o Charles Hafter, City Manager 575 Dorset Street South Burlington, VT 05403 South Burlington Planning Commission c/o Juli-Beth Hoover 575 Dorset Street South Burlington, VT 054503 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 Elizabeth Lord, Esq. Land Use Attorney Agency of Natural Resources 103 South Main Street - Center Bldg., 3r`' Floor Waterbury, VT 05671-0301 Rene Berard P.O. Box 9333 South Burlington, VT 05407 John Belter 2 Country Club Drive South Burlington, VT 05403 Date:71 By:�� Andrew Rowe P:\2003\03096Wct 250\certificate ofsmice.wpd Berard Restoration Plan Lot 3T, Ethan Allen Industrial Park South Purlin ton, Vermont BACKGROUND Mr. Rene Berard received a Notice of Alleged Violation from the Vermont Division of Water Quality regarding the construction of a portion of a parking lot within the buffer zone of a Class Two wetland on Lot 3 7 of the Ethan Allen Industrial Park in South Burlington, Vermont. The property in question is a westward sloping lot. A 6000 sf building is located on the eastern side of the lot with the parking lot to its west. A mowed grass strip separates the parking lot and the wetland on the western side of the parking lot. Prior to the development of the property as an industrial park, the land was in agricultural use. From 1961 to 1986 the land, including the wetland, was planted with corn. The property has been subdivided into lots for an industrial park, many of which have been already developed. The edge of the wetland is located at the edge of the grass strip along the western side of the existing parking lot. It is likely that this wetland has developed in an old oxbow from a previous channel of the Winooski River. The wetland on this property is approximately 1/2 mile from the Winooski River. A small channelized intermittent stream flows through the wetland in a northerly direction and through a culvert under Ethan Allen Drive. Following this swale, the property is approximately one mile from the river. The eastern half of the wetland complex is forested, while the western half (the portion of the wetland on the lot in question) was cleared for agriculture. Fanning ceased on the land about in 1986 and the area is now dominated by grasses and herbaceous vegetation including reed canary grass, fowl meadow grass, goldenrod species, purple loosestrife, soft rush and wooly bullrush. Cattails are located in the middle of the wetland by the stream. The adjacent upland is dominated by timothy, vetch, clover, chickory, reed canary grass, red top grass, quack grass and goldenrod. The break in the vegetation corresponds to the topographic break between the wetland and the upland. FINDINGS In response to the NOAV, Mr. Berard hired me to delineate the boundary of the wetland and to determine if any buffer zone encroachments had occurred. I flagged the boundaries of the wetland which have been shown on the site plans entitled "Proposed Air Mountain Building" prepared by John Belter The portion of the project in buffer zone includes an irregular strip of parking lot, approximately 75 by 25 feet, and 600 square feet of access drive. Because the contractor was aware of the wetland, but was mistaken about its location, a silt fence was installed prior to construction at the edge of the parking lot to prevent encroaclunent of machines and sediments into the buffer zone and wetland. The grassed strip between the wetland and the parking lot is now mowed grass. Although the wetland location was determined prior to construction, the contractor (the applicant's now deceased son) was working from a plan which incorrectly showed the Nvetland boundary located at the top of a bank at the 215 foot elevation level, rather than at its identified location at approximately the 216 foot elevation level. Inadvertently, 2,500 square feet of the access drive and parking lot were constructed within the buffer zone of a Class Two wetland without obtaining a Conditional Use Determination. The applicant realized this error when seeking an amendment to construct an addition onto the building and now wishes to correct this error. No wetlands have been physically altered as a result of this project. RESTORATION PLAN The following restoration measures will be taken on the Berard Property. 1. All areas to be restored will be clearly staked and labeled, prior to any earthwork so that the proposed restoration work is clear to the contractor performing the work. 2. A silt fence or a continuous line of haybales will be installed prior to any earthwork at the edge of the proposed earthwork, between the wetland and the disturbance. If silt fence is used, the entire silt fence will be inspected to ensure it is correctly erected. The fabric will be anchored with a minimum of 6 inches of soil, tamp and backfill. Sediment deposits will be removed from the fence as they build up and be placed in an area where there is no danger of further erosion. If hay bales are uses, each bale will be embedded into the soils a minimum of 4 inches. Bales will be securely anchored into place by stakes driven through the bales. 3. All pavement in the buffer zone shall be removed. Any subbase materials shall also be removed in their entirety. All machinery shall operate from the existing pavement and shall be prohibited from the wetland and the buffer zone. All removed pavement shall be properly disposed of in accordance with the Solid Waste regulations. 4. A minimum of 3 inches of topsoil shall be spread throughout the restored buffer area. Final grading will be carefully done to avoid ruts or water tracks. All disturbed soils shall be seeded with a conservation seed mix and heavily mulched. 5. Any excavated soils that are not needed for the regrading will be disposed of in an upland portion of the property, away from the area in question, out of all wetlands and buffer zones. 6. Any purple loosestrife plants or Phragmites plants within the work area will be pulled up by their roots and disposed of in a non -wetland location. If they have gone to seed, a bag will be tied securely over the seed heads to prevent the disbursement of seeds. 7. The silt fence and/or hay bales will be repaired or replaced as needed, Once vegetation is established and the bales are no longer needed, they will be removed. Sediment deposits will be removed and the sediment will be placed in an upland area where there is no danger of erosion. 8. There will be no mowing or cutting of vegetation within the wetland or buffer zone to promote the establishment of native vegetation. MONITORING PLAN l . Each stage of the restoration shall be photographed to provide a record of the work. 2. Monitoring shall occur near the end of first and second growing seasons. 3. Any areas where vegetation has not become established shall be reseeded with a conservation seed mix. 4. Any nuisance aquatic species, such as purple loosestrife or Phragmites, shall be removed by hand and disposed of in a non -wetland location. Submitted by Cathy OBrien Cathy O'Brien Wetland Consulting August 21, 2003 14 ;Morse Drive Essex )unction, Vermont 05452 Rene Berard P.O. Box 9333 South Burlington, VT 05407 RE: 63 Ethan Allen Drive Dear Rene: L! )OUREUX & DIC INS(DiN - Consulting Engineers, Inc. September 19, 2003 (802) 87 8-4450 Fax (802) 878-3135 We are writing in regards to the wetland buffer restoration work performed at 63 Ethan Allen Drive in South Burlington. The restoration work was performed this week by Allan's Excavating, Inc. The pavement and gravel subbase within the wetland buffer has been removed, the area returned to grade with granular fill and topsoil, and the disturbed area seeded and mulched. The area will need to be monitored for signs of erosion until vegetation becomes re- established, with seed and mulched re -applied as needed. Until vegetation is well established, the silt fence should remain and be maintained as necessary. Based upon observations by our office during site visits while the work was in progress, it appears that the work performed is substantially in accordance with the Restoration Plan prepared by Cathy O'Brien dated August 21, 2003. Please note that the Restoration Plan states that there will be no mowing or cutting of vegetation within the wetland or buffer zone. Since, the new edge of pavement marks the limit of the buffer zone, there should be no future cutting of vegetation in the area recently seeded and mulched. Please call our office with any questions. Sincerely, Andrew Rowe P.E. cc: David Connard Civil • Environmental • Transportation • Planning • Landscape Architecture • Land Surveying State of Vermont WATER SUPPLY & WASTEWATER DISPOSAL PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: N'W-4-1636 PIN: EJ85-0002.16 Landowner: Rene Berard Address: P.O. Box 2039 South Burlington, VT 05407 This project, consisting of an existing building for use as an office, storage, and truck shop with washing capabilities with a maximum of 25 employees on Lot #37 of Subdivision Permit #EC-4- 1183-1 served by municipal water and wastewater services located at'63 Ethan Allen Drive in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. This permit does not constitute approval under Act 250 case number 4C0643. GENERAL This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry - telephone (802) 828-2106 or (802) 658-2199 and local officials Por to proceeding with this project. 2. The project shall be completed as shown on the plans Sheet S 2 "Site Plan" dated May 1, 2002 prepared by JG Architects, Inc. which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 3. No alterations to the building other than those indicated on the approved plan or Water Supply and Wastewater Disposal Permit, which would change or affect the exterior water supply, or wastewater disposal, or the approved use of the building shall be allowed without prior review and approval from the Division of Wastewater Management. 4. The Wastewater Management Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. Water Supply & Wastewater Disposal Permit WW-4-1636 Rene Berard Page 2 6. A copy of the approved plans and this permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. 7. All conditions set forth in Subdivision Permit #EC-4-1183-1 shall remain in effect except as modified or amended herein. WATER SUPPLY The project is approved for water supply by connection to the municipal water system as depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 9. The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility as depicted on the approved plans. The project is approved for a maximum of 450 gallons of wastewater per day. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont this July 16, 2002. Christopher Recchia, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer For the Record City of South Burlington Planning Commission & Select Board JG Architects, Inc. Act 250 Coordinator-4C0643 Water Supply Division Department of Labor & Industry qy ERKS Ol!FICI q�) �ectived � 19_�at�.. recorded in _-- on Page- t r 5cf Eur`ington Land Recor . WARRANTY DEEDa Attest! r m }r s' `P,.:rx: �,. Margaret A. Picard, City Clerk KNOW ALL MEN BY THESE PRESENTS, That JOHN H. BELTER, JR. and JOYCE N. BELTER, of South Burlington, County of Chittenden and State of Vermont (the "Grantors"), in consideration of the sum of Ten and More Dollars, paid to their full satisfaction by BERARD CONSTRUCTION CO., INC., a Vermont corporation with a place of business in South Burlington, County of Chittenden and State of Vermont (the "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the Grantee and its successors and assigns forever, a certain piece of land in the City of South Burlington, County of Chittender. and State of Vermont (hereinafter the "Premises") described as follows, viz: Being a parcel of land with all improvements thereon, said property depicted as Lot 37 on a plan entitled "Ethan Allen Industrial Subdivision - Phase 3, Lots 22-42: Overall Site Plan," dated ! February, 1987, last revised August 4, 1988, and recorded in Map Volume 252 at Page 22 of the _ City of South Burlington Land Records. Being a small portion of the land and premises conveyed to the Grantors by Warranty Deed of Rene J. and June A. Berard, dated May 8, 1979, and recorded in Volume 148 at Pages 225-228 of the City of South Burlington Land Records. The above -described property is conveyed subject to and with the benefit of "Protective Covenants for the Better Industrial Park: South Burlington, Vermont," dated August 22, 1985 and recorded in Volume 213 at Pages 389-393 of the South Burlington City Land Records, as amended pursuant to: Amendment No. 1, dated September 4, 1985, and recorded in Volume 213 at Page 426 of the South Burlington City Land Records; Amendment No. 2, dated October 8, 1985, and recorded in Miscellaneous Volume 214 at Page 83 of the South Burlington City Land Records; Amendment No. 3 dated August 10, 1988, and recorded in Miscellaneous Volume 267 at Page 133 of the South Burlington City Land Records; and Amendment No. 4 dated April 14, 1989, and recorded in Miscellaneous Volume 277 at Page 452 of the South Burlington City Land Records. Included in this conveyance is the following allocation from the Grantors to the Grantee of cumulative impacts/resource allocations from the pool created by Land Use Permit No. 4C0643- 3, as amended (the "Allocation"): 28 parking spaces; 450 gallons of waste water and water, 68 vehicle trips, 7 peak hour p.m. vehicle trips, and 75 kVa of electricity. The balance of the allocations of cumulative impacts/resource allocations allowed to the Grantors by the terms of State of Vermont Land Use permit Amendment No. 4CO643-3 not heretofore or hereby allocated shall belong to and be retained by the Grantors for their use in developing the remainder of the Ethan Allen Farm Industrial Park. If the Grantee requires an additional allocation of cumulative impacts/resource allocations to complete the Grantee's development of the property, the Grantee shall be responsible for procuring such additional allocation. Such allocation shall come from an increase in the total allocation of cumulative impacts to Phase III of the Ethan Allen Farm Industrial Park and shall not come from the allocations already made to the Grantors by existing Land Use Permits. To the extent the Grantee obtains an increase in the total cumulative impacts to the Industrial Park, the Grantee shall be entitled to use and retain such increased cumulative impacts for the development of the Premises. The Premises are subject to the following encumbrances: (a) Utility easements granted to VELCO and Green Mountain Power Corporation as evidenced by location of lines and poles on the Property; (b) utility easement granted by the Grantors to the City of South Burlington dated December 1, 1992 and recorded in Volume 340 at Pages 310-312 of the City of South Burlington Land Records; (c) utility easement granted by the Grantors to Green Mountain Power Corporation and New England Telephone Company dated September 13, 1988 and recorded in Volume 273 at Page 311 of said land records; (d) utility easement granted by the Grantors to Vermont Gas Systems, Inc., dated October 31, 1988 and recorded in Volume 272 at Page 138 of said land records; (e) Irrevocable Offer of Dedication given by the Grantors to City of South Burlington dated August 8, 1985 and recorded in Volume 214 at Pages 113-117 and Dated August 9, 1983 and recorded in Volume 191 at Pages 235-239, each of said land records; and (f) the terms and conditions of all state and municipal permits and approvals including, but not limited to, State of Vermont Land Use Permit No. 4CO643 and State of Vermont Subdivision Permit No. EC-4-1183, and the amendments to all such permits and approvals affecting the Premises. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the Premises, with all the privileges and appurtenances thereto, to the Grantee, its successors and assigns, to its own use and behoof forever; and the Grantors, for themselves and their heirs and assigns, do covenant with the Grantee, and its sur.;essors and assigns, that until the ensealing of these presents, the Grantors are the sole owners of the Premises, and have good right and title to convey the same in the manner aforesaid, that the Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and they hereby engage to WARRANT and DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF John H. Belter, Jr. and Joyce N. Belter have hereunto set their hands this 5t” day of , 1995. " - Q4k 9. &d,- John . Belter, Jr. l'?71 ��Y/ Jof 03elter STATE OF VERMONT COUNTY OF CHITTENDEN, SS. *:I, At & i v a in said County and State this S day of rl 1995, personally appeare OHN H. BELTER, JR. and JOYCE N. BELTER, signers and ealers of the foregoing instrument and they acknowledged the same to be their free act ,, ad deed. B re Notary P ' Notary commission issued in 4 / f County My commission expires: Vermont Proptrtq Trans per Tal 32 V.S.A. Chap. RETURVRE 'C-TAX-?,G EOhFDCFH`_1lTHCERT.REC'91 VT ��'�0 csE "� DE�:IDPtic.`;T F_ ACT. CERT. REV D «BERARDLK04» Return No. Q� Clerk Date��- END OF DOCUMENT. ' CIT CL K'b,1FIC_h �30 Received I 19Vat //A M Recorded in ol, Sjz! oa on page,aa Of So. Burlington Land Records 32y QUIT CLAIMAttest: DEED Margaret A. Picard, City Gierk KNOW ALL PERSONS BY THESE PRESENTS, THAT RANDY M. BERARD of South Burlington, County of Chittenden, State of Vermont, Grantor, in the consideration of Ten and More Dollars paid to his full satisfaction by RENE J. BERARD of Bridport, County of Addison, State of Vermont, Grantee, has REMISED, RELEASED AND FOREVER QUITCLAIMED unto the said Grantee, RENE J. BERARD, all right and title which RANDY M. BERARD, or his heirs, successors and assigns have in, and to property located in South Burlington, State of Vermont, described as follows, viz: Being all and the same lands conveyed to Rene J. Berard and Randy M. Berard by Quit Claim Deed of Berard Construction Co., Inc. dated May 9, 1997, and recorded on May 21, 1997, in Volume 408, at Pages 588-590 of the City of South Burlington Land Records; said lands being more particularly described therein as follows: "Being a parcel of land with all improvements thereon, said property depicted as Lot 37 on a plan entitled "Ethan Allen Industrial Subdivision - Phase 3, Lots 22-42: Overall Site Plan" dated February, 1987, last revised August 4, 1988, and recorded in Map Volume 252 at Page 22 of the City of South Burlington Land Records. Being a small portion of the land and premises conveyed to the Grantors by Warranty Deed of Rene J. and June A. Berard, dated May 8, 1979, and recorded in Volume 148 at Pages 225-228 of the City of South Burlington Land Records. The above -described property is conveyed subject to and with the benefit of "Protective Covenants for the Belter Industrial Park: South Burlington, Vermont," dated August 22, 1985 and recorded in Volume 213 at Pages 389-393 of the South Burlington City Land Records, as amended pursuant to: Amendment No. 1, dated September 4, 1985, and recorded in Volume 213 at Page 426 of the South Burlington City Land Records; Amendment No. 2, dated October 8, 1985, and recorded in Miscellaneous Volume 214 at Page 83 of the South Burlington City Land Records; Amendment No. 3 dated August 10, 1988, and recorded in Miscellaneous Volume 267 at Page 133 of the South Burlington City Land Records; and Amendment No. 4 dated April 14, 1989, and recorded in Miscellaneous Volume 277 at Page 452 of the South Burlington City Land Records. Included in this conveyance is the following allocation from the Grantors to the Grantee of cumulative impacts/resource allocations from the pool created by Land Use Permit No. 4C0643- 3, as amended (the "Allocation'): 28 parking spaces, 450 gallons of waste water and water, 68 vehicle trips, 7 peak hour p.m. vehicle trips, and 75 kVa of electricity. The balance of the allocations of cumulative impacts/resource allocations allowed to the Grantors by the terms of State of Vermont Land Use per Amendment No. 4CO643-3 not heretofore or hereby allocated Ns�38 Z 45 44 shall belong to and be retained by the Grantors for their use in developing the remainder of the Ethan Allen Farm Industrial Park. If the Grantee requires an additional allocation of cumulative impacts/resource allocations to complete the Grantee's development of the property, the Grantee shall be responsible for procuring such additional allocation. Such allocation shall come from an increase in the total allocation of cumulative impacts to Phase III of the Ethan Allen Farm Industrial Park and shall not come from the allocations already made to the Grantors by existing Land Use Permits. To the extent the Grantee obtains an increase in the total cumulative impacts to the Industrial Park, the Grantee shall be entitled to use and retain such increased cumulative impacts for the development of the Premises. The Premises are subject to the following encumbrances: (a) Utility easements granted to VELCO and Green Mountain Power Corporation as evidenced by location of lines and poles on the Property; (b) utility easement granted by the Grantors to the City of South Burlington dated December 1, 1992 and recorded in Volume 340 at Pages 310-312 of the City of South Burlington Land Records; (c) utility easement granted by the Grantors to Green Mountain Power Corporation and New England Telephone Company dated September 13, 1988 and recorded in Volume 273 at Page 311 of said land records; (d) utility easement granted by the Grantors to Vermont Gas Systems, Inc., dated October 31, 1988 and recorded in Volume 272 at Page 138 of said land records; (e) Irrevocable Offer of Dedication given by the Grantors to City of South Burlington dated August 8, 1985 and recorded in Volume 214 at Pages 113-117 and Dated August 9, 1983 and recorded in Volume 191 at Pages 235-239, each of said land records; and (f) the terms and conditions of all state and municipal permits and approvals including, but not limited to, State of Vermont Land Use Permit No. 4C0643 and State of Vermont Subdivision Permit No. EC-4-1183, and the amendments to all such permits and approvals affecting the Premises. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD all right and title in and to said quit -claimed premises, with the appurtenances thereof, to the said Grantee, RENE J. BERARD, and his heirs, successors and assigns forever. AND FURTHERMORE, the said RANDY M. BERARD, does for himself and his heirs, successors and assigns, covenant with the said RENE J. BERARD, his heirs, successors and assigns, that from and after the ensealing of these presents he will have and claim no right, in, or to the said quit -claimed premises. 84 IN WITNESS WHEREOF, RANDY M. BERARD hereunto sets his hand and seal this Z� day of November, 1998. ` IN THE PRESENCE OF: 71 ��_ Witness 7 RANDYXI.BERARD STATE OF VERMONT CHITTIFNDEN COUNTY, SS. At t AA;A+ , Vermont, this Z3 ay of November, 1998, RANDY M. BERARD personally appeared, and acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me J_ rn"' Notaryublic My commission expires: Vermont Property Transfer Tax 32 V.S.A. Crap 231 ��pGEMEt�T-- tic A K ►� PAI➢ pC)1 S�➢ Of HEA�TK CER7. %EG O Vt;lSttf CERT "' A ClecR r'uc-k—E- State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT Case Number: WW-4-1636-1 PIN: EJ85-0002.16 Landowner: Rene J. Berard Address: P.O. Box 9333 South Burlington VT 05407 LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 16, 2002 This project, consisting of amending Water Supply & Wastewater Disposal Permit #WW-4-1636 to connect an existing floor drain within the existing commercial building for use to convey vehicle runoff served by municipal water and wastewater services, located on 63 Ethan Allen Drive in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. This does not constitute approval under Act 250 case number 4C0643. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor & Industry — telephone (802) 828-2106 or (802) 879-2300 and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the plans sht. no. 1 "Rene J. Berard Lot 37 Topographic Site Plan" dated 8-13-03 last revised 9-4-03 prepared by Lamoureux & Dickinson Consulting Engineers, Inc. which have been stamped "approved" by the Wastewater Management Division. 3. The project shall not deviate from the approved plans in a manner, which would change, or affect the exterior water supply or wastewater disposal, building location or the approved use of the building without prior review and written approval from the Wastewater Management Division. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within thirty, (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. All conditions set forth in Water Supply & Wastewater Disposal Permit #WW-4-1636 shall remain in effect except as modified or amended herein. 6. The Wastewater Management Division now reviews the water and wastewater disposal systems under 10 V.S.A., Chapter 64 — Potable Water Supply and Wastewater System Permit. Wastewater System and Potable Water Supply Permit WW-4-1636-1 Rene J. Berard Page 2 7. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations. 8. A copy of the approved plans and this permit shall remain on the project during all phases of construction, and upon request, shall be made available for inspection by State or local personnel. WASTEWATER DISPOSAL 9. The project is approved for wastewater disposal by the construction of a floor drain connection to the municipal wastewater treatment facility as depicted on the approved plans. The project is approved for a maximum of 25 gallons of wastewater per day of discharge from the floor drain. The Wastewater Management Division shall allow no other method, or location of wastewater disposal without prior review and approval. 10. This permit issued by the Wastewater Management Division shall be valid for a substantially completed potable water supply and wastewater system upon receipt by the Division of a certification from a designer or installer, signed and dated, that states: "I hereby certify that, in the exercise of my reasonable professional judgment, the installation -related information submitted is true and correct and the wastewater system has been installed in accordance with the permitted design and all permit conditions, was inspected, properly tested, and has successfully met those performance tests." This shall include the connection of the floor drain to the municipal sewer system. Dated at Essex Junction, Vermont on September 26, 2003. Jeffrey Wennberg, Commissioner Department of Environmental Conservation Ernest Christianson Regional Engineer C For the Record South Burlington Planning Commission & Select Board Lamoureux & Dickinson Consulting Engineers, Inc. Act 250 District Environmental Commission #4 Department of Labor & Industry Enforcement Division Esther Lotz, HighPoint Realty State of Vermont 1� Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation September 16, 2003 Rene J. Berard P.O. Box 9333 South Burlington VT 05407 AGENCY OF NATURAL RESOURCES Wastewater Management Division Essex Regional Office I I I West Street Essex Junction, VT 05452 Telephone: (802) 879-5656 RE: WW-4-1636-1, Ethan Allen Farms Ind. Subdivision Connect existing floor drain to municipal sewer 25 gpd for vehicle runoff in previously approved commercial building., 63 Ethan Allen Drive, South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on September 9, 2003, including a fee of $115.00 paid by check #4866. Under the performance standards for this program, we have a maximum of 30 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Division of Wastewater Management Irene Roberge DEC Regional Office Coord cc: Planning Commission Leonard Lamoureux Esther Lotz/HighPoint Realty AGENCY OF NATURA. tSOURCES (ANR) AND ENVIRONMER BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE -APPLICATION REVIEW �Z RESPONSE DATE p PENDING APPLICATION # liX0 J(o 3!0 - / DISTRICT 4 6, or 9_ TOWN Sn_ ' 4ay,_, PIN #_ OWNER OF PROJECT SITE: NAME: �Cr—� APPLICANT OR REPRESENTATIVE: NAME: ADDRESS: ADDRESS: 33 1 TELEPHONE: �50 a -S y 9 TELEPHONE: Project Name: jv Ati"", Based on a written or oral request and/or information provided by a project was reviewed on a tract/tracts of land of _acres, located on is generally described as: �r J�o �hC t rir�2c � r` JTavy-, 4ro o- Prior Permits From This Office: C=C-L4 `11083 tA,-4-165b ,,{Cc(o43 PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION �jr�> The project [ ] I hereby request a jurisdictional opinion from the District Coordinator or Assistant District Coordinator regarding the jurisdiction of 10 V.S.A. Chapter 151 (Act 250) over the project described above. Jeff McMahon Permit Specialist 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LANDOWNER/AGENT, OR OTHER PERSON. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)) Commercial, residential or municipal projecjr' �" Hs the landowner subdivided before? When/where/# f lots AN ACT 250 PERMIT IS REQUIRED: 't YE NO; Copies sent to Statuto Parties: YES ,- NO BASIS FOR DECISION: / ". _ / SIGNATURE: DATE: a3 ADDRESS: Environmental Commissions Districts #4, 6 & 9 District oordinator Telepho e. 8 879-5614 111 West Street, Essex Junction, VT 05452 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED YES NO Wastewater System & Potable Water Supply Permit Notice of Permit Requirements EPR 1-403 Floor Drains to a UIC well REGIONAL ENGINEER ASSIGNED: Ernest Christianson (879-5675), Jessanne Wyman (879-5673), William Zabiloski (879-5672) Dolores LaRiviere (879-2341) SIGNATURE: DATE. 9 Is a3 ADDRESS: Agency of Natural Resources �Environm4alsistfaDnce Division, Permit Specialist, 802 879-5676 Dept. of Environmental Conservation Wastewaent Division, Telephone: 802 879-5656 111 West Street, Essex Junction, VT 05452 OVER»»»»» b � THIS IS A PRELIMINARY, NON-BINuING DETERMINATION REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: _ Discharge Permit; pretreatment permits; industrial, municipal Indirect Discharge Permits Residuals Management 4. AIR POLLUTION CONTROL DIVISION, ANR (888 520-4879) Contact: _ Construction/modification of source _ Open Burning —Wood Chip Burners (>90 HP) _ Furnace Boiler Conversion/Installation Industrial Process Air Emissions _ Diesel Engines (>450 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) (800 823-6500 in VT) Contact: New Hydrants >500' of waterline construction Community Water System (CWS) Bottled Water Transient Non -Community water system (TNC) Capacity Review for Non -transient non -community water systems (NTNC) 6. WATER QUALITY DIVISION, ANR Contact: River Management (241-3770) Stormwater Permits (state and federal ) Hotline (241-4320) Shoreland encroachment (241-3777) Aquatic nuisance control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate (241-3770) Stream Alteration (751-0129/879-5631/786-5906) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous Waste Handler site ID (241-3888) Underground Storage Tanks (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Asbestos Disposal (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) Composting Facilities (241-3444) Waste oil burning (241-3888) Used septic system components/stone 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) Contact: SMALL BUSINESS AND MUNICIPAL COMPLIANCE ASSISTANCE Contact: Judy Mirro or John Daly 802 241-3745 RECYCLING HOTLINE (1-800-932-7100) Contact: 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office 879-2300 Contact: Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification (Phil Comock) Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (1-800 649-2642) Residential care homes (241-2345) (Dept. of Aging & Disabilities Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2053) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2710) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE (800 675-9873) Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. VERMONT ENERGY CODE ASSISTANCE CENTER TOLL FREE 888-373-2255 VT Building Energy Standards 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste OCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, 8 Carmichael St.,Suite 205, Essex Junction, VT 05452 (802) 872-2893 24. OTHER: sections #3424 above have been completed by Permit Specialist Jeff McMahon Date: Ig �__ I maybe reached at 879-5676 opC ies have been mailed to: REVISED 3/13103 State of Vermont WATER RESOURCES BOARD FYI Re: Rene Berard Docket No. CUD-03-14 CHAIR'S ORDER The parties to this appeal are the Appellant, Rene Berard, and the Vermont Agency of Natural Resources (ANR). On September 3, 2003, the Board received a letter from the Appellant withdrawing his appeal and advising that ANR has no objection to the withdrawal of this appeal. Accordingly, it is hereby Ordered: 1. The above -captioned appeal is hereby dismissed. 2. The filing deadlines beginning September 4, 2003 established by the Prehearing Conference Report and Order issued in this matter on August 14, 2003 are hereby cancelled. 3. Pursuant to Board Rules of Procedure 23 and 24, any Objections to this Order must be filed within ten (10) days after today's date. Dated at Montpelier, Vermont, this 4th day of September, 2003. WATER RESOURCES BOARD By its Chair 1 :, �'Ahe, Chair I'Adanield\Berard\Chair's Order 2.wpd i ,y CERTIFICATE OF SERVICE I hereby certify that on this 4`" day of SEPTEMBER, 2003, the foregoing CHAIR'S ORDER, regarding In re: Appeal of Rene Berard, CUD-03-14 was sent first class mail, postage prepaid to the following: PARTIES OF RECORD Rene Berard by David WM Conard, Esq. Little, Cicchetti & Conard, PC P.O. Box 907 Burlington, VT 05402-0907 i Warren Coleman, Esq. Agency of Natural Resources Center Building j 103 South Main Street Waterbury, VT 05671 and David C. Englander, Esq. I Agency of Natural Resources Center Building 103 South Main Street Waterbury, VT 05671 FOR YOUR INFORMATION Cathy O'Brien Cathy O'Brien Wetland Consulting f 839 Oak Hill Road Williston, VT 05495 City of South Burlington c/o City Clerk Planning Commission Selectboard 575 Dorset Street South Burlington, VT 05403 South Burlington Natural Resources Commission c/o Shelly Snyder, Chair 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Commission 30 Kimball Avenue, Suite 205 South Burlington, VT 05403 John & Joyce Belter, Jr. 2 Country Club Drive South Burlington, VT 05403 Marty Lefebvre US Army Corps of Engineers 8 Carmichael Street, Suite 205 Essex Jct., VT 05452 John Austin Department of Fish and lAlildlife 5 Perry Street, Suite 40 Barre, VT 05641 Karen Dup4At Administrative Secretary Water Resources Board National Life Records Center Building Drawer 20 Montpelier, VT 05620-3201 F:\Karend\WRBAPEAL\2003\cud-03-14\certofser vicempd rll C �o \ C� e N �O q0 EDGE OF CLASS 2 WETLAND 01 DELINEATED n�J BY CATNY O'BREN IN FALL 20LA LOCLOCATIONLOTT OF WETLAND TAKEN FROM A PLAN PROVIDED I \ BY THE FORME WETLAND MINEAW WAS \ NOT PERFORMED OR FIELD LOCATED BY THIS \ OFFICE. \ �• ��N1 Icr 'JO \�\ nati � AD �%IS11NG PAVEMENT TO BE REMOVED �%YY. LIMITS OF f00 YEAR i100D PLAIN I I 0, (ELEW21B) \ eYa I Nipf i I t \ I 4 OPEN SPACE \ I I BELTER I \BF` PAVED LOADING AREA EXISTING PAVEMENT TO BE REMOVED. AFTER REMOVAL OF EXISTING PAVEMENT AND GRAVEL SUBBASE. REGRAO TO PROVIDE POSITIVE DRAINAGE WTH A MINIMUM OF 4- OF TOPSOIL. SEED AND MIACH. EXISTING SHIN RM � 222.86 PARCEL DATA EX6nu0 PROPOSED ALLOWED BURINNG COVERAGE 0.14 AC (13X) 0.14 AC (13X) 40% MAXIMUM TOTAL LOT COVERAGE 0.56 AC (SOX) 0.49 AC 1MX) ]OX MAXIMUM ETHAN ALLEN DRIVE FRONT YARD COVERAGE 3,149 SF (31%) 3.023 A (30X) 30X MAXIMUM COMMERCE AVENUE FRONT YARD COVERAGE 1025 SF (27%) 1025 SF (27X) 30% MAXIMUM OPEN SPACE 0.56 AC (5OX) 0.63 AC (56%) N/A TOTAL AREA 1.12 ACRES EXISTING ELECTRIC PAD AND - TELEPHONE PEDESTAL 1 ETHAN ALLEN DRIVE AIW M i/ PAVED DRIVE & PARKING AREA ELEC. ARV. n �- W/ METER LOADING DOLLMD DOCK (TYP,) LOT 37 EXISTING COMMERCIAL BUILDING 6,000 SF FFE = 223.6 •`mac Au'- MR 12" RCPOO 12" RCP 51-- ST -0a- RM YI STORAGE'\ \ �, SNOW STORAGE N/ F � I i / EXIST COVERED MECHANICAL \♦ t \ I. '6 SNOW STORAGE ` I UATM CONCRETE PAD lifl— \ I UEXISTING / \ TILITY POLES ♦ \ I \ I � LEGEND \\ \ APPROXIMATE PROJECT PROPERTY UNE\ .....----"— - ABUTTING PROPERTY ME SETBACK LINE \ EASEMENT LANE \ CONCRETE CURB \ I - STORY LINE & CATCH BASIN •�....-.- - --.-- SEWER LINE & MANHOLE \ ffi W WATER LINE & HYDRANT EXISTING CONTOUR OHW— EXISTING UTILITY POLE NTH GUY WIRE AND OVERHEAD WRES a CONCRETE MONUMENT ID EXISTING BLINDING MOUNTED LIGHT FIXTURE .6 SIDEWALK I 1 — TELE. ARV. — GAS METERRED �• �— ��W ny�W, �. CEDAR HEDCE "`Ltt.NNN - Lo uau 1\ \ LOT (36 PAYED DRIVE & PARKING AREA I i RIVERSIDE AUTOBODY BILL & LINDA HANF N /F GRAPHIC SCALE N (M�f) 1 LWc& . 20 R L __ ST 12" RCP THE CONTRACTOR SHALL NOTIFY 'DIGSAFE- AT -----= 1-868—DIG—SAFE PRIOR TO ANY EXCAVATION. 22 HI . � PROJECT DATA OWNER - RENE J. BERARD TAX MAP PARCEL - 0435-00063C DEED REFERENCE: VOL 452. PACE 392 PROJECT PARCEL - 45.596 S.F. (1.04 ACRES) ZONING - MIXED INDUSTRIAL AND COMMERCIAL JOSEPH P. & SEAN P. KELLY N/F SETBACKS FROM 30 FT RE 30 FT OR SDELINE OF POWER EASEMENTS WATER SERVICE - MUMGPAL SERVICE FROM EXISTING MAN LOT38 I SEWER SERVICE - MUNICIPAL SERVICE FROM EXISTING STUB 1. THE 1. PURPOSE OF THIS PLAN IS TO PRESENT 11E EXISTING SIZE IXRPL ONDIOPE THIS PLAN IS NOT A PROPERTY AT AND IS NOT INTENDEDIENOEO FOR PROPERTY CONVEYANCE. 2. SITE FEATURES SHOWN ON THIS PLAN ARE BASED UPON A FIELD SURVEY BY THIS OFFICE. THE SEWER AND WATER SERVICES SHOWN ARE 1 BASED UPON THE DESIGN PLAN BY J.G. ARCHITECTS, INC. DATED FEBRUARY 28. 1997. T HO - PELECTRIC PAO PND TEL PHONE PEDESTAL 3. ALL UTILITIES ARE NOT SHOWN ON THIS PLAN. ADDITIONAL OU UNDERGRNDD LINES AND SERV NOT SHOWN IONS PLAN V EXIST M THE $LIE, CONTACT DGSAFE PRHXt TO ANY EXCAVATION. SITE. C PRIOR 4. BOUNDARY INFORMATION SHOWN ON THIS PLAN IS APPROXIMATE AND EXIST14G CATV PEDESTAL IS BASED UPON: -OVERALL SITE PLAN - ETHAN ALLEN FARMS INDUSTRIAL SUBD1MS10N. PHASE 3. LOTS 22-42- BY FITZPANOCK-LLEWELLYN. INC. UST REVISED ON AUGUST !. 1988. 'ETHAN ALLEN FARM INDUSTRIAL SUBDIVISION, LOTS 9-21' BY WARREN A ROSE STEW L.S. DATED AUGUST 1985 'PLAT OF LOTS 1-8. ETHAN ALLEN FARM- BY FITZPATRICX-LLEWELLYN, INC.. LAST REVISED ON DECEMBER. 6. 1984. 5. THE 100 YEAR FLOOD PGIN INFORMATION WAS TAKEN FROM THE -OVERALL SITE PLAN - MAN ALLEN FARMS INDUSTRIAL SIBDIVISIM- NOTED ABOVE. 6. TARS PROPERTY MAY BE SUBJECT TO ADDITIONAL UTILITY EASEMENTS NOT SHOWN ON THIS PLAN. APPROVED BY RESOLUTION OF TIME DEVELOPMENT REVIEW BOARD OF THE CITY OF SOUTH BURLINGTM. OWNER / APPIdCANT VERMONT. ON TNE_DAY OF 2OU3 SUBJECT TO THE REOUNEYENTS AND CO4OlN]NS OF SAID RESOLUTION. SIGNED THIS _ DAY RENE J. BERARD OF 2OD3 BY P.O. �BOWgX �93L3�i3B IIojBuipngsouSB(M1LIlfBj. VT 05407 (CLERK OR CHAIRMAN) M a .7 f" • Y V� £OOZ l C gad a 3 A I E]0 3 MEMO South Burlington Planning &Zoning To: Filer From: JBH RE: 63 EthA Allen Drive Floor Drains Date: September 2, 2003 cc: George Dow I spoke today with George Dow regarding the sale of the 63 Ethan Allen Drive property and connection of the floor drains to the municipal sewer system. Prior to issuance of a zoning permit, George needs to get details on the type of business proposed and the design of the floor drains to ensure that proper oil/grease separators and other equipment are installed. An allocation of 25 gpd for the floor drains has been issued, but the nature of the flows and drains needs to be approved by WPC. When a ZP application is filed, please be sure to call George. Thanks! CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 9, 2003 Rene J. Berard P.O. Box 9333 South Burlington, VT 05407 Re: 63 Ethan Allen Drive -Pavement Removal Dear Mr. Berard: Enclosed, please find a copy of the Findings of Fact and Decision on the above referenced project issued on September 9, 2003. Please note the conditions of approval. If you hayer gy questions, please feel free to contact me. Ye 1z;' rd R ' monei J. Belair Administrative Officer Encl. DEPARIT 19 +1`IT OF PL2'-1� U� ,TUiACT & ZONI NOS 575 DO.RSET S=ET SO= Bt,TRLLNGTOl,i, V'ERMO vT 05408 (802) 846-4106 FAX (802)846-4101 Permit i Tumber SP- APPLICATION FOR SITE PLAN All information requested on this application must be completed in U, .failure to provide the requested information either an this application form or on the site plan will result in your application being rejected and a delay in the review before the Development .review Board. 1) 0- WATER OF RECORD, (Naane as shwAm on deed, mailing address, phone and fax 4) Rene J. Berard PO Box 9333, So. Burlington, VT 05407 Phone: 862-5749 Fax: 860-1890 2) LOCATTOIN OF LAST RECORDED DEED (Book and page 4) Volume 408 Pages 588-590 a) APPLTCANT (Name, mailing address, phone and fax 4) Same as #1 above. 4) CONTACT PERSON ('Name, mailing address, phone :and fax 4) Same as #1 above. 5) PROJECT STREET ADDRESS: 63 Ethan Allen Drive, So. Burlington VT 6) TAX PARCEL TD 4 (ears be obtained at Assessor's O#fiee) 0640-00063. 7) T ROIJ E,C T DESC''�,'IPTION a.) E: sting Uses on Property (including description and size of each separate use) 6000 sf commercial building with related parking, loading & drive b) f-roposed UUses on property (include description and size of each new use and existing uses to remain) No proposed change inuse c) Total building square footage on property (proposed buildings and existing buildings to remain) 6000 sa ft d) Height of bading ,& number of floors (proposed buildings and existing buildings to remain, specify if basement and. mezzanine) 20 ft e) i durnber of residential units fif applicable, new units and existing units to remain) fa T�Nuar leer of ee ployees & company vf!hieleS (existing and proposed, note office versus non -office employees) No proposed change (building currently un—occupied) a) 0-ther (I ist a omer =nnado-n pei r- --1 ent p 0 ap licaribn not s-pecifcaily requested above, please note if Overlay Dismricts are applicable): I Class 2 wetland and buffer located on rear of lot 8) LOT COVERAGE a) Building. Eldsting 13 % Proposed 13 % b) Overall (building, parlLng, outside storage, etc) Eidsting 50 .% . Proposed 44 % c) Front yard (along each street) Emdsting 3 3 % Proposed 33 0/6 9) COST ESTDAATF-S a), Building (including interior renovations): $ N/A b) Landscaping: $ N/A Other site improvements (please list -,Mth cost): 10) ESTDAA= TRAFFIC a)A-#,reragge daily tragic for entire property (M and out): no change b) A -A& Peak hour for entire property (in and out): no change c) 11.21VL'Peak hour :for entire property (In and out): no c h a n g 11) PEATKIHOURSOFOPERATIONT: 12) PEAK DAYS OF OPERA-770IN: 13) ESTIIVfA'-rED PROJECT COIvIP=T- ION DATE. 14) S =1 PLAIN AND FEE * see also prior Site Plan approval �k site plan shall be submitted ;Vnich shows the infbrmation listed on Eibit A attached. live (5) reggWar sizze copies and one reduced copy (I V 7, 17") of the site plan must be submitted A site plan application fee shall be pai'd to the City at the time ol'submitting the site plan appikation (see Exhibit 1 -A). i hereby cer,-..hat all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SI NAZUR5 OF APPLICANT SIGNATUP17- OF PROPERTY OWNER Do not write below this line DATE OF SUBMSSION: REVIEW AUTHOR171: � Development Review Board Director, Planning & Zoning I have reviewed this site plan application and find it to be: 2/complete � 11 incompiete of ftnning she Zoning or Designee EI:CHIBITL A S=,-- PLA�N, The -5011owing L-iformation must be shogun on the site plan. Please submit. Eve (5) copies and one reduced copy (I I " x 17") of &,e site plan. Failure to provide the following information will result In your application being rejected and a delay in the review before the Development -R -1 Review Board. • Lot drawn to scale (20 feet scale if possible) • Survey data (distance and acreage) 0 Contours (existing and coshed) • Proposed landscaping schedule (number, variety and size) as required, in Section 26.105 of the zoning regulations • Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping • Existing and proposed curb cuts, pavement, waik-,vays • Zoning boundaries • Number and location of parting spaces (as required under Section 26.25 of the zoning regulations) • Number and location olfhandicapped spaces (as required under Section 26.253(a) of the zoning regulations) • Location of septic tanks (if applicable) ,o Location of any easements • Lot coverage information: Building footprint, total lot, and front yard • North arrow • Name of person or fim. preparing site plan and date • Exterior lighting details (cut sheets). All lights should be do-4m casting and shielded. • Du mpster locations. (dumpsters must be screened) o Bicycle rack, as required under Section 26.253(b),of the zoning regulations o If Restaurant is proposed, provide numb, er seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE New Application * includes S 10.00 recording fee 14 Morse Drive Essex )unction, Vermont 05452 MOUREUX & DICKINSON - Consulting Engineers, Inc. August 20, 2003 Raymond J. Belair Administrative Officer Department of Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: 63 Ethan Allen Drive Site Plan Amendment Dear Ray: (802) 878-4450 Fax (802) 878-3135 We are writing on behalf of Rene Berard regarding the existing commercial site development located at 63 Commerce Avenue. A 6,000 sf commercial building with related paved drives, parking, and loading area are presently located on this parcel. This site was previously leased to Mountain Air Systems, but is currently vacant. We are requesting administrative Site Plan Amendment approval for the removal of approximately 3,300 sf of pavement surface at the rear of the existing building. There are no proposed changes to other existing site improvements or landscaping. There are also no changes to the previously approved sewer, water, or traffic allocations. The enclosed Site Plan presents the setbacks established in the current Land Development Regulations. These setbacks differ from those in effect at the time of the initial Site Plan approval. We have enclosed a Site Plan review application, $185 fee, five full size and one reduced copy of the Site Plan. Please call our office with any questions. Sincerely, Andrew Rowe P.E. cc: Rene Berard David Connard PA2003\03096\site plan amend cover letter.wpd Civil • Environmental • Transportation • Planning • Landscape Architecture • Land Surveying A LAAOUREUX & DICKINSON Consulting Engineers, Inc. 14 Morse Drive Essex Junction, VT 05452 Tel. (802) 878-4450 Fax (802) 878-3135 LDengineering.com • Engineering • Planning • Surveying • Soils • Wetlands • Landscape Architecture • TRANSMITTAL ❑ Mail ❑ Fax X Hand carried ❑ To be picked up ❑ Courier service TO: Ray Belair FROM: Andy Rowe ADDRESS: DATE: August 21, 2003 RE: FAX NO.: PROJECT NAME: 63 Ethan Allen Drive PROJECT #: 03096 COPIES DATE SHEET DESCRIPTION X Plans 5 8-21-03 1 Topo Site Plan Shop drawings Report Copy of letter Change order COMMENTS: As we discussed, we have made the following revisions: - snow storage areas have been added to the plan - the front yard coverage has been calculated separately for Ethan Allen Dr. and Commerce Ave. - the new AC condenser pad has been removed from the Commerce Ave side of the building. Instead, the existing unit, located outside the 10' side yard setback, will remain. - the individual parking spaces have been shown We have enclosed revised plans - Please call with any questions. Specifications Disk For your review X For your use For comment As requested F.Y.I. For execution Signature: Andy COPY TO: ❑ Front Office Copy ❑ Project File Copy revised 3/19/99 Q:\Transnnual.wpd CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & GONE'1G 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FA-' (802) 846-4101 April 11, 2002 Mr. Julian Goodrich P.O. Box 2166 Burlington, VT 05407-2166 RE: Site Plan Permit for 63 Ethan Allen Drive Dear Mr. Goodrich, Enclosed are the Findings of Fact approving the proposed site plan amendment for the property at 63 Ethan Allen Drive. Please be sure to read the decision carefully. You will note that before issuing a zoning permit, the City will need a landscape bond for $6,000, valid for three years, and a site plan showing the locations and species used for the landscaping. You will also see the condition that no Certificate of Occupancy will be issued unless and until the HVAC equipment, concrete pad and metal overhang at the rear of the building are removed. Please call anytime if you have further questions. Sincerely, j'uli Beth Hoover, AICP Director of Planning & Zoning cc: Mr. Rene Berard Ray Belair, Administrative Officer State of Vermont WATER RESOURCES BOARD Re: Rene Berard Docket No. CUD-03-14 CHAIR'S ORDER Pursuant to Water Resources Board Rule of Procedure 4, it is hereby Ordered that Associate General Counsel Daniel D. Dutcher is appointed as referee for the purposes of conducting the first prehearing conference and issuing the first prehearing conference report and order in the above -captioned matter. Any objections to this order shall be filed no later than August 21, 2003. Dated at Montpelier, Vermont, this 7th day of August, 2003. WATER RESOURCES BOARD By its Chair FAdanield\Berard\Chair's Order (.wpd CERTIFICATE OF SERVICE hereby certify that on this 7" day of AUGUST, 2003, the foregoing CHAIR'S ORDER, regarding In re: Appeal of Rene Berard, CUD-03-14 was sent first class mail, postage prepaid to the following: Rene Berard by j David WM Conard, Esq. 1 Little, Cicchetti & Conard, PC ! P.O. Box 907 j Burlington, VT 05402-0907 Rene Berard P.O. Box 9333 South Burlington, VT 05407-9333 Cathy O'Brien Cathy O'Brien Wetland Consulting 839 Oak Hill Road Williston, VT 05495 City of South Burlington c/o City Clerk Planning Commission Selectboard 575 Dorset Street South Burlington, VT 05403 South Burlington Natural Resources Commission C/o Shelly Snyder, Chair 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Commission 30 Kimball Avenue, Suite 205 South Burlington. VT 05403 Robert & Lynda Shand 5 Ethan Allen Drive South Burlington, VT 05403 Thompson Leasing, LLC P.O. Bo x 1096 Troy, NY 12181 Stephanie B. Barrett 94 Liberty Avenue Colchester, VT 05446 Terry Riggs Commerical Piping, Inc. 18 Line Rock Road South Burlington, VT 05403-5836 John & Joyce Belter, Jr. 2 Country Club Drive South Burlington, VT 05403 Kenneth Smith 81 Ethan Allen Drive South Burlington, VT 05403 KPS 81/49 Properties, LLC 81 Ethan Allen Drive South Burlington, VT 05403 Alan Brusoe & Ann Soutiere 11 Mayfair Street South Burlington, VT 05403 Lowell T. Spillane, Jr. 336 Tamarack Shores Shelburne, VT 05482-6003 Hanf RE CO 767 Jim Swire Road Bristol, VT 05443 Vermont Natural Resources Council 9 Bailey Avenue Montpelier, VT 05602 Mark Lefebvre US Army Corps of Engineers 8 Carmichael Street, Suite 205 Essex Jct., VT 05452 John Austin Department of Fish and Wildlife 5 Perry Street, Suite 40 Barre, VT 05641 Mark Ferguson Nongame & Hertiage Program 10 South - 103 South Main Street Waterbury, VT 05671 Warren Coleman, Esq. Agency of Natural Resources Center Building 103 South Main Street Waterbury, VT 05671 Glenn Gross, Esq. Agency of Natural Resources One South 103 South Main Street Waterbury, VT 05671 17 Karen uuporit' Administrative Secretary Water Resources Board National Life Records Center Building Drawer 20 Montpelier, VT 05620-3201 F:\Karend\WRBAPEAL\2003\cud-03-14\certofse rvice.wpd State of Vermont WATER RESOURCES BOARD Re: Rene Berard Docket No. CUD-03-14 NOTICE OF PREHEARING CONFERENCE On June 18, 2003, the Department of Environmental Conservation (Department), Agency of Natural Resources (ANR), denied an application for a Conditional Use Determination (CUD) filed by Rene Berard (Applicant). The application sought an after -the - fact CUD to allow the construction of a parking lot and an access drive that have been constructed in the fifty -foot buffer zone of a Class Two wetland. The wetland and buffer zone are located on Lot 37 in Ethan Allen Industrial Park in South Burlington, Vermont. The CUD was denied because ANR determined that the project unduly failed to avoid, minimize, or mitigate adverse effects on the significant wetland functions. t On July 18, 2003, the Applicant appealed the CUD denial to the Water Resources Board (Board). The appeal was timely filed pursuant to 10 V.S.A. § 1269 and docketed as indicated above. The Notice of Appeal alleges that "The Department erred in denying the y Applicant a CUD because the Department relied upon a presumption of adverse impact, despite the fact that the record demonstrates that the project has no adverse impact on the adjoining Wetland." Pursuant to Board Rule of Procedure 28, the Board's Chair, David J. Blythe, will convene a prehearing conference for the purpose of meeting with the Applicant and ANR, clarifying the issues in dispute, identifying any preliminary issues, determining party status, setting a schedule for filings, and taking such other action as necessary to prepare for a hearing on the merits. This prehearing conference will be held on Wednesday, August 13, 2003, at 1:00 p.m. at the Board's Conference Room in the National Life Records Center Building, Montpelier, Vermont. (Directions to the Board's offices are available upon request.) Persons (other than the Applicant) seeking to participate as parties in this appeal shall file written notices of appearance and requests for party status no later than 4:30 p.m., Monday, August 11, 2003. Persons (including the Applicant) seeking to participate as parties in this appeal shall attend the prehearing conference prepared to identify issues, proposed witnesses, and exhibits to be presented. Persons (including the Applicant) not able to attend the prehearing conference, but who wish to participate as parties, must notify the Board in writing no later than 4:30 p.m., Monday, August 11, 2003, of their intentions to appear at the hearing, their reasons for seeking party status (except for the Applicant), the issues they intend to address, and the witnesses and exhibits they intend to present. Furthermore, those persons or entities not identified in Board Rules of Procedure 25(B)(1)-(5) who will be petitioning the Board for party status should be prepared in their written filings to discuss each of the Re: Rene Berard, No. CUD-03-14, Notice of Prehearing Conference (Vt. Water Res. Bd. July 31, 2003) Pa2c 2 requirements for intervention as set forth in Board Rules of Procedure 25(A)(1)-(3); (B)(6)-(8); and/or (C), as appropriate. The Chair will consider the requests for party status and will memorialize party status and other rulings in a written prehearing conference report and order, which shall be binding on all persons who receive this notice, whether or not they attend the prehearing conference. Any person who does not notify the Board of his or her intention to participate in the appeal as required above will be presumed to have waived his or her rights to further notice and may be excluded by the Board from participating in these proceedings. Any questions or filings regarding the above -referenced appeal should be directed to Daniel D. Dutcher, Associate General Counsel, Water Resources Board, National Life Records Center Building, Drawer 20, Montpelier, VT 05620-3201 (802-828-3063). Dated at Montpelier, Vermont this 31st day of July, 2003. F:\danield\Berard\Notice PHC.wpd CERTIFICATE OF SERVICE I hereby certify that on this 31st day of JULY, 2003, the foregoing NOTICE OF PREHEARING CONFERENCE, regarding In re: Appeal of Rene Berard, CUD-03-14 was sent first class mail, postage prepaid to the following: Rene Berard by David WM Conard, Esq. Little, Cicchetti & Conard, PC P.O. Box 907 Burlington, VT 05402-0907 Rene Berard P.O. Box 9333 South Burlington, VT 05407-9333 Cathy O'Brien Cathy O'Brien Wetland Consulting 839 Oak Hill Road Williston, VT 05495 City of South Burlington c/o City Clerk Planning Commission Selectboard 575 Dorset Street South Burlington, VT 05403 South Burlington Natural Commission c/o Shelly Snyder, Chair 575 Dorset Street Terry Riggs Commerical Piping, Inc. 18 Line Rock Road South Burlington, VT 05403-5836 John & Joyce Belter, Jr. 2 Country Club Drive South Burlington, VT 05403 Kenneth Smith 81 Ethan Allen Drive South Burlington, VT 05403 KPS 81 /49 Properties, LLC 81 Ethan Allen Drive > South Burlington, VT 05403 James A. Barron 8 Aspen Lane Williston, VT 05495 Alan Brusoe & Ann Soutiere Resources 11 Mayfair Street South Burlington, VT 05403 South Burlington, VT 05403 Chittenden County Regional Commission 30 Kimball Avenue, Suite 205 South Burlington, VT 05403 Robert & Lynda Shand 5 Ethan Allen Drive South Burlington, VT 05403 Thompson Leasing, LLC P.O. Bo x 1096 Troy, NY 12181 Stephanie B. Barrett 94 Liberty Avenue Colchester, VT 05446 Thomas B. Chastney 12 Whiteface Street South Burlington, VT 05402 Lowell T. Spillane, Jr. 336 Tamarack Shores Shelburne, VT 05482-6003 Hanf RE CO 767 Jim Swire Road Bristol, VT 05443 Vermont Natural Resources Council 9 Bailey Avenue Montpelier, VT 05602 Mark Lefebvre US Army Corps of Engineers 8 Carmichael Street, Suite 205 Essex Jct., VT 05452 John Austin Department of Fish and Wildlife 5 Perry Street, Suite 40 Barre, VT 05641 i Mark Ferguson Nongame & Hertiage Program 10 South - 103 South Main Street Waterbury, VT 05671 Warren Coleman, Esq. ;Agency of Natural Resources Center Building 103 South Main Street Waterbury, VT 05671 Glenn Gross, Esq. Agency of Natural Resources One South 103 South Main Street Waterbury, VT 05671 Karen Dupor Administrative Secretary Water Resources Board National Life Records Center Building Drawer 20 Montpelier, VT 05620-3201 F:\Karend\WRBAPEAL\2003\cud-03-14\certofse rvicempd Mailing Address: National Life Records Center Drawer 20 Montpelier, VT 05620-3201 State of Vermont Water Resources Board Tel: (802) 828-3309 July 24, 2003 David W.M. Conard, Esq. Little, Cicchetti & Conard, P.C. 117 St. Paul Street P.O. Box 907 Burlington, VT 05402-0907 RE: Rene Berard, Docket No. CUD-03-14 Dear Mr. Conard: Fffy -MaA a, mmLocation: National Life Records Center Building Montpelier, Vermont This letter will acknowledge receipt at the Water Resources Board ("Board") office on July 18, 2003, of the appeal you filed regarding the issuance of Conditional Use Determination (CUD) No. 1996-370 by the Vermont Agency of Natural Resources (ANR), through its Department of Environmental Conservation. I have reviewed your filing and determined that it is substantially complete and has been filed in compliance with Rule 19 of the Water Resources Board's (WRB) Rules of Procedure. The appeal has been docketed at this office as CUD-03-14. Daniel Dutcher, Esq. is the Board Counsel assigned to these appeals. Accordingly, please direct all future correspondence in this matter to Attorney Dutcher. Attorney Dutcher can be reached by phone at 828-3063 and by e-mail at ddutcher@envboard.state.vt.us. Notice of the appeal and a prehearing conference will be published in a newspaper of general circulation in Chittenden County and you will be billed for the cost of publication in accordance with WRB Rule 22. Finally, I would note for your information that the Board's Rules of Procedure are available at http://www.state.vt.us/wtrboard/or by request from Karen Dupont (802-828-2870) at this office in printed form for a nominal charge to cover copying and postage costs. Sin-erely, a Jon Groveman Executive Officer cc: David J. Blythe, WRB Chair Daniel Dutcher, Esq. Certificate of Service F:\JongWcknowledgements\DFWBerardCUD.WPD CERTIFICATE OF SERVICE I hereby certify that on this 251h day of JULY, 2003, the foregoing LETTER OF ACKNOWLEDGMENT, regarding In re: Appeal of Rene Berard, CUD-03-14 was sent first class mail, postage prepaid to the following: Rene Berard by David WM Conard, Esq. Little, Cicchetti & Conard, PC P.O. Box 907 Burlington, VT 05402-0907 Rene Berard P.O. Box 2039 South Burlington, VT 05407 Cathy O'Brien Cathy O'Brien Wetland Consulting 839 Oak Hill Road Williston, VT 05495 City of South Burlington c/o City Clerk Planning Commission Selectboard 575 Dorset Street South Burlington, VT 05403 South Burlington Natural Resources Commission c/o Shelly Snyder, Chair 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Commission 30 Kimball Avenue, Suite 205 South Burlington, VT 05403 Robert & Lynda Shand 5 Ethan Allen Drive South Burlington, VT 05403 Thompson Leasing, LLC P.O. Bo x 1096 Troy, NY 12181 Stephanie B. Barrett 94 Liberty Avenue Colchester, VT 05446 Thomas B. Chastney 12 Whiteface Street South Burlington, VT 05402 Terry Riggs Commerical Piping, Inc. 18 Line Rock Road South Burlington, VT 05403-5836 John & Joyce Belter, Jr. 2 Country Club Drive South Burlington, VT 05403 Kenneth Smith 81 Ethan Allen Drive South Burlington, VT 05403 KPS 81 /49 Properties, LLC 81 Ethan Allen Drive South Burlington, VT 05403 James A. Barron 8 Aspen Lane Williston, VT 05495 Alan Brusoe & Ann Soutiere 11 Mayfair Street South Burlington, VT 05403 Lowell T. Spillane, Jr. 336 Tamarack Shores Shelburne, VT 05482-6003 Hanf RE CO 767 Jim Swire Road Bristol, VT 05443 Vermont Natural Resources Council 9 Bailey Avenue Montpelier, VT 05602 Mark Lefebvre US Army Corps of Engineers 8 Carmichael Street, Suite 205 Essex Jct., VT 05452 John Austin Department of Fish and Wildlife 5 Perry Street, Suite 40 Barre, VT 05641 Mark Ferguson Nongame & Hertiage Program 10 South - 103 South Main Street Waterbury, VT 05671 Warren Coleman, Esq. Agency of Natural Resources Center Building 103 South Main Street Waterbury, VT 05671 Glenn Gross, Esq. Agency of Natural Resources One South 103 South Main Street Waterbury, VT 05671 r Karen Dupo, Administrate Secretary Water Resources Board National Life Records Center Building Drawer 20 Montpelier, VT 05620-3201 F:\Karend\W RBAPEAL\2003\cud-03-14\certofse rvice.wpd STATE OF VERMONT WATER RESOURCES BOARD In the matter of: ) Rene Berard ) P.O. Box 2039 ) South Burlington, VT 05407 ) Case No. Appealed from: DEC ID # EJ85-0002.16 NOTICE OF APPEAL Rene Berard, ("Applicant"), by his Attorneys, Little, Cicchetti & Conard, P.C., pursuant to 10 V.S.A. § 1269, hereby appeals the denial of Conditional Use Determination by the Department of Environmental Conservation, dated June 18, 2003, in file # 1996-370 (copy attached). The Applicant sought the CUD to permit the maintenance of a portion of a parking area and access drive in the buffer zone adjacent to a Class Two Wetland. The Department erred in denying the Applicant a CUD because the Department relied upon a presumption of adverse impact, despite the fact that the record demonstrates that the project has no adverse impact on the adjoining Wetland. DATED at Burlington, Vermont this 18" day of July, 2003. LITTL ICCHETTI & C0NARD, P.C. By: David W. M. Conard Post Office Box 907 117 St. Paul Street Burlington, VT 05402-0907 (802)862-6511 In the matter of. Conditional Use Determination Section 8 - Vermont Wetland Rules Rene Berard PO Box 2039 South Burlington, Vermont 05407 Application for the construction of a parking lot and an access drive in the 50-foot buffer zone of a Class Two wetland South Burlington, Vermont File #: 1996-370 DEC ID#: EJ85-0002.16 The Vermont Agency of Natural Resources received application #1996-370 for a Conditional Use Determination. This application has been publicly posted through May 9, 2003 and notice sent to all parties as required by Section 8.3 of the Vermont Wetland Rules. No comments were received during the public comment period. Findings of Fact After careful examination of this application, the Agency finds: The Agency of Natural Resources received a complete application from Cathy O'Brien, wetland consultant, for Conditional Use Determination #1996-370 on April 1, 2003. 2. The wetland and its adjacent 50-foot buffer zone are located on Lot 37 in Ethan Allen Industrial Park in South Burlington, Vermont. 3. The subject property.is owned by Rene Berard, the applicant. 4. Cathy O'Brien, former District Wetlands Ecologist, conducted a site visit to the subject property with Julian Goodrich, the applicant's architect, on August 22, 1996. April Moulaert, District Wetlands Ecologist,. conducted a site visit to the subject property with Julian Goodrich on June 11, 2002. 5. The subject wetland is contiguous to a wetland identified as a palustrine forested wetland on the Vermont Significant Wetlands Inventory maps, and is therefore designated as a Class Two wetland by the Water Resources Board in the Vermont Wetland Rules, 6. This proposal involves the construction .of a parking lot and an access drive for a 6,000 square foot commercial building in the 50-foot buffer zone of a Class Two wetland on a 1.2 acre lot. i Berard Conditional Use Deternunation #1996-370 Page 2 These are conditional uses under the Vermont Wetland Rules. The project has already been built. The project impacted 2,500 square feet of the wetland's 50-foot buffer zone. The applicant is applying for an "after -the -fact" Conditional Use Determination. 7. The wetland on the subject property is part of an approximately 60 acre wetland complex that is an old oxbow of the Winooski River. According to aerial photos of the lot in question, the wetland was forested prior to 1974, when it was converted to farmland. Farming on the land ceased in 1986, and the land was subsequently converted into an industrial park. The wetland area on the lot is now dominated by herbaceous and emergent vegetation. Typical plant species in the wetland include reed canary grass, fowl meadow grass, goldenrods, purple loosestrife, soft rush, wooly bulrush, and cattails. The adjacent upland contains timothy grass, vetch, clover, chickory, reed canary grass, red top grass, quack grass, and goldenrod. A small stream flows through the wetland that drains into the Winooski River. The site is in a designated floodplain. Soils in the wetland are mapped as Limerick silt loams, and soils in the buffer zone are mapped as Winooski soils. 8. The applicant has submitted an application for a Conditional Use Determination with an undated plan prepared by John Belter and titled "Proposed Air Mountain Building." 9. The Agency finds that the protected functions of the wetland complex in question include at least the following: water storage for flood water and storm runoff (§5.1), surface and groundwater protection (§5.2), wildlife and migratory bird habitat (§5.4), and erosion control through binding and stabilizing the soil (§5.10). The surface, and groundwater protection (§5.2) function will be the primary focus of this Conditional Use Determination since this function in particular is impacted by the proposed action. 10. The Agency finds that the following functions are either not present or are present at such a minimal level as to not be protected functions: fisheries habitat (§5.3), hydrophytic vegetation habitat (§5.5), threatened and endangered species habitat (§5.6), education and research in natural science (§5.7), recreational value and economic benefits (§5.8), and open space and aesthetics (§5.9). 11. The wetland is significant for the surface water protection function because the wetland is in a depositional environment with erect, persistent vegetation and it is wider than 20 feet. The buffer zone protects the water quality function of the wetland by removing pollutants such as sand and blacktop detritus from stormwater runoff before it enters the wetland. If the pollutants that are removed by the buffer were not removed before entering the wetland the wetland's surface and .groundwater protection function would be adversely impacted. Pollutants are removed as the water infiltrates the buffer's vegetation and soil though a variety of chemical and biological processes. According to Section 8.5 (b) of the Vermont Wetland Rules, adverse impacts other than minimal impacts on protected functions are presumed to be undue adverse impacts unless mitigated by the applicant. The applicant has constructed the project without going through the proper mitigation steps, in violation of the Vermont Wetland Rule. Berard Conditional Use Detenvination #1996-370 Page 3 12. The applicant consulted with the Agency prior to constructing the project. The applicant was advised that a Conditional. Use Determination would be required if impacts were proposed in the wetland or its 50-foot buffer zone. The applicant then constructed the project without obtaining a Conditional Use Determination, in violation of the Vermont Wetland Rules. 13. In an effort to preclude ongoing and cumulative impacts to the wetland complex, the Agency has attempted to maintain the integrity of the buffer zone in this multi -lot, industrial subdivision. Other applicants have requested Conditional Use Determinations for impacts to the buffer zone in the industrial park, and were able to modify their projects to avoid the need for a Conditional Use Determination. This project could also have been planned to avoid the need .for a Conditional Use Determination. There are several remaining undeveloped lots in this subdivision that have wetlands in them. The loss of the buffer zone on several of the lots would result in cumulative adverse impacts on the functions and values of the wetland complex. Section 8.5 of the Vermont Wetland Rules requires an evaluation of cumulative impacts on a protected wetland. 14. A Conditional Use could not have been issued for this project since the impact was avoidable. The resolution of this violation of the Vermont Wetland Rules should therefore be handled though an Enforcement Action. Conclusions of Law Based on information provided by the applicant and their representatives in the application for Conditional Use Determination, the Agency of Natural Resources concludes: Under Section 8 of the Vermont Wetland Rules, effective February 23, 1990, the Secretary may authorize conditional uses in a significant wetland or in its adjacent buffer zone. The Rules state that each Class Two wetland is presumed to serve all of the wetland functions identified in the Rules (Section 4.2b). Protected functions are distinguished from other wetland functions in Section 2.20 as those functions that make a wetland so significant that they merit protection under these rules. Under Section 8.5a, the Secretary may only authorize a conditional use when it is determined that the proposed conditional use will have no undue adverse effect on the protected functions, unless the Secretary determines such effects are sufficiently mitigated. If there is an adverse effect on any of the protected functions, the applicant must first show that the proposed conditional use cannot practicably be located on an upland portion of the site or on another site owned, controlled or available to satisfy the basic project purpose, and that all practicable measures have been taken to first avoid, and then minimize, adverse impacts on the significant functions. Section 8.5 (b) of the Vermont Wetland Rules presumes that an adverse impact is an undue adverse effect unless the applicant has demonstrated that avoidance is not possible and adverse impacts have been minimized. Berard Conditional Use Determination #1996-37.0 Page 4 The Agency determines that the proposed conditional use described in the Findings of Fact and in Conditional Use Determination application #1996-370 will result in an undue adverse .effect to the significant functions of the Class Two wetland. The applicant has not satisfactorily demonstrated that the project could not avoid adverse effects on protected functions and that adverse effects on protected functions have been minimized. Decision The Vermont Agency of Natural Resources finds; that on the basis of the information provided in the application for a Conditional Use Determination, there is reasonable assurance that the proposed conditional use, if granted, will have an undue adverse effect on the protected functions of the significant wetland complex on this property and finds that these impacts were not sufficiently mitigated by the applicant. Therefore, this Conditional Use Determination is denied. Jeffrey Weinberg, Commissioner Department of Environmental Conservation by: ' , & -�'-!'— Wallace. McLean Director, Water Quality Division Dated at Waterbu , Vermont this j,_Way of , 2003 Mailing Address: National Life Records Center Drawer 20 Montpelier, VT 05620-3201 State of Vermont Water Resources Board Tel: (802) 828-3309 July 24, 2003 David W.M. Conard, Esq. Little, Cicchetti & Conard, P.C. 117 St. Paul Street P.O. Box 907 Burlington, VT 05402-0907 RE: Rene Berard, Docket No. CUD-03-14 Dear Mr. Conard: I Location: National Life Records Center Building Montpelier, Vermont This letter will acknowledge receipt at the Water Resources Board ("Board") office on July 18, 2003, of the appeal you filed regarding the issuance of Conditional Use Determination (CUD) No. 1996-370 by the Vermont Agency of Natural Resources (ANR), through its Department of Environmental Conservation. I have reviewed your filing and determined that it is substantially complete and has been filed in compliance with Rule 19 of the Water Resources Board's (WRB) Rules of Procedure. The appeal has been docketed at this office as CUD-03-14. Daniel Dutcher, Esq. is the Board Counsel assigned to these appeals. Accordingly, please direct all future correspondence in this matter to Attorney Dutcher. Attorney Dutcher can be reached by phone at 828-3063 and by e-mail at ddutcher@envboard.state.vt.us. Notice of the appeal and a prehearing conference will be published in a newspaper of general circulation in Chittenden County and you will be billed for the cost of publication in accordance with WRB Rule 22. Finally, I would note for your information that the Board's Rules of Procedure are available at http://www.state.vt.us/wtrboard/or by request from Karen Dupont (802-828-2870) at this office in printed form for a nominal charge to cover copying and postage costs. Sirfperely, Jon Groveman Executive Officer cc: David J. Blythe, WRB Chair Daniel Dutcher, Esq. Certificate of Service F:\Jong\Acknowledgements\DFWBerardCUD.WPD CERTIFICATE OF SERVICE I hereby certify that on this 25"' day of JULY, 2003, the foregoing LETTER OF ACKNOWLEDGMENT, regarding In re: Appeal of Rene Berard, CUD-03-14 was sent first class mail, postage prepaid to the following: Rene Berard by David WM Conard, Esq. Little, Cicchetti & Conard, PC P.O. Box 907 Burlington, VT 05402-0907 Rene Berard P.O. Box 2039 South Burlington, VT 05407 Cathy O'Brien Cathy O'Brien Wetland Consulting 839 Oak Hill Road Williston, VT 05495 City of South Burlington c/o City Clerk Planning Commission Selectboard 575 Dorset Street South Burlington, VT 05403 South Burlington Natural Resources Commission c/o Shelly Snyder, Chair 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Commission 30 Kimball Avenue, Suite 205 South Burlington, VT 05403 Robert & Lynda Shand 5 Ethan Allen Drive South Burlington, VT 05403 Thompson Leasing, LLC P.O. Bo x 1096 Troy, NY 12181 Stephanie B. Barrett 94 Liberty Avenue Colchester, VT 05446 Thomas B. Chastney 12 Whiteface Street South Burlington, VT 05402 Terry Riggs Commerical Piping, Inc. 18 Line Rock Road South Burlington, VT 05403-5836 John & Joyce Belter, Jr. 2 Country Club Drive South Burlington, VT 05403 Kenneth Smith 81 Ethan Allen Drive South Burlington, VT 05403 KPS 81/49 Properties, LLC 81 Ethan Allen Drive South Burlington, VT 05403 James A. Barron 8 Aspen Lane Williston, VT 05495 Alan Brusoe & Ann Soutiere 11 Mayfair Street South Burlington, VT 05403 Lowell T. Spillane, Jr. 336 Tamarack Shores Shelburne, VT 05482-6003 Hanf RE CO 767 Jim Swire Road Bristol, VT 05443 Vermont Natural Resources Council 9 Bailey Avenue Montpelier, VT 05602 Mark Lefebvre US Army Corps of Engineers 8 Carmichael Street, Suite 205 Essex Jct., VT 05452 John Austin Department of Fish and Wildlife 5 Perry Street, Suite 40 Barre, VT 05641 Mark Ferguson Nongame & Hertiage Program 10 South - 103 South Main Street Waterbury, VT 05671 Warren Coleman, Esq. Agency of Natural Resources Center Building 103 South Main Street Waterbury, VT 05671 Glenn Gross, Esq. Agency of Natural Resources One South 103 South Main Street Waterbury, VT 05671 Karen Dupop Administrative Secretary Water Resources Board National Life Records Center Building Drawer 20 Montpelier, VT 05620-3201 F:\Karend\W RBAP EAL\2003\cud-03-1 4\certofse rvice.wpd .._ ....._.......... Lot --� i f ,F Cathy O'Brien Wetland Consulting 839 Oak Hill Road, Williston, VT 05495 (802) 878- 6022 April 16, 2003 To Whom It May Concern: Please be advised that Rene Berard has applied for a Conditional Use Determination from the Vermont Department of Environmental Conservation. The project is located on Lot 37 of Ethan Allen Industrial Park in South Burlington as shown on the attached location map. The application is for the construction of a parking lot, partially within the upper portion of the 50- foot buffer zone adjacent to a Class Two wetland. Also attached is a copy of the site plan, showing the buffer zone encroachment. The project would result in the impact of 1,525 square feet of the buffer zone. No impacts are proposed to any wetland areas as a result of this project. A complete copy of the application is available for review in the City Clerk Office or at the Chittenden County Regional Planning Commission Office. Please call me at 878-6022 if you have any questions or concerns with this project. Sincerely, Cathy O'Brien enc. cc: David Conard, Little, Cicchetti & Conard, P.C., Attorneys at Law —RI 15:42 FAX 802' LIT-rLE.CICCHETTI,(.- �D Uoll —r any "eo han LUCUS---- i I-- - A X N p AU Q.. s- �u .. : ' ''/kouuT/�IIJ. AIR' JoH,);=v e r 7 a Edge of 50 Foot Buffer Zone', LtEN Mwlr" MMI �o ----- W a 8 7 w N Existing Buffer Zone �o -4a N Encroachment E I N / `u . }iC i to _ IN'i U \N\ `\ Edge of Wetland COMMON NAME LATIN NAME QTY SIZE NARK .RED CHDRA TREE JUNIPERUS VIRGINIAHA 77 5.'-6' A RED MAPLE AUER RUBUM 11 3'. C S PAGODA DOGWOOD CORNUC ALTERNIFOLIA 9 31- C 0 TAMARIR JUNIPER TUNIPHRUS SAHINA 24 1611 F BUILDING 6,000 OF- 13.16 k PAVED 17,705 OF 38.83 k TOTAL 23,705 OF 51.98 k LOT RISE 45,596 SF 100.00 BCD-, ryIV 49 \ t ii MC v LIGET'COMMBRCIAL BUILDING ' JG ARCEITECTB, INC. DATE`•`." :f , .' • _-._—.._ i•'O• i, \ '..._.._...-..._... .-..._ - _.._. _ *�(:: BEEARD CONSTRUCTION CO., INC.' _ JULIAN GOODRICH ARCHIT&CT ',.''� ri*}rig LANDSCAPE PLAN • //�/ 63 ETRAN ALLEN DRIVE 75 ETRAM1ALLEN DRIVE ,r:.;• °w rye+ '�... •� l.Li_4 a mx ATMT,TNGTON VERMONT SOUTH HIIALINGTON'V$RMONT .�'"""�~ -PARKING 'DRIVES & BUILDING LAYOUT Agency of Natural Resources Department of Environmental Conservation NOTICE Please be notified, as per Section 8.4 of the Vermont Wetland Rules, that the request for a Conditional Use Determination received from Rene Berard has been denied. It was found by the Department of Environmental Conservation that this conditional use will result in undue, adverse effects to the protected functions of the mapped wetland located in South Burlington, Vermont. This decision can be appealed within 30 days to the Water Resources Board pursuant to 10 V.S.A. Section 1269. -Ir47— April Moulaert, PWS District Wetlands Ecologist Department of Environmental Conservation 103 South Main Street, Building 10 North Waterbury, VT 05671-0408 (802)241-3770 AM:pu distribution list Agency of Natural Resources Department of Environmental Conservation NOTICE OF CONDITIONAL USE DETERMINATION #1996-370 A request for a Conditional Use Determination, required pursuant to the provisions of Section 8 of the Vermont Wetland Rules, has been received from Cathy O'Brien, representative for Rene Berard. Approval is being requested to retain an access drive and a parking area that was constructed in a Class Two wetland's 50-foot buffer zone. The project impacted approximately 2,500 square feet of the wetland's buffer zone. The wetland is located on Lot 37 in Ethan Allen Industrial Park in South Burlington. This wetland has been designated as a significant (Class Two) wetland by the Vermont Water Resources Board. Copies of the application are available for review at the Vermont Wetlands Office in Waterbury, City Clerk's Office in South Burlington and the Regional Planning Commission Office in South Burlington. Conditional Use Determinations may only be approved if it is shown that the proposed conditional use will not have an undue adverse impact on the functions and values of any significant wetlands or their adjacent buffer zones. Any person may file comments in writing on this application through May 9, 2003 with: April J. Moulaert, PWS, District Wetlands Ecologist Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, VT 05671-0408 *Aprlo rt DistnricO etland Ecologist AJM:pu Enclosure cc: Distribution List No Text Cathy O'Brien Wetland Consulting 839 Oak dill Road, Williston, VT 05495 (802) 878- 6022 April 1.6, 2003 To Whom It May Concern: On behalf of Rene Berard, I am submitting a complete copy of a Conditional Use Determination application. The project in question is located on Lot 37 of Ethan Allen Industrial Park in. South Burlington, as shown on the attached location map. Rene Berard has applied for a Conditional Use Determination from the Vermont Department of Environmental Conservation. The Department of Environmental Conservation requires that a copy of the application be sent to the Town Clerk and the Regional Planning Commission. Please make this application available to anyone who asks to see it during the Department's public comment period. You will receive a mailing from the State informing you of the time frame. Mr. Berard is seeking approval to locate a portion of the parking lot within the upper edge of the 50-foot buffer zone adjacent to a Class Two wetland The project would result in the impact of 1,525 square feet of the buffer zone, but no impacts to any wetlands. Please call me if you have any questions on this matter at (802) 878-6022. Sincerely, Cathy O'Brien enc. cc: David Conard, Little, Cicchetti & Conard, P.C., Attorneys at Law VERMONT WETLAND RULES CONDITIONAL USE DETERMINATION APPLICATION Y'Ztle 10 T,".S,A— 6hapte.-r 37, S7ectlai.7 -905 file number: date received: complete incomplete date completed: DEC receiver: OFFICE USE ONLY INTRODUCTION The following questions must be answered in order for this application to be considered complete. If you have questions on any portion of this form, please call the Vermont Wetlands Office at (802)241-3770 for assistance. NAMES 1. Applicant: Rene Berard Address: P.O. Box 2039, So. Burlington, VT 05407 Phone: (802) 862-5749 2. Landowner ( if different) : Same Address: Phone: (If landowner is other than the applicant, attach copies of any easements, agreements, or other documents conveying permission, LL-d an agreement with the landowner(s) stating who will be responsible for meeting the terms and conditions of the Conditional Use Determination.) 3. Representative: Cathy O'Brien. Cathy O'Brien Wetiand Consulting Address: 839 Oak.Hill Road, Williston. VT 05495 Phone: (802) 878-6022 PROJECT DESCRIPTION 4, Location: (Stre&.t Addreti:,-:;-) Lot .37, Ethan Allen ladust-Oal Park, South Bulington, Vermont. 5. Acres owned by applicant at project site: 1"'aeres -- Acres involved in project: 2.55 —.acre 6. Project purpose. To obtain apprlq-Tval for a pre-existing commercial building, parking lot and access drive. 7, General project description ( Ii-2c2ziale numbe-r dl?d flambe-- of 20ts." 20-17-qth of roods.; type of d.2'spcsag, etc.an A 6M0 sf commercial building, a parldng lot with 28 spaces, d an access drive w9s constructed in 1997. This project was approved b- the City o South Burlington in 1996, with an amendment approved in 1997. Although the wetland location was determined j2rior to construction, the contractor (the aL)pficant's now deceased son) was working from a plan which incorrectly showed the wetland boundary located at the top of a bank at the 215 foot elevation level, rather than at its identified location at approximately the 216 foot elevation level. Inadvertently, 2,500 square feet of the access drive and I!arldng, lot were constructed within the buffer zone of a Class Two wetland without obtaining a Conditional Use Determination. The a2iolicant realized this error when seekina an amendment to construct an addition onto the building and now wishes to correct this error. The site has municipal sewer and water. OTHER INFORMATION 8. Are any other federal, state or local permits required for this project, and if so have they been applied for or obtained? Required Applied Obtained for US Army Corps of Engineers Permit E I I I [ 1 401 Water Quality Certification J F 11 1 L 1 J F L L VT Act 250 Permit VT Stormwater Discharge Permit VT Lakes and Ponds Permit VT Stream Alteration Permit F J Local Zoning Permit LXI CrTJ [XI Other: 9, Attach the following information to the application: [x] Location map (pz-qj&Ct area marked OR d L%�6Y toPl-�-671-dPh2c Mdp 0-r Mermen r S'2_qI7Jf.Zcant Ile tIaJ7d,- [x] Site plan(s) including existing conditions, proposed work, erosion controls, and wetland and buffer zone boundaries ( see S-ect-ici7.-7 3, 2 dj7zY 4, 67 of the. TMOTM017t werl,dj7d �v2e.!7 -f= descrgp tl can of 1)2etJ7odo-Zq-qYJ . [x] Any other narratives or documents that the application intends to rely upon in support of the proposed Conditional Use. [x] Photos of wetland, if available. S t 10.L-4L the names and complete mailing addresses of all persons owning property within or adjacent to the wetland or Suffer zone in question, See attached she -It. WETLAND AND BUFFER ZONE !MPACTS 11. Complete the following for the wetland in question. a , Size of wet' -and ( to fleaz-&.Ft acre) : In excess of 5 acres. b. Check the dominant type of wetland present: open water X marsh X wet meadow shrub swamp X forested swamp bog or fen beaver influenced wetland other fie.,YpIaJfl,i: c. Name of all streams, rivers, lakes, and ponds adjacent to the wetland and approximate distance from proposed activity: The wetland is formed in an old exboWfrom the Winooski River. When the river changed its course, the oxbow was cut off from the River, although it is still within the floodplain. The wetland on this prope!:!I is approximately 1/27 mile from the Winooski River, A small intermittent stream flows through the wetland in a northerI3: direction and through a culvert under Ethan Allen Drive. Following this Swale, the provert river. y is one mile from the — d. Approximate the percentage of each of the following cover types in the area surrounding the wetland: — forested agriculture 20% old field open water — lawn residential 50% commercial or industrial 30 % road other (specify) 12. Complete the following for the portion of the wetland and buffer zone in the area of proposed impact. a, Area of impact in wetland: none, Area of impact in buffer zone: 2.500 sf (975 sf of which ill be restored bringing final impact to 1,525 aLl, b. Check the type of wetland present ( ch&N- g_Z_Z that a 11 L open water marsh X wet meadow shrub swamp — forested swamp bog or fen beaver influenced wetland other (e._aT_Zd_f.,7J: c.Description of dominant vegetation: The edge of the wetland is located at the edee of the grass strin aloniz the western side of the existing RarUm let- It is likely that this wetland has developed in an old oxbow from a previous channel of the Winooski River. A channelized intermittent stream rams through the middle of the wetland. The eastern half of the wetland complex is forested, while the western half (the portion of the wetland on the lot in clue tion) was cleared for agriculture. Farming ceased on the land about in 1986 and the area is now dominated by gasses and herbaceous vegetation includiRe reed canary Lxrass, fowl ni-eadow. grass, goldenrod species, purple loosestrife, soft rush and wooly bullrush, Cattails are located in the -middle of the wetland by the stream. The adjacent upland is dominated by timoth-v.. vetch, clover, chick-orv, reed canary grass red top grass, guackgrass and goldenrod. The break in the veggetation corresponds to the topographic break between the wetland and the upland. d,Description of soils in the wetland and buffer zone (from Soil Conservation Service Soil surveys or site investigations): The soils are mapped in the Chittenden County Soil Survey as Limerick silt loam ,,Roils (t) in the wetland and Winooski fine sandy loam soils- in the buffer zone. Limerick soils are poorly drained and Winooski soils are deep and moderately well drained. Site work n2rees. with this mapping. e.Check the characteristics of the wetland which apply: flooded most of the time x standing water during at least part of the growing season water impounded by beavers x soils are saturated during at le-ast part of the growing season dry most of the year f. Description of the buffer zone: The property in question is a westward sloping lot. A building is located on the eastern side of the lot with the parking lot to its west A mowed grass strip separates the parking lot and the wetland on the western side of the parking lot. Prior to the development of the Pr0PeKLv as an industrial part , the land was in amricultural use. From 1961 to 1986 the land, including the wetland, was planted with corn. 13. Describe in detail all work that is proposed within the wetland or buffer zone, including erosion control measures, referencing attached plans where appropriate. The portion of the project in the buffer zone includes an irregular strip of parking lot. approximately 75 by 25 feet, and 600 square feet of access drive. Because the contractor was aware of the wetland, but was mistaken about its location, a silt fence was installed prior tea construction at the edge of the parking lot to prevent encroachment of machines and sediments into the buffer zone and wetland. The 16 foot grassed strip between the wetland and the parldng jot is now niowed grass. This area. A but three feet immediately adjacent to the parking lot, wifl be allowed to regetate naturally. In addition, red maples will be planted every 15 'feet along the western edge of the parking lot. 14. Before this section is completed it will be necessary to determine for which functions the wetland in question is significant. The functional criteria for evaluating a wetland's significance are described in Section 5 of the Vermont Wetland Rules. The Vermont Wetland Evaluation form is available through the Wetlands Office to help determine which functions may be significant. Deracnstrate how the project as PriOPOSGd Will avoid an-v undue adverse impact: on each of the functions. Refer to plans and other attached docuu-nents as n-e-cessartip, , VvIater storage for flood water and storm runoff: Thewetlandin question provides storage of flood waters because it is a low, flat area within the floodulain. This Proiect will result in no loss of storage because the wetland has not been disturbed. There was no work also in the first 25 feet of the buffer zone. In -addition, there was very minimal grading needed for the parkino, lot, because it was a flat field. During very large floods, the parking lot can still flood. Tberefore, there will be no adverse impacts to the water storage function. Surface and ground water protection: The wetlandprovides surface and i4round water protection due to the dense emergent vegetation adjacent to the small stream. During flood events, the water overflows into the wetland, where it can be filtered by the dense vegetation. In addition, stormwater drains off some portions of the industrial park, getting additional treatment before reaching tine stream. Most of the stormwater from the developed portion of the 2ro]2erty, however, is directed to the Ethan Allen Farms Industrial Park Collection system located off Commerce Avenue. There will be no loss of treatment for this stormwater because the wetland has not and will not be disturbed. Converting the mowed grass strip between the parkin lot and the wetland to unmowed. natural vegetation will provide additional treatment. The wetland is not significant for ground water protection due to the clay soils and high water table. Very little recharge will occur within the wetland. The sandy delta uphill on which the airport is located would provide far more recharge. In any case, there are no impacts to the wetland so any recharge that does occur will not be affected. Therefore there will be no adverse impacts to tine surface and ground water protection. Fisheries habitat: There is a small intermittent stream that runs through the property. This stream is not deep enou%h or have enough flow to sip fisheries habitat It has also been channelized in the past. The stream feeds eventually into the Winooski River. The stream itself is approximately 100 feet from the edge of the parking lot, No construction has or will occur in the vicinity of the stream. Therefore the project will not have an adverse impact on an fisheries habitat. d , Wildlife and migratory bird habitat: The wetland complex provides some wildlife habitat. The eastern half of the wetland is forested, providing much treater diversity. cover and food sources than the wet meadow. The wet meadow adiacent to this project provides habitat for species such as red wing blackbirds and small mammals. This project is located entirely out of the wetland. A strip of upland undisturbed, tall grasses, goldeprods and other herbaceous vegetation occurs between the mowed grass and the wetland. Converting the mowed brass strip to naturally vegetated buffer zone will further minimize any impacts to wildlife. The pignting or the red maples will provide cover, as well as act as a barrier between anv human intrusions into the buffer zone. Anv wildlife utilizine the wetland has already adapted to human disturbances from the industrial park. Because the abutting development is an industrial park. there are not cats, does and people going into the wetland from the development. As a result. there will be less than minimal impacts to the wildlife using this wetland. Hydrophy-t-ic vegetation habitat: The wetland is not significant for ILIdroph3lic vegetation. The wetland community on site has been greatly disturbed in the past. The site, including the wetland itself has been in agricultural use for many years before the industrial park. The wetland was planted with corn prior to the development of the land. Between 1962 and 1974, the stream running through the wetland was channelized. Prior to 1974, the wetland was forested. Now that the agricultural activities are no longer occurring, the wetland will be able to revegetate naturally and is likely in time to become forested again. f, Threatened and endangered species habitat : There are no threatened or endangered species present in either wetland or buffer zone. Therefore, the wetland is not significant for this function. g, Education and research in natural science: There has been nouse of this proverty for education or research in the natural sciences. Nothing in this proposal would restrict such uses in the future. Therefore there will be no adverse impacts to this function in either wetland. Recreational value and economic benefit: ' The wetland is not siainificant for this function. Due to the minimal impacts from this project, there will be no adverse impacts to this function. Nothing in this proposal will limit the recreational uses. open space and aesthetics: The wetland is significant for open space and aesthetics. The wetland is visible from Ethan Allen Drive, although not obvious as a wetland. It is attractive as an oylen field to these driving by. There are no impacts Broposed to -the wetland or between the wetland and the road. The view of the wetland will be unimpeded and the wetland will remain as j2ermanent open space. Therefore there will be no impacts to this function. j. Erosion control through binding and stabilizing she so-',!: The wetland is adjacent to a small, intermittent channelized stream. Due to the small size of the stream and the very flat nature of the site, there are little erosive forces resen41. Erosion control measures were properly installed at the edge of p construction 2rior to any earthwork. There has been no work -near the stream as a result of this Proiect. The wetland and the remaining buffer zone are located between the2woject and the stream. The stream will not be channefized again, but allowed to flind its own natural channel. Therefore there will be no impacts to this function. 15, Demonstrate by narrative and reference to plans that the following mitigation measures have been used to achieve no -undue adverse impacts to the protected wetland functions. a. Can the proposed activity practicably be located on an upland portion of the site or on another site owned, controlled or available to satisfy the basic project purpose? (EY, .F,_Z2_Zfl) No, the development on this site occurred on a lot previously subdivided within an industrial varL The building on the site is well outside of the wetland and buffer zone. b, Demonstrate how all practicable measures been taken to avoid or minimize adverse impacts on protected functions, including project redesign or project scale back. The impacts to the wetland were minimized by designine the project to avoid the wetland and by leaving a strip of naturally vegetated buffer zone between the oroiect and the wetland. Further measures will be talLen to minimizeiMpacts by installing the plantings described above and converting the mowed, grass striipp next to the parking lot to naturally vegetated buffer. c, For wetlands that have been disturbed, what steps will be taken to restore impacted functions (e.g. plantings, seeding, mulching exposed soil, removal of fill, etc.) All disturbed earth was seeded and mulched iinmediately following final grading. Silt fences were installed immediately downslope from the earthworL There is no evidence on site of sedimentation into the wetland from the construction of the project. Wetland compensation (creating replacement wetlands) is a measure to mitigate adverse impacts on protected functions that will only be possible in rare cases for specific functions (see Section 8.5c of the Vermont Wetland Rules). If a compensation plan is part of this proposal, demonstrate by narrative and reference to plans how the steps in Section 8.5c(l)-(7) will be met. No compensation is proposed DISTRIBUTION 17. Submit the original request for conditional use determination to the Wetlands Office, Division of Water Quality, 103 South Main Street, 10 North, 2nd Floor, Waterbury, VT 05671-04(78. Notification of receipt will be sent to the applicant once a complete application has been received by the Wetlands Office. 13. After receiving notification of completeness from the Wetlands Office, send a complete copy of the application to the Town Clerk and Regional Planning Commission, Also, send copies of the location map, a description of the specific action(s) for which conditional use determination is sought, the supporting narratives, and a listing of where complete copies of the request have been filed to: a. the municipal planning commission and/or conservation commission; and b. all persons owning property within or adjacent to the wetland or buffer zone (item 10. of the application). SIGNATURES 19, 1 hereby certify that the information provided above or attached to this application is true and accurate to the best f my knowledge. Sign4Are of Applicant Date Signature of Applicant's Representative Date Lot 37, Ethan Allen Ind. Park, S. Burt. Subject: Lot 37, Ethan Allen Ind. Park, S. Burl. Date: Tue, 1.2 Nov 2002 15:42:11 -0500 From: "Everett Marshall" <everett.marshall. a@anr.state,vt.us> To., <cathyo@together.net> Cathy O'Brien Wetland Consulting Dear Cathy: A search of our database reveals no known occurrences of significant natural communities or rare, threatened, or endangered animals or plants at this site. For your information, our program has not made a biological evaluation of this area. We request that the NNHP be kept current on any major changes or additions to the project design, Please contact me if you have any questions, Everett Marshall Biologist/Data Manager Nongame & Natural Heritage Program, VT Dept. of Fish & Wildlife 103 S. 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Yh �Iri� s �,� ,3'~F i �`� k§ s,VE• e{$ti D; ,t 0 cQ MuD nD - 3 4 +Y�sDdA 89 �c� to g et 1 r ;a y' C L 3V e p HnC Hn Hrt8Ce6 y Q SIB tR ad Ve6 .4Mat5.'�t LHn _— Epp FEET 2• 'BIA Te E.. 3"'E` p , .r•� ,�^� - — Power Line Proposed Red.Maples (is feet oil, center) Property Lille 1 Edge of Wetland Parldno Let Edge of50 Foot Buffer Zone SCALE I Inch "- 20 Feet I Current Limit of JqoWilig Proposed Limit of Alowilig I Existing Plantings LOT 37 ETHAN ALLEN PARK SOUTH BURLINGTON, VT Buffer Zone Encroarhment & iffifigation Plan Cq!,h_j1 yBrien Wetland Consulting 939 Oak Hill Road Date: 1/02/03 Williston, VT 05495 Drawn. by: COB (802) 878-6022 cathyo@togethet,.net Sheet: 10fl O lu /aouulr o. Alf,- jC)gQ;re e r1 Edge of50Foot Baakf�� ®ne .THAN. A�L�N MvlV *-------- aAA l p JCL 56T 1'iA �. 1 • ; , 4- . . .. w ' N Existing Buffer Zone `{ N. �o . • -4 ' d \— N Encroachment - v _=EiiKcRnir� m t� LU f 21`Ir,I r ` 23 Edge of Wedand COMHOW NAME LATIN NAME QTY SIZE MARK -RED CBDRA TRES SUNIPBRUB VIRGINIANA 77 5.'-6 A RED HAPLE ACER RUSUK 11 3" 0 B PAGODA DOGWOOD OORNUB:ALTERNIFOLIA 9 31- 0 O TAMARIS JUNIPER SUNIPBRUB SABINA 24 16" F BUILDING 6,000 BF- 13.16 k PAVED 17,705 OF 38.93 % TOTAL 23,705 SF 91.98 % LOT SIZE 45,596 SP 100.00 $ tv ---` -Y • n, ..� os • t?G; . i ID U J • fir_ �LIGHT' COHHBRCIAL BUILDIN4 ' . 70 ARCRITBCTO, I210. DATE^••'" 1�' • ?'i? •} a, n' B. EAARD CONSTRUCTION CO., INC.' JULIAN GQoDAICN ARCHIT$CT ' ''� . '.� ' � / LANDSCAPE PLAN FL b • ' /,� ;` 63 ETHAN ALLEN DRIVE 75 ETRAN.ALLEN DRIVE . �mrtm., vnu r.rurmnx vRnMnNT •.0 OR V-.:r• SOUTH BURLINGTONVBRHONT . l� SlI ILlp J Z.VES BUILDING yMiyRO.�CVj.!n5rt. �.� Berardy South Burlington Photo I shows wetland on the night side and the project as constructed on the left. -Ohow 2 shows, the vvetl and and adjacerit grass strip. I LIST OF ABUTTERS Re: Rene Berard, CUD Application, Lot No. 37, Ethan Allen Industrial Park, So. Burlington OWNER and PROPERTY OWNERS ADDRESS ADDRESS Robert and Lynda Shand 5 Ethan Allen Drive 5 Ethan Allen Drive 6 Ethan Allen Drive So. Burlington, VT 05403 6 Ethan Allen Drive 6 Ethan Allen Drive 9 Ethan Allen Drive.. Thompson Leasing, LLC 60 Ethan Allen Drive P.O. Box 1096 Troy, NY 12181 Stephanie B. Barrett 6 Lime Rock Road 94 Liberty Avenue Colchester, VT 05446 Thomas B. Chastney 10 Lime hock Road 12 Whiteface Street So. Burlington, VT 05403 Terry A. Riggs 14 Lime Rock Road P.O. Box 9370 18 Lime Rock Road So. Burlington, VT 05403 John and Joyce Belter, Jr. 61 Commerce 2 Country Club Drive 31 Commerce So. Burlington, VT 05403 27 Commerce Kenneth Smith 57 Commerce 81 Ethan Allen Dr. 57 Commerce So. Burlington, VT 05403 KPS 81/49 Properties, LLC 49 Commerce 81 Ethan Allen Dr. So. Burlington, VT 05403 Ray Belair LOT NUMBER 2 3 0 5 6 23 39 40 24 25 26 I OWNER and PROPERTY OWNERS ADDRESS ADDRESS James A. Barron 45 Commerce 8 Aspen Lane Williston, VT 05495 Alan L. Brusoe & Ann Soutiere 11 Commerce 11 Mayfair St. So. Burlington, VT 05403 Lowell T. Spillane, Jr. 7 Commerce 41 Derby Circle So. Burlington, VT 05403 Had RE CO 3 Commerce 767 Jim Swire Rd. Bristol, NH 05407 S:\Documents\Clients\Berard Cons=tion\Real Estate\63 Ethan Allen Dr., Lot 371abbutters.listwpd LOT NUMBER 27 34 35 36 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 3, 2002 Mr. Julian Goodrich JG Architects, Inc. BY FAX 860-1890 RE: Lot 37, Ethan Allen Farms Industrial Park Dear Mr. Goodrich, I have received your letter dated May 31, 2002 related to the Act 250 amendment for Lot 37 in the Ethan Allen Farms Industrial Park. Mountain Air Systems Contractors Yard is an approved use in the Ethan Allen Farms Industrial Park, which is an area designated in the South Burlington Comprehensive Plan for light industrial, contracting, light manufacturing, and warehousing uses. South Burlington's Capital Budget and Plan (last adopted in 2002) fully account for development of this Industrial Park and the approved uses within it, such as the Mountain Air Systems Contractors Yard. Please contact me if I can answer any other questions. Sincerely, uli Beth Hoover, AICP Director of Planning & Zoning ,.: ,d 31 02 01:04p J1,1ian Goodrich 802 860 1890 p.1 JGA-Rcl-ITATTECTS, INC. PO BOX 2166, SO. BLTRLINGTON, VT 05407-2166 (802) 864-7676 FAX (802) 860-1890 31 May, 2002 Juh Beth Hoover, AICP Director of Planning & Zoning South Burlington Vermont Fan:1-802-846-4101 ( 2 pages) Re: Act 250 application for a Minor Amendment to Appitcation # 4C0643-3: Dear Ms Hoover: Rene J. Berard, owner of lot 37, in the Ethan Allen Farms Industrial Park in South Burlington, is applying for a minor amendment to add onto the Mountain Air Systems Contractors Yard widing constructed In 1997. Would you please inform me, by letter, if lot 37, with the Mount4n Air Contractors Yard Bul;dirg, conforms to the duly adopted Municipal Plan, Would you also inform me if thee above lot 37 and Contractors Yard 13u9eoobms to a duly adopted Capitol Plan, If the Town has one. Thank you for your help. Julian Goodrich JG Architects, Inc. (f Attached location map. f +y P 22 MTC I TO 1.07 22 MTC 2 PTO PUMP TO f ' 6 T �i MTC 4 i f`!TC 3 TO LOT 2.3 TO LOTS TO LOT 24 - Tr Q�IG a-d IN LOCUSt I LEGEND .. 0 ✓E -HE'A UNGERGRQJ`--0v£RN£AD PRJMAR' CABLE { II M S£'£ SJTE PLAN I � $JNGLE PHASE rRANSfORMER FNAsf PRAHSFaRerER 1 ;�` 1 HREE N£W AND ,✓OR RJSER PJLE ! I� i rrl� I ' £X1sniva POLE `rD l CABLE 0 FcAlove POLE YALVAv, AL 1 � 1 ----JQA�" 1.1✓0.33K'✓A- EL `'c'ft? ND, £ —jA—.--1x2.15KVAL, --^'lA—•.�,�*2</SK✓AL. `` J.�MPRcculpiES A rem y(LO2) ✓AA �F� i ry 41 ,iEWA 1 ,-ro�urt rov IRON � N 066x ose Z®6 yai �pao� UeT Lnr J*ro: I ao I RQW 1 State of Vermont K Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-8W-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD Julian Goodrich JG Architects, Inc. PO Box 2166 South Burlington, Vermont 05407 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DMSION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 FAx 802-241-3287 TEL 802-241-3770 July 1, 2002 RE: Lot 37, Ethan Allen Industrial Park, Wetlands Project# 1996-370 Dear Mr. Goodrich: Thank you for meeting with me on June 11, 2002 to discuss the above captioned project. Based on our conversation, I understand that the building on this lot was constructed without an Act 250 permit or a Conditional Use Determination (CUD) from this office. After our meeting I reviewed our file for this lot to try to reconstruct the history of our review of this project. I found the attached letter in our records from Cathy O'Brien. In this letter, dated September 9, 1996, she indicated that the site contained Class Two wetlands, and that the plan you showed her included disturbance in the 50-foot buffer zone of the wetland. She noted that you would need a CUD to impact the wetland's 50-foot buffer zone, and that the project should be designed to avoid impacts to the wetland and its 50-foot buffer zone. Based on my site visit with you, it appeared that the parking lot was constructed within the 50-foot buffer zone. However, you indicated that the wetland line may have changed since Ms. O'Brien reviewed the project. Therefore, I suggest that we use the wetland boundary as described in Ms. O'Brien's letter. In this letter Ms. O'Brien stated that the wetland line was "approximately along a line between the power pole at the edge of the road on the east side of the stream crossing and the power pole out in the field." At this time you should prepare a plan which shows the line that Ms. O'Brien described in her letter as the wetland boundary. That line should be surveyed, as should the limit of disturbance (fill and grading) for the existing development. Note that the limit of disturbance line extends beyond the pavement in the parking area as there is an area that has been filled and maintained as lawn beyond the limit of the pavement. Regional Offices - Barre/Essex Jct./Pittsford'Rutlan&Springfield/St. Johnsbury Once this is done, we can quantify the extent of the encroachment and we can start to discuss the next steps. Please call me at 241-1418 you have any questions regarding this letter. Sincerely, April J. Moulaert, PWS District Wetlands Ecologist cc: Rene Berard, Property Owner Peter Keibel, Act 250 Coordinator XIie Beth Hoover, City of South Burlington Iot37ethanaIIcn.wpd fc,ti•arht,.7w ,Y„ ; ;: f rt,.',-,r°K}�{,�lM1�w��i+}i�i=i'yy•t y ! ♦ v,. ., ",r,5".3i1 j'wt�"t i �' •. • - ^n� j� e�,►� �X(�OUIIl.G.7 4 x� fit."✓''xjer� 't7' \.tF+�,�` ,s��F '+v':Att,}.++i VR..r r' ;". i f rc"` '� 'DC ai menf b� Egvironmentat Conservation ROUTING 'WA Q _ pepartt�ent of Fish and widitfe > t : UAI•I'1'Y 'DIV`ISION t A,'- t` SQ �]�,: el,azn N erbp a ft1 f Depanffwnt of Forests. Parks and Recreation .7V lli SS �."� y. �'y' f "Q ..0 d� j 10 Noitli c f Department of Errvfronmental Conservation GENERAL41;�.B it in State GeoWit . 'a ' " ' M 1f �/TjM671-0408 1 �sr� �WatPrr�iiliyi •.F r RELAY SERYICE FOR THE HEARING IMPAIRED -eoo�s� -TDD>vaoe - NOT -DATE D ,; �s•. t eoo-zssores voice>TDD?'� f FAX 802-1-3287 802-241-3170 JG Architects, Inc. P.O. Box 2166 South Burlington, VT 05407-2166 RE: Lot 37 Ethan Allen Industrial Park; South Burlington Dear Mr. Goodrich: Thank you for meeting me on August 22 + 1996 on lot 37of the Ethan Allen , ana , Industrial Park. ;There is a:Class Two,wetland adjacent,to the channelized stream to the t, .mar f west of this lot. The project as currently desi ed, would impact. he buffer zone with the parking r>. r yt lot f t� • ti The wetland on this property. is contiguous to a wetland w ch' as bee i eritified on the National Wetlands Inventory :(NWI).maps (see enclos1.ed niap), ;The Vermont; Wetland Rules designate all palustrine_wetlands,identified on maps and contiguous ., wetland areas as. significant (Class Two) wetlands. ' Any, activity, in a Class Two,wetland ; or associated 50_ foot buffer zone; other than allowed uses specified.in Section 6.2 of the - Wetland Rules, requires a Conditional Use Determination (C.Ua.) from the Agen,f.of Natural Resources (Vermont Wetland Rules, Section6.3 •and 8):. Such a determination ' may only be granted if it is shown that the proposed activity.will not have undue adverse impacts on protected wetland functions [Vermont Wetland Rules, Section 8.5(a)]. t ' Si the parking lot is proposed within the buffer zone; a Conditional Use Determination would be required. The average'processing tirne.from the'time a complete . application is received is 8 to 12 weeks.-: Obviously, the Wetlands Office encourages .,, people to avoid impacts to the wetlands and .buffer zones wherever possible.' r A permit can" only be issued upon a showing by,the'. applicant that the functions of the wetland will - - not be adversel impacted. The wetland edge is currently approxunat I .y along a line between the power pole at the edge of, the road .on the east side -of the`stream'cro'ssing and the power,pole out in the field. We discussed the land history at this site. I have examined the 1962, 1974 and 1992 aerial photos'of this area to determine past use: In the 1�962 photos, the stream had , �: +. not been chaiiiielized there nd was a wooded wetlaof appro � 4Chl;;*z Ft" 100°,il Rscj+dedPaper z *" ..e•�. . . .�•... 1. ..l .4 .�w.i C C�.IJ� 4 w,;�.'�„�`gti��kx. y' s >' . T r ` ,• r r v t+'+ ,tea' - � ,�tr � �. '�� s ) t .d � T� �"•�' i�+r' < ' r � � ��.�'� `�`-f.r is � � '.� `' S � r ' � yrr.r,� f, SYirf�.77 ' �i!z w Q ! F c sar xr!.� 1j f awl} r n r t .x } 1r �u is "r> �4.Y trn� y r xf`j*�F'• f 4 t y '�' M � ,. .., � .k / f J ,'.t• f t i. I V S ` *X wl .•r.•4 4 l... p y •. �ty�' O� t J 4 1 1 �� S,: `{r.,} � a I�SLi4 �.�Yt3 ♦ice '�i i c..' Y+7 rl. K' '�• � ' � Y ��}iCl` �.w. .( I{ a. Cy �'..5 ., d•Y, rti t t s `tiY �.� Y,'y,+ , :: !.a r .r '1 �, ,r d i ,[ i� ; s.'')".FR�; 4.,! •ai,'^7�. . ,=rS � Xrr4�'« �•.. gym" t. f .� y�Jr ' ?h �`i"t ,� �'�" "• 5'17?,.t•��'4 r •i � ; 7� `r_ r 7 ',"%��'�rJ �,, V � � 1jb ��{x� � � � r '�k`h t vt,��b A4i y 4 , �ti1 IJ<'fs. � rdW�: �'� e '�i•�xY } .r If f�,.',,;, .. 1,. t ', •� j;t S .+ e ; '� <. tty � t s 1 +.a ry, i i �.. 7i.. �.}� n� :+, t Page 2 t t r ��i1 �" Jy <" f to `F� �r qZ- ) 1 r i`. � `r � r y. ' 1'rt;, t:': � r ..+ �.k•) C .. "` . dunensions as ffie current wetland. " It was farmed up to the ed1.ge`of the forested .wetland + which I believe corresponds with the break in .the too a h By the 1974 photo, the �� PPY wetland vegetation hail been cleared and the water flow channelized. It was farmed up to.,,.., <F } the edge of the ditch at that time. In the. 1992 photo, the channelized water course was ditch: ' It appears to have still evident, but it was no longer farmed up . the edge of the +, been farmed to the edge.of the existing, at that topographic break. Beaver.use ' r was not yet evident in the 1992 photo. In' summary, 'although the land was converted to agriculture sometime between 1962 and,1974, it had been a wedand�before�that time The area in question currently is technicallydefined as a wetland based on the, presence of wetland vegetation, �wetlana soils and wetland hydrology. It is therefore regulated as a wetland. Please feel free to call me with any questions or comments - Sincerely, CatherineO'Brien N, �As Coordinator rie s�stant Wetlands � enc.:#,,. cc: Ray Belau,' City of South Burlington coMW7.let i, 1 r r a:' �i { r ti k t Ted V:� 3 � d •:. feu 2 t : tr r %i�� ,�-�r.�� . rt t '. w i l F ��• tie 71 t �.� i "t ;.'Iu � ti t i? +i. "L �s^ � • , k .riy.�.�:.w: 'r.J „jq f e$.. `.ale►M' :.fir w «. ^ "{`f• a� I�t r•. �r f a 1` ,r ,rs Ly r?`3'C oStt�.k`.31T, `7 Hi'ii� ,-:. II .. n� 3 ..: . •S,",. •� ..♦ r�J.s•'. ".*t• .< - .,r . ACT 250 NOTICE MINOR APPLICATION #4C0643-22 10 V.S.A. §§ 6001-6092 Notice is hereby given that on June 12, 2002, an application was filed by Rene Berard, P.O. Box 2039, South Burlington, VT 05407, and John Belter, 2 Country Club Drive, South Burlington, VT 05407, for a project generally described as: the after -the -fact approval of a 60' x 100' Contractors yard building and the construction of a 60' x 50' addition to the existing building on Lot #37 of the Ethan Allen Industrial Park. The project is located on Ethan Allen Drive in the City of South Burlington, Vermont. The District 4 Environmental Commission will treat this application under Environmental Board Rule 51 -- Minor Applications. A proposed permit has been prepared by the Commission and is available at the Commission's office. Findings of Fact and Conclusions of Law will not be prepared unless a public hearing is requested in writing or the Commission holds a hearing on its own motion. The written request for a hearing must state the criteria or subcriteria at issue, why a hearing is required and what evidence will be presented at the hearing pursuant to Environmental Board Rules 14 and 51(B)(3)(d). No hearing will be convened unless a party submits a written request to the Commission on or before July 8, 2002, or the Commission sets the matter for hearing on its own motion. Prior to convening a hearing, the District Commission shall determine that substantive issues requiring a hearing have been raised pursuant to Environmental Board Rule 51(D). Parties entitled to participate are the municipality, the municipal planning commission, the regional planning commission, state agencies, adjoining property owners, and persons granted party status pursuant to Environmental Board Rule 14(B). Dated in Essex Junction, Vermont, this 19 W:\Act250\DIST4\PROJECTS\4CO643\0643-22\4CO643-22.not day of June 2002. By C .+ Peter E. Keibel Environmental Board District 94 Coordinator 111 West Street Essex Junction, VT 05452 T/ 802-879-5658 E/ peter.keibel@anr.state.vt.us This is a DRAFT permit; please submit any written comments or corrections by to: Peter E. Keibel, District #4 Coordinator, 111 West Street, Essex Junction, VT 05452 A permit will NOT be issued by the District Commission until the following information is received: 1) Water Supply and Wastewater Disposal Permit issued by the ANR-DEC Management Division 2) Subdivision Permit issued by the ANR-DEC W 3) Conditional Use Determination (Wetlands) Permit i d by the Quality CASE NO 4C0643-22 LAWS ULATIO IVYO I,VED APPLICANT Rene Berard 1Q� �4)O1 - 609 �150) ADDRESS P.O. Box 2039 South Burlington, VT 05407 s , and John Belter 2 Country Club Drive South Burlington �VT 05403 of W ; District Environmental Commission 4 hereby issues Land Use Permit Amendment #4C0643-22, pursuant to the authority vested in iith11k:S.A. §§ 6001-6092. This permit amendment applies to the lands identified in Book 213, Pages 384r'of the land records of the City of South Burlington, Vermont, as the subiect of deed to Ron6 Bi✓rard, the Permittees as Grantees. This permit specifically autharzes the Permittees an after -the -fact approval of a 60' x 100' Contractors yard building on Lot #37 of the Ethan Allen Industrial Park. The Permittees have proposed a 60' x 50' addition to the existing building. The project is located on Ethan Allen Ur the City of;Suth Burlington. The proj11 ect is subject to Act 250 jurisdiction because the project involves the construction of improvements for a commercial purpose on more than ten acres and thus constitutes "development" pursuant to 10 V.S.A. § 6001(3) and Environmental Board Rule ("EBR") 2(A)(2), and the project is a material or substantial change to a development over which the Commission has jurisdiction and thus constitutes "development" pursuant to EBR 2(A)(5). Accordingly, a land use permit amendment is required pursuant to EBR 34. Land Use Permit #4C0643-22 Page 2 The Permittees, and their assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 4) All conditions of Land Use Permit #4C0643 and amendments are in full force and effect except as amended herein. 5) By acceptance of this permit, the Permittees agree to allo represe the State of Vermont access to the property covered by the permit,,,�asona r the purpose of ascertaining compliance with Vermont environmentaa W d health st" a ulations an .With this permit. . 61, 6) The project shall be completed, operated and main cordance with. ��, its and exhibits on file with the District Environmental Co d sand the conditions o this permit. i I�` 7) The approved plans are: 4.j&pia u4 Sheet S1 -"Contractors Yard Building Mouzltau ystedated May 24, 2002; ,5 ., Sheet S2 - "Contractors Yard Buildmg W ntai i ite Plan," dated May 24, 2002; an Sheet A6 - "Contractors Yard Bui ,"' Mouri in Air e s; lnc. Site Plan," dated May 24, „,_ 2002; and} Sheet - "Ethan Allen Farms rial Subdivision Overall Site Plan Phase 3," dated Feb 1987. 8) A copy of this permit and approved pall be on the site at all times throughout the construction process.�' 9) No changes shall be made ff t ie design or use of this project without the written approval of the ter. District Coordinator or the Cogan#'ion, whichever is appropriate under the Environmental Board Rules. 10) Pursuant to EBR`51((s)the,.permit application and material representations relied upon during the review and issuance, afthispermit by the District Commission shall provide the basis for determining future substantial and material changes to the approved project and for initiating enforcement actions. My - The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the poject.is being completed, operated and maintained in accordance with the terms of the permit, as provided by 10 V.S.A.§§ 6001-6092 and the rules of the Environmental Board. 12) By acceptance of the conditions of this permit without appeal, the Permittees confirm and agree that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittees and all assigns and successors in interest. Land Use Permit #4C0643-22 Page 3 13) The project is approved for the following maximum impacts: 28 - vehicle parking spaces 450 - gallons per day of water and wastewater; 60 - vehicle trips (average) per day; 88 - vehicle trips (maximum) per day. 14) This permit hereby incorporates all of the conditions of Resources Permits: • Subdivision Permit #EC-4-# issued on (date) • Water Supply and Wastewater Disposal Wastewater Management Division; and • Conditional Use Determination # issued on ( Any subsequent nonmaterial changes to upon issuance by the Agency of Natural changes to the Act 250 permit shall no 101, Coordinator or the District Commis��n 15) Prior to the construction of submit a design to the Disti engineer or certified site tee disposal in Chapter 7 of tH€ 16) disturbed areas, within established to e©ntrol of Natural WastewaOFMANivisi on (date Division. be att Na tally incorporated herein luent amendments involving material to reyfew and approval of the District to Board Rules. tdt itional ,Pildings orlfhe lot approved herein, the Permittees shall ommissi6H for a wastewater disposal system by a registered ian which makes best efforts to meet the standards for sewage mont Eh al Protection Rules. am calcium chloride and/or water on all roadways or ing construction and until pavement and/or vegetation is fully 17) The bui°lding'approed herein is not approved for any manufacturing use or the on -site disposal of any process wastes h Permittees shall apply and receive amended approval from the District Commission for any' -change in the use of the buildings which involves the storage or handling of any regulated substances or the generation of hazardous wastes. 18) The Permittees and all subsequent owners or lessees shall install and maintain only low -flow plumbing frxMres in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. 19) The Permittees shall comply with Exhibit/s # for erosion control. The Permittees shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate and impose additional conditions with respect to erosion control as it deems necessary. Land Use Permit 44CO643-22 Page 4 20) All mulch, hay bales, siltation dams, water bars and other temporary devices shall be installed immediately upon grading and shall be maintained until all roads are permanently surfaced and all permanent vegetation is established on all slopes and disturbed areas. Hay bales shall be incorporated four inches into the soil and equipped with filter fence on the upstream side, butted together and all joints filled with loose hay. Topsoil stockpiles shall have the exposed earth completely mulched and have siltation checks around the base. 21) Grading shall be phased so that all exposed earth is mulced and w S°are in place at the end of each construction day. 22) All disturbed areas of the site shall be stabilized, seed and mule.4'w6d i X01 „ upon completion of final grading. All disturbed areas no , volved inter cons mulched and seeded before October 1. Between th�� w October 1 to 11 earth disturbing work shall conform with the "Winter Cori '',standards and speccations of the Vermont Handbook or Soil Erosion and Sediment Cor4tr, "construction Sites (1987). 23 Prior to construction of the approved work, the Permittees sh ` {co° `Mete the following: a) construction limits shall be clearly delineated Fagging or s'4�eCing; b) diversion ditches shall be placed on the uphill limits of the cod trucf 'a; and c Temporary siltation controls shall be placed on the downhill limits o�he con , mediately following the above, the permanent drainage system and/or roads shall bir ins llewhich normal construction can begin.,,..,.. 24) A copy of the approved erosion control plan shall be on the site at all times during construction. 25) In addition to conformance with all eroston'control conditions, the Permittees shall not cause, permit or allow the discharge of waste miterial'into any surface waters. Compliance with the requirements of this coridition�does not absolve the Permittees from compliance with 10 V.S.A. §§ 1250-1284, Vermont's ,Water Pollution Control Law. 26) The Permittees shall maintainart 50'foot undisturbed, naturally vegetated buffer strip between all watercourses on the project site and any disturbed areas. 27) All stumps shall,bedisposed of on -site above the seasonal high water table or at a State approved landfill so'"as to prevent groundwater pollution. 28) The installation of exterior light fixtures is limited to those approved in Exhibit # , and shall be � ",,mounted no higher than (20) feet above grade level. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 29) The Permittees shall not erect additional exterior signage without first obtaining approval from the District Commission. Signage includes banners, flags, and other advertising displays, excepting temporary real estate marketing signs. 30) The project shall conform with the 2001 Vermont Consolidated Act 250 Energy Guidelines for Energy Efficient Commercial Construction promulgated by the Vermont Department of Land Use Permit #4C0643-22 Page 5 Public Service. In addition to meeting the above referenced guidelines, the Permittee shall incorporate any additional custom energy measures found cost-effective on a life -cycle -cost basis. 33) No further subdivision, alteration, and/or develc be permitted without the written approval of the 34) The Permittees shall reference the requirements and #4C0643-22 in all deeds of conveyance and lease4R 35) Pursuant to 10 V.S.A. § 6090(b) this permi- long as there is compliance with the ?eu herein, this permit shall expire three not commenced construction and ma year period in accordance with 1 .. .S.A. § 091(b). 36) Failure to comply with all to 10 V.S.A. § 6090(c). of anvxnfffikel of is Dated at Essex Tutiction, V day of July 2002. Members participating in Ralph ,Montefusco YftWMeNamara By shall by Land Use Permit an indefinite term, as Ming any other provision if the Permittees has/have completion within the three grounds for permit revocation pursuant Ray Lavigne, Chair District 4 Commission The, applicant or a parry may file a motion to alter within 30 days from the date of this decision, pursuantLLto Environmental Board Rule 31. Any appeal of this decision must comply with all provisions of 10 V.S.A. §6089 and Environmental Board Rule 40 including the submission of the original and ten copies of the following: notice of appeal, a statement of why the appellant believes the commission was in error, a statement of the issues to be addressed in the appeal, a summary of the evidence that will be presented, a preliminary list of witnesses and this decision. Decisions on minor applications may be appealed if a hearing was held by the district commission or timely requested by the appellant. Land Use Permit #4C0643-22 Page 6 W:\Act250\DIST4\PROJECTS\4C0643\0643-22\4C0643-22.pmt CERTIFICATE OF SERVICE I hereby certify on this I; day of June, 2002 a copy of the foregoing ACT 250 MINOR NOTICE APPLICATION #4C0643-22, was sent first class mail, postage prepaid to: PARTIES: Rene J. Berard PO Box 2039 South Burlington, VT 05407 John Belter 2 Country Club Drive South Burlington, VT 05407 Julian Goodrich J.G. Architects, Inc. PO Box 2166 South Burlington, VT 05407-2166 Donna Kinville, Town Clerk Chair, City Council/Chair, Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Jim Tolley, Interim Executive Director Chittenden County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 Warren Coleman, Esq., Environmental Litigation Attorney Agency of Natural Resources 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 FOR YOUR INFORMATION District #4 Environmental Commission Rayburn Lavigne, Acting Chair/Ralph Montefusco/James McNamara 111 West Street Essex Junction, VT 05452 District Conservationist/USDA/Soils Conservation Service 18 Blair Park Road #207 Williston, VT 05495-9406 Tom Bushey, District Supervisor, N.R.C.D. 48 Bushey Road Shelburne, VT 05482 County Forester/Agency of Natural Resources 111 West Street Essex Junction, VT 05452 Page 2/COS/#4C0643-22 John M. Austin/ANR, Dept. of Fish & Wildlife 324 North Main Street Barre, VT 05641 Burlington Free Press/Classified Ad Section 191 College Street Burlington, VT 05401 Christopher Owen/Vt. Dept. of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 Green Mountain Power Corporation 163 Acorn Lane Colchester, VT 05446 Michael Russom/Vermont Gas Systems PO Box 467 Burlington, VT 05402 Division for Historic Preservation National Life Building, Drawer 20 Montpelier, VT 05620 Michael Pologruto, Technical Services/VTrans 1 National Life Drive Montpelier, VT 05633-5001 Marian White, Policy Analyst/Dept. of Agriculture, Food & Markets 116 State Street, Drawer 20 Montpelier, VT 05620-2901 Dan Gaherty/Efficiency Vermont 255 South Champlain Street I Burlington, VT 05401 i( Michael Barsotti, Water Quality Director/Champlain Water District 403 Queen City Park Road South Burlington, VT 05403 ADJOINING LANDOWNERS On File at District Commission Office Dated at Essex Junction, Vermont, this ) 9 day of June, 2002. w:cs4C643-22/cc hristine Commo, DOTrict Office Chief Clerk 879-5670 STATE OF VERMONT AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: Rene Berard and John Belter ) DISTRICT ENVIRONMENTAL COMMISSION # 4 APPLICATION # 4C0643-22 July 8, 2002 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Natural Resources ("Agency"), State of Vermont, by and through its legal representative, Elizabeth Lord, in the above - captioned matter. COMMENTS Criterion 1 (G) - Wetlands The application represents that a 50- foot buffer has been incorporated into the site plans, however a site visit conducted by Agency staff reveals that the parking lot appears to have been constructed within the 50-foot buffer zone. Attached is a July 1, 2002 letter from District Wetlands Ecologist, April Moulaert, stating that a Conditional Use Determination is required for construction within the buffer zone. A land use permit should not be issued for this project until a Conditional Use Determination has been issued by the Water Quality Division. Dated July 8, 2002, at Waterbury, Vermont. Respectfully submitted, State of Vermont Agency of Natural Resources By Eliza eth Lord, Es - ANR Planning Division (802) 241-3863 State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD Julian Goodrich ROUTING GENERAL T' N TED DATE S� 1 t SUSPENDED EIL'= JG Architects, Inc. PO Box 2166 South Burlington, Vermont 05407 it Li L�J i AGENCY OF NATURAL RE UR E Department of Environmental Conservation WATER QUALITY DIVISION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 Fax 802-241-3287 TEL 802-241-3770 July 1, 2002 RE: Lot 37, Ethan Allen Industrial Park, Wetlands Project# 1996-370 Dear Mr. Goodrich: Thank you for meeting with me on June 11, 2002 to discuss the above captioned project. Based on our conversation, I understand that the building on this lot was constructed without an Act 250 permit or a Conditional Use Determination (CUD) from this office. After our meeting I reviewed our file for this lot to try to reconstruct the history of our review of this project. I found the attached letter in our records from Cathy O'Brien. In this letter, dated September 9, 1996, she indicated that the site contained Class Two wetlands, and that the plan you showed her included disturbance in the 50-foot buffer zone of the wetland. She noted that you would need a CUD to impact the wetland's 50-foot buffer zone, and that the project should be designed to avoid impacts to the wetland and its 50-foot buffer zone. Based on my site visit with you, it appeared that the parking lot was constructed within the 50-foot buffer zone. However, you indicated that the wetland line may have changed since Ms. O'Brien reviewed the project. Therefore, I suggest that we use the wetland boundary as described in Ms. O'Brien's letter. In this letter Ms. O'Brien stated that the wetland line was "approximately along a line between the power pole at the edge of the road on the east side of the stream crossing and the power pole out in the field." At this time you should prepare a plan which shows the line that Ms. O'Brien described in her letter as the wetland boundary. That line should be surveyed, as should the limit of disturbance (fill and grading) for the existing development. Note that the limit of disturbance line extends beyond the pavement in the parking area as there is an area that has been filled and maintained as lawn beyond the limit of the pavement. Regional Offices - BarrC Essex Jct1Pittsford'Rutland/SpringfieldSt Johnsbury Once this is done, we can quantify the extent of the encroachment and we can start to discuss the next steps. Please call me at 241-1418 you have any questions regarding this letter. Sincerely, April J. Moulaert, PWS District Wetlands Ecologist cc: Rene Berard, Property Owner Peter Keibel, Act 250 Coordinator Julie Beth Hoover, City of South Burlington Iot37cthanaIIcn.wpd No Text 7rR-O e `MM�;�".g 14R, -,1. wU t—, dinielligo laiea6d tip`to'the**6d ei e,forested. curre ns `0 Z 4,� which qespo wi in. e topq Ws th the break th _e I I be co a T :. wetland vegetation had eared water ow c It ed'UID and I.: to"At 4992,phbto,'thd chin& water course was 'that, e. -:.In thew diici�V' tim. te the edge of the Still evident; but it Was no longer. farmed up.the edge of 'th��dltic' h*: It appears to have e 'id to'the'6dge -of the existing at that topographic break been ik'r rn etak Beaver use -was not ye -p t evident iii the1992 •-hoto.. ricu between ln'�dxnmar�,:although the land was converted to ag* 'culture sometime' .-1962-aid,1974,: it hid been 'a`wedand*befbreI 'tlAt ,time: -,'-Thi area in questo'n'6ftently is technicaly as a we andbasedon the presence of weda&d vegetation, wetlalod soils and wedwid hydrology:. It is therefore'regulaid'as 'a wetlarid. Please feet free to'call me with any q66s6ns or comments. Sincerely, Cathe d isiia Wetlarids"Codf inator "ineL., 0' rien B -Ail 'V --in-Ass VA NO 4 enc. dd Ray Belau,` City of South Burlirigton CoUo(37Jd 7 3, 71 y % j q+. . V,A CERTIFICATE OF SERVICE I hereby certify that I, Andrea McKnight, Administrative Secretary for the Planning Division of the Agency of Natural Resources, sent a copy of the foregoing Comments dated 07/08/2002 regarding File #4C0643-22 by U.S. mail, postage prepaid, to the following: Rene J. Berard P.O. Box 2039 South Burlington, VT 05407 John Belter 2 Country Club rive S. Burlington, VT 05407 Julian Goodrich J.G. Architects, Inc. P.O. Box 2166 S. Burlington, VT 05407-2166 Donna Kinville, Town Clerk Chair, City Council/Chair, Planning Commission City of South Burlington 575 Dorset Street S. Burlington, VT 05403 Jim Tolley, Interim Executive Director Chittenden County Regional Planning Commission P.O. Box 108 Essex Jct., VT 05453 District #4 Environmental Commission Rayburn Lavigne, Acting Chair/Ralph Montefusco/James McNamara 111 West Street Essex Jct., VT 05452 District Conservationist/USDA/Soils Conservation Service 18 Blair Park Road #207 Williston, VT 05495-9406 Tom Bushey, District Supervisor, N.R.C.D. 48 Bushey Road Shelburne, VT 05482 County Forester/Agency of Natural Resources 111 West Street Essex Jct., VT 05452 Burlington Free Press 191 College Street Burlington, VT 05401 Christopher Owen VT Dept. of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 Green Mountain Corporation 163 Acorn Lane Colchester, VT 05446 Michael Russom/Vennont Gas Systems P.O. Box 467 Burlington, VT 05402 Division of Historic Preservation National Life Building, Drawer 20 Montpelier, VT 05620 Michael Pologruto Technical Services/Vtrans 1 National Life Drive Montpelier, VT 05633-5001 Marian White Policy Analyst Dept. of Agriculture, Food and Markets 116 State Street, Drawer 20 Montpelier, VT 05620-2901 Dan Gaherty/Efficiency Vermont 255 South Champlain Street Burlington, VT 05401 Dated July 9, 2002, at Waterbury, Vermont An rea McKnight Michael Barsotti Water Quality Director Champlain Water District 403 Queen City Park Road South Burlington, VT 05403 John M. Austin/ANR Dept. of Fish and Wildlife 324 N. Main Street Barre, VT 05641 State of Vermont WATER SUPPLY & WASTEWATER DISPOSAL PERMIT Case Number: WW-4-1636 PIN: EJ85-0002.16 Landowner: Rene Berard Address: P.O. Box 2039 South Burlington, VT 05407 LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 This project, consisting of an existing building for use as an office, storage, and truck shop with washing capabilities with a maximum of 25 employees on Lot #37 of Subdivision Permit #EC-4- 1183-1 served by municipal water and wastewater services located at 63 Ethan Allen Drive in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. This permit does not constitute approval under Act 250 case number 4C0643. GENERAL 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry - telephone (802) 828-2106 or (802) 658-2199 and local officials Prior to proceeding with this project. 2. The project shall be completed as shown on the plans Sheet S 2 "Site Plan" dated May 1, 2002 prepared by JG Architects, Inc. which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 3. No alterations to the building other than those indicated on the approved plan or Water Supply and Wastewater Disposal Permit, which would change or affect the exterior water supply, or wastewater disposal, or the approved use of the building shall be allowed without prior review and approval from the Division of Wastewater Management. 4. The Wastewater Management Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. 5. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. Water Supply & Wastewater Disposal Permit WW-4-1636 Rene Berard Page 2 6. A copy of the approved plans and this permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel 7. All conditions set forth in Subdivision Permit #EC-4-1183-1 shall remain in effect except as modified or amended herein. WATER SUPPLY The project is approved for water supply by connection to the municipal water system as depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 9. The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility as depicted on the approved plans. The project is approved for a maximum of 450 gallons of wastewater per day. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont this July 16, 2002. Christopher Recchia, Commissioner Department of Environmental Conservation ByZtiZ�O Ernest P. Christianson Regional Engineer For the Record City of South Burlington Planning Commission & Select Board JG Architects, Inc. Act'250 Coordinator-4C0643 Water Supply Division Department of Labor & Industry State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1.800-253-0195 Voice>TDD AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DIVISION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 REGISTERED MAIL: RETURN RECEIPT REQUESTED Rene J. Berard 17 Duffy Road Milton, Vermont 05468 802-241-3770 Fax #:802-241-3287 August 15, 2002 Subject: Notice of Alleged Violation, Lot 37 Ethan Allen Subdivision, South Burlington, Wetlands Project #1996-370 Dear Mr. Berard: April Moulaert, District Wetlands Ecologist, conducted a site visit to the above captioned property with your architect, Julian Goodrich, on July 1, 2002. During this site visit, she observed that a parking lot had been built in the 50-foot buffer zone of a Class Two wetland. By virtue of this activity occurring on your property, you are in violation of the Vermont Wetland Rules. The wetland on this property is contiguous to a wetland that has been identified on the Vermont Significant Wetlands Inventory (VSWI) maps (see enclosed map). The Vermont Wetland Rules designate all palustrine wetlands identified on the VSWI maps and contiguous wetland areas as significant, or Class Two wetlands. Any activity in a Class Two wetland or adjacent 50-foot buffer zone, other than allowed uses specified in Section 6.2 of the Wetland Rules, requires a Conditional Use Determination from the Agency of Natural Resources (Vermont Wetland Rules, Section 6.3 and 8). Such a determination may only be granted if it is shown that the proposed activity will not have undue adverse effects on protected wetland functions [Vermont Wetland Rules, Section 8.5(a)]. Our records show that you have not received a Conditional Use Determination for the work that you have done. Regional Offices - Barre, Esscx Jct:PittsfordRu:!ar,dSpnngfie:j S! Johnsbury Mr. Berard August 15, 2002 Page 2 In response to the violation, the Secretary of the Agency of Natural Resources may issue an Administrative Order requiring full compliance with all applicable statutes and regulations; assessing penalties; and if necessary, requiring corrective action. Your efforts to achieve compliance may lessen the severity of the enforcement action. Please respond by phone or writing to Ms. Moulaert within ten days of the receipt of this letter regarding your intentions to correct this alleged violation. Failure to respond by the specified date may initiate an enforcement action by the Department. If you have any questions regarding this matter, please contact Ms. Moulaert at 241-3770. Sincerely, - — /"�19/ Thomas Willard Acting Director, Water Quality Division cc: X n McVeigh, ANR Enforcement Division Beth Hoover, City of South Burlington Planning and Zoning Peter Keibel, Act 250 Coordinator Julian Goodrich, Architect 13 ([LIT or. c _ 1 �� -.. y,�•J PM \AP 31 N VO N io pew SOULh (XW of V.W A— . Y IN: I .0 PIS 3(V I I 3 0 P?1G AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE -APPLICATION REVIEW RESPONSE DATE /j PENDING APPLICATION # U/l.G14- 61 DISTRICT Lq TOWN &If7f .�uMUV,-rVAJ PIN # E S 000� • /� OWNER OF PROJECT SIT NAME: kA, 44 ADDRESS: J6'cUldf��l�tiCi�.t,�, D07 TELEPHONE: (w ) '?;�.W '5-'7 PROJECT: /9l2 APPLICANT OR REPRESENTATIVE: NAME: ( mx, "k. ADDRESS: o� CocC� �iu6 �f'/uF y-, TELEPHONE: Based on information provided by �n�uc�i �� received on 7 vt a project was reviewed on a tract/tracts of land of 4,95- acres, located on �{� The project is g nerally described as: le 3 % /'C-.Z' wr GvX 1l-o ir/r>7{ lxv 1 x 51J,, lledl JOKJ1 a-5e2l %4 elwz�"11L4ff-e/-51, 1'a WiM rrr4Xt l+iu'L( d5 E� t�'GcyCt� J 7,t°c(LKIc': /r�cJG . Mutilcr� C� a2 : O S�Zi . Prior Permits From This Office: 4{(.o /, Y'3 tom-`/- %/1?3 PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION 10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal project? Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED YES NO; Copies sent to Statutory Parties: YES NO COMMENTS: \ \ ENVIRONMENTAL COMMISSION Q t.S-•' �¢:. :! «.:'� �I�XS) DISTRICTS #4,6 &9 111 WEST STREET ESSEX JUNCTION, VT 05452 SIGNATURE: -> �,s� DATE: 02 ADDRESS: Distri t Coordinator Telephone: (802)879-5614 0'WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED YES NO Water Supply & Wastewater Disposal Subdivision &/or Exemption Deferral of Subdivision Tent/Travel Trailer Campground Mobile Home Park Floor Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: ?919 5Z'75 AGENCY OF NATURAL RESOURCES p m� / 7 �� DEPT. OF ENVIRONMENTAL SIGNATURE: tc DATE: ADDRESS: CONSERVATION „/ Environmental Assistance Division, Permit Specialist Telephone: (802)879-5676 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION, VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION BY THE PERMIT SPECIALIST REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: Discharge Permit; pretreatment permits; industrial, municipal Underground Injection Wells (UIC) (241-4455) Indirect Discharge Permit Residuals management (sludge disposal) (241-4455) OVER OTHL.c)PERMITS AND REVIEWS YOU MAY NEED: tContinued) 4. AIR POLLUTION CONTROL DIVISION, ANR (888 520-4879) Contact: Construction/modification of source Open Burning Wood Chip Burners (>_90HP) Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines (> 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400)(800 823-6500 in VT) Contact: New Hydrants >500' of Waterline Construction Community Water System (CWS) Bottled Water Transient Non -Community Water System (TNC) Capacity Review for Non -Transient Non -Community Water System (NTNC) WATER QUALITY DIVISION, ANR Contact: River Management (241-3770) Stormwater Permits (state and federal, UIC) (241-3770) Shoreland Encroachment (241-3777) Aquatic Nuisance Control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate (241-3770) Stream Alteration (241-3757) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Notification of Regulated Waste Activity (241-3888) Underground Storage Tanks (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Asbestos Disposal (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) Composting Facilities (241-3444) Waste oil burning (241-3888) Used septic system components/stone 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745 MUNICIPAL COMPLIANCE ASSISTANCE PROGRAM Contact: John Daly 802-241-3471 10. DEPARTMENT OFFISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage Program (Threatened & Endangered Species) Stream Obstruction Approval Q DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# 879-2300 L�y'�"`� 7 ✓ Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Contact: Child care facilities (800 649-2642) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2053) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2710) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. PUBLIC SERVICE DEPARTMENT Energy Efficiency Division(800-642-3281 in VT;802-828-4056)_VT Building Energy Standards 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste � �LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) % � FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEE, 8 rr phael Street, Suite 205, Essex Jct, VT 05452 (802)872-2893 24. OTHER: Gl= . PRS REV. 5/02 Sections #3424 above have been completed by the Permit Specialist: Date: State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation June 18, 2002 Rene Berard P.O. Box 2039 South Burlington VT 05407 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office III Nest Street Essex Junction, VT 05452 (802)879-5656 WW-4-1636, Ethan Allen Industrial Park -- Lot 37 permit existing building for office/storage/shop with 25 Subject: employees & truckwashing mun. w/s 450 gpd 1.05A located on 63 Ethan Allen Drive in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check #4348 on June 7, 2002, which begins the 30 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Information Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. Sincerely, Irene L.VRerge DEC Regional Office Coord. City of South Burlington Planning Commission TDD: 1-800-253-0191 Regional Offices - Barre/Essex Jct /Pittsford/Rutland;Springfield/St. Johnsbury 100% Processed Chlorine Free mommumm1 • PLANTING SCHEDUL= COMMON NAME LATIN NAME CITY SIZE MARK RED CEDAR TREE JUNIPERUS VIRGINIANA 60 4'.5' A RED MAPLE ACERRUBUM 8 3" B PAGODA DOGWOOD CORNUS ALTERNIFOLIA 4 6" C TAMARIX JUNIPER JUNIPERUS SABINA 15 24" D 3 3' d io No Text �//(_ /'L/'I/V k" .J.i • v a4d - / /7 )/0---� CITY OF SOUTH BURLINGTOINT DEPARTIvI1EENT OF P1.-'U`TNU`TG & 2ONE'4G 575 DORSET STREET SOUT�T BURLINGTON, V',, F.:'V1O-N'T 05403 (802) 846-4106 FAX X (802) 846-4101 � Permit Number SP- APPLICAT10N FOR SITE PLANREVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the renew before the Development Review Board. 1) OWN'ER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Rene J. Berard Telephone: 862-5749 Fax: 860-1890 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPL,TCANT (Name, mailing address, prone and fax #) Julian Goodrich - J.G. Architects, Inc. Telephone: 864-7676 Fax: 860-1890 4) CONTACT PERSON (?Name, mailing address, phone and fax #) Julian Goodrich _ PO Box 2166 S. Burlington VT 05407-2166 Telephone: 864-7676 Fax: 860-1890 — 5) PROJEC-7 STREET ADDRESS: 63 Ethan Allen Dr, So Burlington VT 6) TAX PARCEL TD # (can be obtained at Assessor's Office) vL� 35 - OC�CXJ I �- 7) PROJECT DESCIRIPTION a) Existing Uses on Property (including description and size of each separate use). HVAC & Plumbing Contractor Building 9000 SF Contractors Yard b) Proposed Uses on property (include description and size of each new use and existing uses to remain) c) Total building square footage on property (proposed buildings and e;dsting buildings to remain) Existing building 6000 SF, Addition 3360 SF Total 9360 SF d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) First floor 9000 SF Mezzanine 2520 SF (exist) Loading dock 396 SF e j Number of residential units (if applicable, new units and existing units to remain) fj i`Turnber ofemplovees & company vehicles (existing and proposed, note orrice versus non -office employees) Office employees 8, Shop 1, Crew 16 off site g) Other (list any other in erjnat;en percent m this application hat specif-caiiy requesred arrive, please note if Cveriay Distiicts ,are appiicable): g) LOT CDVEPLA GE a) Building: Emsting 13 % Proposed 20.6 b) Overall (building, paring, outside storage, etc) 51. 2- Existing 51.98 % Proposed -1,2 . % c) Front yard _(along each street) Existing 26.9 % Proposed 29.7 9) COST EST fATES a" Building (including interior renovations): 200, 000.00 o) Landscaping: 6, 000.00 c) Other site improvements (piease list with cast): 010) :ESTIMATED TR`a.FF'IC - ) e&U-L Mo-�4- a) Average daily -"raifflc for entire property (in and nut): 'o) A-M Peak hour for entire property (in and out): c) P. N4. Peak hour for entire property (In and out): 11) PE K HOURS OFOPER TION: 12) PEAK DAYS OF OPERATION: I3) ESTIIVlATED PROJECT COIVIPL;✓TION DATE. 14) Sly PLAN A -MD FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the site plan must be submitted. A site plan application Tee :shall be paid to the City at the time of submitting the site plan application (see Exhibit A). I herebv certifv that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. APPLICANT V SIGNATURE OF� It, Do not write below this line DATE OF SUBIbI1SSION: Ll �z-- W AUTHORITY: ❑ Develo Development Review Board E Director Planning & Zonmi REVIEW p g g I have reviewed this site plan application and find it to be: D,60-m lete ❑ Incomplete P p Planning & Zoning or Designee U IT/� Date- E�-=IT A SITE PLAtX The following information must be shown on the site plan. Please submit five (5) copies and one reduced copy (11 " 11 I'T ) of the site plan. Failure to provide the following information will result your application iemg rejected and a delay in the review before the Development Review Board. • Lot drawn to scale (20 feet scale if possible) o Survey data (distance and acreage) o Contours (existing and finished) 0 Proposed landscaping schedule (number, variety and size) as rewired in Section 26.105 of the zoning regulations o Location of streets, abutting properties, fire hydrants, existing buildings, t isting landscaping o Existing and proposed curb cuts, pavement, wak ways o Zoning boundaries o Number and location of paridng spaces (as required under Section 26.25 of the zoning regulations) o Number and location of handicapped spaces (as required Lander Season 26.253(a) of the zoning regulations) o Location of septic tars (if applicable) o Location of any easements o Lot coverage information: Building footprint, total lot, and 'front yard • North arrow o Name of person or firm preparing site Dian and date o Exterior lighting details (cut sheets). All lights should be down casting and shielded. o Dumpster locations. (dumpsters must be screened) o Bicycle rack as required under Section 26.253(b) of the zoning regulations o If Restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE 11 New Application 1 $ 60.00* ❑ Amendment $ 35.00* * includes $ 10.00 recording fee ti/Is/cz_ Air conditioner units located within the setback, 63 Ethan Allen Drive. 0,A-rC,-> (-n Oti - `_1' W�r�-- - 01) 2I to 'aLc' o o 91K�, N' \ N' N N 0 N 8x2o SOX CO>JTAlUf2 \ L4- C C v O WIUUN I AIN AIR SYSTEMS, INC. 63 ETHAN ALLEN DRIVE St .-I BURLINGTON TEL: 862-6199 FAX:/ ,N AREA —DENSITY LOT SIZE 45,596 SF 100.0 % BUILDING 9,360 SF 20.5 % PAVED 15,353 SF 33.7 TOTAL 24,713 SF 54.2 % QI 0 v 0 u-c �oNN�E22r—t_ (�ybs�NT i. GAP' _ ET14AN _gLLE N p2 IVY 8• S' /o v 8 7'�.� Q /00-0 25 yo SET DAC-K _ N co He I 3 3 IS S W-�- L 335,o o 10' 20' 30' 40'.-50` %'(�QCH 26, 20 02 U O - V CONTRACTOR'S YARD BUILDING JG ARCHITECTS, INC. DATE BERARD CONSTRUCTION, CO., INC. JULIAN GOODRICH ARCHITECT 63 ETHAN ALLEN DRIVE 75 En-IAN ALLEN DRWE QSY COMMON NAME LATIN NAME QTY SIZE MARK RED CEDRA TREE JUNIPERUS VIRGINIANA 77 5'-6' A RED MAPLE ACER RUBUM 11 - 3" C B PAGODA DOGWOOD CORNUS ALTERNIFOLIA 9 3" C C TAMARIX JUNIPER JUNIPERUS SABINA 29 18" F q60 LIGHT COMMERCIAL BUILDING JG ARCHITECTS• INC. DATE- BERARD CONSTRUCTION CO., INC.- JULIAN GOODRICH ARCHITECT Y � LANDSCAPE rJ.7A 63 ETHAN ALLEN DRIVE 75 ETHAN ALLEN DRIVE - SOUTH BURLINGTON VERMONT SOUTH BURLINGTON V:3RMONT � n7IAtiO DRIVESBUILDING LAYOUT i ©V c i No Text City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 8, 1998 Mr. Seguin Sequin Electric 55 Airport Parkway South Burlington, Vermont 05403 Re: Light Manufacturing Building, 63 Ethan Allen Drive Dear Mr. Seguin: ZONING ADMINISTRATOR 658-7958 I am writing in response to your request to install two (2) exterior lights mounted on the building located at the above referenced address. Based on the information submitted, you wish to install two (2) SBF Powerflood Floodlights, 100 watts, metal halide. Your request is hereby approved subject to the following conditions: 1. The lights shall be pointed straight down at 90 degrees to the building. The lights shall not be tipped up to any degree. This is to ensure that the lights function as downcasting shielded fixtures as required by City ordinance. 2. The direct glare of the bulbs inside the light shall not be visible from any point off the property. Please contact me if you have any questions. Thank you for contacting this department prior to installing the lights. J4 Weith, City Planner JW/mcp SBF , SBN POWERFLOOD®FLOODLIGHT 4PPLICATIC Signage, facades, landscape lighting, building mounted focal points, flag lighting, residential, small scale commercial and industrial applications. Ideal for situations where an easy -to -conceal floodlight with either wide beam or narrow beam photometrics is needed. SPECIFICATION FEATURES • UL1572 Listed SUITABLE FOR WET LOCATIONS • CSA Certified • Standard construction is IP55 • Heavy duty die-cast aluminum housing • Dark bronze electrocoat paint finish inside and out • Enclosed and gasketed with Alzakt finished aluminum reflector and tempered glass lens • Wide beam and narrow beam optics for medium base HID lamps • HPF or NPF ballasts available • 1/2-inch ID threaded swivel mount • Medium base HPS or metal halide lamps d-- • Lamp included • Field installable photoelectric control • Corrosion -resistant hardware SBN SBF ORDERING NUMBER LOGIC SA RLISTED H PE PRODUCT ID. XXX WATTAGE XX LIGHT SOURCE X VOLTAGE X BALLAST TYPE X SBF= Wide Beam 03=35 S =HPS 0 = 120/208/240/277 See Ballast and SBF Powerflood 05=50 M=MH Multivolt Photometric Selection Floodlight 07=70 Standard: Lamp 1 =120 Table SBN = Narrow 10=100 included 2=208 A =Autoreg (175W Beam SBF Power flood Floodlight 15=150 (55V) 3 —240 Metal Halide only) 11=175 4=277 H =HPF Reactor or Lag 5 =480 N =NPF Reactor or Lag D=347 F=120X347 �`" •! h v Imo% SP OThe catalog numbers, options and modifications on this page are UL Listed unless otherwise noted. ® Registered Trademark of General Electric Company t Proprietary term of Aluminum Company of America Data subject to change without notice PE FUNCTION X PE = PE (if required) NOTE: Field installed PE Kit shown on Accessory page. SBF®, SBN POWERFLOOD®FLOODLIGHT DIMENSIONS 8.800 in. (224mm) 8.800 in. (224mm) TREADED MOUNT BALLAST AND PHOTOMETRIC SELECTION TABLE All light sources are clear unless otherwise indicated. Wattage Light Source Ballast Type/Voltage NEMA Type Beam Spread Horiz X Vert (Degrees) Photometric Curve Number 35-17 - - - - Multivolt 120, 208, 240, 277, 480 SBF 35** 50, 70, 100, 150 (55V) HPS HPS N/A H, N H, N- H, N 6X6(121X116) 6X6 (126X116) 7137 7138 70, 100** MH H H, N 6X6 (126X117) 7469 175** MH A A 6X6 (126X117) 7469 SBN 35** C/F C/F 50, 70, 100, 150 (55V) MHH, 3X4 (33X67) 8553 70, 100** 3X4 (34X56) 8572 175** 3X4 (34X56) 8572 NOTE: N/A = Not available C/F = Contact Factory NOTE: *120 volt only for 35 watt (480 volt available for all others) NOTE: **Not available in 347 volt or 120X347 volt 6.600 in. (168mm)� 2.000 in. (51 mm) Approximate Net Weight 10-15 Ibs (4-6 kgs) Effective Projected Area 0.8 sq ft (0.074 sq M) max Suggested Mounting Height 0-20 ft (0-6 M) See Page 105 for start of Accessories See Page 118 for Explanation of Options and Other Terms Used See Page 332 for Pole Selection ® Registered Trademark of General Electric Company Data subject to change without notice City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 8, 1998 Mr. Seguin Sequin Electric 55 Airport Parkway South Burlington, Vermont 05403 Re: Light Manufacturing Building, 63 Ethan Allen Drive Dear Mr. Seguin: ZONING ADMINISTRATOR 658-7958 I am writing in response to your request to install two (2) exterior lights mounted on the building located at the above referenced address. Based on the information submitted, you wish to install two (2) SBF Powerflood Floodlights, 100 watts, metal halide. Your request is hereby approved subject to the following conditions: l . The lights shall be pointed straight down at 90 degrees to the building. The lights shall not be tipped up to any degree. This is to ensure that the lights function as downcasting shielded fixtures as required by City ordinance. 2. The direct glare of the bulbs inside the light shall not be visible from any point off the property. Please contact me if you have any questions. Thank you for contacting this department prior to installing the lights. J4 Weith, City Planner JW/mcp ZIP \ 'POJ.00D PIK i ST-DAC V- \ 570 ` \ 154Gb. zAc IC iVJ <i' n? N N N a-. I ` r. v � � 1 MOUNTAIN Alr�SYSTEMS INC. 63 ETHAN ALLEN DRIVE SOUTH BURLINGTON fo� TEL: 862-6199 FAX:, j AREA -DENSITY Q LOT SIZE 45,596 SF 100.0 % BUILDING 9,360 SF 20.5 % PAVED 14,345 SF 31.5 % TOTAL 23,705 SF 52.0 % o I! N I � w Jo�NEtz�r`L uye�ANr -� q)AP° AI^LE Nl DZIVE 335.0 o' to' 2O' 3a 40'_ 5a` _ • � Col -{tit ��L`f�, �L I I , I I N v�� AWCH ZG, ZQ 02 o� �C, CO o K,ELC07 J. KELL�-'l.i I CO i i 11( 1. �l 8 CONTRACTOR'S YARD BUILDING 8 CONTRACTOR'S YARD BUILDING JG ARCHITECTS, INC. DATE 03.26 -O2 BERARD CONSTRUCTION, CO., INC. JULIAN GOODRICH ARCHITECT J 63 ETHAN ALLEN DRIVE 75 ETHAN ALLEN DRIVE City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 1, 1997 Julian Goodrich P.O. Box 2166 South Burlington, Vermont 05403 Re: Warehouse, 63 Ethan Allen Drive Dear Mr. Goodrich: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the March 11, 1997 Planning Commission meeting minutes and Findings of Fact and Decision on the above referenced project. Please note the conditions of approval and the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please give me a call. S nc rely Joe Weith, Cit Planner JW/mcp 2 Encls cc: Rene Berard PLANNING COMMISSION 11 March 1997 The South Burlington Planning Commission held a meeting on Tuesday, 11 March 1997, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chair; John Dinklage, Gayle Barone, Dan O'Rourke, Mark Crow Also Present: Joe Weith, City Planner; Gary Farrell, Ken Desmond, Randy Berard, David LeClair, David Luce, Mark Lords, Jack Long, Steven Lange, Julian Goodrich, Dennis Webster, Dan Morrissey 1. Other Business: No issues were raised. 2. Review Minutes of 18 February: Ms. Barone moved to approve the Minutes of 18 February as written. Mr. Dinklage seconded. Motion passed unanimously. 3. Consent Agenda: a) Site plan application of Gary Farrell to amend a previously approved site plan for a 130 room hotel with a 135 seat standard restaurant. The amendment is to: 1) construct a 4629 sq. ft. indoor pool building with enclosed walkway, 2) construct a 358 sq. ft. addition for an elevator and lobby, and 3) erect a 2500 sq. ft. tent on a seasonal basis, 1117 Williston Rd: b) Site plan application of Wendy Chambers Brown to amend a previously approved site plan for an auto rental service facil- ity. The amendment consists of using a portion of the property for long term parking (approximately 120-150 cars), 700 Airport Parkway. c) Site plan application of Randy & Rene Berard to amend a previously approved plan to construct a 13,650 sq. ft. light man- ufacturing building on a 1.2 acre parcel. The amendment consists of 1) reducing the size of the building from 13,650 sq. ft. to 8,000 sq. ft., 2) changing the use of the building from light manufacturing to warehouse, and 3) site modifications, 63 Ethan Allen Drive. Mr. Burgess asked if anyone on the Planning Commission or anyone in the audience wanted a full review of any of the applications on the consent agenda. There were no such requests. PLANNING COMMISSION 11 March 1997 page 2 Mr. Dinklage then moved that_ the_ Planning_Commission_aoorove the applications_ on_the _Consent_Agenda _subect_to-conditions _and stipulations recorded the the City_Planner's_memorandum _of 11 March 1997 (attached). Ms. unanimousl�_____ 4. Continued site plan application of BLS Properties to construct a 1200 sq. ft. addition to an existing 44,703 sq. ft. medical office building, 52 Timber Lane: Mr. Long said the Planning Commission had wanted clarification about proposed and existing landscaping on the site. He showed a plan which he said indicated all new landscaping valued at $3600. This is in the form of more crabapple trees (12 at $300 each). The Commission had also asked about existing parking. Mr. Long said there are actually 211 parking spaces on the site now. The new site plan shows all parking including 6 new spaces, 2 in the southwest part of the site and the rest just west of the new addition. This will result in a total of 217 spaces. Mr. Burgess said that in 1987, the Planning Commission was shown a plan with 147 existing spaces. The plan at that time was to add 83 more spaces for a total of 230, which is what the Com- mission assumed were on the site. Apparently, all of the 83 new spaces were not added at that time, and the Commission would like those to be added now, for a total of 16 new spaces. Mr. Weith showed an area where parking has been a problem, and the Fire Dept. has complained about people parking where they shouldn't be. He added that in looking at the site, he found where 5 spaces could be added to the front area, and he would be satisfied if those were added in addition to those proposed by the applicant with this application. Mr. Long said they could add more parking by cutting down trees but would prefer not to since this is near a residential area. Mr. Burgess replied that the Commission had required those spaces to be put in and they weren't, with resulting problems. Mr. Long asked if they could put in the spaces where they would have the least impact. Mr. Burgess said the Commission would like them where they will have the most practical use. Mr. Long said there is a question of exceeding front yard coverage, so they would have to find them elsewhere. Mr. Dinklage suggested getting staff to park in the rear to free up the front area for others. He said he would like to see the plan as close to compliance as possible. Mr. Weith said that with the additional 11 spaces, the Commis- Memorandum - Planning March 11, 1997 agenda items March 7, 1997 Page 4 2. The northernmost existing floodlight shall be replaced with a shielded downcasting fixture by March 28, 1997. 3. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 4. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the long term parking use will generate two (2) additional vehicle trip ends during the P.M. peak hour. 5. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 7. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to establishing the new use. 8. Any changes to the site plan shall require approval by the South Burlington Planning Commission. c) RANDY & RENE BERARD - WAREHOUSE - SITE PLAN This project consists of amending a previously approved plan to construct a 13,650 square foot light manufacturing building on a 1.2 acre parcel. The amendment consists of: 1) reducing the size of the building from 13,650 square feet to 8,000 square feet, 2) change the use of the building from light manufacturing to warehouse, and 3) site modifications. The plan was previously approved on 9/10/96 (minutes enclosed). This property located at 63 Ethan Allen Drive lies within the IC and Floodplain Overlay Districts. It is bounded on the north by Ethan Allen Drive, on the east by Commerce Avenue, on the south by an undeveloped lot and on the west by the floodplain. Access/circulation: Access will be provided by a 26 foot curb cut on Ethan Allen Drive and a 24 foot curb cut on Commerce Avenue. Both curb cuts are for ingress and egress. Section 26.103(a) of the zoning regulations states that "unless specifically approved by F Memorandum - Planning March 11, 1997 agenda items March 7, 1997 Page 5 the Planning Commission there shall be a maximum of one driveway per lot accessing a public street." Two (2) curb cuts were approved on the 9/10/96 plan. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 13.2% (maximum allowed is 30%). Overall coverage is 52% (maximum allowed is (70%). Front yard coverage along Ethan Allen Drive is 21.5% and along Commerce Avenue is 28.5% (maximum allowed is 30%). Setback requirements are met. Landscaping: The minimum landscaping requirement, based on building costs, is $6000 which is being met. Plantings include Red Maple, Red Cedar, Dogwood and Juniper. Parking: A total of 28 spaces are required and 28 spaces including one (1) handicapped space and a bike rack will be provided. Sewer: The sewer allocation needed for this project is 300 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. Traffic: ITE estimates that the proposed use will generate 5.9 vehicle trip ends during the P.M. peak hour. The applicant should be aware that the road impact fee will be $880. Sidewalk: A condition of the subdivision from which this lot was created stated that "the developer shall have the option of contributing $15 per linear frontage feet toward the city sidewalk fund or building a sidewalk" along the street frontage. Staff recommends that the applicant contribute to the sidewalk fund. Dumpster: The proposed dumpster storage area will be screened by a hedge along Ethan Allen Drive. Lighting: Exterior lighting will consist of three (3) building mounted fixtures. The details of these lights should be submitted and approved by the City Planner prior to permit issuance. Floodplain Overlay District: A portion of the parking area located at the westerly end of the property is located within the Floodplain Overlay District. The boundaries of this district 5 Memorandum - Planning March 11, 1997 agenda items March 7, 1997 Page 6 corresponds with the 218 foot elevation. The ZBA previously approved a variance to allow the use of the Floodplain Overlay District for parking. Recommended Conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The Commission grants a sewer allocation of 300 gpd. The applicant shall pay the per gallon fee prior to issuance of a zoning permit. 3. Prior to issuance of a zoning permit, the applicant shall post a $6000 landscape bond. The bond shall remain in effect for three years to assure that the landscaping takes root and has a good chance of surviving. 4. The applicant shall contribute $15 per linear frontage feet toward the City sidewalk fund prior to permit issuance. 5. Pursuant to Section 26.103(a) of the zoning regulations, the Planning Commission approves two (2) driveways accessing a public street. 6. All new exterior lighting shall be downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. Details of the building mounted lights shall be submitted and approved by the City Planner prior to permit issuance. 7. For purposes of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed use will generate 5.9 vehicle trip ends during the P.M. peak hour. 8. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 9. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the new building. 0 Memorandum - Planning March 11, 1997 agenda items March 7, 1997 Page 7 10. Any change to the site plan shall require approval by the South Burlington Planning Commission. 4) BLS PROPERTIES - MEDICAL OFFICE ADDITION - SITE PLAN This application was continued from the February 25, 1997 meeting to provide the applicant time to revise the site plan to add existing landscaping information and show the individual parking spaces. Staff's February 25, 1997 memo is enclosed for your review. Landscaping: The site plan has been revised to show the existing and proposed landscaping. The plan is still $950 short of the minimum landscaping requirement of $3600. The plan should be revised to meet the minimum landscaping requirement. Parking: The plan shows 211 existing parking spaces and six (6) new spaces for a total of 217 parking spaces. This represents a 28 space shortfall from the 245 spaces required for the property. The applicant's proposed addition requires six (6) spaces which are being added. In 1987 the Commission approved a large expansion to the medical office building. The approved plan indicated that there were 147 existing and 83 new spaces for a total of 230 spaces. The plan did not show the existing spaces, only the new spaces to be added. Apparently, the existing 147 spaces were never verified. In a recent inspection of the site, it appears that 10 of the 83 spaces which were proposed to be added in 1987 never were built. Staff recommends that these 10 spaces also be constructed as part of this application. 5) DAVID LUCE - PARKING LOT ALTERATIONS - SITE PLAN This project consists of amending a previously approved site plan for a 275 seat church. The amendment consists of modifications to the parking area. The last review of this property by the Commission was on 6/28/83 (minutes enclosed). fd M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: March 11, 1997 Agenda Items Date: March 7, 1997 LOT 7, GREEN TREE PARK GREEN TREE DRIVE 1. Water shut off valve to building shall be within public r.o.w. Plans shows it within the lot. It should be moved or a easement given to the City around it. 2. Drainage pipe material should be plastic or concrete not metal as plan shows. LATTER DAY SAINTS CHURCH - SWIFT STREET Site plan prepared by David Luce architect dated 1/10/97 is acceptable. 57 69 & 85 SWIFT STREET - PLANNED UNIT DEVELOPMENT The parking lot east of the new building should have an inlet to intercept the storm water from it and the new building otherwise it all drains toward the property to the east. The building and the parking lot will increase the storm water runoff considerably. BUDGET RENT -A -CAR - AIRPORT PARKWAY Site plan dated 11/1/93 prepared by Lamoureux & Stone Consulting Engineers is acceptable. RAMADA INN - WILLISTON ROAD 1. Site plan prepared by Terry Boyle dated 2/28/97 is acceptable. MOUNTAIN AIR BUILDING - ETHAN ALLEN DRIVE 1. Entrances shall have a concrete depressed curb. 2. Site shall drain toward the brook. N M E M O R A N D U M To: Joe Weith, South Burlington City Planner From: South Burlington Fire Department Re: Plans Reviewed for March 11, 1997 Date: March 6, 1997 1. Church of Jesus Christ Dated 2/10/97 of Latter Day Saints 400 Swift Street Acceptable 2. Swift Street P.U.D. Dated 2/12/97 57, 69 & 85 Swift Street --- all driveways must be 20 feet wide, hard surfaces. -- 20 foot access between parking spaces south side of building. --- poor access east and north side of building. --- sprinkled building with Storts 4" Fire Department connection, Fire Department connections in stairwells, 2 }" stand pipes reduced to 11" I.P. 3. Green Tree Park, Inc. Dated 1/29/97 6 Green Tree Drive --- water flow on dead end line. --- Fire Department connections. 4. Wendy Brown 700 Airport Parkway Acceptable 5. Ramada Inn 1117 Williston Raod Dated 2/20/97 Dated 2/28/97 A fire hydrant should be added adjacent to the approved driveway at the south end of the property. 6. Randy & Rene Berard 63 Ethan Allen Drive Acceptable Dated 3/5/97 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 7, 1997 Julian Goodrich P.O. Box 2166 South Burlington, Vermont 05403 Re: Warehouse, 63 Ethan Allen Drive Dear Mr. Goodrich: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and comments from City Engineer Bill Szymanski, the Fire Department and myself. Please be sure someone is present on Tuesday, March 11, 1997, at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, i Joe Weithl� City Planner JW/mcp Encls cc: Rene Berard PLANNING COMMISSION 10 September 1996 page 8 ance from the Administrative Officer prior to occupancy of the new building. 10. Any change to the site plan shall require approval by the South Burlington Planning Commission. Mr. Teeson seconded. The motion passed unanimously. 7. Site Plan application of Berard Construction Company, Inc., to construct a 13,650 sq. ft. light manufacturing building on a 1.2 acre parcel, 63 Ethan Allen Drive: Mr. Goodrich said there are three issues to be resolved: a) the number of curb cuts b) wetlands (which he believed was remedied by a letter from Cathy O'Brien) c) floodplain (for which a letter is on file stating there is no issue here). Mr. Goodrich then explained the request for 2 curb cuts. The company manufactures kitchen equipment and has 16 employees. There are 2 trailers which come in aid backload materials. The company uses its own 2 trucks to deliver products to clients. The other part of the plant is a small showroom. The intent of the 2 accesses is to separate the 2 types of traffic as it might be dangerous to have customers fighting trailer traffic. Mr. Burgess asked what the daily traffic would be. Mr. Goodrich estimated 2 or 3 trips for each truck per day. Members had no problem with the second curb cut. Mr. Beaudin moved the Planning Commission approve the site plan application of Berard Construction Company, Inc, to construct a 13,650 sq ft light manufacturing building on a 1.2 acre parcel, 63 Ethan Allen Drive, as depicted on a two page set of plans, page one entitled "Light Manufacturing Building, Berard Construc- tion Co., 63 Ethan Allen Drive, South Burlington, Vermont," pre- pared by J G Architects, Inc, dated 7/11/96, with the following stipulations: 1 All previous approvals and stipulations which are not super- seded by this approval shall remain in effect. 2 The plans shall be revised to show the changes below and sha_1_1_ require approval of the City Planner. Three copies of the approved revised plans shall be submitted to the City Planner prior to permit issueance: PLANNING COMMISSION 10 September 1996 page 9 a)The site plan shall be revised to show one handicapped parking space. b. The site plan shall be revised to show the boundaries of the Floodplain Overlay District. c. The site plan and landscape plan shall be revised to include a north arrow. 3. The Commission grants a sewer. allocation of 240 gpd. The applicant shall pay the per gallon fee prior to issuance of a zoning permit. 4. Prior to issuance of a zoning permit, the applicant shall post a $9, 0 landscape bond. The bond shall remain in effect for three years to assure that the landscaping takes root and has a good chance of surviving. 5. The applicant shall contribute $15 per linear frontage feet toward the city sidewalk fund prior to permit issuance. 6. Pursuant to Section 26.103(a) of the zoning regulations, the Planning Commission approves two driveways accessing a public_ street. 7. All new exterior lighting shall be downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 8. For purposes of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed use will generate 10.3 vehicle trip ends during the P.M. peak hour. 9. The curb cut located closest to Commerce Avenue shall not be used for loading or unloading activities. 10. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 11. The applicant shall obtain a Certificate of Occupancy/Compli- ance from the Administrative Officer prior to occupancy of the new building. 12. Any change to the site plan shall require approval by the South Burlington Planning Commission. Mr. Teeson seconded and the motion was passed unanimously. � U _ � NN .8�ov l � Cr yr' ham?' Q �I \�; FEBIc 2 8 1997 °/ ss • �L LIGHT COMMERCIAL BUILDING BERARD CONSTRUCTION CO.,INC. City of So. Burlington 63 ETHAN ALLEN DRIVE -SOUTH BURLINGTON VERMONT 0 33� o JOHN bLLTq ►z. JG ARCHITECTS, INC. DATE JULIAN GOODRICH ARCHITECT 75 ETHAN ALLEN DRIVE SOUTH BURLINGTON VERMONT BUILDING 6,000 v 15,980 13.16 35.05 $ $ PAVED TOTAL 21,980 SF 48,,21 $ LOT SIZE 45,596 SF 100,00 $ t 4 A,N ALLEN DRIVE 1 � Y U O .W .w 8''1 \V 8'4 S �I`13. • o 4 zb 44 1. He S o, 0' Z 0. 30, 40. 5 0, do IMNNOL C m J J O J -.Z � � N ► P:: ,.SED MOUNTAIN AIR QUILDI�JG `�9j� F V`• PARKING DRIVES & BUILDING LAYOUT s�• 3 /1 ka�Ji�irJ i9�i� l�- 0 o� 61,�`�` 12 75WD Aj� - - ----------- **,--�-.Ill t -1-11- /0 klkx�l I�j f ��R�� -� -- �a�l �� <�� x�� / `-� �� r � .� �� i CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) f r 2-- 57-17 CA N d Y -t 2, L U C n r- F-A Q CJ 75 -e:T144� ►y LL t= til PK l VE 2) APPLICANT (name, address, phone #) SA/AL As A (3pVl--- 3) CONTACT PERSON (name, address, phone #) a,6 — 76 76 O UL.1A+J G0QD1g(C44' 4) PROJECT STREET ADDRESS : 63 E T UAN A L L l:-. N D 2\ V.E 5) LOT NUMBER (if applicable) 3-7 6) PROPOSED USE(S) L.�4�/T COIi(//lC2Gl� M 00A) [ lAl A iK :5Vf TL= IA! 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) '0 0 0 0 S F- 0 NJ--- FL oop- 8) NUMBER OF EMPLOYEES Z O 9) LOT COVERAGE: building Z llp %; landscaped areas-5/ % building, parking, outside storage% } v % ) �s 1 -3 _ J !' (� 6 ti T a 4:�V 1 V J V V J L i.. J 1 1 1- l A l L �l . U l < l ..l 1•. E, - W - , _ Other Site Improvements (please list with cost) 1_1) ESTIMATED PROJECT COMPLETION DATE: SF.. PT. l 1 7 q -7 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) . Estimated trip ends (in and out) during the following, hours: Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. , 2-3 P.M. 3-4 p.m. � _; 4-5 p.m. 5-6 p.m.— ; 6-7 p.m. 13) PEAK HOURS OF OPERATION: 14) PEAK DAYS OF OPERATION Z 8Z ci7 DATt OF SUBMISSION DATE OF HEARING 7A /A -- 4 /A lit O'Jv � A -�- � ►Z I SIGNATURE OF APPLICANT PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 October 10, 1996 Rene Berard P.O. Box 2039 South Burlington, Vermont 05403 Re: Light Manufacturing Building, 63 Ethan Allen Drive Dear Mr. Berard: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on September 10, 1996. Please note the conditions of approval including the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please give me a call. in erely, �t Jo Weit , Ci y Planner JW/mcp 1 Encl cc: Julian Goodrich PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 October 8, 1996 Rene Berard P.O. Box 2039 South Burlington, Vermont 05403 Re: Light Manufacturing Building, 63 Ethan Allen Drive Dear Mr. Berard: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the September 10, 1996 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, JW/mcp 1 Encl cc: Julian Goodrich please g' a me a call. c ,✓ Jo Weith, City Planner STATE OF VERMONT AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: James Barron ) DISTRICT ENVIRONMENTAL COMMISSION #4 APPLICATION #4C0643-3C October 1, 1996 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Natural Resources, State of Vermont, by and through its attorney, Andrew Raubvogel, Esq. , in the above -captioned matter. PRE -HEARING COMMENTS Criterion 1(B) - WASTE DISPOSAL Carol Carpenter, Environmental Engineer with the Wastewater Management Division, comments that this project meets the terms and conditions of discharge permit #1-0621. Valerie Colegrove, Hydrogeologist with the Water Supply Division (WSD), notes that Proposed Condition #12 prohibits floor drains which discharge on -site without prior approval from the District Commission. In addition to prior written approval from the Commission, Ms. Colegrove comments that floor drains discharging on -site will also need to obtain an Underground Injection Control (UIC) Permit prior to construction from the WSD. Ms. Colegrove can be reached at 241-3428. Criterion 1(G) - WETLANDS Cathy O'Brien, Assistant Wetlands Coordinator with the Water Quality Division (WQD), reports that the applicant will need to obtain a Conditional Use Determination (CUD) from the WQD prior to the construction of the drainage swale indicated on the site plan as being constructed through the 50-foot buffer of a Class II wetland. The applicant is requested to contact Ms. O'Brien regarding the CUD. Criteria 9(F) and 9(1) - ENERGY CONSERVATION and PUBLIC UTILITIES Stuart Slote, Demand -Side Management Specialist with the Department of Public Service (DPS), has reviewed the application and finds there are some unresolved energy efficiency issues which need to be addressed prior to the issuance of a permit. To assure that the proposed development reflects the best available technology for efficient use, generation, conservation and recovery of energy, the applicant should address the following measures: Application ##4C0643-3C October 1, 1996 Barron Page 2 1) Provide calculations and plans for proposed insulation levels in the roofs and ceilings for the office area and for foundations. The DPS recommends the installation of foundation insulation with a minimum R-10 insulation level. 2) Provide specifications for the energy management system and thermostats. The DPS recommends the installation of 7-day programmable thermostats. 3) Provide plans and specifications for HVAC systems, including AFUE (annual fuel utilization efficiency). 4) Provide plans and specifications for hot water heating systems, including E.F. (energy factor) and use of heat reclamation from refrigeration systems, if appropriate. 5) Describe energy efficiency consideration in any proposed loading docks and overhead doors. The DPS recommends the installation of overhead doors with a minimum R-10 insulation level. Green Mountain Power Corporation (GMP) and Vermont Gas Systems, Inc. (VGS) have programs to assist customers in evaluating equipment options relative to energy efficiency and load management. For information about the availability of energy efficiency programs, the DPS recommends that the applicant contact Dan Gaherty, with GMP, at 660- 5604, and Sandra LaFlamme, with VGS, 863-4511. The DPS requests that the applicant address these outstanding items and submit a response to the DPS for review and approval prior to the issuance of a land use permit. If the applicant does not believe a particular measure is warranted, the applicant may submit information demonstrating that the measure is not applicable, or that an alternative measure is acceptable. All responses should be directed to Mr. Slote at (802) 828-4038, Vermont Department of Public Service, 112 State Street, Drawer 20, Montpelier, Vermont 05620-2601. Dated October 1, 1996, at Waterbury, Vermont. Respectfully submitted, State of Vermont Agency of Natural Resources By J ' . Caffry, Esq,'� r CERTIFICATE OF SERVICE I hereby certify that I, Christian Sleeper, Secretary for the Planning Division of the Agency of Natural Resources, sent a copy of the foregoing Entry of Appearance and Pre -hearing Comments dated October 1, 1996, regarding File #4C0643-3C (Barron) by U.S. mail, postage prepaid, to the following: James Barron 8 Aspen Lane Williston, VT 05495 Brad Rabinowitz, Architect 200 Main Street Burlington, VT 05401 Burlington City Clerk & Chair, City Council & Chair, Planning Commission 575 Dorset Street South Burlington, VT 05403 Chittenden County RPC PO Box 108 Essex Junction, VT 05453 Dated. October 1, 1996 Q Waterbury, VT C._ Christian Sleeper State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voioe 1-800-253-0195 Voioe>TDD Julian Goodrich JG Architects, Inc. P.O. Box 2166 South Burlington, VT 05407-2166 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DIVISION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 RE: Lot 37 Ethan Allen Industrial Park, South Burlington Dear Mr. Goodrich: FAx 802-241-3287 TEL 802-241-3770 September 9, 1996 Thank you for meeting me on August 22, 1996 on lot 37 of the Ethan Allen Industrial Park. There is a Class Two wetland adjacent to the channelized stream to the west of this lot. The project as currently designed would impact the buffer zone with the parking lot. The wetland on this property is contiguous to a wetland which has been identified on the National Wetlands Inventory (NWI) maps (see enclosed map). The Vermont Wetland Rules designate all palustrine wetlands identified on NWI maps and contiguous wetland areas as significant (Class Two) wetlands. Any activity in a Class Two wetland or associated 50 foot buffer zone, other than allowed uses specified in Section 6.2 of the Wetland Rules, requires a Conditional Use Determination (C.U.D.) from the Agency of Natural Resources (Vermont Wetland Rules, Section 6.3 and 8). Such a determination may only be granted if it is shown that the proposed activity will not have undue adverse impacts on protected wetland functions [Vermont Wetland Rules, Section 8.5(a)]. Since the parking lot is proposed within the buffer zone, a Conditional Use Determination would be required. The average processing time from the time a complete application is received is 8 to 12 weeks. Obviously, the Wetlands Office encourages people to avoid impacts to the wetlands and buffer zones wherever possible. A permit can only be issued upon a showing by the applicant that the functions of the wetland will not be adversely impacted. The wetland edge is currently approximately along a line between the power pole at the edge of the road on the east side of the stream crossing and the power pole out in the field. We discussed the land history at this site. I have examined the 1962, 1974 and 1992 aerial photos of this area to determine past use. In the 1962 photos, the stream had not been channelized. There was a wooded wetland of approximately the same Chlorine Free 100% Recycled Paper Page 2 dimensions as the current wetland. It was farmed up to the edge of the forested wetland which I believe corresponds with the break in the topography. By the 1974 photo, the wetland vegetation had been cleared and the water floe, channelized. It was farmed up to the edge of the ditch at that time. In the 1992 photo, the channelized water course was still evident, but it was no longer farmed up the edge of the ditch. It appears to have been farmed to the edge of the existing wetland at that topographic break. Beaver use was not yet evident in the 1992 photo. In summary, although the land was converted to agriculture sometime between 1962 and 1974, it had been a wetland before that time. The area in question currently is technically defined as a wetland based on the presence of wetland vegetation, wetland soils und wetland hydrology. It is therefore regulated as a vJetland. Please feel free to call me with any questions or comments. Sincerely, C.�J�(0 1 Q:X�� Catherine L. O'Brien Assistant Wetlands Coordinator enc. cc: Ray Belair, City of South Burlington co\lot37.let 9/10/96 MOTION OF APPROVAL BERARD CONSTRUCTION COMPANY, INC. I move the South Burlington Planning Commission approve the site plan application of Berard Construction Company, Inc., to construct a 13,650 square foot light manufacturing building on a 1.2 acre parcel, 63 Ethan Allen Drive, as depicted on a two (2) page set of plans, page one (1) entitled "Light Manufacturing Building, Berard Construction Co., 63 Ethan Allen Drive, South Burlington, Vermont," prepared by J.G. Architects, Inc., dated 7/11/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised to show the changes below and shall require approval of the City Planner. Three (3) copies of the approved revised plans shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show one (1) handicapped space. b) The site plan shall be revised to show the boundaries of the Floodplain Overlay District. c) The site plan and landscape plan shall be revised to include a north arrow. 3. The Commission grants a sewer allocation of 240 gpd. The applicant shall pay the per gallon fee prior to issuance of a zoning permit. 4. Prior to issuance of a zoning permit, the applicant shall post a $9760 landscape bond. The bond shall remain in effect for three years to assure that the landscaping takes root and has a good chance of surviving. 5. The applicant shall contribute $15 per linear frontage feet toward the City sidewalk fund prior to permit issuance. 6. Pursuant to Section 26.103(a) of the zoning regulations, the Planning Commission approves two (2) driveways accessing a public street. 7. All new exterior lighting shall be downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. vv , 8. For purposes of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed use will generate 10.3 vehicle trip ends during the P.M. peak hour. (r>2 . The applicant shall obtain a zoning permit within six (6) ` months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. It 10. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the new building. (,Z,11. Any change to the site plan shall require approval by the South Burlington Planning Commission. (motionsp) ,"tl� Memorandum - Planning September 10, 1996 agenda items September 6, 1996 Page 7 6) BERARD CONSTRUCTION COMPANY, INC., - LIGHT MANUFACTURING BUILDING - SITE PLAN This project consists of constructing a 13,650 square foot light manufacturing building on a 1.05 acre lot. The ZBA on 8/26/96 granted the applicant a use variance to allow a portion of the parking area within the Floodplain Overlay District. This property located at 63 Ethan Allen Drive lies within the IC and Floodplain Overlay Districts. It is bounded on the north by Ethan Allen Drive, on the east by Commerce Avenue, on the south by an undeveloped lot and on the west by the floodplain. Access/circulation: Access will be provided by a 36 foot curb cut and a 28 foot curb cut on Ethan Allen Drive. Both curb cuts are for ingress and egress. Section 26.103(a) of the zoning regulations states that "unless specifically approved by the Planning Commission there shall be a maximum of one driveway per lot accessing a public street. The applicant should be prepared to justify the additional curb cut. Staff recommends that the curb cut closest to Commerce Avenue not be used for loading. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 29.9% (maximum allowed is 30%). Overall coverage is 65.3% (maximum allowed is (70%). Front yard coverage along Ethan Allen Drive is 27% and along Commerce Avenue is 0% (maximum allowed is 30%). Setback requirements are met. Landscaping: The minimum landscaping requirement, based on S building costs, is $9760 which is being met. Plantings include Red r 9 Maple, Red Cedar, Dogwood, Yew and Juniper.' ✓ Parking: A total of 14 spaces are required and 26 spaces are proposed. The plan should be revised to show one (1) handicapped space. A bike rack is being provided as required. Sewer: The sewer allocation needed for this project is 240 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. W Memorandum - September 10, September 6, Page 8 Planning 1996 agenda items 1996 Traffic: ITE estimates that the proposed use will generate 10.3 vehicle trip ends during the P.M. peak hour. The applicant should be aware that the road impact fee will be $880. Sidewalk: A condition of the subdivision from which this lot was created stated that "the developer shall have the option of contributing $15 per linear frontage feet toward the city sidewalk fund or building a sidewalk" along the street frontage. Staff recommends that the applicant contribute to the sidewalk fund. Dumpster: The proposed dumpster storage area will be screened by the building. Lighting: Exterior lighting will consist of seven (7) building mounted 175 watt metal halide lamps with downcasting shielded fixtures. Floodplain Overlay District: A portion of the parking area located at the westerly end of the property is located within the Floodplain Overlay District. The ZBA on 8/26/96 granted the applicant a use variance to allow the parking area to be located within the Floodplain Overlay District. The boundaries of this district should be shown on the plan. Other: --- the plan should be revised to include a scale and north arrow. 7) BILL BISSONETTE - PARKING LOT - SITE PLAN This project consists of constructing a 12 space gravel parking lot and site modifications to a adjoining parcel. The property to be developed with the parking lot located at 70 White Street lies within the Cl District. It is bounded on the north by commercial/residential complex, on the east by a medical office (which is also part of this application), on the south by White Street, and on the west by the U.S. Post office. The property which will be providing access to the new parking area located at 55 Patchen Road lies within the Cl District. It is bounded on the north by a commercial/residential complex, on the C City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 1, 1996 Rene Berard P.O. Box 2039 South Burlington, Vermont 05403 Re: Light Manufacturing Building, 63 Ethan Allen Drive Dear Mr. Berard: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced projects from City Engineer Bill Szymanski. If you have any questions, please give me a call. Sin ely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encl Preliminary Memo - City Engineer July 23, 1996 agenda items June 28, 1996 Page 2 4. The entire lot drains south-easterly toward Muddy Brook where an easement across Lot #11 was designated for that purpose. This should be maintained not reversed. 5. Plans call for the finished floor of the building to be just 3 inches above the finished grade of the front parking lot, this may be a problem. 6. Work within Gregory Drive will require a permit from the City Street Department. LOT #37 - JOHN BELTER COMMERCIAL DEVELOPMENT - ETHAN ALLEN DRIVE 1. Plan should have a title and name of person who prepared the plan. 2. All existing topography should be shown on the plan. 3. Existing trees planted as part of the original subdivision should not be disturbed. 4. It appears there will be a lot of filling in vicinity of the power lines which may be in wetlands, this should be checked. 5. Existing and proposed services (water, sewer) should be shown. 6. Final plan shall show grading such that the entire site is draining easterly to the brook. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 26, 1996 Rene Berard P.O. Box 2039 South Burlington, Vermont 05403 Re: Light Manufacturing Building, 63 Ethan Allen Drive Dear Mr. Berard: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced projects from Fire Chief Wally Possich and myself. Comments from City Engineer Bill Szymanski will be forwarded when they are available. Please respond to these comments with revised plans and/or additional information no later than Friday, July 12, 1996. If you have any questions, please give me a call. Sincerely, 01- J. Belair, Raymond , Zoning and Planning Assistant RJB/mcp Encls Preliminary Memo - Planning July 23, 1996 agenda items June 24, 1996 Page 3 --- provide front yard coverage for each of the two (2) front yards. It appears that the front yard coverage limitation along Commerce Avenue is not being met. --- Section 25.107 of the zoning regulations states that "a continuous strip 15 feet in width traversed only by driveways shall be maintained between the street r.o.w. line and the balance of the lot." This requirement is not being met. --- submit details (cut -sheets) for all exterior lights and show locations on the plan. --- show screened dumpster location, if any. --- a condition of the subdivision from which this lot was created stated that "the developer shall have the option of contributing $15 per linear frontage feet toward the city sidewalk fund or building a sidewalk along his frontage on the unnamed new city street." --- this subdivision approval also required that the developer contribute $880 for improvements to the Ethan Allen Drive/Shamrock Road intersection. --- a bike rack should be provided as required under Section 26.253(b) of the zoning regulations. THE PLANNING COMMISSION CAN NOT APPROVE THIS PLAN UNLESS THE FRONT YARD COVERAGE, SETBACKS AND BUFFER STRIP REQUIREMENTS ARE MET. EAST SHORE DRYWALL, INC. - WAREHOUSE/LIGHT MANUFACTURING BUILDING - RTTF. PLAN for warehouse use, provide square footage of office space, number of non -office employees and number of company vehicles operating from the premises (for parking calculations). --- show locations of building mounted lights. --- indicate height of pole light. --- will dumpsters be used? If so, show screened storage area. --- the applicant should be aware that the road impact fee will be approximately $2800. BURLINGTON TENNIS CLUB - PADDLE TENNIS COURTS - SITE PLAN --- indicate quantity and size of proposed Burning Bush plants. --- exterior lights, when installed, should be tipped downward so they are downcasting and do not cast light beyond the property line. 3 Preliminary Memo - Planning July 23, 1996 agenda items June 25, 1996 Page 2 along the U-Mall entrance road in front of the auto service center, 3) larger plant species throughout the site, and 4) as many of the mature trees on the Hedman property should be saved. --- staff recommends that the plat show the Hedman property as to be merged with the rest of the U-Mall property. --- submit before and after coverage information for the C.O. District along the interstate. --- pedestrian safety throughout the parking lot should be promoted. BERARD CONSTRUCTION COMPANY, INC. - LIGHT MANUFACTURING BUILDING - G TTV PT.AN --- plan should include a title, date prepared, prepare's name and street number (63 Ethan Allen Drive). --- provide all property line distances, some are missing from the plan. --- landscaping plan should include a planting schedule which includes the type of plant (common name and botanical name), size and quantity for each type of plant proposed. --- indicate location of nearest fire hydrant. --- Section 26.103(a) of the zoning regulations states that "unless specifically approved by the Planning Commission there shall be a maximum of one driveway per lot accessing a public street." Two (2) driveways are proposed, therefore the applicant must justify the additional driveway. --- the driveway on Ethan Allen Drive is proposed to be 38 feet in width. Section 26.103(b) of the zoning regulations limits commercial driveways to 36 feet unless a different size is required by the Planning Commission due to special circumstances. --- the proposed building does not meet the 40 foot front yard setback from Ethan Allen Drive. The Planning Commission can not approve this building unless the setback requirements are met. --- indicate number of company vehicles operating from the premises. --- the area for the four ( 4 ) parking spaces and the parking aisle at the northwest corner of the building should be 40 feet (18 feet for the spaces and 22 feet for the aisle) , this area scales 39 feet on the plan. 2 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 September 6, 1996 Rene Berard P.O. Box 2039 South Burlington, Vermont 05403 Re: Light Manufacturing Building, 63 Ethan Allen Drive Dear Mr. Berard: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, September 10, 1996 at 7:30 P.M. to represent your request. If you have any questions, JW/mcp Encls cc: Julian Goodrich please give me a call. Silic rely, Joe eith, Cit Planner M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for July 23, 1996 Agenda Date: June 25, 1996 I have reviewed the listed site plans and my comments are as follows: 1. Lot 12, Green Tree Park Gregory Drive Acceptable 2. Light Manufacturing Building Ethan Allen Drive Acceptable 3. Burlington Tennis Club Paddle Tennis Courts 12 East Terrace Acceptable 4. University Mall Expansion 155 Dorset Street Acceptable; however, proposed hydrant locations need to be shown. Dated 5/29/96 Project No. 96042 Dated 5/28/96 Dated 5/15/96 Dated 5/22/96 Project No. 6699.16 PLANNING COMMISSION 25 AUGUST 1987 PAGE 5 at level "E". Mr. Dickinson said this is a high accident location and they propose adding additional warning beacons and signs. Mrs. Maher asked how long it will remain at level "E". Mr. Dickinson replied until widened or some other alternative roads exist.. Craig Leiner said he is not sure the trip generation method used was the best. He has other concerns that the rates are as much as half the ITE rates. Mrs. Lafleur suggested the Planning Commission not necessarily agree with the proposed improvements but that the City Engineer, Craig Leiner, and the applicant and his traffic consultant get together and come up with a list of improvements and associated costs. The developer would then pay a share of these improvements based on the traffic he is adding to the probelm. Mrs. Maher suggested the Commission review the project every few years to see what is happening. Mr. Sutton of Shamrock Rd. opposed the project on the grounds of the dangerous traffic situation. He said on weekends, Air Guard traffic is so heavy they can't get in or out of their driveway. At least 3 people hit the pole last winter, and there have been many other serious accidents. It is one of the most dangerous intersections in the city. He felt that concessions should not be made at the risk of people's lives. Mr. Audette said he needed to know what will happen soon so he knows what to do with Ethan Allen Road. Mrs. Hurd moved that the Planning Commission approve the final plat of John H. Belter,Jr, for a 21 lot industrial -com- mercial subdivision as depicted on a 10 page set of plans en- titled "Ethan Allen Farms Industrial Subdivision, Phase 31 lots 22-42" prepared � dated ated February 1987, stamp dated August 5L 1987 with the following stipula- tions: 1. A landscaping bond for street trees in an amount deter- mined �2y the City Planner shall be posted prior to any con- struction. A suitable street tree shall be substituted for the Ash. All trees shall be at least 2-1/2 inch caliper, not 2 inch. 2. A bond shall be posted for streets prior to construction. The amount shall be determined �2y the City Engineer. 3. The following changes shall be made to the plan within 90 gays: a. Sewer manhole #9 shall have an 8: stub northerly b. All previously approved lots along the northern PLANNING COMMISSION 25 AUGUST 1987 PAGE 6 side of the new street shall have a sewer stub c. Additional drainage inlets to drain where grades are flat and to limit drainage to 300 feet for each set of inlets 4. An association of landowners to maintain off -site holding ponds and drainage ponds shall be formed. This will not be City responsibility. 5. The developer shall furnish the City with the name of the contractors doing the -street work, the architect and the en- gineer who will stake out and supervise the -work at least 7 days prior to beginning of road construction. Upon comple- tion of the work, the architect and/or engineer shall certify that the work is in conformance with the approved plan, stip- ulations and any other requirements and/or changes that the City requests. 6. The existing trees along Shamrock Road bordering lot *41 for a depth of 15 feet shall not be removed. 7. The private drive serving lots 39 and 40 shall be 24 feet wide within a 50 foot right of way- This shall be shown on the plans. 8. A sewer allocation of 6,000 gpd is made for the 20 lots. The $2.50 per gallon fee shall be paid prior to permit. No construction can occur on lots 29 through 41 until capacity is available at the Airport Parkway Treatment Plant. It shall be the res onsibility of the developer to see to it that lots 23-28 with on -site sewage disposal hook into the sewer system when it is completed. Prior to approval on 29-41, the pump station shall be in. 9. A plan detailing the location of gas, telephone, elec- tricity, TV cable and street lights shall be submitted for review and approval. 10. Water fittings shall be wrapped with polyethylene where concrete thrust blocks are used. 11. Trees shall be planted at least 5 feet from the water main. 12. Depth of topsoil replacement (4 inches) should be noted on typical detail on page 8. 13. The applicant shall be responsible for paying a share off the required improvements to the intersection or other solutions to traffic and safet problems based on the trips PLANNING COMMISSION 25 AUGUST 1987 PAGE 7 generated 12y these industrial lots. The total cost and scope of improvements shall be established 1?y the City Engineer in consultation with the Street Supervisor,_ City PlPlanner, and the Regional Planning Commission Traffic Engineer. The share o r shall be established 1?y the City Planner in consultation with LIP the Regional Planning Traffic Engineer. 14. The developer shall have the option of contributing $15 per linear frontage foot toward the city sidewalk fund or building a sidewalk along his frontage on the unnamed new SLty street. ' 15. It is the applicant's responsibility to record the corrected fal plat with the City Clerk within 90 days or in this approval is null and void. They shall be approved the City Planner and signed 12y the Chairman or Clerk of the Commission prior to recording. Mrs. Maher seconded. The motion passed unanimously. Following the vote, Mr. Belter resumed his seat on the Com- mission. 5. Site plan application of Orchard Lake Road Properties -for construction of a 96,200 sq. ft. building for light manu- facturing on the 80 acre parcel south of Lane Press, 1020 Hinesburg Rd. Dick Trudell explained the development is on the former Semi - con property bounded by the Interstate and Hinesburg Rd. It was subdivided from the Lane Press property. An agreement exists between Semicon and Orchard Lake Properties for an easement. Peter Pollak, president of the company, said they manufacture high precision electrical equipment. It is a clean industry with no oils, no pcb's. They make their own electric current boards. 90% of their work is custom -build. They employ about 100 people now and plan to hire 75 new employees for this facility. These are mainly skilled jobs. Their ultimate aim is to locate the parent company here. The building will be south of Lane Press with access off the Lane Press road. the Sewer will connect through an easement to the pump station. The building will be completely sprink- lered. 160 parking spaces are provided. Mr. Trudell explained there will be a 3-foot berm around 1 side of the building with some screening from the Interstate. He said it is not their intention to hide the building but to G� SITE PLAN CHECK LIST --- Lot drawn to scale - Survey data (distances and lot size) c� - - Contours (existing and finished). --- Existing vegetation and natural features. --- Proposed landscaping (number, variety and size) equal or greater than the required amount in section 19.104 of the /Zoning Regulations. - V Location of streets, abutting properties, fire hydrants, existing buildings. --- Existing and proposed curb cuts, pavement, walkways. --- Zoning boundaries --- Number and location of parking spaces. (RV parking for multi- family projects over 25 units). --- Number and location of handicapped spaces as required. -� Location of septic tanks (if applicable). --- Location of any easements. - ✓ Lot coverage information: Building, overall and front yard. --- Location of site (Street # and lot #). -Z North arrow -✓ Name of person or firm preparing site plan and date. --- Exterior lighting details (must be downcasting and shielded). -✓ Dumpster locations (dumpsters must be screened). --- Existing and proposed sidewalks (public). - Sewer calculation --- Height of new construction. --- Setbacks (residential district, planned r.o.w., Interstate). -- C.O. Zone --- Bike racks --- Traffic generation --- Traffic Impact fees --- PUD/PCD standards --- Airport Approach cone --- Outside storage/display --- F.A.R. --- Lot merger agreement --- Setback from planned r.o.w. --- If boundary line adjustment, need subdivision? --- Nonresidential use setback from Residential District CITY OF SOUTH BURLINGI�J SITE PLAN APPLICATION 41t, 1) OWNER OF RECORD (name, address, phone LZNAI ,91- L �-�v ��/vim 8 6 Z- 3 7-19 2) APPLICANT (name, address, phone #) '5;4wc- 3) CONTACT PERSON (name, address, phone ` 4; 2 4) PROJECT STREET ADDRESS : � Lo r * 3 %Jrs-7114 A) 4,4-4,zl -- " 5) LOT NUMBER (if applicable) 7;�137 6) PROPOSED USE(S) G14A/7- &ANaI4C7UltgGr4IA-) i 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) Dal-- 1z, aa� /.3, Z sSF 8) NUMBER OF EMPLOYEES 9) LOT COVERAGE: building 25 x; landscaped areas/Z'� building, parking, outside storage 6Z•Z % 10) COST ESTIMATES: Buildings $363,5oo , Landscaping $��.lU O Other Site Improvements (please list with cost') S ',?,&'Oco 11 ) ESTIMATED PROJECT COMPLETION DATE: S�=%�fL.��(3ei l 1fI /4 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) CO rluG/< 5 Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. 2-3 p.m. 3-4 p.m 4-5 p.m 5-6 p.m 6-7 p.m 13) PEAK HOURS OF OPERATION: 64 A To 5'PEA 14 ) PEAK DAYS OF OPERATION: A6$ QOAcy Tl U6N7�1'9Q 2 DATE OF SUBMISSION IGNATURE OF APPLICANT DATE OF HEARING PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 17 ) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible). Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. Existing and proposed curb cuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to or greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9' x 181) with 22 or 24 foot aisles as required. Number and location of handicapped spaces as required. (see Table 26-1 of zoning regulations). Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parking, and outside storage, landscaped areas and front yard. Location of site (street # and lot #). North arrow Name of person or firm preparing site plan and date. CITY OF SOUTH BURLINGT SITE PLAN APPLICATIOi. 1) OWNER OF RECORD (name, address, phone 9 ) BRA RQ CDb57X1Z,," G•7y�4it/ ,c� L �. L--7V � jz/yC 8 G Z- 5 7� 9 2) APPLICANT (name, address, phone) 3) CONTACT PERSON (name, address, phone t 4) PROJECT STREET ADDRESS: Lor �'`-37-�7,�{,y�✓�a,�i�� 5) LOT NUMBER (if applicable) :;�37 6) PROPOSED USE(S) G /G A/T AfA A IalgK 7 3 7) SIZE OF PROJECT (i.e. total building square footage, #; units, maximum height and ;� floors, square feet per floor) �.v Lr /z. ao•e /3, 8) NUMBER OF EMPLOYEES /& 9) LOT COVERAGE: building 2 5 %; landscaped areas/Z41 % building, parking, outside storage62,Z% 10) COST ESTIMATES: Buildings S 6 rj00 , Landscaping S 16,50, Other Site Improvements (please list with cost') S 260,DOv 1 1 ) ESTIMATED PROJECT COMPLETION DATE: E�--Prl�46eg / 1 '�/4 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Co r cIc K 5 Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. 2-3 p.m. 3-4 p.m. 4-5 p.m. 5-6 p.m. 6-7 p.m. 13 ) PEAK HOURS OF OPERATION: 6,4/4 To 5-plA 14 ) PEAK DAYS OF OPERATION: AM A %/ U61q A� 2 DATE OF S(BMISSION §IGNATURE OF APPLICANT DATE OF HEARING PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 17 ) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible). Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. Existing and proposed curb cuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to or greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9, x 181) with 22 or 24 foot aisles as required. Number and location of handicapped spaces as required. (see Table 26-1 of zoning regulations). Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parking, and outside storage, landscaped areas and front yard. Location of site (street # and lot #). North arrow Name of person or firm preparing site plan and date. BRACKET LIGHTING ) D3 CATALOG NUMBER INFORMATION: EL Clear Diffused Tempered Glass ALS176D (175W. Max.) ALS178D (250W. Max.) Overall Height/Width 63G "Ht. x 15"W. 8"Ht. x 19"W. Projection 11!/." 143/." Mounting Bolts (2) 5116" x 41/2 " x 1 " (2) 5116" x 41/2 " x 1" Bolt Projection 3/4" 3/4" BRACKET WATTAGE — Specify adder for N.I.D. lamps after above catalog number and voltage desired. High Pressure Sodium 10OW-100HPS 15OW-150HPS 25OW-250HPS Metal Halide 175W-175MH 25OW-25OMH Mercury Vapor 10OW-100MV 175W-175MV 25OW-250MV FINISHES: See finish section for a variety of baked -on enamel finishes available. PHOTOMETRIC DATA: All photometric testing by an Independent Certified Laboratory. Isolux chart based on 100 Watt HPS at 12' mounting height. �- J % � 5 2 1 5. yy 2 .1 2 1 0 1 2 CONSTRUCTION: BALLAST—HPF constant wattage for -20 degree starting temperature. Specify voltage desired. HOUSING —Extruded aluminum of #6063-T6 alloy. DIFFUSER —Clear diffused tempered glass. REFLECTOR —Formed specular aluminum. SOCKET —Medium base for 100W. Max. Mogul base for 250W. Max. MOUNTING PLATE —Cast aluminum with stainless steel screws. RELAMPING—Remove cast aluminum end cap by loosening (2) stainless steel screws. —121A "O.C. --I _T- - M O Q O D O I Conversion Factors for various lamps at 12' mounting height High Pressure Sodium Metal Halide Mercury Vapor 70Watt- x .61 100Watt- x .47 100Watt- x 1.0 175Watt- x 1.5 175Watt- x .89 150Watt- x 1.7 25OWatt- x 2.2 250Watt- x 1.4 ARCHITECTURAL AREA LIGHTING CO. Subsidiary of Kidde, Inc.114249 Artesia Blvd., La Mirada, California 90638 I l '\ O 00 X�4.. N 1 'Oi Q W 0 �6, 5% \VALK 31-� SF. — 7 �- LoT 5\7-9 j 52,,44 7 SE' _100.0 7. 0 10 20 30 4o sa MOUNTAIN AIR JOHN FERREL M AY 2 8 1996 City of So. Burlington ETHAN ALLEN DRIVE II , II �t I A W z W Q ZZI O U J W Y MEMO South Burlington Planning & Zoning To: File From: JBH RE: 63 Etha Allen Drive Floor Drains Date: September 2, 2003 cc: George Dow I spoke today with George Dow regarding the sale of the 63 Ethan Allen Drive property and connection of the floor drains to the municipal sewer system. Prior to issuance of a zoning permit, George needs to get details on the type of business proposed and the design of the floor drains to ensure that proper oil/grease separators and other equipment are installed. An allocation of 25 gpd for the floor drains has been issued, but the nature of the flows and drains needs to be approved by WPC. When a ZP application is filed, please be sure to call George. Thanks! OSURETY P.O. Box 5077 Sioux Falls SD 57117-5077 November 7, 2002 City of South. Burlington City Hall City Clerk South Burlington, VT 05401 Agent Code: 44 16144 Re: Bond #69326512 - Berard Construction Co., Inc. 75 Ethan Allen Dr. South Burlington, VT 05407 $6,000 - Landscaping Contractor - City of South Burlington Company Code: 601 - Western Surety Company We have received a request to cancel or nomenew this bond. 1-800-331-6053 Fax 1-605-335-0357 www.cnasurety.com We wish to comply with the principal's request by taking advantage of the cancellation provision pertaining to this bond. You are hereby notified that this bond is cancelled and voided as of December 11, 2002, or the earliest time permitted by applicable law, whichever is later. Thank you for your attention to this matter. cc: Winooski Insurance Agency, Inc Berard Construction Co., Inc. Underwriting Services April 7, 1997 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Irrevocable Standby Letter of Credit #00042 Rene J. Berard / Berard Construction Co., Inc. P.O. Box 2039 75 Ethan Allen Drive South Burlington, VT 05403 Dear Beneficiary: We hereby establish our Irrevocable Standby Letter of Credit #00042 in favor of City of South Burlington for the account of Rene J. Berard and Berard Construction Co., Inc. up to an aggregate amount of $6,000.00 available by your draft or drafts on us at sight accompanied by: 1.) the original Letter of Credit and all amendments, if any, 2.) a written statement signed by an authorized officer of City of South Burlington that these funds are due you under the terms of your agreement with Rene J. Berard and Berard Construction Co., Inc., accompanied by 3.) a current secretary <partnership> certificate or resolution from City of South Burlington that the officer is authorized to sign on behalf of City of South Burlington. If your demand represents a partial drawing hereunder, we will endorse the original credit and return same to you for possible future claims. If, however, your demand represents a full drawing, or if such drawing is presented on the day of the relevant expiration date hereof, we will hold the original for our files and remove same from circulation. All drafts must be marked under Letter of Credit #00042. We engage with you that all drafts drawn under and in compliance with the terms and conditions of this credit will be duly honored on delivery of documents as specified if presented at this office on or before April 3, 1998. Two Burlington Square . P. O. Box 820 • Burlington, Vermont . 05402-0820 . 802-658-4000 Except so far as otherwise expressly stated, this credit is subject to the "Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication #500." Very truly yours, Sarah Piteo Slatter Senior Vice President Two Burlineton Sauare • P. O. Box 820 • Burlineton, Vermont • 05402-0820 • 802-658-4000 z3 Z TE PL.AN �.ETTE R OF C RED = T AGREEMENT Randy and Rene Berard, and THIS AGREEMENT,' executed in triplicate between Berard Construction Company, Inc. , of South Burlington , hereinafter roferrod to an "DEVELOPER", Cliitten en Bank of Essex Junction , hereinafter referred to as ""Bank", and City of South Burlington , hereinafter referred to as "MUNICIPALITY" W I T N E S S E T H: WHEREAS, Developer has received site plan approval from the MUNICIPALITY'S Planning Commission for the development of property located at 63 Ethan Allen Drive as depocitod on a site plan entitled Proposed Mountain Air Building dated 02/28/97 , and . prepared byJ.G. Xrchitects, Inc. of South Burlington, VT WHEREAS, DEVELOPER is required by said.approval, at its own expense, to complete the construction of the development alto in accordanco with the plan approved by the Planning Commission; and WHEREAS, the parties to thin Agreement wish to establish a mechanism to Secure the obligations of the DEVELOPER for the -work as not forth above; and WHEREAS, the BANK exocutoa this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications not forth in said site plan and related documents: Landscaping as of plan dated 02/28/97 and approved 03/11/97and 9/10/96. 2. The Developer shall complete the improvements set forth in Paragraph 1 no later than 09/30/97 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within one year after completion of the improvements set forth in Paragraph 1. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER's performance of all requirements hereunder set forth, DEVELOPER has caused the BANK to issue its Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY's copy of this Agreement, and a copy of which is attached to the DEVELOPER's copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. S. Said Irrevocable Letter of Credit provides that the draftn drawn under said credit, must be accompanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, that in the judgement of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified in Paragraph 1. Payment of each draft will be made at sight when presented to the HANK by the MUNICIPALITY, the payment limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. If DEVELOPER shall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit. 6. The DEVELOPER and MUNICIPALITY hereby agree that the sum of Six Tliousand Dollars ($6,000.00 ) shall be sufficient to secure DEVELOPER's obligations under this Agreement but shall not relieve DEVELOPER from the obligation to pay any additional coats, if actual costs exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The consent of the DEVELOPER to payment of said draft by BANK to the MUNICIPALITY under said Letter of Credit shall not be required. 2 8. The MUNICIPALITY shall not Zile with the BANK a Statement of Default until ten (10) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so. 9. All funds drawn on the HANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvem,enta identified in Paragraph 1. Any work contracted for by the MUNICIPALITY pursuant hereto shall be let on a contractual basis, or on a time and material baviu, or shall be performed by the MUNICIPALITY's own work force and equipment, or shall be accomplished in such other manner as in the judgement of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the RANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that a portion of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to tho BANK, to be credited by said BANK to the DEVELOPER. 11. This Agreement and said Letter of Credit shall terminate and shall be of no force and effect upon completion of the one year Warranty period as described in the above Paragraph 3. If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any detective or improper work or matorials in the construction of the improvements within the twelve (12) month period, or if notice has been given and the defectives work or materials have been corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may be canceled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the HANK shall be released from all obligations hereunder and under said Letter of Credit. 12. The BANK may not modify the Lettor of Credit without first receiving written consent of the MUNICIPALITY. 13. DEVELOPER haroby agroos to indemnify and hold HANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. 14 This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors and assigns. 3 Dated at Essex Junction Vermont, this 4t1day of April 1997 ° _ ..._ ri� IN THE PRESENCE OF,g� Berard Cdfistructiou Compa , Inc. By:L�' iy Authorized Agent (DEVELOPER) Randall Berard, President Dated at Essex Junctton , Vermmont, this4Ay of April , 199 7 Chittenden Bank Duly Authorized Agent (BAD) Sarah P. Shea, Vice President Dated at South Burlington Vermont, this day of April, , 199 7 IN PRESENCE OF: City of South Burlington By: Duly thorized Agent ICIPALITY) B 4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 846-4107 FAX (802) 846-4101 May 30, 2002 To Whom It May Concern: CITY MANAGER CHARLES E. HAFTER This letter will confirm that the property located at 63 Ethan Allen Drive, Lot 37, South Burlington, Vermont, 05403 is served by municipal water and sanitary sewer. The business currently located at that site is connected to both water and sanitary sewer. Please let me know if you need additional information. Sincerely, r Charles Hafter City Manager City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 19, 1996 Rene J. Berard P.O. Box 2039 South Burlington, Vermont 05403 Re: Zoning Appeal Dear Mr. Berard: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, August 26, 1996 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this hearing and be prepared to address the enclosed review criteria. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: Richard Ward, Zoning Administrative Officer Re: August 26, 1996 Agenda Items Date: August 23, 1996 1) RENE J. BERARD - LOT #37 - ETHAN ALLEN INDUSTRIAL PARK Area zoned I-C District and includes land within the Flood Plain Overlay District. Flood Plain Overlay District includes those areas identified on exhibit plan B. Section 20.30 Development standards sub section 20.305 prohibits filling, substantial improvements or other development. Request to fill (variance) an area containing 15,400 square feet at a depth of 1.2 feet. Proposed use of area is parking. Lot #37 contains 45,596 square feet or 1.05 acres. 15,400 square feet or .35 acres is located in the Flood Plain Overlay District. Proposed use for lot #37, (13,650 square feet structure) light manufacturing/warehousing. 2) TABLED APPEAL - ALEXANDER LEWIS - 1301-1325 SHELBURNE ROAD I expect an opinion letter from Stitzel's office on Monday, August 26, 1996. �erarb (Construction Co., Inc. GENERAL CONTRACTORS RESIDENTIAL . COMMERCIAL • INDUSTRIAL DIAL 862.5749 5 August 1996 P.O. Box 2039 SO. BURLINGTON. VT. 05401 South Burlington Zoning Board of Adjustment 575 Dorset Street South Burlington VT. 05403 Re: Variance for parking use, a portion of the Floodplain Berard cConstruction Co. Inc., Lot # 37, 63 Ethan Allen DR. Ladies and Gentlemen: Berard Construction Co. Inc., requests approval to use as parking space approximately 15,400 sf on lot # 37, in the Floodplain District, at 63 Ethan Allen Drive, Mixed Industrial and Commercial District, IC. The use of this area between USGS Map, elevation 218.0' and elevation 215.61, will have no effect on the intend of the Flooplain District in the local area. POINTS TO CONSIDER: • Lot # 37 covers ± 45,596 sf, or 1.05 Acres, Plan A. • ± 15,400 sf, or .35 A of lot # 37 is in the Floodplain District. • The local area of the 218.0' elevation Floodplain covers about 29,625,000 sf, or ± 680 acres, Plan B. • Using the 15,400 sf of lot #37 for parking will allow the full intended use of the building lot Zoning Regulations, Plan A. • Building 13,650 sf 29.94 % • Paved 16,108 sf 35.33 % • Total 29,758 sf 65.27 % • Lot size 45,596 sf 100.00 % • The average depth of the Floodplain area on Lot # 37 is 1.21. It could hold ± 138,000 gallons of Floodplain storage. The local Floodplain area, Plan B, at a depth of 1.2' could hold about 266,000,000 gallons. • There is no adverse impact on allowing the use for parking of the 15,400 sf of Floodplain area. • The elevation of the Winnoski River in this area is 180.01, or 38' below the Floodplain elevation of 218.01. Page 2. • The highest flood stage elevation of lake Champlain is ± 101.91. The finished floor elevation, Plan A, of this light manufacturing building is 221.51, and will not be in danger of damage at flood stage elevation 218.01. • Since the 1927 flood, flood control dams have been constructed all along the Winnoski River from East Barre to Montpelier, Wrightsville, Waterbury, etc. There is no impact on the enviorment if parking is permitted On the Floodplain Area shown on Plan A. The Planning Commission in 1987 was aware of the Floodplain Design tied Area, elevation 218.0, when they approved the Ethan Allen Indus ial Subdivision Overall Site Plan. (/lam Rene B rlardW Berard Construction Co., Inc. cc Julian Goodrich, JG Architectsd, Inc. AGENDA South Burlington Zoning Board of Adjustment City Hall Conference Room 575 Dorset Street South Burlington, Vermont Meeting @7:00 P.M. Monday, August 26, 1996 1) Appeal of Rene J. Berard seeking a variance from Section 20.30 Development standards, sub -section 20.305 Encroachment (filling) Article 20 Floodplain Overlay District. Request is for permission to fill an area 15,400 square feet at a depth of a 1.2 feet proposed use parking area, lot #37 Ethan Allen Industrial Park #63, Ethan Allen Drive. 2) Tabled appeal of Alexander Lewis, 1301-1325 Shelburne Road (appeal #1, August 12, 1996) construct a 8000 square foot automobile repair shop. 6) Minutes and findings of August 12, 1996. Respectfully submitted, Richard Ward, Zoning Administrative Officer SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, Au- gust 26, 1996 at 7:00 P.M. to consider the following: #1 Appeal of Rene J. Berard seeking a variance from Section g0.30 Devel- opment standards sub- section 20.305 Encroach- ment (filling) Article 20 Floodplain Overlay District of the South Burlington Zoning Regulations. Re- quest is for permission to fill an area 15,400 square feet at a depth of 12 feet, proposed use parking area, lot #37 Ethan Allen Industrial Park, #63 Allen . Drive. Plans are on file with the South Burlington Planning and Zoning Office, lo- cated at City Hall, 575 Dorset Street, South Bur- lington, Vermont. Richard Ward, Zoning Ad- ministrative Officer August 10, 1996 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, August 26, 1996 at 7:00 P.M. to consider the following: #1 Appeal of Rene J. Berard seeking a variance from Section 20.30 Development standards sub -section 20.305 Encroachment (filling) Article 20 Floodplain Overlay District of the South Burlington Zoning Regulations. Request is for permission to fill an area 15,400 square feet at a depth of 1.2 feet, proposed use parking area, lot #37 Ethan Allen Industrial Park, #63 Allen Drive. #2 Appeal of Gregg Beldock, Aldo Borja agent seeking approval from Section 12.20 Conditional uses, sub -section 12.201 Nightclubs of'the South Burlington Zoning Regulations. Request is for permission to operate a 400 seat night club in conjunction with a planned commercial development d.b.a. Bananas University Plaza, 7 Fayette Drive." Plans are on file with the South Burlington Planning and Zoning Office, located at City Hall, 575 Dorset Street, South Burlington, Vermont. Richard Ward, Zoning Administrative Officer August 10, 1996 City of SOL )Burlington Application to Board of Adjustment I Date _(�(,�7,415 /996 Applicant .j�,Q4R,0 C T/eCT/D/UCO, Owner, leasee, agent 0 Official Use APPLIL )ION n HEARING DATE FILING DATE FEE AMOUNT Address 75L"7/fAN.4LI- =NQ,e Telephone # 86 _- 57, 9 V �. Landowner r,P.4,PD�� / 7l/ llU�/,yc Address 7-5 tM/4,(/AZ LCV Qf Location and description of property 4D7-,*'Y37'4 LC / /n'9 Type of application check one (' ) appeal from decision of Administrative Officer.( )request for a conditional use 641M request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question F.LU(JOPL�/�/ Gr/GrTT Reason for appeal Fl/,L,L (/SC of G vT ;"37, DXll/z--- The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which w'11 serve as support evidence to the Board. Hearing Date Sign r6 of Appellant ____Do not write below this line ---------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of , eek `'•° at f" to consider the following: - nth and Date Time Appeal of �,' seeking a from Section' �++.,tc x �,- W of the South Burlington Zoning Regulations. Request is for perrriission ---- --- ------- 4-4 -AZI 4r" ol M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: William J. Szymanski, City Engineer Re: Industrial Development - Ethan Allen Drive Date: August 26, 1996 I see no adverse effect by filling about 1/3 acre of Lot 37 of the Belter Industrial Park on Ethan Allen Drive. Only clean granular fill should be used. Prior to filling, the top soil should be removed from the site. SCALE 1:24 000 PLAN T 0 - 1"MiLE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET Jy 1 .5 0 1 KILOMETEROle y i 30 000 FEET7 i • Tra i I"'�S ; • , • ; • •� , 1 1 •. M I L I ARY i % / �� • 15 i`j `S�TER' S E VA1 TTO N illy egg too t• �� \\ I I � •� i i Z W � it �\ \\ 1 • • • • � � i t + � _ = _ 1� ..•.ram \ \\ 1 �� \\ • : •• •. U � � ff • L i it , • W • co rpw \IfE ' 1� • 1 �yi� / • /�` , • ease,. n E • � � ,, � TAT 4927 37 200 I ! I \ \ e I N ATIO AIRP flo -_ _ - - •' 720 C FEET .AT l e n m® � • � 4925 v 40 � � �i OR v FRO 15 100t preen it �— FRONT YARD 9 0 MPSTER r? \ c LOT # 37- BRACKET LIGHTS ELEV.. 221.5.' ETHAN ALLEN DRIVE BUILDING 11,650 29.94% PAVED 16,108 35.31t TOTAL 29,758 65.27% a &. 5 RE HYDRANT �V ;MANHOLE -40.0-. ILO - Z0 30 5 JOHN BELTER 63 ETHAN ALLEN DRIVE VARKING, DRIVES r & BUILDING LAYOUT OATf- - - LIGH9 HANUFACTURING BUILDING JG ARCHITCTS, INC. BEWO CONSTRUCTION CO., INC. JULIAN GOODRICH ARCHITECT 61 EnUkN ALLEN DRIVE 75 ETHAN ALLEN DRIVE SOUTH BURLINGTON VERMONT SOUTH BURLINGTON VERHONT u IN �OLO AAC W. C�J fC r a k* v r !� Of M