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Home My WebLink Aboutbatch - Supplemental - 0080 Ethan Allen Drive„** VERMONT State of Vermont Department of Environmental Conservation Drinking Water and Groundwater Protection Division Essex Regional Office 111 West Street Essex Junction, VT 05452-4695 www.se tip e.vt.gov March 17, 2014 Glenn Cummings 8o Ethan Allen Drive South Burlington VT 05403 Agency of Natural Resources [Phone] 802-879-5656 [fax] 802-879-3871 RE: WW-4-3075-2, Cummings Electric/Infinity Brewing; amend WW-4-3075-1 to increase beer production to 868 gallons per week and add tasting room located at 80 Ethan Allen Drive in South Burlington, Vermont. Dear Applicant: We received your completed application for the above -referenced project on March 17, 2014, including a fee of $180.00 paid by check #1059. Under the performance standards for this program, we will have a maximum of 3o 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. If you submitted your application electronically through eDEC, your consultant will need to upload any revisions and send an email to Ernestine Chevrier, James Sandberg and the reviewer notifying us that you have resubmitted information. This email should reference both the eDEC number and the WW number for the project. For the Drinking Water and Groundwater Protection Division Fv -rnestine Chevrier Regional Office Coordinator cc: South Burlington Planning Commission Martin E. Courcelle/Champlain Consulting Engineers Regional Offices — Barre/Essex Jct./Rutland/Springfield/St. Johnsbury . .VERMONrr State of Vermont Department of Environmental Conservation Agency of Natural Resources WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED io V.S.A. Chapter 64, Potable Water Supply and Wastewater System Permit Wastewater System and Potable Water Supply Rules, Effective September 29, 2007 Chapter 21, Water Supply Rules, Effective December 1, 2010 Landowner(s): Glenn Cummings 8o Ethan Allen Drive South Burlington VT 05403 Permit Number: WW-4-3075-2 PIN: EJo8-0262 This permit affects property identified as Town Tax Parcel ID # South Burlington: o640-0oo8o-C referenced in a deed recorded in Book 820 Page 703 of the Land Records in South Burlington, Vermont. This project, to amend WW-4-3075-1 to increase beer production to 868 gallons per week and add a tasting room and an employee to a previously approved brewery (Infinity Brewing) in Building A on Lot 1, served by municipal water supply and wastewater disposal services, located on 8o Ethan Allen Drive in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. 1.GENERAL 1.1 The project shall be completed as described in the application prepared by Martin E. Courcelle from Champlain Consulting Engineers. The project shall not deviate from the approved proposal without prior written approval from the Drinking Water and Groundwater Protection Division. 1.2 This permit does not relieve the landowner from obtaining all other approvals and permits PRIOR to construction including, but not limited to, those that may be required from the Act 25o District Environmental Commission; the Drinking Water and Groundwater Protection Division; the Watershed Management Division; the Division of Fire Safety; the Vermont Department of Health; the Family Services Division; other State departments; or local officials. 1.3 The conditions of this permit shall run with the land and will be binding upon and enforceable against the landowner and all assigns and successors in interest. The landowner shall record and index this permit in the South Burlington Land Records within thirty, (3o) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 1.4 Building A is approved for a brewery with a tasting room with a maximum of three employees per day and producing 868 gallons of beer per week in Building A, with an existing office with a maximum of three employees. Construction of additional nonexempt buildings, including commercial and residential buildings, is not allowed without prior review and approval by the Drinking Water and Groundwater Protection Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. No construction is allowed that will cause non-compliance with an existing permit. 1.5 Each purchaser of any portion of the project shall be shown a copy of the Wastewater System and Potable Water Supply Permit prior to conveyance of any portion of the project to that purchaser. 1.6 All conditions set forth in Permit Number #WW-4-3075-1 shall remain in effect except as amended or modified herein. 1.7 By acceptance of this permit, the landowner agrees to allow representatives of the State of Vermont access to the property subject to this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes, regulations, and permit conditions, including performing an inspection of the wastewater disposal and water supply systems serving the structure. Regional Offices — Barre/EssexJct./Rutland/Springfield/St. Johnsbury .stewater System and Potable Water Supply Permit VVW-4-3075-2 Page 2 of 2 1.8 Any person aggrieved by this permit may appeal to the Environmental Court within 3o days of the date of issuance of this permit in accordance with 10 V.S.A. Chapter 22o and the Vermont Rules of Environmental Court Proceedings. 2.WATER SUPPLY 2.1 Building A is approved with the existing connection to the municipal water supply system for a maximum of 686 gallons of water per day (including 496 gallons per day process water). 2.2 This project is approved with an existing building water line. The Drinking Water and Groundwater Protection Division assumes no liability for the adequacy of this water line. Should the line fail and not qualify for the minor repair or replacement exemption, the landowner shall engage a Licensed Designer to evaluate the cause of the failure and to submit an amendment application to this office prior to correcting the failure. 2.3 This permit is based, in part, on a municipal approval for connection to their water distribution system. If the municipal approval expires, this permit shall be invalid unless the municipality renews its approval. If the municipality approval expires, a new permit must be issued for the project. An updated application form and an application fee will be required for the project. A new municipal approval letter shall be required. The rules in effect at the time of the filing of the application for a new permit will be applied to the project. . 3.WASTEWATER DISPOSAL 3.1 This project is approved with the existing connection to the municipal wastewater treatment facility for a maximum of 562 gallons of wastewater per day (including 372 gallons per day process wastewater). 3.2 This project is approved with an existing building sewer line. The Drinking Water and Groundwater Protection Division assumes no liability for the adequacy of this sewer line. Should the line fail and not qualify for the minor repair or replacement exemption, the landowner shall engage a Licensed Designer to evaluate the cause of the failure and to submit an amendment application to this office prior to correcting the failure. 3.3 This permit is based, in part, on a municipal approval for connection to their wastewater treatment facility. If the municipal approval expires, this permit shall be invalid unless the municipality renews its approval. If the municipality approval expires, a new permit must be issued for the project. An updated application form and an application fee will be required for the project. A new municipal approval letter shall be required if the project is served by the municipal wastewater collection system. The rules in effect at the time of the filing of the application for a new permit will be applied to the project. David K. Mears, Commissioner Department of Environmental Conservation By Dolores M. Eckert, Assistant Regional Engineer Essex Regional Office Drinking Water and Groundwater Protection Division Dated March 26, 2014 cc South Burlington Planning Commission Martin E. Courcelle Department of Public Safety, Division of Fire Safety Department of Health — Food & Lodging Licenses `. VERMONT State of Vermont Department of Environmental Conservation Agency of Natural Resources WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED io V.S.A. Chapter 64, Potable Water Supply and Wastewater System Permit Wastewater System and Potable Water Supply Rules, Effective September 29, 2007 Chapter 21, Water Supply Rules, Effective December 1, 2010 Landowner(s): Glenn Cummings 8o Ethan Allen Drive South Burlington VT 05403 Permit Number: WW-4-3075-1 PIN: EJo8-0262 This permit affects property identified as Town Tax Parcel ID # South Burlington: o640-0008o-C referenced in a deed recorded in Book 820 Page 703 of the Land Records in South Burlington, Vermont. This project, to amend WW-4-3075 to include a brewery with a maximum of two employees and producing a maximum 273 gallons of beer per week (no tasting room) in existing Building A with an existing office with a maximum of three employees on Lot i (o.5 +/- acre), served by municipal water supply and wastewater disposal services, located on 8o Ethan Allen Drive in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. 1 GENERAL 1.1 The project shall be completed as described in the application prepared by Martin E. Courcelle from Champlain Consulting Engineers. The project shall not deviate from the approved proposal without prior written approval from the Drinking Water and Groundwater Protection Division. 1.2 This permit does not relieve the landowner from obtaining all other approvals and permits PRIOR to construction including, but not limited to, those that may be required from the Act 25o District Environmental Commission; the Drinking Water and Groundwater Protection Division; the Watershed Management Division; the Division of Fire Safety; the Vermont Department of Health; the Family Services Division; other State departments; or local officials. 1.3 The conditions of this permit shall run with the land and will be binding upon and enforceable against the landowner and all assigns and successors in interest. The landowner shall record and index this permit in the South Burlington Land Records within thirty, (3o) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 1.4 This project is approved for a brewery with a maximum of two employees per day and producing 273 gallons of beer per week in Building A with an existing office with a maximum of three employees. Building B on Lot 1 has an existing office previously approved for a maximum of nine employees. No alterations to the existing building(s) other than those indicated in this permit that would change or affect the water supply -or wastewater disposal shall be allowed without prior approval by the Drinking Water and Groundwater Protection Division. Construction of additional nonexempt buildings, including. commercial and residential buildings, is not allowed without prior review and approval by the Drinking Water and Groundwater Protection Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. No construction is allowed that will cause non-compliance with an existing permit. 1.5 Each purchaser of any portion of the project shall be shown a copy of the Wastewater System and Potable Water Supply Permit prior to conveyance of any portion of the project to that purchaser. 1.6 All conditions set forth in Permit Number,#WW-4-3o75 shall remain in effect except as amended or modified herein. Regional Offices — Barre/Essex Jct./Rutland/Springfield/St. Johnsbury Wastewater System and Potable Water Supply Permit F WW-4-3075-1 Page 2 of 2 1.7 By acceptance of this permit, the landowner agrees to allow representatives of the State of Vermont access to the property subject to this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes, regulations, and permit conditions. 1.8 Any person aggrieved by this permit may appeal to the Environmental Court within 3o days of the date of issuance of this permit in accordance with 10 V.S.A. Chapter 22o and the Vermont Rules of Environmental Court Proceedings. 2.WATER SUPPLY 2.1 Building A is approved with the existing connection to the municipal water supply system for a maximum of 231 gallons of water per day. 2.2 Any backflow prevention devices that the landowner shall install and maintain shall conform to Vermont Department of Public Safety standards and NFPA 13 for the connection of any sprinkler fire suppression system to a public drinking water system. 2.3 This project is approved with an existing building water line. The Drinking Water and Groundwater Protection Division assumes no liability for the adequacy of this water line. Should the line fail and not qualify for the minor repair or replacement exemption, the landowner shall engage a Licensed Designer to evaluate the cause of the failure and to submit an amendment application to this office prior to correcting the failure. 2.4 This permit is based, in part, on a municipal approval for connection to their water distribution system. If the municipal approval expires, this permit shall be invalid unless the municipality renews its approval. If the municipality approval expires, a new permit must be issued for the project. An updated application form and an application fee will be required for the project. A new municipal approval letter shall be required. The rules in effect at the time of the filing of the application for a new permit will be applied to the project. g WASTEWATER DISPOSAL 3.1 Building A is approved with the existing connection to the municipal wastewater treatment facility for a maximum Of 192 gallons of wastewater per day. 3.2 This project is approved with an existing building sewer line. The Drinking Water and Groundwater Protection Division assumes no liability for the adequacy of this sewer line. Should the line fail and not qualify for the minor repair or replacement exemption, the landowner shall engage a Licensed Designer to evaluate the cause of the failure and to submit ail amendment application to this office prior to correcting the failure. 3.3 This permit is based, in part, on a municipal approval for connection to their wastewater treatment facility. If the municipal approval expires, this permit shall be invalid unless the municipality renews its approval. If the municipality approval expires, a new permit must be issued for the project. An updated application form and an application fee will be required for the project. A new municipal approval letter shall be required if the project is served by the municipal wastewater collection system. The rules in effect at the time of the 'tiling of the application for a new permit will be applied to the project. David K. Mears, Commissioner Department of Environmental Conservation By )o C = Dolores M. Eckert, Assistant Regional Engineer Essex Regional Office Drinking Water and Groundwater Protection Division Dated January 13, 2014 cc South Burlington Planning Commission Martin E. Courcelle Department of Public Safety, Division of Fire Safety south P L A N N I N G & Z ON ING October 2, 2013 Re: #SP-13-53 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning the above referenced application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincere, ayo Belair Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com V-4 southbu o PLANNING & ZONING Permit Number SP- - (office use only) APPLTATION FOR SITE PLAN REVIEW i Z"Administrative ❑ Development Review Board All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) OF RECORD (Name(s) as on deed, mailing address, hone and fax #): m �.,".►4,r 6S- 1g4-P w00J Gsx- laiv�� 3 Y 3- 6l yq C. 2. LOCATION OF LAST RECORDED DEED(S) (Book and page ft 3. APPLICANT (Name, mailing address, phone and fax #): P 1-1, Ufa ke yyvvd C 3 c lchr t )inr V; , Cry/ � ? f- 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax ft "K4 rki e 4a. CONTACT EMAIL ADDRESS:: 5. PROJECT STREET ADDRESS: SQ Egd;&- is llfo Drl i% ( 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): F,+ v e o:� 1, a'm s9 r:"; L->-r s Parr G9A) b. Existing Uses on Property (including description and size of each separate use): SC? A 44 rem c. Proposed Uses on property (include description and size of each new use and existing uses to remain): 5e C A IIdt I - / d. Total building square footage on property (proposed buildings and existing buildings to remain):in 7r )ACt PIS �v1 l d /4*5 Ony S �' tJ �+ �}- e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): ho, n r er.o,r P rL, pur'� n 4 ver a 1 l D 1� +KP 901 ldfAj I� � a £ Number of residential units (i_ applicable, new units and existing units to remain): g. Number of employee- +lam employees(existing and proposed, note ooffice versus non -office employees): F� 1Lr t J . A eA "'�G ^ ' d ! P. P. . f� '�1111 . It • P"D �f'T)(iA A h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): ii �} �� /q �,a n �,S 1= r- biA 4 jY►v, n v e /e � +C 2 Site Plan Application Form. Rev. 12-2011 8. LOT COVERAGE Total Parcel Size: Q) . 3 6S Sq. Ft. a. Building: Existing 3 S /c, % / 0 1 C sq. ft. Proposed T -5�7_% /7, a 65 sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing .> 5- % / b `-3 sq. ft. Proposed ,S�% / ao�� sq. ft. c. Front yard (along each street) Existing a_% / L/ sq. ft. Proposed r3 :7_% / sq. ft. d. Total area to be disturbed during construction (sq. ft.) b * 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): $ 3 0, OO t7 b. Landscaping: $ c. Other site improvements (please list with cost): h °e- 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): 1 S + f , P F d r 11. PEAK HOURS OF OPERATION:. G1CJ &42�Dn — 8: 00 �p yh 12. PEAK DAYS OF OPERATION: 13. ESTIMATED PROJECT COMPLETION DATE: A10V - ;r- 00)„3 14. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5)1 regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the site plan must be submitted A site plan application fee shall be paid to the City at the time of submitt' g the site plan application in accordance with the city's fee schedule. / r Administrative site plan applications require three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy. Site Plan Application Form. Rev. 12-2011 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. 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. 3� zxtl�4� SIGNATUR OF APPLICANT SIU"NATURE OF PROPERTY OWNER Do not write below this line l'q rn ev Wi rHi.r PRINT NAME' DATE OF SUBMISSION: NP/P REVIEW AUTHORITY: ❑ Development Review Board 2 Administrative Officer I have reviewed this site plan application and find it to be: Complete /? A,-, 11Inco761ete retl Administrative Officer The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. 4 Site Plan Application Form. Rev. 12-2011 ATTACHMENT A Glenn and Ronalyn Cummings 80 Ethan Allen Drive, South Burlington, Vermont 7. b. Unit 1: Cummings Electric — 750 square feet of office space; 1,750 square feet for contractor building trade facility; 1,250 square feet of mezzanine; 1,250 square feet of unoccupied space on the ground floor. 250 square feet of office space for The Royal Group and 960 square feet of warehouse space — all space is for contractor building trade facility. Unit 2: 2,304 square feet of warehouse occupied by Cummings Electric. 7. c. Above existing square footage to remain with Cummings Electric; 750 square feet of office space; 1,750 square feet for contractor building trade facility; 1,250 unoccupied mezzanine; 1,250 square feet will be used for light manufacturing (this was previously unoccupied space on the ground floor). 250 square feet of office space for The Royal Group and 960 square feet of warehouse for contractor building trade facilitv. Unit 2: 2,304 square feet of warehouse occupied by Cummings Electric. �T+ S MAGNETIC ,�RTNRMff LOT 4 PROPOSED PAV040 f` D' STRMG (TYP) LOT 5 LOT 9 LOT 10 (80 ETHAN ALLEN DRIVE) THREE EX CONTAINERS F - TO DE RELOCATE. . EX. TOP OF BANK I THREE EX. -----{ONTAINERS TO BE RELOCATED �. ..---EX CONTAINER � EX. GRAVEL PARKING CONC. TO REMAIN I AND LAYDOVN YARD P o a nmEEwrs /�NPSTER m�o t"- I o Ex Y DULLDDG+To Ex q rENrE 00MG1 a. n 0 0 axuTER / (VMa SCR7o� I O SEvES6 + o VEF.W SFE MITE S IX O VALL o 4 mP) Q VALL-IOIRD LEnlf aD RMDD /t� I a mn $ O cEy,R i q ; EX LANDSCAPING ROCKS epo oeoo GAeoaeoaeooe EX TE fSv I• DriRaatnrt > �D,q VALLimRll� I Emits Vi $ sRRN umEs aD PRO6ifl Im)-vv DNlFI � RIAMPEO �e• Emar RED xwass W EX. C TE AMLE x SIDEV PE • IX O V 12D'r A SIG",,,,R.Dmts e„N.wsD o 0 a� crTw ETHAN ALLEN DRIVE CONCRETE MWMENT FOUND (TYP) LOT 5 COVERAGES: TOTAL LOT SIZE (S.F.) = 43,125 S.F. (APPROX.) EXISTING AND PROPOSED BUILDINGS = 7,356 S.F. (17%) PAVED AND GRAVEL DRIVEWAYS, PARKING AND SIDEWALKS, PLUS BUILDINGS =i 23,570 S.F. (55%) FRONT YARD COVERAGE = 850 S.F. 477) RECEIVE® OCT 3 0 2002 City of So. Burlington A. G VF h N 56 Imo. _ Y , �V \ F 9FGISTE��`� NOTES: 1) PROPERTY LINE INFORMATION OBTAINED FROM FRANK O'BRIEN DRAWING, GRADING/EROSION CONTROL PLAN - KELKO DISPOSAL, INC. DATED, 2120102, AND ARE CONSIDERED APPROXIMATE. 2) FEMA 100YEAR FLOODPLAIN INFORMATION DERIVED FROM CHITT. CO. REGIONAL PLANNING COMM. INFORMATION PROVIDED BY ARROWWOOD ENVIRON. 3) ALL LANDSCAPING SHOWN IS EXISITING, WITH THE EXCEPTION OF TWO PROPOSED MAPLES. 4) PROPOSED BUILDING IS A USED 32,4' X 72.3' STEEL -FRAMED, STEEL -CLAD, BUTLER BUILDING WITH STEEL ROOF. BUILDING HEIGHT = 12.5'. NO PLUMBING HEATING IS PROPOSED FOR THIS BUILDING. 5) PROVIDE HANDICAP 'RESERVED PARKING' AND 'VAN ACCESSIBLE' SIGNS WITH BOTTOM OF SIGN 8' ABOVE GRADE. ALL STRIPING FOR HC PARKING SPACE AND ACCESS AISLE SHALL CONFORM TO ADA STANDARDS. 6) PROPERTY LINE DIMENSIONS ARE APPROXIMATE. NOT A LEGAL SURVEY. I REV I DESCRIPTION I DATE I APPROVED I SITE IMPR❑VEMENTS 80 ETHAN ALLEN DRIVE SOUTH BURLINGT❑N VERM❑NT DWG NO GROVPR 2044 Main Road, Huntington, Vermont 05462 DATE ® ENGINFF.RING phone/fax: 802-434-2989 email: dgrover®wcvt.com SCALE FILE PROJ T'. A 2 y, JOHN + JOYGE r BEL TER DURBED 12 AG NB�8,,w VOL148,/PG225 BARRED WIRE AND 4 4p - ,_ 1 WOVEN WIRE FENCE 516'407'E, 127' FROM CALCULATED 80 ETHAN ALLEN OR. IP5 CORNER ESTATE OF 0.6' A.G. JOSEPH + MURIELEY _ KELL N/F I VOL215, PG362 42,918 5Q. FT. PROPO5ED EASEMENT 51 TE O 0.98 ACRE5 TO LOT 5 ��. LOT 5 I UNIT 2 82 ETHAN ALLEN OR, 20,277 5Q. FT, O EXISTING OFFICE �� `"1 E5TATE OF 8 I BUILDING W J05EPH ' MURIEL KELLN/F VOL.216. P.173 LOT IFF I" �� ry GRAVEL DRIVE 30' \ FLUSH I L.S. 711 LUNITINE DIVI51oN SITE LOCATION MAP I o PS LINE O 0.6' N.T5 58 12440' I I ' UNIT I I DAVID + CATHERINE GARAGE I HOU5TON 5/8" R155 FL 51H GRAVEL DRIVE N/F VOL.788, PG.430 WOOD FENCE '2 I LOT 4 ry / RETAINING WALL „ 5 I yn7Vi 22,641 SQ. FT I I L PAVED DRIVE I I 1 4 UNIT I I OFFICE I O BVILOING 0 CEDAR C)i, SHRUB GATE _ I GMF 4"X4" FLUSH O BROKEN TOP I LIA. N73'55'02'E, 0.76' FROM CORNER I CHOKE FERRY ' I NBO 44 TREE5 SIGN MAPL E TREE TO Ty 5HAM 40' RO q p ETHAN ALLE IV pR 1 VE ALDERT + 5U5AN GENTE5 N/F VOL.444, PG.316 I LEGEND LOT 9 PROJECT PROPERTY LINE — — — SIDELINE OF PROPOSED EASEMENT — ABUTTING PROPERTY LINE N/F NOW OR FORMERLY � IPF IPS A.G. D.G. RB5 CMF IRON PIPE FOUND J 44 p� E 5/e" RBS FLUSH �4.40 b D FROG/ G RrR 7K GMF 4'X4" FLU5H 539'3022W, 0.83' FROM GALGULATED CORNER RBF 5/8" FLUSH55*5r_ KP5 6V49 Pn0/PERTIE5, LLC. I FROM CALCULATED FROM GALGULATED CORNER NOTE5 1. THIS rLAT WAS G0IAPILED FROM FIELD SUKVEY5 AND RECORD ReseARCH INLLUDIN6 THE Use OF THE FOLLOWING FLATS A. "FLAT SHOWING SUDDIyI51ON OF A rOKTION OF MOMKTY OF EN KE J. DEMKD, ETHAN ALLEN DKIV9. SOUTH DUKLINOTON VERMONY'. BY FlTZ ATKIGK-LLEWEILYN. INC.. DATED NOV. 1'163. AND KEGORDED IN 50VTH &UKLINGTON LAND RECORDS ON SLIDE 167. D. "ETHAN ALLEN FARM INDUSTRIAL 9UMOWISION LOTS 9-21; DY WARREN A. KOMN5TIEN, DATED AUGUST I-M AND RECORDED IN SLIDE 5167. G. "RANDY M. DERAKD. LOT 1. 51N&LE LOT 9L00IVI510N. SOUTH DURLIN6TON VERIAORT, DY FITZrATRICK-LLEWELLYN ING., DATED NOVEMDER 1966 AND KEGOKOED IN SLIDE 224, D. "LANDS OF KEN'ETH r. sMITH AND c4-L L s r. SMITH 61 ETHAN ALLEN DRIVE SOUTH DUKLIN6rON V[RMONT ALTA/AGSM 5UKVEY rROMTY FLAT." DY LAMOVREUX. DICKINSON AND OLEAKY CON5ULTIN6 ENGINEERS INC.. DATED MAY II. 1Y16 AND KEGOKDED IN MAr DOOK 430 FACE 20. D 1 DEAKIN65 ARE RASEON sUKVeY GRADE 6F5 ODMXVATION5 AT THE TIME OF THI5 SURVEY. DECEMMM. 2007. 3. THIS PROMXTY MAY DE SUD..EGT TO OTHER EASEMENTS AND/OR RIGHTS -Or -WAY. 4. THE RIGHT OF WAY WIDTH OF ETHAN ALLEN DRIVE 15 DATED ON PREVIOUS SURVEYS AND DEEDS TO THE CITY OF SOUTH DU'RLINGTON FOR WKCENIN6. THE ORIGINAL LAYOUT OF SAID K16HT OF WAY WAS NOT FOUND IN SOUTH DURLIN&TON5 LAND KEGOKDS. A JOHN H. DELT'er, AND JOYCE N DELTEK TO THE CITY OF SOUTH 15l1KLINGTON, RECORDED IN VOL.373 rG373 0e5LRIDING TWO rAKGELs OF LAND, 5M' IN WIDTH, AS SHOWN ON THE MN KEFERENGED IN NOTE ID. D. RENE J. DERAKD AND ,ME A DEKAKD TO THE CITY OF SOUTH DUKLIN6TON. RECORDED IN VOLA 14, FG476. DE5CRI0IN6 TWO rAKGELS OF LAND 5.0' IN WIDTH AS SHOWN ON THE FLAN REFERENCED IN NOTE IA. 5. THE PROPERTY SHOWN ON THIS DOUNDARY SURVEY IS TAX MAP FARCFL 46-640-60. 6, THE exTEKIOK rAKGEL rKOrEKTY LINES SHOWN HEREON AKE DATED ON THE SURVEY REFCKENGED IN NOTE IA AND MONIMENTATION FOUND THAT WAS K)PRENC.ED ON SAID sVKVCY. 7 ALL IRON PIPES SET ARE i INSIDE DIAMETER. MONIA,ENTATION FOUND IS A5 NOTED ON RAN. 6, A CLOSED TRAVERSE SMVEY WAS GOW-1-FTES ON 12/10/07. USN6 A LOMDINATIOH OF 6r5 BASELINES AND CONVENTIOIAAL %AtVEY EpUIFMEN'f. THE METHODf AND THE RESULTI N6 MIKOK � TOK EXCEED THE MINIMUM FREGISION KEOVIREIAENTS FOK APPROVED DY RESOLUTION OF THE DEVELOPMENT REVIEW BOAKD OF THE CITY OF SOUTH DUKLINGTON, VERMONT, ON THE DAY OF , 2006 SUBJECT TO THE REQUIREMENT5 AND CONDITIONS OF SAID KE50LUTION. SIGNED THIS DAY OF 2008 DY (CLERK OR CHAIRMAN) PROJECT 5TAT15TIC5 ZONING 015TKIC.T - MIXED INDUSTRIAL AND COMMERCIAL DEED REFERENCE - VOL. 215, PG. 362 TAX MAP PARCEL i 8-640-60 G I TY GLEKK'5 OFFICE CITY OF SOUTH DUKLINGTON, VT. , 2006 RECEIVED FOR RECORD AT O'CLOCK M., AND RECORDED IN 51_IDEk VOL. LOT 8G MARK + LISA APPL I CANT LACROIX N/F I TRENCH BOXES, ETC, INC. VOL 440, PG.327 60 ETHAN ALLEN DR. LOT 14 SOUTH BURLIN&TON, VT 05403 IRON PIPE SET GRAPHIC SCALE ADOVE GRADE Inn DELOW GRADE KEDAR SET ( IN FEET ) i Inch - 40 fl. CONCRETE MONUMENT FOUND TO THE DEST OF MY KNOWLEDGE, THI5 PLAT 15 DA5ED ON INFORMATION ABSTRACTED FROM PERTINENT DEEDS AND/OR OTHER OFFICIAL RECORDS, AND MARKERS EVIDENT ON THE PKOPEKTY, AND CONFORMS WITH THE REQUIREMENT5 OF 27 V5A + 1403. DATED THI5 DAY OF 2006 L.5.735 ATTEST TOWN CLERK LOCAL REVIEW 0 RECORD MOJCGT NO.1 J05EPH + MUR I EL 07u2 KELLEY M E3 0 UNOA K Y GYECKED 5URVEY DATE L2/I6/07 SCALE LAMOIIRE07C # DICXN48M As SHOW sHr. No. Comm" hLa mmi o b.6v[M453 1 Tah 10240841J0 I OF r •i 7, + `aT � r , 7., d U995 MAP FROM MVIA-USA.00Y N/F A Jt JDMCE N. awl IF 1 I too -YEAR PR. PT WIIIIOI •.p .. EAI ;6 I FLOODPI.AIN 1 WAD01MCASr W � ' . • ; ' - • .P IjIN . • BI ppRt„tAgggC BOUNDARY I 21 ABOVE - "--7 GARAGEARAGE DD OOR AT Cm no RXNR A& FlEVA710N 1S (9EE '• •' •' ••' ••' '••'_ � aT =¢IX I EDGE OF WOODS \ R.-UNIT:-2:: �. I + EXISTING �j . • • • , . • . UNIT 2 ::.1] ;J�O : �F' EXISTING GARAGE - - BUILDING 1 32' x 72• ..5; AC ' :.: • . • ' : • .:..:. I 1 :•;••: '• '• '•'- '••' MON AREA TD '�LpE�VEi tpIVE114gY :: KEPT CLEAR PR. 200-GAL :• :... FOR VEHICULAR I DIESEL TANK, 4': .• ACCESS TO PR. GRISWOLD DIA. 6' LONG. MIN ' . • ' 8' FROM BUILDING • ; •it>♦, OVERHEAD DOOR ON NORTH WALL WASTE BLOCK 1 CORNER ' . • ' : • : ' . OF EX. BLDG A TAINING WALL 2-FT ....� . BARRIER DIA) __ .•• '. •'.• ROCKS AT TOP 1 • • ' . • ' - ' . OF RETAINING I 1 ... ' W'U-L+ 8-FT EXISTING UNIT 1 • - O.C. (1 OF 6) GARAGE •••.••• ••- N/F PROM REAL ESTATE PARTNERSHIP I 4' 24.5'x39._ p • : -' . • ; - ••'.• ETHAN ALLEN INDUSTRIAL SUBDIVSION - PHI . , '•'•. �, I ESTATE OF JOSEPH KELLY ETHAN ALLEN INDUSTRIAL SUBDIVSION - PH 11 UNIT 1 FRONTAGE EXISTING: 5,941 SF / 41,365 SF TOTAL 14X PROPOSED: 5,941 SF / 21.815 SF TOTAL 27X __78 ETHAN ALLEN DRIVE EX. FENCES 3• DOOR/ PROPOSED NEW INTERNAL PROPERTY . LINE FOR PUD PR. SNOW STORAGE AREA (1 OF 2) PR. UNIT 1 EXISTING UNIT 1 OFFICE 21,815 SF / 40' x 10o' --.50 AC 8D KELLYZ TRI'1= SUBf11V$ION - �a SF zo I F boo N I I I UNDERGROUND ELECTRICAL 82 ETHAN ALLEN DRIVE OVERHEAD ELEC' LINE N011",S: —-- _. BOUIOARv 77 �- \. �� `\ / eo• REWAtos BURER 1. THIS IS NOT A LEGAL MEETS MID BOUNDS SURVEY. PROPERTY LINES SHOWN ARE APPROXIMATE, 2. ALL PROPERTIES IDENTIFIED IN THIS PLOT ARE ZONED AS: MIXED INDUSTRIAL AND COMMERCIAL. 3. TO DECREASE VISIBILITY OF DUMPSTER, CONSTRUCT EDHER A GATED 6- STOCKADE FENCE OR A GATED 6' CHAIN LINK FENCE WITH WOVEN MESH VISIBILITY BARRIER AROUND 4-SIDES OF DUMPSTER, AS SHOWN. 4. NO NEW STRUCTURES ARE PROPOSED FOR THIS P.U.D. NO AODRIONAL TRAFFIC IS EXPECTED TO BE GENERATED AS NO FACILITIES ARE BONG ADDED. S. MUNICIPAL WATER AND WASTEWATER SERVE THIS PROPERTY, AND NO NEW WATER OR WASTEWATER SERVICES ARE PROPOSED IN CONNECTION WITH THIS PUD SUBDIVISION. THEREFORE. WATER AND WASTEWATER SERVICES HAVE NOT BEEN SHOWN. 6. NO GAS LINES HAVE BEEN SHOWN AS NO NEW GAS CONNECTIONS ARE PROPOSED IN ASSOCIATION WTIN THIS SUBDKI". 7. COVERAGES, EXISTING AND PROPOSED FULL LOT 80: BUILDINGS: 7,268 SF, 18% OVERALL: 22,843 SF, SSX PR UNIT 1: BUILDINGS. DINGS: 4,965 SF, 23X OVERALL 13,504 SF, 62XUNIT }.,, ' 1„rvjj 2-PR UNIT BUILDINGS: $304 SF, 12% 1 An LL: OVERA9,139 SF, 47X SI DATE: MINAN DRIVE - - i - - 01/04/08 - ec ,oils - SCALE: ,-_20• 77 ETHAN ALLEN DRIVE 81 ETHAN ALLEN DRIVE 83 ETHAN ALLEN DRIVE N/F ALBERT h SUSAN GENTES N/F KPS 81 / 49 PROPERTIES LLC N/F KITCHEN WORLD • Zov8 Of SO. "uliin9't0 n TCH/CONCEPT I PRELIMINARY x I FNAAL Q RECORD m4wm PROPOSED PUD - FINAL PLAN 80 ETHAN ALLEN DRIVE TRENCH BOXES, ETC INC. SOUTH BURUNGTON VERMONT ®GROVER ""`""".'°"" Owc No �.r a�..r - ar�.r ax.Oy ENGINEERING PC s]N.Y R_4 w.RMgw whit 1 APP. 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ACT 250 NOTICE MINOR APPLICATION 10 V.S.A. §§ 6001-6092 On December 20, 2007, Forestdale Heights, Inc., filed application 4CO329-17E for a project generally described as: Subdivide Lot #13 of Lot C into 11 lots fof cdhimerciat Use with mu- nicipal water and sewer services and extension of Corporate Drive 950 Lf. The project is Located off Allen Martin Drive in the Town of Essex, Vermont. The District 4 Environmental Commission will review this application under Act 250 Rule 51 - Minor Applications. Copies of the application and proposed permit are available for review at the Essex Municipal Office, Chit- tenden 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 January 29, 2007, a party notifies the District Commis- sion 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 by January 29, 2007. Sp Parties entitled to participate are the Municipality, the Municipal Planning Commission, the Re- gional Planning Commission, adjoining property owners, other interested persons granted party status pursuant to 10 V.S.A. § 6085(c). Non-party participants may also be allowed under 10 V.S.A. § 6085(c)(5). Dated in Essex Junction, Vermont, this 2nd of January 2008. By /s/Peter E. Keibel Natural Resources Board District #4 Coordinator 111 West Street Essex Junction, VT 05452 T/ 802-879-5658 E/ peter.keibel@state.vt.us ACT 250 NOTICE MINOR APPLICATION 10 V.S.A. §§ 6001-6092 On December 20, 2007, Nathan- iel Hayward, filed application #4C1194 for a project generally described as: A 16 lot Planned Residential De- velopment consisting of 14 single family residences and 2 common lots, 1400 lf. of new road, on -site community wastewater system and 5 shared drilled wells. The project is located on Niquette Bay & Route 2 in the Town of Colchester, Vermont. The District 4 Environmental Commission will review this ap- plication under Act 250 Rule 51 - Minor Applications. Copies of the application and proposed permit are available for review at the Colchester Municipal Office, Chit- tenden 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 January 29, 2008, a party notifies the District Commis- sion 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, shalt 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 dis- trict 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 Commiccinn this 3rd day of January, 2008. By /s/ Peter E. Keibel Peter E. Keibet Natural Resources Board District #4 Coordinator 111 West Street Essex Junction, VT 05452 T/ 802-879-5658 E/ peter.keibet@state.vt.us PUBLIC HEARING SOUTH BURLINGTON DEVELOP- MENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, February 5, 2008 at 7:30 P.M. to consider the following: 1. Preliminary plat application #SD-08-01 & final plat application #SD-08-02 of Trench Boxes Etc. for a planned unit development to re -subdivide a 41,365 sq. ft. lot developed with three (3) buildings into two (2) lots of 21,815 sq. ft. & 19,550 sq. ft. , 80 Ethan Allen Drive. 2. Reopened hearing for Prelimi- nary plat application #SD-07-76 & final plat application #SD-07-77 of Chittenden Bank to amend a previ- ously approved planned unit de- velopment of a 704,655 sq. ft. GFA shopping complex with 618,846 sq. ft. of GLA. The amendment consists of: 1) razing a 4879 sq. ft. drive-in bank, 2) constructing a 7310 sq. ft. drive-in bank, and 3) instatling a 1330 sq. ft. tempo- rary drive-in bank. This hearing is being reopened to correct errors in the decision dated 12/13/07, 55 & 155 Dorset Street. 3. Preliminary plat application #SD-08-03 & final plat applica- tion #SD-08-04 of South Village Communities, LLC, to amend a previously approved planned unit development of Phase I consisting of 156 residential units and a 100- student educational facility, of a 334 residential unit project. The amendment consists of: 1) reduc- ing the front yard setback from 10' to 5', and 2) adding utility cabinets, 1840 Spear Street. John Dinklage, Chairman South Burlington Development Review Board Copies of the applications are available for public inspection at the South Burlington City Hatt. January 16, 2008 No Text CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\trenchboxes\ relim final.doc Trench Boxes Etc, hereafter referred to as the applicant, is seeking preliminary and final plat approval for a planned unit development to re -subdivide a 41,365 sq. ft. lot developed with three (3) buildings into two (2) lots of 21,815 sq. ft. & 19,550 sq. ft. 80 Ethan Allen Drive. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on January 4, 2008 and have the following comments. Zoning District & Dimensional Requirements Neither of the proposed lots meet the area and dimensional requirements and therefore will not be considered two lots for planning and zoning. For purposes of planning and zoning, the two (2) lots included in this subdivision for 80 Ethan Allen Drive shall be considered one (1) lot. Table 1. Dimensional Requirementc I nfc JC Zoning District Min. Lot Size Re 'wired 40,000 SF proposed 41,365 SF Max. Buildina Covers e 40% 18% Max. Overall Covera e 70% 55% �1 Min. Front Setback 30 ft. >30 ft Min. Side Setback 10 ft. >10 ft Min. Rear Setback 30 ft. >30 ft 4 zoning compliance SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at an acceptable pressure. There are no changes to this criterion as part of this application. Sufficient water supply and wastewater disposal capacity is already available. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drblsub\trenchboxes\prelim final doc There are no changes to this criterion as part of this application. There is no need for additional connections to the public sewer system. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed subdivision does not involve any construction, so this criterion is not applicable. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed subdivision does not involve any construction, so this criterion is not applicable. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are existing Class II wetlands on the site. There is currently some gravel for the parking area which extends into the buffer. Staff advocates that this be removed. 1. The existing gravel shall be removed from the wetland buffer. As this is a Class II wetland, and as the subject property is also covered in various items for storage, staff advocates that the buffer be appropriately delineated either with landscaping or split rail fencing. 2. The wetlands buffer within the northern portion of the subject lot shall be delineated with either appropriate landscaping or split -rail fencing. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed subdivision is compatible with the planned development patterns of the 10 Zoning District. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is not applicable to the proposed project. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The proposed subdivision does not warrant review by the South Burlington Fire Chief. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. There is a sidewalk which extends along portions of the other lots on the street. The Board has most recently required an extension of the sidewalk along the property at 84 Ethan Allen Drive. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\trenchboxes\ relim final.doc 3. The applicant shall build a sidewalk, in conformance with City standards and to the satisfaction of the Director of Public Works, along the southern edge of the property. The plans shall be revised accordingly. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. This requirement is being met. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision is in conformance with the South Burlington Comprehensive Plan. Other Again, the proposed subdivision will be considered one lot for planning and zoning. For purposes of planning and zoning, the two (2) lots included in this subdivision for 80 Ethan Allen Drive shall be considered one (1) lot. 4. For purposes of planning and zoning, the two (2) lots included in this subdivision shall be considered one (1) lot. The applicant will be required to record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. Trash facilities are shown on the plans but not adequately screened. They should be adequately screened. The plans should be revised. 5. Any trash facilities shall be included on the plan and noted as adequately screened. 6. Any existing lighting which is not in conformance with the current SBLDR's shall be replaced with those that are downcasting and shielded. 7. Any areas proposed for outside storage shall be so noted on the plans. Access Access to proposed Lot 2 is via a Right of Way on the adjacent property at 82 Ethan Allen Drive. This Right of Way has not been approved to date. Approval of the PUD cannot take place until after this Right of Way has been approved. The applicant proposes to request site plan approval to be on the February 19, 2008 meeting, at which time this Right of Way should be approved. Staff recommends that the Board continue Preliminary Plat application #SD-08-01 and Final Plat application #SD-08-02 pending the Board's approval of the Right of Way to Lot 2. Respectfully submitted, Cathyann La Rose, Associate Planner Copy to: Tom Loyer, Trench Boxes Etc. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 1, 2008 Tom Loyer Trench Boxes, Inc. 80 Ethan Allen Drive South Burlington, VT 05403 Re: 80 Ethan Allen Drive Dear Mr. Loyer: 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, February 5, 2008 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, gain iBets+vym--c onough Brown Planning & Zoning Assistant Encl. AGENCY OF NATUR P s RESOURCES (ANR) AND NATURAL E�Z SOURCES BOARD http://www.anr.s Lvt.us/declead/pa/index.htn-, / http:// v nrb.state.vt.us/ PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # OF DEC PERMITS: PRE -APPLICATION REVIEW: RESPONSE DATE: PENDING APPLICATION #: WW-4-3075 DISTRICT: TOWN: South Burlington PIN: EJ08-0262 OWNER OF PROJECT SITE: APPLICANT OR REPRESENTATIVE: (Name) Estate of Joseph Kelly / Sean Kelly (Name) (Address) 22911 Trailwood Lane (Address) (Town) (State) (Zip) Tomball TX 77375 (Town) (State) (Zip) (Telephone) 713-305-8911 (Telephone) Project Name: Based on a written or oral request or information provided by Dean Grover, received on 5/28/2008, a project was reviewed on a tract/tracts of land of 0.98 acres, located on 80 Ethan Allen Drive. The project is generally described as: Permit subdivision of 0.98A: unit 1, 0.52A with two existing office units served by municipal water supply and wastewater disposal, unit 2, 0.47A w/ "notice of permit requirements" in deed language. No change in flows. Prior permits from this office: EC-4-0793 PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION ® I hereby request a jurisdictional opinion from the District Coordinator• OT-As#aut"T)istrict Coordinator regarding the jurisdiction of 10 V.S.A. Chapter 151 (Act 250) over the project described above. 41 ❑ LandOvn• /Agent ® 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 REQUEST RECONSIDERATION FROM THE DISTRICT COORDINATOR (10 V.S.A. § 6007 (c) AND ACT 250 RULE 3 (C)) OR MAY APPEAL TO THE ENVIRONMENTAL COURT WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V. S.A. Chapter 220). (#47)** Project: RICommercial ❑Residential ❑Municipal Has the landowner subdivided before? ❑ Yes ",R. No When/where: # of lots: AN ACT 250 PERMIT IS REQUIRED: ❑ Yes ;No Copies sent to Statutory Parties: ❑ Yes {] No BASIS FOR DECISION: 4 , SIGNATURE: °r " ` " DATE: ADDRESS: District# Environmental Commission District Coordinator Telephone: <�:. WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED? ® Yes ❑ No ® Wastewater System and Potable Water Supply Permit (#1 & #j2** ❑ Notice of Permit Requirements (deferral language ) (#2) ❑ Floor Drains (#1.2) ❑ Campgrounds (#3) ❑ Extension of sewer lines (#5) REGIONAL ENGINEER ASSIGNED: Ernest Christianson SIGNATURE: DATE: 7-1-08 ADDRESS: Dept. of Environmental Conservation ® Environmental Assistance Office, Permit Specialist Jeff McMahon Telephone: 802-879-5676 ❑ Wastewater Manageent Division, Telephone: 802-879-5656 OVER »»»»»»» **NOTE: NUMBERS IN PARENTHESES (#) REFER TO PERMIT INFORMATION SHEETS IN THE VERMONT PERMIT HANDBOOK http://www.anr.state.vt.usldeclpermit hblindex.htm THIS IS A PRELIMINARY, NON-BINDIN VETERMINATION REGARDING OTHER PER jS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CON — RUCTION. PLEASE CONTACT THE DEPAR. NTS INDICATED BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) 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) Contact: ❑ Construction/modification of source (#14) ❑ Open Burning �) ❑ Wood Chip Burners (>90 HP) #14) ❑ Furnace Boiler Conversion/Installation #14) ❑ Industrial Process Air Emissions (#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) 6. WATER QUALITY DIVISION, ANR STORMWATER PERMITS #6 - 6_5 ) Contact: Contact: ❑ Flood Plains (241-3759) ❑ Ponds (#32.1) ❑ Construction General Permits >1AC of disturbance (#6.1) ❑ Shoreland Encroachment (241-3777) Steve Hanna #28) ❑ Stormwater from new development or redevelopment sites #( 6.2 & 6_3) ❑ Wetlands (241-3770) /#29) ❑ Multi -Sector General Permit (MSGP) industrial activities w/ SIC codes #( 6.4) ❑ Stream Alteration / Section 401 Water Quality Certification / Stream Crossing Structures (476-2679 / 879-5631 / 786-5906) #27 & 32) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Dennis Fekert 241-1493 ❑ Hazardous Waste Handler site ID (241-3888) #36) ❑ Underground Storage Tanks (241-3888) June Reilly #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) Contact: SMALL BUSINESS & MUNICIPAL COMPLIANCE ASSISTANCE (1-800-974-9559) Contact: Judy Mirro/John Daly RECYCLING HOTLINE (1-800-932-7100) Contact: 10. FISH & WILDLIFE DEPARTMENT (802-241-3700) Contact : ❑ Nongame & Natural Heritage Program (Threatened & Endangered Species) #47.4) ❑ Stream Obstruction Approval #47.5) 11. DEPARTMENT OF PUBLIC SAFETY (802-479-7561) or District Office 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 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (302-863-7221) (Lab 800-660-9997) Contact: ❑ Food, lodging, bakeries, food processors (#51, 51.1, 52, 53, 53.1) ❑ Program for asbestos control & lead certification #54, 55, 55.1) ❑ Children's camps ❑Hot Tub Installation & Inspection — Commercial (#51.1) 13. AGENCY OF HUMAN SERVICES Contact: ❑ Child care facilities (1-800-649-2642 or 802-241-2159) #57) ❑ 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 Contact: ❑ Access to state highways (residential, commercial) (828-2653) (#66) ❑ Junkyards (828-2053) (#62) ❑ Signs (Travel Information Council) (828-2651) #63) ❑ Railroad crossings (828-2710) (#64) ❑ Development within 500' of a limited access highway (828-2653) #61) ❑ Airports and landing strips (828-2833) (#65) ❑ Construction within state highway right-of-way (Utilities, Grading, etc.) (828-2653) (#66) ❑ Motor vehicle dealer license (828-2067) (#68 15. DEPARTMENT OF AGRICULTURE (800-675-9873 OR 802-828-3429) Contact: ❑ Use/sale of Pesticides (828-3429) (#72, 73, 74, 75, 76, 77, 78) ❑ Slaughter houses, poultry processing (828-3429) (#81) ❑ Milk Processing Facilities (828-3429) (#83, 83.1, 85, 87) ❑ Animal shelters/pet merchant/livestock dealers (828-3429) (#89, 89.1) ❑ Golf Courses (828-2431) (#71) Green Houses/Nurseries (828-2431)(#79) ❑ Weights and measures, Gas Pumps, Scales (828-2436)3 (#88) ❑ Medium and Large Farm Operations (828-2431) ❑ Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-3429) (#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) ❑ Archeological Sites (#47.1 & 101) 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) ❑ Liquor Licenses (#90) ❑ General Info (1-800-642-3134) 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) 2,1,- 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: 7-1-08 1 may be reached at 802-879-5676 Copies have been mailed to: Revised 6/06 XERMONT State of Vermont Agency of Natural Resources Department of Environmental Conservation WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED io V.S.A. Chapter 64, Potable Water Supply and Wastewater System Permit Wastewater System and Potable Water Supply Rules, Effective September 29, 2007 Chapter 21, Water Supply Rules, Effective April 25, 2005 Permit Number: WW-4-3075 Landowner: Estate of Joseph Kelly c/o Sean Kelly 22911 Trailwood Lane Tomball TX 77375 This permit affects property identified as Town Tax Parcel ID # South Burlington: o640-00080-C and referenced in deeds recorded in Book 215 Pages 362-363 of the Land Records in South Burlington, Vermont. This project, consisting of subdividing a lot approved by Permit #EC-4-793 into two lots identified as Lot i to become 0.52 acres with Building A with a maximum occupancy of eleven (ii) employees served by municipal water and wastewater services and Building B with a maximum occupancy of nine (9) employees, and, Lot 2 with an existing building with a maximum occupancy of six (6) employees without water and wastewater services, located at 8o 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: i.GENERAL 1.1 The project shall be completed as shown on the following plans and/or documents prepared by Dean Grover listed as follows: Proj. 07027; Dwg. No. 1, "Proposed 2-Lot PUD" dated 5/o9/o8. 1.2 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. 1.3 This permit does not relieve the landowner from obtaining all other approvals and permits as may be required from the Act 25o District Environmental Commission, the Department Public Safety, Division of Fire Safety- telephone (802) 879-23oo, and local officials prior to proceeding with this project. 1.4 The conditions of this permit shall run with the land and will be binding upon and enforceable against the landowner and all assigns and successors in interest. The landowner shall be responsible for the recording of this permit in the South Burlington Land Records within thirty, (3o) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 1.5 By acceptance of this permit, the landowner 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. 1.6 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 officials. 1.7 In issuing this permit, the Division has relied solely upon the licensed designer's 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. This permit may be revoked if it is determined that the project does not comply with these Rules. Regional Offices - Barre/EssexJct./Rutland/Springfield/St. Johnsbury X1. System and Potable Wa, )upply Permit WW-4-3o75 Page 2 of 2 y person aggrieved by this permit may appeal to the Environmental Court within 3o days of the date of issuance of this permit in accordance with 10 V.S.A. Chapter 22o and the Vermont Rules of Environmental Court Proceedings. 1.9 Lot 2 is not approved to contain interior plumbing nor make connection to any water supply system or wastewater disposal system without prior approval by the Wastewater Management Division. Lot 2 is authorized to have a maximum of six (6) and the employees shall use the toilet facilities within either Building A or Building B located on Lot 1. 2.WATER SUPPLY 2.1 Lot 1 is approved for connection to the South Burlington municipal water system as depicted on the approved plans. The project is approved for a maximum of 190 gallons of water per day. No changes to the water supply shall be allowed without prior review and approval by the Wastewater Management Division. R.WASTEWATER DISPOSAL 3.1 Lot 1 is approved for connection to the South Burlington municipal wastewater treatment facility as depicted on the approved plans. The project is approved for a maximum of 190 gallons of wastewater per day. No changes to the wastewater disposal system shall be allowed without prior review and approval by the Wastewater Management Division. 3.2 This permit is based, in part, on a municipal approval for connection to their wastewater treatment facility. If the municipal approval expires, and the municipality files a written request with the Secretary, the Secretary will remove the sewage allocation for this project from the list of committed reserve capacity. If the municipal approval expires, this permit shall be invalid unless the municipality renews its approval and does not request that the Secretary remove the sewage allocation for this project from the list of committed reserve. Once the project is removed from the list of committed reserve capacity, a new permit must be issued for the project. An updated application form and an application fee will be required. The rules in effect at the time of the filing of the application for a new permit will be applied to the project. Laura Q. Pelosi, Commissioner Department of Environmental Conservation By Ernest Christianson, Regional Engineer Dated June 27, 2oo8 cc: South Burlington Planning Commission Grover Engineering, PC Rick Harrison, J.L. Davis Realty Department of Public Safety, Division of Fire Safety t_: :VERmONT State of Vermont Agency of Natural Resources Department of Environmental Conservation Wastewater Management Division Essex Regional Office III West Street Essex Junction, VT 05452-4695 Telephone: (802) 879-5656 May 29, 2008 Estate of Joseph Kelly c/o Sean Kelly 22911 Trailwood Lane Tomball TX 77375 RE: WW-4-3075, Lot # 1 to become 0.52 acres with two existing office units, no increase municipal water and sewer, 80 Ethan Allen Drive, South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on May 28, 2008, including a fee of $50.00 paid by check 4497. Under the performance standards for this program, we have a maximum of 45 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 in-house days, please contact this office. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Division of Wastewater Management Mary B aril Administrative Technician II cc: South Burlington Planning Commission Dean Grover n4fir , , u.,....,. /r,.,.,... T. /D„+7..—A /0.....—C:-1,7 /cis 1,.t._..L...-- 1, U1z1Y,VLER" vz47: FF A. �iv _ A 2Od atom'- �iTrf 2Rea.. )ed in Vol$:Laon:p; i; also. 11 , s1ington la IRT& Wiest- Donna.S.. K nV111% city Qlwk K NOTICE OF CONDITIONS PLANNED UNIT DEVELOPMENT APPROVAL WHEREAS, TRENCH BOXES, ETC., Inc., a Vermont corporation with its principal place of business in South Burlington, VT ("Applicant" herein), received Preliminary Plat (#SD-08-01) and Final Plat (#SD-08-02) Approval from the South Burlington Development Review Board by written decision dated February 19, 2008 for the re -subdivision of a parcel of land comprised of 41,365 sq. ft and improved with three (3) buildings, said parcel being known and referred to as 80 Ethan Allen Drive, owned byMuriel Kelley (deceased) and the Estate of Joseph P. Kelley, ("Owners"), into two (2) lots, one being comprised of 21,815 sq. ft. and the other being 19,550 sq. ft. (collectively, the "Property), said re -subdivision being more specifically depicted on a plan entitled "Lands of Joseph & Muriel Kelley Ethan Allen Drive South Burlington, VT Boundary Survey" prepared byLamoureaux & Dickinson Consulting Engineers, Inc. dated December 18, 2007, last revised December 18, 2007 and recorded in Map Slide��3 of the South Burlington Land Records (the "Plan"); and WHEREAS, the South Burlington Development Review Board granted the Plat Approvals subject to certain conditions as set forth in its Decision dated February 19, 2008; NOW THEREFORE the Owners and the Applicant hereby individually and collectively give notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the Property unless and until modified or removed by the South Burlington Development Review Board or its successor: 1. The Property is and shall constitute a single parcel of land (comprised of 41,365 sq. ft.) for purposes of compliance with and application of the City of South Burlington's Land Development Regulations as they now exist and may hereafter be amended from time to time, including both zoning and subdivision regulations, even if the buildings located on the Property, or the lots comprising the re -subdivided Property, are conveyed to separate owners. 2. The proper party for purposes of submitting applications for approval under applicable City ordinances and regulations, including zoning and subdivision regulations, shall be the owners of all of the lots comprising the Property ("Lot Owners") or an association designated by and representing all of the Lot Owners (evidenced by proper legal documentation duly executed and recorded in the City of South Burlington Land Records). The City shall have authority to act upon any applications submitted by the Lot Owners or the association, and shall not be required to suspend or stay any action because of or pending resolution of any disputes between the association, if any, and the Lot Owners or among the Lot Owners as to their respective rights. It shall be the duty of the Lot Owners or the association to notify all other persons having an interest in the Property that may be effected by the application proceedings of the commencement of such proceedings. 3. Any action to enforce any City ordinance or regulation, including zoning and subdivision regulations, against the Property, or activities or events occurring on the Property, shall be brought against the Lot Owners collectively and individually, or the association referred above, if any association exists at the time. It shall be the duty of the Lot Owners or the association, as appropriate, to notify all others having an interest in the Property that may be effected by the enforcement proceedings of the commencement of such proceedings. Any decision in the enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the Lot Owners, the association, or the owner of any building/lot within the Property. 4, This Notice of Condition shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying the Property or any legal interest therein executed after the dated date set out below. 5. This Notice of Condition shall be binding upon the Applicant and the Owners, and their respective heirs, successors and assigns. Dated at South Burlington, Vermont, the 13th day of March, 2008. IN THE PRE NC OF: TRENCH BOXES, ETC., INC. By: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Its Duly Authorized Agent At South Burlington, in said County, this 13th day of March, 2008' T S LOYER, personally appeared and he acknowledged this instrument, by him sealed and ' subsc ed, be his free act and deed and the free act and deed of TRENCH BOXES, ETC., INC. 4 Before me, - VNotary Public My Commission Expires: 2/10/11 Dated at ,-,/i-Vermont, the /3;�'kday of 2008. IN THE PRESENCE OF: STATE OF Tx�s COUNTY OF ff!t; SS. H a r r 15 ESTATE OF JOSEPH P. KELLEY By: Duly Authorized Agent S �2,� N �Rts At (r Ter�t5 , in said County, this !yam+ day of M A R CH 2008, S IFA A) , personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of ESTATE OF JOSEPH P. KELLEY. Before me, Notary Public My Commission Expires: 2/10/11 r r4ho �® ® WN southbrlinto PLANNING & ZONING March 20, 2008 Tom Loyer Trench Boxes, Etc. 80 Ethan Allen Drive South Burlington, VT 05403 Re: Minutes — 80 Ethan Allen DRive Dear Mr. Loyer: For your records, enclosed is a copy of the approved February 19, 2008 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy Menough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbLirl.com )R t, A J) f. i;Lc SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD YW(av 19 FEBRUARY 2008 Application #SP-07-83 of L. E. Farrell Co., to 1 April 2008. Mr. Farley seconded. Motion passed unanimously. 6. Site Plan Application #SP-08-10 of Trench Boxes, Etc., to amend a previously approved plan for a lot used for outside storage. The amendment consists of providing a 30-foot wide right-of-way to provide access to the rear portion of 80 Ethan Allen Drive, 82 Ethan Allen Drive: Mr. Loyer said they had thought the right-of-way had been there, but it was not properly done. This application is to make that happen. Mr. Belair noted there is some existing outside storage, and staff is asking for it to be contained within the graveled area. Mr. Loyer said the applicant is OK with that. Ms. Quimby moved to approve Site Plan Application #SP-08-10 of Trench Boxes, Etc., subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 7.Jontinued Preliminary Plat Application #SD-08-01 and Final Plat Application #SD-08-02 of Trench Boxes, Etc., for a planned unit development to re -subdivide a 41,365 sq. ft. lot developed with three buildings into two lots of 21,815 sq. ft. and 19,550 sq. ft., 80 Ethan Allen Drive: Mr. Loyer noted that the division breaks out one building. Mr. Belair said staff has no issues now that the right-of-way is approved. Ms. Quimby moved to approve Preliminary Plat Application #SD-08-01 and Final Plat Application #SD-08-02 of Trench Boxes, Etc., subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 8. Continued Preliminary Plat Application #SD-08-03 & Final Plat Application #SD-08-04 of South Village Communities, LLC, to amend a previously approved planned unit development of Phase I consisting of 156 residential units and a 100-student educational facility, of a 334 residential unit project. The amendment consists of. 1) reducing the front yard setback from 10' to 5' and adding utility cabinets, 1840 Spear Street: Mr. Belair noted that the applicant has asked for a continuance until 4 March. Ms. Quimby moved to continue Preliminary Plat Application #SD-08-03 and Final Plat Application #SD-08-04 of South Village Communities until 4 March 2008. Mr. Farley seconded. Motion passed unanimously. -2- 02/26/2008 15:26 9853964586 ccS 02/21/2008 16:5�� 8820612325 T NE INC FEEH-:9-P-OOR 04112P FRGM;cITY OF SOUTH MJM-IN bS M464X01 Tot CITY OF SOUTH SORUNGTON WAIVER OF RIGHT TO APPMAL 7be Administrative offi"r may Issue is Zoning Permit Pursuant W an a Zoning Permit Appllcatlon Prior to expiration of the thlrtY-aw gF061 Pa V,S.A, seatlon 4471 only If there are no lnterasted pernons. es dellned sforementloned oectlan, other then the city end the appilcant/landown apprionnt/tandowner waiveo his or her rWhts to appeal any relevant De Board approvals. In order to ensure the finality and validity of any WAS Review Board approvals in those cases where ftrO am no Wereated than the appliaant/lanrlowner and the City, the appilcant/Widowner et. rights to appeal In carder to recetva a Zoning Permit prior to the Moran period. Zoning Permit Appilostion No. proved of a fad not forth In 24 n the r, and If the eloamerrt Review rsons other wolve his or her of the appS41 Tht Linderuigned praparty owner(a) hereby waives any and all rights t appem the aplaroveai(s) of the pevelopment ReAsw Board, ilated below. property Qwrier Dste Propsrty Owner oete I The undarsigned appocant(s) hereby waives any And All rights to ep at the approvals) of the tjevelopment Review Board, listed beloW. Applicant — APPiiasctt Ake Do $at writs below this Itno • For ofow asv on, Date of site plan sppmvel/denial gppn,�rei1 D { rtlat Dt DgW ai subdMzj0n aplmvai/denial Apprnvt+ii Date Qarttetl PAGE 01/01 PAGi ©1 F.1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 11, 2007 Tom Loyer Trench Boxes Etc. 80 Ethan Allen Drive South Burlington, VT 05403 Re: Sketch Plan Application #SD-07-63 Dear Mr. Loyer: 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, October 16, 2007 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 Planning & Zoning Assistant Encl. Permit Number SD- - (Q 3 APPLICATION FOR SUBDIVISION SKETCH 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 plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) rorl-I A r_c .4 rx '4`7-3 7'5- Tpt ` 7t3 --3c, - E9-" r-A?C -, 291.-655-- 7-A 20 2) LOCATION OF LAST RECORDED DEED (Book and page #) `,GcyC Z C F PCI-S 767---363 3) APPLICANT (Name, mailing address, phone and fax Sc Vet56, f-Z.,)Zz VT— us e �c-c ca q Y101 I=e4 K G l — Z "3 Z5r 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) 5) CONTACT PERSON (Name, mailing address, phone and fax #) Ti,P,JC,( 6) PROJECT STREET ADDRESS: 7) TAX PARCEL ID # (can be obtained at Assessor's Office) CC-40 •-66o&C) —C 8) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use b) Proposed Uses on property (include description and size of each new use and existing uses to remain) /-r-A-,�ccKb c) Total building square footage on 7, �ei ear S, * , (proposed buildings and existingV dings to remain) �i� ?AAl61PCs�' d) Proposed height of building (if applicable) A)6 /VgLj (3v'iC'Di J G S e) Number of residential units (if applicable, new units and existing units to remain) /U cyn,i,C_ f) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) SjF- fz- fEvt� 9) LOT COVERAGE a) Building: Existing C ,Y % Proposed 1-7- % b) Overall (building, parking, outside storage, etc) Existing ( % Proposed % c) Front yard (along each street) Existing_ . % Proposed l % 10) TYPE OF EXISTING OR PROPOSFT) ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) - 6,44ce55 ed' IF-�AA) A-tL,4v D 1 Carl,' ZZT- 7- f5 2 e;Z-K 4 til cy , 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.)_ , J 0 A F— aac stz 12) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this may be provided on a separate attached sheet) ' 13) ESTIMATED PROJECT COMPLETION DATE A/( 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (1 1" x 17") of the plans must be submitted. A sketch subdivision application fee is $125. rc\(d1?)�ly� 15:16 8026 26960 GSV PAGE 82 I hereby certif}l that all the Wformatioxi requested as part of this application] has been submitted and is accurate to the best of my knowledge. SIGNAT[IR 0F.APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I I I have 7COWplete ed this sketch plan application and find it to be: /) ❑ Incon)plete„ a oohing or Designee 3 rik GROVER ENGINEERING PC September 11, 2007 John Dinklage, Chair City of South Burlington Development Review Board 575 Dorset Street South Burlington, Vermont 05403 Water and Wastewater - Site Design Stormwater Management -'Environmental Consulting 2044 Main Road Huntington, Vermont 05462 phone/fax 802--434-2989 email: dgrover@gmavt.net Re: Application for Sketch Plan Review - Additional Information Proposed Planned Unit Development 80 Ethan Allen Drive Dear Mr. Dinklage: The Applicants, who include Trench Boxes Etc., Inc. represented by Thomas Loyer, President, and The Estate of Joseph Kelly, represented by Sean Kelly, are proposing to reconfigure the lot lines of 80 Ethan Allen Drive as a Planned Unit Development. The enclosed sketch plan of the site shows existing and proposed lot lines. An internal lot line is proposed within the lot for 80 Ethan Allen Drive, between Buildings B and C, for the purposes of defining individual ownership by the two co -applicants. We ask that the Board ignore this internal lot line when considering coverages and setbacks for the combined PUD lot. Following are additional details not included on the Application for Subdivision Sketch Plan Review form: 8) PROJECT DESCRIPTION a) Existing uses: 80 Ethan Allen Drive: Industrial/Commercial uses in three buildings totaling 7,269 SF. These buildings were recently used by Trench Boxes Etc., and by Computer Systems of Vermont for office space, and equipment storage. b) Proposed Uses: Buildings A and B (see sketch plan) will continue to be used as office space and equipment/ material storage space by the new occupant. Building C will be used by Trench Boxes, Etc. Trench Boxes will continue to store equipment and materials in the gated, gravel yard currently located at 82 Ethan Allen Drive. f) Other information: A common area has been designated on the plans, to be kept clear to permit access by the new occupant to the overhead door of Building A. City of South Burlington DevelopiInt Review Board Proposed PUD — 80 Ethan Allen Drive September 11, 2007 Page 2 .a 12) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES AND MAILING ADDRESSES 77 Ethan Allen Drive: Albert and Susan Gentes 95 Gentes Road Essex Jct.,VT 05452 78 Ethan Allen Drive Prom Real Estate Partnership c/o Control Technologies, Inc. 89A Ethan Allen Drive South Burlington, VT 05403 81 Ethan Allen Drive KPS 81/49 Properties LLC 81 Ethan Allen Drive South Burlington, VT 05403 82 Ethan Allen Drive The Estate of Joseph P. Kelley C/O Sean Kelley 22911 Trailwood Lane Tomball, TX 77375 83 Ethan Allen Drive Kitchen World 83 Ethan Allen Drive South Burlington, VT 05403 (farm & wetlands to north) John H. Jr. & Joyce N. Belter 2 Country Club Rd. South Burlington, VT 05403 Thank you in advance for your review of this proposed PUD. mcerel , Dean A. Grover, P.E. 1:\PROJECT2\07027-TrenchlessTech\DRBLtr9-11-07.DOC DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 15, 2002 Tom Loyer 80 Ethan Allen Drive South Burlington, Vermont 05403 Re: Site Plan Approval, Accessory Structure Dear Mr. Loyer: Enclosed please find a copy of the Findings of Fact and Decision approved by the Director of Planning & Zoning on November 14, 2002 for the construction of a new accessory structure. Please note the conditions of approval. If you have any questions, please let me know. Sincerely, Raymond']. Belair Administrative Officer Encl. .,1:24p p.2 fi..� lT�li. OF�) `� l 'U � H l.��u.1 �iL.�L aI-,L\ ,TTON DEPARTIVI]E;NT -OF P1Ai'`fNP4itiT & ZON\ DiG 575 JORSET ,STREET SOUTH BURLI IGI'ON, VERMOTNT 05403 (802) 846-4106 v 0 FM_Zk (ovzl 46 4101 - - Permit Number SP- PLIC TION FOR SITE PLAN REVTW tkil information requested on this application must be completed in fuR. 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 reriew before the Development Review Board. 1) OWNER OF RECORD (Naine as shown on deed, mailing address, phone and fax #) 2) LOCATION OF LAST RECORDED DEED (Book and page #) o 3) APPLICANT (Natne, mailing address, phone and fax #)-_ c.)_ _�k• P V.-AtIle!j 300 S.oel:r �771-ef ccsgc3-k l96->> � Z ��/r! � tro 16?-626 4) CONTACT PERSON (Name, mailing address, prone and fax #) v N� �`1 ffe)�' 5) PRO,TECT STREET ADDRESS: r �L7 '►.r+ aII ey ' on V'e. - 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 1.50 1 �>'� ©C>C-�) 7) PROJECT DESCRIPTION a) Existing Uses can Property (including description and size of each separate use) 1Sf_ _ b) P Tocosed Uses on -Property (include description and size of each ne�v use and existing uses to remain) ote Fc-L� (Zr c� T • ti yc"..) - <7n.KP, c) Totai building square footage on property (proposed buildings and existing buildings to remain) d) Height of building & num er of floors and mi eum=e) 1 buildings and existing, buildings to remain, specify if basement M e) `4umber of residential units Cif applicable, new units and existing units to remain) fi Number of employees & company_ vehicles (existing and propos d, note office versus --noon-otnee emplovees) �� 4i V'^ fkc"14eP-S 9 j1:25p p.3 g) other (list y 3ti,er, infor-mavd,on perd?aent to this application not specifically requested above, please -note if ver ay Distriets arc applicable):_ d) LOT COVERAGE a) Building-, Existing t (2 % Proposed % b) Ovcrall {building, paridne, outside storage, ate) Existing �/, pToposed 55- % c) Front yard (along each street) Ex sting (� % Proposed / ;:� % 9) COST ESTMATES a) Building (including interior renovations): /O, O 06- 0' }/ � 4, 3 b) Landscaping: S 0 0 Tom, c) Other site improvements (please list gvith cost): sl , ke- go,-,e-k A r- CA Ind . e 1,A n Inh ``t -,p N -2- l-o C c,-ri c �S 10) E.STINIATED TRAFFIC a) Average daily tra. c for entire property (in and oat): _ G V �-L c (-e 5- b) AM. Peak hour for entire property (in and out): ' 3 U c) RM Peals hour for entire property (In and out): Z�, I &j - S" °o O 11) PE_a..K I-IOlRS OF OPER-A TION: - 12) PEAK DAYS OF QPERADON: t T 13) EST24ATED PROJECT COMPLETION DATE: i 2-13 //o Z. i4) S= PLAT AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. �ive (5) re-gular size copies and one reduced copy (11" g 17") of die site plan muss be submitted. A site playa application fee shall be paid to the City at the time of sjomitdng the site plan application (see Exhibit A-, j1:25p 1 p.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. SIGNATURE OF -APPLICANT lay--rK Do not write below this line DATE OF SUBMISSION: RE VET` AUTHORITY: ❑ Development review Board '�p Director, Planning & Zoning I have reviewed this site plan application and find it to be: EY-Complete ❑ Incomplete l )L) Director of Planning & Zoning or Designee Date -# 10/11/2002 10:41 <1-800-234-7500 Ruud Lighting, Inc. RUM L1gntlnb + n-u—" r...- .- QUOTATION TO. HEGEMAN ELLCTRIC 16 GAUTHIER DR ESSO(JU, VVI 05452 RIJUD . LIGHTING 92o1 Wa9h6gion Avenue Racine, Wisconsin 5340&3772 Wts: www. ruucfthvn& com PHONE: (800) 236-7000 FAX (800) 236.7500 JOB REFERENCE: JOB: GROVER AT"I N- MARK BURNHAM FAX: 802/879.9457 ESSEX JCT, VT 05452 36103 PREPAY 10/11/02 1 DAY GKOUNU i 1/,Zo/UZ UNFI EXTENDED Qyy_ ITEM _ s 1 E4226•ULBS ESB-71P PIP t E4405-1 PBS DESCRIPTION PRJ 26FLR UL BS — SRFC MTG BOX W/120V PC PRJ 50MI-I 120V P BS PRICE 60,00 20,00 112.00 AMOUNT 60.00 20.00 112.00 PRODUCT NOTES. HID and compact fluorescent fixtures come complete with lamp. SHIPPING NOTES: PRICING NOTES. The prepaid price refers to payment prior to shipment. hank you for giving us the opportunity to provide this quotation, MEUSSA - EXT. 3212 SUBTOTAL 192.00 TAX 9.60 SHIPPING & HANDUNG 11.52 FREIGHT 0.00 TOTAL 213.12 RU D LIGHTING SIDE VIEW FLUORESCENT & INCANDESCENT DO►WN L I G HT CUTOFF SECURITY LIGHT _ SPEC. A CATALOG M _Cal VOLTAGE _ (b) OPTIONS (Factory Installed) _ — _WATTAGE 13W {t Lamp)E4213•t +u_.=" 2-277V if., Fkm) BS= Bronze Color Shroud 26W 2 am E4226 1 _1h1 54=240V 50 HZ (rcr auor.l GSo Gold Color Shroud lncande$ceat" E4106.1, rvt 58=220V 50 KZ (for PkiatJ H=High Power FQCter Ballast (FW Agar.) J =Tamparproot LOS Fasteners (a1 Fw votuip ahw M40 t 2eV, rrolocil -t waa 409"OPM1xte 10Bx (b) 51wily o0lionr, '•tnGnd�-. Im11(1110t Induded: ul6 60W miR. -U.$.. WW max. •CV'130. Battast Housing 10" (254 mm)L x 6" (152 mm)W Mounting for 2 LacW277V �, i ' Hole Line Units, & 50 NZ units. E Finish color: �� •25" (6 mm) bronze. \_ __--_--_. 2.25" (57 t Sealing . — Gasltet Ballast a 5" (114 Lampholder Polycarbonate Lents l MMus Mounting Bar Fixture Base. Finish Color; white. Ballast Cover tamp (Included on Fluorescent units) Aluminum Shroud GENERAL OESCRIPTION: Ga<keted clear tens is virtually unbreakable pWycdrbornare. Internal Polished aluminum shroud projects light out and away from fixture. Fixture base supplied will) a neoprene sealing basket for complete weatherproofing. Lens is fastened to base with Phillips -head captive stainless steel screws. Steel fixture mounting bar and threaded nipple providi_d for direct mounting to recessed junction lox. All 277V dual lamp fixtures supplied with a die cast ballast housing which measures 10" (254 mm)L x 6" (2 mm)W x 2.25" (57 mm)G, ELECTRICAL: Fluorescent fixtures aro supplied with either one or two 13W r:ompact fluorescent lamps. A 120V normal power factor fluorescent ballast is standard, Ballast options include 277V nortnal power factor, as well as high power factor for 120V or 277V. Minimum starting tempe-tature is -51 (-10"Q, Incandescent fixture does not include lamp; use 6OW maximum in U.S., 40W maximum in Canada. FINISH: Exclusive CWtaGuard"m finish features an E- .oat elxlxy primer with white acrylic powder topcoat, providing excellent resistance to corrusion, ultraviolet degradation and abrasion. The finish is covered by our 7 year limited warctinty. LABELS: UL Listed for wet locations and erictosure cl;assdtrd IP54 per IEC 529; in Canada. CSA Certified or Canadian UL 1 isted for wr,t Incations. ACCESSORIES: ESB-7 - Surface. Mounting Box ESB-7" P - Surface Mounting (lox With hhoto,,x4l ('spii.ify voltage) TPS-1 = 'I ampe(prrx)f Screwdriver DOWNLIGHT CUTOFF, FLUORESCENT SECURITY LIGHT PHOTOMETRIC DATA Lighting Scientti, In1;. Cenified TtA 'tent No, L51 7364 Lap-w F'luoreicent WattaSe: 13 W Lumens 900 Lens Clear Mounting Height. 1 U ft, (3 a)) M6untnlg Position. Wall CANDLEPOWER IN MAXIMUM PLANE CANDLEPOWER DISTRIBUYION CURVE ANGLE MtAN CP ANGLE MEAN CP ANGLE MEAN CP 00 69 45.0 18s 70.0 r 125 5.0 131 50.0 179 71 5 106 10.0 1 Al 52 5 100 75.0 45 1510 110 550 103 77.5 01 20.1) 122 575 183 00-0 6S 2 S.0 133 60.0 179 82.5 4G 300 126 U 5 173 ts5.1) 29 35.0 111 65 0 150 07,' 15 40.0 169 67.5 141 90.0 5 Maximum Candlepower- 116 Plane of Maximum CP7 00.0" Veelical Angle of Maximum (:andltrp(iwtr 45.U" FOOTCANDLE SUMMARY Isofootcaadle Plot of 1 lamp 13W Fluor. at 10' (3 m) Muunling Height (Plan View) t10' 90' 70' 60, vu w cw ca � uv w wv w so" 4T 30` 29, 10.. 0 Side View Mounting Height Cunvorgiun Table (Multiply the h levels by the eunve-siun fat wig HEiCH"I' -' FACTOK 4.00* (1 S ln1 4,00 6.35' 0.9 uq 1, I1i 7.50'(13...I t,7b I S tO (4.6 m) (1.44 17, 5t)' U.'1 q11 V.a 1 3(IAO' (h., ml 0 , 2 a 4 5 Oisra cu In Unis; Of Ugu-ono Height +�•urva 4.'1'ii) _ OIII:ANCE ALO W MnWtl'i Ml+' Ml�(il'�1 EFFICIENCY = 46.8% RUUD LIGHTING, INC. v tvv� alrtq,i+1, iunc.+Nt li S. 9201 Washingli,l) Avenue R,icine. WISCOIA111 5140(;-3771 ('-(Tore (H(In1) 3A.7WO 1: AV rw1r 11, 1r._7c,rV1 TECHNICAL SPECIFICATIONS Page I of 2 THE �► 1 - = � +� R�� K IDSA NATIONAL DESIGN AWARD WINNER 24.4 Cm SURFACE FLANGE .,_ MOUN wbdwt n►w.,bw r a 0-Y0 s p�q E pp RO 05 5 38.375' 97.5 4m S8 07 7 6 2.37'5" 158.4 CM Ra 09 9 88.375' 219.4 tam Ra 11 11 110.375' 2,9if?,4 cm TECHNICAL SPECIFICATIONS All standard units made from: ASTM A53 SCHEDULE 40 steel pipe (2.375"OD x .154 wall), hydraulically bent with a mandril, hot dipped galvanized after fabrication. Installation Methods: inground anchor mount (standard) freestanding mount (optional & extra) surface flange mount (optional & extra) The RIBBON RACK is available in ASTM A312 SCHEDULE 40 TP 304 stainless steel, satin #4 finish (optional & extra). LEVEL 35'A" 1 W6 � 01/41, INGROUND 2s.v ANCHOR MOUNT �� 78 +—► 2w, 60 Specl/ying I Estimating I Ordering Please use the following notation: quantity ��``,, R1118SONix• 05 07 Model Number 08 O of bicycles) 11 F — Freestanding Mount I -- Inground anchor Mount S — Surface Flange Mount G Galvanized S — Stainiasa Steel RBLi HOME uhe Ribbon Rack Placement & Clearances Important Considerations Painting Instructions TOcchnical Specifics ions Mounting Instructions e-mail tp://www.tibbonrack.net/tech.html A A A RIBBON RACK CO., INC. 1 ni11 i9nm .ack TECHNICAL SPECIFICATIONS Page 2 of 2 r Fion of: BRANDIR INTERNATIONAL, IN' 521 Fifth Avenue, 17th Floor New York, NY 1017"038 USA Phone: 212-505-6500 Fax: 212-605-6813 Senior Web Programmer: Dmitry Chuglazov Design, Construction, & Maintenance by Easynett.com, © 1998 http://www.iibbonrack.net/tech.html 10/11/2002 �d �t/j 44, .�v � � � l'�79 v — 87J a'/o x � -f-r)T x Wk gIV 14, ib' r$ t � 4 h pp #�a d _ ii1 iRr1 Jb�.' r+�Y tib w� �w�'Rii ii R� °tiR� W w MAU b4*id�b R i #ii4bieRMAMMAIL p ttebiti��v, A t' �b�R��'Fitt/R+i�t�R�i��9i�+��ii/t�t�0,��,�.x iii tiR 1Rt�i`Rbb �iR� >b1 R4�. � ,� ,7 a 1 — — — 124 t — — — N JOHN H. J. h JOYCE N. BELTER — a t — — — 120•t — — — — — — — — — — — — — --.— .— ` I � EMLO� P KI(i • EXISTING BUILDING C : ; • ; , : ; I ;E%1iR(LKi aMSIEitAY; • PI ••w I EXISTING BUILDING B I IEX. FENCE +1 LPROPOSED NEW _ INTERNAL PROPERTY ' LINE FOR PUD s • )pRJDODPLAIN �.._ ---- BOUNDARY COMMON AREA AREA TO BE KEPT CLEAR FOR VEHICULAR ACCESS TO OVERHEAD DOOR I ON NORTH WALL OF EX. BLDG A. �I 1 I 1 -- -- -- -- -- -- 77 ETIiAN AMEN DRIVE 8I MAN Z DRIVE 83 MAN ALLEN DRIVE 85 ETHAN ALLEN DRIVE N/F ALBERT & SUSAN GENIES, N/F KPS 81 / 49 PROPERTIES LLC I N/F KITCHEN WORLD i 1 1 I I I _.- W WERA S F.VM NOTFS: 1. THIS IS NOT A LEGAL MEETS AND BOUNDS SURVEY. PROPERTY LINES SHOWN ARE APPROXIMATE. 2. LOCATIONS AND SIZES OF EXISTING UTILITIES ARE APPROXIMATE, AND ARE SUBJECT 70 VERIFIG1TpN BY THE CONTRACTOR. J. ALL PROPERTIES IDENTIFIED IN THIS PLAT ARE ZONED AS. MIXED INDUSTRIAL AND COMMERCUL_ sY1� - - City of So. i CITY OF SOUTH BURLINGTUN DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 October 5, 2007 John & Joyce Belter 2 Country Club Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburi.com for the official agenda, posted the Friday before the meeting) for the October 16, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Iw Betsy cDonough Planning & Zoning Assistant Encl. February 29, 2008 Tom Loyer Trench Boxes, Etc. 80 Ethan Allen Drive South Burlington, VT 05403 Re: Minutes — 80 Ethan Allen DRive Dear Mr. Loyer: For your records, enclosed is a copy of the approved February 5, 2008 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802,846.4106 fax 802.846.4101 www.sburl.com February 6, 2008 Tom Loyer Trench Boxes, Inc. 80 Ethan Allen Drive South Burlington, VT 05403 Re: 80 Ethan Allen Drive Dear Mr. Loyer: 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 February 19, 2008 (effective 2/19/08). Please note the conditions of approval, including that the amended final plat plans must be recorded in the land records within 180 days (must be submitted & recorded by August 15, 200al or this approval is null and void. If you have any questions, please contact me. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7006 3450 0002 0949 2441 575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101 www.sburi.com CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: _ 1jr-Q66 NAME MAII mr. nnnRF¢c non ICP`T r%r- IkITr-r1 -- V' '22 G90 9o.` 1jr-t Vi-0sY-3 -5y - C c (k &Njcs SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD�J7 5 FEBRUARY, 2008 '7. preliminary Plat Application #SD-08-01 and Final Plat Application #SD-08- 02 of Trench Boxes, Etc., for a planned unit development to re -subdivide a 41,365 sq. ft. lot developed with three buildings into two lots of 21,815 sq. ft. and 19,550 sq. ft., 80 Ethan Allen Drive: Mr. Loyer said changes suggested at sketch plan have been addressed. Mr. Belair recommended continuing the hearing so the right-of-way issue can be corrected. Mr. Dinklage noted that the 2 lots would be considered as one PUD for all planning purposes. Ms. Quimby moved to continue Preliminary Plat Application #SD-08-01 and Final Plat Application #SD-08-02 of Trench Boxes, Etc., until 19 February 2008. Mr. Farley seconded. Motion passed unanimously. 8. Continued Appeal #AO-07-04 of Veve Associates appealing the decision of the Administrative Officer to issue Notice of Violation #NV-07-18, 435 Dorset Street: Mr. Belair advised that the applicant has requested a continuance until 19 February. Ms. Quimby moved to continue Appeal #AO-07-04 of Veve Associates until 19 February 2008. Mr. Farley seconded. Motion passed unanimously. 9. Continued Sketch Plan Application #SD-07-82 of Terry & Bethany Lieberman for a planned unit development consisting of one lot developed with a single family dwelling. The purpose of the PUD is to obtain approvals for waivers to allow the building to encroach three feet into the side setback and 6.75 feet into the front setback, 44 Country Club Drive: Mr. Belair referred to staff comments as to whether it is appropriate for this request to be heard by the Board. Mr. Anderson, representing the applicant, said the purpose of the sketch hearing is to get feedback. He added that if the Board has jurisdiction to hear a PUD request, he felt the issues are easy to reply to. Mr Farley said he would go with what the Legal Counsel has said on this. Mr. Behr agreed. He felt this would typically come before the Board as a variance request. Mr. Anderson said he would try to convince the City Attorney. Mr. Sperry, representing some of the neighbors, said he agreed with staff that this request doesn't fit the definition of a PUD. LENGROVER ENGNEERING PC February 7, 2008 Ray Belair, Zoning Administrator City of South Burlington Development Review Board 575 Dorset Street South Burlington, Vermont 05403 Water and Wastewater - Site Design Stormwater Management - Environmental Consulting 2044 Main Road Huntington, Vermont 05462 phone/fast 802-434-2989 email: dgrover@gmavt.net Re: Application for Final Subdivision Plat Review - Copies of Plat Proposed Planned Unit Development 80 Ethan Allen Drive Dear Ray: In a recent meeting with Tom Loyer you indicated that you require five full-sized copies of the proposed plat of the PUD at 80 Ethan Allen Drive. These documents are enclosed. Please contact me immediately if there are any problems with these documents. incer y, Dean A. Grover, P.E. Enclosures Cc: Tom Loyer, w/o enclosures W:\PROJECT2\07027-TrenchlessTech\CitySB_Prelim_Final\Belair2-7-08. DOC r southb rlin t n PLANNING & ZONING February 13, 2008 Tom Loyer Trench Boxes, Inc. 80 Ethan Allen Drive South Burlington, VT 05403 Re: 80 Ethan Allen Drive Dear Mr. Loyer: 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, February 19, 2008 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. SinSerely, Betsy ycgonough Brown Plannirio Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106, fax 802.846.4101 www.sburi.com CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD \drb\sub\trenchboxes\trenchboxes_prelim fina1.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: February 12, 2008 Application received: January 4, 2008 80 ETHAN ALLEN DRIVE PRELIMINARY PLAT APPLICATION #SD-08-01 FINAL PLAT APPLICATION #SD-08-02 Agenda # 7 Meeting Date. February 19, 2008 Owner Applicant Estate of Joseph P. Kelley Trench Boxes Etc, Inc 22911 Trailwood Lane 80 Ethan Allen Drive Tomball, TX 77375 South Burlington, VT 05403 Property Information Tax Parcel 0640-00080 Mixed Industrial & Commercial Zonina District Property Location: j 1 ject Property Film CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\trenchboxes\prelim final doc Trench Boxes Etc, hereafter referred to as the applicant, is seeking preliminary and final plat approval for a planned unit development to re -subdivide a 41,365 sq. ft. lot developed with three (3) buildings into two (2) lots of 21,815 sq. ft. & 19,550 sq. ft. 80 Ethan Allen Drive. The application was reviewed at a hearing on February 5, 2008 but continued so that the Board could consider a related application regarding the proposed Right of Way to the rear of this property. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on January 4, 2008 and have the following comments. Zoning District & Dimensional Requirements Neither of the proposed lots meets the area and dimensional requirements and therefore will not be considered two lots for planning and zoning. For purposes of planning and zoning, the two (2) lots included in this subdivision for 80 Ethan Allen Drive shall be considered one (1) lot. Table 1. Dimensional Re uirements Lots IC Zoning District Required Proposed; Min. Lot Size 40,000 SF 41,365 SF Max. Building Coverage 40% 18% Max. Overall Coverage 70% 55% Min. Front Setback 30 ft. >30 ft Min. Side Setback 10 ft. >10 ft Min. Rear Setback 30 ft. >30 ft 4 zoning compliance 1. For purposes of planning and zoning, the two (2) lots included in this subdivision shall be considered one (1) lot. The applicant will be required to record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at an acceptable pressure. There are no changes to this criterion as part of this application. Sufficient water supply and wastewater disposal capacity is already available. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\trenchboxes\prelim final doc According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. There are no changes to this criterion as part of this application. There is no need for additional connections to the public sewer system. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed subdivision does not involve any construction, so this criterion is not applicable. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed subdivision does not involve any construction, so this criterion is not applicable. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are existing Class II wetlands on the site. There is currently some gravel for the parking area which extends into the buffer. Staff advocates that this be removed. 2. The existing gravel shall be removed from the wetland buffer. As this is a Class II wetland, and as the subject property is also covered in various items for storage, staff advocates that the buffer be appropriately delineated either with landscaping or split rail fencing. 3. The wetlands buffer within the northern portion of the subject lot shall be delineated with either appropriate landscaping or split -rail fencing. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed subdivision is compatible with the planned development patterns of the 10 Zoning District. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is not applicable to the proposed project. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The proposed subdivision does not warrant review by the South Burlington Fire Chief. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\trenchboxes\prelim final doc There is a sidewalk which extends along portions of the other lots on the street. The Board has most recently required an extension of the sidewalk along the property at 84 Ethan Allen Drive. 4. The applicant shall build a sidewalk, in conformance with City standards and to the satisfaction of the Director of Public Works, along the southern edge of the property to be completed no later than October 31, 2008. The plans shall be revised accordingly. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. This requirement has been referenced above. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision is in conformance with the South Burlington Comprehensive Plan. Other Trash facilities are shown on the plans but not adequately screened. They should be adequately screened. The plans should be revised. 5. Any trash facilities shall be included on the plan and noted as adequately screened. 6. Any existing lighting which is not in conformance with the current SBLDR's shall be replaced with those that are downcasting and shielded. 7. Any areas proposed for outside storage shall be so noted on the plans. Staff recommends that the Board approve Preliminary Plat application #SD-08-01 and Final Plat application #SD-08-02 subject to the numbered conditions in the comments section of this report. Respectfully submitted, Cathyar LaRose, Associate Planner Copy to: Tom Loyer, Trench Boxes Etc. 51TE LOCATION MAP PITS. 0 LEGEND - T � JOFN r UOYLE I _ °E`TER GANF 47U"N8044'p8'(q/ VOLNG PG115 GARBED WIRE AND DISTI.RBED /24 WOVEN WIRE FENCE I sn•4n7t=. u� 40 I FROM GALU ATED 60 ETHAN ALLEN OR. GORIER 06 A.6 ESTATE OF JO5EPH "'EL KELLEY N5 I VOLZB, fbJe2 E O 409E A�fRE5i PRCPOO LOSEAENI I I� LOi 5 1 MIT T 20777 SO FT, 62 ETHAN ALLEN 0K, I EXIS iING OFFICE \ ESTATE OF 1 BUILDING W JOSEPH ♦ "In 66 KELLEY I f6. 6 \P1 17J ` �I h GRAVEL DRIVE FL ry 30' 1 LOT I FLUSH 22 L.S. 711 3 .1 DIVISION I \ 1 LIE I p IPS I 0.6 A.G. V\ .W 8244 I w 0 ry I I Lr I n / DAVID ♦ GATHER INE GARAGE I` ( I HOUSTON a� GRAVEL DRIVE I .F r5/9 RDS FL VOL.7G430 NCE 12 1 LOT 4 WOOD FEI h / ei IRIIT I ry RETAINING WALL yWQI 2R641 50 FT 1 1 i PAVED DRIVE I A: (.NIT I I I UJW< OFFICE Q BUILDING Q CEDAR I 5H:L9 1 AT, I QI 1 d4XUSH 4" FL BQ 1 ROO KEN rcr clK 4X4' N735 0.70' apl �� COR' I I Or A6. GOK KR I E RY I _NBp=TREES . sI6N MAPLE TREE 124.4 p• TYI- I I 1 1 TO SHAA.IROGK ROAD ET 3 58p%i4T s/e" RBUSH S FL ET AN ALLEIV pRrVE r /24.405 E - 51T — — PROJECT PROPERTY LINE - — — SIDELINE OF PROPOSED EASEMENT -- — ADUTTING PROPERTY LINE N/F NOW OR FORMERLY �IPF IRON PIPE FOUND .I1`5 IRON PIPE SET A.G. ADOVE ISKADE B.G. DELOW GKADE W RDS REDAK SET CMF GONCKETE MOMA.ENT FOIRNO ALDERT ♦ SVSAN CIM' 4X4' FLUSH _ GENTES WF 5393022W, DIU* FROM CALCLLATED VOL444. PG316 1 CORAEK LOT 9 6V41 FROlIERT1155. LLC IKP5 I VOL.437, P6622 LOT a I GRAPHIC SCALE ( IN FEET ) 1 Inch - 40 rL RBF J/8— b VERY DIS rr.3 aG 2�4`O rW � CTAeAER �L RBF 5/E FLUSH SD5r31W. L1r _ FROM GALUILATED CORN R NOTE5 1 -11 MT *AI OWN FFRIPli F VErf MECOAO s - NIL— OuoWWe T . A YUT s1DWND %AfplVaroN M FaF A m mrOR�iON aF O I OF REIE eF]cND.�1nN1 ALIPN —TIN vwlour. Nc. AfNw. 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TIE �ARGFL OrCRT" LNEs snoNN IiErEON ARE EbMoATION N NOT[ AID AksllAnoN Folio Wb ReFeRFNcm oN NB fuRVFr f A4 e:W r s SEi ARE NfioE ouyEiEK MONAb1TATion FOUR if As NOTFD IN M1M e. iRAVERfE s �rEY ^As coWIETFn aN blbn>. vfNb AKCaWNATroN D NE�A� cOi1VDIT�dNL v Mom. M I.T IN." ISAID NN 1EeT TIE ON REWu�tE1EMs fpt APPROVED DY RESOLUTION OF THE DEVELOPMENT REVIEW BOARD OF THE CITY OF SOUTH DUKLINGTON, VEKMONT. ON THE — DAY OF . 2006 %A. ,)ECT TO THE REOUIKEMENT5 AND CONDITIONS OF SAID KE50LVTION. 51GNED THIS _ DAY OF 2006 DY (CLERK OR GHAIKMAN I PROJECT 5TAT15TIC5 ZONING DISTRICT - MIXED INDUSTRIAL CO AND AMEKCIAL DEED REFERENCE - VOL. 215. PG. 362 TAX MAP PARCEL ! 6-640-80 CITY CLEKK'5 OFFICE CITY OF SOUTH DLRLINGTON VT. 200E RECEIVED FOR RECORD AT O'LLOGK M. AND RECORDED IN SLIDE# ATTEST- TOWN CLERK MAKK ♦ LISA APPLICANT Oe`Y LACKOIX 1 APT N/F TRENCH BOXES, ETC INC. VOL.440, r6327 60 ETHAN ALLEN DR. OPRELIIAINMGY 0.L MVG VIEW FINAL Loco. Review C3I—. DRAW N6 LOT 0 SOUTH DUKLIN&TON. VT 05403 LANDS OF nco.Rcr NO. J05EPH + MUKiEL Grw2 / \ KELLEY "IA, ETHAN ALLEN M. 50VTH DURLINGTON VT It. OKrNN TO THE DE5T OF MY KNOWLEDGE THIS BOUNOAK Y PLAT 15F BASED ON INFORMATION THEKACTEO FROM PERTINENT DEEDS AND/OR OTHER SURVEY OLK BATe OFFICIAL RECORDS, AND MARKERS EVIDENT ON THE PROPERTY, AND CONFORMS WITH TI1E ILb/0T KEOUIKEMENTS OF 27 V5A ♦ 1403. fc'N-e A� DATED THIS — DAY 01 2L5735 Sul.°S T Permit Number SD- " V - CITY OF SOUTH BURLINGTON APPLICATION FOR PRELIMINARY SUBDIVISION PLAT 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 plans will result in your application being rejected and a delay in the review before the Development Review Board. 1p)..OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) 1 (WU i A Lm, 1-1,-, 6. i 1 X 7 7 3 7 5 1�R, '713- 305--°lil aSI-655-71eI0 2) LOCATION OF LAST RECORDED DEED (Book and page #)(6, 'w6a'3 s 3) APPLICANT (Name, mailing address, phone and fax #) 1 eA ,h. 3axc s Ete, 1„ C, 96 Cd,.,,. Ae , So, 4>c An� -fOK-. V% 1 05`f03 ��1= WO - ` 0-17Qct S5Uo1 ea�315 X )Ob 4) CONTACT PERSON (Name, mailing address, phone and fax #) T�►o��as wye f ; 2 r e-5I cL j' . I rtnc �.. �p 5 G-tc, Contact email address: + `o ye r ✓1 e +nc 5) PROJECT STREET ADDRESS: 1 e3C> A &n --ori've S,4 6) TAX PARCEL ID # (can be obtained at Assessor's Office) b G `I 6) 6)06.) 6 c) - e- 7) PROJECT DESCRIPTION a) Existing Uses on Property (including de <; e e C, -4--i"c�.e Ze, A b) Proposed Uses on property (incl remain) See. c.,--i- e and size of each separate use) .er destion and size of each new use and existing uses to .e.,� cripi c) Total building square footage on property (proposed buildings and existing buildings to remain) -7, a 6cl s e) Number of residential units (if applicable, new units and existing units to remain) �Q LA f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees):5),, 'I oW,*,e.. S' se-"j;onccl 9 : ?r; 4 Jf."'- 15- ✓10" g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): r- h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc.: tn'fae-Ln4L-1 Z?rdrjV lire, e�Aj1t -Co C-.re_'-te- - wo U,ki,-tS (see cLt-f �c�lerl I e-F-F�� w- L 8) LOT COVERAGE a) Building: Existing % Proposed % b) Overall (building, parking, outside storage, etc) Existing _% Proposed % c) Front yard (along each street) Existing _% Proposed 9) COST ESTIMATES a) Building (including interior renovations): $ IJ %' f b) Landscaping: $ l V / c) Other site improvements (please list with cost): N //q 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): See— A'� -f ci � In tr � j e "f'f of 2 l 1) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: IV/A 14) PLEASE LIST ABUTTING LANDOWNERS, INCLUDING THOSE ACROSS THE STREET. You may attach a separate sheet. 0,-f4 �c,l � 12-f- 15) PLANS AND FEE Plat plans 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 plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the 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 APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: V 7 / I have reviewed this preliminary plat application and find it to be: 19 Complete Incomplete 7 46 ' of Planning & Zoning or Designee / Date d Permit Number SD- t�8 - 0 X CITY OF SOUTH BURLINGTON APPLICATION FOR FINAL SUBDIVISION PLAT 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 plans 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 roan deed, mailing address, phone and fax #) r t5s°tcdy— of cJos !pLa P. Kadey oco�i 1 ( T,-,,owruei 'rW -7 13 -3U5 - 8911 Fa o* ;L 61•- 655---yLi 20 2) LOCATION OF LAST RECORDED DEED (Book and page #) 13ook o7 15� 'teas 36a-36 3 3) APP ICANT (Name, mailing address, phone and fax &ces _ IF: fc. , y n- kyQ - Drr,w— So. �urli 1`t>�t VT CS5yo3 H= �> 50- ;1 - 1-23,7'S 4) CONTACT PERSON (Person who will receive all correspondence from Staff. Include name, address phone& fax #) Contact email address: + oye r6�) +.+ n z -'Ae- , com If 5) PROJECT STREET ADDRESS ,�r�;n�•�o�'� VT 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0 6LO - 000 5r 0 C-- 7) DETAILED PROJECT DESCRIPTION a) Existing uses on Property (including description and size of each separate use) b) Proposed uses on property (include description and size of each new use and existing uses to remain) S e.e avt-tc-c-ktal te,-f 11-e (' c) Total building square footage on property (proposed buildings and existing buildings to remain) 72 0 -�; � d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) Ali 6 41 i '%tiS ci re �Iwr. Uy,;4 2 JF., g , 2 y .P.,,_1- Our(, a I e) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees & company vehicles (existing and proposed, note office versus non -of employees)'�x : `3 ot4;ce. n0 V%- of%mac 46yel�� r (� Pr : `1 of f'ee . 15 rw� g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 5CQ- je t+e r h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. ir,4e.r r`al ' !coge c� A� e-A '{'v Crec,-t uJo LA,%;ts C S e0— e,44 C�W- lef hp r C, la t 8) WETLAND INFORMATION a) Are there any wetlands (Class I, 11, or III) on the subject property? b) If yes, is the proposed development encroaching into any ol'these wetlands or their associated 50' buffers? c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: 1. a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 9) LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a) Size of Parcel: _Ci q 5 ac 36 5 =` Sir (acres /sq. ft.) b) Building Coverage: Existing square feet Proposed square feet c) Overall Coverage (building, parking, outside storage, etc): 2 SW ( �l note 7 l Z veA. J e5 Existing square feet % Proposed square feet % C e-Q- d) Front Yard Coverage(s) (commercial projects only): J j� 1 ` r1 C.�, I 1 �C:�✓1 � Existing square feet % v1 U 1 e- 7 Proposed square feet % .w 10) AREA DISTURBED DURING CONSTRUCTION: �l� sq. ft. *Projects disturbing more than on -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. 11) WAIVERS REQUESTED a) List any waivers from the strict standards in the Land Development Regulations (e.g., setbacks, height, parking, etc.) that the applicant is seeking Un; f a ko,5 no {=r0^ tLre A ^�34,-F-,t VU.. - (Z.O.1.� In as 6e�n �r uv��¢ � �v� Unit aZ -fu 0.C[t5s l I�,c,., /Alen Vr;✓G 12) COST ESTIMATES a) Building (including interior renovations) $ NJ /A b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ c) Other site improvements (please list with cost) 13) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out) S ee— Co4fr ,cLe4 le-f f s- b) A.M. Peak hour for entire property (in and out) c) P.M. Peak hour for entire property (In and out) 14) PEAK HOURS OF OPERATION l 5) PEAK DAYS OF OPERATION 16) ESTIMATED PROJECT COMPLETION DATE N/A A 3 2 17) ABUTTING LANDOWNERS — please list abutting landowners, including those across any streets. You may attach a separate sheet. 16) PLANS AND FEE Plat plans 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 plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat 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 APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: l I have reviewed this preliminary plat application and find it to be: 4omplete ❑ Incomplete of Plannfing & Zoning or Designee 4 Date The Ribbon Rack TECHNICAL SPECIFICATIO, ) http://www.ribbonrack.net/tech.htm] 7M[E ORIGINAL RIBBON. IDSAq NATION41AL f,AESIGN AWARD WiNh:ER 32 �'W 351/4, IU FLANGE CiSURFACE MOUNT LEVEL no a,; 5 34,375- 0;r.5 t" -4 As 07 7 42-375- 115W4 IM INGROUNO 3' i 2&0 SIR 00 0 96,3755- ANCHOR MOUNT 110,375' `2,10,4ctn 76 214' &o TECHNICAL SPECIFICATIONS All standard units made from: ASTM A53 SCHEDULE 40 steel pipe (2.375"OD x .154 wall), hydraulically bent with a mandril, hot dipped galvanized after fabrication. Installation Methods: inground anchor mount (standard) freestanding mount (optional & extra) surface flange mount (optional & extra) The RIBBON RACK is available in ASTM A312 SCHEDULE 40 TP 304 stainless steel, satin #4 finish (optional & extra). Specifying I Estimating I Ordering VIMSC LIW the following lotation., Quantity RIBRON -1 07 MWel NUmber 09 (# of bicycies) 11,1 F — Freestanding Mount I — Inground Amhor Mount S — Surface FL-inge Mount G — Galvanized 6 — stainicss Steel E El 11 HOME About the Ribbon Rack Placement & Clearances Important Considerations Painting Instructions Technical Specifications Mounting Instructions e-mail 1 of 2 1/4/2008 9:38 AM The Ribbon Rack TECHNICAL SPECIFICATIOi http://www.ribbonrack.net/tech.html A A A RIBBON RACK CO., Division of: BRANDIR INTERNATIONAL, INC. 521 Fifth Avenue, 17th Floor New York, NY 10175-1799 USA 800-849-3488 or 212-505-6500 Fax: 212-505-6813 Senior Web Programmer: Dmitry Chuglazov Design, Construction, & Maintenance by Easynett.com, © 1998 2 of 2 1/4/2008 9:38 AM GROVER ENGINEERING PC January 4, 2008 John Dinklage, Chair City of South Burlington Development Review Board 575 Dorset Street South Burlington, Vermont 05403 Water and Wastewater — Site Design Stormwater Management — Environmental Consulting 2044 Main Road Iduntington, Vermont 05462 phone/fax 802-434-2989 email: d8rover@8mavt.net Re: Application for Final Subdivision Plat Review — Additional Information Proposed Planned Unit Development 80 Ethan Allen Drive Dear Mr. Dinklage: The Applicants, who include Trench Boxes Etc., Inc. represented by Thomas Loyer, President, and The Estate of Joseph Kelly, represented by Sean Kelly, are proposing to reconfigure the lot lines of 80 Ethan Allen Drive as a Planned Unit Development. The enclosed plat shows existing and proposed lot lines. An internal lot line is proposed within the lot for 80 Ethan Allen Drive, between the garage on Unit 1 and the garage on Unit 2, for the purposes of defining individual ownership by the two co -applicants. We ask that the Board ignore this internal lot line when considering coverages and setbacks for the combined PUD lot. Since the northern unit (Unit 2) will not have access to a public road, a 30-foot wide right-of-way to Ethan Allen Drive serving Unit 2 has been provided as shown on the plat. This should satisfy 3.05 B. (2) of the Land Development Rules that the Board may approve a subdivision that leaves a lot with no frontage on a public road so long as access to such a street is provided for. The following submittal addresses the "Criteria for Review of PUDs," 15.18 of the Land Development Regulations: 1) Sufficient water supply and wastewater disposal capacity is available meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. No construction or change of use is proposed with this subdivision. Current water supply and wastewater supplies will not change. 2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. No construction is proposed, so erosion during construction is not an issue. City of South Burlington Developri.,,nt Review Board Proposed PUD — 80 Ethan Allen Drive January 4, 2008 Page 2 3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. Traffic patterns will not change as a result of this subdivision. 4) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. Wetlands have been delineated and no activity will occur within the 50-foot Class Two Wetland buffer zone. 5) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The only visual change associated with this subdivision is the change in location of a dumpster and the addition of two lights over the doors of the Unit 2 garage. A fence surrounding the dumpster has been specified to reduce the dumpster's visibility (see plan). 6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. No open spaces are proposed for this minor PUD (division of an existing 1-acre lot); wetlands on the property are shown on the plans. A steep embankment separates these wetlands from the existing buildings on the property. 7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. The Fire Chief has not reviewed this layout, but the existing layout will not be changed. This subdivision will grant an access right-of-way to the northern unit, which will only serve to increase accessibility in the case of a fire. 8 & 9) (8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant. No new roads, recreation paths, stormwater facilities, sidewalks, or utility lines are proposed in this subdivision. A retaining wall is proposed along the new property line that will increase useful space and provide a tidier appearance to the site. Barrier rocks at the top of the retaining wall will increase public safety. Two downcast lights are proposed above the doors for the garage on Unit 2 at an elevation of 13 feet (see plan). Cut sheets for these lights are attached. 10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). No new construction is proposed, so this subdivision is not at odds with the Comprehensive Plan. City of South Burlington Development Review Board Proposed PUD — 80 Ethan Allen Drive January 4, 2008 Page 3 Following are additional details not filled in on the Application for Final Subdivision Plat Review form: 7) PROJECT DESCRIPTION a) Existing uses: 80 Ethan Allen Drive: Industrial/Commercial uses in three buildings totaling 7,269 SF. These buildings were recently used by Trench Boxes Etc., and by Computer Systems of Vermont for office space, and equipment storage. b) Proposed Uses: Buildings on Unit 1 (see site plan) will continue to be used as office space and equipment/ material storage space by the new occupant. The garage on Unit 2 will be used by Trench Boxes, Etc. for storage of equipment. Trench Boxes, Etc. will also continue to store equipment and materials on Unit 2 at 80 Ethan Allen Drive and in the gated, gravel yard at 82 Ethan Allen Drive. g) Other information: A common area has been designated on the plans, to be kept clear to permit access by the new occupant to the north overhead door on the existing Unit 1 building. 13-15) TRAFFIC AND OPERATION No construction or change of use is proposed with this subdivision, so traffic patterns and operations will not change. Therefore, traffic patterns and times of peak operation have not been evaluated. 17) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES, WITH MAILING ADDRESSES: 77 Ethan Allen Drive: Albert and Susan Gentes 95 Gentes Road Essex Jct.,VT 05452 78 Ethan Allen Drive Prom Real Estate Partnership c/o Control Technologies, Inc. 89A Ethan Allen Drive South Burlington, VT 05403 81 Ethan Allen Drive KPS 81/49 Properties LLC 81 Ethan Allen Drive South Burlington, VT 05403 82 Ethan Allen Drive The Estate of Joseph P. Kelley C/O Sean Kelley 22911 Trailwood Lane Tomball, TX 77375 83 Ethan Allen Drive Kitchen World City of South Burlington Development Review Board Proposed PUD — 80 Ethan Allen Drive January 4, 2008 Page 4 83 Ethan Allen Drive South Burlington, VT 05403 (farm & wetlands to north) John H. Jr. & Joyce N. Belter 2 Country Club Rd. South Burlington, VT 05403 A cut sheet for the proposed bike rack is also attached. Thank you in advance for your review of this proposed PUD. in rely, Dean A. Grover, P.E. Attachments Cc: Tom Loyer W:\PROJECT2\07027-TrenchlessTech\CitySB_Prelim_Final\DRBLtrI-3-08.DOC -- . fl (el DEVELOMENT REVIEW BOARD 16 OCTOBER 2007 4. Site Plan Application #SP-07-70 of Magic Hat Brewery to amend a previously approved site plan for three industrial buildings on two parcels totaling 6.73 acres. The amendment consists of. 1) six various sized building additions; 2) adding 12 fermentation tanks, and 3) adding a one-way truck exit to Bartlett Bay Road, 5 Bartlett Bay Rd: Mr. Wamsganz said the purpose of the modifications is to increase production and to increase efficiency of the site. He noted they will be adding some landscaping in previously paved areas. He then showed where the specific additions will be, including the location of fermentation tanks. The project will reduce overall coverage by 1%. Mr. Wamsganz also showed the location of the proposed one-way truck entrance. Mr. Belair noted he had a call from property owner Doug Hoar, owner of a nearby property complaining of an odor and grain dust landing on his new vehicles. Mr. Kipp said he didn't know about this and will be glad to meet with Mr. Hoar. The renovated facility will have a steam recovery system with no steam escaping. Steam might be now be pulling particulates out of the air and settling them on cars. Pat Trimm of the Landings Association said they had been promised a screen from barrels on this site. They got a screen, but now the barrels are as high as the roofline, and there is no screening up that high. The applicant said they will remove a hedge and a tree which will be relocated and will provide more screening from Bartlett Bay Road. Ms. Timm said she felt the site was "an eyesore." Ms. Quimby moved to approve Site Plan Application #SP-07-70 of Magic Hat Brewing Co., subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 5. ketch Plan Application #SD-07-63 of Trench Boxes, Etc., Inc., for a planned unit development to re -subdivide one lot into two lots, SO Ethan Allen Drive: Mr. Loyer showed the boundary they are trying to create. The fuel tank and dumpster will be fenced, and outside storage will be shown on the plan. Mr. Belair noted the lots will not meet the minimum lot size. The applicant will file a note of condition that for planning purposes, this will still be considered one lot. Mr. Belair added that all the buildings on the plan currently exist. The applicant will make site improvements and address lighting and screening. No issues were raised. 6. Sketch Plan Application #SD-07-66 of Pizzagalli Properties, LLC., for a planned unit development to construct a 30,000 sq. ft. general office building, 193 Tilley Drive: -3- City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 November 9, 2007 Tom Loyer Trench Boxes Etc. 80 Ethan Allen Drive South Burlington, VT 05403 Re: Minutes — 80 Ethan Allen Drive Dear Mr. Loyer: For your records, enclosed is a copy of the approved October 16, 2007 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. (802)846-4106 — phone (802)846-4106 — fax planning @sburl.com No Text CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\trenchboxes\sub.doc Trench Boxes Etc, hereafter referred to as the applicant, is seeking sketch plan review of a planned unit development to subdivide two (2) lots, 80 Ethan Allen Drive. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on September 13, 2007 and have the following comments. Zoning District & Dimensional Requirements Neither of the proposed lots meet the area and dimensional requirements and therefore will not be considered two lots for planning and zoning. For purposes of planning and zoning, the two (2) lots included in this subdivision for 80 Ethan Allen Drive shall be considered one (1) lot. The applicant has not yet provided information pertaining to the square footage or coverages on the lot. 1. The plans shall be revised to include all dimensional information, including lot size, building square footage, and impervious coverage information. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at an acceptable pressure. There are no changes to this criterion as part of this application. Sufficient water supply and wastewater disposal capacity is already available. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. There are no changes to this criterion as part of this application. There is no need for additional connections to the public sewer system. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed subdivision does not involve any construction, so this criterion is not applicable. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\trenchboxes\su b.doc The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed subdivision does not involve any construction, so this criterion is not applicable. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are existing Class II wetlands on the site. There is currently some gravel for the parking area which extends into the buffer. Staff advocates that this be removed. 2. The existing gravel shall be removed from the wetland buffer. As this is a Class II wetland, and as the subject property is also covered in various items for storage, staff advocates that the buffer be appropriately delineated either with landscaping or split rail fencing. 3. The wetlands buffer within the northern portion of the subject lot shall be delineated with either appropriate landscaping or split -rail fencing. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed subdivision is compatible with the planned development patterns of the 10 Zoning District. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is not applicable to the proposed project. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The proposed subdivision does not warrant review by the South Burlington Fire Chief. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. There is a sidewalk which extends along portions of the other lots on the street. The Board has most recently required an extension of the sidewalk along the property at 84 Ethan Allen Drive. The Board should consider whether this should be extended to the subject lot as well, bearing in mind that no new development is proposed. 4. The Board should render a decision regarding whether the applicant shall build a sidewalk, in conformance with City standards, along the southern edge of the property. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING This requirement is being met. \drb\sub\trenchboxeslsub.doc The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision is in conformance with the South Burlington Comprehensive Plan. Other Again, the proposed subdivision will be considered one lot for planning and zoning. For purposes of planning and zoning, the two (2) lots included in this subdivision for 80 Ethan Allen Drive shall be considered one (1) lot. 5. For purposes of planning and zoning, the two (2) lots included in this subdivision shall be considered one (1) lot. The applicant will be required to record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. 6. Any trash facilities shall be included on the plan and shall be adequately screened. 7. Any existing lighting which is not in conformance with the current SBLDR's shall be replaced with those that are downcasting and shielded. 8. Any areas proposed for outside storage shall be so noted on the plans. 9. The plans shall show areas designated for snow storage. RECOMMENDATION Staff recommends that the applicant address the numbered items above and proceed to preliminary plat review. Respectfully submitted, *akhy�,"nn LaRose, Associate Planner Copy to: Tom Loyer, Trench Boxes Etc. KELLY, Joseph THOMAS, Ken Area zoned I-C. District. Section 13.109 allows equipment service and repair shops. Sec- tion 13.107 allows truck terminals (existing use Bushey's Truck- ing). Section 19.65 Multiple uses (Section 19.05 applies Conditional uses). Variance granted, August 14, 1987 to Section 19.65. Conditional use (outside storage) approved October 23, 1989. Lot contains 42,780 square feet with 124 feet frontage. QFH-200' RENE J. BERARD S 90 31' 00" W 345 00' j ► 2 3 N y, Gravel Drive/ Parking J 20 W �!V f ri i -qITF PLAN E'T S 90 31' 00" W �---- 345.00' Replace Topsoil and R in all Disturbed Areas O'icial Use City of S _h Burlington Appl/ica ion to Board of Adjustment Date 6 �C Applicant �Li,* ��I S � ,f�i ,L4- Owner, leasee, agent APPLi.CATION # HEARING DATE �5�U FILING DATE /8 `' � O 'do FEE AMOUNT Address () / L& Telephone # 6 5,5 - 2Q..7-0 Landowner k{,p_ L Address r7.� ��,, 14/&., 0 Location and description of property 3 Lo /1 co Type of 4pplication check one ( ) appeal from decision of Admi^istra*-i4 e Officer( )request. for a conditional use ( X) 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 toe hearing. Provisions of zoning ordinance in question /fit Reason for appeal C&f UeJeS1,&,v � f_ The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the B o—a-rrd .C/C7 Hearing Date Signature of Appellant Do not write below this line ----------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title c.4 , V . S . A. iche Sou c:ii Bur llnq'CGn Zoning Board o Au j ils tment will 1-101d a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on _ 7,ry, _ Day of eek .to consider the following: (Month and Date Time Appeal of f seeking jr "e, from Section 401 9.100' --;;I_ of the South Burlington Regulations. Request is for permission top.,,, z-+f.�"►..I�r r 'T City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 25, 1990 Mr. Kenneth Thomas 61 Dufrense Drive Winooski, Vermont 05403 Re: Zoning hearing Dear Mr. Thomas: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, July 9, 1990 at 7:00 P.M. to consid- er your zoning appeal. Please plan to attend this hearing, and be prepared to make a presentation addressing the criteria setforth on the pink sheet enclosed. Very truly, Richard Ward, Zoning Administrative Officer 2 Encl RW/mcp l LEGAL NOTICES 1 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Reggulations 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, July 9, 1990 at 7:00 P.M. to consider the following: #1 Appeal of Joseph Kel- ly and Kenneth Thomas seeking an approval from Section 19.65 Multiple uses of the South Burling- ton Regulations. Request is for permission to oper- ate an equipment repair shop (small appliances) in conjunction with a truck terminal d.b.a Bushey's Trucking, on a lot con- taining 42,780 square feet, located at 80 Ethan Allen Drive. #2 Appeal of John Larkin seeking approval from Section 9.20 Conditional uses sub section 9.203 Nursing and Convalescent homes of the South Bur- Iington Regulations. Re- quest Is for permission to construct forty (40) one bedroom units in conjunc- tion with an existing twen- ty seven (27) unit community care facility on a parcel containing 3.3 acres located at 1510, 1514 and 1516 Williston Road. #3 Appeal of James and Ellen Frail seeking a vari- ance from Section 19.00 Non -complying structures - sub section 19.001 alter- ations of the South Bur- lington Regulations. Request is for permission to construct a 16' x 24' story and half addition (700 square feet living area) to a dwelling which is non -complying to di- mensional requirements, located at 8 Ruth Street. i t c t f t t r F k 5 c E C a t1 t i 0 tl h �97 'oe JOSEPH KELLY ) 1300 SPEAR STREET SO. BURLINGTON, VT. 05401 SOUTH BURLINGTON ZONING ATTN: DICK WARD D] CK, PLEASE ALLOW THOMAS LOYER & KENNETH THOMAS TO ACT AS MY AGENTS IN THE MATTER OF THE 80 ETHAN ALLEN DRIVE MULTIPLE USE VARIANCE. INCERI`, JOE KLLY -8- c) Traffic will not be increased. d) Will not affect by-laws. e) Will not affect energy resources. Mr. Thibault moved that the Planning Commission review the Vsi e traffic - at the site plan review. This was seconded by Mr. King and all voted aye. The Multiple Use was granted unanimously. Appeal No. 4 of Joseph Kelley, Kelco Disposal, Inc Appeal of Joseph Kelley, Kelco Disposal, Inc., seeking approval from Section 13.20 Conditional uses, outside storage, request is for permission to occupy a vacant lot for outside storage in conjunction with a permitted use on an adjoining lot, located at 82 Ethan Allen Drive. Mr. Ward said the area is zoned I-C District. Section 13.20 Conditional use sub section 13.220 Outside storage. Two lots used by Kelco Disposal - #80 Ethan Allen Drive occupied by two buildings #82 Ethan Allen Drive vacant (proposed for storage of dumpsters). Lot 9 120' x 350' - 42,000 square feet. Lot 5 150' x 350' - 43,750 square feet. About 2 acres of land. The issue is outside storage of dumpsters. Mr. Sean Kelley said the request for outside storage of containers would have no affect on community facilities. Would not change the character of the area. There are trucks, trailers, earth moving equipment in the area now. There would be no traffic increase. By-laws will not be affected or utilization of energy resources. Basically it's an overall improvement to the area. This is for temporary'storage and cleaning of containers. Mr. Blais asked how many containers do you expect to have there? Mr. Kelley said no more than 20 per lot. The appeal was approved 6 - 1. Appeal No. 5 of IDX Corporation, Joseph Myers, agent Appeal of IDX Corporation, Joseph Myers, agent, seeking approval from Section 12.20 conditional uses, sub section 12.208 day care, request is for permission to operate a day care center (maximum of 60 children in conjunction with 17,600 square -feet of general office area, on a lot containing 4.8 acres, located at 1500 Shelburne Road. Mr. Ward said the area is zoned C-2 District. Section 12.20 Conditional uses, sub section 12.208 day care center. Section 19.65 Multiple uses (two uses proposed). Section 12.101 permits business and professional offices (5000 square feet IDX Corporation - 6200 square feet Artec Company and balance to be rented) total 17,600 square feet. Proposed day care 3000 square feet - maximum of 60 children. Lot 370' x 570' = 210,900 square feet or 4.84 acres. Mr. Myers said please note that the maximum of 60 children should be 70 children. ZONING NOTICE In accordance with thi South Burlington Zoninc Regulations and Chapte 117, Title 24 V.S.A. the South Burlington Zoninc Board of Adjustment wig hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont or Monday October 23, 1989, at 7:00 P.M. to consider the following: # 1 Appeal of Merrill Jarvis seeking a variance from Section 18.00 Dimensional requirements of the South Burlington Regulations. Re- quest is for permission to construct a 2100 square foot addition (220 seat the- ater) to an existing theater - restaurant complex to within five (5) feet of the westerly side yard, located at 1214 Williston Road. #2 Appeal of Salamin Handy seeking approval from Section 11.20 Condi- huf-ci and Section 19.65 Multiple uses of the South Burlington Req-m!a- tions. Request is for perOns- sior rU OpCIGie a automoLL, parking com- pound (135 parking spaces) in conjunction with an exist- ing warehouse -office com- plex on a lot containing 2.38 acres, located at 45 Swift Street. #3 Appeal of Salamin Handy, agent for Cumber- land Farms seeking appro- val from Section 19.65 M.ult;ple uses and a vari- ance from Section 19.104(b) yards, of the South '—dington Regulations. Re- quest is for permission to construct a 3000 square foot mini -mart with a 21' x 64' canopy with a 21' x 32' extension. Proposed park- ing and circulation area will be greater than maximum allowed. Building and some parking will be located to witi,:,-:..,r five (651 feet of a residential district (Brewer Parkway) located at 974 Shelburne Road. #4 Appeal of Joseph Kelley, Kelco Disposal, Inc., seeking approval from Section 13.20 Conditional uses, out- side storage of the South Burlington Regulations. Re- quest is for rmission to occupy a vacant lot for out- side storage in conjunction with a permitted use on a adjoining lot, located at 082 Ethan Allen Drive. #5 Appeal of IDX Corpora- tion, Joseph Myers agent seeking approval from Sec- tion 12.20 Conditional uses, sub section 12.208 Day care centers and Section 19.65 Multiple uses, of the South Burlington Regula- tions. Request is for permis- sion to operate a day care center (maximum of 60 chil- dren) in conjunction with 17,600 square foot of gen- erol office area, on a lot containing 4.8 acres, lo- cated at 1500 Shelburne Road. Richard Word Officer Zoning Administrative October 7, 1989, Placing a Free Press Classified ad is easy. We'll help you word your ad to get the results you wont) Charge it with your VISA or Mas- tercard. KELLY, Joseph 82 Ethan Allen Drive Area zoned I-C District. Section 13.20 Conditional use sub section 13.220 Outside storage. Two lots used by Kelco Disposal - #80 Ethan Allen Drive occupied by two buildings #32 Ethan Allen Drive vacant (proposed for storage of dumpsters). Lot 9 120' x 350' - 42,000 square feet. L,ot. 5 150' x 350' - 43,750 square feet. DATE JO INDICA NORTH I 14 :T1 ;I 1 II I ! I I i I°I I I I _Q I I I I I -14 ri J City of South Burlington Application to Board of Adjustment Official Use q // APPLICATION # HEARING DATE I'V12; A i =4+t f Date 9/20/89 Kelco Disposal, Inc. Applicant Joseph & Muriel Kelley Owner, leasee, agent FILING DATE FEE AMOUNT Address 1519 Williston Road Telephone # 863-2900 So. Burlington, Landowner 7�pb & Muriel Kelley Address Same Location and description of property Lot #9, 82 Ethan Allen Drive, So. Burlington Type of application check one ( ) appeal from decision of Administrative Officer.( X )request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice 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 Conditional Use - Outside Storage — (13,200) of steel containers Reason for appeal The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. / Hearing Date Signatu of Appel ant Do not write below this line SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week at to consider the following: Month and Date Time Appeal of " /C� a0-4-4.__-6,4 G . V ' seeking�2 ,,,�-,�,r�,� from Section 13,Z C.) of the South Burlington Regulations. Request is for permission to &1*4� a� z, �(,�.,._ Gi:C.-�tc.s.�-ems e MCNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 JOSEPH C. McNE1L (1919-1978) JOSEPH E. McNE1L FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE* WILLIAM F. ELLIS LINDA R. LEROY SUSAN H. COMPTON (*ALSO ADMITTED IN N.Y.) Kelco Disposal, Inc. 80 Ethan Allen Drive South Burlington, VT 05403 Attn: Joseph Kelly Dear Mr. Kelly: August 28, 1989 OF COUNSEL ARTHUR W.CERNOSIA On July 28, 1989, Carol Lewis, of your office, informed me that Kelco Disposal, Inc., was willing to take all steps necessary to bring its business into compliance with the City of South Burlington's zoning regulations. The City Zoning Administrative Officer informs me that, to date, Kelco Disposal, Inc., has not applied for the conditional use permit necessary to correct the existing zoning violations. Please apply for the same with the City's Zoning Administrative Officer by the earliest possible date. If you have not applied for the conditional use permit by September 6, 1989, I will assume that you are no longer willing to voluntarily comply with the City's zoning regulations and thereafter take appropriate legal action. Thank you for your prompt attention to this matter. Very truly yours, MCNEIL & MURRAY William F. Ellis, Esq. WFE/tmr #6/131 cc: Richard Wood Zoning Administrative Officer i / --& S/ i Z J A.7 J O f ,..- I Z OK 3, 0 t --d , z, avo 14 • % sv O�4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 October 11, 1989 Kelco Disposal 80 Ethan Allen Drive South Burlington, Vermont 05403 Re: Zoning application Dear Mr. Kelley: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, October 23, 1989 at 7:00 P.M. to consider your zoning application. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 6, 1989 Kelco Disposal, Inc. P.O. Box 2391 South Burlington, Vermont 05407 Re: Zoning appeal Dear Joe: ZONING ADMINISTRATOR 658-7958 Enclosed is a application for a zoning board appeal. Your letter to me this date does not satisfy the information needed to schedule a hearing. The next hearing will be held on October 9, 1989. The application, along with eight (8) copes of a site plan must be submitted twenty (20) days before the hearing date. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp Kelco Disposal, Inc. P.O. Box 2391, South Burlington, Vermont 05403 (802) 863-2900 September 5, 1989 Mr. Richard Ward City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 Dear Mr. Ward: This letter is in response to your letter dated July 15, 1989. First I would like to point out Kelco Disposal wishes to resolve this issue voluntarily and intends to cooperate with the City of So. Burlington. It is my understanding a request for approval for outside storage needs to be submitted to the City of So. Burlington Zoning Board of Adjustment. We respectfully submit this and request a Zoning Board of Adjustment hearing to ascertain the need for additional screening. Concerning the filling in the rear of the property, this has been fill- ed with concrete and other inert material to correct an erosion problem. Should you have any questions or if any additional submitals are required, please call me at 863-2900. Sincerely, tom' • ��,'" Sean P. Kelley cc: William Ellis McNeil & Murray PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 10, 1987 Mr. Joseph Kelley 80 Ethan Allen Drive South Burlington, Vermont 05403 Re: Zoning appeal Dear Mr. Kelley: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the Municipal Offices Conference Room, 575 Dorset Street on Monday, August 24, 1987 at 7:00 P.M. to consider your zoning application. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp KELLEY, Joseph 7 n E _L 1 _ v lhall Aliea Drive I-C District Section 13.101 permits business and professional offices Section 13.106 permits storage facility Section 19.65 NIul tiple uses - sub section 19.652 Uses proposed 1200 square foot office area - (residential use is terminated) and 1000 square feet storage area Existing truck terminal, shop and office Lot 124' x 345' - 42,780 square feet cc 140M 0 o o- ' FH - 200' I- i 2 , 3 3 � 3 0 c� i Gravel Drive/ Parking • � 1 RENE J. BERARD S 90 31' 00" W Ln 345.00' W o O L40i/ ; /Go fit` C7) 3d Qs�f 2 d CO J Residence Construction Co. ' �S' 2 - , E; T -- EST r S 90 31' 00" W SITE PLAN Replace Topsoil and R No Text NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Joseph P Kelley PO. Box 2391, S. Burlington, VT 05403 863-2900 Name, address of property owner Same Property location and description 80 Ethan Allen Dr., S. Burling on, Office Building and Garage I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second'and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date `7SignatWie 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 at _ (day of week) (month and date) time to consider the following: Appeal of seeking ,a from Section Burlington Regulations. Request is for permission to u of the South SOUTH BURLINGTON ZONING NOTICE In accordance with the South Berlin ton Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a Fiublic hearing at the South Bur- ngton Municipal Offices, Con- ference Room, 575 Dorset Street, South Burlington, Vermont on Monday, August 24, 1987, at 7 00 P.M. to consider the follow- ing: 81 Appeal of Allan and Rise Berard seeking ` approval, from Section 19.65, Multiple uses, sub section 19.652 of the South Bur. lington Regulations. Request is for permission to construct a 40' x 60' addition, occupying an j area of approximately 3400 square feet as a repair shop and contractor's yard, on a lot con- taining 41,400 square feet lo- cated at 73 Ethan Allen Drive. k2 Appeal. of Joseph P. Kelley seeking approval, from Section 19.65, Multiple uses sub section 19.652 of the South Burlington Regulations. Request is for per- mission to occupy an area 30' x 40' for offices and on area of 25' x 40' at storage facility in conjunction with the existing use (truck terminal) on a lot con- taining 42,780-square feet, lo- cated at BO Ethan Allan Drive. N3 Appeal of Davis Company, Larry Williams, agent seeking a variance, from Section 18.00, Dimensional reyvirements sub section 18.105 of the South Bur- lington Regulations. Request is -for permission to construct a 54' x 96' building with approxi- mately 54 square .feet located to within ninety-five (95) feet of the centerline of Potash Brook, lo- cated at 20 Farrell Street. 44 Appeal of Crawford Gregory and Philip George, agent seek- ingg approval, from Section 19.65, Multiple uses, sub section 19.652 of the South Burlington Regulations. Request is for per- mission to construct a building containing 13,600 square feet and occupying said building with a maximum of five (5) uses; (star- sge and distribution facilities, wholesale establishments and re- pair shops) on a lot containing 1.16 acres, located at 9 Gregory Drive. k5 Appeal of Alan Palmer seek- ingg approval, from Section 19.65, Multiple uses sub section 19.652 of the South Burlington Regulations. Request is for per- mission to construct a 46' x 184' addition (containing fea proxi- mately 12,600 square et of Floor area) occupying said area as a retail -office complex, on a lot containing 1.8 acres, located at 4050 Williston Road. Richard Ward, Zoning Administrative Officer August 8, 1987 ATTORNEYS AT LAW 2;39 SOUTH UNION STREET P. 0. BOX 98rp BURLINGTON, VERMONT 05402-0956 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL May 1, 1987 Mr. Ron Tatro T-Mark Associates, Inc. P.O. Box 306 Shelburne, VT 05482 Res South Burlington v. Xelley Dear -Rons (802) 862-6451 (802) 863.2857 ISAAC N. P. STOKES COUNSEL I am enclosing the original anti two copies of the Summons and Complaint which have been prepared in the above matter. Please make service upon Mr, and Mrs. Kelley. I believe the address of their residence is 1519 Williston Road in South Burlington. Mr. Kelley, who operates Kelco Disposal, Inc., has his place of business at 80 Ethan Allen Drive in South Burlingotn. Thanks for your help in this matter. Very truly yours, (T� Richard F. Peterson, Jr. RFPsljj Enclosures ccs Richard Ward PORM 945 • ORIGINAL PROCESS TUTS LANX PereBro u. su�uAo �r oice TUTTLE LAW vi INT T vu BLI9HHR9. w •'l0 STATE OF VERMONT Chittenden COUNTY, SS CITY OF SOUTH BURLINGTON V. JOSEPH KELLEY and MURIEL KELLEY To the above -named Defendant(s): SUPF,RIOR COURT Civil Action, Docket Number You are hereby summoned and required to serve upon Richard F. Peterson, Jr. , Esq. plaintiff's attorney, whose address is _P.O. Box 986, Burlington, g on , VT 05402 , an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. * 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 damage covered by a liability insurance policy under which the insurer has the right or obligation 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 have against the plaintiff, or you will thereafter be barred from making such claim in any other action. Dated ?� a Plaintiff's Attorney' Served on Date Deputy Sheriff STATE OF VERMONT COUNTY OF CHITTENDEN, SS. CITY OF SOUTH BURLINGTON ) CHITTENDEN SUPERIOR COURT V. ) Docket No. _ JOSEPH KELLEY and MURIEL KELLEY ) C O M P L A I N T NOW COMES the Plaintiff, City of South Burlington, by and through its attorneys, Spokes, Foley & Stitzel, and hereby makes complaint against the Defendants, Joseph and Muriel Kelley as follows: 1. The Plaintiff is a Vermont municipal corporation situated in the County of Chittenden. 2. The Defendants are the owners of the land and premises which are the subject of this action; namely 80 Ethan Allen Drive in South Burlington, Vermont. 3. At all times material to this Complaint, the Plaintiff has had zoning regulations in effect which prohibit land development within the City without the issuance of a zoning permit. 4. The Defendants are currently using the property which is the subject of this Complaint for residential purposes without having obtained a permit for such use. SPOKES. FOLEY & STITZEL ATTORNEYS AT LAW BURLINGTON, VERMONT 5. On or about August, 1986, the Defendants applied for approval to the South Burlington Zoning Board of Adjustment for a variance per- mitting this property to be used for residential purposes. The Zoning Board of Adjustment denied the application and required that the resi- dential use then being made of the premises be terminated by February 1, 1987. Notice of Denial was served upon the Defendants. The Defendants did not appeal this denial. 6. The Defendants have not terminated the residential use of their property as required by the Boards' order. 7. By using their property for residential purposes without first having obtained a permit, the Defendants have violated §20.10 of the South Burlington Zoning Regulations and 24 V.S.A. §§4441 and 4443. 8. The Defendants were provided with notice of their violation by certified mail on or about April 13, 1987, and in spite of said notice, have continued to use the property for residential purposes. WHEREFORE, the Plaintiff respectfully requests: 1. The Court find that Defendants are in violation of the City of South Burlington Zoning Regulations and 24 V.S.A. §§4441 and 4443. 2. The Court enter a permanent injunction enjoining the Defendants from using the property as a residence. 3. The Court award the Plaintiff fines of $50.00 per day commencing February 1, 1987. SPOKES. FOLEY & STITZEL ATTORNEYS AT LAW 3URLINGTON, VERMONT -2- SPOKES. FOLEY & STITZEL ATTORNEYS AT LAW BURLINGTON, VERMONT 4. The Court order such other relief as it deems appropriate together with costs and interest. Dated at Burlington, Vermont this __'day of May, 1987. CITY OF SOUTH BURLINGTON By: Spokes, Foley & Stitzel n_� Richard F. Peterson, Jr. -3- SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 239 SOUTH UNION STREET P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL RICHARD F. PETERSON, JR. May 4, 1987 Mr. Richard R. Ward Zoning Administrative Officer 575 Dorset Street South Burlington, VT 05403 Re: Joseph and Muriel Kelley Dear Dick: (802) 862-6451 (802) 863-2857 I am enclosing the Agreement between the City and Mr. and Mrs. Kelley which has been signed by them. With this Agreement in place, it should be a rela- tively simple procedure to obtain a judgment against the Kelleys in the event they fail to get their tenant out by June 1. Thus, I would suggest that we again hold back on the enforcement action. Please sign the enclosed Agreement and return it to me. In the event the tenant is still there on June 1, we can then go to court. Please call should you have any questions. Very) truly yours, L chard F. Peterson, Jr. SFS:ljj Enclosure A G R E E M E N T AGREEMENT made between the City of South Burlington (hereinafter "City") and Joseph and Muriel Kelley of South Burlington, Vermont (herein- after "Kelley"). WHEREAS, Kelley is the owner of certain land and premises at 80 Ethan Allen Drive in South Burlington (hereinafter "the property"). WHEREAS, the property is located in an industrial zone. WHEREAS, in August, 1986 the City's Zoning Board of Adjustment denied Kelley's application for a variance permitting the property to be used for residential purposes and required that the residential use then being made of the property be terminated by February 1, 1987. WHEREAS, notice of the decision of the Zoning Board of Adjustment was served upon Kelley by certified mail on August 15, 1986. WHEREAS, Kelley has not terminated the residential use of the property as required by the Board's order and acknowledges the violation. WHEREAS, on or about April 13, 1987 Kelley was notified by certified mail of the zoning violation on the property. WHEREAS, the parties hereto have reached an understanding as to the resolution of their differences which is set forth hereinafter. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: 1. That Kelley shall have until June 1, 1987 to terminate the residential use being made of the property. 2. If Kelley terminates said use by June 1, 1987, the City shall not proceed against him in a zoning enforcement action with regard to that violation. 3. If Kelley does not terminate said use by June 1, 1987, the City may initiate enforcement proceedings against them in the Chittenden Superior Court and Kelley consents to the entry of judgment against him and the award to the City of fines in the statutory amount of $50 per day for each day from February 1, 1987 to the date the violation is terminated together with an injunction abating the residential use which constitutes the violation. _ Dated at South Burlington, Vermont this � day of•A$�'; 1987. CITY OF SOUTH BURLINGTON By: Richard Ward Zoning Administrative Officer Dated at South Burlington, this -� 01 day of April, 1987. Muriel Kelley' STATE OF VERMONT COUNTY OF CHITTENDEN, SS. W-✓w, «,�� -,/< At n, t h i and Muriel Kelley personally by them sealed and subscri s 5 Sday of April, 1987 Joseph Kelley appeared and acknowledged this agreement, SPOKES, FOLEY & STI1 ZEL ATTORNEYS AT LAW 239 SOUTH UNION STREET P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES (802) 862-6451 JAMES D. FOLEY (802) 863-2857 STEVEN F. STITZEL RICHARD F. PETERSON, JR. April 16, 1987 Mr. Joseph Kelley Kelco Disposal, Inc. P.O. Box 2391 South Burlington, VT 05403 Re: Zoning Violation Dear Mr. Kelley: I am enclosing for your review and signature the Agreement which we discussed on the phone April 15th. By its terms, the City has agreed not to proceed against you for fines and an injunction due to your failure to comply with the terms of the August, 1986 order of the Zoning Board of Adjustment. In return, you are guaranteeing that the violation will end by June 1, 1987. If the violation is not terminated by that date, the City may then proceed against you as permitted by law and pursuant to this Agreement. Dick Ward has also asked that I remind you that before you may make a new use of your property, you must first obtain conditional use approval. April 22nd is the filing deadline for applications which will be heard on May llth - the last hearing before June 1st. If you and Mrs. Kelley would please sign the enclosed Agreement before a notary public and return it to me as soon as possible, I will ask Mr. Ward to sign it and we will be able to consider this dispute over. If, however, I have not received your signed Agreement within the next week, I will assume that it is not acceptable to you and will take the action necessary to protect the City's interest. If you should have any questions, please feel free to call. Very truly yours, Richard F. Peterson, Jr. RFP:ljj CC: Richard Ward A G R E E N E N T AGREEMENT made between the City of South Burlington (hereinafter "City") and Joseph and Muriel Kelley of South Burlington, Vermont (herein- after "Kelley"). WHEREAS, Kelley is the owner of certain land and premises at 80 Ethan Allen Drive in South Burlington (hereinafter "the property"). WHEREAS, the property is located in an industrial zone. WHEREAS, in August, 1986 the City's Zoning Board of Adjustment denied Kelley's application for a variance permitting the property to be used for residential purposes and required that the residential use then being made of the property be terminated by February 1, 1987. WHEREAS, notice of the decision of the Zoning Board of Adjustment was served upon Kelley by certified mail on August 15, 1986. WHEREAS, Kelley has not terminated the residential use of the property as required by the Board's order and acknowledges the violation. WHEREAS, on or about April 13, 1987 Kelley was notified by certified mail of the zoning violation on the property. WHEREAS, the parties hereto have reached an understanding as to the resolution of their differences which is set forth hereinafter. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: 1. That Kelley shall have until June 1, 1987 to terminate the residential use being made of the property. 2. If Kelley terminates said use by June 1, 1987, the City shall not proceed against him in a zoning enforcement action with regard to that violation. 3. If Kelley does not terminate said use by June 1, 1987, the City may initiate enforcement proceedings against them in the Chittenden Superior Court and Kelley consents to the entry of judgment against him and the award to the City of fines in the statutory amount of $50 per day for each day from February 1, 1987 to the date the violation is terminated together with an injunction abating the residential use which constitutes the violation. Dated at South Burlington, Vermont this day of April, 1987. By: CITY OF SOUTH BURLINCTON Richard Ward Zoning Administrative Officer Dated at South Burlington, this day of April, 1987. Joseph Kelley Muriel Kelley STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, this day of.April, 1987 Joseph Kelley and Muriel Kelley personally appeared and acknowledged this agreement, by them sealed and subscribed to be their free act and deed. Notary Public STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, this day of.April, 1987 Joseph Kelley and Muriel Kelley personally appeared and acknowledged this agreement, by them sealed and subscribed to be their free act and deed. Notary Public City of. South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER ZONING ADMINISTRATOR 658-7955 April 10, 1987 658-7958 Kelco Disposal Inc. Attn: Mr. Joseph Kelley P.O. Box 2391 South Burlington, Vermont 05403 Dear Mr. Kelley: This letter will serve as a formal notice of a zoning violation at 80 Ethan Allen Drive. The residential use of this property is illegal and has been on -going since February 1, 1987. Mrs.Kelley informed this office that your tenant has purchased a house and plans to relocate by June 1, 1987. This matter has been turned over to Attorney Richard Peterson, Jr. I suggest that you contact him at 862-6451 to discuss this case. Be further advised that in order to rent the space in question for any other use, involves a conditional use approval by the Zoning Board of Adjustment. If you have any questions don't hesitate to call. Very ruly yours, Richard R. Ward Zoning Administartive Officer RRW/b Certified Letter # P 161 791 106 SPOKES, FOLEY & STIT ZEI. ATTORNEYS AT LAW 239 SOUTH UNION STREET P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL RICHARD F. PETERSON. JR. April 7, 1987 Mr. Richard Ward Zoning Administrative Officer 575 Dorset Street South Burlington, Vermont 05403 Re: Kelley Zoning Enforcement Dear Dick: (802) 862-6451 (802) 863-2857 Based upon our telephone conversation in which you informed me that no written notice of violation had been sent by certified mail to Mr. Kelley since the date violation began - February 1, 1987 - I would suggest that you send such a notice before we begin an enforcement action. It is our opinion that such notice is required by statute before fines can be awarded by a court. 12 V.S.A. §4444. Please copy me on the letter that goes out and provide me with the date of delivery. We will be prepared to commence an enforcement action immediately upon expiration of the seven-day notice period. Very truly yours, Richard F. Peterson, Jr. RFP:mil January 19, 1987 Kelco Disposal, Inc. Attn: Mr. Joseph Kelley P.O. Box 2391 South Burlington, Vermont 05403 Dear Mr. Kelley: As of this date you have failed to license your two roll -off trucks with this office. Unless you license these vehicles by Friday, January 23, 1987 you will no longer be allowed in the City landfill. Also, confirming our discussion of a few days ago, you are presently violating the City's zoning regulations. The use of your garage at 80 Ethan Allen Drive for automotive repair is a conditional use which requires approval by the Zoning Board of Adjustment. Be advised that the garage in question was permitted for storage of vehicles and equipment only. Be advised that the present use must terminate or you must apply for approval no later, than January 30, 1987. Your failure to comply will result in this matter being turned over to the City Attorney for whatever legal action he deems necessary. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp Certified letter #P 161 791 105 I um\lmcb -� STC -cq MvLot Tys. &Or- Luilz i9flaLs; rro cowbi-X tAT-j-,zoe r TU .Xga T-oT- is uzc jaG -)j; ,Ljj&j;s(,-,yGe oljF4,- gug G ';Yx(;2 9bbr-oi,,r-4-,- Pi 80 Psu iITTGU DLTAG {,or.SCUT,*ra -.-.c;af,T g f -jo ty TpG I-1p C;,M lao, "Ls ),r s, kT3-j IJO JOU&;r- PG wy.romsq -!J f-p�, PA Of, Cjf :r;? r-1-:7'-7'G9 -FO TTCG;J0G ACM 4:mfu T�oj-' DG9L Wi*.' KrYST62�; 0 ,V,r 4 if: Wn. JOE�Cbp KOTTGL Dl'2bc2wT' Luc* '19ung'ZA TV TagA SPOKES, FOLEY & STITZEI, ATTORNEYS AT LAW 239 SOUTH UNION STREET P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL RICHARD F. PETERSON, JR. February 18, 1987 Marc E. Wiener, Esq. Wiener & Olenick, P.C. P. 0. Box 433 Burlington, VT 05402 Re: Joseph Kelley Lot Ethan Allen Drive South Burlington, VT Dear Marc: (802) 862-6451 (802) 863-2857 The City of. South Burlington has asked us to undertake whatever action is necessary to remedy the existing zoning violation of your clients at 80 Ethan Allen Drive. I understand the Zoning Board of Adjustment set a deadline of February 1, 1987 to terminate the residential use. Your recent request for an extension of the deadline was denied. I would like to avoid litigation, but I do not think it is in the City's best interest to drag this matter out until June. Please let me know if your clients intend to immediately perfect compliance. Thanks. Very truly yours, Richard A. Spokes RAS:mil CC: Richard Ward Zoning Administrator City of South Burlington March 26, 1987 Mr. Joseph Kelley Kelco Disposal 80 Ethan Allen Drive South Burlington, Vermont 05403 Dear Mr. Kelley: Be advised that the Zoning Board of Adjustment denied your request for a continuation. They also voted to have the City Attorney take the necessary legal action to insure that you cease use of your building for residential use and automotive repair shop. The City Attorney Richard Spokes will be in contact with your attorney or the courts in the near future. If you have any questions please feel free to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp March 10, 1987 Mr. Joseph Kelley Kelco Disposal 80 Ethan Allen Drive South Burlington, Vermont 05403 Dear Mr. Kelley: Be advised that the Zoning Board of Adjustment has tabled your request until March 23, 1987. The Board will require a detailed site plan specifying vehicle and container storage, total parking area and screening. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp KELLEY, Joseph 80 Ethan Allen Drive Area I-G District Section 13.20 Conditional uses - sub section 13.205 automotive repair and service Section 19.65 Multiple uses - truck terminal/storage facility existing in main building (main building 40' x 100')Residential use not terminated, proposed use offices Garage/storage building 24' x 32' Request to occupy building for automotive repair and service Note: This use is occupying the property in violation - residential use also in violation - both violations have been turned over to the City Attorney 1 f p, ��„��!. � � 4 �,.Y Y'r �,►.' 4 f :4^ �, F h �� W � j. �" � '° y J' � Y3'.. w/�' �v] l • � 'u ...1 t'Y • . !x, � �i,�M- .� .;.y J .;.�1� r ... 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ONINO NOTICEvN In 'accordance - with the South' Burlington IZoning, Regulations. and Chapter 117, Title 24 N.S.A. the --South "Burlington:: Zoning Board of Adjustment will hold a ppublic hearing at the South Bur 'lington: Municipal Offices, Con- ference Room, 575 Dorset -Street, South Burlington, Vermont on Monday, March9, 1987, at 7:00 P.M. to consider the follow- ing: . 01 Appeal of Rinald & Beatrice Precourt seekingg a variance, from 3action:.- 18.00I Area, density.' and dimensional to. "quirements and 19.002 alto r- t=.ations< to non-comp)yying structures of the South Burling- ton Regulations.. Request is for ^: permission to construct a 30' x 80" oddition to within seven (7) feet of the side yard to a buildingthat is non -complying to dimensional requirements, located at 1174 Williston. Road.; #2 Appeal of Burlington Interna- tional Airport seeking a vari ance, from Section... 18.112, Height' of structure of the South Burlington Regulations. Request is for 'permission to construct a air' traffic control facility (9,600 square feet) with a 90 foot control tower which exceeds the height limi. tations at the Burlington Inter- national Airport located on Airport Drive. - #3 Appeal of Joseph Kelley seek- " irg a approval, from Section 13.20, Conditional uses, Sub- section 13.205 for automobile repair and service and 19.652, Conditional use Ap- proval for multiple use of structure of the South Burling- ton Regulations. Request is for permission to occupy 24' x 32' garage -storage building, for automotive repair in conjunc- tion with truck terminal/sto- rage facility at 80 Ethan Allen Drive. Richard Ward Zoning Administrative Officer 'ebrvary 21, 1987, ,� �' �,.., , y+,�r'/1�► row.•., �G.�G�-,�. �.- �i��.�. � w F.reMa February 27, 1987 Mr. Joseph Kelley 1519 Williston Road South Burlington, Vermont 05403 Re: 80 Ethan Allen Road Dear Mr. Kelley: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Hall Conference Room, 575 Dorset Street on Monday, March 9, 1987 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp NOTICE OF APPEAL SOUT11 BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Name, address of property owner Property location and description I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date Signature of Appellant Do not write below this line ----------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on , , at (day of week to consider the following: Appeal of seeking a , month and date time from Section , f a�1r ��r'tr4k' .t�tr� tfPr L f.of the South * jk� ! 1 Burlington Regulations. Request is for permission to 0C.�'�� NOTICE Or APPEAL SOUT11 BUf:LINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Joseph Kelley, 1519 Williston Rc).ad, _ South Burlington, VT, 863-2900 Name, address of property owner Property location .and description SAME �v✓ d'/Il/Tie I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date Signature f Appe�Lan -----Do-not write -below this line ----------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on at (day of week) (month and date) time to consider the following: Appeal of J 6� seeking a , from Se6tion of the South Burlington Regulations. Request is for permission to WIENER & OLENICK, P.C. ATTORNEYS -AT -LAW P. O. BOX 433 70 CHERRY STREET BURLINGTON, VERMONT 05402 (802) 863-1836 MARC E. WIENER DAVID T. OLENICK ALICE N. OLENICK DATE: January 30, 1987 FROM: Wiener & Olenick, P.C. TO: South Burlington Zoning SUBJECT: JOSEPH & MURIEL KELLEY WAITSFIELD OFFICE P. 0. BOX 25 WAITSFIELD, VT 05673 (802) 496-2267 Reply to Burlington Office Enclosed please find original Notice of Appeal in this matter. February 10, 1987 Attorney Richard Spokes P.O. Box 986 Burlington, Vermont 05401 Re: Kelley zoning appeal Dear Dick: Enclosed please find copies of a zoning appeal. The Zoning Board denied the request back in August of 1986. They gave Mr. Kelley until February 1, 1987 to terminate the residential use of the property. (by the way, the residential use was never granted, Mr. Kelley was in violation) Yesterday, the Board denied a request to extend the use until June (see letter from Attorney Wiener). Be further advised that a second violation exist that one will be heard by the Board in March. We may have to proceed with legal action in order to stop Mr. Kelley. In any case please contact Attorney Wiener. Thanks for your assistance. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp February 10, 1987 Attorney Mark Wiener P.O. Box 433 Burlington, Vermont 05401 Re: Kelley appeal Dear Attorney Weiner: Be advised that the Zoning Board of Adjustment denied the request of Mr. Joseph Kelley for a extension allowing for residential use of the property at 80 Ethan Allen Drive. There is no grace period involved, the use must terminate as of February 1, 1987. This matey will be turned over to the City Attorney Richard Spokes for whatever action he deems necessary. Thank you for your co-operation in this matter,. Very truly, Richard Ward, Zoning Administrative officer RW/mcp -2- Mr. Thibault said that we have never made that a real issue as long as it's going to improve the property. Mr. Ward said that what could happen like on Patchen Road the whole area is zoned R-4. Harrington Bros. wouldn't have had to come before the board if they had come up with a current appraisal. Mr. Dinklage said I would like to accept Mr. Condos'appraised value tonight but I would also like to re -enforce Mr. Ward's position that we should accept city records. Mr. Ward said if someone wants to take the time to get a current appraisal they don't have to come before the zoning board. It would have to be a bona fide appraisal. If someone knows what they have to do to get around that 25% rule they will not come before the board. There was some discussion as to the wording in section 19.002 which will be discussed further. Mr. Dinklage moved that this board accept the fair market value appraisal provided by Mr Condos in the amount of $82,500 as the fair market value of the house thereby eliminating the necessity of this board hearing Mr. Condos's request. This was seconded by Mr. Thibault and all voted aye. Mr. Graf asked who polices the proposed cost of $22,000 for improvements. Mr. Condos replied that it could also cost less than $18.000. Mr. Dinklage asked what part applies to the existing facades and exterior. Mr. Condos said that the roof has to come off and has to be replaced, as Mr. Blais has shown on his appraisal, and part of the construction is to alleviate a problem which already exists. Mr. Dinklage said he would be comfortable to accept this. Mr. Condos advised the board that the addition listed as 32' x 36'will only be 24' x 32'. Mr. Dinklage moved that the motion be amended by adding the requirement that the addition comply with the plans submitted by the appealant, Mr. Condos, recognizing that per his testimony some of the cost involves structural repair to the roof. This was seconded by Mr. Thibault and all voted aye. Mr. Condos submitted a letter of recommendation from his neighbors, also the current fair market value appraisal. The appeal was approved unanimously. No 2 Appeal of Joseph and Muriel Kelly Appeal of Joseph and Muriel Kelly seeking a variance from Section 13.10 permitted uses and Section 19.65 Multiple uses, request is for permission to occupy an existing residential unit, in conjunction with an industrial use, previously approved for Berard Construction on September 10, 1984, located at 80 Ethan Allen Drive. Q -3- Mr. Ward said the area is zoned I-C. Section 13.10 permitted uses - variance granted September 10, 1984 to Rene and Randy Berard for construction of a 4000 square foot building with 1200 square feet being for residential use. See minutes regarding variance stipulation that the residence be used only by the immediate family of Mr. Berard. Area in question to be converted to office space. Mr. Kelly purchased this property and his employee has continued to occupy this unit and has been placed on notice. Mr. Dinklage asked when someone buys a piece of property that is non -conforming what are the buyer's obligations. This is a residence in an industrial zone. Mr. Ward said he didn't know if there was any obligation. We have a notice for searches - some come to see us about this. M. Wiener, representing Mr. Kelly, said that the building was used as a residence for Mr. Berard and Mr. Kelly has an employee who would like to continue residing in that apartment. We don't think the circumstances have changed - this is a situation that's non -conforming and existed previously and the conditions are still the same as previously. Mr. Dinklage asked if Mr. Kelly occupies part of the building for his own business and rents the apartment to his employee. Mr. Wiener said that Mr. Kelly has indicated that he would like to keep it a residence for another two years - there isn't a specific time frame. Mr. Graf asked if it would ultimately be considered part of the business . rather that a residence and if it was still the intent of the owner to make that an office. Mr. Blais asked Mr. Kelly if this board were to limit the residential for a maximum of two years would that be accepted non -verbatim. Mr. Kelly agreed to this. Mr. Dinklage said that the long term interest is to prevent residential in an industrial area. Mr. Belt;,r said he owns all the property around this area and they have approved 29 i,,ts right now, 19 have been sold but they are not all built. They also have 25 or 30 more industrial lots and it is very important to them to maintain the area as an industrial area especially where this one is located. We didn't object to the idea that Randy Berard have a residence there because he wasn't going to be there for any length of time. It was made perfectly clear to Mr. Kelly before he purchased the property that there was not to be any residential use of that building. Mr. Dinklage asked Mr. Belter to be more specific. Mr. Belter said this was made clear by the realtor, Rene Berard, and I told him myself - before any people moved in there you were told Mr. Kelly. I also sold Mr. Kelly the lot adjoining this one. Alan Berard tried to do the same thing and it was denied. It's not good for us to market these lots for industrial because there are a lot of children there now. I think they should come before the board before they violated the law. Mr. Blais asked Mr. Belter if this was something he could live with for two years and Mr. Belter said I don't think two years at all he was told we were going to start selling lots all around there for industrial use - two years from now is a long time. Mr. Kelly said he never spoke to Mr. Belter before he bought the house. -4- Mr. Dinklage asked Mr. Kelly - why do you think this board should allow this? If this board decided to terminate the use of this property what do you think is a reasonable time to stop the use of this property? Mr. Wiener said that the landlord/tenant act would require 60 days. Mr. Dinklage asked if Mr. Kelly had a lease with his tenant and Mr. Kelly replied that he didn't. Mr. Blais asked if July 1987 would be reasonable. Mr. Belter said it's already gone six months now. Mr. Boehm said that it seems that the only thing that will change in a year or two is just the tenant. Mr. Graf said if we're going to not allow residential in that area, I think within a six month period he should find another place to live. Mr. Graf made a motion that we would allow the condition to exist for a period not to exceed January 1, 1987 after which it will revert back to its commercial/industrial use only. This was seconded by Mr. Thibault and all voted aye. Mr. Wiener said he appreciated the time frame and understood what the board was saying but he thought it would be difficult to move around the first of the year. There was a discussion about the date and Mr. Graf moved to amend my proposal to February 1, 1987. This was seconded by Mr. Thibault and all voted aye. Mr. Graf said the condition referred to is the residential portion of the appeal. Mr. Dinklage said motion is made that the hearing is closed. This was seconded by Mr. King and all voted aye. Mr. Dinklage - I would like to move that if this appeal is denied that the Zoninv Board instruct the Zoninz Administrator to notify Mr. Kelly and his tenant that thev have until February 1. 1987 to terminate any residential use of the property at 80 Ethan Allen Drive. This was seconded by Mr. Thibault and all voted aye. The appeal was denied on 7-0 vote. No. 3 Appeal of Donald Pierce, Jr. Appeal of Donald Pierce, Jr., seeking a variance from Section 18.00 Dimensional requirements, request is for permission to construct a 5' x 1207" addition to within twenty-five (25) feet of the required front yard, at 40 Sunset Avenue. Mr. Ward said this area is zoned R-4 Section 18.00 dimensional requirements, minimum setback 30 feet, proposed setback 25 feet. Proposed addition 5' x 12'7" addition to bedroom. Mr. Pierce said that the addition proposed is quite similar to a Cape Cod house and there are several other houses in the neighborhood who violate the 30 feet minimum setback. The proposal is just for the 5 feet addition - the proposal is to make an existing bedroom larger. KELLY, Joseph 80 Ethan Allen Drive Area zoned I-C District Section 13.10 Permitted uses - *variance granted September 10, 1084 to Rene and Randy Berard for construction of a 4000 square foot building with 1200 square feet being for residential use. See minutes regarding variance *stipulation "-that the residence be used only by the immediate family of Mr. Berard" area in question to be converted to office space (.� ate- � ��,�► .� - (✓ �'�-��c-� NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Joseph & Muriel Ke1Ly - 1519 Williston Road South Burlington,VT 05401 Name, address of property owner Same Property location and description Lot #5, Ethan Allen Drive So. Burlington, VT 05401 I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearin Date Signature of Appellant g Marc E. Wiener, Esq. Do_n�otwrite_below this line Attorney_for_ Applicant__=___- ---------------------_------------ SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on _ at (day of week) (tionth and date) time to consider the following: r Appeal of Joseph & Muriel Kell seeking a variance , from Section 13.10 Permitted uses of the South Burlington Regulations. Request is for permission to aso Qf the pFe&eRt apaftmen-t ,h wh1x L__Ls _f.a.rm.e_r_ly _occupied. by .. :. - - --,4n t . r9-e-- C� .�t✓-G,Gdt. �L1�2 c r �, .F t'� ' „..G-z•+._. _.-•a:...-f�.�.j//,.c.�:-... �.T �.,�,,�., �✓� `F�._ ,,'2� e.s�t-® ��. lrt.el1 / �. .t.a-'�-C,..� --4c..,dJyr U' it?�. ems. r c .✓ v1 i'y+ zi;, WIENER & OLENICK, P.C. ATTORNEYS -AT -LAW P. O. BOX 433 70 CHERRY STREET BURLINGTON, VERMONT 05402 (802) 863-1836 MARC E. WIENER DAVID T. OLENICK ALICE N. OLENICK February 2, 1987 Mr. Richard Ward Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: JOSEPH KELLEY LOT Ethan Allen Drive, South Burlington Dear Mr. Ward: WAITSFIELD OFFICE P. 0. BOX 25 WAITSFIELD, VT 05673 (802) 496-2267 Reply to Burlington Office Please consider this letter as a request to the Zoning Board of Adjustment for an extension to allow occupancy of the apartment on the premises by the present tenants through June of 1987. The present tenants have indicated to Joe that they have had difficulty finding new quarters, and thus the need for this request. If a hearing is required before the Board of Adjustment, please let me know the hearing date. For your reference I will be out of town from February 13 through the 23rd. V tru y yours, M C WI ER, MEW:sam City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 December 30, 1986 Mr. Joseph Kelley Kelco Disposal, Inc. P.O. Box 2391 South Burlington, Vermont 05403 ZONING ADMINISTRATOR 658-7958 Re: Termination of residential use at 80 Ethan Allen Drive Dear Mr. Kelley: This is to inform you that the residential use of your property must be terminated by February 1, 1987. The use of the area of the building in question may be used as office area. Any other use of the area in question will require multiple use approval by the Zoning Board of Adjustment. This office must verify that the residential use has been terminated, please contact me at 658-7955 in order to arrange an on -site inspection. If you have any questions feel free to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp Certified letter #P 161 791 104 August 12, 1986 Mr. Joseph Kelly 1519 Williston Road South Burlington, Vermont 05401 Re: 80 Ethan Allen Drive Dear Mr. Kelly: Be advised that your request before the Zoning Board of Adjustment to continue use of the property at 80 Ethan Allen Drive as a residential dwelling has been denied. The Board conditioned their actions with an order that you and your tenant will have until February 1, 1987 to terminate any residential use of the property and that it revert back to the office use originally proposed for the property by Mr. Berard. If you have any questions pertaining to this matter please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp Certified letter # P 161 791 102 July 28, 1986 Mr. Joseph Kelly 1519 Williston Road South Burlington, Vermont 05401 Dear Mr. Kelly: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the Municipal Offices, Conference Room, 575 Dorset Street on Monday, August 11, 1986 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative officer RW/mcp SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117. Title 24 V.S.A. the South Burlington Board of Zoning will holdna 5lic hearing at the South Bur - On Municipal Offices, Can_ nce Room, 575 Dorset Street, South Burlington, Vermont on Monday, August 11, 1986, at 5:00 P.M. to consider the follow- ng: #I- Appeal of James and Cyn- thia Condos seeking a vari- i ante, from Section 19,D0, Non- complyingg structures, sub section 19.001, altera- tions of the South Burlington Rogulations. Request is for Permission to construct o sec- ond story 32' x 36' addition to a dwelling which is non- complying to dimensional re- quirements, located at 23 Victoria Drive. M2. Apreol of 'Joseph & Muriel I Kely seeking a voriance, .Section 13.10. Per - miffed uses and Section 19.65 Multiple uses of the South Budington Regulations. Request is for permission to occupy on existing residential unit, in coniunction with an industrial use, previously ap- proved for Berard Construc- . lion on September 10, 1984, located at 80 Ethon Allen Drive. 03. Appear of Donald Pierce, Jr. seekingg o variance, from Sec_ lion 18.00, Dimensional re- quirements of the South Burlington Regulations. Re- quest 1$ for permission to con- struct a 5' x 12'7" addition to within twenty-five (25) feet of the required front yard, at 40 Sunset Avenue. 1.4- Appeal of Peter Linton seek- ingg a variance, from Section 18-00, Dimensional require - of the South Burlington regulations. Request is for permission to construct a 14' x 30' deck to within zero (0) feet of the southerly side yard, at 237 $pear Street. M5. Appeal of John and Borbara Finnigan seeking a voriance, from Section 18. 102, Dimen- swnal requirements of the South Burlington regulations. Request is for permission to construct a 18' x 22' garogge and mudroom to within eigh- teen 1181 feet of the required setback, at 35 Dubois Drive. Richard Word Zoning Adminstrative Officer July 26, 1986. ^entNANCE May 28, 1986 Mr. Joseph P. Kelley 1519 Williston Road South Burlington, Vermont 05401 Re: Lot #5 Ethan Allen Drive Dear Joe: This letter will confirm our conversation regarding the use of your Ethan Allen Drive property for residential purpose. In September 1984 Rene and Randy Berard were granted a variance to use a portion of the building as a residential unit. This variance was granted with a stipulation that the residence be used only by the immediate family of Mr. Berard. The area is zoned Industrial -Commercial District and prohibits residential. Your use of the property for residential is therefore prohibited, the property must be occupied for office use only. We request your co-operation in this matter, your failure to comply within ten (10) days from receipt of this letter will result in legal action by the City. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp Certified letter #P 161 791 100 page 3 EVING BOARD OF AD TUSTMETIT SFPTEMBER 10, 1984 Nr. Yard stated the area is zoned G-1. Under Section 11.10 Permitted uses, moidential is prohibited. The existing structure is now a two family unit. A variance is needed under Section 19.61 Multiple uses for a residential unit and a professional office. The apartment will be 906 square feet and the office area. 1612 square feet. ;dagner who is a Geoligist said the office space was for his use. There wouli be no external change tb they* building. He said most of their work was done to the field and the only use of the building; would be for storing some samples and writing up reports. He also :stated their would be no chemicals or explosives stored in the building. Mr. ;Oi.nklage made motion if approved the space be used only for, the pupose of bho Geoligist. Mr. King seconded the motion. These motions were wi.thdr—n because it was pointed out the area - is a commercial zone and the proffessiona.l office was appropriate for the area. TL was also pointed out the apartment wculd only be there until the existing tenant could find a place to live. There was no one in the audience for or against the proposal. The appeal was granted on a unanimous vote, 10. 5 Appeal of ?gene J . Berard Appeal of Rene J. Berard seeking a variance from Section 13.10, Permitted. uses and Section 19.65, Multiple uses, .request is for permission to construct. a 4000 square foot structure, occupying 1200 square feet as a residential 1m it and. 2800 square feet for a construction business, on lot 45, 7than Allen eve . Mr.. ;lard stated the area is coned I-C. Section 13.10 Permitted uses - sub- gecti.on 13.108 permits the contractor's ,yard, but prohibits the residential use. The proposed building; is 40' x 100' of which 1200 square feet will be nwed as a residential unit and 2800 square feet will be a construction office. This will be; on Lot J5, the first to be developed of an 8 lot subdivision, except for the existing Berard Construction building a residence on lot .17. Yr. Ward said the area has recently been zoned. I-C because of the .Airport. It has been zoned resiential, .flood plain and agricultural. Mr. Berard said the residence is for his son Randy who will be taking over the construction. business. He can not afford at this time to take over the business and build a home. His future plan is to convert the residence into office ;:pace. Mr.. Dinklage made a motion if approved that the residence be used only by the immediate family of Mr. Berard. Mr. ^_'ribault seconded the motion. All were in favor. The appeal was granted on a unanimous vote. Fr. 'Thibaul.t made a motion the minutes of the August 27, 1984 meeting be approved. Mr. Graff seconded the motion. All were in favor. "°r. Blaic brought t.n the attention of the board several_ variances which the board denied were using their dwellin6s for purposes denied by the Zoning Poa& . A chicks a farm which was denied on Xirby Road is still in existence A taxi bus_i.n.es: also ,on Kirby load and later moved to another location did uh jrt Zoning npproval . Two antique bul lnesres, one. on White street .and 01P ON 9orr t nL _.et. .acre deviel approval but mill exist. WIENER & OLENICK ATTORNEYS -AT -LAW R O. BOX 433 70 CHERRY STREET BURLINGTON, VERMONT 05402 (802) 863-1836 MARC E. WIENER DAVID T. OLENICK ALICE N. OLENICK MARJORIE D. LISSOR DATE: July 14, 1986 FROM: Marc E. Wiener, Esq. TO: South Burlington Zoning Board =4: Richard Ward SUBJECT: JOSEPH & MURIEL KELLY WAITSFIELD OFFICE. P. O. BOX 25 WAITSFIELD, VT 05673 (802) 496-2267 Reply to Burlington Office Enclosed please find Notice of Appeal along with my check for $30.00. Please schedule this matter for hearing at your earliest convenience. cc: Joseph & Muriel Kelly .2 00.