HomeMy WebLinkAboutBATCH - Supplemental - 0081 Ethan Allen Drive— �Uf
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VERMONT Application for Addition to the Checklist (VT VOTER REGISTRATION FORM)
17 V.S.A. § 2145 (Please print clearly, use ballpoint pen, and bear down hard.)
I, P15 6 Z t >J C 5 ( apply to have my name
(Last Name) (First Name (Middle Initial)
added to the checklist of the Town/City of S O . u v' /wtC -�
By checkin the boxes below, I swear or affirm that these ar rue statements:
l?es ❑ No Are you a citizen of the United States?
Vl�es ❑ No Will you be eighteen years of age or older on or before the day of election?
CIes ❑ No Are you a resident of Vermont?
If you checked "No" in response to any of the three questions above, DO NOT complete this form. You are not
qualified to vote in Vermont. Contact the Office of the Secretary of State, Elections Division, for more information at (800) 439-8683.
ONLY if you are registering to vote for the I't time in Vermont, AND you are mailing this application to your town clerk
individually, you must submit a photocopy of one of the following: current & valid photo identification OR bank statement, utility bill, or
government document with your name and current address. (Do not submit I.D. if you have been previously registered in VT, if this
form is submitted as part of a voter registration drive, or if you return this form to the clerk's office in person.)
I was born on AD rr .?/ Zqyq at A(US tC G
ate) ((Town or City) .- (State) _
Mailing Address: }� „7,,2 (y �; Sp , aurl�uXi JS�/D Tel #: g02
My principal dwelling is loc ed at,:
Rf rfha" AXn Mye, So, �iur/jvl��Dn V7-
(E911 street address including number or exact physical lelcation, if no E911 address)
The last address I was registered to vote under was:
(Physical location — include number, street, town, state and zip code)
By registering to vote in the above named town in Vermont, I authorize my name to be removed from the list of registered voters in any
previous place where I was registered to vote. I was registered in the past under a different last name of:
By checking the boxes, I swear or affirm that these are true statements:
VI am a resident of the Town or City of,50. ur /!G ' AND
12/I have taken the Voter's Oath (see attestation below f r new VT voters).
My VT Driver's License or Personal I.D. # (PID#) issued by VT DMV is -3l 3 N 3 G W This # is REQUIRED.
❑ I swear or affirm under penalty of perjury and other potential federal or state criminal penalties of up to a $10,000 fine, or
imprisonment for not more than fifteen years, or both, that I do not have a VT Drivers License or PID# issued by VT DMV.
(17 V.S.A. § 2145(f); 17 V.S.A. § 2011; 42 U.S.C. § 1973gg-10.) IF you do not have a VT Driver's License or PID# issued by VT
DMV, check the box above and enter the last 4 digits of your Social Security Number: If you do not have a VT PID#, or
SSN, please contact the Office of the Secretary of State, Elections Division, (800)439-8683.
I meet all of the eligibility requirements to vote in this municipality. I hereby swear, or affirm, under penalty of perjury
and other potential federal or state criminal penalties of up to a $10,000 fine, or imprisonment for not more than fifteen years, or
both, that the statements made by me in this application are true. (17 V.S.A. § 2145 f); 17 V.S. § 11; 42 U.S.C. § 1973gg-10).
d(*6t-r- -4 d 0 /6)
Today's Date Applicant's Si ature
VOTER'S OATH (Vermont Constitution, Chapter II, Section 42): "You solemnly swear or affirm that whenever you give your vote or
suffrage, touching any matter that concerns the State of Vermont, you will do it so as in your conscience you shall judge will
most conduce to the best good of the same, as established by the Constitution, without fear or favor of any person."
First time voters in Vermont must take the voter's oath. The person administering the oath (Town Clerk, Justice of the
Peace, Notary Public, Commissioned Military Officer, or any person over 18) or the applicant must sign the certification below.
I hereby certify that on the_ day of , 20_, ❑ I administered the Voter's Oath to the applicant, or .
❑ I, the applicant, took the oath myself. Any person over 18 or the applicant can sign to attest that the oath was taken.
(Check box above & sign.) Attestation:
Signature of Attester
FOR OFFICIAL USE: ❑ The Town Clerk OR ❑the BCA has reviewed the application AND the applicant ❑ was added to the checklist.
The applicant's usual polling place is: OR the applicant was rejected and NOT
added to the checklist. The reason(s) for rejection are:
Signature of town clerk:
Date Entered on Checklist: Date Notification Sent to Voter: Date Approved:
KEEP THE PINK COPY OF THIS APPLICATION FORM. Contact your Town Clerk to make sure your application has been received.
Bring pink copy to the polls when you go to vote. This is proof you have submitted an application before the deadline for registration_
[SOS-VR-7/01/20081
K.P. SMITH TENANTS
81 Ethan Allen Drive
August, 2005
Space
Tenant
Sq.Ft.
Parking
Employees
Use
Office Down
Vacant
1200
Office Up
K.P. Smith
1200
3
2
Contractor
WHS i
K.P. Smith
1500
3
0
Contractor
WHS2
K.P. Smith
1500
3
0
Contractor
WHS 3
Green Mountain Auto Glass
1500
3
1
Auto Glass Replacement
WHS 4
SEC
1500
3
3
Electronics Manufacturer
Office Up
SEC
750
1
1
Electronics Manufacturer
Office Up
Polleggi
750
1
1
Author
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & 'ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
September 28, 2005
Kenneth P. Smith
81 Ethan Allen Drive
South Burlington, VT 05403
Re: 81 Ethan Allen Drive
Dear Mr. Smith:
Enclosed, please find a copy of the Findings of Fact and Decision of the above
referenced project approved by the South Burlington Administrative Officer on
9/28/05 (effective 9/28/05).
If you have any questions, please contact me.
Sincerely,
Betsy cDonough
Planning & Zoning Assistant
Encl.
Permit Number SP- —
CITE' OF SOUTH BURLINGTON
APPLICATION FOR SITE PLAN REVIEW
All information requested on this application must be completed in full. Failure to provide the requested
information either on this application form or on the site plan will result in your application being
rejected and a delay in the review before the Development Review Board.
1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #)
._.���+�-i�i /�' �► r'YT✓ �i'� %.✓�".Oiy �If u�6ar �da , Some i �urc.[+a��rb,u +✓�—
2) LOCATION OF LAST RECORDED DEED (Book and page #)
3) APPLICANT (Name, mailing address, phone and fax #)
c--
4) CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address,
phone & fax #):
5) PROJECT STREET ADDRESS: el
6) TAX PARCEL ID # (can be obtained at Assessor's Office
7) PROJECT DESCRIPTION
a) Existing Uses on
-�M
b) Proposed Uses on
remain) _1 `c
de1scription and size of each separate use
�
and size of each new use and existing uses to
c) Total building square footage on property (proposed buildings and existing buildings to remain)
d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify
if basement and mezzanine) 7.,01 Z.-xZ4W,,-,,a r
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 -office
employees): 57c a X77;ocov ro Ce k -'
g) Other (list any other information pertinent to this application not specifically requested above,
please note if Overlay Districts are applicable):
8) LOT COVERAGE Total Parcel Size: yi yu& Sq. Ft.
a) Building: Existing __/ 7, Y % /
Proposed /g Z % /
sq. ft.
sq. ft.
b) Overall impervious coverage (building, parking, outside storage, etc)
Existing GS; Z % / sq. ft.
Proposed_,;��_% / sq. ft.
c) Front yard (along each`&9600aq.Axisting / , 7 % / sq. ft. �PNAA., /+44Z>.A.
&IrrWdill roposed nG_ % sq. ft. �Alic
d) Total area to be disturbed during construction (sq. ft.) __ 91,
* 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): $ /&Nv• e''
b) Landscaping
c) Other site improvements (please list with cost):
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):
11) PEAK HOURS OF OPERATION:
2
12) PEAK DAYS OF OPERATION:
13) ESTIMATED PROJECT COMPLETION DATE: P19' • 3i { Zzx-;'.S
14) ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a
street or right-of-way. You may use a separate sheet if necessary)
10're—m 4sAd (jc,M—LO / 3E',v0,jP---PL4,w-rs.WL. —,fA s7--
[,.,,07'7 — SuuTrj
15) SITE PLAN AND FEE
A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5)
regular size copies and one reduced copy (I I" x 17") of the site plan must be submitted. A site plan
application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit
A).
N
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
S GNATURE PROPERTY OWNER
Do not write below this line
DATE OF SUBMISSION: 6 G�
REVIEW AUTHORITY: ❑ Development Review Board /DjiAin n n i n g & in
I have reviewed this site plan application and find it to be:
F� Complete ❑ Incomplete
J
of Planning & Zoning or Designee Date
0
EXHIBIT A
SITE PLAN
The following information must be shown on the site plan. Please submit five (5) copies and one
reduced copy (11" x 17") of the site plan. Failure to provide the following information will result in
your application being rejected and a delay in the review before the Development Review Board.
o Lot drawn to scale (20 feet scale if possible)
o Survey data (distance and acreage)
o Contours (existing and finished)
o Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the
zoning regulations
o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping
o Existing and proposed curb cuts, pavement, walkways
o Zoning boundaries
o Number and location of parking spaces (as required under Section 26.25 of the zoning
regulations)
o Number and location of handicapped spaces (as required under Section 26.253(a) of the zoning
regulations)
o Location of septic tanks (if applicable)
o Location of any easements
o Lot coverage information: Building footprint, total lot, and front yard
• North arrow
o Name of person or firm preparing site plan and date
o Exterior lighting details (cut sheets). All lights should be down casting and shielded.
o Dumpster locations (dumpsters must be screened)
o Bicycle rack as required under Section 26.253(b) of the zoning regulations
o If Restaurant is proposed, provide number seats and square footage of floor area provided for
patron use but not containing fixed seats
APPLICATION FEE
❑ Site Plan $ 185*
❑ Amended Site Plan $ 185*
❑ Administrative Site Plan $ 85*
* Includes $10.00 recording fee
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
May 11, 1999
Kenneth P. Smith
81 Ethan Allen Drive
South Burlington, Vermont 05403
Re: Multiple Use Reapproval
Dear Mr. Smith:
Enclosed is a copy of the Findings of Fact and Decis-ion on the above referenced project approved
by the Director of Planning & Zoning on May 7, 1999. Please note the conditions of approval
including the requirement that a zoning permit be obtained within six (6) months or this approval is
null and void.
If you have any questions, please give me a call.
Weith, Director
ming and Zoning
JW/mcp
1 Encl
Aug-24-05 03 s 23P Kenn~+.h P . Smith
(802N 665-4826 P.01
I
K.P. SMITH TENANTS
S 1 Ethan Allen Dr -awe
August, 2005
Space
Tenant
Sq-Ft.
Parking
EnwioyeCs
4Ie
office Dewn
Vacant
1200
Office Up
K.P. Smith
1200
3
2
Contractor
1X/HS i
K-P. Smith
1500
3
O
Contractor
v/HS2
K p. Smith
1500
3
a
Contrarto►
VMS 3
Green Mountain Auto Glass
1500
3
1
Auto Glass Replacement
VMS 4
SEC
1500
3
3
Electronics Manufacturer
Office tip
SEC
750
1
1
Electronics Manufacturer
Office Up
Polleggi
7So
1
1
Author
Post -it" Fax Mcte aJl
— n/ L%lr11 Puff:;' y
To
F,•4orn
! t+.
ae�c
Phcra Il
CITY OF SOUTH BURLINGTON
APPLICATION FOR
SITE PLAN REVIEW
All information requested on this application must be completed in full. Failure to provide the
requested information either on this application form or on the site plan will result in your
application being rejected and a delay in the review before the Planning Commission.
1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #)
11-:156 S- 3604 (✓) f 6S- yezc 6�k )
2) APPLICANT (Name, mailing address, phone and fax #)�
3) CONTACT PERSON (Name, mailing address, phone and fax #) _>14 c
4) PROJECT STREET ADDRESS:/ '71.�I•J /��� �w�u� % %'.��
�� 1 �16?
5) TAX MAP NUMBER (can be obtained at Assessor's Office)
6) PROJECT DESCRIPTION 161 000 `t' 1AI&z- i use
a) Existing Uses on Property (including description and size of each separate use)
/5� 7ZZ.
b) Proposed Uses (include description and size of each new use and existing uses to
remain) lS. 7
c) Total building square footage (proposed buildings and existing buildings to remain) —
d) Height of building & number of floors (proposed buildings and existing buildings to
remain, specify if basement and mezzanine)
e) Number of residential units (if applicable, new units and existing units to remain)
f) Number of employees (existing and proposed): Zo - 35 '"AA
7 t,') 6?A
g) Other (list any other information pertinent to this application not specifically requested
above):
7) LOT COVERAGE
a) Building: Existing %%, y % Proposed %
b) Overall (building, parking, outside storage, etc)
Existing 65. % Proposed
c) Front yard (along each street) Existing ". Z %
8) COST ESTIMATES
a) Building: $ /11'4
b) Landscaping: $ /i
c) Other site improvements (please list with cost):
9) ESTIMATED TRAFFIC
a) Average daily traffic (in and out):
b) A.M. Peak hour (in and out):
c) P.M. Peak hour (In and out):
10) PEAK HOURS OF OPERATION:
11) PEAK DAYS OF OPERATION:
12) ESTIMATED PROJECT COMPLETION DATE:
13) SITE PLAN AND FEE
Proposed %
A site plan shall be submitted which shows the information listed on Exhibit A attached. Five
(5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A
site plan application fee shall be paid to the City at the time of submitting the site plan
application (see Exhibit A).
I hereby certify that all the information requested as part of this application has been
submitted and is accurate to the best of„my knowledge.
SIGNATORt OF APPLICANT
DATE OF SUBMISSION
REVIEW AUTHORITY
SIGNATURE OF CO -APPLICANT
Do not write below this line
❑ Planning Commission ❑ Director, Planning & Zoning
I have reviewed this site plan application and find it to be:
(Apfrmsp)
0 Complete
® Incomplete
Director of Planning & Zoning or Designee Date
EXHIBIT A
SITE PLAN
The following information must be shown on the site plan. Please submit five (5) copies and
one reduced copy (11" x 17") of the site plan. Failure to provide the following information will
result in your application being rejected and a delay in the review before the Planning
Commission.
• Lot drawn to scale (20 feet scale if possible)
• Survey data (distance and acreage)
• Contours (existing and finished)
• Proposed landscaping schedule (number, variety and size) as required in Section
26.105 of the zoning regulations
• Location of streets, abutting properties, fire hydrants, existing buildings, existing
landscaping
• Existing and proposed curb cuts, pavement, walkways
• Zoning boundaries
• Number and location of parking spaces (as required under Section 26.25 of the zoning
regulations)
• Number and location of handicapped spaces (as required under Section 26.253(a) of
the zoning regulations)
• Location of septic tanks (if applicable)
• Location of any easements
• Lot coverage information: Building footprint, total lot, and front yard
• North arrow
• Name of person or firm preparing site plan and date
• Exterior lighting details (must be down casting and shielded)
• Dumpster locations (dumpsters must be screened)
• Bicycle rack as required under Section 26.253(b) of the zoning regulations
• If Restaurant is proposed, provide number seats and square footage of floor area
provided for patron use but not containing fixed seats
APPLICATION FEE
® New Application $ 60.00*
EJ Amendment $ 35.00*
* Includes $10.00 recording fee
(Apfrmsp)
A/1
CITY OF SOUTH BURLINGTON
APPLICATION FOR
SITE PLAN REVIEW
All information requested on this application must be completed in full. Failure to provide the
requested information either on this application form or on the site plan will result in your
application being rejected and a delay in the review before the Planning Commission"
1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #)
ciur�T�l Jirr V7—
���
2) APPLICANT (Name, mailing address, phone and fax #)
3) CONTACT PERSON (Name, mailing address, phone and fax #)
4) PROJECT STREET ADDRESS: e
U � yQ3
5) TAX MAP NUMBER (can be obtained at Assessor's Office)
S) PROJECT DESCRIPTION
al Exi sung Uses on Property (including description and size of each separate use)
I ZZZ-
b) Proposed Uses (include description and size of each new use and existing uses to
remain) �'S /D3 i4Y i0,� y /d 7 ` /,�� ' bS 7�
y � �
c) Total building square footage (proposed buildings and existing buildings to remain) _
d) Height of building & number of floors (proposed buildings and existing buildings to
remain, specify if basement and mezzanine)..w:>
e) Number of residential units (if applicable, new units and existing units to remain)
f) Number of employees (existing and proposed): 40 ( 5�2 rIV, A
C 6 f 1,I fifty - �'t
g) Other (list any other information pertinent to this application not specifically requested
above):
7) LOT COVERAGE
a) Building: Existing / % Proposed %
b) Overall (building, parking, outside storage, etc)
Existing % Proposed %
c) Front yard (along each street) Existing &,, % Proposed
8) COST ESTIMATES ,, /
a) Building: $ N.4
b) Landscaping: $
P
c) Other site improvements (please list with cost):
9) ESTIMATED TRAFFIC
a) Average daily traffic (in and out):
b) A.M. Peak hour (in and out):
c) P.M. Peak hour (In and out):
10) PEAK HOURS OF OPERATION: _ 5r
11) PEAK DAYS OF OPERATION:
12) ESTIMATED PROJECT COMPLETION DATE:
13) SITE PLAN AND FEE
A site plan shall be submitted which shows the information listed on Exhibit A attached. Five
(5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A
site plan application fee shall be paid to the City at the time of submitting the site plan
application (see Exhibit A).
I hereby certify that all the information requested as part of this application has been
submitted and is accurate to the best of my know
SIGNATURE OF APPLICANT
SIGNATURE OF CO -APPLICANT
Do not write below this line
DATE OF SUBMISSION-
REVIEW AUTHORITY- Planning Commission City Planner
I have reviewed this site plan application and find it to be-
Complet ® Incomplete
City Planner or Designee Date
(Apfrmsp)
EXHIBIT A
SITE PLAN
The following information must be shown on the site plan. Please submit five (5) copies and
one reduced copy (11" x 17") of the site plan. Failure to provide the following information will
result in your application being rejected and a delay in the review before the Planning
Commission.
• Lot drawn to scale (20 feet scale if possible)
• Survey data (distance and acreage)
• Contours (existing and finished)
• Proposed landscaping schedule (number, variety and size) as required in Section
26.105 of the zoning regulations
• Location of streets, abutting properties, fire hydrants, existing buildings, existing
landscaping
• Existing and proposed curb cuts, pavement, walkways
• Zoning boundaries
• Number and location of parking spaces (as required under Section 26.25 of the zoning
regulations)
• Number and location of handicapped spaces (as required under Section 26.253(a) of
the zoning regulations)
• Location of septic tanks (if applicable)
• Location of any easements
• Lot coverage information: Building footprint, total lot, and front yard
• North arrow
• Name of person or firm preparing site plan and date
• Exterior lighting details (must be down casting and shielded)
• Dumpster locations (dumpsters must be screened)
• Bicycle rack as required under Section 26.253(b) of the zoning regulations
• If Restaurant is proposed, provide number seats and square footage of floor area
provided for patron use but not containing fixed seats
APPLICATION FEE
E] New Application $ 50.00
Amendment $ 25.00
(Apfrmsp)
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX (802) 658-4748
PLANNING
(802)658-7955
October 22, 1998
Kenneth P. Smith
81 Ethan Allen Drive
South Burlington, Vermont 05403
Re: Multiple Uses, 81 Ethan Allen Drive
Dear Mr. Smith:
ZONING
(802) 658-7958
Enclosed is a copy of the September 1, 1998 Planning Commission meeting minutes. Please note
the conditions of approval including the requirement that a zoning permit be obtained within six (6)
months or this approval is null and void.
If you have any questions, please give me a call.
Weith,
frIvor of Planning & Zoning
JW/mcp
1 Encl
PLANNING COMMISSION 1 SEPTEMBER 1998
8. Site Plan Application of Kenneth P. Smith to amend a previously approved plan for a 10,000 sq.
ft. (7200 sq. ft. on ground floor and 2800 sq. ft. of mezzanine space) for a contractor's business.
The amendment consists of allowing the building to be used for a multiple number of commercial and
industrial uses for a multiple number of tenants, 81 Ethan Allen Drive:
Mr. Smith explained that for some reason the original Planning Com-mission approval did not indicate
multiple uses. It was noticed during a refinancing effort. Mr. Smith said no changes are planned to
the building or exterior.
Mr. Weith noted that the Zoning Board did approve multiple uses.
Ms. Barone moved the Planning Commission approve the site plan an plication of Kenneth P. Smith
to amend a previously approved plan for a 10,000 sa ftbuilding (7200 sg ft on round floor and
2800 sq. ft. of mezzanine space) for a contractor's business The amendment consists of allowing the
building to be used for a multiple number of commercial and industrial uses for a multiple number of
tenants, 81 Ethan Allen Drive as depicted on a plan entitled "Kenneth P. Smith Lot 8 Ethan Allen
Drive So. Burlington Vermont," prepared by Kenneth P. Smithdated 7/24/98 with the following
stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. This approval includes the following uses which are currently permitted in the IC District general
office, medical office light manufacturing; research and testing laboratories; printing bookbinding
publishing and engraving wholesale establishments; warehousing storage and distribution facilities;
contractors' Yards not including retail; equipment service and repair shops not including retail
automobile repair and service educational federal state and municipal facilities • and contractors'
Yards that include retail. If the zoning regulations change so that any of the above uses are no longer
Permitted, then those uses which are no longer permitted shall no longer be approved
3. This approval is conditioned on a maximum of 33 parking spaces and 420 gpd sewer allocation
4. The applicant shall obtain approval from the Director of Planning & Zoning prior to the change of
any tenant in the building The Director of Planning & Zoning shall approve the proposed new tenant
only if the proposed combination of uses fits within the limitations established in stipulation #3 above
In making his determination the Director of Planning & Zoning shall utilize the parking standards
contained in Table 1 of the zoning regulations and sewer flow quantities used by the Vermont Agency
of Natural Resources. If a use is proposed which does not fit clearly within any of these standards
or if a shared parking concept is proposed in order to meet the parking limit the ap nlicant shall obtain
approval from the Planning Commission for the proposed use
10
PLANNING COMMISSION
1 SEPTEMBER 1998
5 Any exterior lighting shall consist of downcasting shielded fixtures Any change to existing lights
shall require approval by the Interim Planning & Zoning Director prior to installation.
6 There shall be no outdoor storage except in the area on the plan designated "storage."
7 The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the
zoning regulations or this approval is null and void.
S The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer
prior to the use of the newly converted space.
9 Any change to the site plan shall require approval by the South Burlington Planning Commission.
Mr. Beaudin seconded the motion which was then passed unanimously.
As there was no further business to come before the Commission, the meeting was adjourned at 10:15
p.m.
Clerk
South Burlington Planning Commission
11
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX (802) 658-4748
PLANNING
(802)658-7955
October 19, 1998
Kenneth P. Smith
81 Ethan Allen Drive
South Burlington, Vermont 05403
Re: Multiple Uses, 81 Ethan Allen Drive
Dear Mr. Smith:
ZONING
(802)658-7958
Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved
by the Planning Commission at their September, 1, 1998 meeting (effective 10113198). Please note
the conditions of approval including the requirement that a zoning permit be obtained within six (6)
months or this approval is null and void.
If you have any questions, please give me a call.
oning
JW/mcp
1 Encl
_�S =5 BALER AN-)EREIN ''. 3PA(1EL _C2 31GU 7"I?c =.'-D_ 13
B. )ier, Anderson & Gr, )el
Joseph P Bauer
Robert H. Anderson"
John C. Gravei
David M Klein"*
Daniel ,V Farnham
August 31, 1998
Attorneys at Law
The Carriage Clause
362 Main Street, PO Box 607
Burlington, Vermont 05402-0607
(802) 863-5538
Fax (802) 864-7779
e-mail: burlbag@together.net
website, http.•,,,,, w,vibix.com/BAG
Raymond Blair
Aset. Citv Planner & Zoning Administrator
South Burlington boning & Planning Office
575 Dorset Street
South Burlington, VT 05403
Re: Kenneth Smith
81 Ethan Allen Drive and
49 Cowmerce Avenue
Dear Raymond:
DC1,1? M. ilyman=..
Thomas C. Nuovo
(?f Counsel
.also adini tcd to (.74 MA
•'.44n admitted in CT & NY
I • aso admired it NY
This will confirm the discussions we had at our recent meeting
concerning the above properties.
with respect to 61 Ethan Allen Drive, the original approvals
are unclear as to the approved uses for the building. The Planning
Commission Findings of Fact relating to the December, 1987 meeting
speak of approval for "a contractors business." The minutes of the
May 22, 1989 meeting of the Zoning Board of Adjustment sneak of a
"request . . . for permission to occupy an existing structure with
a maximum of four uses, i.e. general contractors, wholesale
establishments, storage and distribution facilities." Certificate
of oc:!upency 98.09 refers to eight tenants. These uses have
historically occupied the building for nearly ten years.
Ken Smith has applied to the City of South Burlington Planning
Corn.nission and Zoning Board of Adjustment for multiple uses of the
Property. The applications are intended to bring the existing uses
ir:to conformance whiz the formal=equirements of the South
Burlington Zoning Ordinance. The Zoning Board granted the
application at its meeting held on Monday, August 24, 1998. The
:Manning Commission is scheduled to meet Tuesday, September 1,
1998. We do not expect any difficulty in obtaining the Manning
Commission's approval. The Approvals will not become official;
however, until the Chairman of each body signs a Decision and
Findings of Fact. This is usually not done until three to four
weeps after the actual meeting. The 30 day appeal period does not
begin to accrue until the day of the written decision. Because
there are usually no third parties who participate in either the
,iddido,ut (xlees: 55 JWn SPOCE, vblchester, PT 05446 (602) 879-6M and 10 NorW=d Lane, Worth Hero, VT 05474 (802) 372.6904
_ _?%', 3PLER ANZ-ERI-;0ti _-FAt,EL 3 64 ^-7a =. �. -110-7 0L _ 3 _�
Raymond Blair
Page 2
August 31, 199E
Zoning Board or Planning Commission hearings, an appeal is
extremely unlikely. In tact, there were no third parties who
participated in the Zoning Board hearing. Althcugh t.hsre is no
guarantee that an appeal will not follow, given your experience,
this is extremely unlikely.
With respect to 49 Commerce Avenue, the one remaining
condition necessary for obtaining a permanent certificate of
occupancy tor each of the :.enants is a completion of the
'_andscaping for the building. The City currently has a Bond in the
amount of $15,000 for completion of the landing if Ken does not
complete it. Consequently, there shouldn't be a problem in
obtaining permanent Certificates of Occupancy, the landscaping
simply needs to be completed and Mr. Smith does not complete it,
the city has a bond to complete it.
I would appreciate your signing the enclosed copy of this
letter to indicate your agreement with the above.
Thank you very much for your help. if there are any
questions, please do not hesitate to call me.
Very truly yours,
BAUER, ANDERSON & GRAVEL
Norman C. Smith
NCS/e.t
Enclosure
CC. Mr. Kenneth Smith
This is to verify that the above constitutes an accurate
description of my conversation with Attorney Smith regarding the
above properties.
Dated: August 31 1998
Raymond Blair
Ass-. City Planner &
Zoning Administrator
TOTAL P.03
Ir
8/25/98
MOTION OF APPROVAL
KENNETH P. SMITH
I move the South Burlington Planning Commission approve the site plan application of Kenneth P. Smith
to amend a previously approved plan for a 10,000 square foot building (7200 square feet on ground floor
and 2800 square feet of mezzanine space) for a contractor's business. The amendment consists of
allowing the building to be used for a multiple number of commercial and industrial uses for a multiple
number of tenants, 81 Ethan Allen Drive, as depicted on a plan entitled, "Kenneth P. Smith Lot 8 Ethan
Allen Drive So. Burlington Vermont," prepared by Kenneth P. Smith, dated 7/24/98, with the following
stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect. � ; �F �
2. This approval include the following uses which are currently permitted in the IC District: light
manufacturing; resear;nyts;
and testing laboratories; printing, bookbinding, publishing and engraving;
wholesale establish;ent
warehousing, storage and distribution facilities; contractors' yards not
including retail; equi service and repair shops not including retail; automobile repair and service;
educational facilities;and contractors' yards that include retail. If the zoning regulations change so
that any of the above uses are no longer permitted, then those uses which are no longer permitted
shall no longer be approved.
3. This approval is conditioned on a maximum of 33 parking spaces, and 420 gpd sewer allocation.
4. The applicant shall obtain approval from the Director of Planning & Zoning prior to the change
of any tenant in the building. The Director of Planning & Zoning shall approve the proposed new
tenant only if the proposed combination of uses fits within the limitations established in stipulation
#3 above. In making his determination, the Director of Planning & Zoning shall utilize the parking
standards contained in Table 1 of the zoning regulations, and sewer flow quantities used by the
Vermont Agency of Natural Resources. If a use is proposed which does not fit clearly within any of
these standard, or if a shared parking concept is proposed in order to meet the parking limit, the
applicant shall obtain approval from the Planning Commission for the proposed use.
5. Any exterior lighting shall consist of downcasting shielded fixtures. Any change to existing lights
shall require approval by the City Planner prior to installation.
6. There shall be no outdoor storage except in the area on the plan designated "storage."
7. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of
the zoning regulations or this approval is null and void.
11
3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to the use of the newly converted space.
9. Any change to the site plan shall require approval by the South Burlington Planning Commission.
2
Memorandum - Planning
August 25, 1998 agenda items
August 21, 1998
Page 9
Lot #L Building coverage is 21.6% (maximum allowed is 30%). Overall coverage is 58.9%
(maximum allowed is 70%). Front yard coverage is 46.4% (maximum allowed is 30%). This is an
existing situation which will not be made worse by this application.
Setback requirements will be met from the new property line.
Parking: The parking requirement for each use will be satisfied on its respective lot.
Legal document: Staff recommends that prior to recording the final plat plan a legal document be
recorded which states that this entire development is a PUD and that for zoning and subdivision
purposes both lots are to be treated as one (1) lot (e.g., coverage calculation).
8 ) KENNETH P. SMITH - MULTIPLE USES - SITE PLAN
This project consists of amending a plan previously approved on 12/1/87 for a 10,000 square foot
building (7200 square feet on ground floor and 2800 square feet of mezzanine space) for a
contractor's business. The amendment consists of allowing the building to be used for a multiple
number of commercial and industrial uses for a multiple number of tenants. The ZBA will consider
a request from the applicant for a conditional use permit on 8/24/98.
This property located at 81 Ethan Allen Drive lies within the IC District. It is bounded on the north
by Ethan Allen Drive, on the east and west by industrial and commercial buildings, and on the south
by Commerce Avenue.
The applicant is requesting to use the building for a multiple number of tenants for any of the
permitted and conditional uses listed below. This request is being made with the provision that all
the uses would not require more than 33 parking spaces, and would not generate more than 420 gpd
in sewer demand. The reason for this request is so the applicant can have the flexibility of changing
tenants whose uses fall within the approved sewer, and parking limits without having to return to the
Planning Commission each time. When a use is to be changed, the applicant would contact the
Director of Planning & Zoning and he would review the existing uses and the proposed use to make
certain that it does not exceed the upper limits approved by the Planning Commission.
E7
Memorandum - Planning
August 25, 1998 agenda items
August 21, 1998
Page 10
Uses being requested are as follows:
Permitted Uses
15.103 Light manufacturing
15.104 Research and testing laboratories
15.105 Printing, bookbinding, publishing and engraving
15.106 Wholesale establishments
15.107 Warehousing, storage and distribution facilities
15.109 Contractors' yards not including retail
15.111 Equipment service and repair shops not including retail
Conditional Uses:
15.205 Automobile repair and service
15.209 Educational facilities
15.222 Contractor yards that include retail
Access/circulation: Access is provided by two (2) 20 foot curb cuts, one (1) on Ethan Allen Drive
and one (1) on Commerce Avenue. No changes proposed.
Circulation on the site is adequate.
Coverage/setbacks: Building coverage is 17.4% (maximum allowed is 30%). Overall coverage is
65.2% (maximum allowed is 70%). Front yard coverage along Ethan Allen Drive is 16.7% and along
Commerce Avenue is 56.7% (maximum allowed is 30%). The front yard coverage along Commerce
Avenue is existing and will not be made worse by this application.
Setback requirements are met.
Parking: A total of 33 spaces are available for all uses including two (2) handicapped spaces and a
bike rack.
Landscaping_ There is no minimum landscaping requirement, based on building costs, for this project.
No additional landscaping recommended.
NO]
Memorandum - Planning
August 25, 1998 agenda items
August 21, 1998
Page 11
Traffic: This property is not subject to the road impact fee because the subdivider 'of this lot was
required to contribute to the cost of improvements to Ethan Allen Drive. This exception ends on
1 /9/05 .
Sewer: The current sewer allocation is 420 gpd. No additional allocation needed.
Dumpster: The dumpster storage area will be screened.
Outdoor storage: There should be no outdoor storage except in the area indicated on the plan for
storage.
Lighting Exterior lighting consists of five (5) 75 watt high pressure sodium building mounted lights
with downcasting shielded fixtures.
11
,CG-31-1999 17t25
BALIER ANDERSON & GRAVEL 802 964 ','7?9 P.02/03
Buler, Anderson & Gn. - W
Joseph F Bauer
Robert H. Anderson"
John C. Gravel
David M,KIGin**
Daniel M. Farnham
August 31, 1996
Attorneys at Law
The Carriage House
362 Main Street, PO Box 607
Burlington, Vermont 05402-0607
(802) 863-5538
Far (802) 864-7779
e-mail., burlbag@together.net
website: hItP:IAvwwMbMC&MiBAG
Raymond Blair
A5at. City Planner & Zoning Administratof
South Burlington Zoning & Planning Office
575 Dorset Street
South Burlington, VT 05403
Re: Kenneth Smith
81 Ethan Allen Drive and
49 Co=erce Avenue
Dear Raymond-.
DcmaIM Hyman`
Thomas C. Xuovo
Of Counsel
*.41,To admaket in (.T& MA
♦ *A4n admitted in CT do NY
0 * 1, r4 I�e) adm tried in MY
This will confirm the discussions we had at our recent meeting
concerning the above properties.
With respect to 61 Ethan Allen Drive, the original. approvals
are unclear as to the approved uses for the building. The Planning
commission Findings of Fact relating to the December, 1987 meeting
speak of approval for "a contractors business." The minutes of the
May 22, 1989 meeting of the Zoning Board of Adjustment speak of a
"request . . . for permission tc occupy an existing structure with
a maximum of four uses, i.e. general contractors, wholesale
establLshmenzs, storage and distribution facilities." Certificate
of Oc,,.2upancy 9e.49 refers to eight tenants. These uses have
historically oc,--upied the building for nearly ten years.
Ken Smith has applied to the City of South Burlington Planning
Cormnission and Zoning Board of Adjustment for multiple uses of the
Property. The applications are intended to bring the existing uses
into conformance with the formal requirements of the South
r,,urlingtor, Zoning Ordinance. The Zoning Board granted the
application at its meeting held on Monday, August 24, 1998. The
-ilanning Commission is scheduled to meet Tuesday, September 1,
1998. We do not expect any difficulty in obtaining the Planning
Commission's approval. The Approvals will not become official;
however, until the Chairman of each body signs a Decision and
?in(lings of Fact. This is usually not done until -three to four
weeks after the actual meeting. The 30 day appeal period does not
begin to accrue until the day of the written decision. Because
there a.!:,e usually no third parties who participate in either the
Addirioul offlcez: 55 Main Somet, (2alchtwar. FT 05446 (302) 879-63�3 and 10 Northland Law, North Heto, VT 0474 (80,` 372-6904
HUG-31-1998 17:26 ) BAUER ANDERSON & GRAUEL 802 864 7779 P.03/03
Raymond B'.6 air
Page 2
August 31, 199E
Zoning Board or Planning Commission hearings, an appeal is
extremely unlikely. In fact, there were no third parties who
participated in the Zoning Board hearing. Although there is no
guarantee that an appeal will not follow, given your experience,
this is extremely unlikely.
With respect to 42 Commerce Avenue, the one remaining
condition necessary for obtaining a permanent Certificate of
Occupancy for each of the tenants is a completion of the
landscaping for the building. The City currently has a Bond in the
amount of $15, 000 for completion of the landing if Ken does not
complete it. Consequently, there shouldn't be a problem in
obtaining permanent Certificates of Occupancy, the landscaping
simply needs to be completed and Mr. Smith does not complete it,
the City has a bond to complete it,.
I would appre�7,iate your signing the enclosed copy of this
letter to indicate your agreement with the above.
Thank you very much for your help. If there are any
questions, please do not hesitate to call me.
Very truly ycurs,
RAT,'ER, ANDERSON & GRAVEL
Norman C. Smith
NCS/et
Enclosure
CC: Mr. Kenneth Smith
This is to verify that the above constitutes an accurate
descri-p-tion of my conversation with Attorney Smith regarding the
above properties.
Dated: August 31, 1998
Raymond Blair
Asst. City Planner &
Zoning Administrator
T07AL P.03
HUr-3-31-1999 17-24 BAUER ANDERSON & GPPl;EL 802 964 7779 P. 0
BL- lap* Anderson & Gm )
lose - ph P. Bauee
Robert H. Anderson
John C. Gravel
Davidm. K!0in—
Dardel N. Farnham
ArlornCys at LDY
The Carriage House
362 Alain Street, F0 Box 607
Burlington, Mrmont 05402-00"'
(802) 863-.5538
Fax (80�) $64-7779
e-mail: burlbugCagogetherwi
web,5fte: http,-11www.v1biz.cainj13AC
DcMid Ad. Hyman - * *
Thomw C. Nual'o
Of Cowuel
Xso a*nfoed ix Cr &- ALI
'*Also admimd in CT & NY
* * * Alst, exftlned in NY
NOTE: This transmission contains privileged information and confidential information
intended only for the addressee named below. Any use, dissemination or distribution
by any person or entity other than the addressee is strictly prohibited. If YOU have
received this transmission in error, please notify us immediately by telephone (S02) 863-
5538 and return the original transmission to the above address,
DATE: -An&Lv�t3l 1998 TO FAX NO: 658-4748
Raymond Blair South Burlington Pla=i-ag
TO: OF: Zoulun Office
RE.— Kenuath Smi.th 81/49 ProRertieg
FROK Norman C. Smith,, Esq- FAX NO. (802) x 864-7779
879-7045
372-6905
This is a I_ PAGE transmission, including this cover page. if you do not receive
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Please confirm receipt of this transmission: VPQ
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SPECIAL COMMENTSIINSTRUCTIONS:
Dear LLayscn�d-*__
Please raview the enclosed letter and let me know if I need to ma1�e and
changer.. Thank you.
8ort6m C. Smith. Esq.
NCS/et
Avuional offices., 5.5 Main sloct, CalChcsoer, tY 05446 (802) 8,79-6323 and 11) N,;wjhjandL0M, Xor(h H4ro, VT 0,5474 (302) 372-6904
Bauer Anderson & Gruel
Joseph P. Bauer
Robert H. Anderson*
John C. Gravel
David M. Klein**
Daniel N. Farnham
September 1,
Attorneys at Law
David M. Hyman***
The Carriage House
Thomas C. Nuovo
362 Main Street, PO Box 607
Of Counsel
Burlington, Vermont 05402-0607
(802) 863-5538
* Also admitted in CT & MA
Fax (802) 864-7779
**Also admitted in CT & NY
e-mail: burlbag@together.net
*** Also admitted in NY
website: http://www.vtbiz.com/BAG
Raymond Belair
Zoning & Planning Assistant
South Burlington Zoning & Planning Office
575 Dorset Street
South Burlington, VT 05403
Re: Kenneth Smith
81 Ethan Allen Drive and
49 Commerce Avenue
Dear Raymond:
This will confirm the discussions we had at our recent meeting
concerning the above properties.
With respect to 81 Ethan Allen Drive, the original approvals
are unclear as to the approved uses for the building. The Planning
Commission Findings of Fact relating to the December, 1987 meeting
speak of approval for "a contractors business." The minutes of the
May 22, 1989 meeting of the Zoning Board of Adjustment speak of a
"request . . . for permission to occupy an existing structure with
a maximum of four uses, i.e. general contractors, wholesale
establishments, storage and distribution facilities." Certificate
of Occupancy 98-09 refers to eight tenants. These uses have
historically occupied the building for nearly ten years.
Ken Smith has applied to the City of South Burlington Planning
Commission and Zoning Board of Adjustment for multiple uses of the
Property. The applications are intended to bring the existing uses
into conformance with the formal requirements of the South
Burlington Zoning Ordinance. The Zoning Board granted the
application at its meeting held on Monday, August 24, 1998. The
Planning Commission is scheduled to meet Tuesday, September 1,
1998. We do not expect any difficulty in obtaining the Planning
Commission's approval. The Approvals will not become official,
however, until the Chairman of each body signs a Decision and
Findings of Fact. This is usually not done until three to four
weeks after the actual meeting. The 30 day appeal period does not
begin to accrue until the day of the written decision. Because
there are usually no third parties who participate in either the
Additional Offices: 55 Main Street, Colchester, VT 05446 (802) 879-6323 and 10 Northland Lane, North Hero, VT 05474 (802) 372-6904
Raymond Belair
Page 2
September 1, 1998
Zoning Board or Planning Commission hearings, an appeal is
extremely unlikely. In fact, there were no third parties who
participated in the Zoning Board hearing. Although there is no
guarantee that an appeal will not follow, given your experience,
this is extremely unlikely.
With respect to 49 Commerce Avenue, the one remaining
condition necessary for obtaining a permanent Certificate of
Occupancy for each of the tenants is a completion of the
landscaping for the building. The City currently has a Bond in the
amount of $15,000 for completion of the landing if Ken does not
complete it. Consequently, there shouldn't be a problem in
obtaining permanent Certificates of Occupancy; the landscaping
simply needs to be completed and if Mr. Smith does not complete it,
the City has a bond to complete it.
I would appreciate your signing the enclosed copy of this
letter to indicate your agreement with the above.
Thank you very much for your help. If there are any
questions, please do not hesitate to call me.
Very truly yours,
BAUER, ANDERSON & GRAVEL
Norman C. Smith
NCS/et
Enclosure
CC: Mr. Kenneth Smith
This is to verify that the above constitutes an accurate
description of my conversation with Attrney Smith regarding the
above properties.
Dated: September 1, 1998��
kaymond Belair
Asst. City Planner &
Zoning Administrator
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX (802) 658-4748
PLANNING
(802)658-7955
August 21, 1998
Kenneth P. Smith
81 Ethan Allen Drive
South Burlington, Vermont 05403
Re: Multiple Uses, 81 Ethan Allen Drive
Dear Mr. Smith:
ZONING
�802)658-7958
Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the
Planning Commission. Comments from City Engineer Bill Szymanski and the Fire Department were
sent to you at an earlier date. Please be sure someone is present on Tuesday, August 25, 1998 at
7:30 P.M. to represent your request.
If you have any questions, please give me a call.
in rely,
Joe Weith,
Director of Planning & Zoning
JW/mcp
Encls
PLANNING,COMMISSION
1 DECEMBER 1987
page 5
Mrs. Hurd moved that the Planning Commission approve the site plan,
a12Zlication of Johnar in -_for construction or a zu uuu sq. iu.
office building on lot #9, Narbor View Road as aepictea on a set
o ans entitled ,site Plan, Proposed office Buliding, Harbor
View Road - lot 9, Southur in on, Vermont,, prepared by Krebs and
Lansing Engineers, as revise , with e roll.owing
s ipu a ions:
1. A 14500 landscaping bond shall be posted priot to permit.
2. The Planning Commission approves 64 parking spaces. Sixteen
are waived.
3. The water line to the hydrant shall be 8 inches. The line
shall nc u e a -dot easement dedicated to tfte CiU ine line
shall be A City line and legal ocumen s 'fled witla the City
At-
7—orney prior-topermit. shut off valve on the line shall serve
e building. The connection sa e submitted to the Water
DeDartment for aDDroval prior to permit.
4. The sewer connection should be at the manhole unless an al-
ternate location is a
pproved by the City Engineer.
5. The curb along the north side of the parking lot shall be
curved instead of saw-tootned to facilitate snow plowing.
6. The building permit shall be obtained within 6 months or this
aDDrovai Is null and void.
Mrs:: iMaher qsecopded;. atd the ,Mpts.on`passed :;unanimously.
4. Site Plan application of Ken Smith for construction of a 7200
sq. ft. building for contractors business, lot #8,-81Ethan en
ve
Mr. Belter stepped down during discussion of this site plan.
Mr. Fitzpatrick explained that the land drops away sligh y from
Ethan Allen Drive. The building will be 60' x 20' and will house
construction supplies. There will be overhead doors on the side
and back. The water will come from the main on Ethan Allen Drive,
and they have allowed for sewage to go out back when that area is
developed. Parking was altered to allow for the Fire Chief's re-
quest for 30-foot lanes. The landscaping plan was considered very
intense, and Mrs. Lafleur asked for some landscaping on the south
side to hide equipment. The applicant agreed to do this. Mr.
Belter asked what would be stored outside. Mr. Smith said there
would be pick-up trucks but no backhoes and no construction
materials at all. Mr. Smith said they could hook onto the new
road whin that is built. Mrs. Lafleur said she would rather see
that area landscaped now and then made into a driveway when the
road is in. The applicant will submit a revised landscaping
plan and will put trees in back for a buffer.
PLANNING COMMI-'LION
1 DECEMBER 1987
page 6
Mrs. Hurd moved that the Planning Commission approve the site plan
application
or
Kenneth P.
5mitn Zor
construction
or a YZUU-sq.
building
or
con rac ors
ubu iness as
deplq eT
on a ree
page set
o
ans entitled
"KeRieth
P. Smith,o
, Ethan
Allen
Drive,
South
Burlington,
Peimon :
re are
=H�
patrick-Lieweilynated
October,
as revise
stamp
a e
ovem er
30, 1987
with
e following
s ipu a
ons:
1. A revised landscaping_plan showing additional screening valued
at 74UU in the rear ana aaaitionai 5 ieet to the south snaii ne
submitted,and approveapproVed by the City Planner priob ':Eo ermi -The
an scaping b6nd of 55400 shall a posted priot to permit.
2. The septic lines shall be located to hook up to the future
sewer line in the future street-othe souT iF. 'Revised plans shall
show-,.3.thistchahAethnd shall a submitted To e Citv Engineer for
approval prior to permit.
3. Revised plan showing access to the proposed new road to the south
'Mall a submitted to and a proved by the CitV Planner prior o
permit. This new road may delete a maximum of 3 parking spaces.
4. The building permitshall be obtained within 6 months or this
approval is null and void.
Mrs. Maher seconded. Motion passed unanimously.
5. Site plan application of H.A.M.-B.C.D. for construction of a
77142 s s or uilainor medical offices, imme is e
care een er, and general offices,, Dines urg Rd.
Mrs. Lafleur noted that the Zoning Board had approved the conditional
use for offices in the R-7 district and also granted a variance for
front lot coverage of only 52%.
Mr. Llewellyn explained the building footprint will be on top of
the foundation of the present Reilly Tire building, adding about
15 feet more. They will use existing services to the building,
and the overall layout will be similar to what is there today.
They will add parking to the rear and remove some from the front.
Drainage will be similar to what is there today. The entrance
will be moved about 25 feet north, increasing the turning radius
to allow easier access. They will try to leave many of the big
trees up front. The Fire Chief asked that the roadway be in-
creased to 30 ft. and this has been done. The sidewalk will be
continuous across the driveway as requested by the City Engineer.
Regarding landscaping, Mr. Jacob suggested doing something with
the bank, and Mr. Llewellyn said they will do that. Some land-
scaping will be put up front where some good sized trees will be
removed. They are requesting $6,000 credit for existing trees.
Mrs. Lafleur said she had not gotten an estimate on the value of
those trees. Mrs. Hurd asked if there will be enough screening.
Mrs. Maher suggested having them mark the trees to be taken down
and then have the Planner approve.
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX (802)658-4748
PLANNING
(802)658-7955
August 10, 1998
Kenneth P. Smith
81 Ethan Allen Drive
South Burlington, Vermont 05403
Re: Multiple Uses, 81 Ethan Allen Drive
Dear Mr. Smith:
ZONING
(802)658-7958
Enclosed are preliminary comments on the above referenced project from City Engineer, William
Szymanski, the Fire Department and myself. Please respond to these comments with additional
information and/or revised plans, if appropriate, no later than Friday, August 14, 1998.
If you have any questions, please give me a call.
Sincer
Raymond J. Belair,
Zoning and Planning Assistant
Encls
State of Vermont
WATER SUPPLY & WASTEWATER DISPOSAL PERMIT
LAWS/REGULATIONS INVOLVED
Environmental Protection Rules
Effective August 8, 1996
Case Number: WW-4-1208
PIN: EJ98-0321
Landowner: Kenneth P. Smith
Address: 81 Ethan Allen Drive
South Burlington, VT 05403
This project, consisting of amending Public Building Permit #PB-4-1482 to connect the 10,000
square foot building with a maximum of 35 employees to municipal sewer, located off 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.
GENERAL
This permit does not relieve the permittee from obtaining all other approvals and permits as
may be required from local officials ri r to proceeding with this project.
2. The project shall be completed as shown on the plans dated 7-24-98 prepared by Kenneth P.
Smith which have been stamped "approved" by the Wastewater Management Division. The
project shall not deviate from the approved plans without prior written approval from the
Wastewater Management Division.
No alterations to the building that would change or affect the exterior water supply or sewage
disposal, or the approved use of the building shall be allowed without prior review and
approval from the Agency of Natural Resources.
4. The Wastewater Management Division now reviews the sewage and water systems for public
buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit.
5. By acceptance of this permit, the permittee agrees to allow representatives of the State of
Vermont access to the property covered by the permit, at reasonable times, for the purpose
of ascertaining compliance with Vermont environmental/health statutes and regulations, with
this permit.
Water Supply & Wastewater Disposal Permit
#WW-4-1208
Kenneth P. Smith
Page 2
6. All conditions set forth in Public Building Permit #PB-4-1482 and Land Use Permit #EC-4-
0793 shall remain in effect except as modified or amended herein.
WATER SUPPLY
7. The project is approved for water supply by connection to the municipal water system
depicted on the stamped plans. No other means of obtaining potable water shall be allowed
without prior review and approval by the Wastewater Management Division.
SEWAGE DISPOSAL
The project is approved for wastewater disposal by connection to the municipal sewer system
depicted on the stamped plans for a maximum of 420 gallons of sewage per day. No other
method of wastewater disposal shall be allowed without prior review and approval by the
Wastewater Management Division, and such approval will not be granted unless the proposal
conforms to the applicable laws and regulations.
Dated at Essex Junction, Vermont on August 12, 1998.
Canute E. Dalmasse, Commissioner
Department of Environmental Conservation
By
Ernest P. Christianson
Regional Engineer
c For the Record
South Burlington Planning Commission & Select Board
FAM
AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250)
PROJECT REVIEW SHEET
THIS IS NOT A PERMIT
TOTAL#DEC PERMITS PRE -APPLICATION REVIEW
RESPONSE DATE (� PENDING APPLICATION #�,_-03'
DISTRICT TOWN Un/ S1W41JV6fc'V PIN #
OWNER OF PROJECT SITE. -
NAME:
ADDRESS:
.�"�� ,1�u�ZuaJi•�Z'�✓, 11 i c5�'3
TELEPHONE. r/SZ' Yt:6 - 34,06'
APPLICANT CR REPRESENTATIVE.
NAME:_
ADDRESS:
TELEPHO
Based on information provided by du✓�'{� '' ,'/Nr�' %L-. received on 7���rs a project was reviewed on a tract/tracts
of land of mil. �' acres, located on C'/_#Awy `lgluc �- T � he project is generally described as:
I klgl r
MLlioc, pi.iL. i<u--M--k iwd ScZtuL� .
Prior Permits From This Office: Z-`/' 1-i'rl y
PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE
PRIOR TO COMMENCEMENT OF CONSTRUCTION
1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR
INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS
OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)).
Commercial, residential or municipal project? Length of newlmproved road(s)
Has the landowner subdivided before? When where/# of lots
AN ACT 250 PERMIT IS REQUIRED: YES X NO, Copies sent to Statutory Parties: YES NO
COMMENTS: LASS ID �i>�5 a.vw�. prspD &D.W, vw� v-�t�-o(�$�w��i�.?
ENVIRONMENTAL COMMISSION
P'o—t-k. V 4 C1-31Z 2 DISTRICTS #4,6 &9
111 WEST STREET
ESSEX JUNCT,ON,VT 05452
SIGNATURE: ( DATE: fril 9$ ADDRESS:
istrict Coo inator Telephone: (802)879-5614
�2 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED YES NO
Water Supply &Wastewater Disposal Subdivision 8/or Exemption Deferral of Subdivision
Tent(Travel Trailer Campground Mobile Home Park _Ficor Drains (UIC) Sewer Extension
REGIONAL ENGINEER ASSIGNED:
AGENCY OF NATURAL RESOURCES
DEPT. OF ENVIRONMENTAL
SIGNATURE: l'/i ti`a`� DATE: �15I 1 ADDRESS: CONSERVATION
Environmental Assistance Division 111 WEST STREET
Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION,VT 05452
THIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHER PERMITS WHICH YOU MAY
NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED
BELOW AND ON THE REVERSE SIDE.
3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact:
Discharge Permit; pretreatment permits; industrial, municipal Stormwater permits (state and federal, UIC)
Inriirart rlkrharnn nnrmit -1 „a..,..a:...., --I
1
O i HER PERMITS AND REVIEWS YOU MAY NEED: (Continued)
4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact:
Construction/modification of source Open Burning
Furnace Boiler Conversion/Installation Industrial Process Air Emissions Diesel Engines (> 200 bHP)
5. WATER SUPPLY DIVISION, ANR (802-241-3400) Contact:
Well head protection areas Bottled Water New Hydrants
Construction Permit, water system improvements Permit to operate New Source
6. WATER QUALITY DIVISION,.ANR Contact:
Hydroelectric Projects (241-3770) Use of chemicals in State waters(241-3777)
Shoreland encroachment (241-3777) Aquatic nuisance control (241-3777)
Wetlands (241-3770) Section 401 Water Quality Certificate; (241-3770)
Stream Alteration (748-8787/786-5906) Water Withdrawal (241-3770)
7. WASTE MANAGEMENT DIVISION, ANR Contact:
Hazardous waste treatment, storage, disposal facility certificate (241-3888)
Hazardous waste handler notification requirement (241-3888)
Lined landfills; transfer stations, recycling facilities, drop off (241-3444)
Disposal of inert waste, untreated wood & stumps (241-3444)
Waste oil burning (241-3888)
Underground Storage Tanks (241-3888)
Asbestos Disposal (241-3444)
Composting Facilities (241-3444)
HW transporter certificate (2.41-3888)
8. FACILITIES ENGINEERING DIVISION, ANR Contact:
Dam operations (greater than 500,000 cu. ft.)(241-3451)
State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750)
9. POLLUTION PREVENTION HOTLINE (1-800-974-9559) Contact:
RECYCLING HOTLINE (1-800-932-7100) Contact:
SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: Judy Mirro 802-241-3745
10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact:
Nongame & Natural Heritage program (Threatened & Endangered Species)
Stream Obstruction Approval
DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# r i 7tG/� laSY'v�l 7
Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Sprinkler Systems
Storage of flammable liquids, explosives LP Gas Storage
Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels
12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact:
Food, lodging, bakeries, food processors Program for asbestos control & lead certification
Children's camps Hot Tub Installation & Inspection - Commercial
13. AGENCY OF HUMAN SERVICES
Child care facilities (241-2158)
Nursing Homes (241-2345)
Contact:
Residential care homes (241-2345) (Dept. of Aging & Disabilities)
Therapeutic Community Residence (241-2345)
14. AGENCY OF TRANSPORTATION Contact:
Access to state highways (residential, commercial) (828-2653) Junkyards (828-2067)
Signs (Travel Information Council) (828-2651) Railroad crossings (828-2760)
Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833)
Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653)
15. DEPARTMENT OF AGRICULTURE
Use/sale of pesticides (828-2431)
Milk processing facilities (828-2433)
Golf courses (828-2431)
Green Houses/Nurseries (828-2431)
Contact:
Slaughter houses, poultry processing (828-2426)
Animal shelters/pet merchant/livestock dealers (828-2421)
Weights and measures, Gas Pumps, Scales (828-2436)
Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436)
16. DEPARTMENT OF PUBLIC SERVICE (800-642-3281) VT Residential Building Energy Standards (See Enclosure)
17. DIVISION FOR HISTORIC PRESERVATION (802-828-3226) Historic buildings Archeological sites
18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134)
19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683)
20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines)
21. DEPARTMENT OF MOTOR VEHICLES ($02-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste
� cOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS)
FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334)
25. OTHER: REVISION DATE: Form Date 11/97
Rev. 7198
MEMORANDUM
To: Applicants/Project Filek
_0
From: Raymond I Belair, Loning & Planning Assistant
Re: Preliminary Comments, August 25 , 1998 agenda items
Date: August 10, 1998
POMERLEAU REAL ESTATE - 2 LOT SUBDIVISION - REVISED FINAL PLAT
building, overall and front yard coverage information should be provided for each of the new
lots.
prior to recording the final plat plan a legal document should be recorded which states that
this entire development is a PUD and that for zoning and subdivision purposes both lots are
to be treated as one (1) lot (e.g. coverage calculation).
DAVID & LAURA AUSTIN - BOUNDARY LINE ADJUSTMENT - REVISED FINAL PLAT
the plat should be revised to add a note pointing to the old property line which indicates that
it is to be dissolved.
KENNETH P. SMITH - MULTIPLE USES - SITE PLAN
— front yard coverage information along Commerce Avenue should be provided.
— details (cut -sheets) for all exterior lights should be submitted.
— plan should include lot dimensions.
— the dumpsters should be screened
— several parking spaces located closest to Commerce Avenue along the easterly boundary
should be eliminated to allow adequate access to Commerce Avenue.
— one (1) additional handicapped space is required.
— lot should be striped as approved.
MEMORANDUM
To: South Burlington Planning Commission
From: South Burlington Fire Department
Re: August 25, 1998 agenda items
Date: August 3, 1998
1) Kenneth P. Smith Dated 7/24/98
81 Ethan Allen Drive
This building needs State Labor & Industry inspection.
2) David T. Austin Dated 7/27/98
305 Swift Street
Acceptable
3) Pomerleau Real Estate Dated 7/29/98
Shelburne Road & Bartlett Bay Road
Acceptable
MEMORANDUM
To: South Burlington Planning Commission
From: William J. Szymanski, South Burlington City Engineer
Re: August 25, 1998 Agenda Items
Date: August 3,1998
AUSTIN PROPERTY - BOUNDARY ADJUSTMENT - SWIFT STREET
Plat plan prepared by Hamlin Consulting Engineers dated 7/13/98 is acceptable.
KENNETH P. SMITH-- LOT NO. 8 - ETHAN ALLEN DRIVE
Site plan received by City 7/24/98 is acceptable.
POMERLEAU REAL ESTATE - BOUNDARY ADJUSTMENTS - BARTLETT BAY ROAD
Site plan prepared by Civil Engineering Associates dated October, 1996 is acceptable.
1
5. revises: sita Plan, containin- required c an es from stir-
ulations 1 2 and 3 shall be submitted to and approved b t.i-
i_ty Planner prior to issuance of a buildin3 permit.
6 This approval expires in 6 months.
Mr. Burgess seconded the motion.
Mr. Mona asked when landscaping information could be gotten to
the City Planner. Mr. -Houghton replied in about a ,reek. He
indicated the access road is being funded by FAA and the lot
will be privately funded. They have to go through Act 250 and
hope to have approval to begin construction by the end of August.
In the vote which followed the motion passed 6-1 with Mrs.
Maher voting against.
Mrs. Maher expressed her strong objection to delegating respon-
sibilities to the City Planner which are properly the work of
the Commission and for which the Planning Commission will be
held responsible.
Concerning the second part of the Airport proposal, Mr. Houghton
explained that they propose to pave an area which is currently
50 feet wide and about 325 feet long to a width of 236 feet.
The area will be used for vehicle parking as before and will
allow for additional aircraft parking.
Mr. Brennan advised that the question of surface water should be
addressed.
Mr. Jacob then moved that the South Bur lin on Planning Commission
approve the site plan application by Burlington Internationa
Air ort fora general aircraft 2arking apron as depicted on a
a e set entitled "Construct General Aviation ron" prepared
Y Hoyle, Tanner & Associates, stamped June 3, 1985. with the
ollowin,g stipulations:
l; revised landscaping plans shad be submitted to and approved
by the City Planner
2) Surface water will be checked by the City Manager.
Mr
S.
lter seconded and the motion
aher voting against.
ssed 5-2 with Mr. Mona an
WARNED PUBLIC HEARING: Preliminary Plat Application by -Re
Berard for an 8-lot industrial subdivision on Ethan Allen
Mr. Mona suggested that since Mr. Belter owned the adjacent prop-
erty, he should step down during the consideration of the pro-
posal.Mr. Belter complied with the request.
Mr. Page explained that the lot layout was identical to that
submitted at sketch plan, and that all lots conform with minimum
�_rortage requiremant.s. 'tr. Berard _ndi-ated that he li,)es not
p 1 a n to devel o; ! he r,_—,n 1* nin�T 7 7t
,- Spitz indicated the major issue was the road and intersection
improvement. Mr. Mona asked how re.�l�3tl: it was tC assume that
she City will provide money for the improvements. Mr. Spitz
said it was possible in 5 years time. Until then it was possible
to approve some of the lots and conditionally approve the others
subject to road and intersection improvements. Mr. Mona noted
that would allow development of 12 lots, since Mr. Belterts 8
lots have already been approved. Mr. Spitz said that since this
is a city street, there is a question of how much the developers
can be expected to do. Mr. Szymanski has suggested that what
breaks down on the existing road is the City's problem. Widening
and ditching should be the developers' concern. The amount in
question is about $20,000. Based on frontage, this would break
down to $5,000 to Mr. Berard and $15,000 to Mr. Belter.
Mr. Belter noted that Mitel had to pay only $7,000 when it de-
veloped its land. He felt it was an awful lot for him to pay
to improve a City road. Mr. Berard indicated he did not like
the delay in developing all of his lots. Mr. Spitz said he
would propose that after 4 lots are developed the situation be
re-evaluated. Mr. Mona said that seemed fair since Mr. Belter's
lots don't have to wait for approval. Mr. Berard reiterated
his offer of land to the City to improve the intersection and
Mr. Mona said he felt such an arrangement could be worked out.
Mr. Belter noted that it was the Guard that was creating the
problem on the road and asked if they shouldn't have to pay for
part of the work. Mr. Jacob said the legal responsibilities
should be checked out. Mr. Belter also suggested that since
they were going to be putting in tax -paying businesses, the first
year of those taxes could pay for the road improvements.
Mr. Jacob then moved that the South Bu-`r lin ton Planning Commission
approvethe preliminary plat application by Rene J. Berard for an
-lot industrial subdivision on Ethan Allen Drive as de icted on
a plan entitled "Property of Rene J. Berard reliminar a
prepared by Fitzpatrick-L1Pwellyn A ssociates, dated une 198 ,
with the following stipulations:
1. Legal documents including 5 foot wide offers�of dedication_
on both sides of Ethan Allen Drive shall be submitted wit t
final plat application.
2 The applicant shall provide a contribution to the cost of
improvements of Ethan llen Drive The amount of contribution
and payment schedule shall be determined at the final hearin_-.
Mr. Burgess seconded with unanimous approval.
As there was no further business, the meeting adjourned at 12:15 AM.
Clerk
2.
PLANNING COMMISSION SEPTEMBER 20, 1983
office, but that if it were to be a tenant, he would like a traffic analysis done.
He directed the Planner to do a traffic count and look up the criteria for this
zone, because he felt this tenant would cause a problem. Mr. Jacob objected that
South Burlington did not even own the street there - Burlington did and we have
a letter from them saying there is no problem. Mr. Poger did not want to create
an unsafe situation for citizens of either city. He said approval for the plan
could be given and Mr. Farrell asked to return for approval of the uses based on
the city's traffic criteria. Mr. Burgess felt the City Attorney should be
consulted on South Burlington's ability to control traffic in the city of Burlington,
and Mr. Ward was requested to seek such an opinion from the Attorney. Mr. Poger
felt that if Mr. Farrell came in with a plan for 5 retail uses, no one on the
Commission would have a problem with that. If he came in with a post office or
other high traffic use, he felt that use should be submitted to the Planner and
a traffic analysis done. If there is any question, it should be resubmitted to
the Commission. Mr. Jacob did not agree.with that, but Messrs. Burgess -and Belter
and Mrs. Hurd indicated they could, as did Mr. Mona and Mrs. Maher. Mr. Poger so
ruled.
Mr.'Jacob moved that the South Burlington Planning Commission grant site
plan approval for the application of Gary Farrell for conversion of the existing
onerwin-witliams, )Y O Shelburne Road int6 five retail shops as depicted on a
entitled "Site Plan, 370 Shelburne Road" dated August 11, 1983, and revised
September 19, 1983, subject to the following stipulations:
1. That the most southerly curb cut along Shelburne Road be closed, according
to State highway standards
2. That sewage increase into the Burlington system be accepted by the City
and that a letter be filed with the City Engineer confirming acceptance.
3• A performance bond for landscaping in the amount of S8,000 and $1,000
for curb closing shall be posted with the City prior to issuance of a building
permit.
4. Should one of the tenants be the United States Post Office or any other
high traffic generator the developer shall inform the City administrative officer
who will have a traffic analysis done for approval of the use by the Planning
Commission.
5• This approval expires in 6 months.
Mr. Burgess seconded the motion. Mr. Poger noted that the Commission would still
like to have a legal opinion regarding the Commission's ability to regulate traffic
spilling onto Burlington streets. Mr. Farrell was warned that if he did come
back with the post office as a tenant, it was possible the Commission would not
approve the use.
The motion carried unanimously.
Final plat application of Mr. Rene Berard, 8'lot industrial subdivision, Ethan
Allen Drive
Mr. Belter removed himself from the discussion due to a possible conflict
of interest.
Mr. Ward said there had been no changes since preliminary plat approval on
July 13, 1983.
Mr. Berard said he would donate a 5' strip on land on both sides of the road
plus the land that is needed at the 4 corners to straighten out the road. The
3.
PLANNING COMMISSION SEPTEMBER 20. 1983
latter parcel is now large enough to do something with, but once he gives up part
Of it, it will not be. He told the Commission he would give the whole thing to
the city.
Mr. Ward read the preliminary plat approval motion, which mentions a contribution
to the cost of improving Ethan Allen Drive. That road is a city street. Mr. Poger
noted that the land to be donated had a value and that might be considered part
of the contribution. Mr. Berard said there were letters between him and former
Planner Spitz discussing this issue. Mrs. Maher felt the land in question had
to be tied down. It needs to be described specifically so everyone knows what
is being discussed. Mr. Berard said the school bus shelter sits on the parcel
now. Mrs. Maher wanted to know the dimensions of the piece and what would be
left if 20' were removed. None of the Commission members spoke against donation
of the land in lieu of the contribution.
$20,000 worth of improvements to the road was a figure mentioned by the
City Engineer to have city labor drain and ditch the road. The division between
Mr. Berard and Mr. Belter was set at $5,000 and $15,000. Mr. Belter mentioned that
the city owned the road, and that counting the cost of the 5' on both sides that
he was going to have to donate, he would be spending a lot of money to improve a
road the city feels is a low priority. He was not sure he and Mr. Berard were
being treated the same way other developers in the city are. Mr. Poger noted that
the road was not built to city standards and that if it were a private road, it
would still have to be built to city standards. The contribution is to bring it
UP to standards. Mr. Poger felt an assessment should be made to improve the road,
and before a building permit was issued, either the cash, or land in lieu of
cash should be offered. The land should be evaluated by the Planner and submitted
to the Commission to be sure it was equal to or greater than the assessment.
There was some discussion of the ratio and Mr. Mona moved that an amount of $20 00
0
total and a ratio of $15.000 to $5,000 for Mr. Belter and Mr. Berard be used. Mr. Burgess seconded the motion. Mr. Mona noted that if the motion passed, land
could be given in lieu of cash, and Mr. Belter asked if that land included the
5' on both sides of the road. He was told it would not. Mr. Ward noted that
this was a substandard road, and if no road at all existed there, Mr. Belter
would have to pay a great deal to build one. He felt an assessment was fair.
Mr. Jacob felt the city had an obligation to improve the road on a timely basis.
The motion carried with all in favor.
Mr. Jacob moved that the South Burli ton Planning Commission approve the
final plat application by Rene J. Berard for an 8 lot industrial subdivision on
Ethan Allen Drive as depicted on a plan entitled "Property of Rene Berard Final
Plat" dated Au st 19 1983 as prepared by Fitz atrick-Llewell Associates with
the following stipulations:
1. Legal documents including a five (5) foot offer of dedication on both
sides of Ethan Allen Drive for the purD03e of widening and ditchin and the and
necessary to improve the intersection of Ethan Allen Drive, Shamrock Road and
Airport Parkway as suggested by the City Engineer shall be submitted to the
City Attorney for approval prior to issuance of any permits.
2. That the Fire Chief review the final Plat to determine the need for
additional fire hydrants.
3. Final plat shall be recorded within 90 days
Mr. Burgess seconded the motion.
It was noted that the land referred to in #1 was a piece bordered by Ward,
Shamrock Road and Airport Parkway. Mr. Berard has offered the entire piece to the
city.
The motion carried unanimously.
~
1
,
_
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0,
6). 75 L'4 11 jM 57M.4Aj Az.�S Aj ;�ej
�AA
---------------
RE%"_�IIVED
RECEIVED
JUL 2 4 1998
City of So. Burlington
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX (802) 658-4748
PLANNING
(802) 658-7955
July 27, 1998
Kenneth P. Smith
81 Ethan Allen Drive
South Burlington, Vermont 05403
Dear Mr. Smith:
ZONING
(802)658-7958
Please be advised that the City of South Burlington approves 420 gpd of sewer allocation for the
property at 81 Ethan Allen Drive. This property is served by the Airport Parkway Wastewater
Treatment Facility which has sufficient capacity to handle this additional demand.
If you have any questions, please give me a call.
Sincerely,
j,ezilil-11
Joe Weith,
City Planner
JW/mcp
PLANNING COMMISSION 31 MAY 1988
The South Burlington Planning Commission held a meeting on
Tuesday, 31 May 1988, at 7:30 pm, in the Conference Room, City
Hall, 575 Dorset Street.
Members Present
Peter Jacob, Chairman; William Burgess, Judith Hurd, Mary -Barbara
Maher, Catherine Peacock, Ann Pugh, John Belter
Also Present
Jane Lafleur, City Planner; Sid Poger, the Other Paper; Steve
Hastings, Robin Worn, Terrence Boyle, Ralph Deslauriers, Jr.,
Charles Deslauriers, Ralph Deslauriers, Sr, Peter Doremus, Mike
Keller, Robert Krebs, Dave Cable, Jean H. Bressor, Lee Nelson,
George Crooks, Lance Llewellyn, Barbara Laing, Reba Drabble,
Lorraine Kaplan, Barbara Bull, Mary & George De Farge, Phyllis &
Henry Atherton, Nancy Bell, Gillian Bell, Jack Provencher, Joe
Randazzo, Rita Randazzo, James Smullen, John Crabbe, Jr., John
Floyd, Howard Fitzpatrick, Richard Feeley, Bob Marcellino, Eugene
Szatkowski, Ed Granai, Art Ross, Barbara Pell, Madeline Yandow,
Mildred & Bobbi Jo Estey, Vernon Wamsganz, Rich Connelly, Regina
O'Flaherty, Gretchen Wamsganz, Thomas Davis, Richard Bigham,
John Hausner
1. Minutes of 10 May 1988
Mrs. Maher moved the Minutes of 10 May be approved as written.
Mr. Burqess seconded. Motion passed unanimouslv.
2. Request of Kenneth Smith for extension of site plan on Lot #8,
Ethan Allen Drive.
Mrs. Lafleur noted the site plan expires tomorrow, and the
applicant has requested an extension.
Mrs. Maher moved to qrant Kenneth Smith a 6 month extension to the
site plan approval for Lot #8, Ethan Allen Drive. Mr. Burgess
seconded. Motion passed 5-0 with Mr. Belter abstaining as he is
an adjacent property owner.
3. Public Hearing: Final Plat application of Synon Group for sub-
division of 1.55 acre lot from the 26+ acre Cupola Golf Course
property, Quarry Hill Road
Peter Doremus said this is the plan for the Day Car facility and
office building which the Commission had seen as a sketch plan.
�J/�
,�5� y,�
�, a,� ,Y ,_��
J
' ""'"<�
CITY OF SOUTH BURLINGTON
SITE PLAN APPLICATION
1) NAME, ADDRESS, AND PHONE NUMBER OF:
a) Owner of Record Kenneth P. Smith; 6 Pheasant Way, South Purlington,
Vermont 054C3 865-3606
2)
3)
b) Applicant Kenneth P. Smith
c) Contact Per sonDouglas R. FitzPatrick, FitzPatrick-Llewellyn Incorporated,
One Wentworth "Drive, Williston, Vermont 05495, 878-3000
PROJECT STREET ADDRESS: Lot #8 (Berard Subdivision), Ethan Allen Drive
PROPOSED USE(s) Contractor's office, repair, storage building
4) SIZE OF PROJECT: (i.e. Building Square Footage, #units, maximum
he igh t and # f loor s Building=7,200 ft'; single -story; 25 ft.-high (max.)
S) NUMBER OF EMPLOYEES (full and part time) : 20 �
6) LOT COVERAGE: Building 17.4 %; Building, Parking, Outside
Storage: 65.2 %
COST ESTIMATES: Buildings: $ 1809000 ; Landscaping $ 6,250
Other Site Improvements: (Please list with cost) $ Paving-$18,000;
Sewage disposal-$6,000; Fill and grading-$4,000
ESTIMATED PROJECT COMPLETION DATE. July, 1988
ESTIMATED AVERAGE DAILY TRAFFIC ( in and out) 43 trip ends/day
PEAK HOUR (s) OF OPERATION • 7-8 a.m.; 4:30-5:00 p.m. (employees)
PEAK DAY(s) OF OPERATION: na
� IGN
Kenneth P. Smith
OF APPLICANT
City of SOlith Burbilifto n
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05401
PLANNER
658-7955
January 4, 1988
Ken Smith
6 Pheasant Way
South Burlingotn, VT 05403
Dear Mr. Smith:
ZONING ADMINISTRATOR
658-7958
Enclosed please find your copy of Findings of Fact. If you Dave
any questions please call me.
Sincerely,
Jam.
4Rft'�A-
Jane B . Lafleur,
City Planner
JBL/mcp
1 Encl
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PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
December 11, 1987
Ken Smith
6 Pheasant Way
South Burlington, Vermont 05403
Re: Lot #8 , 81 t-,than Allen Drive
Dear Mr. Smith:
ZONING ADMINISTRATOR
658-7958
Enclosed are the minutes of the December 1, 1987 Planning
Commission meeting• Please submit revised plans to me as soon as
possible. You should be sure to obtain your building permit from
Richard Ward wit1win 6 months.
Sincerely,
Jane B. Lafleur,
City Planner
JBL/mcp
1 Encl
cc: Doug Fitzpatrick
11/30/87
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MOTION OF APPROVAL
That the South Burlington Planning Commission approve the site
plan application of Kenneth P. Smith for construction of a 7200
square foot building for contractors business as depicted on a
three page set of plans entitled "Kenneth P. Smith, lot #8, Ethan
Allen Drive, South Burlington, Vermont" prepared by Fitzpatrick -
Llewellyn dated October, 1987, last revised 11/87, stamp dated
November 30, 1987 with the following stipulations:
1. A $5400 landscaping bond shall be posted prior to permit.
2. The septic lines shall be located took up to the future
sewer line in the future street to the south. Revised plans
shall show this change and shall be submitted to the City
Engineer for approval prior to permit.
3. The building permit shall be obtained within 6 months or this
approval is null and void.
3
Memorandum - Planning
November 25, 1987
Page 3
4) SMITH, LOT #8, 81 ETHAN ALLEN DRIVE
Mr. Smith proposes to construct a 7200 square foot building for
his contractors business on lot #8 of Rene Berard's lots. The
lot is 41,400 square feet and is zoned Industrial -Commercial.
Access: Access is shown from a 20 foot wide curb cut.
Circulation: Circulation is available along the west and south
of the building. The plans show a 24 foot wide aisle along the
western side of the building. Chief Goddette requires a 30 foot
aisle along the building. To do this and keep the setback and
the 5 foot buffer along the property line for snow storage, the
building would have to be decreased in width. However, I am
expecting new plans prior to the meeting that show parking spaces
parallel to the property line rather than perpendicular. One
parking space will be lost to do this. Evidently Chief Goddette
is willing to accept this.
Parking: The plans show 27 parking spaces. The parking require-
ment is based on 2,400 square feet of office space with 1 space
per 250 square feet = 10 spaces, plus five vehicles used for
business also 4 utility trailers. Ten non -office employee
require 2 spaces/3 persons or 7 spaces. The total required is,26
spaces. The revised plan will show only 26 spaces.
Landscaping: The $180,000 building requires $5400 in new
landscaping. The plan exceeds this amount. The maximum lot
coverage is 70%. The plans show 65% coverage.
Other: See Bill Szymanski's and Chief Goddette's comments.
5) H.A.M. _ B.C.D., 620 HINESBURG ROAD
The applicant proposes to construct a 20,152 square foot building
on the Reilly Tire Property. This is slightly larger than the
existing footprint. It will be 3 stories high. The property is
zoned R-7 and this is a conditional use. It will receive Zoning
Board of Adjustment review on November 30, 1987 for the
conditional use and a waiver to front yard lot coverage.
Access: Access is shown from a 35 foot wide driveway in
its present location although it is reduced in width. See Bill
Szymanski's comments regarding the access and sidewalk.
Circulation: Circulation will be available on 3 sides of the
building with a 30 foot aisle along one side and 24 foot aisles
along the other two. See Goddette's comments regarding this
aisle.
M E M O R A N D U M
To: South Burlington Planning Commission
From: James Goddette, Fire Chief
Re: December 1, 1987 agenda items
Date: November 25, 1987
3) LARKIN, LOT 9,_ HARBOR VIEW ROAD, OFFICE BUILDING
Plans reviewed and at this time I do not see a problem with this
project.
4) KENNETH P. SMITH, LOT 8, ETHAN ALLEN DRIVE
Plans reviewed and the only correction I see needed is on the
east side of building. A 30' area is needed for setting up fire
equipment. It must be 30 feet along the entire length of the
building.
5) REILLY TIRE COMPANY PROPERTY, (MEDICAL CENTER), 620 HINESBURG
ROAD
Plans reviewed and only problem I see at this time is main aisles
in front of building on the Hinesburg Road side must be 30' wide.
1
M E M O R A N D U M
To: South Burlington Planning Commission
From: William J. Szymanski, City Manager
Re: December 1, 1987 agenda items
Date: November 25, 1987
2) MOB_I_L CORPORATIONS W_ILLISTON ROAD
1. Just completed curb and sidewalk work along Williston Road
should not be disturbed. Plan shows two 5 foot curb radii
changed to 15 foot. This change will not discourage left turns
and is not worth removal of new paving and resulting in a patch.
2. Plan is a significant improvement over what presently exists
on the site.
3) OFFICE BUILDING HARBOR VIEW ROAD
1. Water line to hydrant should be 8 inch. This line should
include a 15' easement and be a City line. There should be a
shut off valve on the line serving the building. This connection
shall be reviewed also by the City Water Department.
2. The sewer connection should be at the manhole unless there is
a grade problem.
3. The curb along the north side of the parking lot should be
curved instead of the saw teeth to facilitate snow plowing.
4) KENNETH P. SMITH ETHAN ALLEN DRIVE
_._ ....._.........__._........:._ ... ...._.._.._.
1. The proposed building should be planned to tie into the
municipal sewer system to the rear (south) when that road and
sewer system is constructed. This would eliminate the need for
the pumping station.
1
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FITZPATRICK-LLEWELLYN INC01 MATED
Engineering and Planning Services
One Wentworth Drive
WILLISTON, VERMONT 05495
(802) 878-3000
TO r
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as A-P 2
WE ARE SENDING YOU Attached
❑ Shop drawings
❑ Copy of letter
L ETT "A VF 'TIMz SON TTUR,
DATE
JOD NO,
ATTENTION
S. cY�r
RE: +
❑ Under separate cover via bb.2 1 the following items:
❑ Prints �-n Plans ❑ Samples ❑ Specifications
❑ Change order ❑
COPIES
DATE
NO.
DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested -�.� ❑ Returnedfor corr 'ons
❑ For review and comment
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
0FFO'R BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARK S—'s
X
COPY TO
PRODUCT 240-3 Ees I.., GO., Mm 0 147 1.
If enclosures are not as noted, kindly notify us at
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
November 25, 1987
Douglas Fitzpatrick
Fitzpatrick -Llewellyn Associates
One Wentworth Drive
Williston, Vermont 05495
Re: Smith lot #8, Ethan Allen Drive
Dear Mr. Fitzpatrick:
ZONING ADMINISTRATOR
658-7958
Enclosed are the agenda and my memo to the Planning Commission
regarding the Smith Site Plan. Also enclosed are Bill Szymanski's
and Chief Goddette's comments. Please be sure someone is
present on 'Tuesday, December 1, 1987 to represent your request.
Sincerely,
jo_",� a,7 LCA_
Jane B. Lafleur,
City Planner
JBL/mcp
Encls
cc: Ken Smith
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
FITZPATRICK-LLEWELLYN INCOR. )ATED
Engineering and Planning Services
One Wentworth Drive
WILLISTON, VERMONT 05495
ffel
DATE
�
JOB NO.1-
1
ATTENTIO
RE: C-)
1
WE ARE SENDING YOU Attached ❑ Under separate cover via ! =_the following items:
❑ Shop drawings ❑ Prints Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES
DATE
NO.
DESCRIPTION
z-A
Z3Z7
THESE ARE TRANSMITTED as checked below:
For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 19
REMARKS
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER ZONING ADMINISTRATOR
658-7955 658-7958
June 14, 1988
Kenneth Smith
6 Pheasant Way
South Burlington, Vermont 05403
Re: Lot #8, Ethan Allen Drive
Dear Mr. Smith:
Enclosed are the May 31, 1988 Planning Commission minutes at
which your 6 month extension was approved. Please call me if
you have any questions.
Sincerely,
jcL'V��'. Z�04
���
Jane B. Lafleur,
City Planner
JBL/mcp
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State of Vermont
Building Permit
CASE NO. PB-4-1482
APPLICANT Kenneth P. Smith
ADDRESS 6 Pheasant Way
South Burlington, VT 05403
LAWS/REGULATIONS INVOLVED
Chapter 4, Public Buildings
Chapter 7, Sewage Disposal
This project, consisting of constructing a contractors shop on
Lot No. 8 of the subdivision approved in Land Use Permit EC-4-
0793 located off 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.
GENERAL
(1) This permit does not relieve you, as applicant, from
obtaining all approvals and permits as may be required from
the Act 250 District Environmental Commission, the
Department of Labor and Industry (phone 828-2106), the
Vermont Department of Health (phone 863-7220), and local
officials PRIOR to proceeding with this project.
(2) The project shall be completed as shown on the plans
Project Number 87114 Sheet 1 of 2 "Proposed Site Plan and
Sewage Disposal System" dated October 1987 last revised 6/88
prepared by Fitzpatrick -Llewellyn, Inc. and which have been
stamped "approved" by the Division of Protection. The
project shall not deviate from the approved plans without
prior written approval from the Division of Protection.
(3) All conditions set forth in Land Use Permit No. EC-4-0793
dated September 9, 1983, shall remain in effect except as
modified or amended herein.
WATER SUPPLY
(4) The project is approved for water supply by construction and
utilization of the municipal water service depicted on the
approved plans. No other means of obtaining potable water
shall be allowed without prior review and approval by the
Division of Protection.
SEWAGE DISPOSAL
(5) The project is approved for wastewater disposal by
construction and utilization of the on -site, subsurface
wastewater disposal system depicted on the approved plans.
No other method or location of wastewater disposal shall be
allowed without prior review and approval by the Division of
Protection.
(6) The wastewater collection, delivery, and treatment/disposal
systems herein approved shall be routinely and reliably
inspected during construction by a Vermont -registered
professional engineer who shall, upon completion and prior
to occupancy of the subject establishment, report in writing
to the Division of Protection that the installation was
accomplished in accordance with the approved plans and
permit conditions.
f
Public Building ermit
PB-4-1482
Page 2
PLUMBING
(7) Prior to commencement of construction of the building(s),
the applicant must submit to the Division one set of
interior plumbing floor plans which match the exterior water
and sewer services.
Patrick A. Parenteau, Commissioner
Department of Environmental
Conservation
By L- l- �Z�2zt_,,d—
Ernes.t P. Christianson
Regional Engineer
Dated at Essex Jct., Vermont this day of
1988.
cc: Donald Robisky
Town Planning Commission
Dept. of Health
Dept. of Labor and Industry
FitzPatrick-Llewellyn, Inc.
State of Vermont
LAND USE PERMIT
ADMINISTRATIVE
AMENDMENT
CASE 4C0643-3D LAWS/REGI LATIONS INVOLVED
APPLICANT Kenneth P. Smith
ADDRESS 81 Ethan Allen Drive 10 V.S.A. §§ 6001 - 6092 (Act 250)
South Burlington, VT 05403 Environmental Board Rule 34(D)
District Environmental Commission #4 hereby issues Land Use Permit Administrative Amendment
#4C0643-3D, pursuant to the authority vested in it by 10 V.S.A., §§ 6001-6092. This permit amendment
applies to the lands identified in the land records of the City of South Burlington, Vermont.
This permit amendment changes the total AM peak hour trip generation allocated for Lot #25 and 26
from 30 to 24. The project is located on Commerce Avenue in the City of South Burlington, Vermont.
1. Except as amended herein, all terms and conditions of Land Use Permit #4C0643 and subsequent
amendments remain in full force and effect.
Dated at Essex Junction, Vermont, this S
day of December, 200 J
By
Peter E. Kei
District #4 Coordinator
This permit is issued pursuant to Environmental Board Rule 34(D), Administrative Amendments, which
authorizes a district coordinator, on behalf of the District Commission, to "amend a permit without notice or
hearing when an amendment is necessary for record -keeping purposes or to provide authorization for minor
revisions to permitted projects raising no likelihood of impacts under the criteria of the Act." The rule also
provides that all parties of record and current adjoining landowners shall receive a copy of any administrative
amendment.
Prior to any appeal of this Administrative Amendment to the Environmental Board, the applicant or a party is
encouraged to file a Motion to Alter with the District Commission within 30 days from the date of this
Administrative Amendment, pursuant to Environmental Board Rule 34. Any appeal of the Commission's
decision on the Motion to Alter must be filed within 30 days of the date of the decision and must comply
with all provisions of 10 V.S.A. § 6089 and Environmental Board Rule 40, including the submission of the
original and ten copies of the following: notice of appeal, a statement of why the appellant believes the
commission was in error, a statement of the issues to be addressed in the appeal, a summary of the evidence
that will be presented, a preliminary list of witnesses, and this decision.
1 �
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CERTIFICATE OF SERVICE
''' I hereby certify on this day of December 2003, a copy of the foregoing
ACT 250 LAND USE PERMIT #4C0643-3D, was sent first class mail, postage
Prepaid to:
PARTIES
Kenneth P. Smith
81 Ethan Allen Drive
South Burlington, VT 05403
Donna Kinville, City Clerk
Chair, City Council/Chair, City Planning Commission
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Chittenden County Regional Planning Commission
30 Kimball Avenue, Suite 206
South Burlington, VT 05403
Elizabeth Lord, Land Use Attorney
Agency of Natural Resources
103 South Main St. - Center Bldg., 3rd Floor
Waterbury, VT 05671-0301
FOR YOUR INFORMATION
District #4 Environmental Commission
111 West Street
Essex Junction, VT 05452
Ernie Christianson, Env. Analyst V
ANR, 111 West St.
Essex Jct., VT 05452
ADJOINING LANDOWNERS:
On File at District Commission Office
Dated at Essex Junction, Vermont, this S day of December, 2003.
admin4C0643-3Dcs/cc Chris ine ommo, m strative Secretary
879-5660
4) KENNETH P. SMITH - 81 ETHAN ALLEN DRIVE
Area zoned I. C. District.
Section 15.20 Conditional uses and Section 15.10 Permitted uses, Section 26.65 Multiple uses.
Proposed uses, (permitted) light manufacturing, research and testing labs, printing, etc., wholesale
establishments, warehousing and distribution, contractors and equipment service and repairs,
(conditional uses) auto repair and service, educational facilities and contractor yards including
retail.
Section 26.65 Multiple uses, approval granted 5/22/89 for a maximum of four tenants. Request
to amend conditional use permit to a maximum of eleven tenants.
Lot 41,400 square feet and structure 60' x 120' (7200 square feet).
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City of South Burlington
Application to Board of Adjustment
Official Use
APPLICATION #
HEARING DATE
FILING DATE
Date i �/"�
FEE AMOUNT
Applicant�6�
Owner, leasee, agent
AddressTelephone #-��
Landowner ,�,,�,— Address g/ P
Location and description of property f3f �,✓ ✓ / /.�1
Type of application check one: ( ) appeal from decision of Administrative
Officer (V.L) request for a conditional use ( ) request for a variance.
I understand the presentation procedures required by State Law (Section
4468 of the Planning & Development Act). Also that hearings are held twice
a month (second and fourth Mondays). That a legal advertisement must
appear a minimum of fifteen (15) days prior to the hearing. I agree to pay
a hearing fee which is to off -set the cost of the hearing.
Provisions of zoning ordinance in question
Reason for appeal
The following documents are submitted in support of the application:
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
Day of Week
at to consider the following:
Month and Date Time
lit
G Appeal of
seeking v from Section '..
of the South Burlington Zoning Regulations. Request is for permission to
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Memorandum - Planning
August 25, 1998 agenda items
August 21, 1998
Page 9
Lot # 1: Building cov e is 21.6% (maximum allowed is 30%).
(maximum allowed is 70%). t yard coverage is 46.4% (maximum
existing situation which will not be worse by this applicat
Setback requirements will be met from the new pl>4�drty line.
gage is 58.9%
is 30%). This is an
Parking: The parking requirement for e use will be satis on its respective lot.
Legal document: Staff reco ends that prior to recording the final p an a legal document be
recorded which states t this entire development is a PUD and that for zon' and subdivision
purposes both lot e to be treated as one (1) lot (e.g., coverage calculation).
8 ) KENNETH P. SMITH - MULTIPLE USES - SITE PLAN
This project consists of amending a plan previously approved on 12/1/87 for a 10,000 square foot
building (7200 square feet on ground floor and 2800 square feet of mezzanine space) for a
contractor's business. The amendment consists of allowing the building to be used for a multiple
number of commercial and industrial uses for a multiple number of tenants. The ZBA will consider
a request from the applicant for a conditional use permit on 8/24/98.
This property located at 81 Ethan Allen Drive lies within the IC District. It is bounded on the north
by Ethan Allen Drive, on the east and west by industrial and commercial buildings, and on the south
by Commerce Avenue.
The applicant is requesting to use the building for a multiple number of tenants for any of the
permitted and conditional uses listed below. This request is being made with the provision that all
the uses would not require more than 33 parking spaces, and would not generate more than 420 gpd
in sewer demand. The reason for this request is so the applicant can have the flexibility of changing
tenants whose uses fall within the approved sewer, and parking limits without having to return to the
Planning Commission each time. When a use is to be changed, the applicant would contact the
Director of Planning & Zoning and he would review the existing uses and the proposed use to make
certain that it does not exceed the upper limits approved by the Planning Commission.
Memorandum - Planning
August 25, 1998 agenda items
August 21, 1998
Page 10
Uses being requested are as follows:
Permitted Uses
15.103 Light manufacturing
15.104 Research and testing laboratories
15.105 Printing, bookbinding, publishing and engraving
15.106 Wholesale establishments
15.107 Warehousing, storage and distribution facilities
15.109 Contractors' yards not including retail
15.111 Equipment service and repair shops not including retail
Conditional Uses:
15.205 Automobile repair and service
15.209 Educational facilities
15.222 Contractor yards that include retail
Access/circulation: Access is provided by two (2) 20 foot curb cuts, one (1) on Ethan Allen Drive
and one (1) on Commerce Avenue. No changes proposed.
Circulation on the site is adequate.
Coverage/setbacks: Building coverage is 17.4% (maximum allowed is 30%). Overall coverage is
65.2% (maximum allowed is 70%). Front yard coverage along Ethan Allen Drive is 16.7% and along
Commerce Avenue is 56.7% (maximum allowed is 30%). The front yard coverage along Commerce
Avenue is existing and will not be made worse by this application.
Setback requirements are met.
Parking: A total of 33 spaces are available for all uses including two (2) handicapped spaces and a
bike rack.
Landscaping: There is no minimum landscaping requirement, based on building costs, for this project.
No additional landscaping recommended.
10
Memorandum - Planning
August 25, 1998 agenda items
August 21, 1998
Page 1 1
Traffic: This property is not subject to the road impact fee because the subdivider 'of this lot was
required to contribute to the cost of improvements to Ethan Allen Drive. This exception ends on
1 /9/05.
Sewer: The current sewer allocation is 420 gpd. No additional allocation needed.
Dumpster: The dumpster storage area will be screened.
Outdoor storage: There should be no outdoor storage except in the area indicated on the plan for
storage.
Lighting Exterior lighting consists of five (5) 75 watt high pressure sodium building mounted lights
with downcasting shielded fixtures.
11
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX (802) 658-4748
PLANNING
(802)658-7955
A ugu st 10, 1998
Mr. Kenneth P. Smith
81 Ethan Allen Drive
South Burlington, Vermont 05403
Re: Request for Conditional Use Approval
Dear Mr. Smith:
ZONING
j802)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, August 24, 1998 at 7: 00 P.M.
to consider the request for a conditional use approval.
Please plan to attend this meeting and be prepared to address the enclosed review criteria. If
you have any questions, please don't hesitate to call me.
Very truly,
Richard Ward,
Zoning Administrative Officer
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SOUTH BURLINGTON
ZONING NOTICE
In accordance with the
South Burlington Zoning
Regulations and Chapter
117, Title 24, V.S.A., the
South Burlington Zoning
Board of Adjustment will
hold a public hearing at
the South Burlington Mu-
nicipal Offices, Confer-
ence Room, 575 Dorset
Street, South Burlington,
Vermont on Monday. Au-
gust 24, 1998 at 7:00
P.M. to consider the fol-
lowing:
#1 Appeal Burlington In-
door Tennis Center, Inc.,
Daryl Campbell, agent
seeking approval from
Section 13.20 and 26.05
Conditional uses. sub
section 26.056 addition
and alterations of the
South Burlington Zoning
Regulations. Request is
for permission to in-
crease occupancy of
existing day care center
to 75 children in conjunc-
tion with an existing
sports/fitness center
d.b.a. Twin Oaks Kids
and Fitness, 80 Farrell
Street.
#2 Appeal of Maurice
LaPierre and Charles
Hardwick seeking ap-
proval from Section
15.20 Conditional uses
sub -section 15.222 Con-
tractor's yards including
retail sales of the South
Burlington Zoning Regu-
lations. Request is for
permission to remove
existing mobile home
and construct a 24'x50'
sales/showroom struc-
ture on a lot containing
13,277 square feet, lo-
cated at 4001 Williston
Road.
#3 Appeal of Richard &
Joanne Simpson seeking
a variance from Section
25.00 Dimensional re-
quirements of the South
Burlington Zoning Regu-
lations. Request is for
permission to demolish
existing 16'x24' ggarage
and construct a 24'x24'
garage to within two (2)
feet of the northerly side
yard, located at 50 Davis
Parkway.
#4 Appeal of Kenneth P.
Smith seeking approval
from Section 26.65 Multi-
ple uses and Section
15.20 Conditional uses of
the South Burlington
Zoning Regulations. Re-
quest is for permission
to increase occupancyy of
an existing 10,000
square feet structure to a
maximum of eleven (11)
permitted and conditional
uses to include automo-
bile repair, contractors
yards, manufacturing,
wholesale establish-
ments, warehousing, lo-
cated at 81 Ethan Allen
Drive.
Richard Ward,
Zoning Administrative
Officer
August 8, 1998
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CITY OF SOUTH BURLINGTON
APPLICATION FOR
SITE PLAN REVIEW
All information requested on this application must be completed in `ull. 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 Planning Commission.
1) OWNER OF RECORD ( Name as shown on deed, mailing address, phone and fax #)
6>5 yo3 e65 -34"()e- (' V) 84.5- y8'' (,' FK
2) APPLICANT (Name, mailing address, phone and fax
3) CONTACT PERSON (Name, mailing address, phone and fax #) a •-
4) PROJECT STREET ADDRESS: 8�
b :5' o3
5) TAX MAP NUMBER (can be obtained at Assessor's Office)
6) PROJECT DESCRIPTION rU, c►x�J glut-T use �,H^,.,�c-c,o�- �
a) Existing Uses on Property (including description and size of each separate use)
/s' ZZZ
b) Proposed Uses (include description and size of each new use and existing uses to
remain) /S. /D3 10Y , 105 1'06 , /-)7 , /yy , /// , ZoS ,7�
c) Total building square footage (proposed buildings and existing buildings to remain) _
d) Height of building & number of floors (proposed buildings and existing buildings to
remain, specify if basement and mezzanine) Z.o' �
e) Number of residential units (if applicable, new units and existing units to remain)
f) Number of employees (existing and proposed): 7-0
g) Other ;ist sny jther information pertinent to this application not specifically 'requested
above,
7) LOT COVERAGE
a) Building: Existing / 7 % Proposed %
b) Overall !building, parking, outside storage, etc)
Existing &S• � ?% Proposed ?'o
c) Front yard (along each street) Existing /�. 7 % Proposed
8) COST ESTIMATES A /
a) Building: S I _
b) Landscaping:
c) Other site improvements (please list with cost):
9) ESTIMATED TRAFFIC
a) Average daily traffic (in and out):
b) A.M. Peak hour (in and out):
c) P.M. Peak hour (In and out):
10) PEAK HOURS OF OPERATION: e, --
11) PEAK DAYS OF OPERATION: /;Vo;y — 7�
12) ESTIMATED PROJECT COMPLETION DATE:
13) SITE PLAN AND FEE
A site plan shall be submitted which shows the information listed on Exhibit A attached. Five
(5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A
site plan application fee shall be paid to the City at the time of submitting the site plan
application (see Exhibit A).
hereby certify that all the information requested as part of this application has been
submitted and is accurate to the best of my kncwled e.
SIGNATURE OF APPLICANT
SIGNATURE OF CO -APPLICANT
Do not write below this line
DATE OF SUBMISSION:
REVIEW AUTHORITY: ❑ Planning Commission ❑ City Planner
I have reviewed this site plan application and find it to be:
❑ Complete ❑ Incomplete
City Planner or Designee Date
(Apfrmsp)
SMITH, Kenneth
81 Ethan Allen Drive
Area zoned I-C District
Section 19.65 Multiple uses - Proposed a maximum of 4 uses.
Uses Proposed Section 13.102
Light manufacturing 13.10
Research & testing labs 13.104
Printing 13-105
Wholesale establishments 13.106
Contractors 13.108
Equipment sales and service 13.109
Warehousing 13.111
Section 13.20 Conditional uses, sub section 13.203 construction
equipment sales - 13-204 rental equipment and 13.222 equipment
repair.
Existing use K.P. Smith general contractor 451 x 601 area.
Proposed Essex manufacturing 25, x 60'.
Un-occupied 501 x 60'.
ZO IN BOARD OF ADJUSTMENT MAY 22. 1989
The South Burlington Zoning Board of Adjustment held a regular
meeting on Monday, May 22, 1989 at 7:10 P.M. in the Conference
Room, 575 Dorset Street.
Members Present
Fred Blais, Chairman; David Boehm, James Thibault, Joe Randazzo
Members Arriving Late
Others Present
Dan King, Don Graf
William Yandow, Sylvia Yandow, Joe Ingram, Shirley Murray,
Charles Murray, Raymond Jewett, Mark Hill, Jessica Erwin, Tom
Ray, Lucy Sgmava, Dick Gracey, Jan Perkins, Charles Perkins,
Palmer Irish, Helen Irish, M.P. Cloutier, George W. Boccuzzi,
Shirley Bowley, Bill Orleans, Fred Hannon, Kay Hannon, Bill
Schuele
Mr. Blais explained to the audience and applicant's that there
was only 4 members of the board present and that if an applicant
wanted to table their appeal they could do so. Also, that if a
request was turned down they could not substitute change in order
to be reheard. No one requested to be tabled.
No. 1 Appeal of Kenneth Smith
Appeal of Kenneth Smith seeking approval from Section 19.65
Multiple uses and Section 13.20 Conditional uses. Request is for
permission to occupy an existing structure with a maximum of four
uses, i.e. general contractors, wholesale establishments, storage
and distribution facilities. Building contains 7200 square feet
located on a lot containing 41,400 square feet at 81 Ethan Allen
Drive.
Mr. Dan King arrived at this time. (7:15 P.M.)
Mr. Smith said that his multiple uses meets all criteria. There
is no physical changes and the lot is sufficient with no defacing
of property. Also, no stress on water or sewer and low traffic
flow. As for the business there is no shipping in or out. Mr.
Ward said the applicant fit right in with the by-laws. Every-
thing is straight forward.
Mr. Randazzo asked about the parking. Mr. Smith said that there
is four uses, 6 persons per use. There is 18 parking spaces.
There is 3 actual business now. Mr. Ward said he
has more than 18 parking spaces.
1
Zoning Board of Adjustment -2-
May 22, 1989
Mr. Thibault moved that the Board conduct an administrative
review on any future tenants. Seconded by Mr. Boehm and passed
unanimously.
The appeal was granted unanimously.
No 2 Appeal of Mark Hill
Appeal of Mark Hill,. William Yandow agent seeking approval from
Section 12.20 Conditional use, sub section 12.225 automotive
repair and service. Request is for permission to operate an
autobody repair shop in conjunction with existing automotive
services, on a lot containing 1.14 acres located at 5 Green
Mountain Drive.
The building 45' x 80' is now empty. Mr Yandow stated that
there is only 1 employee, and the traffic has only about 10 trips
in - out per day. The other business in the area are all the
same. (Automotive uses) There is no affects on municipal facil-
ities.
Mr. Randazzo asked if there was any objections from the abutters
and was told that there was not. The building was a repair shop
before. Mr. Boehm asked about storage. There is no storage on
the outside only inside.
Mr. King asked about the chemicals and was told that they were
safe and clean. The 50 gallon drums are all contained and
cleaned once every 6 months.
Mr. Boehm moved that there would be no outside storage of vehi-
cles including wrecks. Mr. Thibault 2nd the motion, which passed
unanimously.
The appeal was approved with conditions.
No 3 Appeal of Shirlev Bowleg
Appeal of Shirley Bowley seeking a variance from Section 18.00
Dimensional requirements and sub section 18.105. Request is for
permission to construct a single-family dwelling on a lot con-
taining 5,662 square feet with 81 feet frontage to within fifteen
(15) feet of the required front yard and approximately fifty
(50) feet from the center line of Potash Brook, located at 106
Central Avenue. Mr. Don Graft arrived at this time. (7:50 P.M.)
Ms. Bowley proposes a 20' x 44' (2
a 20' x 20' attached garage. Mr.
changes in this application from
May 1, 1989 meeting.
story) dwelling which includes
Ward said that there is major
the one that was denied at the
2
SOUTH BURLINGTON
ZONING NOTICE
In accordance with the
South , Burlington Zoning
Reggulations and Chapter i
117 Title 24, V.S.A. the
South Burlington Zoning
Board of Adjustment will
hold a Public hearing at the
South Burlington Municipal
Offices, Conference Room,
575 Dorset Street, South
Burlington, Vermont on
Monday May 22, 1989 at
7:00 p.m, to consider the
following:
# 1 Appeal of Kenneth Smith
seeking approval From Sec-
tion 19.65 Multiple uses and
Section 13.20 Conditional
uses of the South Burlington i
Regulations. Request is for
permission to occupy on
existing structure with a,
maximum of four uses, i.e.
general contractors, whole-
sale establishment, storage
and distribution facilities.
Building contains 7200
Square feet located on a lot
containing 41,400 square
feet, at 81 Ethan Allen
Drive,
#2 Appeal of Mark Hill,
William Yandow agent
seekingg approval from Sec-
tion 12.20 Conditional use -
sub section 12.225 auto-
motive repair and service of
the South Burlington Regula-
tionsRequest is for permis-
sion ; to operate an
outobody repair shop in'
conjunction with existing au-
tomotive services, on a lot
containing 1.14 acres lo-
cated at 5 Green Mt. Drive.
03 Appeal of Shirley Bow.
ley seeking a variance From
Section 18.00 Dimensional
requirements and subsection
18.105 of the South Burling-
ton Regulations, Request is
for permission to construct a
single-family dwelling on a
lot contaming 5,662 square
feet with 81 feet frontage
to within fifteen (15) feet of
the required front yard and
approximately fifty (50) feet
from the center line of Po-
tash Brook, located at 106
Central Avenue.
#4 Appeal of Charles &
Janet Perkins seeking a va-
riance From Seciton 18.00
Dimensional requirements
and Section 18.113 dwell-
ing standards of the South
Burlington Regulations. Re-
quest ;is for perjnission to
convert two existing struc-
tures into three dwelling
units, lot in question contains
15,282 square feet formerly
occupied by the Linden -
wood Inn. Proposed units
are sub standard to mini-
mum dwelino size. Parcel in
question being part of the
tmdenwood Inn property,
located at 916 Shelburne
Road.
#5 Appeal of Richard
Gracey seeking a variance
From Section 11.10 Per-
mitted uses and Section
19.65 ` Multiple uses of the
South Burlington Regula-
tions. Request is for permis-
sion to display a maximum
of two power boats on a
temporary basis in conjunc-
tion with an existing retail
use, located at 1336 Willis-
ton Road.
#6 Appeal of Donal Bevins
seeking a variance From
Section 18.00 Dimensional
requirements of the South
Burlington Regulations. Re-
quest is for permission to
construct a 24' X 24' at-
tached garage to within six-
teen (16) feet of the rear
yard, at 50 Sherry Road.
I Richard Ward,
,Toning Administrative
Officer
May 6, 1989.
Official Use
City of South Burlington
Application to Board of Adjustment Ap
Date J// /S� -
Applicant
Owner, leasee, agent
Address�p % Alc; Telephone #
,¢� `�, ,
APPLICATION # 1�11 -/ �
HEARING DATE S -,9
FILING DATE J___ / -i +
FEE AMOUN73O
Landowner > Address
Location and description of property
Type of application check one ( ) appeal from decision of Administrative
Officer( )request for a conditional use ( ) request for a variance.
I understand the presentation procedures required by State Law (Section
4468 of the Planning & Development Act). Also that hearings are held twice a
month (second and fourth Mondays). That a legal advertisement must appeal
a minimum of fifteen (15) days prior to the hearing. I agree to pay a
hearing fee which is to off -set the cost of the hearing.
Provisions of zoning ordinance in question wG� i 4/SC ;'�G'
Reason for appeal
The owner or applicant should submit along with this application (8 copies)
plans, elevations, landscaping diagrams (draw to scale) traffic data and
any other additional information which wi serve__a_ support evidence to the
Board.
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
Day of eek
at t, o� to consider the following:
onth and Date Time
Appeal of
seeking 4C
// From Section
of the South Burlington Regulations. Request is for permission to D,44'�
�iti �GO � _ G+c� GG� GY.�. ,,may, �,•L..y.� .,ta..�.... +--.�
✓ d
K
-'�'� f') .Y��-,�-T ', ,�.1`') � /mac.. Cry-*-v.-�— _ ,c,.:..A�^�IV`• �//�-ti/4..•,t,�,
Q pG mac.•+ G 7Z00 ov_ a.,
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER
658-7955
May 8, 1989
Mr. Kenneth Smith
81 Ethan Allen Drive
South Burlington, Vermont. 05403
Re: ZoninJ application
Dear Mr. Smith:
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, May 22, 1989 at 7:00 P.M. to
consider your zoning application as stated on the enclosed legal.
notice.
Please plait to attend this meeting and to make a oral presenta-
tion addressing the criteria as stated on the attached pink
sheet.
Very truly,
Richard Ward,
Zoning Administrative Officer
2 Encls
RW/mcp
;ed
�es
be
ed
If
;oo
ed
iat
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L11
12.502 Conditional Uses
a. Those uses set forth in Sections 12.201 -
12.330.
b. Apartments and multi -family dwellings. The
maximum density shall be 7 units per acre
under the provisions of Section 19.152.
ARTICLE XIII
MIXED INDUSTRIAL AND COMMERCIAL DISTRICT (IC)
13.00 Purpose
A Mixed Industrial and Commercial District is hereby
formed in order to encourage general industrial activity
and office buildings. A range of individual commercial
uses may be permitted in locations that will serve
adjacent areas and/or through traffic and will be mutually
compatible with industrial activity. Major commercial
uses, such as supermarkets and shopping centers, shall not
be permitted. Any uses not expressly permitted are
prohibited, except those which are allowed as conditional
uses.
13.10 Permitted Uses
The following uses are permitted in the Mixed Industrial
and Commercial District.
13.101 Business, professional, and medical offices
/13.102 Light manufacturing
13.103 Research and testing laboratories
13.104 Printing, bookbinding, publishing and engraving
A3.105 Wholesale establishments
13.106 Storage and distribution facilities
13.107 Truck terminals
13.108 Contractors' and lumber yards not including retail
13.109 Equipment service and repair shops not including
retail
13.110 Catering and food delivery use.
13.111 Warehousing
13.112 Light manufacturing
13.20 Conditional Uses
The following uses may be permitted in the Mixed
Industrial and Commercial District as conditional uses by
the Board of Adjustment in accordance with the provisions
of Section 19.05.
13.201 Kennels and animal hospitals
13.202 Automobile and marine sales and service
13.203 Agriculture and construction equipment sales and
27
service
13.204 Rental of equipment and miscellaneous items
13.205 Automobile repair and service
13.206 Automobile rental
13.207 Taxi companies
13.208 Indoor and outdoor recreational facilities
13.209 Vocational instruction
13.210 Retail businesses (excluding shopping centers)
13.211 Hotels and motels
13.212 Standard and fast-food restaurants, coffee shops
13.213 Banks
13.214 Taverns, private clubs, and amusement arcades
13.215 Public utility power generating plants,
substations, and transmission lines. Review of
these facilities shall include an evaluation of
safety, aesthetics, noise, and availability of
alternate sites.
13.216 State and municipal facilities
13.217 Day care centers that serve more than six children
13.218 Rooming and boarding houses
13.219 Nursing and convalescent homes
13.220 Outside storage in connection with any conditional
use
13.221 Commercial agriculture
V-13.222 Equipment service and repair shops that include
retail
13.223 Contractor and lumber yards that include retail
13.30 Use Limitations
Uses granted under Sections 13.10 and 13.20 shall be
subject to the following limitations:
13.301 The maximum size of any use shall be limited
according to the traffic standards of Section
17.00. If the maximum permitted size for a use on
any lot is too small to allow reasonable activity
normally associated with that use, then the use
shall not be permitted on that lot.
13.40 Area, Density and Dimensional Requirements
In the Mixed Industrial -Commercial District all
requirements of Section 18.00 governing lot size, lot
coverage, frontage, and setbacks shall apply.
ARTICLE XIV
AIRPORT DISTRICT (AIR)
14.00 Purpose
An Airport District is hereby formed in order to allow
airport uses, support facilities, and specified other uses
that may directly relate to airport operations. Any uses
Im
14.1
14.
14
No Text