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Home My WebLink AboutBATCH - Supplemental - 0101 Ethan Allen Drive«2_ Country Club Drive from Poor Fa= Road to ax point 20 feet past the uorth side of Mlountain Vier Blvd intersection. WHRUAS, the Town and Developer have by said Agr**r*At aegrseed to an Escrow arrangemient for t nefit of the Town, as prcmided h*reain, in the avant the Developer for any reason fail& to perform his commitment and obligations sat i'ortr, in sa14 Agreement with the 'Town, and WH R"S, the DeVeeloper has ex4outead sinUlt4nooualy with this escrow , r )emmt, a promissory note payable to this HONAIW WATICWAL SAnX AND TRUST COMPANY, boarinq even date: herewith, in the mmunt of Fifty Thteusaend Dollars ($50, 000. 0) , and providing azorag other things, for interest at the rate of six percenturm (6%) per annum payable sent -annually nnually and principal payable on demand thirty (30) moths from the date thereof, and WAXREAS, the Bank holds the Developer's said promissory note in the amunt of Fifty Thousand. Dollars ($50,000.00) in escrow for t benotit of the Tovm aad have agreed to disburse the loam proceeds evidonced by said pr issory note by aaedva ucess to b* a ado from tip t* ti.va an r*qu*at*d by the Town i accordance with the terms heereeinaftaer sat forth; June P, 1976 cjTi*r. _'Iene J. T"erard 1"_I -,than Aller Drive �`outh -Purlington-, ',,,'T 01401 Dear Eierard: Pe advised that the ::outs Purlinr7ton I':'toning Poard of Adjust- Tient w--*,ll hoL',, a public hearing at the (*;ity ..all, Conference 'loom 12-75 7.,-"illiston 7 oa,.A on , onday, June 21, 1076 at 5:00 P..ryi. to consid«r your request for iz zoning variance. �� i Please plan to attend this meeting. Very truly, i,lichard onin,, �,ILOministrative Cfficer R1v,T/j NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance, decision of administrative officer. Property Owner Jf 'A,,,& 'V& Property location & description v Variance of Section � number title of section) Basis of appeal I understand the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Hall, Conference Room. The legal advertise- ment must appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay a fee of $30.00 which fee is to off -set the costs of advertising, d the hearing. Hearing Date ignat e of Appellant SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 91, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, Scuth Burlington, Vermont on at to consider the day of week month and date) time following: Appeal of 4 seeking -a , from Section of the South Burlington Zoning Regula- tions. Request, is for permission to „ ,,. 00, 7Z� WO, l000r 19 /.. I n.....u�.�e)fV.-t'_'r! 1. anning File Data for Computer Input Original Property Owner &Z-0?:1r1--b 2. Developer's Name 2�� =_,, , &rsc 4,1-*b 3. Name of Development Cy�i.or�ra4y LL,Ils 4. Address of Development or Project //cast 5. Type of Project M 5 Minor. Subdivision (MI) Major Subdivision (MS) Site Plan (SP) ,Z6. Zoning District 1 7. Zoning District 2 8. Zoning Board Approval date if Required 9. Date of Planning Commission Hearings/Meetings Site Plan Date or Sketch Plan Date 10. Preliminary Plat date 11. Final Plat Date 12. Revised Final Plat Date 1 (if applicable) 13. Revised Final Plat Date 2 (if applicable) 14. Acreage of Total Project 15. Use of Land 1 16. Use of Land 2 17. Use of. Land 3 18. Use of Land 4 19. Number of Lots 20. Number of Single Family Units 21. Number of Multi -family Units 22. Construction Cost of Building 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 34. 36. 37. Size of Building (Square footage) Streets City Street CS Private Street PS Date of Acceptance of streets by City _ Bond -Landscaping Bond -Streets Bond -Sewer Bond -Water Bond -Other Date Mylar Due (90 days after approval) Date Recorded - Expiration date of Approval Date of First Building Permit Tax Map Number Map File Location 1 Map File Location 2 38. Map File Location 3 Other fees (Type and amount) Preparers Name: Date: Posted in Computer (Name, Date): 4 P N LANNING Q01tMUSSION MEETUNIG DECEMBEA 9, 1968 The South Burlington Planning Corm-nission held a regular meeting in Cafeteria #2 of the South Burlington High School Building, Dorset Street, on Monday, December 9, 1968 at 7:30 P.11.4.Mr. Kellner, Chairman called the meeting to order. MEMBERS PRESENT William D. Kellner, Chairman; Frederic 0. Sargent, Lester E. RavIin, Joseph 111- Allard and Royal -Ch4.ttenden. MEMBERS ABSENT None OTHERS PRESENT Craig Buttt-erfield, Engineer, representing Rene Berard and Karen 1.arson from the League of Women Voters. READING OF THE MINUTES OF THE NOVEMBER 25, 1968 MEETING The Commission accepted the minutes of the Nov. 25, 1968 meeting, with the request that the following information be added to the minutes: That the discussion also included the relationship of zoning to the Master Plan and the problems relating to both plans. Also the discuGsion included a request to show public or quasi -public lands on the zoning map. 2 PLANNING COMMISSION MEETING DECEMBER 9, 1968 The initial discussion covered running rules of the relationship between the Ptanning Commission and the Advisory Committee. It was agreed during the discussion that areas where the Commission may request information that exceeds the normal professional proprietary association, that the Advisory Committee would determine and notify the Commission of this situation, that the Advisory Committee would assist the Commission in en t if y inq problem areas and also make recommendations concerning the 7L.se _r- i-�eed +-,Dr consultants or any other specialists. A general discussion followeQJ which covered subjects concerned with control of land use and met -hods of land acquisition. Also a question was raised concerning the up-da-_e of the Town Master Plan - if the objectives ci the plan have been establ-'shed. Also discussed was the effect of the tax base areas for commercial and industrial use and general pl,;,.nning psychology and principals. Mr. Beaudoin discussed the possibility of establishing zoning ordinances without establishing physical zoning boundaries. The Advisory Committee then requested to meet with the Commission on December 23, 1�68 at which time the Planning Consultant was to present a draft of the Master Plan. REVIEW ORDINANCE ON SET -BACK ON SHELBURNE AND WILLISTON ROADS The Commission voted three for and two abstentions to recommend the passage of the ordinance, with Mr. Sargent making the motion, Mr. Chittenden. seconding and Mr. Kellner supporting. Mr. Allard and Mr. Advlin abstained from voting on the grounds that additional research should be accomplished before the revised ordinance .was passed to. deter aline the -effect. on the little mAn who may have A l l 3 PLANNING Ct7W4 SSION MEET' DECE ER 9, 1968 PROPOSED ®RDIINAUCE ON SET -BACK . ON SHEI,i3Ci'RNE AND WILI,TSTaN ROADS-, CONTINUED small lot and find the lot value destroyed with the 75 ` se. -'pack. Mr. Allard felt that the .a_ssion should hold a public hearing on `the subject, however agreed zo abstain .from voting when he learned that the Selectmen will has a public hearing at the secon,4 re4ding. REV1u PLAN - BE'RARD' S'0:.T.i'_FY—_CLt1B ell ESTATES This 3 vex- �{as tabled because t1ae information requested by * "ie � Com its ion was not available. ` r. Butterfield advised that he ::sent a letter -o the Town Clerk's `f i,e on November 22, 1968 with -all the J.-nformation requested. The Chai -an advised Mr. Butter f; eld that it was unfortunate that the information was not passed on. to the Commission, however wit"out this information the Commission could take no action The Commission 1s�a o requested that the information be turned over to he �erc�n- Engineer for his review and conents. + SHELBURNE ROAD TRAFFIC CON�RD The Chairman brought the ot?-,er members of the Commission :gyp 'to date on _-.e meeting with the State of Vermont Highway Department personnel concerning the Shelburne Road Traffic Control plan. No Text r ��'`.� r eL ," � ., r ..• ,r .% ;d 'a, .../" f`�� " •d .s """�,;,�.N � ♦` ♦ iy-.. „_. .!.>,� . ,? �.^ i� � f `^" ei"� / +1 %� � F-" / w n '`P,...—•' y '^^�'1 ./ ,� -•�f T ,l�Y r .�. lV:C3' I .,.� _ r i� ,• au.. r .•v. d" ,` ,�. . h`-�'�ii� •h^7 r ��M/ I C+i! ♦ i,.' 1- "� l.� t L�:'w.: - 4 �L7/$ 4 4�1 _ ..:�c� ! \.r 1F � le ^�.6�+ l ..1 w =� b .,.�+ _u. w.� fir. -`.'" w• " G,E*a ! � �' � -. ''° ,." �,..` .5:,.. ,=w .a.- l`.,.,`m ..t`' , : .� x ♦ . _'" / �,°"_„-... P`� �..:.,d'' _ _ _ v x f , for 7' , P - .. .. .. , '• .. s- �+ .�.,, . > ."i f � / y..-J. ^ A F .. «# ^ - ...IP n .. r Irv+ yr , ..n.y r ��' '"'�� .� TX � � �yr T,�,w .. �,..J � X �"9i :�% ] .,w w-.n ,Y., # � `I ^F ,�i �{� � i (s�,J ��`+��} � ,(/ � � ,✓qry ,Cs.,J ✓�i✓YL� _ l 0` ! . {fI Cn. .,r �[ ,� / r ,:..W,`c 4..._ d'_ _ �..J .+I `:++J �{ �_ � ii r { Ls r _ . - L _....� ^ : . •., ..J /^ -. �J _ l aJ ��l ....' ✓ � v 4.i {�^�. - b �� Y_'.t`�.++^'- A \ Y 4./ ° 'f T nr_Jr) C r' ?1) i� iC r :. U I �. - r. �t.,r ••�C 9 r`• - u 2 • r O DING OR ESCRO-1, =,GREET ANTS �._.:DSCrPING • � �^ .Jai IN �7��^r.� /�� i - - _ _ ^ -- _ �-•^C - __..m _ -fir- 1 --_Q\ ..,-, - `,?l.'V_'iLC G'= 'CTED. ?.-imp j�'.rj'iri C '�,� _ _-sr-mC �-:_ �`�`' D. U: L•7mH J _ E i�rrS CO PPI, TAD. ^C = -Q` �. --ETC• T rl- m7m7 _ .- -- Cm7-2Tt v(N -P7-rP" T) #, .. m • t. r -) T T) 7 ^ T 7 - T T _- DTl �. � - -_ ;-..�• �-��)jTn ,,ram,_ -- •T S -G :1..' r.7 c, 7,r 7.TmJ - =1 -, — - r fir, •, m— _ � ' - • - � - - . r T m . ...�_.• .-. _ .� 1..__ D r .-r_C U 1 =71�. ~•r _� 1P77D(..v 1m =.• __^(�1 4- ,rTri L. Henry LeClair 'gown Manager Souta Burlington, Dear Henry: .ATTORNEY AT LAW -✓ �. � � � (� (] p az Jauar $� �JQ s cgae 10'bAwtLSt t`f �i . Jd! ;. a : n 9 Veriont Fe: ('ountry Club Estates On November 17 i wrote to you concerning the title c certain streets in Country Club Estates to be deeded t�: -'e Tcwn. In my letl�er I noted that there was a ._screNancy between two plans covering this development. On January 5 I met with Myron Samuelson, attorney for Mr. Berard, Mr. Butterfield, the surveyor, and others concerning my objections. ?sir. Butterfield stated that the original plan filed at Volume 80, Page 18 was not tied to any specific monu- ments, and was intended to be a preliminary plan only. he second plan, recorded at Page 57, accurately shows the streets to be deeded to the Town, according to Mr. Butterfield. He states that because Mr. Berard owns all the surrounding property, the ten lots sold according to the first plan can be accommodated. Based on the above, I believe that my objections need clause no concern, and that the streets can be accepted. Therefore, I am enclosing the original deed to these streets. Very truly yours doh Ewing .l Release. This should , to itance by the Selectmen JOHN T_ EWING ATTORNEY AT LAW 86 ST. PAUL STREET BURLINGTON, VE R MONT AREA CODE 802 January 8, 1968 864-4556 Mr. Henry LeClair Town Manager South Burlington, Vermont Re: Country Club Estates Dear Henry: On November 17 I wrote to you concerning the title to certain streets in Country Club Estates to be deeded to the Town. In my letter I noted that there was a discrepancy between two plans covering this development. On January 5 I met with Myron Samuelson, attorney for Mr. Berard, Mr. Butterfield, the surveyor, and others concerning my objections. Mr. Butterfield stated that the original plan filed at Volume 80, Page 18 was not tied to any specific monu- ments, and was intended to be a preliminary plan only. The second plan, recorded at Page 57, accurately shows the streets to be deeded to the Town, according to Mr. Butterfield. He states that because Mr. Berard owns all the surrounding property, the ten lots sold according to the first plan can be accommodated. Based on the above, I believe that my objections need cause no concern, and that the streets can be accepted. Therefore, I am enclosing the original deed to these streets. Very truly yours, 'John T. Ewing J'ITE/p cc: Myron Samuelson, Esq. PS. I am also enclosing the Partial Release. This should be recorded with the deed, after acceptance by the Selectmen. RECEIVED ca JAN 919UQ TOWN OF SO. BUI,W40 f ON µANAGEWS 0Vf CS November 24, 1967 Mr. Rene Berard 101 Ethan Allen Drive South Burlington, Vermont Dear Rene: FrIclosed please find the Town Attorneyts review of the deeds to the streets in Country Club Estates. Mr. Ewingfs itemsp numbers one, two, three, and foul,, with the exception that the Howard National Bank should gkve us a discharge of mortgage on the streets is of routine mechanical matters. Item number five goes bac';c to the time of the revision of the plans in which we verbaj.JNdiscussed the problem that now exists. I believe corrective deeds as Mr. Ewing points out is the most economical method of resolving the probletri. Very truly yours, Henry N. LeClair Town Manager JOHN T_ EWING ATTORNEY AT LAW �1 ... 86 ST- PAUL STREET B URLI NGTON,VER MONT AREA CODE 602 664-4556 w." November 17, 1967 lyg f/" J Y Mr. Henry LeClair Town Manager South Burlington, Vermont Dear Henry: I have examined the title to a portion of Country Club Drive, Mountain View Boulevard, all of Cinda Street, and all of Kitty Street as shown on a Plan of Country Club Estates dated March 1, 1967, Revision No. 1, of record in Volume 80, Page 57. Title is clear, with the following exceptions: 1. Mortgage to Howard National Bank & Trust Co. dated October 15, 1964, of record in Volume 72, Page 249. 2. Right of way given to the New England Tel. & Tel. Co. dated August 22, 1966,of record in Volume 69, Page 354. 3. Easement given to Vermont Electrical Power Co. of record in Volume 63, Pages 389-390. 4. The original deed of Ethan Allen Farms which conveyed this property to Mr. and Mrs. Berard further recited that the property was subject to certain easements for utilities and other purposes, and the location of these cannot be determined from the Land Records. 5. Two plans of this development are on file. They are recorded at Volume 80, Page 18 and Page 57, respectively. These plans are not identical, and the streets shown on each of these plans have shifted in some respects. The proposed deed to be given by Mr. and Mrs. Berard to the Town, dedicating these streets, refers to the later plan recorded at Page 57 of Volume 80. A difficulty arises in that 10 lots were sold to third parties from the older plan recorded at Page 18 of Volume 80. In some cases, these lots would lie within a portion of the streets to be dedicated to the Town, because of the fact that the streets have been shifted. Mr. Henry LeClair November 17, 1967 Page 2 Also, in many cases the size of the lots previously conveyed from the old plan, have changed. These previous conveyances would take precedence over a deed to the Town, being prior in time. Therefore, clear title cannot be given to the streets as described on the new plan. The lots in question, which were conveyed from the older plan, are as follows: (Volume and Page of conveyances shown in parenthesis): Lot No. 12 (Volume 85, Page 261); Lot No. 53 (Volume 85, Page 214); Lot No. 63 (Volume 85, Page 215); Lot No. 66 (Volume 85, Page 216); Lot No. 52 (Volume 85, Page 184); Lot No. 55 (Volume 85, Page 169); Lot No. 59 (Volume 78, Page 202); Lot No. 51 (Volume 78, Page 175); Lot No. 1 (Volume 78, Page 78 ); Lot No. 56 (Volume 78, Page 413). I would suggest that Mr. Berard consult his attorney and obtain corrective deeds, prior to acceptance by the Town. Very truly yours, /�.°John T. Ewing JTE/p November 9, 1967 Mr. John T. FwinS, Attorney 86 st. Paul Street South Burlington, Vermont Dear Mr. Ewing: Enclosed are copies of correspondence, a warranty deed and a partial discharge, referring to the County Club Estates of Rene Berard. Would You Please re -view these documents and let me know if they are in order. Very truly yours, Henry LeClair Town Manager JIL/h Encls, 4 ' AREA CODE 802-864-5375 WILLISTON, VT. Vermont Paving Corporation MAILING ADDRESS: BOX 2022 SOUTH BURLINGTON. VT. 05401 O GnNSTR''t,'r r garb Narm October 25, 1967 Mr. Henry Leclair So. Burlington Town Mgr. So. Burlington, Vt. Deax Sir: 101 ETHAN ALLEN DRIVE S❑. BURLINGTON, VERMONT ❑S401 PHONE: B02 - B62-2365 As per our phone conversation enclosed you will find a, letter of committment from Vt. Paving for completion of the Streets in the Country Clubs Estate, a, discharge from the Howaxd National Bank and the Warranty Deed from us to the Town of So. Burlington. I trust that the enclosed documents are the ones that are necessary for acceptance of the paved Streets in our development. Very truly yours, AIRkene Berard 3 Encl. 1. Vt. Paving Corp. Ltr. dated. Oct. 16, 1967 2. Warranty Deed 3. Partial Discharge f? �-J0 j Z 0 ) 6 Berard Construction Co., Inc. 1.423-5 AX"PORT PKWY. ,60, BURUNGTON, VT. 05401j 18 January 1969 Mr Leclair Re: Country Club FstateF l'otm Manager Delevopywnt 555 Dorset St So Burlington, 'fit 05401 Dear Mr Leclair: Confirming our telephonf, conver,,7ation of tldz,'J- " we are revert- ing back to our original plans, dated July 1965 on Coiu-K Club Estates. llic, revision planz dao'-'cfa 1969! 7a,!re be u-sed should be If you havf-- any ftrther guestions contact the under:'Agned. c.c. Mr Sumelson Mr Butterfield, Engr Inc Planning Commission Zoning Board of Adjustment VdAW letter rweelved from Wfeel that this letter Is if the town$ however in the details we have taken the 965. #n the abow please feel free tt Very truly yours, President RECEIVED 'pj'j 2 0 T69 TOWN OF aO. MANI'AGW", a-MCE TOWN OF SOUTH BURLINGTON 555 DORSET STREET SOUTH BURLINGTON, VERMONT 0:;401 Tel. 862-497!' January 16, 1969 Mr. Rene J. Berard Beraj.,d molls t..rkletj,OII C01I1pany 1.235 Airport 1'ar'kwc.iy ,q011t'1,. I3iarlin�tnri, Ver-mont 06501 Dear Mr. Berard: Your request for approval of a revision of Country Club Estates as drawn by Engineers, Inc. in January, 1969 was reviewed by the Town Engineer and determined feasible from an engineering standpoint. When questioned why Randy Court could not connect wiL-h Country Club Drive, Mr. Szymanski pointed out that this could not be done because of a burrow pit located near the questioned terminal point of Country Club Drive. The Planning Commission noted that if this is so it is a zoning violation and therefore have determined not to act on the request until such time as the problem is resolved. My discussion at your office on January 16, 1969 leads me to conclude that this is in violation of Section 12.80 of the South Burlington Zoning Ordinance which states that the removal of natural products such as gravel is prohibited unle8j� permitted by special approval of the Zoning Board of Adjtat1�L[n(attir. This, therefore, becomes quite complicated since you have plans on file for a housing development where you have excavated and poses the question of whether either Board will act without concurrence of the other. I therefore suggest that you suspend hauling operations until you have had an opportunity to persue this with the Zoning Board of Adjustment. Very. -truly yours, Richard Ward RW/h Zoning Administrator cc: Chairman of Planning Commission Chairman of Zoning Board of Adjustment January 16, 1969 14r. Rone J. Berard Berard Construction Company 1235 Airport Parkway South Burlington, Vermont 06501 Dear :Ar. Berard. Your re�uest for approval of a. revision of Lountry Club Lstates as draw'n a-nqineers, Inc. in January, 1969 was reviewed by the Town Lngineer and determined feasible froya an engiaeering standpoint. When questioned why Randy Court could not connect with Country Club Drive, Mr. :izyipan ski ointed out that tIAs could not be done because of a burrow ,) pit located near the questioned terminal point of Country, Club Drive. The Planning Coi=-ission not:d, that if this is so it is a zoning violation and therefore hAvdetenUned not to act on the request until such tii.,�e as the prol>leia is resolved. "-ly discussion at your office on January 16, 1969 leads me to conclude that this is in violation of Section 12.80 of the Soutii ijurlinqton Zoning which states that the removal of natural products stich as gravel is prohibited unless permitted by special approval of the Zoninq- iSoar d of Adjustment. This, therefore, bec(xaes quite complicated since you have plans on file for a housiny development where you have excavated and poses the question of w'-iether eithtr 11,oard will act witliout concurrance of the other. I therefore suggest t4at you suspend haulintoperations until you have had an opj..)ortunity to persue this with the Zoning Board of Adjustment. Very truly yours, i-,,ichard Ward Zoning AdMinistrator 14wlh CC; -.'hairirian of Planning ComiUssion Chairiaan of Zoning Board of Ad"J'astmeat F--m COM. JTER SERVICES of VERMG,. t, Inc. kK.icy`I cia:r ST ��►�'�' TT��G7W 1 ti1� 1�. %Gs/uTo rM L�OU Iry t'il 1 / ! 7'7 / ea T titer hota,e. �/- VP % C�e.�.-r �ar�Nn s Sry lo} 8e �5 pis w$!ed :�•� I5� ,4-7- w i�ec� v e sr ma's The (� 0 5 r ,-t For v4a.rc9 SPq-ce. X-3 Af �.r�► r �,e s C5V J - �T-fl�-fir f�'�l�n► �RrVE ) A 0 14� 77-e 'Recce "Pk^ -re P -XT cafv ,fir'/e AL1 !i4-•-� ,r�r�-�s�el� ru� �� a III s ley ,ter -Tr LIR- S fO Ke- 'jcrC� c(�{ / �t,�'a�c^'e� e�sor�n,i�Y� /-450 t6L/"C- OL 80 Ethan Allen Drive, South Burlington, VT 05403 802-862-1197 800-639-1532 802-862-6980 (fax) M ; / c jv sc ©� , 7 'T- i � T AA e T Aa/%c t- �� n000l /lie r��6a'`s mow A , A / i s 5 %i-� . C,rc�*"1` .Si �va.X-zdsv �� n Sc /�. f r�-�-,� �it� /j s Aa --, A ip m -)I'h -/-4e 73 5u.- AC, Ot--, r--., f l h �vr� k Poo W rIl a PLANNING COMMISSION Setpember 11, 1984 page 4 Mr. Dooley moved that the South Burlington Planning Commission a rove the Final Pat application of Fasset s Baker, Inc., Peter Bou ea or a -lot subdivision o a arced o land ` containing acres, located -south o Shelburne Road as e is e on a age set of p ans en l e" roperroperty of Fassetts Bakery, Inc.," dated AuZ21stas revised, prepared itzpa ric - ewe yn, Inc. , and subject o the f ol I owing s 1p- ulations: 1) That the necessary access permits be secured from the Agency of Transportation. — 2) That a sewer allocation of 1500 g.p.d. be provided in con- formance with e South Burlin ton Sewer Po is an a eac lot receive an individual allotment rom this amount at site plan review. 3) That any necessary legal documents for utility easements be approved by the Citv A.ttnrnev_ 4) That this approval expires in three years. Mrs. Maher seconded, and the motion passed unanimously. Consider site lan application of Rene J. Berard for construction of a 000 s t. structure including a 2800 sq. ft. construction aci i y and 1200 sq. t. residence at lot Ethan Allen Drive. Mr. Berard explained that the 2800 sq. ft. space would be for a Berard Construction warehouse, and the 1200 sq. ft. living quarters would be for his son. Ms. Bechtel noted that Zoning Board approval had beefireceived for the multiple use; however, it was stipulated that only an immediate family member could reside in the living space. Mr. Berard said there would be 7 parking spaces, and they were asking for a waiving of the 7 additinnal required spaces. Nothing now exists on the site. Mr. Berard reported that percolation tests are excellent and have been submitted. He noted that there is no landscaping plan but that will be submitted. Mr. Dooley then moved that the South Burlington Planning Commission approve the site plan applicAtion of Rene J. -Berard, 10T Ethan Allen Drive, -or the construction of a 4,000 sq. ft. structure (1200 sq. ft. o rest en is space and 28OU sq. ft. of commercial space) ocated on lot #5,Ethan Allen Drive, as deeis ed on a an entitled "Proposed Sewage isposal System and Site an as prepared1 z a ric - ewe nInc._, stamped 9/11/84wi e foilowing stipulations: 1) That a revised landscaping plan be submitted to the City Planner or approval prior to permit. 2) That a $1500 bond for landscaping be posted prior to permit. PLANNING COMMISSION September 11, 1984 page 5 3) That 7 parkina spaces be approved for this facility as shown on the lan and 7 additional spaces be desi ated on the plan as reserved for future use. 4) That 1nt rdrainnge shall he tnward the nnrtheast and not tnwarcd adjacent properties, and drainage plans shall be a roved by the City Engineer and shown on the plan prior to permit. 5) That on -site sewage disposal data including ercolation test results shall e submitted to the City Engineer for approva prior to permit. 6) That this approval expires in 6 months. Mr. Burgess seconded, and the motion passed unanimously. Ms. Bechtel asked Mr. Berard if anything had been done on the land yet. Mr. Berard said nothing above grade had been done. Consider site lan applicatinn of Adams Construction Company for construction of 11,910 sq. ft. building or Modern Mailing Service located at 25 Berard Drive. Walter Adams explained that the company assembles catalogs, brochures, etc. 85% of their business is generated from Offset House which is about one-half mile down the Road. The lot is 160, x 150'. Parking will be in front of the lot. There are 2 loading docks, one to bring materials into the building and one for loading into a Post Office Box. Drainage is on two sides. There is also a swale which heads to the edge and into the River. Plantings will include evergreens along the front of the building, with additional trees and hedges. Mr. Adams noted that the Fire Chief had been concerned that they couldn't get two pieces of aparatus in, so the lot had been made bigger to meet this requirement. Another concern was the the Fire Dept. couldn't properly ventillate the building, so there will be a couple of manually operated vents (operated from outisde the building) on the roof to allow venting. The Fire Chief is now satisfied. The driveway at the street is 25 ft. wide, and there is an existing depressed curb. Mr. Doolev moved that the South Burlington Planning Commission approve the site plan a lication of Adams Construction Company, Inc.,or the construction of an 11,910 s . lui in locateda BerardDrive as e is e on a pan entitled "Cedric emeri Berar Drive South BurlingtonVermont" as prepared Adams Construction Company,Vermont, dated August —and revised September 11, 1984, with e following stipulations: 1) That a new curb opening be concrete, and depressed to li inches above the existing street grade. 2) That on -site sewage disposal data, including percolation test results be submitted to the C i� neer for review and approval. Date Received `v By Date Application Completed and Received By By CITY OF SOUTH BURLING` ON APPLICATION FOR SITE PLAN REVIBV 1) NAME, ADDRESS, AND PHONE NUMBER OF: (a) Owner of Record Rene J . Berard 101 Ethan Allen Dr., So. Burl., VT. (b) Applicant Same as Above (c) Contact Person Paul E . Wamsganz Phone 879-4220 2) PROJECT STREET ADDRESS: Ethan Allen Drive, So. Burlington 3) PROPOSED USES): Construction Company Facility including warehouse storage, office&residence (1200 SF) 4) SIZE OF PROJECT (i.e., # of units, floor area, etc.) 40'W x 100' (4000 SF) 1 story 5) NUMBER OF EMPLOYEES (full & part time) OFF. 1 full time part time 6) COST ESTIMATES: 1 wife & 2 children (a) Buildings $50, 000. 00 (b) Landscaping $1, 5 0 0. 0 0 (c) All Other Site Improvements (i.e., curb work) $ 500.00 7) ESTIMATED PROJECT CCMPLETION DATE Nov. . 30, 1984 8) ESTIMATED AVERAGE DAILY TRAFFIC (in & out) 8 9) PEAK HOUR (S) OF OPERATION 6 - 7 am , 3 - 4 pm 10) PEAK DAYS OF OPERATION Mon- Fri Aug 21, 1984 DATE SIGNATU APPLICANT State of Ver mozit LAND USE PERMIT CASE No. PB-4-0969 LAWS/REGULATIONS INVOLVED APPLICANT Rene J. Berard Environmental Protection Rules: ADDRESS 101 Ethan Allen Drive Chapter 4 - Public Buildings South Burlington, VT 05401 Chapter 7 - Sewage Disposal Chapter 9 - Plumbing This project consisting of constructing a single family house with 2800 square foot office and warehouse space on lot #5 previously approved for a single family residence in Land Use Permit EC-4-0793 located along 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: (1) The project must be completed as shown on the plans Sheet 1 of 1 dated September 1984 prepared by Fitzpatrick - Llewellyn Inc, and on P-1 dated 9-13-84 prepared by Paul Wamsganz with the following corrections, the vents for fixtures P-1 and P-2 shall rise up vertically off the horizontal soil pipes serving each fixture or the vents shall extend up on a 45 degree angle to the horizontal until each vent can rise up vertically and which have been stamped APPROVED by the Division of Protection. No alteration of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. (2) A copy of the approved plans and the Land Use Permit shall Rene J. Berard Page 2 (5) The Master Plumber responsible for the interior plumbing shall indicate in writing, prior to occupancy, that the work has been done in accordance with the approved plans and the Environmental Protection Rules, Effective September 10, 1982. (6) The applicant is reminded that all plumbing material and workmanship must meet the standards of the Environmental Protection Rules, Chapter 9, Plumbing; the National Plumbing Code; and the requirements of the Vermont Fire Prevention Section of the Department of Labor and Industry. Dated this 7th day of December, 1984, in the Village of Essex Junction, Vermont. FOR THE DIVISION OF PROTECTION i Ernest P. Christianson Regional Engineer CC: Donald Robisky City of South Burlington Department of Health Department of Labor & Industry Fitzpatrick - Llewellyn, Inc. Paul Wamsganz Roland Brouillard P, State of Vermont AGENCY OF ENVIRONAIENTAL CONSERVATION Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council Department of Water Resources and Environmental Engineering Essex Iunction Regional Office 111 West Street Essex junction, Vermont 05452 October 5, 1984 Rene J. Berard 101 Airport Drive South Burlington, VT 05401 RE: Application PB-4-0964; proposed residence with office and ware- house; Lot #5 of EC-4-0793, South Burlington, VT Dear Mr. Berard: The Division of Protection has received a written request to allow the commencement of construction for the foundation of the above referenced project. In accordance with the Environmental Protection Rules, Chapter 4 - Public Buildings, Section 4-03(2), authorization is hereby granted by the Protection Division for commencement of construction with the following conditions: (1) Construction of the actual structure is limited, at this time, to foundation work only and does not include nor is permission granted for the installation of interior plumbing either above or below grade. (Please note, interior plumbing is defined to include waste and water piping 3 feet outside of the foundation wall and extending into the building.) (2) 'Permission for foundation construction does not include authorization for the installation of the exterior sewer and water line services to the building. No exterior sewer or water lines are authorized for installation until the Land Use Permit has been issued by the Protection Division. (3) This letter authorizing foundation construction does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Department of Labor and Industry and the City of South Burlington prior to construction. Please note, this office has received the plans for the interior plumbing and ventilation. I will be calling Mr. Paul Wamsganz.concerning the following changes to be made to the plumbing plans to meet the National Plumbina Code. Rene J. Berard Page 2 October 5, 1984 (1) The vent for fixture P-2 (bathtubs) is running horizontal below the flood rim level of the bathtubs. It is recommended that the vent be brought up in the wall at the head of the tub to eliminate this horizontal run. (2) The vent for fixture P-1 (water closet) is also running horizontal below the flood rim of the fixture which it is serving. It is recommended that this vent be brought up vertically off the 3 inch wasteline within the closet wall. (3) It appears that this building will be of slab construction with the 1 inch water line located below slabs. If this is the case, then the water lines to the water meter, kitchen sink, etc. will be within 10 feet horizontal distance to a below grade sanitary line which is not permitted. Rather then sleeving all the below grade water lines as maybe acceptable to the Protection Division, it is recommended that the water line be brought above grade at a point further then 10 feet from any below grade sanitary line. In the meantime, should you have any questions, please contact this office. S!ncerely, Ernest P. Christianson Regional Engineer ps September 26, 1984 Rene Berard 101 Ethan Allen Drive South Burlington, Vermont 05401 Dear Mr. Berard: Enclosed are the Findings of Fact from your recent Site plan approval. Please call me if you have any questions. Sincerely, Jane S. Bechtel, City Planner JSB/mcg 1 Encl September 14, 1984 Rene Berard 101 Ethan Allen Drive South Burlington, Vermont 05401 Dear Rene: Enclosed are the minutes from the Planning Commission meeting of September 11, 1984. 1 have received and approved the landscaping plan dated 9/13/84 and Bill Szymanski has approved the pert test results and drainage plan. The $1500 bond is the only outstanding item before you receive your permit. I will send you the Findings of Fact under separate cover. Please call me if you have any questions. Sincerely, Jane S. Bechtel, City Planner JSB/incg CC: Paul Wamsganz Doug Fitzpatrick (RAPHIC/CONSTRUCTION MGMT. SERVICES, INC. 60 Pearl Street, P. 0. Box 5219 Essex Junction, Vermont 05453-5219 (802) 879-4220 September 12, 1984 City of So. Burlington Jane S. Bechtel, City Planner Dorset Street So. Burlington, VT 05401 REFERENCE: Rene J. Berard Landscaping Plan Planting Schedule and Cost Estimate Quantity Bot. Name Common Name Unit Cost Cost 9 Juniperus Chinensis Sargent $21.00" $189.00 Juniper 4 Acer Platanoidcs Norway Maple 75.00 300.00 3 Malus Coronaria Flowering Crab 42.00 b% 126.00 A-�)ple $615.00 0 Total Cost of Plantings $615.00 • Installation Factor (2.5) • Installed Cost ($67.5.00 x 2.5) _ $1537.50 0 Source for Plantings Quote From: Gardenside Nurseries, Shelburne, VT Should you have further questions regarding this matter, please do not hesitate to contact me. Very truly yours, GC J Paul E. Wamsganz / cmw a_ , PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 September 14, 1984 Rene Berard 101 Ethan Allen Drive South Burlington, Vermont 05401 Dear Rene: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes from the Planning Commission meeting of September 11,1984. I am expecting a landscaping plan from Paul Wamsganz and will have Bill Szymanski review Doug Fitzpatricks perc test results and drainage plan. After this, the$1500 bond will be they only outstanding item before you receive your permit. I will send you the Findings of Fact under separate cover. Please call me if you have any questions. Sincerely, Jane S. Bechtel, City Planner JSB/mcg 1 Encl cc: Paul Wamsganz Doug Fitzpatrick � w vsu��,�pl� ��iy 9/11/84 JSB MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Rene J. Berard, 101 Ethan Allen Drive, for the construction of a 4000 square foot structure (1200 square feet of _ residential space and 2800 square feet of commercial space), located on lot #5, Ethan Allen Drive, as depicted on a plan entitled "Proposed Sewage Disposal System and Site Plan° as prepared by Fitzpatrick -Llewellyn, Inc., stamped 9/11/84, with the following stipulations: 1. That a revised landscaping plan be submitted to the City Planner for approval prior to permit. 2. That a $1500 bond for landscaping be posted prior to permit. 3. That sueparking spaces be approved for this facility and eight additional spaces be designated, as reserved for future use. 4. That lot drainage shall be toward the northeast and not toward adjacent properties, and drainage plans shall be approved by the City Engineer and shown on the plan prior to permit. 5. That on -site sewage disposal data, including percolation test results shall be submitted to the City Engineer for approval prior to permit. 6. That this approval expires in 6 months. s 9/10/84 JSB MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Rene J. Berard, 101 Ethan Allen Drive, for the construction of a 4000 square foot structure (1200 square feet of residential space and 2800 square feet for commercial space), located at lot #5, Ethan Allen Drive, as depicted on a plan en- titled "Construction Facility Site Plan" as prepared by C,�.ad�3►c/,rizxc"�d st r-�i� emPnt cAY_�� s, Inc., dated 8-/42444-with the following stipulations: 1) That a revised landscaping plan be submitted to the City Planner for approval prior to permit. 2) That a $1500 bond for landscaping be posted prior to permit. 3) That seven parking spaces be approved for this facility. 4) That lot drainage shall be toward the northeast and not to- ward adjacent properties, and drainage plans shall be approved by the City Engineer and shown on the plan prior to permit. 5) That on -site sewage disposal data including percolation test shall be submitted to the City Engineer for approval prior to permit.\ 6) That this approval expires in 6 months. ) 1] -Z,"B\(A X-e_st� OA, C-Q- C-ocw It 5 fQ (y� iz, Q-C� CDN-k� 0 j Memorandum September 11, 1984 agenda items 9/7/84 Page 3 7 )RENE BERARD (RENE THAN ALLEN DRIVE The applicant proposes to construct a one-story, 4000 square foot structure that will be both residential (1200 square feet) and a construction company facility (2800 square feet). The Zoning Board will consider a request for a Multiple use permit on September 10. Assuming it is granted, my comments are as follows: Pedestrian and Vehicular Access: A twenty foot wide gravel driveway will serve the lot. Circulation and Parking: Circulation is adequate. Seven spaces are proposed, although 14 are required. The applicant requests a waiver of 7 spaces. With only 8 daily trips estimated, this waiver appears justified. Landscaping: $1500 in landscaping is required. The landscaping plan does not meet this requirement and additional plantings will be required. Other: On -site septic is proposed. Chief Goddette has reviewed this and has no problems with the proposal. See Bill Szymanski's memo on drainage and the septic system. 8) ADAMS CONSTRUCTION COMPANY FOR MODERN MAILING SERVICE, BERARD -DRIVE (CEDRIC DEMERITT) The applicant proposes to construct an 11,910 square foot building for Modern Mailing Service, a mass mailing and envelope -stuffing operation. It is located in the Industrial -Commercial District on Berard Drive. Circulation and Parkin : Eleven parking spaces are proposed. Space is avilable for loading and unloading two tractor -trailer sized trucks. Landscaping: Landscaping is sufficient as proposed and exceeds the minimum requirement of $5220. Other: Chief Goddette iS concerned about an inability to give adequate fire protection to the building due to its size and poor circulation around it. � The applicant, the Chief and I will meet prior to the Commissions meeting to resolve this. One solution may be to place gravel over the septic tanks so fire vehicles can use this area if necessary, although it will not be used for parking. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Next week's agenda items Date: 9/7/84 4) TWIN OAKS TENNIS CENTER 1. A drainage plan shall be submitted. 2. Sidewalks shall be continuous across driveways of grade of existing. 3. Curb cuts shall include depressed concrete curbs across the entire opening. 4. Sewer allocation is estimated at 900 gallons per day based on State Standards. 5) JOHN RUSSELL FOR ROSE M. BILLADO ESTATE, COTTAGE GROVE AVENUE 1. Method of handling parking lot and driveway drainage should be shown. 6) FASSETT'S BAKERY PROPERTY, SHELBURNE ROAD No Comments. 7) BERARD LOT, ETHAN ALLEN DRIVE 1. Lot drainage shall be toward the northeast and not toward the adjacent properties. 2. On site sewage disposal data including percolation tests shall be submitted for review and approval. 8) CEDRIC DEMERITT (ADAMS CONSTRUCTION COMPANY) 1. If a new curb opening is constructed it shall be concrete,depressed to 12 inches above existing street grade. 2. On site sewage disposal data including percolation tests shall be submitted for review and approval. September 7, 1984 Rene Berard 101 Ethan Allen Drive South Burlington, Vermont 05401 Dear Rene: Enclosed is the agenda for the Planning Commission meeting of September 11, 1984 at 7:30 P.M. Please be sure someone is presnet to represent your application. I am also enclosing a copy of my memo with the Planning Commission and Bill Szymanski's comments. Please call me if you have any questions. Sincerely, Jane S. Bechtel, City Planner JSB/mcg 3 Encls ILn FITZPATRICK-LLEWELLYN Mori. ,�ATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 TO LFEu=[rL_ .1 OF 11TMIJVOOM TTUL ATTEN RE: NO. WE ARE SENDING YOU Attached ElUnder separate cover via �" r� the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION _ S O -- THES .ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections For review and comment ❑ FOR BIDS DUE 19 REMARKS \ COPY TO V ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints SIGNED PRODUCT240-3 �ma, Gmmo, Mm 01471. If enclosures are not as noted, kindly notify us FITZPATRICK-LLEWELLYN INCH RATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 TO C LIETTFL,t) OF ITRUSOMOTMU DATE JOB WO.L.* ATTENTION VA :55 RE: WE ARE SENDING YO`�Attached ❑ Under separate cover viathe following items: \ ❑ Shop drawings ❑ Prints Plans ❑ Samples ❑ Specifications �p Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTIO 2 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑l FOR BIDS DUE 19 REMARK SA, " ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US ��. "�. �_- rid_. r • `, � ~ �`. WWI 1 �� oil PRODUCT240-3 �Inc., WWA, Msa. 01471. If enclosures are not as noted, kindly notify us �D FITZPATRICK-LLE U WELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 * (802) 878-3000 13 September 1984 Mr. Ernest Christianson District Engineer District #4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 RE: Rene J. Berard; Lot #5, Ethan Allen Drive, South Burlington Land Use Permit EC-4-0793 FILE: 8485 Dear Mr. Christianson: On behalf of our Client, Mr. Rene Berard, we are enclosing herewith two (2) copies of our Drawing D-1080, "Proposed Sewage Disposal System and Site Plan" for your review, comment, and approval. The enclosed plan shows the proposed on -site wastewater disposal system for Mr. Berard's Lot #5 improvements. The improvements, as indicated, are a single-family, 3-bedroom dwelling, attached to a 2,800 ft2 construction -equipment storage/warehouse building. The proposed on -site system has been sized to accomodate the 3-bedroom dwelling and the warehouse., as if it were fully used as commercial space, with an employee for each 250ft2. This, in our mind allows Mr. Berard the most flexi- bility in the use of his structures. Since the City of South Burlington anticipates (and expects) the entire structure will someday be used as commercial space, our proposed system is quite conserva- tive; with 4,OOOft2 of commerical space, at 15 gpd for each 250ft2, the entire future flow would be only 240 gpd, or 38% of our design flow. As you will recall, we contacted your office regarding Item #3 of the Land Use Permit, and secured permission to locate the proposed leach bed other than exactly where this lot's tests were taken, since all the tests we did over the entire sub- division were so consistent. We trust the enclosed plan, except as noted above, meets the requirements of the Project's Land Use Permit, specifically Item #6. Our Client is most anxious to complete this Project before freezing weather really is upon us, so any effort that you could make to expedite your review Design 0 Inspection • Studies 0 Permitting Mr. Ernest Christianson FILE: 8485 13 September 1984 Page Two would be appreciated. Mr. Berard, under separate cover, will soon be submitting his plumbing and riser diagrams for your approval. Should you have any questions, please feel free to call us at your convenience. Sincerely, FITZPATRICI INCORPORATED Douglas R. FitzPa ick, P.E. DRF:amo cc Ms. Bechtel, South Burlington City Planner, w/encls.(2)�--' Mr. Berard, w/encls.(4) Graphic/Construction Management Services w/encls.(1) FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services September 11, 1984 Mr. Rene Berard 101 Ethan Allen Drive South Burlington, Vermont 05401 Re: Zoning appeal Dear Mr. Berard: Be advised that your request for a zoning variance has been granted by the Zoning Board of Adjustment. The Board stipulated that the multiple use of the building be only for family members. It being understood that the residential unit will be converted into office area in the future. The Board will issue formal findings at a later date. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg August 27, 1984 Rene J. Berard 101 Ethan Allen Drive South Burlington, Vermont 05401 Re: Zoning appeal Dear Mr. Berard: Be advised that the South Burlington Zoning Board Of Adjustment will hold a public hearing at the City Offices, Conference Roan, 575 Dorset Street on Monday, September 10, 1984 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attlead this hearing. Very truly, Richard Ward, Zoning Administrative Officer RW/Wg No Text NO'rici-: m \I' i-'-,\I, SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Rene J. Berard %1' 101 Ethan Allen Dr. So. Burl., 862-5749 Name, address of property owner 41 Same as Above Property location and description ti' Ethan Allen Dr., Lot 5, 42,918 S.F. I hereby appeal to the Zoning Board of Adjustment for the following: conditional use. variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay he hearin fee of $30.00 which is to off -set the cost of the hearing. _ Hearing Date / Sig ure of Appellant Do not write below this line — — — — — — — — — — — _Y— — — -- — — — --- — — — — — — — — — — — — — — — — — — — — — — — — -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — U SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning. Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on , , at (day of week) (month and date) time to consider the following: ,_# Appeal of king a � , seei r _4_� e ..w Burlington Regulations. K0q(Jest is for prru,ission to yy, TE70 rl A 1 CITY OF SOUTH BURLINGTON Subdivision Application - SKEICH PLAN 1) Tame, address, and phone number of: a. a,ner of record ��C_ j—, 15 o 5 7`h1/Z Al _SQL 19ute4-/"KI -7lf9 b. Applicant L f _.z -- �� 41 % U/G"-ztJ CP c, ontact person Tatyav 00e4, <,t 0';y zje- 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels involved as well as proposed use (s) . _��'d �i`vi s q e ou k,T/2�, C. l U r3 4--,5, 7g71b� llyc iG' r- I v f� plCa z O 4/ / P '7W O k /% /f c le --S o F G lfv v D 3) Applicant's legal interest in the property (fee simple, option, etc) - 4) Namesof cvmers of record of all contiguous properties 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. _ CO U a yi.�-triI`� . s L' c3 c e �'Tf'z L �a (.4_/3 b'�: 7 -2- 6) Proposed extension, relocation, or modification of municipal facilities such as sewerage, water supply, streets, storm drainage, etc. f T hi �e' S T' G 1,4.- c-:5 % ff g- GrJ G C j3 Ls` Swit/ !7 S TzrAe vzz .) X/t bel S 7) Describe any actions taken by the Zoning Doard of Adjustment, or previous actions by the South Burlington Planning COMMission, which affect the proposed subdivision an,tinclude dates: 8) Att�-ch a sketch plan showing all information required under items 2 through 7 on P. 5 of the Subdivision Regulations. - ignature) aplican or contact person date FOR OFFICE USE subMission of applicc-ion �_nd s'.eteh plan to administrative officer this proposal is classified as a omajoor minor subdivision - apPlication eeem_d complete - proposal tentatively schncu1ee for -first Planning CC-m-zission 11'e ting on Confirmec For Country _Club Estates Extension A 24 lot extension of the existing Country Club Estates' development is planned. Access will,be via city streets leading off existing city streets. Municipal water will be used. Sewage disposal will be on site,- perc testo will be required. At 24 lots on about 11 acres, density is fir Mow the maximum of 44 units. The land in question is most y level - topography should present no problems, although contours will be needed to verify,' this. Elevations are all well above the flood hazard area. It would be desirable to provide public access tn the river. The use of, and access to, a small, largely unv,SsOoble piece of, - "back land" being retained by the o-;mer should be'verified. W -a z1 7 -r 14- City of South Burlington 1175 WILLISTON ROAD of __ SOUTH BURLINGTON, VERMONT 05401 ,,_ �,,•• TEL. 863-2891 May 2, 1978 Mr. John McKenzie 10 Mountain View Boulevard South Burlington, Vermont 05401 Re: Sketch Plan, 24 lot subdivision, Country Club Estate Dear Mr. McKenzie: Your sketch plan application lacks the following: 1. names of abuttors within Country Club Estates. 2. type of covenants. 3. any conditions of the previous approval for Country Club Estates which affect this proposal. 4. boundaries and area of all contiguous land belonging to owner of record (especially the land lying between the existing development and the river). These items must be completed before the Commission can review your sketch plan. Yours truly, Stephen Pal, — Planner SP /mcg PROTECTIVE COVENANTS COUNTRY CLUB ESTATES South Burlington, Vermont KNOW .ALL MEN BY THESE PRESENTS: That, in order to insure the use of the property in Country Club Estates for attractive residential purposes only, to prevent nuisances, to prevent the impairment of the Attractiveness of the property, to maintain the desired tone of the community, and thereby to secure to each site owner the full benefit and enjoy- ment of his home, with no greater restriction upon the free and undisturbed use of his site than is necessary to insure the same advantages to other site owners, and to afford, also, a maximum protection to the developer and the Town of South Burlington, in general, Rene J. Berard and June A. Berard do hereby declare the following Protective Covenants on the following land: COUNTRY CLUB ESTAT 7S, being that part of the lands and premises, including all streets, roads, sidewalks, ways and accesses, that appear on a Plan of Land entitled "Country Club Estates, South Burlington, Vermont", which said Plan shall be recorded in the Land Records of the Town of South Burlington. Being a part 6f the lands and premises th--it were conveyed to Rene J. Berard and June A. Berard by Warranty Deed of Ethan Allen Farms, Inc., dated May 1, 1961, and of record in Book 56, Page 357, of the Land Records of the Town of South Burlington. 1. That each lot will be used for permanent residential purposes only and tht no structure of a temporary character, including but not limited to trailer;, basements, tents, barns, or other outbuildings, shall be used on any lot at any time for residential or other purposes, except professional offices will be permitted in homes if they comply with zoning requirements, but no trade or other business activity will be permitted; 2. That no lot shall be divided for sale or otherwise, except that the developer or the Architectural Oontrol Committee may permit the alteration of lot lines or lot dimensions, if, in their judgment, such alteration does not conflict with the spirit and purpose of these covenants; 3. That no building shall be erected, maintained, or placed upon any lot, other than one detached single-family dwelling not exceeding two stories in height and a private garage for not more than two cars; 4. That no raised ranch, split level one-story dwelling shall be erected, maintained, or placed upon any lot having a liveable floor area of less than eleven hundred square feet (1100 sq. ft.), nor any 1-112 or 2-story home have less than fifteen hundred square feet (1500 sq. ft.) of liveable floor area, exclusive of one-story open porches and garages; no dwelling shall be permitt- ed upon any lot unless there is, also constructed and erected at the same time a private garage or carport for at least one car. The main dwelling and private garage shall be completed within one (1) year after the commencement of construction; e,"ch oweiiing shall have a minimum of one and one-half (1-112) baths; 6. That no dwelling building, garage or other structure shall be located on any lot nearer than thirty (30) feet from the street lines, nor nearer than fifteen (15) feet from any side line and at least thirty (30) feet from the rear line of the lot. A five-foot (51) easement is retained on side and rear lot lines as may be needed for installation and maintenance of underground Utility services; 7. That no animals, livestock, or poultry or any kind shall be raised, bred, or kept on these premises, except that dogs, cats, or other household Pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose; 8. That there shall be no disposal of refuse of any kind by burning or otherwise, nor shall any noxious or Offensive activity of any nature be carried on upon any lot, nor shall anything be done thereon or permitted to be done thereon which will be an annoyance Or nuisance to the neighborhood, nor shall any use thereon be permitted which is dangerous to health; 9. That no building, fence, wall, or other structure shall be commenced, erected, maintained, or placed upon any lot, nor shall any addition or alteration be made changing the architectural design of the premises Until plans and specifications shall have been submitted in writing to the Architectural Control Committee for approval; 10. That during construction of dwellings on said lots, the curbs in front of said lots, and underground Services and utilities, and lot and corner markers will be Protected against damage or dislocation by the owners of said lots, who will be responsible for any such damage Or dislocation; 11. That water mains in the streets in front of said lots will be installed by Rene J. Berard/Country Club Estates, and purchas- ers of said lots shall have the right to connect tosaid mains for the purpose of bringing water to said lots, but the cost of bringing water from the mains to inside the lot lines of each of said lots shall be borne by the purchaser from Rene J, Berard/ CountClub 12. That purchasers of said lots, their heirs and assigns, will have a right-of-way over streets laid out within said development until such streets are accepted by the Town of South Burlington as public streets. 13. That there shall be an Architectural Control Committee Ori- ginally composed of the following persons: Rene J. BerarU—, Harold Bensen, John McKenzie, Peter Jacob, and Eric A. Schuppin. A majority of the committee may designate a representative to act for it. in the event of death or resignation Of any member of the committee, the remaining members shall have authority to designate a successor. The Architectural Control Committee shall have the right to refuse to approve any sUc4_pldns2 specifications, or grading plans wrilch, in its opinion, does not conform with the Provisions of this instrument. It shall have the further right in Passing upon such plans and specifications to take into consi- deration suitability and harmony of the proposed building or other structures with the surroundings and 'the effect of the build- ing or structures On the outlook from the adjacent or neighboring property, 14. That approval of the Architectural Control Committee, as re- quired in these Covenants, Tall be in writing. In th e that the Architectural Control Committee fails to approve vonrtdis- approve w t irZY (30) days after; the plans and specifications have been submitted to it, approbal will be conclusively presumed and will not be required and the Covenant numbered 13 shall be deemed to have been fully complied with. These Covenants are to run with the land and shall be binding upon the parties claiming under them for a period of twenty (20) years from the date these Covenants 'are recorded, after which time said Covenants shall be extended for a period of ten (10) years, unless an instrument signed by a majority of the then own- ers of the lots above described has been recorded agreeing to change said Covenants in whole or in, part, "allforcement of these covenants may be by proceedings in equity or at law against any person or persons violating or attempting to violate any covenant, either to restrain the violation or re- cover damages, cost of this action to be borne by the offender. In,ialidation of any one of these Covenants by judg-meet or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITN11,�SS WHEREOF, the said Rene J. Berard and June A. Berard have affixed their hands and seals this 8th day of October, 1965. In Presence of: John F, Gilbert Rene J. Berard SEAL John A. McKenzie June A. Berard SEAL STATE OF VERMONT ss. At South Burlington, in said County COUNTY OF CHITTRWIDEN of Chittenden and State of Vermont, on this 8th day of October, 1965, personally appeared before me Rene J. Berard and June A. Berard, and they acknowledged the foregoing to be their free act and deed. John F. Gilbert Notary Public Received for record October 8. 1965 at 3:15 P.M. Attest 6 f ONW, ff . �C,R K MEMORANDUM TO: South Iturlington Planning Commission FROM: William Szymanski, City Engineer RE: Country Club Estates Revision DATE: April 29, 1971 Mr. Berard has complied with my request for a cul-de-sac with an island. Although the new owner has no plans for continuing the development some future owner may. Perhaps it would be in the best interest of the City to provide for possible future street extensions by designating the rights -of -way. William J. Szymanski City Engineer 2 May 2, 1978 .,.Ir. tTchn !I-_- cnzio 10 Mountain Vimi Boulevard South -.3urlington, Vermont 05401 Re: Sketch Plan, 24 lot subdivision, Country Club Estate Dear Mr. Mcl,'Ienzie: :'our sketch plan application lacks the f olloaincj: 1. names of abuttors witbin Country Club Estates. 2, type of tovenants, 3. any conditions of the previous approval for Country Club Estates which affect this proposal. .4. boundaries and area of all contiguous land belonging to owner of record (especially the land lying between the existing development and the river). These items must be completed before the Commission can reviai-i your sketch plan. Yours truly, Stephen Page, Planner SP/mcg wivc,a-n V 4- ot-- I:VAUMVA,`f No Text No Text i� Jtfffllf SOUTH BURLSNQ N PL&MNG COMMISSION April 29,1971 The South Burlington Planning Commission held a meeting at the Middle School, Room 142, Dorset Street, South Burlington, Vermont on Thursday, April 29, 1971 at 7:30 P. M. Mr. Lamphere, Chairman called the meeting to order at 7:35 P. M. MEMBERS PRESENT James Lamphere; Joseph Allard; Douglas Tudhope; Richard Haigis. O=S PRESENT C. Harry Behney, President of City Council; Richard Ward, Zoning Administrator; Jere S. Meserole, Lakelands Corp.; Ernest J. Bourgeois, Berard Construction Co.; Richard W. Posey, C. S. Cook, D. B. Haslam, Jr. all with Lakeview Buick, Inc.; Robert Chittenden; Mrs. Arlene Krapcho, League of Women Voters; 1'}rs. Jean Hildick; 11rs. Dorothy Guilford, Secretary. Rene Berard, Country Club Estates Revision 11r. Ward showed a plan of this revision, explaining that Mr. Berard proposes to place Lots 30 D and 30 C on Revision 5 through Lot 47 Revision 4 back into farm land. A memorandum dated April 29, 1971 submitted by Mr. William Szymanski, City Engineer with his recommendations and comments is attached to these minutes. Discussion followed. 1,r. Tudhope moved that the Planning Commission require that a right-of-way be shown on a man of this district so that access to the farm land be provided for possible future development, to the satisfaction of the City Engineer and that right-of-way be shown from both dead end streets. 1�r. Allard seconded the motion and it was unanimously approved. 1-11r. Haigis said he would like to recommend to 1-11r. Berard that Lot 30 next to 30A be changed to allow 30A more frontage. Mr. I-Uard made the request that 1-!r. Berard and 11r. Bourgeois return with a revised plan showing the right-of-way. All members agreed that this should be done. 1 (� 2C ✓/ S / r7 el-7 g�-- s4+a2 'L� •�^�2.1 n��-` _._��-�"� _5o v -J' /�<> r _1- ;'ln 13 3 157_/C.uT�✓;.r��-L'`L-�s��--��l��ci�aio�� <_/�/cyc-/�rsr�� i C. - �t-U._� `� !ram �.k��L _�3��✓1 -_ s2_--_�.s�c-,C�c��..�`� c� �..� � Y ---- — — -74 I.-.- P, v C-114, 4C 4e - - --------- - 4a Z - - - -------- -777 x9,31 ---------- - - --- -------- JOHN T_ EWING ATTORNEY AT LAW 86 ST_ PAUL STREET BURLI NGTONNERMONT January 16, 1969 Mr. Henry N. LeClair Town Manager South Burlington, Vermont 05401 'z )/,a ;;- too vk /1 C/V i �_ ' AREA CODE 802 864-4556 Re: Warranty Deed of Berard to Town of Portion of Streets In Country Club Estates Dear Henry: I have reviewed the proposed Warranty Deed, Transfer Return, and Partial Release of mortgage in connec- tion with the above. I have also searched the title to this property. It is my opinion that the deed is in proper form, with the exception noted below, and that the title to these streets is free and clear, with the exception of the mortgage to the Howard National Bank & Trust Company, for which the developer has furnished a proper partial discharge. There should be added to the deed the language suggested in such cases, as contained in my letter dated today. JTE/p Very truly yours, ,�YJohn T. Ewing RECENEU s'1 i""6:_ MANS OFFirF � �� Y .r d ("!i 6 �_ �� l a4�". {r "` % '7 r;; .._�. _ �, ;�#_ #�,w ,� � � ._-•,.. �,� t° � t_ � l .. Gam' �t �" �v ._�. - rho -- _. _.. _i _�..' .. •�.�-� Ct 71 e r < s- � FF I` c Y , w y, �R. • - •s 'j � r i ..;.e �� /,/ !`� c•s �. �1.; �?.^ by � �� J4 � a... 4, \ � I < �* `. 6s � , � � � - _ `. �, k � 1 �� mpg � � .,^,.,�,.� ,• � .. � - �� APPROVED : i .e- ' - 7\ '`w„wi � 6,N ,� " ." �\ _ � 'mil. ,,,,�a�•�.y,,. .N...v: ^sa+tso J.t- , , 9 y�f,y i m . p �w " r � �� fay-y � j� „¢t ` c j�, f -- N c � -� y � - ;,;r •s :� >rvE s .` / � ( /' .,t..^T ,f Ui4 i �. ✓l.ICMCSY7' 4 �...% _ _ µ ^ •fit .er. i- � V. , �r • i r � l n" August 11, 1967 Mr. Rone J. Berard 101 Ethan Allen Road South Burlington, VenTiont 05401 Dear Mr. Berard: This is to notify you that the Sc)-ulljt Board of Adjustment will hold a publ,-Ic hearing, at tho Town Office Building, 555 Dorset Stroet, South Burlington, C) Vermont on Wednesday, August 16, 3.9 �7' at 7:30 P.M. to consider your appeal for a variancw. Please plan to attend the meeting. Very truly- yours, Henry LeClair Town Manager FII/h I ESCROW AGREEMENT THIS AGREEMENT entered into this ,2�/j_day of January, 1966 by and between RENE J. BERARD and JUNE A. BERARD, both of South Burlington, Vermont (hereinafter referred to as the "Developer"), the TOWN OF SOUTH BURLINGTON, a municipal corpora- tion in Chittenden County, State of Vermont (hereinafter referred to as the "TOWN"), and the HOWARD NATIONAL BANK & TRUST COMPANY, a national banking association with its principal place of business in Burlington, Chittenden County, State of Vermont (hereinafter referred to as the "BANK"); W I T N E S S E T H: WHEREAS, the Developer is presently engaged in the devel- opment and sale of lots in a development known as Country Club Estates in South Burlington, Vermont, and in order to comply with the ordinances, laws and regulations of the Town and its constituent commissions and officers, has executed simultaneously with this Escrow Agreement, an Agreement with the Town in which it has agreed, among other things, as follows: 1. Developer hereby covenants and agrees that he will within two (2) years from the date hereof install gravel sub -base and roads, curbs, d3:&.Laage facilities, water lines and two and one half inches of bituminous paving for the streets hereinafter listed in accordance with the minimum specifications and standards for sub -divisions in the Town of South Burlington in effect as of the date hereof and will further within said period make all such improvements as are set forth in a plan of Country Club Estates sub -division dated August, 1965, prepared by Engineers, Incorporated of Vermont, and approved by the South Burlington Planning Commission and in accordance with the records of the Planning Commission dated September 22, 1965. Mountain View Blvd. Kitty Street Cinda Street from Country Club Drive to Mountain View Blvd. -3- NQ'W THEREFORE, in consideration of the premises and other lawful consideration, the receipt of which is acknowledged by each party, it is agreed as follows: 1. The Developer agrees that said promissory note in the amount of Fifty Thousand Dollars ($50,000.00) and the loan proceeds thereof may be held by the Bank and used for the purposes and upon the conditions hereinafter set forth. The Developer further agrees to repay to the Bank according to the tenor of said promissory note, any advances made by the Bank pursuant to the terms and conditions hereinafter set forth. 2. The Bank shall make no advances of the loan proceeds except as instructed by the authorized representative of the Town, as herein set forth. In the event the Town shall file with the Bank a written statement asserting that the Developer is, in the judgment of the Town, in default under the terms of said Agreement between the Developer and the Town of even date herewith relating to the construction of streets and other improvements in the Country Club Estates Development, the Bank shall sake advances from time to time from the loan proceeds of said note in an amount or amounts not to exceed Fifty Thousand Dollars ($50,000.00) , as requested from time to time by the duly authorized representative of the Town, whether or not the Developer has knowledge of or consents to such loan advances. The Town agrees that it will promptly notify the Developer that it has filed, or is about to file, such a claim or claims of default with the Bank. The Bank shall be under no duty to inform the Developer of the receipt of such claim or claims of default, nor of the amount of any such loan advances to the Town. The Developer shall, however, be entitled to examine all documents which the bank may have in its possession and the Bank will, at the Developer's request, furnish at least one photocopy of such of these documents as the Developer may request. 3. The Town agrees that all such loan advances shall be expended only for the purpose of completing the streets and other improvements in said Country Club Estates Development in accordance .with said Agreement between the Developer and the Town relating thereto. Nothing herein shall be construed, however, as requiring the Bank to inquire into thepropriety of any claim or claims of default off. the eown, nor shall the Bank be required to make any determination as to whether or not such loan advances are in fact expended in accordance with the agreement between the Developer -4- and the Town, nor shall the Bank be required to make any determination as to whether the required street and other improvements have in fact been completed. The Hank shall not be liable to the Developer or the Town for any action taken by the Bank while acting in good faith and in reliance upon the Bank's interpretation of its obligations under this agreement or any .instructions received by the Bank from persons who are believed by the Bank to be authorized representatives of the Town and the Developer, or either of them. 4. The bank and Developer agree that the above described promissory note in the amount of Fifty Thousand Do -lays ($50,000.00) and the loan evidenced by said promissory note shall be non -cancellable for a period of thirty (30) nonths from the date hereof, unless written permission is obtained in advance from the Town. Further, the Bank agrees that in no' manner whatsoever shall it refuse or delay to wake such loan advances when and as requested during said thirty (30) month period by a duly authorized representative of the Town, and the Developer agrees that in no manner whatsoever shall it interfere with or hinder such loan advances by the Bank to the Town. 5. This Escrow Agreement shall terminate and shall be of no force or effect upon completion of all work contemplated by said Agreement between the Developer and the Town and the written approval of said work by the Town. Dated at South Burlington, Chittenden County, Vermont, this of of January, 1966. In the Presence of: " STATE OF VERMONT CHITTENDEN COUNTY, SS. by RENE BERARD- TOWN OF SOUTH BUR,LINGTOI Its dVay au`thor%se gent � f; ROWARD NATIONAL BANX & TRUST 06—AANY au On this ��' day of January, 1966, appeared RENL J. BERARD and JUNE A. BERARD persons described in and who executed the before me, personally to me known to be the -5 foregoing instrument, and acknowledged to me that they executed the same as their free act and deed as Developer. Before toe �� f Notary Public STATE OF ` ERMONT CxITTENnEN COUNTY, SS. On this 25 14 day of January, 1966, before me a Notary P lie, 8ppearur to me known to be the �C't o t e TOWN OF H BURLINGTON, the corpora.t o n in and which executed the fore going instrument, and acknowledged to me that the seal affixed to sAidinstrument, was signed and sealed on behalf of said TOWN OF SOUTH BURLINGTO b authority of its Board of Selectmen .and said acknowledged the same instru- ment to be theVfreb act and deed7f said corporation as '�tw d*k" Before me c STATE OF VERMONT CHITTENDEN COUNTY, SS. On this ¢h-. day, of3 January, 1966, before me, a Notary Public, app+�"areff— w_-r�r �c i-err-1 to me known to be the it of HOWARD NATIONAL BANK & TRUST C IWAI NAY, the associ-a-ton named in and which executed the foregoing instrument, and acknowledged to me that the seal affixed to said instrument was :signed and sealed on behal;fr?f said HOARD NATIONAL BAND & TRUST COMPANY and said acknowledged the same to be the free act and eed of sad association as % Before me Notary `Public ""� i 1LO66 by and between PXW J. MAIM and JUNE A. URA, both of South burlinVton, Voraeont (hereinafter referred to as the * v*1oper- )r the TOWN OF SOUTA SUALINGTON, a municipal l corpora- ti0U is Chittex en County, stat* of Y+aM"t (h*r*inaeft*r t0f6rr0d to " the 'TOWN') , and the "I t `d NATIONAL K & TRV$T COMPAXTj a national banking association with its principal place of lb si oss In burli"ton, ChitteA County, estate of V*rs t t reina t*r rreferraa4 to as the '*#WK.*} s s I T M I S 8 E T a WUZPXJ4, the Davoloper is presently ongag in tbo d*"l- nt and sale of lots in a dovelopment known as Country Club Notatos in SoutA Burlington, Vorasoatt and in order to fly with the ordinances, laws and r"ul*ti.ons of than Town and. its Constituent comissioes an4 officer*# has oxovuted simultaneously. with this Escrow qre t, ^A Agraeaaent with t. Town in which it has agreed, Ong other things, as follows s 1. Developer hereby oovenants and agrees that he will. vithiA two (2) yaars from than date hereof install gravel sub -base and aids, curbs'. drainage f'aaaaai.lities, water lime and two and one halt inch*$ of bituminous paving for the streets hereinafter fter listed in acoor4anca with the mininum spoelfications and standards for sub -divisions in the Town of nth turlington in effect a* of the daete, heraW and will furtWw within said period make all a IsIamants as are set forth in a plan of Country Club tstotaers sub -division mated Auqust, 1965, prep&rod by linso , Incorporated of VormontIr an4 approved by the Booth Burlington Planning Comissica and, In acaordAnce with the roc rds of the Plamini Commission dated September 22, 1196S. ntain 'View Blvd. xitty $treat Ci.a 4aa tr"t frost country Club rivo to xiountaain view sivai. Ir I THIS AGRZXMNT entered into this . � tray of January, 1966 by and between R Z J. UtRARD ant» JUNE A. JARARD, bola of South surli.agten, Vermont (hereinafter roferrod to as the "0ev*loper0), the TOWN OF SOUTA AURLINOWN, a 1emicipal corpora- tion is Chittend en County, State of Vereewnt (hereinafter roferred to as the "TOO ') , d the -Ht iAJW NATION, K & TRUST COMPAXT, a national ba"ixeg asseciaticm with its principal place of bus#.A*xas in burlingtonj Chi.ttRend*a County, State of Vermont (h*r*inaft*r referred to an the *8i K") j W I T X X S SL T Sz WUXRL", the Developer is prreesontly angaged in the devel- opment and sale of lots in a development known an Country Club Estates in South Surlingtono Vornontr and in order to amply with the ordinances, lags and r*qul*ti.ons of the `'own area its constituent comiasions and officers, has a wcuted simultaneous with this Escrow Agraeoent, an Agreement with the Tom in which it has agreed,, among other things,. as follows t 1. Developer hereby oovenants and agrees that he will wia-in two (2) years from the data h eroof install gravel sub -base and roads, curbe i drainage facilitieae, water lines and two and ones halt inc hoe of bitusinous paving for the streets haroinaftor listed in aecc ordaanca with the reini:mum specifications and standards for sub -di vis i+ in the Town of South Burlington in effect as of the date hereof and will furs *r within said period eako all such improvemnti s as are set forth in ai plan of Country Club staet*s sub -division dated Auquat., 1965, prepared by ginoars, Incorporated of Vo rsuat, and aepprovwrd by the South Burlington, 'Planning Commission and in aceo;rdance with the records of the planning Cass<etissi*n dated September 22, 1965. mountain view Blvd. .ditty street cinch street from Gauntry club Drive to Mountain View Blvd. Ma t Country Club Drive from Poor Tarn Road to a point 20 foot past the Uarth 3i4a of Mountain View Blvd intersection. WiE S, the 'town aftd.DeVollopet have by said Agr**Mnt agreed to an Escrow arrangement for they onefit of the Tawny as provided herein, Ln the event the Davealoper for any reason fails Lo perform his cosuitment and obligations set forth in said Agreeea "t with the Town, and $I «A$, the Developer has exedutod sixaultaaneously with this Rearrm Agroonnnt, aa< promissory note payable to the HOWAJW NATIONAL W40K AND TRUST COMPANY, bearinq even date herewith, in they aetount of Fifty Thouxond Dollars (950,004.00), and providing among rather things, for interest at the rate of six percontum (60) per annum payable semi-annually and principal payable cm demand thirty (36) months from the dste thereof, as WALREAS P the Bank holds the Develorls said promissory note in the amount of Fifty Thoueand Dollars (150,000.00) in ***row for t e benefit of the Town and hjW agreed to di sours e the loan proceeds evidenced by said promissory note by advance* to be made from time to tir as requested by than Town in accordance with the to * hereinafter *at forth; .3- Mt ' Cl t a in consideration of the pr*visos and other I*Wful, Conss WOrat long, the re ipt of whiah is aacka awledq ed by **oh party, It is aaagreeaed as follows., It The Developer agrees that said promissory note in the aunt of Fifty '1'hwaaand Dollars ($3g, 000.00) and the loan proceed* thereof say be hold by the Bask and used for the purposes and up4a they ewnditions hereinafter scat forth. The Developer further agrees to repay to the Saaak according to the tenor of said Promissory note, may advance* made by the Bank pursuant to the terms and conditions hereinafter met forth, 3. The Jank shall make no advances of the lo" prc9coods except as instructed by the authorined representative of the Tom# as herein set forth. In the event the Taint shall rile with the Sank a written statement asserting that the Deveaalopesr is, in the judgaaresrnt of the Town, in default under the terms of saie- Agreammt between the Developer and the Town of even date herewith relating to the construction of saats*ets and other improvements in the Country Club Extattss Development, eto Sank shall make, advance* e* from tires to time from the loan procisedu of said note in an asouxnt or aswuntss not to exceed Fifty Thousand Dollars ($50,400.00) . as requested from tine to tip by the duly authoris representative of the Town, whether or not the D evelopatar has dodge of or consorts to suoh loan advances. The Torn agree* that it will promptly notify the Developer that it has fLI*4* or is about to fi.lo# such a claim or claims of default witb the Doak. The Bank shall be under no duty to inform the Developer of the r*coipt of such claim or claims of default, nor of the mount of any such loans aadva sees to the :`own. ranee Deeaveaa10"r Shaul, ho'Yi1eVor, b* entitled to examine all documents wbich than bank may haavee in its possession and the Raank will, at the Developer'$ request, furnish at least ono photocopy of such of these doeassaeaesate as the Developer may request. 3. The Torn agree* that all ssuCb 1e4as advatneta shall " aaxpsadod only for the puarposeaa of ea+o WlestUW the streets and other improvements in said Country Club yattatoss Oe"lopvent in accoreiaaaot with said Agroment between the Developer and than Town relating tho veto. Nothinq herein shall be construed, howmmr, r troquiring the Dank- to Inquire into the o r et of any claim or claims of e aefaultPVuI' t ear Y'own, near shall the baan9k be required to aako any deteraidrnaation as to whether or not such loan eadvar!ncos are In fact eexapendaaci its accordance with the agreement between the Developer W4- d the bran, mw "all the Smak be ro4pirod to sake any dotemumtion as to who r the vaquix*4 street and other isprovejumts have in fact tit letod. The track shall not be liable to tkw Dovolopor or the %wn for may action taken by the hank while actial is qood faith and is r*Umace Upon the Dank's iatserp retat on of its obligations under this aqveowmt or air instructiosm received by the bank yrem pars +►s who are lio by the bank to be aauthori ropra"atat vus of the Tom and the Developer.. or neither of then. t. The baAk and Developer agAve that the described prMissory note in the svoimt of rifty Thousand -14ra ( , 000.00) OA4 tho loan Ovidonced by Said paM,iSsoary cots shall be non-caeanoaellablo for as period of thirty (30) wouths from the date h*roof, unless written permissicm is obtained is advance from the Tam. Purthor, than Sank as es that in dio N wanor whatsoever *ball it refuse or delay to ask* such loan a4vamms when and as x*quostod during said thirty (0) umth period by a duly authorised repro eeantatiwo of the Town, and the Devel*q er agrees that in ao manner whatsoever shall it interfere Math or hinder such loan advances by the R4&t to the 5. This Escrow r t *ball toraina'e3 and *hall be of no fore* or effect upon 0MVIOtion, of all work contemplated by said Agreement botweea the Developer and the Town and the written aappr*va l of said work by that 9C'oom. Dates at South Burlington, Chi"t.tea ea County, v er at, of J9M 1966. in the Prsoaeftoo of % ,' 'by T OT SC- " t Yr VI C" r, > C.}. COMY't as, on this of 4. appearedt' to so knamthe s c described in an . 6 TMXT January.. 1946, AR4 Jun A • who executed the for*goina instrummt, and actcnowledteed to to that t.hmv exetc Uted the same as their free act and dead as Deaveel r. efesre 4� STATE Of VRRMRT On this 075 44-7 ` da of January* , 196, b��l.forey�.me,, lid Bey, y axy P� �.#��r, a ///�' �$�a;�/]/-'��/..,_ � fJraC+'Sa�.0 LW #'YiitVwfsV7J�e ..µNM. W,� eU .Z;�� , the cor rat on Ai: and which easeesc�ut+eel t� ��►�- qoLAq instrtmeat, and ac cArleeigetd to me that the neat affixed to saidinstrumont, was sicmod and sealed on be 2 if of said TOWN OF 80MU SURIaZ t _.authority of its board of daloe t ou and said � acknowledged the saw instru wont to _ "44-t a a of U." d of said corporation as m*feera am on tt►1ffi __ _ c:ay of J ua►zy, 1966, fogey me, a 'Notary Pubiio, aka aradi to mo Juiown to be the ;err of the HOWARD VATI SAL YJJWK & TRUST WW' ,r f%l Q axat d in amd which oxe►cutod the foregoing instrumetit, and ac aevlee "d to as that the seal affixed to ;said instrument was si9mbd *ad sealed on behalf aid fi0k tRV ATi(W?At, UM 4 " RMP.I.` W and said atcknowI*cIg%d the,"me to bs the roesot and 4#4dot`` asso iaticn as Er mow� Bofors me Notary pt*lid 1-\ ESCROW AGREEMENT THIS AGREEMENT entered into this day of January, 1966, by and between RENT: J. BERARD and JUNE A. BERARD, both of South Burlington, Vermont (hereinafter referred to as the "Developer"), jthe TOWN OF SOUTH BURLINGTOM, a municipal corporation in i Chittenden County, State of Vermont (hereinafter referred to as the "Town*) and the HOWARD NATIONAL BANK AND TRUST CCMMY, a inational banking association with its principal place of business I Q,in Burlington, Chittenden County, State of Vermont (hereinafter referred to as the "Bank"); WITNE SSETH s WHEREAS, the Developer is presently engaged in the !development and sale of lots in a development known as Country ,Club Estates in South Burlington, Vermont, and in order to comply with the ordinances, lags and regulations of the Town and its constituent commissions and officers, has executed simultaneously with this Escrow Agreement, an agreement with the Town in which it has agreed.., among other things, as follows: 1. Developer hereby covenants and agrees that he will within two (2) years from the date hereof install gravel sub -bases and roads, curbs, drainages facilities, water lines and two and once -half inches of bituminous paving for the !streets hereinafter listed in accordance with the minimum specifications and standards for sub -divisions in the Town of South Burlington in effect as of the date hereof and will further within said period make all such improvements as are set forth in a plan of Country Club Estates sub -division dated August, 1965, prepared by Engineers, Incorporated of Vermont, and approved by the South Burlington Hanning Commission and in accordance with the records of the Planning Commission dated September 22, 1965. Country Club Drive Mountain View Boulevard Cinda Street Kitty Street ��..,t and woo WHEREAS, the Town and Developer have by said Agreement agreed to an escrowarrangement for the benefit of the Town, as provided herein, in the event the Developer for any reason fails to perform. his commitment and obligations set forth in said Agreement with the Town, and WHEREAS, the Developer has executed simultaneously with this Escrow Agreement, a promissory note payable to the HOWARD NATIONAL BA14K AND TRUST COMPANY, bearing even date herewith� in the amount of Fifty Thousand Dollars ($50,004.00), and providine,, among other things, for interest at the rate of six percentum (6%)' per annum payable semi-annually and principal payable on demand thirty (30) months from the date thereof, and WHEREAS, the Bank holds the Developer's said promissory note in the amount of Fifty Thousand Dollars ($50,000.004 tagerther 'fi t. the -loan pros o4s thor*of i -grow* for the benefit of the Town and has agreed to disburse the loan proceeds evidenced by said promissory note by advances to be wade from time to time as requested by the Town in accordance with the terms hereinafter set forth; NOW, THEREFORE, in consideration of the premises and other lawful consideration, the receipt of which is acknowledged by each party, it is agreed as follows: 1. The Developer agrees that said, promissory note in the amount of Fifty Thousand Dollars ($50,400.00) and the loan proceeds thereof may be held by the Bank and used for the purposes and upon the conditions hereinafter set forth. The Developer further agrees to repay to the Bank according to the tenor of said promissory note, any advances made by the Bank pursuant to the terms and conditions hereinafter set forth. 2. she Bank shall make no advances of the loan proceeds except as instructed by the authorized representative of the Town, as herein set forth. In the event the Town shall file with the Bank a written statement asserting that the Developer is, in the judgment of the sown, in de -fault under the terms of said Agreement between the Developer and the Town of even -2- date herewith relating to the construction of streets and other improvements in the Country Club Estates Davdopment, the Bank shall make advances from time to time from the Loan proceeds of said note in an amount or amounts not to exceed Fifty Thousand Dollars ($50,0OO.00), as requested from time to time by the duly authorized representative of the Town, whether or not the Developer has knowledge of or consents to such loan advances. The Town agrees that it will promptly notify the Developer that it has filed, or is about to file, such a claim or claims of default with the Bank. They Bank shall be under no duty to inform the Developer of the receipt of such claim or claims of default, nor of the amount of any such loan advances to the Town. The Developer shall, however, be entitled to examine all documents which the Bank may have in its possession and the Bank will, at the Developer's request, furnish at least one photocopy of such of these documents as the Developer may request. 3. The Town agrees that all such loan advances shall be expended only for the purpose of completing the streets and other improvements in said Country Club Estates Development in accordance with said Agreement between the Developer and the Town relating thereto. Nothing herein shall be construed., however, as requiring the Bank to inquire into the propriety of any claim or claims of default by the Town, nor shall the Bank be required to wake any determination as to whether or not such loan advances are in fact expended in accordance with they agreement between the Developer and the Town, nor shall the Bank be required to make any determination as to whether the required street and other improvements have in fact been completed. The Bank shall not be: liable to the Developer or the Town for any action taken by the Bank while acting in good faith and in reliance upon the Bank's interpretation of its obligations under this agreement or any instructions received by the Bank from persons who are believed by the Bank to be authorized representatives of the Town and the Developer, or either of them. 4, The Bank and Developer agree that the above described promissory note in the amount of Fifty Thousand Dollars ($50,000.00) and the loan evidenced by said,promissory note shall be non -cancellable for a period of thirty (30) months from the date hereof, unless written permission is obtained in advance fros the Town. Further, the Bank agrees that in no manner whatsoever shall it refuse or delay to make such loan advances when and as requested during said thirty (30) month period by a duly authorized representative of the Town, and the Developer agrees that in no manner whatsoever shall it interfere with or hinder such loan advances by the Bank to the 'down. 3- 5. This Escrow Agreement shall terminate and shall be of no force or effect upon completion of all work contemplated by said Agreement between the Developer and the Town and the written approval of said work by they Town. Dated at South Burlington, Chittenden County, Vermont, this day of January, 1966. In the Presence of: RENE J. BERARD — JUNE A. BERARD TOWN OF SOUTH BURLINGTON By Its duly aut ar zed agent HOWARD NATIONAL 3A X AND TRUST C04PANY Its duly author- se argent STATE OF VERMt: NT CHITTEI+iDEN COUNTY } On this day of January, 1966, before me, personally appeared RENE J. BERARD and JUNE A. BERARD, to me Known to be the persons described in and who executed the foregoing instrument, and acknowledged to me that they executed the same as their free act and deed as Developer. Before me Notary Public STATE OF VERMONT CHITTENDEN COUNTY } On this day of January, 1966, before me, a notary public, appeared to me known to be the of the TOWN OP SOUTH BURLINGTON, the corporation named in and which executed the foregoing instrument, and acknowledged to me that the seal affixed to said instrument,was signed and sealed on behalf of said TOWN OF SOUTH BURLINGTON by authority of its Board of Selectmen and said acknowledged the same instrument to be the free act and deed of said corporation as Before zee Notary Public -4- STATE OF VERIMONT CHITTENDEN COLRITY ) On this slay of January, 1966, before me, a notary public, appeared to me known to be the of the HOWARD NATIONAL SANK AND TRUST COMPANY, the association named in and which executes' the foregoing instrument, and acknowledged to me that the seal affixed to said instrument was signed and sealed on behalf of said HOWARD NATIONAL BARK AND TRUST COMPANY and said acknowledged the same to be the free act and deed of said: association as r Before me *rotary P c -5— A G R E E M E N T THIS AGREEMENT entered into this day of January, 1966, by and between RENE J. BERARD and JUNE A. BERARD (herein- after referred to as the "Developer") andthe TOWN OF SOUTH BURLINGTON, VERMONT (hereinafter referred to as the "Town"); WITNESSETH: WHEREAS, the Developer is presently engaged in the development and sale of lots in a development known as Country Club Estates, and in order to comply with the ordinances, laws, and regulations of the Town and its constituent commissions and officers, has agreed that it will construct streets and other improvements in said development in accordance with the minimum specifications of the Town, and WHEREAS, the Developer desires to substitute an escrow arrangement relative to funds to be deposited in the Howard National Bank and Trust Company as security for the performance of his commitments and obligations as hereinafter set forth in lieu of a performance bond. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth the parties agree as follows: 1. Developer hereby covenants and agrees that he will within two (2) years from the date hereof install gravel sub -base and roads, curbs, drainage facilities, water lines and two and one-half inches of bituminous paving for the streets hereinafter listed in accordance with the minimum specifications and standards for sub -divisions in the Town of South Burlington in effect as of the date hereof and will further within said period make all such improvements as are set forth in a plan of Country Club Estates sub -division dated August, 1965, prepared by Engineers, Incorporated of Vermont, and approved by the South Burlington Planning Commission and in accordance with the records of the Planning Commission dated September 22, 1965. Country Club Drive _'"fountain View Boulevard Cinda Street Kitty Street W 2. Developer has executed simultaneously with this Agreement, an Escrow Agreement of even date herewith between the Developer, the Town of South Burlington and the Howard National Bank and Trust Company and a promissory note in the amount of Fifty Thousand Dollars ($50,000.00) according to the terms of said Escrow Agreement. 3. The Town agrees to accept the terms of said Escrow Agreement and the covenants of the respective parties thereto as security for the performance by the Developer of his obligations hereunder. 4. The Town agrees to inspect the construction and improvements installed by the Developer upon completion thereof and receipt of written request so to do by the Developer. 5. In the event any phase of the work contemplated by this agreement fails to meet the Town's standards, the Town shall notify the Developer in writing of that fact together with the action required to bring said improvements up to the standards lawfully imposed by the Town. 6. Upon completion of all work contemplated by this agreement and its approval by the Town, then in that event, and in that event only, the said Escrow Agreement shall terminate and be of no force or effect. 7. In the event the improvements contemplated by this agreement are not satisfactorily completed by the Developer within the time specified by this agreement, the Town is hereby authorized to complete said improvements and to reimburse itself for the reasonable expense thereof pursuant to the terms of said Escrow Agreement. Dated at South Burlington, Chittenden County, Vermont, this day of January, 1966. In the Presence of: DEVELOPER -2- RENE J. BERARD JUNE A. BERARD TOWN OF SOUTH BURLINGTON 0 "IN STATE OF VERMONT ) ss. CHITTENDEN COUNTY ) On this day of January, 1966, before me, personally appeared RENE J. BERARD and JUNE A. BERARD, tome known to be the persons described in and who executed the foregoing instrument, and acknowledged to me that they executed the same as their free act and deed as Developer. Before me Notary Public STATE OF VERMONT ) SS. CHITTENDEN COUNTY ) On this day of January, 1966, before me, a notary public, appeared to me known to be the of the TOWN OF SOUTH BURLINGTON, the corporation named in and which executed the foregoing instrument, and acknowledged to me that the seal affixed to said instrument was signed and sealed on behalf of said TOWN OF SOUTH BURLINGTON by authority of its Board of Selectmen and said acknowledged the said instrument to be the free act and deed of said corporation as Before me Notary Public -3- ESTIMATED CONSTRUCTION COST COUNTRY CLUB ESTATE DEWT4,1LOPMENT A. Bond covers Mt. View Blvd. Complete Kitty Street Complete Cinda Street from C. C�- ive to Mt. View Blvd. Countxy Club Drive from Poor Farm Road to a point 201 past the north side of Mt. View Blvd. intersection. B. Lots included in Bonded Area # 1 through # 12 (12) # 48 through # 68 (21) (37) # 85-86-87-88 (4) Note: Fj Lot # 47 is not included Lot # 68 is included only if driveway is on Mt. View Blvd. Lot # 12 same restriction as Lot # 68 September 16, 1966 Mr. Rene J. Berard Berard Construction Company 101 Ethan Allen Road South Burlington, Vermont Dear Mr. Berard: Enclosed please find estimate of the damage to�,�uaxJ rails as per our telephone conversation Septem�or 14, 1966. The Highway Department intends to near future so that I will be gel Hoping this estimate will suf�f'oe in ry HL/h encl. 7meantime is in the i shortly. , remain, y yours, `. C1air Ma wer No Text i 2). (.zlj, 1 jr 7- 3 (4 1 s 8- 4 n7 � --9., AJ t7( S 7 A7 1 3-o &L�..,,,,,. 2! OF3 C, zt_ �0 0 011 S C] z I I Z-lFC V- 6 v -- -- --r --- --- -- ---- - 1 Q - WILLIAM EPHRAIM MIKELL DOUGLAS S. STUART 0 111 L A W 0 F F I C E S MIKELL AND STUART 144 SOUTH WILLARD STREET BURLINGTON, VERMONT 05401 Guy M. Page, Esquire YANDELL & PAGE 156 College Street Burlington, varmont Dear Guyl January l4f 1966 Res Rena J, and June Berard - Town of South Burlington, Howard National Bank and Trust Company escrow Agreement AREA CODE 802 TEL. 862 - 6114 Reference is made to our telephone coAversation this morning. As you know, the sub -division regulations of the Town of South Burlington require a commercial surety bond in favor of the Town as security for the "rformance by the contractor of constnuction of the sub-4ivision improvements required by law. The Town Manager's Office has received from time to tuna, requests by developers for substitution of an escrow agreement in lieu of a perfor-mance bond an security for the construction of such improvements. At the request of the Town 4anaqer's Office, therefore, this office prepared as form, of agreement which would, in my opinion, be acceptable as a substitute for a performance bond. This form was submitted to and approved by the Town manager's Office. I understan4 that 4r. larard earlier this year, expressed to the manager an interest in substituting such an agreement in lieu of a performance bond, and the manager delivered to Mr. Perry at the Howard National Uankt the for of agreement prepared and approved by this office for such use. Subsequently, on December 15, 1955, 1 received a copy of your letter to the Howard Bank and a copy of a proposed form of escrow agreement prepared by your office. I have never been contacted by the bank or Mr. Berard with reference to this matter. 1 reviewed Guy M. Page, Raquire -2- January 14, 1966 the proposed escrow agreement which you prepared and on December 16, 1365, wrote to the Town manager that it was not, in my opinion, an adaquate substitution for a bond. My decision was based, in part, upon the belief that there should be one standard municipal form of escrow agreement for use by all developers and that the Town should not be put to the expense of reviewing a separate agreement witli Oifferent provisions for each developer. My disapproval was also based upon my understanding that under the agreement prepared by you, there would be no Physical. assets in existence for use. by the Town until a request for an advance or the loan exncuted by both the Town and the developer was submitted to the bank and approved by the bank. Until this joint request was approved, there would be no deposits in the commercial checking account. Moreover, the agreement did not contain the terms of the $70,000.00 loan to the developer and did not, in my opinion, prohibit the bank from cancelling the loan, accelerating its maturity or demanding its repayment, thereby effectively prev6.nting the ""own from obtaining funds to? Complete construction. Fiaally, the language of the agreement contemplates only street improvements and, as You will observe from the enclosed form prepared by this Office, the Contractor's obligations include all improvements required by the sub-- Division regulation-, of the Town. Mr. Berard is continuing with construction of homes in this proposed development without building permits. ,4y telephone conversation and this letter are in response to the Town Manager's request that I contact you regarding this situation. I understand, however, that you represent the bank and not Mr. Berard. It is my feeling that it is Mr. Berard's responsidlity to take the initiative ane all steps necessary to see that he has complied with the sub -division regulations of the Town. I am sending a copy of this letter to ',-Ir. Perarel and, tile Town Manager. Sincerely, MIEELL AND STUART klilliam F. rikell W/j lh cc Rene Berard Irving Douglas October 4, 1965 b r. Rene 41, Berard 101 Ethan Allen Road South Burlington, Vt. Dear 11r, Berard: I am enclosing our estimated construction co for your development for which we will accept an $85#000.00 bond to cover the project. I Very truly yours., Irvine L. Douglas Town Manager ILD/h enc. 1 cc,, ;fackett Insurance Agency, Inc. 109 South Wfinooski Ave Burlington, Vt. August 26, 1965 11r. Rene J. Berard 101 Ethan Allen Road South Bu.-lington, vemont R6: An ordinance to amemi the South Burlington Zoning Ordinance bpi creation of an area: of Resid.ential B c-,LE,, per yovr reqv�est of 'gal,. 28, 1965. Dear k.x. Berard.: Th.j's ord.inaiwe was unaxiimovaly approved by the Board of Selectmai) of South Burlington at their weeting of August?, 196- ,:;) a Irory truly Nours, IrVing L. Douglas Town Maziagar BOND ESTIMATES 1. Cut & fill to Subgrade 2. Gravel 3. Curb 4. Paving 5. Water main in development 6. Water main to development 7. Hydrants 80. Storm Drain 9. Catch Basins 10. Outlet Structure Total Bond LENGTH OF STREETS Mt. View Blvd. 1680, C. C. Drive 18201 Cinda 350' Kitty 4201 Total 4270' 5000 8000 18000 21500 25000 9000 1500 15400 2800 200 $106,400 CURB LENGTH (est.) � 5001 X 2 = 90001 30;4 storm drain 190, @10.00, 1811 storm drain 12701 G 4.70 151, storm drain 10501 Cam' 4.00 12" storm drain 980' CC 3.40 Catch Basins C& WO each The length of water main necessary to serve the development from the existing main on Ethan Allen Drive is only an estimate. If asphalt coated Lok cor pipe is used, and it is ok with me to use it, there will be about a 15% reduction in the storm drain figure. It could be reduced to $14,000. Paving is -figured at 50 tons per 1001 of street to take care of intersections etc. Paving cost for the combined 1-j and 1 inch courses is figured at $10.00 per ton. Robert C. Ladd Highway Superintendent September 27, 1965 BF-RARD'S FARMS Dial UN 2-5749 10 September 1965 Toi,m Manager bo Burlington, Vt Dear Mr Douglass 101 Ethan Allen Dr. So. Burlington, Vt. Confirming our recent discussion on a, parcel of land of approximately 50 acres adjoining; the town property for a possible town recreation area. We feel that F'or this purpose we would be willing to let the town have this property for $700.00 per acre, payable over a period of three to five years. Very truly yours, Aen ' erard TOWN OF SOUTH BURLINGTON SOUTH BURLINGTON, VERMONT Office of the Town Manager TOWN MANAGER Irving L. Douglas Mr. Rene Berard 101 Ethan Allen Drive South Burlington, Vermont SUBJECT: Development Area Country Club Estates Dear Mr. Berard: BOARD OF SELECTMEN Vincent J. D'Acuti, Chairman Augustus T. Stannard Stephen M. Whittlesey Robert K. Ashley Ralph B. Goodrich August 30, 1965 In regards to the telephone conversation of the 27th, you requested a memo from the planning commission chairman as to the requirements of the proposed plan for this development. Mr. Kellner is now on a two week vacation and he authorized me to advise you that it <.ould be necessary for you to give us a report on the amount of ledge that would be encountered in your road. construction for future installation of a sewer system. It is my understanding that the main water line and sewer line is recommended to have a ten foot separation. This is why the board needs the infor- mation on the ledge. Corrections as recommended by Mr. Ladd should be made. Any lot for building construction that has a septic tank where ledges exist in in question. A plan of the tank installation must be submitted to the Board of Health for approval of the required square footage of the lot and acceptable percolation and approval by the Board of Health to the toum managers office before a builders permit can be issued. We hope that the plans can be presented to the planning commission at the next regular meeting which will be held at 7:30, aepternber 22, for approval. ILD/d1a Yours truly, Irving L. Douglas Imm Manager Augu.,-At 30, 1965 Mr. Rene Berard 101 Ethan Allen Drive -outh 'aurlington., Vermont ,�UWEGT: Dev�-,-lo�,iment Area ("ountry Club Estates Dear Mr. Berard: in r-eirds to the t(-4+-phone convo-L%,,,J,ion of the 2,7th, you rf,-kaaested �I raemo the planning commission chaiman as to the requirements of the proposed plan for this developmmmt. Mr. Kellner ib now on a :'wo we vacation antl he euthforized me to advi•se you that it , ould be necessary for you to give us a report on the :,'-,rnour;t of ledge that would be encountered in your, road con.-Aruction for future installation of a aeytirer system. It is my under: Lal,-ding that the main water line and r line is recommended to h<we a ter foot 8np,,ration. Thi,,-, i3 ', by the board needs the. infor- mation on the ledge. C:)rrectiono %;., recommended by Mr. La A -A'iould be male. An.y lot for buiLiing cons',,rucUon that has a bedtic t;mk where ledger, exiA 13 in ueitiozi. A plan of the te,nk installaAon must b- ubmitted to the Board of Health for, approva.1 of the required square footage of the lot and acceptable percolation and appr-)val by the board of Health to the t�)�.,n rwnagers ofl,'ice a buildei's pe-rmit can. be issued. ;:.e hope that the plans can be preserited to the plan -tin- comis_�ion at the next regular meeting which will be he at 7:30, for aP;j1-)v1-"l. ll,D/d-I a Yours truly, Irvin- L. 11)0,,Eglas Toi,m Manager August 26, 1.965 11r, Rene J. Berard 101 Ethan Allen Road South Burlington, Vermont Re: An ordinance to amend, the South Burlington Zoning Ordinance by creation of an additional area of Residential B as per your request of July 28, 19650 Dear Mr. Berard** This ordinance was unanimously approved by the Board of Selectmen of South Burlington at their meeting of August 21i, 1965. Very truly yours# Irving L. Douglas Town Manager ILD/h August 10, 1965 Fir. Rene Berard. P.O.Box 2007 South Burlington, Vermont Dear Mr. Berard.: This is to notify you that the South Burlington Board of Selectmen will hold. a public meeting at the Town Office Building, 555 Dorset Street, South Burlington, Vermont on Tuesday, August 24, 1965 at 7:30 P.M. to consider your change of zoning petition. Very truly yours, Irving L. Douglas Town Manager ILD/h August 10, 1965 Mr. Rene J. Berard Box 2007 South Burlington, Vermont Dear Mr. Berard -, This is to notify you that the South Burlington Planning Commission will hold a -public hearing at the Tovm office Building, 555 Dorset Street, South Burl- ington, Vermont, on Wednesday, Augi,,st 25, 1965 at 7.*30 P.M. to consider your application for the approval of a sub-dAvision on your property as per plot plan, on file in the Town Manager's office. Ver�i trul7 yours, Irving L. Douglas Town Manager ILD/h Augm�alot 1965 Mr. WA11110M D. X011ner',' chfaIrman pjami� ssion 11 Wealthy Avellue 8,011U; f3kArIIar!,tOn* VOM-1011t', Dear Mr. Kollmrt I t-mvo sot up a boaring of t1w Vlawiine Comissioll at tho Town Offloo IWId 10 $%Dorset St t 41 SOV U-1 Surlingtoax verftoot't on �=O'dv'o aumAst "22 1965 at 700 P*M* to 00"Ider tjto aPpIleation ,AM' Rone wid June, twj;�ra f��r Uw approval, of' a sub-di,vision of, approximate,11 50 acro-O (1111iflaty-ono I.Ots) jawun as tho Count%V Club estatas looatO4 an tbe e,',,aster part, ot tbo romor Ethan AlItol,. ?�kmo aa por plot plwi on tile in tho Town Mm-Ager's very truly yourso JrvtrV,, L. Douglas Town Huxagor IIZA cot Ro�ral ChIttend*91 Arthur Rock, Loo Of3rTanP fir. Lostar HavlIz Berard Construction Co., Inc. General Contractors Residential - Commercial - Industrial P.O. BOX 2007 DIAL UN 2-5749 SO. BURLINGTON, VT. 28 July 1965 So Burlington Town Manager So Burlington, Vermont ATTN: Mr Irving Douglas Dear Mr Douglas: Request that parcel of land under proposed development, known as the Country Club Estate, located on the easternly part of the former Etha-i Allen Farm, be rezoned from Industrial I� to Residential.,, same. Enclosed you will find check in the amount of 44P50.00 covering Very truly yours, RENEr,7 BERARD President T I he 30amOf S010-etme", of the Town of Soutb i"3urlington h*reby give ,°,,Otico W-At there 'Will be a publie kisaring oir� I esdaY, the 24tj,. day. of August,, 1965 sAt 7:30 P,',14. at ti-Ae South Burlington Office build:i�°lgp 555 Dorset Streetv Sout),i 3vr1iqgtoii# Vomont to oonsider the followirAg ordlnwce for final pfissat,;a: 200AMMM A,, ORDINA 0L Z AK, :D "Vih SOUTIi BURL11,�TMNI 7,0NV'A:G 0RDLW,CL1 BY 01RUTION OF A ADDITM�,AL APE A OP R6310L `TIAL The Rolectmen of South BurliaZton hereby ordaln: The Sow,*th Purlington Zoning Ordinarice adopted February 28, 1964, and tile offtoial zoning map adopted In connection therowjtj. is hercby amended by ohanging the la,-%,d use of t�he, foljow�ng de3 ed land rrom Industrial A to 11* side n t, 1,al B. A parcel of land owriod by liene J. and June A. Berard of approximately 50 acres known as the C00untry Club 'I'Satates I located oi,a tiro eaaterly part of the f0m*r Ethan Allen Parm, as F)er Aot Plan on, file in the Town Viviagerts office. The S"� Burlington Zoning ordiace adopted Vebm*�&r*y P81 1964 and t1it ofriolal zoning map adopted *-A.-connection tle i tt i's hereby tile land use 0� tht following deacribed, land from ftsidential43 to Business A. A parcel of Isuid, owntd,'by Mark and Vera',F. Bolton,, e, located on tb'West Si e of hinsaburg Poad -v%d having ;f 400 1-aet. a frontage thereori or 3PO feet anti a dei�tYaI �egtiorl This ordinance 8411 Itake of fact from 'Ita Irving L. Douglas 4ovn ManaZer July 7, 1965 Mr. Rene J. Berard 101 Ethan Allan Road South Burlington, Vermont Dear Mr. Berard: This is to notify you that your petitiori to rezone a parcel of land from Industrial "A" to Residential "B" was unanimously approved by the Board of Selectmen at their meeting of June 15, 1965- This property is described as follows: A parcel of land bounded on the West and Noeth by Airport Park- way, on tYie East by National Guard Avenue and on the South by Mose Dumas property and Airport property, This parcel of land contains approximately six acres. Very truly yours, Irving L. Douglas ell Town Manager Berard Construction Co., Inc. General Contractors Residential - Commercial - Industrial P.O. BOX 2007 Town of So Burlington So Burlington Vermont ATTN: Mr Douglas Town Manager Dear Mr Douglas: DIAL UN 2-5749 19 June 1965 SO. BURLINGTON, VT. Your letter of 17 Jun 65 notifying us of the accepted change from industrial A land to Residential B by the Board of Selectmen at their 15 Jun 65 meeting does not describe the property properly, as requested in our letter of 10 May 65. Request the necessary corrections be made and this office be notified of same. Very truly yours, r% RENE // BERARD President ff �1� June 17, 1965 Mr. Rene J. B6rard 101 Ethan Allen Road South Burlington, Vermont Dear lir. Berard: This is to notify you that your petition to re- zone a parcel of land from Industrial "At' to Residential "B" was unanimously approved by the Board of Selectmen at their meeting of June 15, 1965, 'This property is described as follows: A parcel of land bounded on the West and Nortb by Airport Parkway, on the East by -11"'ational Guard Avenue,, and on the South by Moses Dumas property and Airport property fors ar-ftIft, 7of Very truly yours., Irving L. DouLlas ch Town Manager TOWN OF SOUTH BURLINGTON, VERMONT PLANNING COMMISSION June 13s 1905 Reply adaress: 11 Viealthy Avenue South Burlingtons Vermont Board of Selectmen Town of South Burlington 555 Dorset Street South Burlington$ Vermont Attentiont Mr. Vincent J. DfAcutij, Chatrium Subject; Mr* Berard's petitAon to rezone land. Gentlemen# The Plaming Cossion meeting on Jane 1,# 19o5 at the Town Office reviewed a petition of Ur, Rene J. Berard to revise the Zoning Ordinance aj, followas Rezone a parcel of land bounded on the 'West and North by Airport Varkway$ on the East by liational Gaurd Aveop and on the South by Moses Dumas property and Airport property for a depth of two hundred ( 200 ) feet fram Industrial "All to Residential "B"s The Gommion unanimously recomaiends that a triangular area bounded on the 11test and North by Airport flariavay# on the Last by National Gaurd Aveep and on the South and 14Vest by the Airport property line be rezoned from Industrial "All to Residetial "B"o The basic character of this area is now Residential RB" and the area is being, plamed to extend residential buildingoo, The Com- xdsaion w" in agreement thst the possibilliW of changing this area to u Flamed District would facilitate developwnt of tids area$ but felt that the decision should be deferred until the kaster Plan id updated. Very truly yours* Chairman cc: Ar* I Dauglaso To,,m 14Qnager May 21, 1965 Mr. Rene J. Berard 101 Ethan Allen Road South Burlington Vermont Dear Mr. Berard: There will be a public hearing held at the Town Municipal Building, 555 Dorset Street, South Burlington, Vermont, on Tuesday, June 1, 1965 at 70030 p.m., to con- sider your petition to re -zone a parcel of land bounded on the West, and North by Airport Parkway; on the East by National Guard Avenue, and on the South by Mose Dumas property, and. Airport property for a depth of two hundred (2001) feet, to be changed from Industrial "A" to Resi- dential "B". V�jry truly yours, Irving L. Douglal ManagerTown ILD:re SOUTH BURLINGTOV LEGAL NOTICE The: Board of Selectmen will hold a. public hearing, at the Torn Office Building, 555 Dorset outh Burlington, Vermont, on Tuesday, Jt; 14- 1965,: Ot 7:30 p.m« to consider the petition �f 'Rene J. Berard co re. -zone a parcel of lax ndc on the West,,Amd North by Airport Parkw�onthe st a . nal Guard Ai,-eniio, and on the South by Tfose Dum. as property, and Airport p rty f to b 4 wW From. ;,nd:ulst,pial "A" to Residential ttx� n Irvin; L. Douglas Torn Manager THE RLINQTQN FREE PRESS May ��, 1965 South Burlington Legal Notice The Board of Selectmen will hold a public hearing at the Town Office Building, 555 Dorset Street, South Burlington, Vermont, on Tuesday, June 1, 1965, at 7:30 p.m. to consider the petition of Rene J. Berard to re -zone a parcel of land bounded on the West and North by Airport Parkway, on the East by Nation- al Guard Avenue, and on the South by Mose Dumas property, and Airport property for a depth of two hun- dred (200') feet, to be changed from Industrial "A" to Residential "B". Irving L. Douglas Town Manager May 15 ,1965 Berard Construction Co., Inc. General Contractors Residential - Commercial - Industrial P.O. BOX 2007 DIAL UN 2-5749 SO. BURLINGTON, VT. 10 May 1965 So Burlington Town Manager So Burlington, Vermont Dear Sir: Enclosed please find our check in the amount of $30.00, to cover the following: Request that parcel of land bounded by Airport Parkway on the West and North, bounded by National Guard Ave on the East, and bounded by Mose Dumas and Airport property on the South, be changed from industrial A to residential. k3- This property is much better suited for residential thait it is for industrial. U' Very truly yours, C'Ye"� � Ae ver RENE !J BERARD President Houses to be constructed price r;-inge. 41(-� :`flay 5, 1965 South Burlington Town Manager So. Burlington, Vt. Dear Sir, -L equest we be issued three permi kthree houses on AAiamil Guard Ave. ne mas rtv �be in t $17,500.0 , uIv yours, vo er I IKRD CONSTRUCTION Rene J. Be r.-i rd. President $ 18,000.00 41y Co.,, I ii C. Berard Construction Co., Inc. General Contractors Residential - Commercial - Industrial P.O. BOX 2007 DIAL UN 2-5749 SO. BURLINGTON, VT. May 5, 1965 South Burlington Town Manager So. Burlington, Vt. Dear Sir, Request we be issued three permits for building three houses on National Guard Ave. next to Dumas n property. Houses to be constructed will be in the $17, 500. 00 to $ 18, 000. 00 price range. Very truly yours, BERARD CONSTRUCTION CO., INC. RJ B:dm Rene Berard$ President