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HomeMy WebLinkAboutBATCH - Supplemental - 0089 Ethan Allen DriveAugust 7, 2014, Re: #SP-14-40 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning the above referenced application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sin rely, Raymond J. Belalr Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com ho southb-tirl i ngton PLANNING & ZONING APPLICATION FOR SITE ©Administrative ❑Development Review Board Permit Number SP- �/-V (office use only) 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(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #): 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): 3. APPLIC aii�g atr�t,���#): a� � 'InA f 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name. address, phone & fax #): 4a. CONTACT EMAIL ADDRESS:: �� 0—w 5. PROJECT STREET ADDRESS: q�4 �40�) 6. TAX PARCEL ID # (can be obtained at Assessor's Office): N�n 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com E 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): `TC V_(i- 7W 6� `K& i`(,7 fuels- lA S % T A&* s yj .c-4 A- 6cr , c d rn "-w b. Existing Uses on Property (including description and size of each separate use): S� 6 " ID f-V 0y /— c. Proposed Uses on property (include description and size of each new use and existing uses to remain): SKC Oi­QV c M d. Total building square footage on property (proposed buildings and existing buildings to remain): ' iSTI`* 6u"+'c,0tJ6- "M X4-/'-t.4-4\r-J e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): �` i .4✓ iI tAt ,0 ,W G- —7b (t-1-ru A-M f. Number of residential units (if applicable, new units and existing units to remain): IV &.oe. g. Number of employees (existing and proposed, note office versus non -office employees): h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Site Plan Application Form. Rev. 12-201 1 8. LOT COVERAGE Total Parcel Size: to Ft. a. Building: Existing % Proposed % b. Overall impervious coverage (building, parking, outside storage, etc) Existing % / Proposed % / c. Front yard (along each street) Existing % / Proposed % / d. Total area to be disturbed during construction (sq. ft.) sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): b. Landscaping: c. Other site improvements (please list with cost): 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): 11. PEAK HOURS OF OPERATION: '�; -- In Dili 12. PEAK DAYS OF OPERATION: 13. ESTIMATED PROJECT COMPLETION DATE: 14. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5)' regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the site plan must be submitted A site plan application fee shall be paid to the City at the time of submitting the site plan application in accordance with the city's fee (� schedule. �-� ,(0/'/ W / jam, IV %/l/e ,��/ ' Administrative site plan applications require three (3) regular sizes copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy. Site Plan Application Form. Rev. 12-2011 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information 7uestedas part of this application has been submitted and is accurate to the best of my knowledge.� TURE OF Do not write below this line 749 W 01IN ,PRINT NAME pterI"'l .0p 411f 6ce, DATE OF SUBMISSION: REVIEW AUTHORITY: 1J Development Review Board Administrative Officer I have reviewed this site plan application and find it to be: Compl Y The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Site Plan Application Form. Rev. 12-2011 . .......... i MA jr ---s �f t6 tl 40,�� 7- 5 � 89 Ethan Allen Drive Unit I Owner Name I Business Name Type of Business Contact ISQFTincl. jOnsiteIRLkn Mezzanine IStaff ISPaces A Todd Drolette Drolette Building Trade Facility 363-2663 4000 3 9 4000 other x .5 = 2 Staff (3) = 3 Total: 5 Construction droletteconstruction@myfairpoint.net n /`g p ov F4 B Mike Talbot 4 Bagger Building Trade Facility 372-6025 3570 3 2 3570 x .5 = 2 Staff (3) = 3 5 ^ Properties, LLC annmiketalbot@comcast.net C Lydia LaChance Reliant Electric Building Trade Facility 1 863-5513 1 3500 3 5 3500 x .5 = 2 Staff (3) 3 5 dan@reliantelectric.biz D Bob Peters PD Development E-Commerce 578-2729 ? 3, 515 3 r- rpeters@comcast.net 4 3450 x .5 = 2 Staff (3) = 3 5 LLC-Lakewind Construction r 735-2574 S ;517 3tj E Glenn & Ronalyn Bag Riders Storage, shipping 3 3500 x .5 = 2 Staff (3) = 3 5 Cummings SG e r- ronalyn@cummingselectric.com pc,r4c Pko-,�- Iwfisher@gmavt.net 1 Total Parking Spaces: 25 89 FTHAN ALLEN DR UNIT UNIT E PARKING REGS SPACES/1,000 SFGA RETAIL OFFICES AUTO REPAIR WAREHOUSE 740 725 21385 740 �- y �. ye- -- �- v 875 16'a 71v 0,0 fit/ 1805 0.5 Life Safety Systems Inc - Essex )nction, VT I Yelp Pagel of 2 yelp Life Safety Systems Inc Security Systems Ed,t a L rl cic eC. kP EMS, INC. 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Contact Information Phone: 802-879-5355 In Vermont: 1-800-649-9995 Fax: 802-879-4574 Licensed • Commerical • Residential Site Manager si http://www.lifesafetysystemsvt.com/about.nxg 7/22/2014 Unit E — Ground Floor 9 Offices 36S sf V-JarehOLISe Open to S25 sf Ground Floor 45' OlarehOL]Se 125 sf SO' ok � �— Unit D--Ground Floor Unit D — Mezzanine c we �f,bw r.o...,r ow•-rrsdL--= 3>a«ns o/rrE,ear,.,..y_ R neB,u,aaB --- .jzso�a Li ..�..>i «-_- ._ _��/•<�,,-.:�r ra`� }) � � i L Dea uineo oa < r u>i - 3TOR<FEa�+,a eurv✓ F c,c,r.' i � y!;k ��a) �'1 � i I �. 4�I 4 �,, a ee ze <,•. soL o'= g/. o90 si oa e�v<dcRe> =v y � igg - ,� � � IV.1 sw? � ` � SEau,aen d<rw� i � � r --• ttxrLu2 ir�c''�,, 1 � + r a,nee 30' ,o, •!fa'J V " �'F''JJ� 'S� �,r, j 1 � ( � _._-p c ,�.j �. a.G ' a �� RR<R /5' /9' / G•a) � 4 � I 3 I \ � � � I V� � � PLOUTV L/:EOULE y • VV.''�. y�B ✓ T Lw E ��� _ -. ♦ n Los /v' - _.. _ - .. __. .._ 1..1. tk 14 o I I Y', 3 Q _ .,aa B.r.�, •.B.>r.� eTNO L/ OLL E,(J L'.e/VE ..y„„ w ..eu lm.trm�r�na y 8, FRB.. Se n �.a • a, , , auWr W aa.enaima (rot i b �:nB � f1 '� x • V[PY al reuttab a of Y.mer aV , , � i re y __ Br.. r •. srrE Sq kcA �vEr MONT State of Vermont Department of Environmental Conservation Drinldng Water and Groundwater Protection Division Essex Regional Office in West Street Essex Junction, VT 05452-4695 www.septic.vt.gov May 6, 2014 89 Ethan Allen Drive Condo Assoc. c/o Ronalyn Cummings 65 Lakewood Court Colchester VT 05446 Agency of Natural Resources [phone] 802-879-5656 [fax] 8o2-879-3871 RE: WW-4-0038-2, amend WW-4-0038 just to update owners in multi- tenant commercial building, no changes located at 89 Ethan Allen Drive in South Burlington, Vermont. Dear Applicant: We received your completed application for the above -referenced project on May 5, 2014, including a fee of $150.00 paid by check #650. Under the performance standards for this program, we will have a maximum of 3o days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office. I have requested a refund in the amount of $50.00. The fee for a minor amendment is $1oo.00. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need.under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. If you submitted your application electronically through eDEC, your consultant will need to upload any revisions and send an email to Ernestine Chevrier, James Sandberg and the reviewer notifying us that you have resubmitted information. This email should reference both the eDEC number and the WW number for the project. For the Drinking Water and Groundwater Protection Division Ernestine Chevrier Regional Office Coordinator cc: South Burlington Planning Commission Greg Bombardier/Champlain Consulting Engineers Regional Offices — Barre/Essex Jet./Rutland/Springfield/St. Johnsbury PLANNING COMMISSION 6 SEPTEMBER 1988 PAGE 5 It was noted that 4 spaces on the Western border would be lost by making them regular instead of compact car spaces. 21 spaces would be lost by making them parallel instead of perpendicular. This results in 517 total spaces (or 617 counting the 100 contested spaces). Mrs. Maher stressed the difference between this lot and other lots of shopping centers. This is an old, ill -designed building, she said, one that pre -dates the new standards. Mrs. Maher then moved to continue the application until the next regularly scheduled meeting, 20 September 1988. Mr. Belter seconded. Motion passed 5-1 with Ms. Pugh opposing. 4. Site Plan applicationof Gary Riggs to construct a 9,000 sq. ft. building for storage/distribution use on Lot #17, Ethan Allen Drive Mr. Belter stepped down during this discussion. Mr. Riggs proposed a multi -use building with 4 or 5 units for small contractors. There will be 2 curb cuts. Mrs. Maher noted that landscaping is inadequate. Mr. Riggs said they have upped the total proposed to $6,006. They had calculated wrong before, Mrs. Maher said she would like to see a change in selection to include some real evergreens. Mr. Weith said parking is OK and there are sufficient hydrants. Mr. Riggs said they comply with drainage requirements and depressed curbs are now shown on the plan. Ms. Peacock moved the Planning Commission approve the site plan application of Gary Riggs for construction of a 5 unit, 11,250 sq. ft. building for storage/distribution uses as de- ip cted on a plan entitled "Storage/Distribution Facility, Ethan Allen Drive, lot No. 17" prepared 12y Graphic/Construc- tion Management Services, Inc, dated 9/l/87, revised 7/29 88 and 9/6/88 with the following stipulations: 1. The landscaping bond shall be in the amount of $6,600 and shall be for a 3-year period. The revised landscaping plan shall be submitted to and approved 12y the City Planner. 2. The plan shall be revised prior to permit to show the following: a. The proposed Dwarf Juniper located outside of the pro- posed future parking space area b. A note indicating that site drainage shall be toward Commerce Avenue to thesouth PLANNING COMMISSION 6 SEPTEMBER 1988 PAGE 6 c) the entrance drive to the south having a depressed concrete curb 3. The building permit shall be obtained within 6 months or this approval is null and void. Mrs. Maher seconded. Motion passed unanimously. 5. Discussion with Pomerleau Real Estate concerning various city policies in particular traffic regulations and future plans for Shelburne Rd. and a Southern Connector, and how these relate to potential development of the 40-acre parcel on Shelburne Rd. Ernie Pomerleau explained they have owned the property in question for 20 years. He located the property on a map of the area. He noted they proposed a concept a few years ago and were asked to table it and to come in with a master plan for the area. He stressed they are not looking at an enclosed mall but would be proposing multi -use, primarily retail. They are seeking the Commission's input on traffic and understand a Southern Connector Extension would be 10 years away at best. The JHK study said that intersection improvements would make their project OK. He asked under what guidelines the Commission would review a project on their land. The Commission asked about the possibility of access from the north. Mr. Pomerleau said there will be no access from Pine St. which will be dead -ended and that they don't own the land to the north. Mrs. Maher asked, in jest she noted, whether there was anything that could go in there that would make the intersection no worse than it is now. She said she would prefer something not at the upper reaches of density and would prefer a combination of retail, office use and residential apartments, even some affordable housing. She felt there could be a mini -community there. She specif- ically did not want to see a large department store or a super market. Mr. Pomerleau asked how far a traffic study should go. Mr. Burgess said they usually get figures for 1, 3, and 15 years. Mr. Weith said he would like a figure for full build -out of the parcel. It was noted that the erosion issue would be important. Mr. Pomerleau asked if level "C" is a requirement or whether they could just improve the intersection. The Commission said it could be a combination of what the developer doesn't make worse and what it can improve VErMONT State of Vermont Department of Environmental Conservation Agency of Natural Resources WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED 10 V.S.A. Chapter 64, Potable Water Supply and Wastewater System Permit Wastewater System and Potable Water Supply Rules, Effective September 29, 2007 Chapter 21, Water Supply Rules, Effective December 1, 2010 Landowner(s):_ 89 Ethan Allen Drive Condo Assoc. Permit Number: WW-4-0038-2 c/o Ronalyn Cummings PIN: EJ04-0143 65 Lakewood Court Colchester VT 05446 This permit affects property identified as follows and referenced in a deed recorded in the Land Records in South Burlington, Vermont: Town Tax Parcel ID # # South Burlington Deed Book Deed Page o640-00089.001 749 510-521 o640-00089.002 819 572-582 o640-00089.003 896 273-274 o640-00089.004 946 208-225 o640-00089.005 669 531-541 This project, consisting of an administrative amendment to Permit #WW-4-0038-1 to update owners in a multi -tenant commercial building, no changes, maximum of 14 employees total in the building, served by existing municipal water supply services and municipal wastewater disposal services located on 89 Ethan Allen Drive in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. 1. GENERAL 1.1 The project shall be completed as described in the application prepared by Gregory Bombardier, P.E. The project shall not deviate from the approved proposal without prior written approval from the Drinking Water and Groundwater Protection Division. (No Plans) 1.2 This permit does not relieve the landowner from obtaining all other approvals and permits PRIOR to construction including, but not limited to, those that may be required from the Act 25o District Environmental Commission; the Drinking Water and Groundwater Protection Division; the Watershed Management Division; the Division of Fire Safety; the Vermont Department of Health; the Family Services Division; ,other State departments; or local officials. 1.3 The conditions of this permit shall run with the land and will be binding upon and enforceable against the landowner and all assigns and successors in interest. The landowner shall record and index this permit in the South Burlington Land Records within thirty, (3o) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 1.4 All conditions set forth in Permit Number WW-4-0038-1 shall remain in effect except as amended or modified herein. This project is approved for the existing commercial building on Lot 17. Regional Offices — Barre/EssexJct./Rutland/Springfield/St. Johnsbury ester System and Potable Water SL_ )y Permit ,-4-0038-2 -,,age2Of2 1.5 Construction of additional nonexempt buildings, including commercial and residential buildings, is not allowed without prior review and approval by the Drinking Water and Groundwater Protection Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. No construction is allowed that will cause non-compliance with an existing permit. 1.6 Each purchaser of any portion of the project shall be shown a copy of the Wastewater System and Potable Water Supply Permit and the stamped plan(s), if applicable, prior to conveyance of any portion of the project to that purchaser. 1.7 By acceptance of this permit, the landowner agrees to allow representatives of the State of Vermont access to the property subject to this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes, regulations, and permit conditions, including performing an inspection of the wastewater disposal and water supply systems serving the/each structure. 1.8 Any person aggrieved by this permit may appeal to the Environmental Court within 3o days of the date of issuance of this permit in accordance with 10 V.S.A. Chapter 22o and the Vermont Rules of Environmental Court Proceedings. David K. Mears, Commissioner Department of Environmental Conservation BY Dated May 8, 2014 Jessa ne Wyman, Regio 1 Engineer Essex Regional Office Drinking Water and Groundwater Protection Division cc South Burlington Planning Commission Greg Bombardier Act 25o District Environmental Commission-4Co643 Department of Public Safety, Division of Fire Safety Impact Fee Calculation for New Non -Residential Construction €. A Project Name B Effective Date v— P C D E F G H I J K L Type of use Type of construction Value of construction per square foot from Appendix 1 Total square feet of new construction Total value of new construction E x F �,006 Above in units of$1,000 G / 1000 '? Existing land value [ 4do Grand fist Above m units of$1,000 t I / 1000 Total value of site and improvements after construction _ G + I Above m units of $1,000 r f. K / 1000 ROAD IMPACT FEE M Base road impact fee per VTE N Estimated PM peak hour VTEs O Base road impact fee P Credit per $1,000 (Table RD-5) for past payments Q Credit for past payments R Credit per $1,000 (Table RD-6) for future payments S Credit for future payments T Total road impact fee FIRE PROTECTION FEE Estimated post construction value of structure and contents U in units of $1,000 V Base fire protection impact fee Credit per $1,000 of land value Q) for past tax payments W (Table FP-4) X Total credit applicable to project for past tax payments Post -construction value of structure and land excluding Y contents Z Above In units of $1,000 Credit per $1,000 of post -construction value for future tax AA pmts (Table FP-5) AB Total credit applicable to project for future tax payments AC Total fire protection impact fee TOTAL ROAD AND FIRE IMPACT FEE $144.56 /01I .(� MxN xP JxR -Q -S H x 1.875 $0.87 x U From FP-4 WxJ G + I Y / 1,000 From FP-4 AAxZ V-X-AB Calculation sheets.xls CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 3, 20o6 Glenn Cummings 65 Lakewood Court Colchester, VT 05446 Re: 89 Ethan Allen Drive Dear Mr. Cummings: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the Administrative Officer on January 3, 20o6. If you have any questions, please contact me. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. X - izc�z Permit Number SP- CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) / WNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) low". — /� ana %,/.n �u..�., .�.�,.•.� r i&' lahv ww' / C 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) 150 ,rn P 4) CONTACT PERSON (Name, mailing 4 ' I& hem ✓ Ck G 5) PROJECT STREET ADDRESS: • /c.0 01/in phone and fax #) 6) TAX PARCEL ID # (can be obtained at Assessor's Office) r' 1 v 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) 9 clae- b) Proposed Uses on property, (include description and size of each new use and existing uses to remain) t-!9 n (fie 4A1%,«'ilNLIrIC raw ai ?NZAe.✓ 6e44iw ei rtax !y. S- 3, s-oo sg 15111 c) Total building square footage on property (proposed buildings and existing buildings to remain) d) Height of building & number of f1pors (�roposed buildings and existing buildings to remain, specify if basement and mezzanine) 9 Lr l 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): I? — n Wi /S, 17- rinA —oR- Ict 1 r g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8) LOT COVERAGE a) Building: Existing i % Proposed 31 % b) Overall (building, parking, outside storage, etc) Existing M % Proposed S3�$_'%p c) Front yard (along each street) Existing_% Proposed 9) COST ESTIMATES go �6 a) Building (including interior renovations): $ b) Landscaping: $ ovo,dy 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: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 14) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). E 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 A fr, SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION:] D S REVIEW AUTHORITY: Development Review Board b b I have reviewed this site plan application and find it to be: 6)e IncI Y/ (0 Q- om lete V D J ireftor of Planning & Zoning or Designee ` Date 3 RI N N, J 7—w-- — 's `7 AT .3 10 1 VIC, N a 301 + A-t- .4 �X 4 t7ea4lll2oo lleoul 0'.- llkWA'r 40 40 '6or x _5412'e' 'e, - fl, n40 :50- e'x .4, w'ffo r"4 OAV lzv 0," < "k Al A� :4) t - v - ,e7'Ay4,41 .44 O/z Ile _Od; 10 Al P JXJ 7-144', XICI 7��6: 1A.1 IZO,6r eA4,V 04.4"r W",p - v - ,e7'Ay4,41 .44 O/z Ile _Od; 10 Al P JXJ 7-144', XICI 7��6: 1A.1 IZO,6r eA4,V 04.4"r W",p r.04 11g0 Ag IfffAW"eP "w-Woo 4me AW~ A04s v,". "" v IwAw' 'Aow� �50 'Afflo r'p; rIA, yr ^4_ ,•^GtlNbGNaffikt1M PLAN FpR 1, Glenn I%Vtiq, a lirAnsed engineer in the State Certify ottNN %be pia. entitled J�agijjty�' dpAv4)hv. 5-tl -A" t 2S. 1989� do" fully and ­ouvtaly 440itt the uni sueber and diftnalcAl (to tbs ne"s-t inch) &Jr bilf.Thi. 4? is an accurate copy of the pl,ave of the bu,114" 84 filed With, and 4p pv—d by the CUy of South Berl Lftn. e94 VU. State Of V----t - 4/11 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 12, 1993 Gary Riggs 89 Ethan Allen Drive South Burlington, Vermont 05403 Re: Landscaping @89 Ethan Allen Drive Dear Mr. Riggs: ZONING ADMINISTRATOR 658-7958 A recent inspection of your property located at 89 Ethan Allen Drive revealed that the landscaping is not in compliance with your approved site plan. Ten (10) White Cedar are either dead or missing, only nine (9) of the required 32 shrubs have been planted and one (1) Norway Maple is missing. Please contact me at your earliest convenience to discuss a timetable for planting the missing trees and shrubs. Since ely, Raymo, d J. Belair, Zoning and Planning Assistant RJB/mcp Stateof Vermont CASE NO APPLICANT ADDRESS LAND USE PERMIT AMENDMENT 4C0643-8A LAWS/R.EGULATIONS INVOLVED Gary Riggs 10 V.S.A. §§ 6001 - 6092 (Act 250) 4661 East Bakersfield Road Enosburg Falls, VT 05450-9006 District Environmental Commission #4 hereby issues Land Use Permit Amendment 4C0643-8A, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6092. This permit amendment applies to the lands identified in Book 148, Page 225, of the land records of the City of South Burlington, Vermont, as the subject of a deed to Gary Riggs, the Permittee as Grantee. This permit specifically authorizes the Permittee to the as -built construction of a 2,250 s.L addition to an existing and previously -permitted (LUP #4C0643-8) 9,000 s.f. storage/distribution building on Lot #17 of Ethan Allen Industrial Park. The project is located at 17 Ethan Allen Drive in the City of South Burlington, Vermont. The project is subject to Act 250 jurisdiction because the project is a material or substantial change to a development over which the Commission has jurisdiction and thus constitutes "development" pursuant to EBR 2(A)(5). Accordingly, a land use permit amendment is required pursuant to EBR 34. The Permittee, and his assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: All conditions of Land Use Permit #4C0643 and amendments are in full force and effect except as amended herein. By acceptance of this permit, the Permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. The project shall be completed, operated and maintained in accordance with the plans and exhibits on file with the District Environmental Commission, and the conditions of this permit. 4. The approved plans are: Sheet 1 - "Site Plan," dated September 1, 1987, last revision April 6, 2004; and Sheet A2 - "Floor Plan and Front Elevation," dated March 23, 1988, last revision April 6, 2004. 5. No changes shall be made in the design or use of this project without the written approval of the District Coordinator or the Commission, whichever is appropriate under the Environmental Board Rules. 6. Pursuant to EBR 51(G), the permit application and material representations relied upon during the review and issuance of this permit by the District Commission shall provide the basis for Land Use Permit #4C0643-8A Page 2 of 3 determining future substantial and material changes to the approved project and for initiating enforcement actions. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the pen -nit, as provided by 10 V.S.A. §§ 6001-6092 and the rules of the Environmental Board. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. The project is approved for the following maximum impacts: 6 - vehicle parking spaces; 195 - gallons per day of water and wastewater; 10.7 - average vehicle trips per day; and 3.4 - PM peak hour vehicle trips. 10. This permit hereby incorporates all of the conditions of the following Agency of Natural Resources Permit: • Water Supply and Wastewater Disposal Permit #WW-4-0038-1 issued on May 7, 2004 by the Wastewater Management Division; Any subsequent nonmaterial changes to this permit shall be automatically incorporated herein upon issuance by the Agency of Natural Resources. Subsequent amendments involving material changes to the Act 250 permit shall not be constructed prior to review and approval of the District Coordinator or the District Commission under applicable Environmental Board Rules. 11. The building approved herein is not approved for any manufacturing use or the on -site disposal of any process wastes. The Permittee shall apply and receive amended approval from the District Commission for any change in the use of the buildings which involves the storage or handling of any regulated substances or the generation of hazardous wastes. 12. The Permittee and all subsequent owners or lessees shall install and maintain only low -flow plumbing fixtures in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. 13. In addition to conformance with all erosion control conditions, the Permittee shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the requirements of this condition does not absolve the permittee from compliance with 10 V.S.A. §§ 1250-1284, Vermont's Water Pollution Control Law. 14. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #7 (Site Plan) by replacing any dead or diseased plantings within the season or as soon as possible after the ground thaws, whichever is sooner. Land Use Permit #4C0643-8A Page 3 of 3 15. The Permittee shall not erect exterior signage or lighting in conjunction with this Project without first obtaining approval from the District Commission. Signage includes banners, flags, and other advertising displays, excepting temporary real estate marketing signs. 16. Energy design and construction shall include custom energy measures if found cost-effective on a life -cycle -cost basis. Any design or equipment features that do not comply with the 2001 Vermont Guidelines, or any custom measures not installed, shall be brought promptly to the attention of the Department of Public Service for comment, and to the District Commission for approval, prior to construction. 17. The installation and/or use of electric resistance space heat is specifically prohibited without the prior written approval of the District Environmental Commission. 18. No further subdivision, alteration, and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission. 19. The Permittee shall reference the requirements and conditions imposed by Land Use Permit #4C0643-8A in all deeds of conveyance and leases. 20. Pursuant to 10 V.S.A. § 6090(b) this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. Notwithstanding any other provision herein, this permit shall expire three years from the date of issuance if the Permittee has not commenced construction and made substantial progress toward completion within the three year period in accordance with 10 V.S.A. § 6091(b). 21. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A. § 6090(c). Dated at Essex Junction, Vermont, this 10 Members participating in this decision: Gene Richards Kate Purcell day of 2004. By: Michael Flaherty, Acting Ch it in this matter District #4 Environmental Commission The applicant or a party may file a motion to alter within 15 days from the date of this decision, pursuant to Environmental Board Rule 31. Any appeal of this decision must comply with all provisions of 10 V.S.A. §6089 and Environmental Board Rule 40 including the submission of the original and ten copies of the following: notice of appeal, a statement of why the appellant believes the commission was in error, a statement of the issues to be addressed in the appeal, a summary of the evidence that will be presented, a preliminary list of witnesses and this decision. Decisions on minor applications may be appealed if a hearing was held by the district commission or timely requested by the appellant. W:\Act250\DIST4\PROJECTS\4CO643\4CO643-8A.pmt EX: E X H I B I T N 0. HIBIT LIST FOR DATE R E C E I V E D ?APPLICATION #4C0643-8A Page 1 E A = Applicant N T = Town T EC = Environmental Conservation E RPC = Regional Planning Commission R ANR = Agency of Natural Resources E AOT = Agency of Transportation D DPS = Department of Publi S Q B Y c er V %.=M VDH = Vermont Department of Health DP = Division for Historic Preservation WMD = Wastewater Management Division Nature of Exhibit and Date Entered 1 04/07/04 A Letter by Gary Riggs, Re: Description of project (04/07/04) 2 44 11Act 250 Land Use Permit - Application Cover Sheets 3 Schedule A - Fee Information 4 44 99Schedule E - Adjoiner Information 5 64 99Schedule F - Certification of Service .& Notice of Application 6 64 91Schedule B - Short Form - Response tothe 10 Criteria & Subcriteria 7 6CPlan: Site Plan, (04/06/04) 8 94Plan: Floor Plan & Front Elevation, #A2 (04/06/04) W:4C0643-8A.ex1ist.bc CERTIFICATE OF SERVICE I hereby certify on this 10day of May, 2004, a copy of the foregoing ACT 250 LAND USE PERMIT #4C0643-8A, was sent first class mail, postage prepaid to: PARTIES: Gary Riggs 4661 East Bakersfield Road Enosburg Falls, VT 05450-9006 Donna Kinville, City Clerk Chair, City Council/Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 Elizabeth Lord, Land Use Attorney Agency of Natural Resources 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 FOR YOUR INFORMATION District #4 Environmental Commission Michael Flaherty, Acting Chair/Gene Richards/Kate Purcell 111 West Street Essex Junction, VT 05452 Ernie Christianson, Env. Analyst V ANR, 111 West St. Essex Jct., VT 05452 Michael Pologruto Technical Services, VTrans National Life Building, Drawer 33 Montpelier, VT 05633 Dated at Essex Junction, Vermont, this 10 day of May, 2004. w:4C0643-8A.cs.cc stine ommo, A mimstrative Secretary 879-5660 State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 16, 2002 Case Number: WW-4-0038-1 PIN: EJ04-0143 Landowner: Gary Riggs Address: P.O. Box 4661 Enosburg Falls, Vt 05450 This project, consisting of amending Permit #WW-4-0038 for the as -built expansion of the commercial building with a maximum occupancy of 14 employees on Lot #17 served by municipal water and wastewater services 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. This does not constitute approval under Act 250 case number 4C0643. 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor & Industry — telephone (802) 828-2106 or (802) 879-2300 and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the plan "Site Plan" dated 9-1-87 last revised 4- 6-04 prepared by Graphic Services that has been stamped "approved" by the Wastewater Management Division. 3. The project shall not deviate from the approved plans in a manner, which would change, or affect the exterior water supply or wastewater disposal, building location or the approved use of the building without prior review and written approval from the Wastewater Management Division. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within thirty, (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. All conditions set forth in Permit #WW-4-0038 shall remain in effect except as modified or amended herein. Wastewater System and Potable Water Supply Permit WW-4-0038-1 Gary Riggs Page 2 6. The Wastewater Management Division now reviews the water and wastewater disposal systems under 10 V.S.A., Chapter 64 — Potable Water Supply and Wastewater System Permit. 7. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations. Dated at Essex Junction, Vermont on May 7, 2004. Jeffrey Wennberg, Commissioner Department of Environmental Conservation By ' Ernest Christianson Regional Engineer C For the Record South Burlington Planning Commission & Select Board Act 250 District Environmental Commission Department of Labor & Industry Lamoureux & Dickinson Consulting Engineers, Inc. Graphic Services AGENCY OF NATO' RESOURCES (ANR) AND ENVIRONME PL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE -APPLICATION REVIEW RESPONSE DATE P�NDIVG APPLICATION # DISTRICT 4 6, or 9_ TOWN _ �a ��� dc. PIN # 014- OWNER OF PROJECT SITE: NAME:. (� Lwf c-. ADDRESS: PO C�r� 4&& r C, �ctr Q le4 TELEPHONE: Project Name: � o4 it APPLICANT OR REPRESENTATIVE: NAME: ADDRESS: TELEPHONE: Based on a written or oral request and/or information provided by A'k ecx ,'iA plv Cr,sVved on L/ S-'��% a project was reviewed on a tract/tracts of land of acres, l� d on 6,, (n=% ti The project is generally described as: U I C"V�✓1.11\ice. �, � IJL-- � IA-wivl � C' : (fit \ tJ.'�':t'Y S ...� `-t-� ,.....� �.1��;.ylC_ ��L�� � � "�`�- � , Prior Permits From This Office: O G U1 PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION [ ] I hereby request a jurisdictional opinion from the District Coordinator or Assistant District Coordinator regarding the jurisdiction of 10 V.S.A. Chapter 151 (Act 250) over the project described above. Jeff McMahon Permit Specialist 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LANDOWNERIAGENT, OR OTHER PERSON. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal project? Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: YES NO; Copies sent to Statutory Parties: YES .X NO BASIS FOR DECISION: SIGNATURE: SSA DATE: Z 1 v�� ADDRESS: Environmental Commissions Districts #4, 6 & 9 Dist ict Coordinator Telephone: 802 879-5614 111 West Street, Essex Junction, VT 05452 G WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED YES NO '?� Wastewater System & Potable Water Supply Permit Notice of Permit Requirements EPR 1-403 _Floor Drains to a UIC well REGIONAL ENGINEER ASSIGNED: Ernest Christianson (879-5675), Jessanne Wyman (879-5673), William Zabiloski (879-5672) Dolores LaRiviere (879-2341) SIGNATURE. DATE: ADDRESS: Agency of Natural Resources _7,,y Environmzlhtlssistance Division, Permit Specialist, 802 879-5676 Dept. of Environmental Conservation Wastewater Management Division, Telephone: 802 879-5656 111 West Street, Essex Junction, VT 05452 OVER»»»»» THIS IS A PRELIMINARY, NON-13h._i G DETERMINATION REGARDING OTHERIPERMITS WHICH YOU PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATEn MIA 1 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: Discharge Permit; pretreatment permits; industrial, municipal P Indirect Discharge Permits Residuals Management 4. AIR POLLUTION CONTROL DIVISION, ANR (888 520-4879) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Ins talla don Open al Burning — W� Chip Burners (>90 HP) Process Air Emissions _Diesel Engines (>450 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) (800 823-6500 in VT) Contact: New Hydrants >500, of waterline construction Community Water System CWS Transient Non -Community water system (TNC) Capacity Review for Non -transient non -community wateVr systems (NTNC) 6. WATER QUALITY DIVISION, ANR STORMWATER PERMITS (Hotline 802 241-4320) Contact Stephanie Lanphear River Management (241-3770) Construction General Permits > 1 AC of disturbance. Shoreland encroachment (241-3777) Steve Hanna Stormwater from new development or redevelopment sites Wetlands (241-3770) Multi -Sector General Permit (MSGP) industrial activities with exposure Stream Alteration / Section 401 Water Quality Certificate / Stream Crossing Structures (751-0129/879-5631R86-5906) 7. WASTE MANAGEMENT DIVISION, ANIR Hazardous Waste Handler site ID (241-3888) Contact: Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Underground Storage Tanks (241-3888) Disposal of inert waste, untreated wood & stumps (241-3444) Asbestos Disposal (241-3444) Waste oil burning (241-3888) Composting Facilities (241-3444) Used septic system components/stone 8. FACILITIES ENGINEERING DIVISION, ANR Dam operations (greater than 500,000 cu. ft.)(241-3451) Contact: State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) Contact: SMALL BUSINESS AND MUNICIPAL COMPLIANCE ASSISTANCE RECYCLING HOTLINE (1-800-932-7100) Contact: Judy Mirro or John Daly (1-800_g74-9559) Contact: 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Nongame & Natural Heritage program (Threatened & Endangered Species) Contact: Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office,�'7%—�Z 3 -oc Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities AC) ntact: Storage of flammable liquids, explosives Plumbing in residences served by public water/sewer with 10 or more customers B Gas Storage Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification (Phil Cornock) Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Child care facilities (1-800 649-2642) Contact: Nursing Homes (241-2345) Residential care homes (241-2345) (Dept. of Aging & Disabilities ) ( ) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION 2653 Access to state highways (residential, commercial 828 Contact: Signs (Travel Information Council) (828-2651) Junkyards (828-2053) Development within 500' of a limited access highway (828-2653) Railroad crossings (828-2710) Airports and Landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE (800 675-9873) Use/sale of pesticides (828-2431) Contact: Milk processing facilities (828-2433) Slaughterhouses, poultry processing (828-2426) Golf courses (828-2431) Animal shelters/pet merchant/livestock dealers (828-2421) Green Houses/Nurseries (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) _ Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. VERMONT ENERGY CODE ASSISTANCE CENTER TOLL FREE 888-373-2255 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211 VT Building Energy Standards 18. DEPARTMENT OF LIQUOR CONTROL 1-800-832-2339 ) Historic buildings Archeological sites ( ) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle <ZZPlOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS)nchise tax/solid waste 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, 8 Carmichael St.,Suite 205, Essex Junction, VT 05452 (802) 872-2893 24. OTHER: Sections #3424 above have been completed by Permit Specialist `,r� 1L�4��4� v c '1 Copies have been mailed to: ' ` Date: �(_ �L__y I may be reached at REVISED 2104 State of Vermont r. Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conervation State Geologist RELAY SERVICES FOR HEARING IMPAIRED 1-800-253-0191 TDD>VOICE 1-800-253-0195 VOICE>TDD April 9, 2004 Gary Riggs R R. #2 Box 4661 East Bakersfield Road Enosburg Falls Vt 05450 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, VT 05452 Telephone: (802) 879-5656 RE: WW-4-0038-1, Lot #17 Belter Industrial Park Permit as builts for an existing 2250 square foot addition on Lot #17. No increase in flows, Ethan Allen Drive in the City of South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on April 8, 2004, including a fee of $37.00 paid by check #1736. Under the performance standards for this program, we have a maximum of 30 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Division of Wastewater Management Ernestine Chevrier Regional Office Coordinator cc: South Burlington Planning Commission Andy Rowe/Lamoureux & Dickinson Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury ACT 250 NOTICE MINOR APPLICATION #4C0643-8A 10 V.S.A. §§ 6001-6092 Notice is hereby given that on April 7, 2004, an application was filed by Gary Riggs, 4661 East I Bakersfield Road, Enosburg Falls, VT 05450-9006, for a project generally described as: The as -built construction of a 2,250 s.f. addition to an existing and previously -permitted (LUP #4C0643-8) 9,000 s.f. storage/distribution building on Lot #17 of Ethan Allen Industrial Park. The project is located at 17 Ethan Allen Drive in the City of South Burlington, Vermont. The District 4 Environmental Commission will treat this application under Environmental Board Rule 51 -- Minor Applications. A proposed permit has been prepared by the Commission and is available at the Commission's office. Findings of Fact and Conclusions of Law will not be prepared unless a public hearing is requested in writing or the Commission holds a hearing on its own motion. The written request for a hearing must state the criteria or subcriteria at issue, why a hearing is required and what evidence will be presented at the hearing pursuant to Environmental Board Rules 14 and 51(B)(3)(d). No hearing will be convened unless a party submits a written request to the Commission on or before Thursday, April 29, 2004, or the Commission sets the matter for hearing on its own motion. Prior to convening a hearing, the District Commission shall determine that substantive issues requiring a hearing have been raised pursuant to Environmental Board Rule 51(D). Parties entitled to participate are the municipality, the municipal planning commission, the regional planning commission, state agencies, adjoining property owners, and persons granted party status pursuant to Environmental Board Rule 14(B). Dated in Essex Junction, Vermont, this day of April, 2004. By <�,V�' -1�� Stephanie A. Hesson Environmental Board District #4 Coordinator 111 West Street Essex Junction, VT 05452 T/ 802.879.5662 E/ stephanie.hesson@anr.state.vt.us W:\Act250\DIST4\PROJECTS\4CO643\4CO643-8A.not This is a DRAFT permit; please submit any written comments or corrections by Thursday, April 29, 2004 to: Stephanie Hesson, District #4 Coordinator, 111 West Street, Essex Junction, VT 05452. A permit will NOT be issued by the District Commission until the following information is received: 1) Water Supply and Wastewater Disposal Permit issued by the ANR-DEC W Management Division AMENDMENT CASE NO 4C0643-8A LAW,-SWG APPLICANT Gary Riggs 10 L11 ADDRESS 4661 East Bakersfield Road Enosburg Falls, VT 05450-9006 District Environmental Commission #4 hereby issues Land Us endment 4C0643-8A, pursuant to the authority vested in it by 10 V.S.A. §§ 6001 92. amendment applies to the lands identified in Book 148, Page 225, of the land records f the Ci urlington, Vermont, as the subject of a deed to Gary Riggs, the Permittee as QX,,giw This permit specifically authorizes the Perm' ,�e �o t " "p,constr ion of a 2,250 s.f. addition to an existing and previously -permitted ;#4C06 X rage/distribution building on Lot #17 of Ethan Allen Industrial Park. e projec locate s'° than Allen Drive in the City of South Burlington, Vermont. The project is subject to Act 250 development over which the Co . EBR 2(A)(5)-ccordingly,d" fiction bey ` e the pro : t is a material or substantial change to a on has J o thus constitutes "development" pursuant to permit t is required pursuant to EBR 34. WI in interest, are obligated by this permit to complete, ffitr by the District Commission in accordance with the t #4C0643 and amendments are in full force and effect except ermit, the Permittee agrees to allow representatives of the State of property covered by the permit, at reasonable times, for the purpose of e with Vermont environmental and health statutes and regulations and ect shall be completed, operated and maintained in accordance with the plans and on file with the District Environmental Commission, and the conditions of this permit. 4. The approved plans are: Sheet 1 - "Site Plan," dated September 1, 1987, last revision April 6, 2004; and Sheet A2 - "Floor Plan and Front Elevation," dated March 23, 1988, last revision April 6, 2004. Land Use Permit #4C0643-8A Page 2 5. No changes shall be made in the design or use of this project without the written approval of the District Coordinator or the Commission, whichever is appropriate under the Environmental Board Rules. 6. Pursuant to EBR 51(G), the permit application and material representations relie = on during the review and issuance of this permit by the District Commission sha rovi a basis for determining future substantial and material changes to the pproved, for initiating enforcement actions. 7. The District Environmental Commission maintains the permit and may periodically require that the pei project is being completed, operated and maintaine as provided by 10 V.S.A. §§ 6001-6092 and the rul By acceptance of the conditions of this permit that the conditions of this permit shall run with will be binding upon and enforceable against tI interest. 9. The project is approved for the follow` 6 - vehicle parking spaces; # - gallons per day of water and ew, 10.7 - average vehicle trips peg and 3.4 - PM peak hour vehicle 10. This permit hereby inp' t o Wtes all Resources Permit -, ME R2 Ma;T,, • with the F -e confirms and agrees herein permitted, and k-and successors in of the following Agency of Natural Permit #WW-4-# issued on (date) by the Any,t'bsuanuc al changes to this permit shall be automatically incorporated herein d of Natural Resources. Subsequent amendments involving material ges to the Ac5 enit shall not be constructed prior to review and approval of the District Coordinator. he District Commission under applicable Environmental Board Rules. I n The building app oved herein is not approved for any manufacturing use or the on -site disposal 3��� of any proces -wastes. The Permittee shall apply and receive amended approval from the District WIPComma for any change in the use of the buildings which involves the storage or handling of }regulated substances or the generation of hazardous wastes. 12. The Permittee and all subsequent owners or lessees shall install and maintain only low -flow plumbing fixtures in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. 13. In addition to conformance with all erosion control conditions, the Permittee shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the Land Use Permit #4C0643-8A Page 3 14. 15 101 17 W 19 20. requirements of this condition does not absolve the permittee from compliance with 10 V.S.A. §§ 1250-1284, Vermont's Water Pollution Control Law. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit # (Site Plan) by replacing any dead or diseate antings within the season or as soon as possible after the ground thaws, whic r is e years from the date of issuance if the Permittee has not bstantial progress toward completion within the three year 1 \` § 6091(b). fthe above conditions may be grounds for permit revocation pursuant this day of Members participating in this decision: Gene Richards Kate Purcell 2004. By: Michael Flaherty, Acting Chair in this matter District #4 Environmental Commission Land Use Permit #4C0643-8A Page 4 The applicant or a party may file a motion to alter within 15 days from the date of this decision, pursuant to Environmental Board Rule 31. Any appeal of this decision must comply with all provisions of 10 V.S.A. §6089 and Environmental Board Rule 40 including the submission of the original and ten copies of the following: notice of appeal, a statement of why the appellant believes /that ission was in error, a statement of the issues to be addressed in the appeal, a summary of evwill be presented, a preliminary list of witnesses and this decision. Decisi ns on mi may be appealed if a hearing was held by the district commission or tim quest , : pellant. W:\Act250\DIST4\PROJECTS\4C0643\4C0643-8A.pmt CERTIFICATE OF SERVICE I hereby certify on this 9`h day of April, 2004, a copy of the foregoing ACT 250 MINOR NOTICE APPLICATION # 4C0643-8A, was sent first class mail, postage prepaid to: PARTIES: Gary Riggs R2, Box 4661 East Bakersfield Road Enosburg Falls, VT 05450 Donna Kenville, City Clerk Chair, City Council/Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 Elizabeth Lord, Land Use Attorney Agency of Natural Resources 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 FOR YOUR INFORMATION District #4 Environmental Commission Michael Flaherty, Acting Chair/Gene Richards/Kate Purcell 111 West Street Essex Junction, VT 05452 NRCS, District Conservationist/USDA Soils Conservation Service 600 Blair Park Road, Suite 230 Williston, VT 05495 Tom Bushey, District Supervisor, N.R.C.D. 48 Bushey Road Shelburne, VT 05482 County Forester/Agency of Natural Resources 111 West Street Essex Junction, VT 05452 John M. Austin/ANR, Dept. of Fish & Wildlife 5 Perry Street, Suite 40 Barre, VT 05641-4266 t 1 j Page 2 COS #4C0643-8A Burlington Free Press/Classified Ad Section 191 College Street Burlington, VT 05401 Christopher Owen/Vt. Dept. of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 Green Mountain Power Corporation 163 Acorn Lane Colchester, VT 05446 !' Michael Russom/Vermont Gas Systems PO Box 467 Burlington, VT 05402 Division for Historic Preservation National Life Building, Drawer 20 Montpelier, VT 05620 Michael Pologruto, Technical Services/VTrans National Life Building, Drawer 33 Montpelier, VT 05633 Marian White, Policy Analyst/Dept. of Agriculture, Food & Markets 116 State Street, Drawer 20 Montpelier, VT 05620-2901 Dan Gaherty/Efficiency Vermont 255 South Champlain Street Burlington, VT 05401 Michael Barsotti, Water Quality Director Champlain Water District 403 Queen City Park Road South Burlington, VT 05403 ADJOINING LANDOWNERS On File at District Commission Office Dated at Essex Junction, Vermont, this 9' day of April, 2004. /60, arJ. Cady, Dif O C IT, hiefKrk, 879-565670 LETTER OF CREDIT AGREEMENT THIS AGREEMENT, in triplicate, by and between Cary J. Riggs , hereinafter referred to as "Developer", the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality", and Vermont National Bank , hereinafter referred to as "Bank". W I T N E S S E T H WHEREAS, Developer has received site plan approval from the Municipality's Planning Commission for the construction of a 11,500 Sq. Ft. Storage/Distribution Building lding as depicted on a plan entitled Cary Riggs, Revised #2 , dated 8/8/89 , prepared by Graphic Services , and WHEREAS, Developer is required by said approval, at its own expense, to complete certain public improvements; and WHEREAS, the parties to this agreement wish to establish a mechanism to secure the obligations of the Developer as set forth above, and WHEREAS, the bank executes this agreement solely in the capacity of issuer of the Letter of Credit hereinafter specified. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will at its own expenses complete the following improvements in connection with its development: (Description of public improvements required by subdivision approval) ---- Landscapinq ------------------------------------------------------------------ ------------------------------------------------------------------ 2. Developer will convey to the Municipality by properly executed Warranty Deed, free and clear of all encumbrances, the roadways, easements, and other public improvements prior to the Municipality granting any zoning permits to the developer. 3. The Developer shall complete the improvements set forth in paragraph one no later than September .30, ,1991 4. The Developer shall repair or replace any faulty or defective work or improper material which may appear within three (31earsof completion. 5. For the guaranty of Developer's performance of all requirements hereinabove set forth, Developer and Bank agree that the sum of $(Amount set by planning commission or its designee) shall be set aside and held in escrow by the Bank and shall be available for payment to the Municipality, in accordance with the terms herein set forth. 6. If the Municipality shall file with the Bank a statement that Developer is in the judgment of the Municipality in sixty (60) day default under the terms of this agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality to complete the improvements and requirements set forth in this agreement. 7. The Municipality will promptly submit to the Developer a copy of such statement as it files with the Bank. The consent of the Developer to such payment by the Bank to the Municipality shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. The Municipality shall not file with the Bank a statement of default until sixty (60) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so. 9. All monies released by the Bank to the Municipality pursuant to paragraph 6 shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgment of the Municipality shall accomplish the work most expeditiously and economically. 10. If monies are released by the Bank to the Municipality pursuant to paragraph 6 and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this agreement. 11. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph 8 of this agreement. 12. This agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby and the completion of the warranty period set forth in paragraph 4. 13. Upon request of Developer, but only at the sole discretion of the Municipality, the Municipality may release a portion of said escrow funds if the Municipality believes that the retention of said funds is not necessary to protect its interests after a portion of said work has been completed. Bank may release such funds only upon written consent of the Municipality. 14. Notwithstanding the provisions of paragraph 13 the sum of $ 6,960.00 shall be in any event maintained in escrow until certification to the Bank by the Municipality of the completion of the warranty period set forth in paragraph 4. 15. This agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, ccadministrators, successors and assigns. Dated this 8th day of August 19 8x 90 I P. (DEVELOPER) Gary Riggs By: Its Duly AmAhoriiW4gent CITY OF SOUTH BURLINGTON B y : --�� Its Duly -r *�-c r �ar� By: r ,_ I myy Authoriz Charles A. Kimbell, . Agent ent Manager vERaorvr rvATor�� City of South Burlington Dorset Street South Burlington, VT 05403 ATTENTION: Dick Ward Dear Sir, August 8, 1990 IRREVOCABLE LETTER OF CREDIT No. 90-1637 At the request of Gary Riggs and for the account of same, we hereby open in your favor our Irrevocable Letter of Credit for any sum or sums not exceeding Six Thousand Nine Hundred Sixty Dollars ($6,960). Payment under this Letter of Credit will be made upon presentation of the following documents: 1. Sight draft drawn on us for the amount of payment claimed. 2. Notarized statement signed by the City of South Burlington that Mr. Riggs has failed to complete the Landscaping per the agreement and plans referenced by same dated August 8, 1990. This Letter of Credit is valid until August 8, 1993. ALL drafts must have the following clause: "Drawn under Vermont National Bank Letter of Credit #90-1637." We hereby agree with drawers and bona fide holders of drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored on due presentation of the drawee. Unless otherwise expressly stated, this credit is subject to the Uniform Customs & Practices for Commercial Documentary credits fixed by the International Chamber of Commerce (1983 Revision), ICC Publications. No. 400, and is governed by the Uniform Commercial Code of Vermont, as from time to time amended. Very Tru , C a L im e L Bran �'Ma er Michael Gin as Vice President 84 PEARL STREET, ESSEX JUNCTION, VERMONT 05452 • TELEPHONE 802-878-1300 PLANNER 658-7955 City of So tith Burlington 575 F/)RSET STREET SOUTH BURLI",(JON, VERMONT 05403 February 9, 1989 Gary Riggs Route 2, Box 2820 Enosburg Falls, Vermont 05450 Dear Mr. Riggs: ZONING ADMINISTRATOR 658-7958 Enclosed please find your copy of Findings of Fact. If you have any questions please call me. JW/mcp 1 Encl i Sincerely, A4 oe Weith, City Planner E CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone QO #)_ — '1 e (cc) 2) APPLICANT ( name, address, phone #) (39 , 5RNQO��\P\ k-V �ot aS S � rj!&, � 3) CONTACT PERSON (name, address, phone #) 4) PROJECT STREET ADDRESS: 5) LOT NUMBER (.if applicable) 6) PROPOSED USE(S) �o-C ��% 1j, 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per lcTV O��) •r 8) NUMBER OF EMPLOYEES © \V % 9) LOT COVERAGE: building landscaped areas building, parking, outside storageS3 % it o© Oo 10) COST ESTIMATES: Buildings $ % O D a, Landscaping $ � 0� Other Site Improvements (please list with cost) $ 11) ESTIMATED PROJECT COMPLETION DATE: ' st) `�' \ '�z % ___ 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 0)- 12-1p.m._S;� ; 1-2 p.m._2-3 p.m. 3-4 p.m. 4-5 p.m._ 5-6 p.m. 6-7 p.m. 1 3 ) PEAK HOURS OF OPERATION:- VY� 14 P'AK DAYS OF OPERATION: DATE OF SUBMISSION DATE OF HEARING 1,ICANT PLEASE SUBMIT FOUR COPIES OF THE SITE PLAN WITH THE FOLLOWING INFORMATION Lot drawn to scale (20 foot scale if possible.) Location of streets, abutting properties, fir�hya , existing buildings, existing landscaping. Existing and proposed curbcuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to of greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9' x 18') with 22 or 224�C1 foot aisles as required. Number and location of compact car spaces. ( This requires separate Planning Commission approval). Number and location of handicapped spaces as required. (13 fe t by 20 feet in size, one per every fifty spaces)��> ° Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parKing and outside storage, and landscaped areas. Location of site (Street # and lot #). �- North arrow. Name of person or firm preparing site plan and date. PAUL E. WAMSGANZ L-Im m GRAPHIC/CONSTRUCTION MANAGEMENT SERVICES, INC. P.O. BOX 5219 '` ESSEX JUNCTION VERMONT 05453-5219 (802) 879-4220 Memorandum - Planning September 6, 1988 agenda items September 2, 1988 Page 2 Last week, the applicant proposed changing the parking layout to show parallel parking along the north and south sides. This would reduce the proposed number of spaces by 30 and result in a parking space ratio of 5.1 spaces/1000 GLA. Based on the literature of parking standards, this ratio should still be sufficient to handle parking demand. A concern I expressed in my last memo is that the layout of compact car spaces along the west property line does not discourage large cars, pick-ups, etc. from parking in them. I feel that standard sized cars could easily come down the aisles and pull directly into those compact car spaces located directly at the end of the aisles. Something we may want to consider is removing the compact car spaces located directly at the end of the aisles. This would leave only those compact car spaces which are located in a configuration which makes it more difficult for larger cars to pull into these spaces, thereby discouraging large cars from parking in them. This would also increase the amount of green space in the front of the building. However, by replacing these compact car spaces with green area, 30 spaces would be lost resulting in a ratio of 4.8 spaces/1000 GLA. Considering the shared parking issue, this may be closely approaching .l�i.�..o. between meeting parking ng demand and not meeting parking demand. 4) GARY RIGGS. LOT #17, ETHAN ALLEN DRIVE Gary Riggs proposes to construct a 9,000 square foot building for storage/distribution uses. Four 2,250 square foot units are proposed for the building. The Zoning Board approved Mr. Riggs' request for a multiple use on August 22, 1988. The plan also shows a fifth 2,250 square foot unit to be added to the southern end of the building sometime in the future. Mr. Riggs would like approval for all 5 units, so that he does not have to come back to the Planning Commission if and when he decides to add the fifth unit. Access: Access is shown from both Ethan Allen Drive on the north and Commerce Avenue on the south. The plan shows the access from Commerce Avenue to be provided by a future driveway. Mr. Riggs informed me that he plans to put this drive in immediately. The plan should be revised to show this. Circulation: Circulation is shown along the length of the west side of the building. A 24 foot aisle width is proposed between ✓. Memorandum - Planning September 6, 1988 agenda items September 2, 1988 Page 3 the parking spaces and loading zones for the building. No circulation is available along the back of the building due to the narrowness of the lot. Parking: The plan shows 21 spaces plus 6 future spaces to accommodate the future addition. Without the future addition, the building requires 16 spaces (4 spaces per unit) by ordinance. With the addition, the building would require 20 spaces. Therefore, even with the addition, the proposed 21 parking spaces should be sufficient. The 6 future spaces could further be used if determined to be necessary. Landscaping: The proposed building (5 units) requires $9,300 worth of landscaping. The landscaping plan shows Norway Maple, Cap Yew, Barberry, Dwarf Juniper, and native White Cedar. The proposed ,landscaping is valued at $3,500. The plan should be revised to show an additional $5,800 worth of landscaping. The plan 'shows .a Dwarf Juniper in the 'as future . parking spaces. The Juniper should be moved outside o.f this area. SetbacksjCoverage' All setback requirements are met. Front yard coverage, requirements are met. Building coverage for the5 „'unitbuilding is.27% (maximum of 30% allowed). Total, lot coverage, including" the, future parking ,spaces, is 64% (maximum o"f 709b allowed) Other: See Bill, Szymanski':s and Chief boddette"s comments. 5) DISCUSSION WITH-POMERLEAU REAL' ESTATE "An informal discussion is being held with Pomerleau Reef Estate to discuss various City policies and plans and how these relate to the potential development of their 40+ acre ,par:cel on Shelburne Road. No plans are being presented'. The primary purpose of the'discussion is to get feed back from the Planning Commission on what they 'would like to see in that area and any major_ concerns -they see at, this point. Other issues which will most likely surface are the City's traffic regulations and future plans for Shelburne Road and a Southern Connector. 3 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 September 2, 1988 Gary Riggs Route 2, Box 2820 Enosburg Falls, Vermont 05450 Re: Lot #17, Ethan Allen Drive Dear Mr. Riggs: Enclosed are the agenda item and my comments to the Planning Commission. Also enclosed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, September 6, 1988 .... r epreseill your request. Sincerely, Joe Weith, City Planner JW/mcp Encls M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: September 6, 1988 agenda items Date: September 2, 1988 2) SYNON, QUARRY HILL ROAD Construction of the Quarry Hill Road is expected during the 1989 construction season. It is anticipated that the entire road will be completed except for the one inch surface course which we request not be placed until the following ,year 1990. Upon completion of the surface course, the City will accept the road and expect to get and record the deed to this road. Our usual procedure is to get the deeds early before the work starts and have them available upon acceptance of the street. The Deslauriers, owners of the road, do not want to prepare the deeds ahead for reasons not clear to anyone. Insisting on these deeds may jeopardize the Synon people who have invested a great deal of time and money on their protect and it is a project that is needed in the area. I have no objections of waiving the requirement for preparing the deeds ahead of time and preparing them just before completion of the road work in 1990. 4) GARY RIGGS STORAGE BUILDING, ETHAN ALLEN DRIVE 1. Site drainage shall be toward the new street to the south. 2. Proposed new road entrance shall have a depressed concrete curb. 1 §�uutb N urltngtnn ifire Department 575 i9aroet *treet iautb Burlington, Vermont 05401 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE SUBJECT: SEPTEMBER 6,1988 AGENDA ITEM DATE: SEPTEMBER 1,1988 GARY RIGGS LOT #17 ETHAN ALLEN DRIVE ,1 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658.7960 PLANS WERE REVIEWED BY THIS DEPARTMENT AND AT THIS TIME I DO NOT HAVE A PROBLEM WITH THE BUILDING LOCATION OR ACCESS FOR EMERGENCY EQUIPMENT, BUT MORE INFORMATION IN NEEDED ON THE LOCATION OF HYDRANTS ON ETHAN ALLEN DRIVE. PLj a, 0Ll �)Pt-yt: CDpm C I ►l�Aillvay) if ���" 3L•� �Z,5 PROPOSED AMENDMENTS CITY OF SOUTH BURLINGTON ZONING REGULATIONS I. The City of South Burlington Zoning Regulations are amended to add the following new sections: 1.30 Spear Street View Protection Zone Map defines that area of the City that is subject to the restrictions set forth in Section 19.47 of these regulations. The Spear Street View Protection Zone Map is filed in the office of the City Clerk and is incorporated herein by reference. 19.47 Spear.Street View Protection Zone In addition to the pr 'sions of any other section(s) of these Fegulations, th uses allowed in any district in the Sped Street V ew Protection,Zone, as shown on the Spear,,St eet View rot6ption Zone Map, shall be subject to th following limitations-., 19.471 �o p\a'rt of any structure within the Spear Street View Protection Zone shall exceed an eh vation of 376 feet `above mean sea level mi us 4 feet for each 100 feet that said part of structure is horizontally distant from the base line shown on the above referenced G�nea r StrAe4; V i ow Drnter.i- i �r7.i.. w V a- iva.cva.avaa aavaac asap. 19.472 !andaping and other vegetation located w`thi the Spear Street Vier Protection Zone shall'be maintained so that\it es not ex eed`an elevation of 376 feet bove mean se level minus 4 feet for each 00 feet that sai land scapi`'9 qqr vegetation i horkzontally di tzt from the as line shown on tie bove ref enced Spear tr et View Prot t'on Zone Map. 19.473 The term "structure" when used N !this section (19.47 and sub -sections) shall mean an assembly of materials for occupancy or use, including, but not limited to a building, mobile home or trailer, billboard, sign, wall or fence, antenna, utility poles (including towers and lines). II. These amendments shall become effective 21 days following their adoption by the City Council. III. On the date that these regulations become effective, the 44,0 qar-w ellv Z �4-f AA -'rnx OQ 1s �� PLANNER 658-7955 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 October 5, 1988 Gary Riggs Route 2, Box 2810 Enosburg Falls, Vermont 05.50 Re: Lot #17, Ethan A11en Drive Dear Mr. Riggs: ZONING ADMINISTRATOR 658.7958 Enclosed are the September H, 1988 Planning Commission meeting minutes. Please note that stipulation no. 1 of the approval motion requires you to subur.-it a revised landscape plan to the City Planner. I -have spoken with several members of the Planning Commission and they informt��d me that they want nursery grown evergreens substituted for some of the native white cedar. Please call if you have any questions. :sincerely, to 417 G We Weith, ,'ity Planner ,JW/mcp 1 F,nc1 k4,,State of Vermont 1 Supply and Wastewater Disposal LAWS REGULATIONS INVOLVED Environmental Protection Agency CASE NO. Chapter 4, Public Buildings APPLICAI<r Gary ig' ADDRESS Box 2820 Enosburg Falls, VT 05450 This project, consisting of constructing a 9,000 square foot storage/distribution building on Lot 17 of the Belter Industrial Subdivision 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. This Permit does not constitute Act 250 approval under Case Number 4C0643-8 GENERAL (1) This permit does not constitute Act 250 approval (Title V.S.A., Chapter 151). The permittee is hereby reminded to procure all relevant State and local permits prior to proceeding with this project. (2) The project shall be completed as shown on the plans "Site Plan" dated 9-1-87 prepared by Graphic Services 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 Certification of Compliance #4C0643 dated June 23, 1986 shall remain in effect except as modified or amended herein. (4) All conditions set forth in Subdivision Permit #EC-4-1183-1 dated June 15, 1988 shall remain in effect except as modified or amended herein. (5) A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (6) 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 env irorimental/health statutes and regulations, and with this permit. WATER SUPPLY (7) 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. Gary Riggs WW-4-UU38 Page 2 SEWAGE DISPOSAL (8) The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 195 gallons of sewage per day. Patrick A. Parenteau, Commissioner Department of Environmental Conservation By Ernest 11. Christianson Regional Engineer Dated at Essex Jct., Vermont this 21 day of October, 1988. cc: Donald Robisky� Town Planning Louis Borie Department of Health Department of Labor and Industry Graphic; Services File 4CO643 FOR YOUR 1NFOa NOTICE OF APPLICATION AND HEARING ACT 250 MINOR APPLICATION #4C0643-8 10 V.S.A., CHAPTER 151 Notice is hereby given that on September 29, 1988, an appli- cation was filed by Gary Riggs, Route 2, Box 2820, Enosburg Falls, Vermont and John Belter, Jr., Ethan Allan Drive, South Burlington, Vermont, to construct four 2,250 square foot storage/distribution units, to use municipal water and sewer facilities, in Ethan Allen Park, located off Ethan Allen Drive in South Burlington, Vermont. The District Environmental Commission wi 1 1 treat this appli- cation under Environmental Board Rule 51 -- Minor Applications (amended effective 9-1-84). A proposed permit has been prepared by the Commission and is available at the Commission's office. Findings of Fact and Conclusions of Law will not be prepared unless a public hearing is requested. The request shall state in writing with specificity why a hearing is required and what additional evidence will be presented. No hearing will be convened unless, on or before October 31, 1988, a party notifies the Commission or the Commission sets the matter for hearing on its own motion. If a timely hearing request is received, the hearing will be convened on or before November 7, 1988. Parties entitled to participate are the municipality, the municipal planning commission, the regional planning commission, state agencies, adjoining property owners, and persons granted party status pursuant to Board Rule 14 (B). Dated at Essex Junction, Vermont, this /.�?"'-day of October, 1988. B�� C rri a Ma -PugftT istan District Coordinator 111 West Street Essex Junction, Vermont 05452 879-6563 STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 111 West Street Essex Junction, Vermont 879-6563 TO: All Parties FROM: Carrie Mauhs-Pugh Assistant District #4 Coordinator DATE: October 13, 1988 RE: Land Use Permit Application #4C0643-8 Gary Riggs Route 2, Box 2820 Enosburg Falls, VT 05450 AND John Belter Ethan Allen Drive South Burlington, VT 05401 Enclosed for your nevi ew i s a copy of the proposed land use permit for the above referenced project. As indicated in the Notice of Applica- tion and Hearing, this application is being processed as a "Minor" pursuant to Environmental Board Rule 51 (as amended on September 1, 1984) and no hearing will be held unless specifically requested. Any hearing held at the request of a party would only be for the purpose of considering issues raised by the requesting party under the appro- priate criteria of Act 250. Because this proposed permit has been prepared based upon consultations with only the Chairman of the Dis- trict Commission, it is subject to further revision or amendment after review by the full District Commission. The District Commission will not issue a Land Use Permit in this case until the applicant has filed a Water Supply and Wastewater Disposal Permit, evidence that you have contacted the Water Quality Division regarding a stormwater discharge permit, a color rendering of the sign, and the number of peak hour trips. The 60 day deadline for issuance of a Land Use Permit set forth in 10 V.S.A., Section 6085 (d) shall be deemed waived until such information is filed, unless written objection is filed with the Commission on or before October 31, 1988. If you have any questions regarding this proposed permit, or the "Mi- nor" application procedure being used to process this application, do not hesitate to contact me at the District Office. J NY State of Vermont LAND USE PERMIT AMENDMENT This is a Proposed Permit, please submit your comments by October 31, 1988. CASE NO 4CO643-8 APPLICANT Gary Riggs ADDRESS Route 2, Box 2820 Enosburg Falls, VT 05450 AND John Belter, Jr. Ethan Allen Drive South Burlington, VT 05401 LAWS/REGULATIONS INVOLVED 10 V.S.A., CHAPTER 151 (Act 250) and Vermont State Environmental Protec- tion Rules Chapter 4, Public Buildings Chapter 7, Sewage Disposal Chapter 8, Water Supply District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0643-8, pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 148, Page 225, of the land records of the Tow n of South Burlington, Vermont, as the subject of a deed to Gary Riggs, the "Permittee" as "grantee". This permit specifically authorizes the Permittee to construct four 2,250 square foot storage/distribution units, to use municipal water and sewer facilities, in Ethan Allen Park located off Ethan Allen Drive in South Burlington, Vermont. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete, operate, and maintain the pro- ject as approved by the District Commission in accordance with the following conditions: 1. All the conditions of Land Use Permit #4CO643-8 and amendments are in full force and effect, except as amended herein. 2. The project shall be completed, operated and maintained as set forth in accordance with the plans and exhibits stamped "Ap- proved" and on file with the District Evi ronmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. Page 2 Land Use Permit Amendment #4C0643-8 3. The District Environmental Commission maintains continuing juris- diction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accor- dance with the terms of the permit. 4. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees for himself and all assigns and successors in interest that the conditions of this permit shall run wi th the 1 and and the 1 and uses herei n permi tted, and wi 11 be binding upon and enforceable against the Permittee and all as- signs and successors in interest. 5. The project is approved for the following maximum cumulative impacts: 18 vehicle parking spaces; 200 gallons per day of water and wastewater; 15 vehicle trips per day; peak hour vehicle trips. 6. This permit hereby incorporates all of the conditions of the Water Supply and Wastewater Disposal Permit # issued on by the Regional Engineer, Division of Pro- tection, Department of Environmental Conservation, Agency of Natural Resources. Conditions of said permit are as follows: 7. The Permittee shall apply and maintain water and/or calcium chloride on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 8. Prior to commencement of construction of this building the Per- mittee shall file either an amended Discharge Permit issued by the Agency of Natural Resources or evidence that such an amended permit is not required. 9. The building approved herein is not approved for any manufac- turing use or the on -site disposal of any process wastes. The Permittee shall apply and receive approval for any change in the use of the buildings which involves the storage or handling of any regulated substances or the generation of hazardous wastes. 10. The installation of floor drains is specifically prohibited without the prior written approval of the District Environmental Commission. Page 3 Land Use Permit Amendment #4C0643-8 11. The Permittee shall apply to the District Environmental Commis- sion for approval for any change in the use of the building and land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes into the soils. 12. The Permittee and all assigns and successors in interest shall install and maintain water conserving plumbing fixtures. The plumbing fixtures shall operate with the following specifica- tions: (1) internal system water pressure of 50 psi maximum, (2) toilets with a maximum of 3.5 gallons per flush, (3) showerheads operating with a maximum of 3 gallons per minute, and (4) faucets on si nks and 1 ays shal 1 operate at a maximum of 3 gal lons per minute. An alternative water conservation plan may be presented to the Commission for approval before implementation. The ap- proved alternate shall be implemented and maintained by the Permittee for the duration of the permit. 13. The Permittee shall comply with Exhibit #4 for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans prior to commencement of construction. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All disturbed areas of the construction site shall be stabilized, seeded and mulched wi thi n 1 to 14 days of i ni ti al di sturbance, and pri or to October 1, to ensure proper stabilization of disturbed soils. All erosion control devices shall be periodically cleaned, re- placed and maintained until vegetati of n is permanently estab- lished on all slopes and disturbed areas. The Commission re- serves the right to schedule hearings and site inspections to review erosion control and to evaluate and impose additional conditions with respect to erosion control as they deem ne- cessary. 14. In addition to conformance with the requirements of condition #13, the Permittee shall not cause, permit or allow the discharge of waste materials into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. 15. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #8 by replacing any dead or diseased plantings as soon as seasonably possible. Page 4 Land Use Permit Amendment #4C0643-8 16. The installation of exterior light fixtures is limited to those approved in Exhibit #12, and shall be mounted no higher than 20 feet above grade level. All exterior lighting shall be in- stalled or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 17. The exterior signs shall be limited to that approved in exhibits 18. All heated structures approved herein shall be constructed to comply with the ASHRAE 90-80 standards. 19. The installation and or use of electric resistance space heating is specifically prohibited without the prior written approval of the District Environmental Commission. 20. All construction on this project must be completed by October 15, 1989. 21. This permit shall expire on October 15, 2019 unless extended by the District Commission. Notwithstanding, this permit shall expire one year from date of issuance if the Permi ttee have not demonstrated an intention to proceed with the project. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A. Section 6090(b). Dated at Essex Junction, Vermont, this day of Carrie Mauhs-Pugh, Assistant District #4 Coordinator , 1988. By M. Lynn Whalen, Acting Chairman District #4 Commission Commissioners participating in this decision: Helen Lawrence PLANNER 658-7955 CIL), o1*South Bull 1114,1011 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 - September 21, 1988 Mr. Louis Borie District #4 Coordinator State of Vermont Environmental Board District Environmental Commission #4 111 West Street Essex Junction, Vermont 05452 ZONING AI.IAINISTRATOR 650 /958 Re: Gary Riggs, Lot #17, Ethan Allen Industrial Subdivision Dear Mr. Borie: The South Burlington Planning Commission approved the site I' Lan application of Mr. Gary Riggs for construction of an 11250 square foot building on lot #17, Ethan Allen Drive. This prolect conforms with the South Burlington Comprehensive Plan. A Q�:wer allocation of 195 gpd is granted for this use. Sincerely, Joe Weith, City Planner JW/mcp �u 7 State of 'Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council Gary Riggs Route 2 Box 2820 Enosburg Falls, VT 05450 RE: i+W-4-0038 Belter Industrial Subdivision 9000 s.f. storage/distribution building, lot 17 of 4C0643. Greetings: AGENCY OF ENVIRONMENTAL CONSERVATION Department of Water Resources and Environmental Engineering Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 September 30, 1988 We received your completed application for the referenced permit on September 22, 1988, including a fee of $60. This application falls under the Water/Wastewater: Less than 500 GPD Program Area, and under the Performance Standards for this program area, we have a maximum of 30 days of 'in-house' time for our review of your application. Based upon the present workload, we anticipate review of your project within the next 3-4 weeks. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the permitted time of 30 days in-house, please contact this office at 879-6563. Sincerely, Ernest P. Christianson Regional Engineer cc: AVENGCO, LTD So. Burlington Planning Commission-"/ City of sot►ch 13111•I i ►igtoll WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH BURLINGTON. VERMONT 05403 TEL. 864-4361 September 21, 1988 District #4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 RE: Lot #17, Ethan Allen Drive Subdivision Jim Wood - Riggs Industrial Building Dear Sir, The above referenced project with an estimated daily demand of 200 gallons for domestic use will not place a burden on or hamper the South Burlington Water Department from providing service to its existing customers. The available fire flow at this location is approximately 868 gallons per minute at 20 psi. Sincerelu SOUTH BURLINGTON WATER DEPARTMENT Susan A. Messina Superintendent cc: K. Khatri B. Szymanski J. Weith -7- Mr. Ward said we had similar request with an apartment over it. Mr. Tavares said not in the same location. At that time I wasn't seeking the minimum variance. Mr. Tavares said the location of the house does not make allowances for a 2 car garage without seeking a variance. Prior to this the property was subdivided (August 1984) and the property next door has been developed into a duplex. Previously there was a garage on the north of our property. If I moved the garage further back I would be in violation of the back variance. In addition to that the garage would be in the middle of the back yard. The hardship was not created by me. This in no way will alter the character of the neighborhood. I feel I am seeking the minimum variance - it's a slightly undersize garage 22' x 24' instead of 24' x 24' which I asked for prior to this. Our house is the only one on our side of the street which doesn't have a garage. It will be consistent with other garages in the neighborhood. It will be a positive impact on the neighborhood. Mr. Condos asked why he couldn't move the garage 4' north and Mr. Tavares said he couldn't make the swing into there. Appeal was granted 6 - 1. No. 6 Appeal of Gary Riggs Appeal of Gary Riggs seeking approval from Section 19.65 Multiple uses. Request is for permission to construct a 9000 square foot structure occupying with a maximum of four warehouse/contractor type uses on a lot containing 41,000 square feet, located at 17 Ethan Allen Drive. Mr. Ward stated the area is zoned I-C District. Section 19.65 Multiple uses. Proposed structure 45' x 200' building (9000 square feet) occupying building with four uses. Only permitted uses proposed such as contractor's and warehousing. Units will be condoized. Lot 120' x 342' = 41,040 square feet. Mr. Riggs said the building is designed for the small contractor. To have it built for small contractors - the area warrants it. There are 3 buildings presently going up in that area. As far as community facilities the water, gas, sewer are all setup there - the park was designed for that. The buildings are similar to some going up right now. Phase 2 is in progress right now on the traffic. I have complied with the bylaws. Mr. Blais said these buildings will be condoized and sold. Mr. Riggs said I have one who is interested right now. Control of this is all covered in the covenants of the park. Mr. Condos moved that the permitted uses be reviewed administratively by this board. This was seconded by Mr. Graf and all voted aye. Mr. Boehm asked if there would be any outside storage. Mr. Riggs said there might be a dumpster. I'm having it graveled in for a 5th unit and that's where I will put the dumpster. This appeal was granted unanimously. PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 8, 1988 Mr. Gary Riggs Route 2, Box 2820 Enosburg, Falls, Vermont 05450 Re: Zoning appeal Dear Mr. Riggs: 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, August 22, 1988 at 7:00 P.M. to consider your zoning application. Please plan to attend this hearing. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl SOUTH NURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South ington Z q Board pof Adhj'eusstrnomhold a kV wiR the South B� ten Municipal Office", Conference Room, 75 Dorset Street, South Burlington, Vermont on Monday, August 221988, at 7:00 P.M. to consider the following: M 1 Appeal of Frank Paris seeking a variance from Section 18.00 Dimensional requirements of the South Burlington Regulations. Re- quest is for permission to construct a 16' x 22' addi- tion (bedroom and enclosed porch) to within six (6) feet of the northerly side yard, at 19 Duchess Avenue. 1f2 Appsd of Community LuMneran Chnxch, Dennis Webster, agent seeking oopp- proud from Section 9.20 Conditional uses sub section 9.201 and sub section 9.202 day core of the South Burlington Regulations. Re- quest is for permission to construct alterations and ad- ditions (approximately 2400 square feet) to the existing Community Lutheran Church, requesting approval to op- erate a day care center with a maximum of 25 children, located at 1560 Williston Road. #3 Appeal of James LoPksmt seeking a variance from Section 18.00 Dimensional roquiroments of the South rn...a:,..,r,.,. v�,..�..•:,.,.. tt� quest is for permission to construe a 22' x 38' addi- tion and 22' x 25' attached garage to within nine (9) feet of the rear yard, lo- cated of 495 Spear Street. #4 Appeal of Kelly Esta- brook-Brown seeking a vari- ance from Section 9.10 Permitted uses of the South Burlington Regulations. Re- quest is for permission to operate a salon (area opproXlmato 9' x 10') in contunction with a single-family dwelling, at 9 Deane Street. #5 Appeal of Thomas and Nancy Tavares seeking a variance from Section 19.00 Dimensional requirements of the South Burlington Regula- tions. Request is for permis- sion to construct a detached 22' x 24' go e to within six (6) Feet of� southerly side yard, at 76 Shunpike Road. M6 Appeal of Gary Riggs seeking approval from Sec- tion 19.65 Multiple uses of the South Burlington Regulo- tions. Request is for permis- sion to construe a 9000 square foot structure, occu- Cono nued Next Column I I LEGAL NOTICES 1 pykng with a maximum of four warehouse/contractor uses on a lot con - Wing 41,000 square feet located at lot 17, Ethan Al- len Drive. N7 Appeal of R.P.M. Devel- opment, Paul Marquis, agent seeking a variance from Section 11.503 Planned Commercial Devel- opment area, dimensional requirements of the South Burlington Regulations. Re- quest is for permission to construct a commercial 55 on a lot containing acres with 337 feet, also apPproval under Section 12.502 Conditional use (proposed building 27,700 square feet) maximum of nine uses, such as ware- housing, manufacturing, lo- cated at 90 Allen Road. 08 Appeal of Gerry.Brown and Leo Zachary seeking approval from Section 19 65 Multiple uses of the South Burlington Regula- tions. Request is for permis- sion to occupy on existing 52,000 square foot building for warehousing, light man- ufocluring wholesale and retail soles and general of- fice area, presently Vermont Heating and Venmlatin lo- cated at 1891 Williston Road. M9 Appeal of Christine Sheil seeking a variance from Section 19.10 Permitted uses of the South Burlington Regulations. Request is for permission to operate a beauty salon (area approxi- motey 13' x 15') in conjunc- tion with a single-family dwelling, at 9 Clover Street. Richard Ward Zoning Administrative Officer August 6, 1988 RIGGS, Gary Lot 17, Ethan Allen Drive Area zoned I-C District Section 19.65 Multiple uses Proposed structure 45' x 200' building (9000 square feet) occupying building with four uses. Only permitted uses proposed such as contractor's and warehousing. Units will be condoized. Lot 120' x 342' = 41,040 square feet Official Use Date City of South Burlington APPLICATION # rJ A pli ation to Board of Adjustment HEARING DATE 1 FILING DATEf Applicant Owner, le ee age FEE AMOUNT Address ` `-� C�y��lSv Telephone # Qo C -, o W C��`Z ("T, C,`�' aLandowner . Address Location aad description of property Type of application check one ( ) appeal from decision of Administrative Officer( CI —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 he rin . nce ,in question ,Q>> Provisions of zoning\ ordi Reason for appeal The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Hearing Date signature --'Of App nt ___ ----- 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 Burlingotn Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Wee Month and Date at to consider the following: Time Appeal of V vv seeking jff' From Section 'r of the South Burlington Regulations. Request is for permission to M ,s , S-c 1 1 ,J7u 41,12 �61 - l zox 3 V2,